Chapter 103 - Off-Street Parking, Landscaping, Exterior Lighting and Signs#

10300 - Purpose.#

The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating the design, materials, construction, location and maintenance of off-street parking, landscaping, exterior lighting and signs.

(Ord. 626 § 2 (29), 1999)

10301 - Off-street parking.#

A. General.#

No building or land shall be used and no building shall be hereafter erected or structurally altered unless such uses and improvements comply with the provisions of this section.

B. Parking Required.#

1. Number by Use.#

The number of off-street parking spaces required shall not be less than as set forth below and if the aggregate number of parking spaces required results in a fraction of a space, the next highest whole number of spaces shall be required. Where square footage is used as a determinate of off-street parking requirements, excluded from the computation shall be that area devoted to restrooms, stairwells and utility shafts, balconies and other such architectural features of a nature not pertinent to the use as determined by the Director of Community Development.

USE	PARKING SPACE REQUIRED
a. Residential Types.
One family dwellings, mobile homes and two-family dwellings:	Two (2) for each dwelling unit; both spaces contained within an enclosed garage; provided, however, a three-car enclosed garage shall be required when the total number of bedrooms within a dwelling unit exceeds four (4) and/or when the total number of bathrooms as defined in Section 10032 exceed three (3).
Multiple-family dwellings:	One and one-half (1-½) for each dwelling unit of less than two (2) bedrooms and two (2) for each dwelling unit of two or more bedrooms, each apartment shall have at least one (1) covered space; parking for townhouses and condominiums shall have both spaces contained within an enclosed garage.
Lodging houses, boarding houses, clubs or fraternities and the like, having sleeping rooms:	One and one-half (1-½) for each sleeping room or one for each non-kitchen unit, one (1) for each 250 square feet of office space and one guest space for each five (5) units.
Day-care, preschools, and nursery schools:	One (1) per staff member and one (1) for each five (5) children at licensed maximum capacity. Large family day care homes: 1 (1) per 10 (10) children if adequate drop-off facilities are provided and designed to accommodate a continuous flow of passenger vehicles to safely load and unload children; provided, however, large family day care residences also provide two (2) driveway parking spaces including a readily accessible garage. The adequacy of drop-off facilities proposed shall be determined by the approval body for the proposed use.
Hotels, motels, boatels, and the like:	One and one-half (1-½) for each kitchen unit, one (1) for each non-kitchen unit, one (1) for each 250 square feet of office space and one (1) guest space for each five (5) units.
Emergency shelters:	One (1) parking space per ten (10) adult beds, plus one (1) parking space per employee on the largest shift.
Single room occupancy (SRO) housing:	One (1) parking space per two (2) units.
b. Institutional Types.
Hospitals, children's homes, homes for the aged, nursing homes, residential care facilities and the like serving seven (7) or more persons.	One (1) for each two beds and one (1) for each two (2) employees on the largest shift.
Churches, clubs and lodges:	One (1) for each four (4) seats or one (1) for each twenty-eight (28) square feet of the general assembly room or auditorium, whichever is greater.
Libraries, museums, galleries and the like:	One (1) for each 250 square feet of total floor space.
Primary schools:	One (1) per classroom plus one (1) for each thirty-five (35) square feet of the general assembly room or auditorium.
Secondary schools:	Five (5) per classroom plus one (1) for each thirty-five (35) square feet of the general assembly room or auditorium.
c. Commercial Types.
Professional office, customer service, and general retail:	One (1) for each 250 square feet of total floor area.
Establishment or enterprises of a recreational or entertainment nature:
1) Spectator type, e.g., theaters, auditoriums, thirty-five (35) arenas, sections, and the like:	One (1) for each five (5) seats or one (1) for each square feet of total sport seating area, whichever is greater, plus one (1) for each 250 square feet of total non-seating area.
2) Participant type, e.g., skating rinks, arcades, dance and exercise studios, martial arts training, and the like:	One (1) for each fifty (50) square feet of total floor area.
Bowling alleys, tennis courts and billiard rooms:	Three (3) for each court, billiard table and/or alley plus parking for incidental uses (e.g., restaurants, taverns, etc.).
Full service car wash:	One (1) parking space per employee on the largest shift, plus one and one-half space for every twenty (20) feet of car wash conveyor, plus one (1) for each 250 square feet of incidental uses (e.g., customer service, general retail, etc.).
Used car sales:	One (1) parking space per 1,000 square feet of total indoor/outdoor display area, plus one (1) for each 250 square feet of total office area.
Mobile recycling units:	Mobile recycling units may not locate where existing parking capacity is already fully utilized, the locations of which shall be submitted to and approved in the manner provided for in Section 10352 or Section 10353 of this Article, whichever applies. Otherwise, a reduction in available parking spaces in an established parking facility may be allowed as follows:
For a commercial host use:

No. of Available Parking Space	Maximum Reduction
0—25	0
26—35	2
36—49	3
50—99	4
100+	5

USE	PARKING SPACE REQUIRED
Establishments for the sale and consumption on the premises of food and beverage:	One (1) for each four (4) fixed seats, plus one for each 45 square feet of dining or service area excluding fixed seats, plus one (1) for each 250 square feet of non-service area.
Vocational or training schools or businesses:	One (1) for each instructor plus one (1) for each three (3) students/participants
Service stations and commercial garages:	One (1) for each pump island, plus one (1) for each service rack or bay, plus one (1) for each 250 square feet of office area (pump island and service bay areas shall not be counted as parking spaces)
d. Industrial & Manufacturing Types.
For all industrial and manufacturing uses listed as permitted in M Zones, the greater of the following two computations apply:
1) Related to personnel:
a) Managerial, administrative and clerical employees:	One (1) for each such employee, plus
b) Unclassified employees:	One (1) for each two (2) such employees, on the largest shift: plus
c) Visitor parking:	One (1) for each five (5) managerial, administrative, and clerical employees, plus
d) Business vehicles:	One (1) for each such vehicle parked on the premises:
2) Related to floor area:
a) Warehouses & wholesale establishments:	One (1) for each 500 square feet of total floor area, plus
b) Manufacturing, research and development and office space:	One (1) for each 300 square and development and feet of total floor area

2. Unspecified Uses.#

The parking space requirements for uses not otherwise specified in Section 10301(B)(1) shall be fixed by the City Council. Such determination shall be based upon the requirements for the most compatible uses specified herein and shall be made in accordance with the amendment procedures set forth in Section 10003; provided, however, that no fee shall be charged and, no public hearing or notice of the matter need be given.

3. Loading Spaces.#

For all uses of an institutional, personal, professional and business service nature, included, but not limited to, offices, hotels and motels, hospitals and auditoriums, one off-street loading space shall be required for each 50,000 square feet of total floor area which, in any case, need not exceed a total of three (3) such spaces. For all uses of a general retail, industrial or manufacturing nature, one off-street loading space shall be required for each 30,000 square feet of total floor area which, in any case, need not exceed a total of five (5) such spaces.

4. Compact Stalls.#

In every parking area containing ten (10) or more stalls, not more than twenty (20) percent of the required and non-required off-street parking provided for a use other than residential may be designed as compact automobiles§ shall be clearly marked as a compact stall, with letters six (6) inches high.

5. Multiple-Family Dwellings and Mobile Home Parks.#

In addition to the requirements specified in Section 10301(B)(1), additional off-street parking for multiple-family dwellings and mobile home parks shall meet the following standards:

a. An uncovered off-street guest parking space shall be provided in addition to those spaces required by Section 10301(B)(1) at a ratio of one for each two (2) dwelling units.§

b. An uncovered compact automobile stall may be provided at a ratio of one for each five (5) parking spaces, in lieu of the regular size.§

6. Shared Parking.#

Parking facilities may be used jointly for uses with significantly different peak hours of operation, provided, however, requests for shared parking must meet the following requirements:

a. A parking study completed by a State Registered Traffic Engineer or firm shall be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed.

b. The number of parking stalls which may be credited against the requirements for the structures or uses involved shall not exceed the number of stalls reasonably anticipated to be available during the differing hours of operation.

c. The establishment of the shared parking agreement shall be fixed by the City Council in accordance with Section 10352, or Section 10301(B)(2) if the property is not zoned PD (Planned Development).

7. Handicapped Parking.#

All property developed or improved on or after the effective date of Part 2, Chapter 2-71, Title 24 of the California Code of Administrative Regulations shall provide handicapped parking in compliance with all applicable statutes and regulations governing such parking. In addition, all handicapped parking required by operation of this section shall be designated for the exclusive use vehicles which display either a distinguishing license plate or a placard issued pursuant to operative provisions of the California Vehicle Code. All persons owning, leasing, occupying or having charge or possession of any real property subject to the requirements of this section shall maintain all handicapped parking in strict compliance with the design standards prescribed in Title 24 of the California Code of Administrative Regulations and the minimum standards prescribed in Section 22511.8(a) of the California Vehicle Code, as such standards now exist and may be amended from time to time.

C. Design Standards.#

1. Access and Size.#

Each unenclosed off-street parking space shall have dimensions of at least nine (9) feet by twenty (20) feet for standard size automobiles§ and dimensions of at least eight (8) feet by fifteen (15) feet for compact automobiles§, exclusive of driveways and aisles. Required parking stall lengths within unenclosed areas may be reduced by a maximum of two (2) feet to allow for overhang of automobiles upon landscaped planters and sidewalks; provided, however, that such planters and sidewalks are a minimum of six (6) feet in width. Each enclosed off-street parking space shall have dimensions of at least ten (10) feet by twenty (20) feet for each stall.§ Garage door openings for single and double-car garages shall be a minimum of eight (8) and sixteen (16) feet, respectively.§ Each off-street loading space shall have dimensions of at least ten (10) feet by twenty-five (25) feet.§ Where such loading space does not adjoin a street or alley, convenient and adequate access, at least twenty (20) feet in width shall be required.§ Aisle width shall be in accordance with the following standards:

ANGLE OF PARKING	AISLE WIDTH
30	14′
45	18′
60	20′
90	25′

2. Location.#

Parking spaces shall be located off public and private streets in accordance with the following standards:

a. Parking spaces for dwelling units shall be located on the same lot or building site as the building that they are intended to serve. Required covered parking shall be within an enclosed garage or carport; provided, however, that no open storage shall be allowed within a carport which is visible from any public right-of-way.

b. Parking spaces for all uses other than residential shall be located on the same lot or parcel as the building or use which they are intended to serve, or located on a contiguous lot thereof.

c. Parking spaces shall be arranged so that it is not necessary to back onto an arterial or collector highway.

d. Tandem parking shall not be recognized in fulfilling off-street parking requirements pursuant to Section 10301(B)(1).

e. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for various uses in accordance with Section 10301(B)(1). Off-street parking facilities for one use shall not be considered as providing facilities for any other use unless approved otherwise pursuant to Section 10301(B)(6).

f. Every parking stall, other than those provided for one (1) or two (2)-family dwellings, which is adjoined on either side by its longer dimension by a fence, wall, partition, column, post or similar obstruction, shall have its minimum width increased by not less than three (3) feet on the side of the obstruction.

g. Parking spaces located perpendicular to a curvilinear parking aisle, shall for the purposes of measuring a stall width, be taken at a point ten (10) feet in from the mouth of a standard stall, and seven and one-half (7-½) feet in from the mouth of a compact stall.

3. Improvements.#

a. Surface. All Parking areas shall be surfaced with a minimum of two (2) inches of asphaltic concrete over four (4) inches of base§, or four (4) inches of portland cement concrete.§ Site grading and drainage shall be subject to the approval of the Department of Public Works. All designated driving areas and each off-street parking space required by this section shall be striped in accordance with specifications of the Department of Public Works, which at all times shall be maintained in a readily visible state.

b. Fence. Where a group parking area for four (4) or more automobiles abuts property classified for residential use, it shall be separated therefrom by a solid masonry wall, six (6) feet in height§, provided the wall, from the front property line to a depth equal to the required front yard on the abutting residential classified property, shall be two and one-half (2½) feet in height.§ Where such parking area abuts a street, it shall be separated therefrom by an ornamental fence, wall or compact evergreen hedge having a height of not less than two (2) feet and not more than two and one-half (2½) feet§, which shall be continuously maintained in good condition.

c. Access. Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving such parking lot shall be clearly visible a distance of not less than ten (10) feet to a person approaching such entrance or exit§ on any abutting pedestrian walk or foot path. Exits from parking lots shall be clearly posted with "STOP" signs. Appropriate bumper guards, wheel stops, entrance and exit signs, and other such directional signs shall be maintained where needed. Access to parking spaces for dwelling units shall not be less than ten (10) feet in width throughout and paved.

4. Driveways.#

For uses other than one (1) and two (2)-family dwellings, driveway access from a public street to the required off-street parking area shall be as follows:

a. Where the parking area contains less than twenty-five (25) parking spaces, driveway access shall not be less than ten (10) feet in width.§ There shall be an additional three (3) feet in width of landscaping wherever the driveway abuts a main building on the lot.

b. Where the parking area contains more than twenty-five (25) parking spaces, a two-way driveway shall be required with a minimum paved width of eighteen (18) feet.§ There shall be an additional three (3) feet in width of landscaping wherever the driveway abuts a main building on the lot.

c. No driveway or vehicle accessway shall have a grade in excess of ten (10) percent within twenty (20) feet of a street or alley right-of-way§, and the slope of every driveway or ramp shall not exceed fifteen (15) percent§; provided, however, that where an existing driveway being used for access is required to be modified because of a public improvement project, such grade may exceed fifteen (15) percent, provided the design is approved by the Department of Public Works. Transition slopes in driveways and ramps shall be designed to the standards established by the Department of Public Works and the City Building Official. For the purpose of calculating the driveway grade, elevation of the property line or the street plane line, whichever is more restrictive, shall be three and one-half (3½) inches on curbed streets or five (5) inches on non-curbed streets, above the elevation of the center lines of the street. Access to alleys shall be three (3) inches above alley center lines of property lines.

d. No driveway shall individually exceed thirty (30) feet in width§, nor shall the cumulative total of driveways exceed one-half (½) of the total lot frontage.§

5. Lights.#

Any lights used to illuminate off-street parking or vehicle sales areas shall be so arranged as to reflect the light away from adjoining residential property and streets.

6. Maintenance.#

All parking areas and access thereto shall be maintained in a good state of repair. Any parking improvements found to be in violation of this Section shall be abated in the time and manner prescribed for property maintenance enforcement in

Chapter 2, Part B#

D. Development Review Procedures#

1. Ministerial Permit Required#

No off-street parking shall be hereafter installed or modified without a Ministerial Permit having first been issued therefore by the City pursuant to Section 10354, unless said parking is provided for in other provisions of this Article.

2. Alternative Development Criteria#

Where off-street parking does not meet the requirements of this Section for the use with which it is associated, the property may be improved, building enlarged or use intensified only if the parking is made to conform with the requirements of this Section or approval is granted by one of the following means:

a. Development Permit#

Approval is granted in conjunction with issuance of a Development Permit or modification thereto pursuant to the provisions of Section 10352.

b. Variances#

A variance is granted in accordance with the provisions of Section 10005.

3. Exemptions#

Properties, buildings, and uses which are nonconforming with respect to the off-street parking requirements of this Section shall be deemed exempt, except for maintenance standards, from the requirements and procedures specified in this Section under the following circumstances:

a. Residential Exemptions#

Within a Residential (R) Zone, residential uses existing as of April 15, 1980, shall be exempt so long as:

1)#

Each use, at a minimum, complies: (1) with the terms and conditions of a Development Permit, if any, which was issued by the City relative to each such use; or (2) where a Development Permit has not been issued, each use complies with the off-street parking requirements in effect at the time of original construction as determined on the basis of building permits on record; provided, however, that where the date of original construction cannot be determined on this basis, each such use shall be deemed exempt;

2)#

Off-street parking is lawfully accomplished within the parameters of Section 10226(C)(2) of this Article; and

3)#

No additions are made on or to the property; provided, however, that single-family structures may be improved to the extent that any addition, either individually or cumulatively, does not exceed one-third (⅓) of the total floor area of the dwelling unit as originally constructed.

b. Commercial Exemptions#

Within a Commercial (C) Zone, commercial uses existing as of April 15, 1980, shall be exempt so long as:

1)#

Each use within a building: (1) maintains a valid business license; (2) remains unchanged in type of use; (3) remains unchanged in area, space, and volume occupied by each use; and (4) complies with the terms and conditions of each Development Permit, if any, which has been issued by the City relative to each such use; or

2)#

Each use which fails to meet the provisions of Section 10301(D)(3)(b)(1) is replaced by a use which requires not more than one (1) off-street parking space for every 250 square feet of total floor area, as specified in Section 10301(B)(1).

c. Manufacturing Exemptions#

Within a Manufacturing (M) Zone, manufacturing and coastal industry uses existing as of April 15, 1980, shall be exempt so long as:

1)#

Each use, at a minimum, complies: (1) with the terms and conditions of each Development Permit, if any, which has been issued by the City relative to each such use; or (2) where a Development Permit has not been issued, each use complies with the off-street parking requirements in effect at the time of original construction as determined on the basis of building permits on record; provided, however, that where the date of original construction cannot be determined on this basis, each such use shall be deemed exempt; and

2)#

No additions are made on or to the property.

(Ord. 626 § 2 (31), 1999; Ord. 579 § 6 (2) (part), (14), 1992)

(Ord. No. 711, § 5, 11-5-12)

---

10302 - Landscaping#

A. Purpose#

The purpose of this section is to establish regulations to enhance the appearance of the community, establish buffers between abutting land uses and public rights-of-way, reduce heat and glare, control soil erosion, provide for the conservation and safeguard of water resources and ensure compliance with all State-mandated water conservation regulations through the efficient use of water and appropriate use of plants, and ensure the ongoing maintenance of landscape areas.

B. Definitions#

1.#

"Container size" means the size of the container in which a plant was planted when it left the nursery (i.e., five-gallon shrub, twenty-four-inch box tree, etc.).

2.#

"Soil area" means the area that will accommodate the soil and subject plant(s), that is located within the interior side of a defined planter area, and not containing the outer curb, box, etc. of the container structure.

3.#

"Traffic Safety Sight Area ("TSSA")" means the area that includes that portion of both public and private property located at any intersecting streets and a line joining points on the curb or edge of roadway forty-five (45) feet from the point of intersection of the extended curb lines or edges of roadway (see Figure 1).

Figure 1 Traffic Safety Sight Area ("TSSA")

4.#

"Tree topping" also means hat-racking, rounding over, heading, or tipping, wherein techniques are used to remove the large branches from the treetop and leaving only lateral branches and stumps on the tree.

C. Landscaping Required#

Any Development or Administrative Permit, as defined in this Chapter, approved by the City may be conditioned to require permanent landscaping. Landscaping shall be installed in the following locations for all types of developments unless the approving authority determined that the required landscaping is not necessary to fulfill the purposes of this section.

1. General#

Trees, shrubs, groundcover or other such landscaping may be permitted in any required front, side, or rear yard. Front and street side yards which are visible from the public right-of-way shall be landscaped.

2. Single-Family Residential Development#

Fixed concrete, asphalt, or similar monolithic hardscape shall not cover more than fifty (50) percent of the required front yard area of a single-family residential front yard.§ Artificial turf is discouraged.

3. Nonresidential Development#

All new and/or modified nonresidential development shall provide the minimum amount of landscaping per Table 1, below. Landscaping shall consist of an effective combination of trees, shrubs and groundcover. All unpaved non-work areas (excluding vacant lots) shall be landscaped. Artificial turf is discouraged.

Table 1 Minimum Landscaped Area Required

Zoning District	Minimum Landscaped Area Required
General Commercial (C-1)	10% of net buildable area
Special Commercial (C-S)	10% of net buildable area
Light Industrial (M-1)	5% of site
Port-Related Industry (M-PR)	Per plan
Planned Development (PD) - Commercial	20% of site

a. Commercial Planned Developments#

Landscaping standards specific to Commercial Planned Developments shall be as follows:

1)#

Boundary landscaping consisting of a combination of fences, hedges, and walls shall be employed to buffer commercial properties adequately from residential districts, which adjoin or are adjacent to such properties.

2)#

One (1) tree per thirty (30) linear feet of each interior property line, which may be clustered or grouped, shall be planted in the boundary area§ in addition to required ground cover and other plants.

b. Industrial Uses#

Landscaping standards specific to industrial uses shall be as follows:

1)#

Perimeter landscaping shall be required for all lots fronting a public right-of-way. The landscaping shall be placed along the entire length of these property lines and shall be of sufficient width to accommodate the number of trees required. One (1) tree per twenty-five (25) linear feet of lot frontage on a public right-of-way, which may be clustered or grouped, shall be planted in the perimeter landscaped area§, in addition to required groundcover and shrubs.

2)#

Undeveloped areas are to be maintained to present a neat appearance. Trash and debris are to be removed and understory vegetation is to be maintained at a height of less than twelve (12) inches.

4. Parking Areas#

All open off-street automobile parking areas for multi-family and non-residential developments that contain more than four (4) parking spaces shall provide landscaping in accordance with the following standards:

a.#

Parking lots abutting a public street right-of-way shall provide landscaping between the public right-of-way and the parking lot with a minimum depth of five (5) feet§ and not to exceed ten (10) feet, with openings for pedestrian paths or driveways.§

b.#

All landscaping shall be contained in planting areas with a minimum size of twenty (20) square feet§ and a minimum soil dimension of four (4) feet.§

c.#

All planting areas shall be bound by a concrete curb having a minimum height of six (6) inches.§

d.#

A minimum of thirty-five (35) percent of the parking lot shall be covered with tree canopy at maturity, carports with solar panels, or a combination of both.§ Standards related to tree planting in parking lots are as follows:

1)#

Not less than one (1) twenty-four-inch box minimum container size tree of a species satisfactory to the City shall be installed for every ten (10) single-row parking stalls§ and for every twenty (20) double-row parking stalls within a parking lot.§ The minimum tree well planting soil area shall be four (4) feet width by five (5) feet depth.

2)#

A landscape island with a minimum planting width of five (5) feet shall be installed at the ends of each parking row§ and shall be planted with not less than one (1) twenty-four-inch box minimum container size tree of a species satisfactory to the City for single-row parking stalls and two (2) trees for double-row parking stalls.

e.#

Wherever off-street parking areas for a non-residential use are situated across the street from property in a residential district, a thirty-six-inch-high visual barrier shall be provided§. The barrier may be a wall, earthen berm with planting, or plants to achieve a thirty-six-inch height as measured from the top of the parking lot curb. Required sight-distance shall be maintained at corners and driveways. Screen plantings adjacent to the roadway, shall be thirty-six (36) inches in height at the time of planting and shall be no taller than forty-two (42) inches high at maturity when planted where the sight-distance is required.

f.#

Landscaped areas shall contain trees and/or shrubs and those portions of a planting area not planted with either trees or shrubs shall be developed in one (1) of the following manners:

1)#

Planting with ground cover capable of covering the entire planting area within a twelve-month period. The use of turfgrass and artificial turf is discouraged.

2)#

All planting areas to be covered with a minimum of two (2) inches of either compost, wood mulch, stone, or similar material and maintained in a weed-free condition.

D. General Standards#

The following standards apply to all landscaped areas.

1.#

All new and modified landscape areas shall provide for water efficiency consistent with the California State Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23, Division 2, Department of Water Resources, Chapter 2.7) and those within the City of Port Hueneme Landscape Design Guidelines.

2.#

Trees and shrubs shall be planted so that at maturity, they do not interfere with utility lines, Traffic Safety Sight Areas (TSSAs), and the basic property rights of adjacent property owners, particularly the right of solar access. Shrubs in the TSSA shall be no taller than thirty-six (36) inches above curb elevation and trees shall be pruned so that the canopy is no less than six (6) feet above curb elevation.

3.#

No usage or storage is permitted within required landscaped areas.

4.#

Cannabis shall not be planted anywhere in the City limits unless said planting complies with all provisions of Sections 3990—3993 of the Port Hueneme Municipal Code.

5.#

Trees planted within six (6) feet of a street, sidewalk, or walkway shall be a deep-rooted species and shall have a root barrier installed§ at the pavement edge to protect the hardscape.

6.#

Tree grates shall be of the expandable type.

7.#

A minimum distance of twelve (12) feet is required between the center of trees and adjacent light standards.§ Tree locations shall not conflict with required lighting.

8.#

Mow strips with a minimum width of six (6) inches, or metal or wood headers, shall be used to separate turf areas§ from other landscaped areas and to separate landscaped areas from adjacent undeveloped properties. This applies to all developments except single-family residential.

9.#

Plants used to screen above ground utility equipment shall be of sufficient size so that a minimum of seventy-five (75) percent of the utility equipment is screened within one (1) year.§

10.#

All landscape areas, including pots and raised planters (excluding those associated with an individual residential unit), shall be supported by a permanent, automatic irrigation system that is designed to meet the needs of the various planting areas and plant species, and which shall be designed to conserve water and avoid overspray outside of the designated planting area.

11.#

Landscape areas may not conflict with civil engineering design and National Pollutant Discharge Elimination System (NPDES) requirements.

12.#

All proposed plants shall be of a type having a root structure which, in their natural and anticipated extension and growth in relation to their location will not damage or interfere with normal use and enjoyment of the following:

a.#

Public or private lines, cables, conduits, pipes, or other underground structures.

b.#

Public or private sidewalks, curbs, gutters, or hard surface roads, streets, driveways, parking and turnaround areas, easements, or like things designed and constructed to accommodate vehicles and/or pedestrian traffic.

c.#

Contiguous, adjacent, or abutting structures, foundations, or landscape materials.

13.#

No landscaped material shall be of a type that displays any of the following characteristics:

a.#

Are invasive as listed by the Invasive Species Council of California, noxious, or dangerous to persons or domestic animals.

b.#

Exude or emit substances or things which, because of the proposed location, will likely injure or damage real or personal property in the immediate area.

c.#

Will likely block sunlight or fresh air flow otherwise available at a window or other opening in the walls of the building on the property or on a building on adjacent property.

d.#

Are so arranged or placed to the detriment of the health, safety, or welfare of others.

Tree Planting Requirements Example

All trees to meet the specifications set forth by The American Standard for Nursery Stock (ANSI Z60.1).

Tree Planting Requirements

The following specifications provide representative examples of the minimum acceptable tree size at the time of planting:

Root Ball Size	Trunk Diameter	Tree Height	Canopy Width
15 gallon	Minimum 1"	6' to 8'	1' to 2'
24" boxed	1" to 1.5"	8' to 10'	2' to 4'
36" boxed	1.5" to 2"	10' to 12'	5' to 6'
48" boxed	2" to 3"	12' to 14'	7' to 8'

14. Maintenance#

All required landscaping shall be maintained in conformance with the following standards:

a.#

All vegetation shall be maintained free of physical damage or injury arising from lack of water, chemical damage, insects, diseases, improper pruning (i.e., tree topping), or other such cause. Vegetation showing such damage shall be replaced by the same or similar vegetation which will be comparable at full growth.

b.#

Lawn and groundcover are to be maintained as appropriate for each plant type. Turfgrass shall be mowed regularly. All planting areas are to be kept free of weeds and debris.

c.#

All planting areas are to be kept in a healthy and growing condition. Fertilization, cultivation, and tree pruning shall be part of regular maintenance.

d.#

Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be part of regular maintenance.

e.#

Stakes, guy wires, and ties on trees shall be checked regularly to correct function. Ties are to be adjusted to avoid creating abrasions or girdling on trunks or branches.

f.#

Any landscaping found to be in violation of this section shall be abated in a time and manner prescribed for property maintenance enforcement in Chapter 2, Part B of this Article.

g.#

Maintenance requirements for trees within, or encroaching within, the public right-of-way shall be as follows:

1) Pedestrian Clearance#

Trees shall be maintained to provide a minimum of seven (7) feet of vertical clearance from the face-of-curb to the back of the sidewalk.

2) Easement Clearance#

Trees within a City easement shall be maintained to provide a minimum of twelve (12) feet of vertical clearance within all portions of the easement and the easement shall be kept clear of debris to allow adequate drainage and access for City maintenance of the easement.

3) Vehicular Clearance#

Trees shall be maintained to provide a minimum of sixteen (16) feet of vertical clearance within all portions of the roadway (including gutters).

4) Streetlight Clearance#

Trees shall be maintained to provide a minimum of three (3) feet of clearance around streetlight fixtures, at least two (2) feet of clearance from overhead streetlight power lines, and shall be maintained to leave the designed streetlight coverage unimpeded at ground level.

5) City Signs#

Trees shall be maintained to provide for adequate visibility to all street signs in the road right-of-way.

E. Modifications to Previously Approved Landscape Plans#

The City realizes the landscaping of many of the residential and non-residential developments throughout the City is mature, may be negatively impacting infrastructure, is not drought-tolerant, has outgrown its planting area, and/or may be in need of replacement for other reasons. Therefore, to facilitate the replacement of existing landscaping, a Landscape Permit shall be obtained, which shall be prepared in accordance with the submittal requirements established by the Community Development Department and in conformance with the City's adopted Landscape Design Guidelines. The Landscape Permit shall be processed in one (1) of the following ways:

1.#

Landscape plans, which will not result in a change of character to the existing approved landscape plan, shall be processed in the same manner as a Ministerial Permit, per PHMC Section 10354, with the Community Development Director, or designee, as the approving body.

2.#

Landscape plans, which will result in a substantial change to the existing approved landscape plan, shall be processed in the same manner as an Administrative Permit, per PHMC Section 10353, except that the approving body shall be the Landscape Review Committee, which shall consist of the Community Development Director, Public Works Director, Chief of Police, City Arborist and City Landscape Architect, or their designees, rather than the Development Review Committee.

3.#

Any proposed tree removal(s) may be processed in conjunction with a landscape plan application under the purview of the adopted landscape plan fee, and shall be processed in accordance with PHMC Section 10302(F), below.

F. Cutting and Removal of Trees#

1. Purpose#

The purpose of this subsection is to ensure the protection of mature trees, especially those within approved Planned Developments, shopping centers, and other developments for which a landscape plan was approved, thus ensuring the integrity of the approved landscape plan and the community's tree canopy. However, as the tree canopy throughout the City's developments has matured, there may be the need to remove certain trees due to a variety of reasons. Therefore, if a tree is to be removed, the following shall occur.

2. Scope#

The provisions of this subsection shall apply to all mature trees, which are defined herein as a living tree with a cross-sectional area of all major stems, as measured four and one-half (4½) feet above the root crown, or seventy-two (72) square inches§, except as specified in Section 10302(F)(5)(j) (Exceptions), below.

3. Prohibition of Removal#

No mature tree shall be removed, cut down, topped, relocated, or otherwise destroyed, except as provided for in Section 10302(F)(5) (Tree Removal Permits) or 10302(F)(5)(j) (Exceptions), below.

4. Migratory Bird Treaty Act#

Any tree trimming or removal shall be subject to the Migratory Bird Treaty Act (16 U.S.C. §§ 703—712).

5. Tree Removal Permits#

a. Tree Removal Permit Required#

No mature tree shall be removed, relocated, cut down, topped, or otherwise destroyed, unless a Tree Removal Permit has first been issued by the Community Development Director ("Director"), or his or her designee.

b. Site Inspection#

Before issuance of the permit, the Director shall inspect the premises involved and shall determine that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services. The blockage of views by trees planted in accordance with an approved landscape plan shall not be grounds for removal.

c. Authorized Parties to Prepare Reports#

Tree reports shall be prepared by a licensed arborist, horticulturist, or registered landscape architect.

d. Required Information for Tree Reports#

Tree reports shall include the following information:

1)#

Tree type by common name, genus and species.

2)#

The location of each tree proposed to be removed.

3)#

The diameter of trunks or main stems as measured four and one-half (4½) feet above the root crown.

4)#

The average spread of each tree proposed to be removed.

5)#

A letter grade for the health of each tree proposed to be removed. Grades employed

10303 - Signs#

A. General#

No sign shall be painted, pasted, posted, printed, tacked, fastened, constructed, erected, or otherwise permitted in the City except as provided in this Section.

B. Definitions#

As used in this Section, unless the context otherwise indicates, the following definitions shall apply:

1. Area of a Sign#

The entire area within a single, continuous rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character together with any materials or color forming an integral part or background of the display or used to differentiate such sign from the backdrop or structure against which it is to be placed. Only one (1) face of a double-face sign shall be considered in determining the sign area, provided both sides are of essentially similar design, and not more than twenty-four (24) inches apart. The supports, uprights, structures, or extraneous design features of a sign shall not be included in determining the sign area unless they are designed in such a manner as to form an integral part of the background of the display.

2. Building Frontage#

Those frontages which face upon a public or private street or parking area between such building and street. Where a building faces two (2) or more streets, the frontage containing the principal entrance to the building shall be designated as the building frontage.

3. Canopy Sign#

An unlighted sign perpendicular to the face of a building, fastened to the underside of the eaves, canopy or promenade roof structure of such building, which sign is designed primarily to identify business concerns to pedestrians passing thereby.

4. Construction Sign#

A sign stating the names of those individuals or firms directly connected with the construction project. Said sign may include the names of the City in which their business is located and emergency telephone numbers.

5. Directional Sign#

A sign which only contains one of the following words or phrases: "entrance", "enter", "exit", "in", "out", "one way", or similar words or a sign containing arrows or other characters indicating traffic direction and used either in conjunction with the above words or phrases or separately. No directional sign shall contain any advertising or trade name identification.

6. Flashing Sign#

Any sign which contains or is illuminated by lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner.

7. Free-Standing Sign#

A sign for which a building permit has been issued and is permanently supported by one or more uprights, braces, poles, or other similar structural components when utilizing earth, rock, the ground, or any foundation set in the ground as a primary holding base. Such signs which project through a roof projection or canopy, around which there are no enclosing walls, and monument signs as defined below shall be considered freestanding signs.

8. Height of a Sign#

The distance from the average surface grade immediately surrounding the base of the sign to the top of its highest element, including any structural element.

9. Monument Signs#

Low-profile, freestanding street frontage signs incorporating the design and building materials accenting the architectural theme of the building on the same property.

10. Off-Site Sign#

Any sign which does not fall into the category of an on-site sign as defined below.

11. On-Site Sign#

A sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted on the premises upon which such sign is located, or to which it is affixed. Not more than twenty (20) percent of the total allowable on-site sign area shall be devoted to the advertising of a standard name-brand commodity or service which is not the exclusive commodity or service being sold or rendered on the premises, or a part of the name of the business concern involved. A parcel of record having an access easement as its only street frontage may place its on-site sign on the said easement.

12. A Parcel of Record of Property#

Any separate parcel of property as shown on the latest available assessor's maps, provided that when a shopping center is divided into separate parcels, it shall continue to be considered as one parcel of record, and provided further that where one tenant, business, or enterprise occupies two or more contiguous parcels, it shall be considered as one parcel of record.

13. Portable, Movable or Temporary Sign#

Any sign for which a building permit has not been issued and which is not permanently affixed or erected in accordance with the provisions of the Uniform Building Code or any sign which is intended to be movable or capable of being moved from place to place, whether or not wheels or other special supports are provided.

14. Projecting Sign#

Any sign which projects more than twelve (12) inches from the face of the building.

15. Roof#

The cover of any building and includes the eaves and similar projections. Elevator or equipment housing, penthouses, or similar structures shall not be considered in determining the roof location unless they comprise more than sixty (60) percent of the roof area.

16. Roof Sign#

Any sign erected, constructed or placed upon or over the roof of a building.

17. Rotating Sign#

Any sign that moves, or any portion of which moves or rotates in any manner.

18. Shopping Center#

A group of at least three (3) businesses which function as an integral unit on a single or separate parcel, and which utilize common off-street parking and access.

19. Street Frontage#

The linear frontage of a parcel of record on the private or public street providing its principal access or visibility.

20. Window Sign#

Any sign painted, attached, glued, or otherwise affixed to a window and designed to be viewed from adjoining streets, sidewalks, malls or parking lots.

21. Advertising Structure (Billboard)#

A permanent off-site structure of any kind or character for which a building permit has been issued to erect and maintain such structure for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever, may be placed, including statuary. "Advertising structure" does not include:

(a)#

Directional, warning or information structures required or authorized by law, federal, state or local authority;

(b)#

A structure erected near a city boundary or within a city, which contains the names of such city and the names of, or any information regarding, civic, fraternal or religious organizations located therein;

(c)#

Subdivision directional signs as provided for in subsection (C)(4)(a) of this section.

C. Signs in Residential Zones#

Signs permitted in the R-1, R-2 and R-3 Zones include only those which are listed below:

1. Real Estate Signs#

One unlighted sign not more than six (6) square feet in area pertaining only to the sale or lease of property§ or premises upon which it is displayed, provided that such sign shall not be closer than ten (10) feet to any property line abutting a public road, street or highway.§

2. Name Plates#

One unlighted sign or name plate not more than one square foot in area identifying the property and owner.§

3. Civic Identification Signs#

Not more than two (2) identification signs for civic organizations, churches, and other related quasi-public facilities§, such signs not to cumulatively exceed eight (8) feet in height and twenty-four (24) square feet in area.§

4. Subdivision Signs#

In new residential subdivisions, the following signs may be permitted, provided that only subdivision directional signs, as specified below, may be permitted in locations other than within the subdivision site boundaries.

a. Directional and Sales Signs#

No more than two (2) subdivision sales signs and two (2) subdivision directional signs after a final subdivision map has been recorded pursuant to Article IX, Chapter 1, including, but not limited to, the following provisions:

1)#

The signs may be either single or double-faced, or V-shaped, provided an angle between the two faces does not exceed sixty (60) degrees.

2)#

Neither the horizontal nor the vertical dimensions of a sales sign shall exceed sixteen (16) feet including supporting structures and the total area shall not exceed one-hundred (100) square feet.§

3)#

Neither the horizontal nor the vertical dimensions of a subdivision directional sign face shall exceed ten (10) feet and the total area shall not exceed fifty (50) square feet.§ The height of the sign shall be limited to twelve (12) feet.§ For the purpose of this Section, a subdivision directional sign is one which informs the viewer as to the route or change of direction of travel in order to arrive at the land development project. This type of sign may only display necessary travel directions, the name of the land development project, any characteristic trademark, insignia or similar device of the developer, and if any identifying materials as may be required by this Section.

4)#

No riders are permitted. There shall be no additions, tag signs, streamers, devices, display boards or appurtenances added to the sign as originally approved pursuant to Section 10303(G).

5)#

Any such sign approved for a particular subdivision shall not be changed to advertise another subdivision, without prior approval of the City pursuant to Section 10303(G).

6)#

Subject to proper site distance, such signs may be established along, but not within, the right-of-way of any highway, street or thoroughfare; provided, however, that such signs may not be established along existing freeways which may have been designated as freeway routes by the Division of Highways of the State of California.

7)#

Unless a time extension is granted by the City pursuant to Section 10005(C), such signs may be maintained for a period of not more than eighteen (18) months from the date upon which the final subdivision map is recorded pursuant to Article IX, Chapter 1 or until all of the lots in the subdivision have been initially sold; whichever occurs first.

8)#

Prior to erecting any subdivision directional or sales sign approved by the City pursuant to Section 10303(G), a penal bond in the amount of two hundred and fifty dollars ($250.00) shall be filed with and accepted by the Director of Community Development, and the applicant shall file a written statement from the property owner authorizing either the applicant or the City to go onto the property to remove the sign. In the case of failure to perform or comply with any term or provisions pertaining to such sign, the Director of Community Development may declare the bond forfeited. Upon expiration of the sign approval and removal of that sign, the bond may be exonerated by the Director of Community Development upon application.

b. Model Signs#

One feature sign and one model home sign identifying the particular model not exceeding two (2) feet by three (3) feet in size and three (3) flags on each lot on which a model home is located and which fronts on an interior road. The subdivider may elect to locate all of the feature signs and flags on one model home lot, on the sales office lot or parking area which is a part of the tract, in lieu of one feature sign and three (3) flags on each model home lot.

5. Apartment and Condominium Project Signs#

One unlighted or softly backlighted sign in an amount not to exceed one square foot per dwelling unit§, and in no case exceeding a total of fifty (50) square feet§, identifying only the name and address of an apartment or condominium project, and containing no other information.

D. Signs in Commercial and Manufacturing Zones#

Signs permitted for businesses in C-1, C-S, R-4, M-1, and M-PR Zones include only those which are listed below:

1. Building Signs#

On-site advertising signs and structures painted upon or fixed to any building, subject to the following provisions:

a.#

No part of any sign shall extend above the highest part of the commercial/manufacturing portion of the building elevation upon which the sign is displayed nor shall any roof sign be permitted.

b.#

The sign area shall not exceed one square foot of sign area for each linear foot of building frontage on its principal road, street or highway.§ If two (2) or more businesses are located upon one parcel of record the sign area for each business shall not exceed one square foot of sign panel for each linear foot of each individual business building frontage on the principal road, street or highway. When more than one business is located in a building or upon a single parcel of record, the frontage of each separate business building facing the right-of-way shall be considered as building frontage. The total area of any sign shall not exceed one hundred (100) square feet§ and no dimension on the panel face shall exceed ten (10) feet.§

c.#

Where the sign are permitted under Section 10303(D)(1)(b) is less than would be permitted based upon a ratio of one-half (½) square foot of sign area for each linear foot of street frontage, the latter ratio may be used in computing the permitted single areas, provided that the total area of any sign shall not exceed one hundred (100) square feet.

d.#

Temporary window signs placed entirely within a building shall not cover more than twenty-five (25) percent of the window area of the building facing the streets, sidewalks, malls or parking lots.§

e.#

In a shopping center or multiple business property where four (4) or more separate businesses are located on a parcel of record, and where two (2) or more of said businesses face an arcade, mall or walkway, or when a business has a second or third frontage and public entrance facing a parking area in a direction other than that facing a principal street, an additional sign not exceeding one-half (½) square foot of sign area per linear foot of each business building facing said parking area, arcade, mall or walkway is permitted subject to all other conditions specified in this Section.

f.#

In a shopping center or on multiple business property where two (2) or more businesses are located on a parcel of record, and where one or more of said businesses have no frontage on a public road, street or highway, said businesses may provide signs as allowed in Section 10303(D)(1)(e) based upon the building frontage on a parking lot, parking area or private driveway.

g.#

Except as otherwise allowed pursuant to Section 10303(D)(1)(e), each business within either a C-1, C-S, R-4, M-1, and M-PR Zone, shall be entitled to only one building sign, which sign shall be affixed to the building used to compute the allowable sign area for each such business. Signs shall be parallel with the building and shall project not more than twelve (12) inches therefrom.

2. Monument Signs#

On-site low-profile monument type, freestanding signs subject to the following conditions:

a.#

On-site freestanding signs shall be located within the center eighty (80) percent of the property frontage, as measured from the side property lines. On a corner lot, the eighty (80) percent may be measured from the corner to one side line, or from the respective side lines and around the corner.

b.#

The sign shall not exceed one square foot of sign area for each linear foot of street frontage§, and in no case shall exceed a total of one hundred (100) square feet.§

c.#

On-site freestanding signs shall not exceed eighteen (18) feet in height§, and no dimensions on the panel face shall exceed ten (10) feet.

d.#

Except as otherwise allowed pursuant to Section 10582(C)(5) or approved as part of a Development Permit under Chapter 3 of this Article, only one monument sign shall be allowed on a parcel of record of property.

3. Temporary Off-Site Signs#

Temporary off-site freestanding signs, structure or structures are subject to the following conditions and may only be authorized by issuance of a special use permit pursuant to Section 10355 for a period not to exceed six (6) months unless otherwise provided in this Article:

a.#

Off-site freestanding signs are permitted only on vacant or unimproved property.

b.#

Height shall be limited to eighteen (18) feet§ and no dimension of the panel face shall be greater than ten (10) feet.

c.#

The maximum area of any sign panel face shall not exceed one hundred (100) square feet.§

d.#

A V-shape structure shall not have an interior angle between the two panel faces of more than sixty (60) degrees.

e.#

Off-site freestanding signs shall be set back from the front property line at least ten (10) feet.§

f.#

Off-site advertising structures shall be at least one thousand (1,000) feet apart on the same side of a public road or street.§

4. Canopy and Changeable Copy Poster Signs#

Canopy and changeable copy poster signs are subject to the following conditions:

a.#

One canopy sign for each business not extending beyond the building eaves and not exceeding twelve (12) inches in width§ nor having a clearance of less than seven (7) feet as measured from the finished grade to the bottom of the sign encasement.§

b.#

Two (2) changeable copy poster signs and special feature signs not exceeding twelve (12) square feet each may be permitted for each parcel of record§ only when permanently affixed to a pole or building or permanently planted in foundations in accordance with all other provisions of this Article. Nothing in this Article shall be construed to prohibit any lawful establishment selling motor fuels to display the minimum sized price indicator signs required by Chapter 14, Article 12, of the California Business and Professions Code.

c.#

Signs allowed by this subsection shall be included within the computation of total allowable sign area pursuant to Section 10303(D)(1).

5. No Permanent Advertising Structures (Billboards)#

No permanent advertising structure (billboard) shall be placed or maintained on property located within the City.§

E. Design Standards#

General requirements and limitations for all signs regardless of their location are as follows:

1. General Restrictions#

a.#

A sign, except for public service time and temperature signs, shall not flash, scintillate, move or rotate, or contain any part which flashes, scintillates, moves or rotates, provided that continuously rotating signs that do not exceed a rotating speed of eight (8) revolutions per minute are permitted§.

b.#

Banners, pendants, flags, captive balloons, or signs which change color or appear to change color, or where the intensity of light changes or appears to change are permitted for each business located in a commercial, mixed use residential or industrial zone for a period not to exceed thirty (30) days per quarter each year, subject to

10303 (continued) - Sign Regulations#

E. General Provisions (continued)#

1. Sign Location and Illumination (continued)#

c. Perimeter or flood lighting, whether used for illumination or advertisement, which illuminates private land, whether improved or not, is permitted only when such lighting is installed on private property and is hooded or shielded so that no direct beams therefrom fall upon public streets, alleys, highways or other private property.

d. A sign which is lighted or illuminated to an intensity in excess of that of adjacent public street lights may not be permitted within or closer than two hundred (200) feet of any facing property in a residential zone.§

e. A sign shall not project over a public street or alley right-of-way.§

f. Not more than six (6) permanent directional signs, not exceeding three (3) square feet in area each, on a single parcel of record may be allowed.§

g. Not more than two (2) construction signs, not exceeding twenty-four (24) square feet in area each, on a single parcel of record may be allowed.§

2. Maintenance and Safety#

a. Every sign and all parts, portions, units and material comprising the same, together with the frame, background, supports or anchorage therefore, shall be manufactured, fabricated, assembled, constructed and erected in compliance with all applicable State and Federal laws and ordinances of the City now in effect or hereafter enacted or amended.

b. Every sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports or anchorage therefore, shall be maintained in proper repair and state of preservation. Any sign found to be in violation of this Section shall be abated in the time and manner prescribed for property maintenance enforcement in Chapter 2, Part B of this Article.

c. The display surface of all signs shall be kept neatly painted and/or posted. Signs pertaining to enterprises or occupants that are no longer using the premises to which the signs relate shall be removed from the premises by the property owner within sixty (60) days after the associated enterprise or occupant has vacated the premises. Temporary advertising signs, such as political, leasing or construction signs, for which a special use permit is issued pursuant to Section 10355 shall be removed by the property owner within ten (10) days following the occurrence or completion of the event or election or other purpose served by the sign. Any sign violating this Section shall constitute a public nuisance, and shall be subject to summary abatement pursuant to the provisions of the California Government Code.

F. Nonconforming Signs#

Nonconforming signs shall be subject to the following provisions:

1.#

Banners, pendants, flags, captive balloons and similar paraphernalia shall be removed within thirty (30) days of the effective date of this Section.§

2.#

A portable, moveable or temporary sign, other than those included within the provisions of Section 10303(D)(3) or as approved under a variance procedure pursuant to Section 10005(C)(5), shall be removed upon the effective date of this Section. Signs on or affixed to trucks, automobiles, trailers or other vehicles which advertise, identify or provide direction to a use or activity not related to its lawful making of deliveries of sales of merchandise or rendering of services from such vehicles is prohibited.

3.#

A nonconforming off-site sign shall be removed within three (3) years of the effective date of this Section§; provided, however, that this Section shall not validate or extend the permitted time for any signs approved pursuant to Section 10303(G) at the effective date of this Chapter; provided, further, that this Section shall act as a continuation of Section 10202 of this Article and shall validate any enforcement action taken pursuant to it.

4.#

All other legally erected or painted signs which are not made conforming by approval of a variance therefore pursuant to Section 10005 of this Article, shall be completely removed within five (5) years of the effective date of this Section; or if such sign is made nonconforming by virtue of rezoning or annexation, from the date of such rezoning or annexation.

5.#

A nonconforming sign shall not be altered, reconstructed or moved without complying in all respects with the other provisions of this Section. A sign destroyed by the elements, fire, or other act of God to an extent exceeding sixty (60) percent of its valuation as determined by the City Building Official, shall be subject to the provisions of this Section. No additional signs or expansion of existing signs which render the total amount of sign area for any business nonconforming or further nonconforming shall be permitted, except by a variance as provided in Section 10005. As used in this Section, the term "altered" means any change in shape, size, structure, or any significant change in content of a sign, not including the painting and/or maintenance of pre-existing nonconforming signs.

6.#

Whenever vacant or unimproved property contains one or more off-site signs constructed prior to the effective date of this Section and is improved by having a building erected thereon, said sign shall become a nonconforming use and subject to the regulations set forth in this Section.

7.#

Whenever vacant or unimproved property contains one or more signs constructed after the effective date of this Section, and is improved by having a building erected thereon, said sign shall be completely removed prior to occupancy or release of utilities of said building.

G. Development Review Procedures#

1. Ministerial Permit Required#

No sign shall be hereafter erected or structurally altered except for those signs permitted by Section 10303(C)(1) and Section 10303(C)(2), without a Ministerial Permit having first been issued therefore by the City pursuant to Section 10354.

2. Master Sign Criteria#

In a commercial retail center or multiple business property where two or more businesses are located in a single building, all building and canopy signs shall conform to a master sign criteria for that property which specifies the size, color, material and location of all such signs. Unless otherwise approved as part of a Development or Administrative Permit pursuant to Chapter 3, Part B of this Article, master sign criteria required by this Section shall be processed in the same manner as prescribed for building and monument signs pursuant to Section 10303(G)(1).

(Ord. 626 § 2 (1)—(3), (16), (34)—(36), 1999)

(Ord. No. 820, § 2, 11-18-24)

---

10304 - Exterior Lighting#

General#

Exterior lighting, where provided, shall be accomplished in such a manner as not to illuminate adjacent properties or streets.§

(Ord. 626 § 2 (30), 1999)

---

Chapter 10350-10356 - Development Review#

10350 - Purpose#

The purpose of this Chapter is to provide a uniform means by which applications for discretionary and ministerial projects are to be processed by the City.

10351 - Development Review Committee#

For purposes of this Chapter, a Development Review Committee is hereby established. The Development Review Committee shall consist of the Director of Community Development, Director of Public Works, Chief of Police or their designated representatives. A designate of the Ventura County Fire Department shall be invited to participate in Development Review Committee matters as an advisory, nonvoting member. A quorum of the Committee shall consist of two (2) voting members. In the event of a tie vote, the matter before the Committee shall be deemed denied. The Director of Community Development or his designated representative shall serve as chairman of the Development Review Committee and, for the purpose of Government Code Section 65913.3, be responsible for the coordination, review and processing of all projects subject to the development review provisions of this Chapter.

10352 - Development Permits#

A. General#

Projects, other than those which are explicitly exempt under the provisions of Section 10584(A), requiring the issuance of Development Permits or which are otherwise subject to the development review procedures prescribed in this section include the following:

1. Planned Developments encompassing:#

a. Projects which involve any property, irrespective of size, with an underlying zone classification of C-S, P-R, M-1 and M-PR; and

b. Projects which involve any property zoned PD in excess of 20,000 square feet with an underlying zone classification of R-1, R-2, R-3, R-4 and C-1;

2. Conditional Uses;#

3. Variances;#

4. Boundary Changes; and#

5. Amendments.#

B. Preapplication Process#

Prior to formal application being made for Development Permits, projects should be screened through the Development Review Committee for preliminary evaluation.

1. The purpose of this optional procedure is threefold:#

a. To avoid preparation and the filing of applications for projects which are clearly inappropriate;

b. To reduce problems and time delays which may otherwise be encountered during processing of formal applications; and

c. To incorporate environmental considerations early on in the development review process.

2. To initiate the preapplication process, the following information must be submitted to the Department of Community Development:#

a. Conceptual Drawings. Five (5) sets of preliminary plot plans and building elevations of a scale and detail sufficient to convey the project's general nature including the location of all major existing and proposed improvements and related architectural design characteristics.

b. Environmental Questionnaire. One (1) original copy of information required to conduct and Initial Study under provisions of the California Environmental Quality Act of 1970, on forms prescribed by the City.

3. The Development Review Committee shall be convened within fourteen (14) days of the date of receipt of the preapplication and shall convey the results of their evaluation to the applicant not later than twenty-one (21) days of the date of filing.#

C. Application Submittal#

Applications for Development Permits shall be filed with the Department of Community Development and consist of the following information:

1. Application Cover Sheet#

One (1) original copy of information identifying the applicant and project on forms prescribed by the Department of Community Development. The name and address of the property owner(s) and their written authorization to submit the application(s) shall be included.

2. Property Owner/Resident Map#

One (1) original map prepared at a scale of not less than one (1) inch equals one-hundred (100) feet indicating the size of the subject property and all properties within a three-hundred (300) foot radius of the exterior boundaries of the application area. When required by operation of subsection (C)(3) of this section, a separate map shall be prepared to delineate all properties within a one-hundred (100) foot radius of the exterior boundaries of the application area.

3. Property Owner/Resident List#

Upon pre-gummed labels appropriate for placement on envelopes, one (1) original copy of the names and mailing addresses of all property owners within the three-hundred (300) foot radius shown on the Property Owner/Resident Map. For projects which constitute appealable developments as defined pursuant to Section 10356(B)(1), the Property Owner/Resident List shall also include the mailing addresses of all persons, other than property owners, residing within one-hundred (100) feet of the exterior boundaries of the application area.

4. Affidavit#

One (1) original copy of an Affidavit signed by the applicant of the applicant's agent certifying that the names and addresses shown on the Property Owner/Resident List are the latest as shown on the last equalized assessment roll of the County of Ventura.

5. Development Plan#

Twelve (12) sets of preliminary drawings consisting of plot plans, building elevations, and related exhibits drawn to a scale of not less that one (1) inch equals thirty (30) feet (folded to a size of eight and one-half (8 ½) inches by fourteen (14) inches before submittal) as necessary to depict the following:

a. The location, size, height, and number of stories of all existing and proposed buildings and structures including signs, walls and fences;

b. The location, size, and dimension of yards, courts, and setbacks and all other open spaces between existing and proposed buildings and structures;

c. The location, dimension, and type of construction of all driveways, parking areas, walkways and means of access, both ingress and egress;

d. The location, dimension, and method of improvement of all property to be dedicated to the public utilities; and

e. All exterior elevations and architectural features; the nature, texture and color of all exterior building materials to be used, including signs; the location, type, intensity, and architectural theme of all exterior lighting; and the density, location, and nature of all landscaped areas and landscape materials.

6. Development Plan Reduction#

One (1) original eight and one-half (8 ½) inches by eleven (11) inches acetate or mylar reduction of all Development Plan drawings and exhibits suitable for use on an overhead projector.

7. Environmental Questionnaire#

One (1) original copy of information required to conduct an Initial Study under provisions of the California Environmental Quality Act of 1970, on forms prescribed by the Department of Community Development. The Department of Community Development shall approve or disapprove a project within one (1) year of the date on which an application requesting approval of a project has been received and accepted when accompanied with an Environmental Impact Report prepared pursuant to Section 21100 or 21151 of the Public Resources Code. If a Negative Declaration is adopted or if the project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, the development project shall be approved or disapproved within six (6) months from the date on which an application is filed pursuant to subsection D of this section. This requirement is waived if previously completed in conjunction with the Preapplication Process pursuant to subsection B of this section.

8. Certification of Compliance with Section 65962.5(e) of the California Government Code#

One (1) original copy of a Certificate of Compliance signed by the applicant or applicant's agent certifying whether the project is or is not located on a site which is included on any list compiled and updated by the California Department of Health Services as submitted to the Office of Planning Research containing hazardous waste and substance sites pursuant to California Government Code Section 65962.5(e).

9. Market Study for Commercial and Residential Projects#

One (1) original copy of a market analysis with estimated absorption rates. The general content and suitable age of the market analysis and the size of residential and commercial projects to be exempt from submitting a market analysis shall be established by resolution of the City Council.

D. Application Filing#

Upon receipt of the items listed in subsection C of this section, the Director of Community Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information provided is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, a meeting of the Development Review Committee and public hearing before the City Council shall be scheduled pursuant to subsections E and F of this section, respectively. In either case, a written determination as to the application's completeness shall be made to the applicant within thirty (30) days of its receipt or otherwise it shall be deemed to have been filed. If the application is incomplete, the Director of Community Development shall indicate in writing the specific manner in which the application can be made complete. Upon receipt of any resubmittal of an application, a new thirty (30) day period shall begin. If the application together with submitting materials, is again determined incomplete, the applicant may appeal the matter to the City Council; provided, however, that no fee shall be charged and no public hearing or notice of the matter need be given. The applicant shall be provided a written determination not later than sixty (60) calendar days after receipt of the written appeal.

E. Staff Review#

The Development Review Committee shall be convened within twenty-one (21) days of the date of filing of the formal application for the purpose of developing preliminary recommendations. The applicant shall be advised not later than twenty-eight (28) days from the date of filing as to the nature of preliminary recommendations of the Development Review Committee. The applicant, at his discretion, may cause the Development Plan to be revised and refiled with the Department of Community Development so as to conform with the preliminary recommendations of the Development Review Committee; provided, however, that such revised Development Plans are received not later than twenty-one (21) working days prior to the date of public hearings scheduled pursuant to subsection F of this section. If revised Development Plans are filed later than twenty-one (21) working days prior to the date of the public hearings scheduled pursuant to subsection F of this section, or if the Development Plans have not been revised to as to conform with preliminary recommendations of the Development Review Committee, the public hearing shall automatically be continued until the City Council's next regularly scheduled meeting date.

F. Planning Commission Public Hearing#

Upon acceptance of the filing of an application pursuant to Section 10352(D), a public hearing before the City Council shall be scheduled not earlier than thirty (30) days from the date of filing nor later than thirty (30) days from the date of expiration of public review periods pursuant to the California Environmental Quality Act of 1970. If any provision of law requires the City or a Responsible Agency to provide public notice of a Development Permit or Public Hearing, or both, and the City has not provided the public notice or held the hearing, or both, at least sixty (60) days prior to the expiration of the time limits established by Government Code Sections 65950 and 65952, the applicant or his or her representative may file an action pursuant to Section 1085 of the Code of Civil Procedure to compel the City to provide the public notice or hold the hearing, or both, and the court shall give the proceedings preference over all civil actions or proceedings, except older matters of the same character. In the event that the City or a responsible agency fails to act to approve or to disapprove a Development Permit within the time limits required by this Article, a failure to act shall be deemed approval of the Development Permit application for the project. However, the permit shall be deemed approved only if the public notice required by law has occurred. If the applicant has provided seven (7) days advance notice to the City of his or her intent to provide public notice, then no earlier than sixty (60) days from the expiration of the time limits established by Government Code Sections 65950 and 65952, an applicant may provide the required public notice using the distribution information provided pursuant to Section 65941.5. If the applicant chooses to provide public notice, that notice shall include a description of the proposed development substantially similar to the descriptions which are commonly used in public notices by the City, the location of the proposed development, the permit application number, the name and address of the City, and a statement of the project shall be deemed approved if the City has not acted within sixty (60) days. If the applicant has provided the public notice required by this Section, the time limit for action by the City shall be extended to sixty (60) days after the public notice is provided. If the applicant provides notice pursuant to this Section, the permitting agency shall refund to the applicant any fees which are collected for providing notice and which are not used for that purpose. Failure of an applicant to submit complete or adequate information pursuant to Government Code Sections 65943 to 65946, inclusive, may constitute grounds for disapproving a Development Permit. Nothing in this section shall diminish the City's legal responsibility to provide, where applicable, public notice and hearing before acting on a permit application. In addition, the following shall occur:

1. Notice#

Notice of the hearing shall contain a statement setting forth a description of the property under consideration, the nature of the project, and the time and place at which a public hearing or hearings on the matter will be held and shall be given in the manner specified below not less than ten (10) days prior to the date of the first of such hearings which may be conducted on the project, and for projects which include an ordinance or amendment that will affect the permitted uses on real property, shall be not less than twenty (20) days prior to the date of the first of such hearings which may be conducted on the project:

a. Publishing a notice in a newspaper of general circulation within the City;

b. Mailing a notice to the owner of the subject real property or the owner's duly authorized agent, mailing a notice to the project applicant and mailing a notice to all persons listed in the Property Owner/Resident List; provided, however, that in the event the number of persons to whom which notice would be sent is greater than one-thousand (1,000), notice in lieu thereof may be given by publishing a display advertisement of at least one-eighth (⅛) page in a newspaper having general circulation within such area, or, in lieu of a display advertisement, a notice may be inserted with any generalized mailing sent by the City to property owners and residents within the area affected by the project such as a billing for City services; provided, further, that if in-lieu notice is given under the circumstances and in the manner prescribed herein, the requirements of Section 10352(C)(3) and 10352(C)(4) may be waived, and if such notice is given by way of a display advertisement as herein provided, such notice shall satisfy the requirements of Section 10352(F)(1)(a);

10352 - Development Permits (continued)#

F. Notice and Hearing (continued)#

5. Continuation of Hearing#

If, for any reason, testimony on any case set for public hearing cannot be completed on the date for such hearing, the Councilmen presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which the hearing will be continued and such announcement shall serve as sufficient notice of such continuance and without recourse to the form of public notice as provided in the first instance by this Section.

6. Findings#

In considering the matter, the City Council may approve, disapprove, or modify and approve the project, attaching any reasonable conditions thereto. Not later than at the next regular meeting of the City Council following action on the matter, the City Council shall announce its findings by formal resolution, and the resolution shall cite, among other things, facts and reasons which, in the opinion of the City Council, constitute grounds for the approval, denial, or conditional approval of the project necessary to carry out the provisions of this Chapter and general purpose of this Article. Where a project is approved under the provisions of this Section, the City Council's authorizing resolution shall constitute the Development Permit, where such Permit is required, which Permit shall be deemed issued upon its approval. If the City Council grants the Development Permit or otherwise approves the project, it shall also cite in the resolution such conditions and limitations as may be imposed to serve the purpose of this Article. If no action is taken by the City Council on the project within one year of the date of filing pursuant to Section 10352(D), said project shall be deemed to be approved unless a single ninety (90) days extension is granted by mutual consent of the applicant and City Council.

7. Fulfillment#

Action of the City Council shall be deemed final and conclusive. A Development Permit as approved and issued by the Planning Commission shall be observed and fulfilled in the development and/or use of the property involved. All features required shall be installed and maintained indefinitely unless otherwise stipulated in the Development Permit. After approval and issuance of a Development Permit, initiation of improvements and/or uses anticipated therein must be begun within twelve (12) months from the date of such approval and issuance, unless some other period is specified by the Planning Commission or the Development Permit shall, without prejudice, become null and void. Actions which become final under provisions of this section shall be reported to the County Assessor's Office in accordance with Section 65863.5 of the California Government Code.

G. (Reserved)#

H. Amendments#

Changes in either the use, intensity, architectural character, nature, extent of location of uses and/or improvements of an approved Development Permit shall not be authorized unless processed in the manner prescribed herein.

1. Applications for Amendments#

Applications for amendments to approved Development Permits shall be in writing and shall include an adequate description of the proposed amendment together with plans and specifications, as necessary, to clarify the same. Application, at a minimum, shall consist of those items specified in subsections (C)(1) through (C)(4) of this section; provided, however, that the Property Owner/Resident List shall include only those properties which abut the exterior boundaries of the application area. Within fourteen (14) days from the date of receipt of an application for amendment, the Director of Community Development or his designated representative shall render a decision as to whether such amendment constitutes a major or minor modification of the approved Development Permit, which decision shall be communicated in writing to the applicant.

2. Major Modifications#

Where it is determined that an application for amendment constitutes a significant material change in either the intensity, architectural character, nature, extent, or location of uses and/or improvements authorized under an approved Development Permit, such amendment shall be deemed a major modification and shall be processed in the same manner and fashion as prescribed for Development Permits commencing with subsection B of this section. Amendments which constitute major modifications include, without limitation, those which:

a. Involve any property located in an area within which the Coastal Commission retains original permit jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A) of this Article, and which would either:#

1) Cause a significant alteration of land form including, but not limited to, removal or placement of vegetation; or#

2) Result in an increase of ten (10) percent or more in either internal floor area or height of any existing structure.#

b. Involve the expansion or construction of water wells or septic tanks.#

c. Cause any change in the intensity of use of property or structure to be improved.#

d. Involve the conversion of any existing multiple-family rental or visitor-serving commercial property to or from a use involving a fee ownership of long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel time-sharing conversion.#

e. Involve the placement or erection of any new permanent attached or detached accessory structure in excess of one-thousand (1,000) square feet or which exceeds fifty thousand dollars ($50,000.00) in construction value.#

f. Deviates from any development standard applicable to the property to be improved, which development standards include, as applicable:#

1) Those prescribed in Section 10582 of this Article;#

2) Those applicable to the underlying zone district within which the property is situated; and/or#

3) Those prescribed as part of the terms and conditions of Development Permit approval.#

g. May, in the opinion of the Director of Community Development:#

1) Lessen or avoid the intended effect of an approved Development Permit;#

2) Diminish any public vista;#

3) Significantly diminish the value of surrounding property, including, but not limited to, the impact upon prominent views and the effect upon light and air; and/or#

h. Have cumulative effects beyond the property or structure to be improved.#

3. Minor Modifications#

Where it is determined that an application for amendment constitutes an immaterial change in either the intensity, architectural character, nature, extent or location of uses and/or improvements authorized under an approved Development Permit, such amendment shall be deemed a minor modification. Where such a determination is made, notice to this effect shall be given by the Director of Community Development to those persons listed on the Property Owner/Resident List submitted as part of the application for amendment pursuant to subsection (H)(1) of this section. If no written objection is received at the Department of Community Development within ten (10) days of the date which notice is mailed, the determination of immateriality shall be conclusive and the minor modification shall be deemed approved. If, however, an objection is raised as to the Director's determination of immateriality, the proposed amendment shall be deemed to be a major modification subject to the provisions of subsection (H)(2) of this section.

(Ord. 681 § 2 (Exh. A), 2007; Ord. 626 § 2 (18), (21), (37), 1999; Ord. 579 § 6 (2), (15)(part), (16)—(23), 1992)

(Ord. No. 818, § 2, 11-18-24)

---

10353 - Administrative Permits#

A. General#

Projects, other than those which are explicitly exempt under the provisions of Section 10584(A), requiring the issuance of Administrative Permits or which are otherwise subject to the development review procedures prescribed in this section include the following:

1. Planned Developments#

Encompassing all projects, other than those specified in Section 10352(A)(1), which involve property situated within a PD Zone; and, projects involving the reconstruction, alteration or use of buildings located within the M-CR (Coastal-Related Industry) Zone situated seaward of the westerly prolongation of Port Hueneme Road;

2. Administrative Variances;#

3. Minor Use Permits.#

B. Application Submittal#

Applications for Administration Permits shall be filed, along with payment of all fees, with the Department of Community and Economic Development and shall include all of the required elements necessary to deem a formal application complete as contained in the documents kept on file with the Department of Community and Economic Development at the time of approval of this section and as amended from time to time.

C. Application Filing#

Upon receipt of the items listed in Section 10353(B), the Director of Community and Economic Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community and Economic Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information provided is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, notice shall be made and a meeting before the Director of Community and Economic Development shall be scheduled pursuant to Section 10353(D). In either case, a determination as to the application's completeness shall be made within thirty (30) days of its receipt or otherwise it shall be deemed to have been filed.

D. Review#

The Community and Economic Development Director shall render a decision on the project within twenty-one (21) days of the date the project application was deemed complete. A notice indicating the time and place at which the Director will consider the matter shall be given in the manner prescribed in Section 10352(F)(1)(b) no later than ten (10) days prior to the date of the meeting. At the time and place specified in the notice for consideration of the project, the Director shall permit all interested persons present to be heard. After hearing all such persons and considering all communications received, the Director may render a decision, continue the matter to a specific time and place, or decline to make a decision on the basis that the matter ought to be heard by the City Council. In the latter instance, the application shall be processed in the manner prescribed in Section 10352. Not more than thirty (30) days following the date of filing, the Director shall announce his/her findings and notify the applicant in writing of the same. The Director's findings shall be announced by way of formal resolution, which resolution shall be set forth in the same manner and shall serve the same purpose and effect as that of the resolution adopted by the City Council pursuant to Section 10352(F)(6). If no action is taken by the Director on the discretionary project within six (6) months of the date of filing pursuant to Section 10353(C), said project shall be deemed approved. Any Administrative Permit granted shall be in harmony with the general purposes and intent of this Article and shall not be injurious to the neighborhood or to the public welfare. Accordingly, the Director may approve, disapprove, or modify and approve the project on the same grounds that the City and Council may act upon a Development or Use Permit pursuant to Section 10352, attaching any reasonable conditions thereto. Action of the Director shall become final if no appeal is taken pursuant to Section 10353(E) within ten (10) days of the date of the mailing of the notice of the Director's decision pursuant to this section.

E. Appeals#

Upon receipt by the Director of Community and Economic Development of an appeal filed by any person aggrieved by a decision pursuant to Section 10353(D), the Director of Community and Economic Development shall promptly give written notice to the applicant and the appellant that an appeal has been taken and that the matter will be considered and heard by the City Council at a regular or adjourned regular meeting, the date of which shall be set forth in the notice, but in no event, to be more than thirty (30) days or less than ten (10) days after such notice is mailed to the applicant and appellant. A copy of this notice shall be circulated at the same time and manner as prescribed in Section 10352(F)(1). The City Council at the time of such hearing, shall consider all matters pertinent thereto and by its next meeting after such hearing, the City Council shall render its decision either upholding or reversing the action of the Director and/or modifying the Director's actions and conditions. Written notice thereof, unless waived by the applicant and/or appellant at the time of the hearing, shall promptly be mailed to the applicant and appellant by the Director of Community Development. The decision of the City Council shall be deemed final and conclusive.

F. Amendments#

Changes in either use, intensity, architectural character, nature, extent, or location of uses and/or improvements of an approved Administrative Permit shall be processed in accordance with the provisions of Section 10352(H).

G. City Council Reports#

All actions of the Director of Community and Economic Development taken under provisions of this section shall be reported to the City Council at a regular meeting following such actions.

(Ord. 626 § 2 (19), 1999; Ord. 611 § 1 (4), (5), 1996; Ord. 579 § 6 (2) (part), (15) (part), (24) (part), (25), (26), 1992)

(Ord. No. 818, § 2, 11-18-24; Ord. No. 823, § 2(Exh. A), 1-6-25)

---

10354 - Ministerial Permits#

A. General#

Projects requiring the issuance of Ministerial Permits or which are otherwise subject to the provisions of this Section include the following:

1. Master Sign Criteria;#

2. Parking and Landscape Development Plans;#

3. Fences;#

4. Signs;#

5. Garage Sales (maximum of two (2) days per year and occurring between 7:00 a.m. and 7:00 p.m.);#

6. Satellite Receiving and Transmitting Dishes, Dish or Spherical Antennas three (3) feet in diameter or larger, or antennas weighing more than seventy-five (75) pounds in residential zone districts where a Planned Development (PD) designation does not otherwise apply; and#

7. Flag Poles.#

B. Application Submittal#

Applications for Ministerial Permits shall be filed with the Department of Community Development and consist of the following information:

1. Application Cover Sheet#

One (1) original copy of information required to identify the applicant and project on forms prescribed by the Department of Community Development.

2. Development Plan#

One set of preliminary drawings consisting of plot plans, building elevations, and related exhibits drawn to a scale of not less than one-quarter (¼) inch equals one (1) foot (folded to a size of 8 ½″ × 14″ before submittal) as necessary and applicable to depict the location, architectural character, and dimensions of all proposed physical improvements.

C. City Approval#

Upon receipt of the items prescribed in Section 10354(B), the Director of Community Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information required is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, a decision by the Director of Community Development or his designated representative shall be made immediately thereafter as to whether or not the project complies with the applicable provisions of this Article. If no action is taken within thirty (30) days of the date of filing, the project shall be deemed to be approved. A Ministerial Permit as approved and issued by the Director of Community Development or his designated representative shall be observed and fulfilled in the development and/or use of the property involved subject to the limitations imposed in this Article or other applicable regulations of this code. The decision of the Director of Community Development or his designated representative made pursuant to this Section shall be deemed final and conclusive.

D. Applicability#

The provisions of this Section shall not apply to any component of a project for which either a Development or Administrative Permit is otherwise required by this Article. Such components, including, but not limited to, those projects listed in Section 10354(A), shall be processed as part of the project for which either a Development or Administrative Permit is issued pursuant to Sections 10352 and 10353, respectively.

(Ord. 579 § 6 (15) (part), (24) (part), 1992)

(Ord. No. 726, § 4, 7-18-16)

---

10355 - Temporary Uses#

A. Purpose#

The purpose of this section is to establish procedures and standards for the review and approval of Temporary Use Permits and Special Event Permits so as to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.

B. Exemptions#

The following uses are exempt from the provisions of this section:

1. Garage and yard sales, provided the sales only occur on parcels developed with residential uses, do not occur more than two (2) times per year, for no more than two (2) days per event§, and with approval of a Garage Sale (Ministerial) Permit from the Community Development Department.#

2. Group assemblies that occur completely indoors and within premises designed to accommodate such events (this does not apply to cannabis-related events).#

3. City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.#

C. Temporary Use Permits#

1. Uses Subject to a Temporary Use Permit#

a. Real estate offices and model homes within approved development projects;#

b. On- and off-site contractors' construction yards in conjunction with an approved development project;#

c. Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force;#

d. Pumpkin and Christmas tree sale lots;#

e. Emergency public health and safety needs;#

f. Sidewalk sales and displays, including food pantries, on private property;#

g. Food trucks (three (3) or fewer per event);#

h. Group assemblies of one hundred (100) persons or fewer§ and for no more than three (3) days per event§ (excluding set-up and take-down); and#

i. Similar temporary uses which, in the opinion of the Director of Community Development are compatible with the zone and surrounding uses.#

2. Development and Operational Standards per a Temporary Use Permit#

a. Real Estate Office and Model Homes#

1) Accessory Facility Only#

On-site temporary real estate offices or temporary model home complexes may be established only within the boundaries of a residential project for the limited purpose of conducting sales of new residences or residential parcels within the same residential development.

2) Allowed Locations#

In all residential zones.

3) Requirements#

A temporary real estate sales office or model home complex established or maintained in compliance with this subsection shall meet all of the following requirements:

i. An agreement and a cash deposit or surety bond in an amount sufficient to guarantee to the City the removal of the sales office or model home complex or the restoration of the premises in conformity with the approved Temporary Use Permit and with the applicable provisions of this Municipal Code within sixty (60) days after the last residence or parcel within the subject residential development has been sold and escrow closed shall be required.#

ii. Off-street parking shall be provided at the same ratio as required for offices in compliance with Section 10303.#

4) Duration#

Temporary real estate sales offices and temporary model home complexes may be maintained until all of the on-site parcels and/or residences in the residential development have been sold and the escrow closed.

b. On- and Off-Site Contractors' Construction Yards#

On- and off-site contractors' construction yards shall be operated only in conjunction with an approved Building Permit.

Section 10355 (continued)#

C. Temporary Uses (continued)#

c. Temporary Residence#

Temporary residences shall be limited to the property owner and only when a valid residential Building Permit is in force. The temporary residence shall be removed within thirty (30) days of completion of the construction project.§

d. Pumpkin and Christmas Tree Sale Lots#

1. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through December 31.§

2. Applicants for Pumpkin/Christmas tree sales shall provide adequate on-site parking and access without impeding any existing parking and/or accessibility requirements. A site plan shall be submitted to the Community and Economic Development Department for review and approval. Tents, signage, pennants, lighting, and other appurtenances shall be subject to all other permitting requirements (Building Permits, Ventura County Fire Department approvals, etc.).

e. Emergency Uses and Improvements#

Uses and improvements required in emergency situations where delays incident to normal permit processing pursuant to this Chapter would defeat or seriously impair the purposes of an applicant or endanger the public health, safety and welfare. Temporary clearance for emergency uses and improvements under this section shall be valid for a period not to exceed ninety (90) days§ beyond which such uses and improvements may remain only if proper application is made and approved in accordance with the provisions of this Chapter.

f. Sidewalk Sales and Displays#

Sidewalk sales and displays, including food pantries, in conjunction with a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious or service organization may be authorized for a duration of time not to exceed a total of ninety (90) calendar days in a twelve-month period. Such temporary events in conjunction with a primary use within a center shall occur immediately adjacent to the primary use's location. Such temporary use shall not impede required parking or handicap path of travel.

g. Food Truck Events#

Food truck events that qualify for a Temporary Use Permit shall consist of no more than three (3) food trucks at any one time on the same property occupied by the business/establishment hosting the temporary event, for no more than three (3) days per event, with no event occurring more than twice per year per location§ and under current permits by the Ventura County Resource Management Agency, Environmental Health Division. All other food truck events shall require a Special Event Permit per Section 10355(D).

h. Group Assembly#

A Temporary Use Permit shall be required for a group assembly not to exceed one hundred (100) persons nor continue for a duration exceeding three (3) days (excluding set-up and break-down) for a duration of time not to exceed a total of thirty (30) calendar days in a twelve-month period§, and which do not involve amplified sound or music. Exceptions to this include events previously approved by the City's Recreation and Community Services Division and the Community and Economic Development Department to occur in a City-owned park, except Hueneme Beach Park in which a Permit shall be required, and events held inside a facility designed to host such events (subject to occupancy requirements).

D. Special Event Permits#

1. Uses Subject to a Special Event Permit—Administrative Approval#

a. Food truck events (more than three (3) trucks); and

b. Certified Farmers Markets, subject to the following criteria:

1. Such use shall be limited to not more than a total of one hundred twenty (120) days in a calendar year.§

2. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Community and Economic Development Director.

3. Seventy-five (75) percent of the total farmers market sales area must be for the sale of farm products, such as fruits, vegetables, nuts, eggs, honey, livestock food products (meat, dairy products, etc.), flowers, and value added farm products such as baked goods, jams and jellies.

4. Farmers markets shall be certified and comply with the requirement of Chapter 10.5 Direct Marketing Requirements of Division 17 of the California Food and Agriculture Code.

5. All farmers markets shall have a market manager authorized to direct the operations of all vendors participating in the market on-site during hours of operation. Farmer market managers shall obtain and have on-site all operating and health permits during hours of operation.

6. Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the Community and Economic Development Director.

2. Uses Subject to a Special Event Permit—City Council Approval#

a. All temporary cannabis uses;

b. Group assemblies of more than one hundred (100) persons and/or for a duration of more than three (3) days (excluding set-up and break-down);

c. Group assemblies of any size for any duration which will include amplified sound or music;

d. Circuses, rodeos, carnivals, fairs, festivals and concerts when not held within premises designed to accommodate such events;

e. Any temporary use, which in the opinion of the Director of Community and Economic Development, requires City Council approval.

3. Development and Operational Standards for Special Event Permits#

Development and operational standards for Special Event Permits shall comply with the operational standards for Temporary Use Permit in accordance with Section 10355(C)(2), as well as any additional requirements as set forth in Section 10355(D). Further, if off-site parking is required, the applicant shall provide proof from the owners of the properties on which the parking will be required that the parking spaces to be used are not required parking spaces, or that the parking spaces used in conjunction with the special event will not be used during normal business hours. Additionally, the applicant shall provide a plan for shuttles or other means to ensure the safe passage of event attendees between the off-site parking spaces and the event and any other documentation (i.e., approvals if the off-site parking occurs outside the City's jurisdiction) to the satisfaction of the Community and Economic Development Director.

F. Prohibited Uses#

The following uses are prohibited.

1. Any use not allowed in the underlying zone.

2. Any food preparation activity, except for food vendors possessing a valid vendors' license or food trucks in conjunction with an approved larger-scale temporary use or special event.

3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, or vendors not possessing a valid vendors' license.

4. Any other temporary use determined to be a nuisance or which does not comply with the requirements of this Municipal Code (i.e., located in a required parking space).

G. Application and Permit Issuance#

1. General#

A Temporary Use or Special Event Permit shall be required prior to commencement of any uses listed in Section 10355(C) or (D), as applicable. All events associated with a Temporary Use or Special Event Permit shall operate in compliance with all of the conditions associated with the Temporary Use or Special Event Permit. A copy of the approved Temporary or Special Event Permit, along with the associated conditions, shall be in the possession of the person in charge during the event. Such copies shall immediately be presented to any City enforcement official upon request for examination.

2. Submittal Requirements#

a. A completed application form and detailed project description, and property owner's authorization shall be provided.

b. Flame resistance certificate and specifications for all tents/canopies, as applicable.

c. List of all vendors and type of service provided.

d. A site plan and any other relevant plans as determined necessary by the Department of Community and Economic Development to demonstrate the proposed event.

e. All applicable fees, including any cleanup and/or parking deposit.

3. Time to Submit#

a. Temporary Use Permit: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than ten (10) working days from the date of the beginning of the proposed use.

b. Special Event Permit—Administrative Approval: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than sixty (60) calendar days from the date of the beginning of the proposed use.

c. Special Event Permit—City Council Approval: A completed application form, submittal requirements and all fees shall be submitted to the Community and Economic Development Department not less than ninety (90) calendar days from the date of the beginning of the proposed use.

4. Review Procedures#

a. Temporary Use Permits and Special Event Permits—Administrative:

1. Action on Application. Upon receipt of a completed application and all related fees, the Community and Economic Development Director or his designee shall review and approve, modify, condition or deny the application. Note that review by outside agencies may be required.

2. Determination of applications for Special Event Permits—Administrative only, should the application be approved by the Director, the Director shall within two (2) days of the decision notify all owners of property abutting the subject site of the decision. If no written objection is received at the Department of Community and Economic Development within ten (10) days of the date which notice is mailed, the decision shall become final and the event may then occur on the approved date(s) and at the approved location. If however, an objection is raised as to the Director's approval of said application, the application shall be referred to the City Council for their review and consideration.

b. Special Event Permits requiring City Council approval:

1. Action on Application. Upon receipt of a completed application and all related fees, the City Council shall review and approve, modify, condition or deny the application at a duly noticed public hearing.

2. Decision. The decision of the City Council shall be deemed final.

H. Findings for Approval#

The application may be approved or conditionally approved upon the making of the following findings:

1. The proposed use is consistent with the goals and policies of the General Plan.

2. The proposed use is consistent with the purpose of the applicable Zoning district.

3. The proposed use is listed as a use or clearly implied to be a use that is subject to a Temporary Use or Special Event Permit in the applicable Zoning district.

4. The proposed use meets the minimum requirements of this Code applicable to the use and complies with all other applicable laws, ordinances, and regulations of City and the State of California.

5. The proposed use will not be materially detrimental to the health, safety, or welfare of the public or to property and residents in the vicinity.

6. The proposed use is suitable for the site and is compatible with neighboring uses.

I. Terms and Conditions#

Terms and conditions for approval of a Temporary Use or Special Event Permit are as follows:

1. Imposition of Conditions. Any Temporary Use or Special Event Permit granted may include such terms and conditions as deemed necessary or appropriate by the Community and Economic Development Director to effect the purpose of this Code. If no additional terms or conditions are specified, the Temporary Use or Special Event Permit shall be considered unconditional and valid for the period set forth in Section 10355(H).

2. Time Limits and Commencement of Development. The development for which the Temporary Use or Special Event Permit has been granted pursuant to this Chapter shall be valid only for the timeframe identified in the Temporary Use or Special Event Permit.

3. Condition of Site Following Temporary Use. Each site occupied by a temporary user shall be left free of debris, litter, or any other evidence of the temporary use upon the completion or removal of the use, and shall thereafter be uses, pursuant to the provisions of this Municipal Code.

J. Revocation and Modifications#

Any Temporary Use Permit or Special Event Permit issued pursuant to this section may be revoked or modified pursuant to Section 10357(E) of this Code.

(Ord. 626 § 2 (17), 1999; Ord. 579 § 6 (2) (part), (15) (part), (24) (part), 1992)

(Ord. No. 823, § 2(Exh. A), 1-6-25)

---

10356 - Coastal Development#

A. General#

The purpose of this Section is to comply with and implement applicable regulations adopted pursuant to Section 30620.6 and Section 30333 of the California Public Resources Code. Only properties within the Coastal Zone of the City, as defined by California Public Resources Code Section 30103, are subject to the provisions of this Section as well as all other provisions of this Article. The boundaries of the Coastal Zone and areas within which the California Coastal Commission retains original permit and appeal jurisdiction pursuant to this Section are set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map as established and adopted by the Coastal Commission and all notations, references and other information shown on said Map shall be as much a part of this Article as if the matters and information set forth on said Map were fully described herein.

B. Definitions#

As used in this Section, unless the context otherwise indicates, the following definitions shall apply:

1. Appealable Developments#

Coastal developments constituting any of the following:

a. Projects, consisting of those defined in Sections 10355(A)(1), (2), (3), 10356(B)(5)(a) and 10356(B)(5)(e), involving property located in an area within which the Coastal Commission retains appeal jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A); or

b. Public works projects or energy facilities, as defined in Sections 10356(B)(5)(c) and 10356(B)(5)(d), respectively, involving property located anywhere within the Coastal Zone but which is outside an area wherein the Coastal Commission retains original permit jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A).

2. Categorical Exclusions#

Projects which are exempt from the Development Review requirements of this Chapter by operation of California Public Resources Code Sections 30610(e) and 30610.5.

3. Coastal Commission#

California Coastal Commission.

4. Coastal Development#

Development, as defined by Section 10356(B)(5) but not including categorical exclusions, involving property located anywhere within the Coastal Zone.

5. Development#

Projects constituting any of the following:

a. A project approved by the City pursuant to provisions of Section 10352 or Section 10353, not including minor modifications to Development or Administrative Permits;

b. A project defined as a categorical exclusion by operation of Section 10356(B)(2);

c. A public works project, as defined by California Public Resources Code Section 30114, which exceeds $100,000 in estimated cost of construction and does not otherwise meet the criteria specified in Sections 30610, 30610.5, 30611, or 30624 of the California Public Resources Code;

d. An energy facility, as defined by California Public Resources Code Section 30107, which exceeds $100,000 in estimated cost of construction; or

e. A subdivision, lot split or other division of land approved by the City pursuant to the California Subdivision Map Act (commencing with Section 66410 of the Government Code).

6. First Public Road Paralleling the Sea#

That road nearest to the sea, as defined in

Section 10356 - Coastal Development Permit Requirements (Continued)#

B. Definitions (Continued)#

6. Public Road#

A public road is a road that meets all of the following criteria:

a. Is lawfully open to uninterrupted public use and is suitable for such use;

b. Is publicly maintained;

c. Is an improved, all-weather road open to motor vehicle traffic in at least one direction;

d. Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and

e. Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the water of the sea to extend landward of the generally continuous coastline.

7. Non-Appealable Developments#

Coastal developments constituting any of the following:

a. Projects, consisting of those defined in Sections 10356(B)(5)(a) and 10356(B)(5)(e), involving property located anywhere within the Coastal Zone but which is outside of an area within which the Coastal Commission retains appeal jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A); or

b. Public works projects or energy facilities, as defined by California Public Resources Code Sections 30114 and 30107, respectively, not exceeding $100,000 in estimated cost of construction which do not otherwise meet criteria specified in Sections 30610, 30610.5, 30611, or 30624 of the California Public Resources Code, and which involve property located anywhere within the Coastal Zone but outside of an area wherein the Coastal Commission retains original permit jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A).

C. Development Review Procedures#

The provisions of this Section and appeal provisions of Section 10356(D) are applicable to all coastal developments except those which involve property located in an area within which the Coastal Commission retains original permit jurisdiction as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A).

1. Project Determinations#

Determinations as to whether a coastal development constitutes an appealable development, non-appealable development or categorical exclusion shall be made as follows:

a. For coastal developments originated or initiated by the City or other governmental entity, determinations shall be made by the City at the earliest possible date on or after the date of project inception, but in no event later than:

1) The time at which application for such development is made and accepted by the City for filing; or

2) Where no formal application is required, no later than the time at which an irrevocable commitment of funds is made relative to such development.

b. If a City determination is challenged by an applicant or interested person, or if the City chooses to have a Coastal Commission determination as to the appropriate designation, such disputes or questions shall be referred to the Coastal Commission for resolution in accordance with lawful regulations adopted pursuant to California Public Resources Code Section 30620.6 and Section 30333.

2. Notice Requirements#

Notice for coastal developments shall be given by the Department of Community Development in the following manner:

a. Procedure.

1) Appealable Developments. For appealable developments which require public hearing under any Article of this code, such hearing shall be noticed and conducted in accordance with applicable Municipal Code provisions; provided, however, that at a minimum, notice by first class mail is given to those persons listed in Section 10356(C)(2)(b) not less than ten (10) days prior to the date of each such hearing, which notice, at a minimum, shall contain that information specified in Section 10356(C)(2)(c)(1). For appealable developments which do not require public hearing under any Article of this code, such developments shall be deliberated and acted upon by the Council following the conduct of a minimum of one (1) public hearing pursuant thereto and adoption of written findings required by Section 10357(A); provided, further, that such public hearing shall be preceded by written notice given by first-class mail to those persons listed in Section 10356(C)(2)(b) not less than seven (7) days prior to the date on which the first public hearing is scheduled, which notice, at a minimum shall contain the information specified in Section 10356(C)(2)(c)(1). If a decision on an appealable development is not made on the date so noticed and the matter is continued to a time which is neither previously stated in the required notice nor announced at the notice time as being continued to a time certain, then a new notice shall be given in the same manner and within the same time frame as specified for the original notice as required herein.

2) Non-Appealable Developments. For non-appealable developments which require public hearing under any Article of this code, such hearings shall be noticed and conducted in accordance with applicable Municipal Code provisions; provided, however, that at a minimum, notice by first class mail be given to those persons listed in Section 10356(C)(2)(b) not less than ten (10) days prior to the date of each such hearing, which notice, at a minimum, shall contain that information specified in Section 10356(C)(2)(c)(1). For non-appealable developments which do not require public hearing under any Article of this code, such developments shall be deliberated and acted upon in accordance with applicable Municipal Code provisions; provided, however, that at a minimum, notice by first class mail is given to those persons listed in Section 10356(C)(2)(b) not less than ten (10) days prior to the date a decision is scheduled to be made on each such development, which notice, at a minimum, shall contain that information specified in Section 10356(C)(2)(c)(2). If a decision on a non-appealable development is not made on the date so noticed and the matter is continued to a time which is neither previously stated in the required notice nor announced at the noticed time as being continued to a time certain, then a new notice shall be given in the same manner and within the same time frame as specified for the original notice as required herein.

3) Categorical Exclusions. Categorical exclusions shall be exempt from the notice requirements of this Section. Records for all permits issued for categorically excluded development shall be maintained by the Department of Community Development pursuant to the provisions of this code and shall be made available to the Coastal Commission or any interested person upon request. All permit records for categorically excluded developments shall, at a minimum, contain the applicant's name and description of the nature and location of the project.

b. Distribution List. For all appealable and non-appealable developments, notice required pursuant to Section 10356(C)(2)(a) shall be given to the following persons:

1) Each applicant;

2) All persons who have requested to be on the mailing list for each particular project or for all decisions concerning projects within the Coastal Zone;

3) All property owners and residents within one-hundred (100) feet of the perimeter of the parcel upon which each project is proposed§; provided, however, that in the event the number of persons to whom which notice would be sent is greater than one-thousand (1,000), notice in lieu thereof may be given by publishing a display advertisement of at least one-eighth (⅛) page in a newspaper having general circulation within such area, or, in lieu of a display advertisement, a notice may be inserted with any generalized mailing sent by the City to property owners and residents within the area affected by the project such as a billing for City services; and

4) Coastal Commission.

c. Notice Contents.

1) Public Hearing Required. For appealable and non-appealable developments which require public hearing under any Article of this code, notice of public hearing required pursuant to Section 10356(C)(2)(a) shall, at a minimum, contain the following information:

a) A statement that the project is within the Coastal Zone;

b) The date of filing of the application and the name of the applicant;

c) The number assigned to the application;

d) A description of the project and its proposed location;

e) The date, time and place at which the application will be heard by the City;

f) A brief description of the general procedure of the City concerning the conduct of the hearing and local actions related thereto; and

g) The system for City and Coastal Commission appeals, including any filing fees required.

2) No Public Hearing Required. For non-appealable developments which do not require public hearing by any Article of this code, notice of decisions concerning the same as required pursuant to Section 10356(C)(2)(a) shall, at a minimum, contain the following information:

a) A statement that the project is within the Coastal Zone;

b) The date of filing of the application and name of the applicant;

c) The number assigned to the application;

d) A description of the project and its proposed location;

e) The date the application will be acted upon by the City;

f) The general procedure of the City concerning the submission of public comments either in writing or orally prior to a decision being rendered on the matter; and

g) A statement that a public comment period, of sufficient time to allow for the submission of comments by mail, will be held prior to the decision being made.

3. City Action#

a. Finality. A City decision on a coastal development shall be deemed final when the City's decision on such development has been made and, for appealable and non-appealable developments, the following has been satisfied:

1. Findings.

a) Local Compliance. Where stipulated under applicable provisions of this code or as required by operation of law, written findings are made and adopted in conjunction with the City's decision.

b) Coastal Act Conformity. Specific factual findings are made in conjunction with the City's decision concerning the development's conformance with the City's certified Local Coastal Program and, where applicable, the public access and recreation policies of Chapter 3 of the California Coastal Act of 1976.

2) Fulfillment. All rights of appeal, as provided under applicable provisions of this code, have been exhausted.

b. Notification. Within seven (7) days of a final City decision on an appealable or non-appealable development, the City shall give written notice of its action by first class mail to the Coastal Commission and to any person who has so requested, which notice, at a minimum, shall contain the conditions of approval and required findings and specify the procedures for appeal of the City's decision to the Coastal Commission. If the City has failed to act on an application for an appealable or non-appealable development within the time limits set forth in Section 65950 through 65957.1 of the California Government Code, the person claiming a right to proceed pursuant to such Sections shall give written notice to the City and the Coastal Commission of his or her claim that the project, as identified in the notice, has been approved by operation of law. When the City determines that the time limits established pursuant to California Government Code Section 65950 through 65957.1 have expired, the City shall, within seven (7) days of its determination, give written notice to the Coastal Commission and to any person who has requested, that the City has taken final action by operation of law and that the project may be appealed to the Coastal Commission pursuant to Section 13100 et seq. of the California Administrative Code.

D. Coastal Commission Appeals#

Appeals to the Coastal Commission are limited solely to City decisions on appealable developments subject to the following provisions:

1. Effectuation of City Actions#

Unless an appeal is filed with the Coastal Commission pursuant to the provisions of California Public Resources Code Section 30603(a)(1) or the City has failed to comply with the notification provisions of Section 10356(C)(3)(b), the effective date of a City decision on an appealable development shall be the later of:

a. Ten (10) working days following the date of receipt by the Coastal Commission of the notice required pursuant to Section 10356(C)(3)(b); or

b. Twenty-one (21) days following the date of final City action.§

2. Appeal Periods#

Appeal periods, for the purpose of Section 10356(D)(1), shall commence upon the Coastal Commission's receipt of the City's notice of final action given pursuant to Section 10356(C)(3)(b) and shall terminate ten (10) working days thereafter. Where the notice provisions of Section 10356(C)(3)(b) have not been lawfully satisfied, appeal periods and effective dates of City decisions on appealable developments shall be established by the Coastal Commission.

3. Eligible Appellants#

An appellant for the purpose of Section 10356(D)(1) and 10356(D)(2), may include any applicant, aggrieved person or any two (2) members of the Coastal Commission; provided, however, that an applicant or an aggrieved person must first have exhausted all rights of local appeal as provided under applicable provisions of this code; provided, further, that the requirements for exhaustion of all rights of local appeal shall not apply if any of the following occur:

a. No appeal provisions exist under this code for the project in dispute; or

b. The City charges a fee for the filing or processing of appeals.

E. Public Access Easements#

Except as excluded by the provisions of California Public Resources Code Section 30212, all coastal development situated between the ocean and first public road paralleling the sea shall be subject to the public access requirements prescribed in this Section.

1. Mandatory Dedications#

As a condition requisite to project approval, easements shall be granted through the property upon which the coastal development is proposed to allow both vertical public access to the mean high tide line and lateral public access along the shore line.§ This requirement shall not apply in those circumstances wherein the configuration of property is such as to preclude adequate access corridors without adversely affecting the privacy of the property owner; provided, however, in no case shall development interfere with the public right of access to the sea where acquired through use unless an equivalent access to the same beach area is guaranteed. In areas where coastal bluffs exceed five (5) feet in height, the lateral easement shall include all beach seaward of the base of the bluff. In areas where the coastal bluffs are less than five (5) feet, the area of the easement to be granted shall be determined by the City based on findings reflecting historic use, existing and future public recreational needs, and coastal resource protection.§ At a minimum, the lateral easement shall be adequate to allow for lateral access during periods of high tide. In no case shall the lateral easement be required to be closer than ten (10) feet to a residential structure.§ In addition, all fences, no trespassing signs, and other such similar obstructions that may limit public lateral or vertical access shall be removed as a condition of project approval.§

2. Coastal Commission Review#

In accordance with the procedures prescribed below, the executive director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development for public access easements:

a. Document Submission. Upon satisfying the provisions of Section 10356(C)(3)(a) and 10356(D)(1) with respect to the finality and effectuation of a City decision on a coastal development, and prior to the City's issuance of development permits related thereto, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Coastal Commission for review and approval of the legal adequacy and consistency with requirements of potential accepting agencies.

b. Easement Review. The executive director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents prescribed in Section 10356(E)(2)(a) in which to complete the review and notify the applicant of recommended revisions, if any. If the executive director has recommended revisions to the applicant, requisite development permits shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director.

c. Permit Issuance. The City may issue requisite development permits upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the City within that time period.

F. Developments Subject to Coastal Commission Approval#

Nothing herein shall be construed as to limit or extend the Coastal Commission's jurisdiction with regard to coastal developments which are located in an area within which the Coastal Commission retains original permit jurisdiction. All such coastal developments either initiated or approved by the City shall be conditioned so as to require Coastal Commission approval prior to commencement of use or construction. Where building permits are required, no such permit shall be issued without evidence of Coastal Commission approval.

(Ord. 626 § 4 (2), 1999; Ord. 579 § 6 (15) (part), (27), 1992)

---

Section 10357 - Implementation#

A. LCP Land Use Plan Consistency#

All coastal developments must, as a prerequisite of approval, be consistent with all of the development policies of the City's Local Coastal Program Land Use Plan, which consistency shall be set forth in writing and incorporated with the findings promulgated by the City in connection with all decisions concerning such developments.§

B. Construction Costs#

On the anniversary date of adoption of this Chapter and annually thereafter, the values of construction referenced in Sections 10352(H)(2)(e), 10356(B)(5) and 10356(B)(6) shall automatically be adjusted in accordance with the Engineering News Record Construction Cost Index applicable to the City as published by the United States Department of Labor.

C. Hazardous Waste Management Plan#

All development, administrative, ministerial and special use permits granted under this Chapter, as well as all subdivision approvals granted under Chapter 4, Part L, Section 10600 shall be consistent with the siting and design criteria for hazardous waste and materials handling facilities as set forth in the Ventura County and Incorporated Cities Hazardous Waste Management Plan as amended.§ Actual identification of specific sites utilizing the siting and design criteria shall require amendment to the certified Local Coastal Program to identify new or compatible land use and zoning categories and development standards. Said consistency shall be set forth in writing and incorporated with the findings promulgated by the City in connection with all discretionary decisions rendered under Chapter 4, Part L, Section 10600.

D. Enforcement#

Failure to comply with the terms and conditions of permits issued and decisions rendered under the provisions of this Chapter shall constitute violation of this Article in which case the provisions of Article X, Chapter 1, Part C shall apply.

E. Permit Revocation#

Any development, administrative, ministerial, or special use permit granted under this Chapter may be revoked if it is found that it is not being used in accordance with its terms or there has been a willful inclusion of inaccurate, erroneous or incomplete information in connection with the permit application, where the City finds that accurate and complete information would have caused the City to require additional or different conditions on a permit or deny an application.§ Revocation of either a Development or Administrative Permit shall be subject to public hearing before the Planning Commission pursuant to Section 10352(F).

F. Fee Schedule#

The Council, upon recommendation of the Planning Commission, shall from time to time establish fees for all reasonable costs incurred in conjunction with the administration of this Chapter.

(Ord. 583 § 1 (5), 1992; Ord. 574 § 6 (2) (part), (28), 1992)