10200 - Purpose.#

The purpose of this Chapter is to specify use regulations which apply throughout this Article.

10201 - Permitted uses.#

A. General.#

No building shall be erected and no existing building shall be moved, reconstructed, structurally altered, added to or enlarged, nor shall any land, building, or premises be used, designed or intended to be used for any purpose other than a use permitted in the zone in which such land, buildings or premises are located.

B. Restricted Uses.#

Each zone hereinafter established is mutually exclusive as to the uses of land and buildings permitted in each such zone. The designation of a use or building in a particular zone shall prohibit such use or building in all other zones unless otherwise specified in this Article.

C. Interpretations.#

Judgments as to the application or interpretation of this Article shall be made by Resolution of the City Council when such judgments are made necessary by virtue of circumstances for which the procedures and requirements specified herein are unclear or otherwise create hardships inconsistent with the purpose and objectives served by this Article. Included herein shall be interpretations as to the appropriate zones within which unspecified uses may be permitted, judgments of which shall be based upon comparable uses and specified purposes of corresponding districts. All judgments rendered pursuant to this Section 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.

(Ord. 579 § 6 (2 (part)), (8), 1992)

10202 - Nonconforming provisions.#

A. General.#

The purpose of this section is to provide for regulation and eventual elimination of uses and structures not in compliance with the requirements of the zone in which they are located. It is hereby declared that the nonconforming use of land and structures is detrimental to the public health, safety, convenience and general welfare of persons and property within the City. It is further declared, that it is the policy of the City that such nonconforming uses shall be eliminated as rapidly as may be done without infringing upon the constitutional rights of the property owners of such nonconforming uses. The continuation of nonconforming uses as provided herein is intended to prevent economic hardship and to allow the useful economic value of structures to be consumed or realized within specified time periods. Nonconforming uses are declared to be illegal and prohibited after determination dates as set forth herein.

B. Nonconforming Buildings.#

1. Continuation.#

A nonconforming building may be continued for the period specified herein, provided no additions or enlargements are made thereto except those required by law or ordinance, or as approved under a variance procedure pursuant to Section 10005(C).

2. Restoration.#

Subject to all other regulations of this Section, a building destroyed to the extent of no more than seventy-five percent (75%) of its reasonable value by fire, explosion or other casualty, act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction, may be continued for the period specified herein; provided, however, that restoration must be undertaken within ninety (90) days of such destruction.

C. Nonconforming Uses.#

1. Abandonment.#

If a nonconforming use existing at the time this Article became effective is subsequently abandoned, any future use shall be in conformance with the provisions of this Article. For the purpose of this Section, the term "abandoned" shall mean a discontinuation in use for a period of ninety (90) days or more.

2. Intensity.#

Any nonconforming use of a conforming or nonconforming building may be maintained and continued provided there is no increase or enlargement of the area, space, or volume occupied or devoted to such nonconforming use, and provided, further, that there is no increase in the intensity of such nonconforming use except as otherwise provided in this Article. Increase in intensity of use as used herein shall include, but not be limited to, an increase in the number of persons, animals or machines present at, doing business with, or visiting a nonconforming use.

3. Non-Residential Uses.#

No permit shall be issued by the Building Official or any other officer, agent or employee of the City for the erection, construction, reconstruction, moving, conversion, alteration of, addition to or occupancy of any new or existing building or structure which is to be used as a nonresidential building in any residential zone in the City unless otherwise provided under this Article.

D. Nonconforming Lots.#

1. Permitted Uses.#

Except as otherwise provided in Section 10202(D)(3) of this chapter, the use of land as permitted in the underlying zone shall be allowed on a lot or parcel or a combination of contiguous lots or parcels of nonconforming size; provided, however, that such property complies, in all respects, with the lot area development standards of the underlying zone. Whenever use of land is permitted pursuant to this Section, no variance need be obtained under the procedure specified in Section 10005 unless the proposed use or improvement of such property requires a reduction in any development standard applicable to such property including, but not limited to, yard areas, building setbacks and off street parking.

2. Lot Splits.#

Notwithstanding any other provision of this Article, no building permit shall be issued for any lot or parcel which results from the sale of part of a lot or parcel or any other type of lot split wherein any one of the resulting lots or parcels does not meet the zoning requirements which apply to the land at the time unless, prior to sale or split, a variance is granted pursuant to Section 10005 of this Article.

3. Compulsory Parcel Mergers.#

All lots and parcels of nonconforming size to the development standards prescribed in the underlying zone within such lots or parcels are located and which meet the criteria prescribed in Section 10202(D)(3)(a) and (b) below, shall be deemed merged under operative statutes of the California Government Code commencing with Section 66451.10 thereof. Upon such merger, no affected lot or parcel shall be improved or subdivided except in strict compliance with all of the subdivision and development standards of the underlying zone within which such property is located.

a. Applicability.#

This Section 10202(D)(3) shall only apply to nonconforming lots and parcels wherein the following criteria is satisfied:

1)#

All lots and parcels are contiguous to one another and are held by the same owner as of the date a notice of intention to determine status is filed with the recorder of the County of Ventura pursuant to Section 10202(D)(3)(b)(1) below.

2)#

At least one of the affected lots or parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot or parcel.

3)#

With respect to any affected lot or parcel, either or both of the following conditions exists:

a)#

Comprises less than 5,000 square feet in area at the time of the determination of merger.

b)#

Was not created in compliance with the applicable laws and ordinance in effect at the time of its creation.

b. Merger Procedures.#

A merger of lots and parcels under this Section 10202(D)(3) shall become effective only when a notice of merger is filed with the recorder of the County of Ventura specifying the names of the record owners together with a legal description of the real property. Such notice shall only be filed upon order of the City Council upon satisfying the following requirements:

1) Notice of Intention.#

Prior to recording a notice or merger, the Planning Agency shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected lots or parcels may be merged pursuant to the Section 10202(D)(3), and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County of Ventura on the date that notice is mailed to the property owner.

2) Request for Hearing.#

At any time within thirty (30) days after recording the notice of intention to determine status pursuant to Section 10202(D)(3)(b)(1) above, the owner of the affected property may file with the City Clerk a request for a hearing on determination of status.

3) Scheduling of Hearing.#

Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 10202(D)(3)(b)(2) above, a public hearing shall be scheduled, noticed and conducted within the time and manner prescribed in Section 10352(F) of this Article. The hearing shall be conducted not more than sixty (60) days following the City Clerk's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the City Council and the property owner.

4) Conduct of Hearing.#

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this Section 10202(D)(3). At the conclusion of the hearing, the City Council shall make a determination that the affected lots or parcels are to be merged or are not to be merged and shall so notify the owner of its determination. The City Council's decision shall be deemed final and conclusive. If the City Council so decides, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 10202(D)(3)(a) above. As stipulated in Section 10202(D)(3)(b) above, a determination of merger shall be recorded within thirty (30) days after conclusion of the City Council hearing.

5) Non Protest.#

If, within the thirty (30) day period specified in Section 10202(D)(3)(b)(2) above, the owner does not file a request for a hearing in accordance with Section 10202(D)(3)(b)(4), the City Council may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 10202(D)(3)(b) no later than ninety (90) days following the mailing of notice required by Section 10202(D)(3)(b)(3).

6) Non Merger Decision.#

If, in accordance with Sections 10202(D)(3)(b)(4) or 10202(D)(3)(b)(5), the City Council determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 10202(D)(3)(b) a release of the notice of intention to determine status, recorded pursuant to Section 10202(D)(3)(b)(1), and shall mail a clearance letter to the then current owner of record.

4. Improvements.#

Except as may be regulated elsewhere in this Article nonconforming improvements to a lot shall be governed by the same provisions as applies to buildings and structures under Section 10202(B).

E. Terminations.#

1. Amortized Schedule.#

Every nonconforming use or structure shall be completely removed or altered to conform to the regulations of this Article within the following specified periods of time:

Category	Time Period
a. Nonconforming uses must discontinue when such uses are either abandoned or changed in use or intensity of use from the date they became nonconforming except as otherwise provided in this Article	—
b. Structures for which a building permit is not required shall cease	3 years
c. Structures which contain less than one hundred (100) square feet shall cease	3 years
d. Outdoor advertising structures shall cease	3 years
e. All other structures may remain so long as they are not restored or rebuilt to an extent of more than seventy-five (75) percent of their reasonable value or so long as they do not pose a public nuisance; provided, however, they may not be added to or enlarged upon except as required by law or ordinance, or as approved under a variance procedure pursuant to Section 10005(C)	—

2. Reference Points.#

The time periods specified in Subsection 10202(E)(1) shall be measured as follows:

Category	Measurement Point
a. For nonconforming structures or uses which were in conformity immediately prior to the effective date of this Article	From the effective date of this Article
b. For structures or uses which hereinafter become nonconforming due to any zone change or other amendment to this Article	From the effective date of such zone change or amendment
c. For structures or uses which first became nonconforming by the provisions of any prior City or County ordinance	From the date such structures or uses first became nonconforming

3. Removal.#

Nonconforming structures and uses are hereby declared to be a public nuisance when they remain beyond the time periods specified herein. Their removal shall be accomplished under the procedures specified in Article III, Chapter 4, Part A.

(Ord. 579 § 6 (2), (9), (10), 1992)

10203 - Architectural features.#

A. Fire Escapes.#

Fire escapes may extend or project into any required front, side or rear yard not more than four (4) feet§; provided, however, that such extensions shall not be closer than three (3) feet to any property line§.

B. Open Stairways and Balconies.#

Open, unenclosed stairways, or balconies not covered by roof or canopy may extend or project into a required rear yard not more than four (4) feet§ nor into a required front yard by more than thirty (30) inches§; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

C. Uncovered Porches, Platforms and Landings.#

Uncovered porches, platforms, or landing places which do not extend above the level of the first floor of the building, may extend into any required front, side or rear yard not more than six (6) feet; provided, however, that such extensions shall not be closer than three (3) feet to any property line; provided, further, that an open work railing, not more than thirty (30) inches in height may be installed§ or constructed on any such porch, platform or landing place.

D. Porch Covers and Awnings.#

Porch covers and awnings which are unenclosed on three (3) or more sides except for necessary supporting columns and reasonable architectural features and which do not extend above the eave lines of the principle structure from which they are attached, may be erected within required side and rear yards up to a distance of not less than three (3) feet from any property line§. Covered patios which are enclosed on three (3) or more sides and attached to the principle structure shall be considered to be a part of that structure for the purpose of computing setback requirements. Unenclosed porch covers and awnings may occupy not more than twenty-five (25) percent of the required or existing rear yard area§.

E. Walls, Fences and Hedges.#

1. Standards.#

Open work fences, guard railings for safety protection purposes and open work architectural features may be located in the required front yard area, provided the height does not exceed three and one-half (3-½) feet above the curb elevation at the front property line and provided further that safe sight distance of street traffic is not impaired. Walls, solid fences and boundary hedges shall not exceed a height of two and one-half (2-½) feet above the curb elevation at the front property line§. A solid fence or wall not more than six (6) feet in height, or a hedge maintained so as not to exceed six (6) feet in height, may be located along the side or rear lot lines§, provided such fence, wall or hedge does not extend into the required front yard. Where the difference in average elevation between adjacent lots is in excess of six (6) inches, the maximum height of the wall may be measured from the higher of the two adjacent lots. The foregoing provisions shall not be construed as to limit the height of retaining walls, except that front yard retaining walls shall not be more than eighteen (18) inches higher than the soil retained§ and shall not impair safe sight distance of street traffic. No fence or wall shall be constructed of sheet metal or fiber glass panels nor shall any fence or wall be improved with barbed wire, concertina wire, or any other similar material of a hazardous nature which is visible from any public right-of-way.§

2. Ministerial Permit Required.#

No fence shall be hereafter erected or structurally altered without a Ministerial Permit having first been issued therefor by the City pursuant to Section 10354, unless said fence is provided for in other provisions in this Article.

F. [Reserved.]#

G. Underground Utilities.#

Except as provided for herein, all utility facilities, including, but not limited to, electrical lines, communication lines, cable television lines, street lighting power supply lines and appurtenances thereto shall be placed underground. Except as the parties may otherwise agree, CATV shall be provided the reasonable opportunity to utilize and jointly occupy for the same purpose any trench provided in any project for a utility for the purpose of connecting the utility to service the development. Except as provided herein, all utility facilities including service laterals to individual lots shall be installed in the ground prior to the paving of streets. The City Engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of street improvements or if unusual circumstances warrant. Certain utility appurtenances such as, but not limited to, transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot, without undue expense, be placed underground, may be placed on the surface of the ground. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed subdivision utility system pursuant to this Section. At the time of approval of the tentative map for the proposed subdivision pursuant to

Article IX#

Section 10203 (continued)#

H. Accessory Buildings#

1. No accessory buildings in the R-1, R-2, or R-3 zones may exceed one (1) story or fifteen (15) feet in height.

2. An accessory building may occupy not more than twenty-five (25) percent of a required rear yard; provided, however, that no accessory building may be constructed closer than five (5) feet from any property line.

3. Accessory buildings, excluding garages, shall not have a total aggregate floor area in excess of five hundred (500) square feet. In situations where the rear yards abut a public street, metal structures intended for storage of tools and other household items shall be located ten (10) feet from all rear rights-of-way.

I. Porte Cochere#

A porte cochere may be placed over a driveway in a side yard, provided such structure is not more than one (1) story in height, is unenclosed on at least three sides except for necessary supporting columns and reasonable architectural features and is situated not closer than three (3) feet from the side property line.

J. Roof Structures#

Architectural features, eaves, cornices, canopies, belt courses, sills, buttresses, or other similar roof structures may extend or project into required front, side and rear yards not more than three (3) feet§; provided, however, that such extensions shall not be closer than three (3) feet to any property line.

K. Antennas#

No antenna, as defined in Section 10028 of this Article, shall be hereafter erected or structurally altered unless provided for in the manner below:

1. General Provisions#

a. Roof Mounting. Roof-mounted mast, pole or rod antennas whose purpose is to receive or broadcast UHF, VHF and/or FM, or other signals from other communication systems, where the boom or any active element of the antenna's array is longer than fifteen (15) feet, are prohibited in all residential zone districts unless otherwise provided for in Section 10203(K) 2(a)(1). Roof-mounted satellite antennas shall be strictly prohibited in all residential zone districts unless otherwise provided for in Section 10203(K) 2(a)(1).§ Roof-mounted steel lattice or skeletal type antennas of any kind shall be strictly prohibited in all residential districts.§

b. Code Compliance. All satellite antennas shall be erected in a secure and wind resistant manner in conformance with applicable City Building Regulations, and shall be of noncombustible and corrosion-resistant material.

c. Qualification of Property. Not more than three (3) antennas shall be allowed on a single residential parcel of record§; provided further, no more than two (2) antennas, not exceeding seventy-five (75) pounds each, may be mounted on a single roof§.

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

1. Screened from Public View. Substantially concealed to the maximum extent feasible and legally permissible utilizing any combination of landscaping, fencing or other appropriate and suitable means in conformance with applicable development standards prescribed for the zone district within which the affected property is situated. Antennas which direct attention to a business, commodity, service, industry, or other activity which is sold, offered or conducted on the premises upon which antenna is located, or affixed to, shall be strictly prohibited in all zones. In residential districts where a Planned Development (PD) does not otherwise apply, antennas shall be deemed 'screened from public view' if the rear yards, wherein said antennas are situated, are enclosed by a solid fence not less than six (6) feet in height.

2. Removed from Public View. Located the furthest distance away from all public property or rights-of-way to the maximum extent feasible and legally permissible in conformance with applicable development standards prescribed for the zone district within which the affected property is situated.

e. Non-conforming Provisions. All antennas which are nonconforming with the provisions of Section 10203(K) shall be subject to the provisions of Section 10202(E).

2. Locational Criteria#

a. Residential Zones. In residential zone districts where a Planned Development (PD) designation does not otherwise apply, satellite antennas, dish or spherical antennas three (3) feet in diameter or larger, or any system of booms, poles, rods, masts, wires, reflecting discs or configuration with appurtenant equipment which exceed seventy-five (75) pounds each may only be placed in a rear yard removed and screened from public view, as accessory structures subject to the limitations prescribed therefore in Section 10203(H) of this Chapter. No portion of an antenna or array shall be located in a front or side yard or extend beyond any property lines. Guy wires shall not be anchored within any front or side yard area, but may be attached to the building. In residential zone districts where a Planned Development (PD) designation applies, satellite antennas shall incorporate earth tone or background colors which blend with adjacent structures and surroundings and may only be placed in locations removed and screened from public view subject to specification and approval by the City. Dish or spherical antennas three (3) feet in diameter, or any system of booms, poles, rods, masts, wires, reflecting discs or configuration with appurtenant equipment including supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public/private streets.

1. Exceptions. Where an applicant can demonstrate that compliance with the provisions of this Chapter would result in the obstruction of a satellite antenna's reception window or other delivery of programming via microwave television (SMATV) or direct wave traveling by line of sight for UHF, VHF and/or FM pursuant to Section 10098, and that such obstruction involves factors beyond control of the applicant, variances may be granted in the manner provided for in Section 10005(c). The antenna may then be mounted on the roof or eaves; provided, however, that the antenna be located the furthest distance from public view; does not exceed the maximum height restriction imposed upon primary uses within the zone district; and the application includes certification that the proposed installation is in conformance with applicable City Building regulations.

b. Non-Residential Zones. In all zone districts, other than residential, satellite antennas may only be allowed as accessory structures, which are incidental to the principal permitted buildings and uses of the affected property, and shall be placed in locations removed and screened from public view including, but not limited to, use of permanent parapet walls if roof-mounted, subject to specification and approval by the City. Other antennas consisting of those defined in Section 10028, including guy wires supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. No portion of an antenna array shall extend beyond the property lines, front or side yard area. Guy wires shall not be anchored within any front or side yard area but may be attached to the building.

3. Height Criteria#

Antennas, consisting of those defined in Section 10028 shall be subject to the development standards provided under the underlying zone classification unless provided for in this Section.

a. Residential Zones. Antennas which are roof-mounted shall not extend higher than fifteen (15) feet above the peak of the roof§, except a single pole antenna weighing less than seventy-five (75) pounds, and further containing no booms, elements or accessory equipment may extend to a maximum height of forty (40) feet above grade§. Ground mounted freestanding citizens band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to the dwelling shall not exceed an overall height of fifty (50) feet above grade.§

b. Non-Residential Zones. Transmitting and receiving dish antennas, broadcast antennas and microwave antennas shall not exceed a height more than what is minimally necessary to adequately obtain a reception window as defined in Section 10028. The burden of substantiating an adequate reception window shall be supported by documented evidence submitted by the applicant; provided, however, antennas approved pursuant to Section 10352 or Section 10353 of this Article, whichever applies, may not exceed the height as that allowed for building structures within the underlying zone.

4. Development Review Procedures#

a. Residential Zones. In residential zone districts where a Planned Development (PD) designation does not otherwise apply, no satellite receiving or transmitting dish or spherical antenna three (3) feet in diameter or larger, or antenna weighing more than seventy-five (75) pounds each, shall hereafter be erected or structurally altered without a Ministerial Permit having first been issued therefore by the City pursuant to Section 10354 of this Article. In residential zone districts where a Planned Development (PD) designation applies, no satellite antenna, microwave multi-point distribution system (MDS), satellite master antenna television (SMATV), or FM radio or UH/VHF television antenna shall be hereafter erected or structurally altered without a Development or Administrative Permit having first been issued therefore by the City pursuant to Section 10352 and 10353 of this Article, whichever applies.

b. Non-Residential Zones. In all zone districts, other than residential, no satellite antenna, dish or spherical antenna three (3) feet in diameter or larger, microwave multi-point distribution system (MDS), or satellite master antenna television (SMATV), or broadcast antennas shall be hereafter erected or structurally altered without a Development or Administrative Permit having first been issued therefore by the City pursuant to Section 10352 or 10353 of this Article, whichever applies.

c. Overriding Considerations.

(1) Pursuant to Section 10352(F) applications for broadcast antennas and microwave relays shall be considered in light of their horizontal and vertical dimensions, mass, nature of materials, design, location in relation to setback lines and adjacent properties, the presence of screening structures or landscaping and the visual impact of the antenna on adjacent properties and public rights-of-way, ability to mitigate radio frequency and television interference, and levels of non-ionizing electromagnetic radiation (NIER) released.

(2) Conditions of approval may be imposed to mitigate any negative impacts from installation of the antenna. The cost of any such condition to the applicant shall be considered in light of the public benefit derived from the condition.

(3) Antennas approved pursuant to Section 10352 or Section 10353 of this Article, whichever applies, shall be removed upon termination or revocation of the Permit. The Permit shall terminate on change of leasehold interest, sale or transfer of the property by the applicant and shall be so conditioned.

L. Flagpoles#

Flagpoles flying only the United States of America Flag together/or without the State of California Flag shall be allowed in all zone districts subject to the standards provided herein and the height limits of the underlying zone classification§; provided, further, only one flagpole may be erected on a single Parcel of Record in residential zone districts where a Planned Development (PD) designation does not otherwise apply§. In all other zone districts, a maximum of two (2) companion flagpoles may be erected on a Parcel of Record§ of Property as defined in Section 10303(B)(12) provided a Ministerial Permit is first issued by the City pursuant to Section 10354 of this Article. Judgments as to the application of Section 10303(B)(12) shall be made by the Director of Community Development or his designated representative under circumstances which are unclear or otherwise create hardships inconsistent with the purpose and objectives served by this Article.

HEIGHT OF POLE IN RELATION TO SIZE OF FLAG#

POLE	FLAG SIZE	POLE	FLAG SIZE
15′-0″	3′-0″ × 5′-0″	35′-0″	5′-0″ × 8′-0″
20′-0″	4′-0″ × 6′-0″	40′-0″	6′-0″ × 10′-0″
25′-0″	4′-0″ × 6′-0″	45′-0″	6′-0″ × 10′-0″
30′-0″	5′-0″ × 8′-0″	50′-0″	8′-0″ × 12′-0″
		60′-0″	8′-0″ × 12′-0″

(Ord. 626 § 2 (13), (14), 1999; Ord. 579 § 6 (11), 1992; Ord. No. 795, § 2, 1-16-24)

10204 - Lot Areas#

A. General#

No lot area shall be reduced or diminished so that the yards or other open space shall be smaller than prescribed by this Article§, nor shall the density of population be increased in any manner except in conformance with the regulations herein established. No yard or other open space provided around any building for the purpose of complying with the provisions of this Article shall be considered as providing a yard or open space for any other buildings; provided, further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

B. Building Setbacks#

For the purpose of building setback and yard area regulations, multiple-family dwellings with common party walls, including townhouses and condominiums, occupying one or more contiguous lots shall be considered as one building.

C. Rear Yards#

In computing the depth of a rear yard, for any building where such yard opens onto an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard§, except that where it can be determined which lot or lots the alley was a part of before its dedication, then these lots shall be considered to include that area dedicated as a public alley as a portion of a rear yard area. Building setbacks and lot area requirements, as they apply to rear yards, may be reduced up to seventy-five (75) percent of that required in underlying zone districts for property wherein the rear yard of such property abuts land which is zoned P-R (Park Reserve)§ as described in Chapter 4, Part G of this Article; provided, however, that no structure may be built closer than five (5) feet of the rear yard property line§.

D. Loading Spaces#

Loading spaces as required by this Article, may occupy not more than fifty (50) percent of a required rear yard.§

10205 - Automobiles, Motor Homes, Recreation Vehicles and Trailers#

A. Residential Use#

Except as permitted under Section 10205(B) or as may otherwise be authorized by conditional use within designated mobile home and recreation vehicle parks, it shall be unlawful to use any automobile, motor home, recreational vehicle, or any other vehicle or trailer for any of the following purposes within the City:

1. As a dwelling unit or for sleeping purposes.

2. For storing goods, materials, or equipment other than those items considered part of or incidental to the automobile, motor home, recreational vehicle or trailer.§

B. Commercial Use#

No automobile trailer or mobile home shall be used for office, retail or any other commercial purpose except in the following situations:

1. An automobile trailer or mobile home may be used as a sales office for new or used trailer sales business if such automobile trailer or mobile home is on the same lot or parcel of land, new or used trailers, other than that for a sales office, are normally kept for display to the public;

2. An automobile trailer or mobile home may be used as a construction shack at the construction site of a construction project for the duration of such project; or

3. An automobile trailer or mobile home in a Mobile Home Park in a residential zone may be used for the conduct of a home occupation upon the same conditions and regulations as apply to single-family residences in the underlying classified zone.

10206 - Highway Dedication and Improvement#

A. General#

Except as provided in Section 10206(D), no building or structure shall be erected or enlarged, no parcel shall be subdivided or improved, and no permit or discretionary approval shall be issued or granted therefor, on any lot which abuts any designated right-of-way unless one-half (½) of the highway which is located on the same side of the centerline of the highway as such lot, has been dedicated and improved§ for the full width of the lot so as to meet the standards for such right-of-way provided in the current standard specifications for public works construction as adopted by the City pursuant to Article IV, Chapter 1 of this code, or such dedication and improvement has been assured to the satisfaction of the City Engineer. As used in this Section, the centerline of designated right-of-way means the centers of major and secondary highways as shown on the current adopted General Plan Map of the City and all other streets so designated by ordinance of the Council.

B. Procedures#

When the City Engineer determines that the provisions of this Section are applicable to any project for which a permit is required by operation of any chapter or section of this code, the City Engineer shall inform the permit applicant of his determination, of the specific requirements of this section which he determines to be applicable thereto, and of the procedures prescribed below.

1. Dedication#

a. Processing. Any person required to dedicate land by the provisions of this Section shall make an offer to dedicate property executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary report prepared by a company approved by the City Attorney for that purpose. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the City Attorney and the City Engineer, be in such terms as to be binding on the property owner, the owner's heirs, assigns or successors in interest; and shall continue until the Council accepts or rejects such offer or until one (1) year from the date of such offer is filed with the City Clerk for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the Council. The offer shall be recorded by the City Clerk in the Office of the County Recorder upon its acceptance. The City Engineer shall accept or reject the offer for recordation within ten (10) days after it is filed with the City Clerk. The offer shall thereafter be promptly processed by the City Departments concerned and submitted to the Council, in order to complete the dedication within one (1) year. If the offer is rejected by the Council or not processed within one (1) year, the City Engineer shall issue a release from such offer which shall be recorded in the Office of the County Recorder unless the parties making the offer wish to have the time extended.

b. Disposition. For the purpose of this Section, dedication shall be considered as satisfactorily assured when the City Engineer accepts for recordation the offer to dedicate provided for herein. When the City Engineer accepts the offer to dedicate, he shall so notify those City Departments from which the applicant is required to obtain permits.

2. Improvement#

a. Processing. Any person required to make improvements by the provisions of this Section shall either make and complete the same to the satisfaction of the City Engineer or shall file with the City Engineer a bond in such an amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements. Provisions governing the issuance and filing of bonds shall be as follows:

1. Bonds may be posted either as a cash bond or a bond executed by a company authorized to act as a surety in the State of California. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done, and should such work not be done or completed within the time specified, the City may at its option cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State. The bond shall be in such form as it is approved by the City Attorney.

2. Whenever the owner elects to deposit a cash bond, the City is authorized, in the event of any default on the owner's part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. In the event that the work necessary shall cost more than the money deposited, the owner shall be responsible for said deficiency.

3. When a substantial portion of the required improvement has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the City Engineer may recommend that the completed portion be accepted by the Council and may recommend that the Council consent to a proportionate reduction in the surety bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining to be made.

4. Whenever a surety bond has been filed in compliance with this Section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

5. The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond and shall end upon the date of the completion to the satisfaction of the City Engineer of all improvements to be made and accepted by the Council. The fact of such completion shall be endorsed by a statement thereof signed by the City Engineer, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.

10206 - Dedications and Improvements (continued)#

3. Appeals#

a. City Council#

Any person required to dedicate land or make improvements under the provisions of this Section may appeal any determination made by the City Engineer in the enforcement or administration of the provisions of this Section to the City Council. Such an appeal shall be in writing, shall state in clear and concise language the grounds therefor, and shall be filed with the City Clerk within ten (10) days of the date of the City Engineer's determination which is the subject of the appeal. Within twenty (20) days from the date of the filing of such an appeal, the City Engineer shall transmit the appeal together with all relevant file information and his report and recommendation thereon to the Council.

b. Processing and Disposition#

Appeals to the Planning Commission and Council made pursuant to this Section shall be conducted in the time and manner prescribed in Section 10353(E); provided, however, that no fees shall be charged and no public hearing or notice of the manner need be given. The Council may make such modifications in the requirements of this Section or may grant such waivers or modifications of the determinations which are appealed to it as they shall determine are required to prevent any unreasonable hardship under the facts of each case so long as each such modification or waiver is in conformity with the general spirit and intent of the requirements of this Section.

4. Fulfillment#

When all dedication and improvements required by this Section have been completed or satisfactorily assured, permits, subdivision maps and all other discretionary approvals required by operation of this code may thereafter be issued and granted.

C. Standards and Criteria#

1. Limits of Dedication#

The maximum area of land required to be dedicated pursuant to this Section shall not exceed twenty-five percent (25%) of the area of any such lot§ which was of record on the effective date of this Section in the Office of the County Recorder. In no event shall such dedication reduce the lot below the minimum width required by operation of this Article or any area of six thousand (6,000) square feet.§

2. Limits of Improvement#

No additional improvements shall be required on any lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto. Where necessary to make use of the dedicated right-of-way, the undergrounding of overhead utilities may be required as part of the improvement of such right-of-way under this Section.

3. Construction Standards#

All major and secondary highways shall be constructed and improved in accordance with the standards contained in the then current standard specifications for public works construction adopted pursuant to Article VI, Chapter 1 of this code. All improvements required to be made by the provisions of this Section shall be done according to said specifications and such special standards as shall be set by the City Engineer.

4. Lot Development Standards#

On a lot which is affected by street widening pursuant to the provisions of this Section, all required yards, setbacks, parking area, and all other development standards of the underlying zone district within which the lot is situated shall be measured and calculated from the new lot lines being created by said widening; provided, however, that for the purpose of establishing the required front yard depth on a frontage where the ultimate street line has been determined under the provisions of this Section, the depth of all existing front yards may be measured from such ultimate street boundary instead of the front lot line. In applying all other provisions of this Article, the area of such lot shall be considered as that which existed immediately prior to such required street widening.

5. Alignment Determinations#

Whenever uncertainty exists as to the proper application of the provisions of this Section in the matter of street alignment, the City Engineer shall determine their application in conformity with the spirit and intent of this Section.

6. Fees and Improvement Cost#

Notwithstanding any other provision of this code to the contrary, no fee shall be charged for the rendering of any service by the City in connection with dedication or improvement required by the provisions of this Section and not a part of a subdivision proceeding. Upon proper application to the Council and upon recommendation of the City Engineer, the City may accept and provide for the contribution toward the cost of making any improvement required by the provisions of this Section which the City Engineer determines will cost an amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this Section in the immediate vicinity of the improvement.

D. Exemptions#

The provisions of this Section shall not apply to the following types of projects and classes of development:

1. Residential Alterations#

Additions and accessory buildings incidental to a residential building legally existing on a lot, provided no additional dwelling units or guest rooms are created.

2. Commercial Alterations#

Additions and accessory buildings incidental to other than a residential building existing on the lot on January 6, 1968, provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed two hundred (200) square feet.

(Ord. 579 § 6 (12), 1992)

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10207 - Oil and Gas Exploration and Production#

A. General#

The purpose of this Section is to establish reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production facilities and operations within the City. These regulations are adopted in the public interest to effect practices which will provide for a more economic recovery of oil, gas and other hydrocarbon substances, and which will ensure that development activities will be conducted in harmony with other uses of land within the City under which the rights of surface and mineral owners are balanced. It is contemplated that areas within the City may be explored for gas and oil by directional drilling methods through which surface drilling and production operations are limited to a few controlled drilling sites so located and spaced as to cause the least detriment to the community and to the public health, safety, comfort, and general welfare.

B. Definitions#

Unless otherwise defined herein, or unless the context clearly indicates otherwise, the definition of petroleum-related terms shall be that used by the Division of Oil and Gas of the State of California.

1. Controlled Drilling Site#

Within the context of this Section, the term "controlled drilling site" means that particular location upon which surface operations incident to oil or gas well drilling or deepening and the production of oil or gas or other hydrocarbon substances may be permitted.

2. Directional Drilling#

Within the context of this Section, the term "directional drilling" shall mean whipstocking, or slant drilling from a controlled drilling site.

3. Operator#

Within the context of this Section, the term "operator" means all persons, corporations and other legal entities who, acting under the authority vested in a petitioner, erects, conducts, or performs any oil or gas related use, operation or facility within an approved Oil Drilling District.

4. Petitioner#

Within the context of this Section, the term "petitioner" means all persons, corporations and other legal entities who, pursuant to the provisions of this Section, petition the City for the establishment of an Oil Drilling District.

5. Sensitive Uses#

Within the context of this Section, the term "sensitive uses" means all permitted and conditional uses allowed within Residential (R) and Park Reserve (P-R) Zones as listed in this Article.

C. Oil Drilling Districts#

No oil or gas related use, operation or facility shall be permitted within the City unless such use, operation or facility is conducted within an approved Oil Drilling District in compliance with the conditions adopted pursuant thereto and development standards prescribed herein.

1. Establishment of Districts#

The procedure for the establishment of Oil Drilling Districts shall be the same as that prescribed in Section 10004 for the amendment of zone boundaries. The Director of Community Development shall prescribe a form of petition which shall include such requests for information as may be required to permit a full consideration of the merits of the request and operating conditions to be imposed hereunder.

a. Development Plan#

For the purpose of Section 10352(C)(5), a development plan shall accompany all applications for the establishment of Oil Drilling Districts, which plan shall include the following information:

1. The location of drilling and/or production sites, storage tanks, pipelines and access roads.

2. Plans for the consolidation, to the maximum extent feasible, of drilling and/or production facilities, together with accessory facilities.

3. A phasing plan for the staging of development which indicates the approximate anticipated time table for project installation, completion and decommissioning.

4. A plan for eliminating or substantially mitigating adverse impacts on surrounding land uses including scenic resources and archaeological sites due to siting, construction, or operation of facilities.

5. Grading plans for all facilities requiring the movement of greater than fifty (50) cubic yards of dirt.

6. A description of means by which all oil and gas will be transported off-site to a marketing point.

7. A description of the procedures for the transport and disposal of all solid and liquid waste.

8. Oil spill prevention and control measures.

9. Fire prevention procedures.

10. Emission control equipment.

11. Procedures for the abandonment and restoration of the site.

12. Compliance with any other requirement of this code related to oil and gas development.

b. Minimum Requirements#

An Oil Drilling District shall not be established unless it meets the following requirements:

1. Each District shall not be less than sixty (60) acres in area and may not include land included within any other Oil Drilling District.

2. Not more than one (1) Controlled Drilling Site shall be permitted for each sixty (60) acres in any Oil Drilling District and such site shall not be larger than two (2) acres.

3. The number of wells which may be drilled from any Controlled Drilling Site shall not exceed one (1) well for each five (5) acres in the Oil Drilling District.§

4. No petition for a establishment of an Oil Drilling District may be granted unless the petition is signed by persons having the proprietary or contractual authority to extract oil under the surface of at least fifty-one percent (51%) of the property in the Oil Drilling District proposed.

c. Conditions of Development#

In addition to the Development Standards prescribed in Section 10207(C)(2), conditions may be imposed requisite to creation of any Oil Drilling District as are necessary and reasonable to ensure that the operations to be conducted within such District shall not adversely affect the health, safety, or welfare of any resident of the City, shall not adversely affect the value of property located within such District, shall not constitute a nuisance, and shall not create such a condition of noise, odors, air emissions, vibrations, or other factors of nuisance and annoyance as to disturb residents or persons doing business within such District, and if potentially injurious or detrimental effects cannot be mitigated by the imposition of reasonable conditions, then the petition for the creation of such District shall be denied.

1) General Guidelines#

The general guidelines which follow shall be used in the development of conditions which will help ensure that oil development projects generate minimal negative impacts on the environment. These guidelines shall be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline would otherwise defeat the intent of other guidelines. A petitioner should use these guidelines in the design and development of a project and anticipate their use as conditions requisite to creation of an Oil Drilling District, unless the petitioner can demonstrate that they are not feasible or practicable.

a) Oil Drilling Districts and Controlled Drilling Sites should coincide and should only be as large as necessary to accommodate typical drilling and production equipment in fields of exploration.

b) Controlled Drilling Sites and production facilities should be located so that they are not readily visible.

c) Pipelines should be used to transport petroleum products off-site to promote traffic safety and air quality.

d) Gas from wells should be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality and to reduce fire hazards and light sources.

e) Oversized vehicles should be preceded by lead vehicles, where necessary for traffic safety.

f) Lighting should be kept to a minimum to approximate normal night time light levels.

g) In general, projects should be located, designed and operated so as to minimize their adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts and other factors of nuisance and annoyance should be reduced to a minimum or eliminated through the best accepted practices incident to the exploration and production of oil and gas.

2) Applicability#

The creation of an Oil Drilling District shall not relieve a petitioner or operator of the responsibility of securing and complying with any other permit which may be required by other City Ordinances, or State or Federal laws. No condition imposed upon the creation of an Oil Drilling District shall be interpreted as permitting or requiring any violation of law, or any lawful regulations or rules or orders of any authorized governmental agency. In instances where more than one (1) set of rules apply, the stricter one shall take precedence. Nothing herein shall be construed or interpreted as to restrict or limit the types of conditions which may be imposed upon operation or physical conditions within any Oil Drilling District.

2. Development Standards#

The Development Standards specified below constitute minimum standards and criteria which apply to all Oil Drilling Districts. More restrictive requirements may be imposed as are necessary and appropriate pursuant to Section 10207(C)(1)(c).

a. Setbacks#

No well shall be drilled and no equipment or facilities shall be permanently located within:

1. One-hundred (100) feet of any dedicated public street, highway, or nearest rail of a railway being used as such.§

2. Five-hundred (500) feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed by all the occupants of said structures, allowing the setback to be reduced. In no case shall the well be located less than one-hundred (100) feet from said structures.§

3. Five-hundred (500) feet of any building used as a place of public assemblage, institution, or school, unless a waiver is signed by the owners of said facilities, allowing the setback to be reduced. In no case shall the well be located less than three-hundred (300) feet from said structures.§

4. Three-hundred (300) feet from the edge of the existing banks of "Red Line" channels as established by the Ventura County Flood Control District§ and one-hundred (100) feet from the existing banks of all other channels appearing on the most current United States Geological Service 2,000′ scale topographic map as a blueline§. These setbacks shall prevail unless it can be demonstrated to the satisfaction of the Public Works Agency of the County of Ventura that the subject use can be safely located near the stream or channel in question without posing an undue risk of water pollution, damage to wildlife and habitat, and impairment of flood control interests. In no case shall setbacks from streams or channels be less than fifty (50) feet.§ All drill sites located within the 100-year flood plain shall be protected from flooding in accordance with Flood Control District requirements.

5. The applicable setbacks for accessory structures for the zone in which the use is located.

b. Obstruction of Drainage Courses#

Drill sites and access roads shall not obstruct natural drainage courses, unless such courses are diverted or channeled subject to approval and specification of the Director of Public Works.

c. Removal of Equipment#

All equipment used for drilling, redrilling, and maintenance work on approved wells shall be removed from the site within thirty (30) days of the completion of such work.

d. Containment of Contaminates#

Oil, produced water, drilling fluids, cuttings, and other contaminates associated with the drilling, production, storage, and transport of oil shall be contained on the site unless properly transported off-site or injected into a well. The petitioner, in conjunction with the Development Plan required pursuant to Section 10207(C)(1)(a), shall furnish plans for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. Said plans shall be consistent with the requirements of all governmental agencies having jurisdiction.

e. Securities#

Prior to the commencement of drilling or other uses within an approved Oil Drilling District, each operator shall file, in a form acceptable to the City Attorney and certified by the City Clerk, a bond or other security in the penal amount of not less than $10,000.00 for each well that is drilled or to be drilled.§ Any operator may, in lieu of filing such a security for each well drilled, redrilled, produced or maintained, file a security in the penal amount of not less than $10,000.00 to cover all operations conducted in the City, conditioned upon the operator well and truly obeying, fulfilling and performing each and every term and provision governing the Oil Drilling Districts within which the operator is to perform. In cases of any failure by the operator to perform or comply with any term or provision thereof, the City Council may, after notice to the operator and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in accordance with its provisions. The sureties and principal will have joint and severable obligation to pay forthwith the amount of the forfeiture to the City. The forfeiture of any security shall not insulate the operator from liability in excess of the sum of the security for damages or injury, or expense or liability suffered by the City from any breach by operator of any term or condition imposed herein or of any applicable ordinance or of the security. No security shall be exonerated until after all the applicable conditions of the Oil Drilling District have been complied with.

f. Dust Prevention#

The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the City and maintained as necessary to prevent the emanation of dust.§

g. Light Emanation#

Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses.§

h. Reporting Accidents#

All operators shall immediately notify the Director of Community Development, Chief of Police and Fire Department and all other applicable agencies in the event of fire, spills or hazardous conditions not incidental to the normal operations at the project site. Upon request of any City Department, the operator shall provide a written report of any incident within seven (7) calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent reoccurrence of the incident.§

i. Painting#

All permanent facilities, structures, and above ground pipelines on the site shall be colored so as to mask the facilities from the surrounding environment and uses in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Director of Community Development prior to painting of said facilities.§

j. Site Maintenance#

The site of all oil and gas related uses, operations and facilities within approved Oil Drilling Districts shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris, pools of oil, water or other liquids, weeds, brush, and trash. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of the oil well located thereon. If the well has been suspended, idled or shut-in for thirty (30) days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within ninety (90) days.§

k. Site Restoration#

Within ninety (90) days of revocation, expiration, or surrender of any entitlement for use, operation or facility within an approved Oil Drilling District, or abandonment of the same, the operator shall restore and revegetate the premises to as nearly as original condition as is practicable, unless otherwise requested by the land owner.§

l. Insurance#

Each operator shall maintain, for the duration of operations conducted within an approved Oil Drilling District, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons and $2,000,000 for property damage. This requirement shall not preclude an operator from being self-insured.§

m. Noise Standard#

Unless herein exempted, drilling, production, and maintenance operations conducted within an approved Oil Drilling District shall not produce noise, measured at a point outside of occupied sensitive uses that exceeds the following standard:

Section 10207(C)(2)(m) - Noise Standards (continued)#

...or any other more restrictive standard that may be established as a condition of such Oil Drilling District. Noise from the project site shall be considered in excess of the standard when the average sound level, measured over one (1) hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in accordance with the provisions of the conditions imposed upon the Oil Drilling District within which the alleged violation has occurred.

Average Noise Levels (LEQ)#

Time Period	Production Phase	Drilling and Maintenance Phase
Day (7:00 a.m. to 7:00 p.m.)	55 dba	45 dba
Night (7:00 p.m. to 7:00 a.m.)	45 dba	40 dba

For purposes of this Section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase." Nomenclature and noise level descriptor definitions are in accordance with ANSI Sec. 3.33-1980, "Second Level Descriptors for Determination of Compatible Land Use." Measurement procedures shall be in accordance with the adopted "Noise Measurement Guidelines and Procedures."

n. Exceptions to Noise Standard#

The noise standard established pursuant to Section 10207(C)(2)(m) shall not be exceeded unless exempted under any of the following provisions:

1. Where the ambient noise level exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels.

2. Where the owners and occupants of sensitive uses have signed a waiver pursuant to Section 10207(c)(2)(s) indicating that they aware that drilling and production operations could exceed the allowable noise standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners and occupants did not sign such a waiver.

o. Compliance With Noise Standard#

When an operator has been notified by the Department of Community Development that his operation is in violation of the applicable noise standard, he shall correct the problem as soon as possible in coordination with the Department of Community Development. If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Director of Community Development upon the advice of the Division of Oil and Gas, shall be suspended until the problem is corrected.

p. Preventative Noise Insulation#

If drilling, redrilling, or maintenance operations, such as pulling pipe or pumps are located within 1,600 feet of an occupied sensitive use, the work platform, engine base and draw works, ground block, power sources, pipe rack and other probable noise sources associated with a drilling or maintenance operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the Oil Drilling District. Such soundproofing shall be installed prior to commencement of drilling or maintenance activities. The requirements may be waived if the operator can demonstrate that the applicable noise standard can be met or that all parties within the prescribed distance sign a waiver pursuant to Section 10207(c)(2)(s).§

q. Hours of Well Maintenance#

All non-emergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within 3,000 feet of an occupied residence. The requirements may be waived by the Director of Community Development if the operator can demonstrate that the applicable noise standards can be met or that all applicable parties within the prescribed distance has signed a waiver pursuant to Section 10207(c)(2)(s).§

r. Limited Drilling Hours#

All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than eight hundred (800) feet from an occupied sensitive use. Night time drilling shall be permitted if it can be demonstrated to the satisfaction of the Director of Community Development that applicable noise standards can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 10207(c)(2)(s).§

s. Waivers#

Where provisions exist for the waiver of a Development Standard prescribed in this Section, the waiver must be signed by all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the operator is exempt from the corresponding Development Standard for the duration of time which the operator performs operations within an approved Oil Drilling District. Unless otherwise stated by the signatory, a waiver signed pursuant to Section 10207(C)(2)(n) shall also be considered a waiver applicable to Sections 10207(C)(2)(p), (q), and (r).§

t. Application of Sensitive Use Related Standards#

The imposition of regulations on oil and gas operations, which are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time of establishment of an Oil Drilling District; provided, further that waivers duly executed pursuant to Section 10207(c)(2)(s) shall bind all subsequent owners and occupants of sensitive uses until cessation of the use, operation or facility to which such waiver pertains.§

u. Pipelines#

When feasible, pipelines shall be routed to avoid areas of sensitive use. Unavoidable routing through such areas shall be done in such a manner as to minimize the impacts of a spill, should it occur, by considering spill volumes, durations, and projected path. Pipeline segments shall be isolated, in the case of a break, by automatic shut-off valves. In addition, the following provisions shall apply:

1. Biological Impaction. Prior to installation, a survey by a qualified expert in biological resources shall be conducted along the route of any pipeline to determine what, if any, biological resources may be impacted by construction and operation of a pipeline and to recommend any feasible mitigation measures. The cost of the survey shall be borne by the petitioner pursuant to Section 10207(C)(1), and may be conducted as part of environmental review pursuant to Section 10352(B)(2)(b). The recommended mitigation measures shall be incorporated as part of the establishment of an Oil Drilling District.§

2. Geological Impaction. Prior to installation, geologic investigations shall be performed by qualified geologist or engineering geologist where a proposed petroleum pipeline route crosses potential faulting zones, seismically active areas, or other such areas of similar geologic risk. This report should investigate the potential risk and recommend such mitigation measures as pipeline route changes and/or engineering measures to help assure the integrity of the pipeline and minimize erosion, geologic instability, and substantial alterations of the natural topography. The recommended measures shall be incorporated as part of the approval of an Oil Drilling District. New pipeline corridors should be consolidated with existing pipeline or electrical transmission corridors where feasible unless there are overriding technical constraints or significant social, aesthetic, environmental, or economic reasons to do otherwise.§

3. Site Restoration. Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with natural vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials and should include other measures deemed necessary to prevent erosion until the vegetation can become established.§

(Ord. 579 § 6 (2) (part), (14), 1992)

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10225 - Purpose#

The purpose of this Chapter is to protect the health, safety and welfare of the residents of the City, to regulate buildings used for human habitation in conformance with Part 1.5, Division 13 of the California Health and Safety Code, and to provide an orderly method of eliminating blighting influences which cause neighborhood deterioration.

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10226 - Property maintenance#

A. General#

For the purpose of this Chapter, "Property Maintenance" means the external components and their state of repair of any real property within the City, including, but not limited to, structures, accessory structures, landscaping, appurtenances, or any other aspects of real property which are visible from any public right-of-way.

B. Deficient Structures#

It shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property in this City to maintain such property in such a manner that any of the following conditions are found to exist thereon:

1. Buildings that are left in a state of partial construction after expiration of a building permit or buildings which are abandoned, boarded up, or partially destroyed;§

2. Buildings which are susceptible to dry rot, warping or termite infestation as a result of unpainted, chipped or peeling exteriors;§

3. Buildings which contain or house broken windows;§ or

4. Building exteriors which are maintained in such an unsightly, defective, deteriorated, or disrepaired fashion that the same causes significant diminution of the property values of surrounding property. This condition includes, but is not limited to, unsightly and unnecessary markings, drawings, decorations, or graffiti on exterior surfaces which are visible from any public right-of-way; or any device, design, fence, accessory structure, clothesline, or vegetation which is unsightly by reason of its condition or location.§

C. Property Nuisances#

It shall be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property or premises in this City to allow any of the following uses or conditions to exist upon such real property or premises:

1. Overgrown vegetation, dead trees, weeds or debris;§

2. Storage or parking of equipment, machinery, or vehicles, either operative or inoperative, in front yards, unscreened side yards or any other yard areas not otherwise required by this Article which are visible from any public right-of-way; provided, however, operable campers, boats, automobile trailers, trucks of less than six thousand (6,000) pounds gross vehicle weight, and automobiles may be parked on a monolithic asphalt-concrete or portland cement slab or driveway which covers less than fifty (50) percent of the required front yard area and is connected to a public right-of-way by a curb cut;§

3. Hazardous pools, ponds or excavations;§

4. Storage of packing boxes, broken or discarded furniture, vehicle parts, household items, appliances, yard or building debris, garbage cans or any other similar item on a driveway or in front yards, unscreened side yards or any other yard areas not otherwise required by this Article which are visible from any public right-of-way; provided, however, that refuse awaiting collection by the City in compliance with this Article shall be exempt from this standard;§

5. Clotheslines in front yards or unscreened side yards which are visible from any public right-of-way;§

6. Conditions which constitute a public nuisance as defined by Section 3480 of the California Civil Code;§

7. Real property or premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;§ or

8. Real property or premises in such a condition as to depreciate values of neighboring properties to such an extent that the capacity to pay taxes is reduced and tax receipts for such neighboring properties are inadequate for the cost of public services rendered therein.§

9. Disassemble, repair, or otherwise perform any work upon any vehicle, machine, motor, appliance or other similar device on any property within the City unless such activity is incidental to a permitted or conditionally permitted use applicable to the underlying zone classification and is conducted within a building or within an area wholly enclosed from public view by a wall or fence conforming to the requirements of this Article.§

D. Housing Code Violations#

The Uniform Housing Code, latest edition, as approved by the International Conference of Building Officials and adopted in Article VIII of this code as the Housing Code of this City. The purpose of this Housing Code is to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings. Nuisance conditions in violation of the Housing Code include, but are not limited to, the following:

1. Any public nuisance known at common law or equity jurisprudence;

2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors;

3. Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer;

4. Insufficient ventilation or illumination;

5. Overcrowding of a room with occupants;

6. Inadequate or unsanitary sewage or plumbing facilities;

7. Uncleanliness, as determined by the Health Officer; or

8. Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

E. Substandard Buildings#

Under the provisions of the Housing Code, any building or portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the below listed conditions to an extent that endanger life, limb, health, property, safety, or welfare of the public or occupants thereof, shall be deemed and is hereby declared to be a substandard building. Where any of the following described conditions conflict with the definition of substandard building as set forth in Section 17920.3 of the Health and Safety Code of the State of California, the later shall govern.

1. Inadequate Sanitation#

Inadequate sanitation shall include, but not be limited to, the following:

a. Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit or lodging house;

b. Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel;

c. Lack of, or improper kitchen sink, in a dwelling unit;

d. Lack of hot and cold running water to plumbing fixtures in a hotel;

e. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house;

f. Lack of adequate heating facilities;

g. Lack of, or improper operation of required ventilation equipment;

h. Lack of the minimum amounts of natural light or ventilation required by the Housing Code;

i. Room and space dimensions less than required by the Housing Code;

j. Lack of required electrical lighting;

k. Dampness of habitable rooms;

l. Infestation of insects, vermin or rodents as determined by the Health Officer;

m. General dilapidation or improper maintenance;

n. Lack of connection to required sewage disposal system; or

o. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.

2. Structural Hazards#

All structural hazards shall include, but not be limited to, the following:

a. Deteriorated or inadequate foundations;

b. Defective or deteriorated flooring or floor supports;

c. Flooring or floor supports in insufficient size to carry imposed loads with safety;

d. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

e. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

f. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

g. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle or of insufficient size to carry imposed loads with safety;

h. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; or

i. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

3. Hazardous Wiring#

All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.

4. Hazardous Plumbing#

All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures.

5. Hazardous Mechanical Equipment#

All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

6. Faulty Weather Protection#

All faulty weather protection including, but not limited to, any of the following:

a. Deteriorated, crumbling or loose plaster;

b. Deteriorated or ineffective water proofing of exterior walls, roof, foundation, or floors, including broken windows or doors;

c. Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering; or

d. Broken, rotted, split or buckled exterior wall coverings or roof coverings.

7. Fire Hazards#

Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the fire department or his deputy, is in such condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.

8. Faulty Materials of Construction#

All materials of construction except those which are specifically allowed or approved by the Housing Code and the Building Regulations, adopted pursuant to Article VIII of this code, and which have been adequately maintained in good and safe condition.

9. Hazardous or Unsanitary Premises#

Hazardous or unsanitary premises which are hereby defined as premises upon which exist an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborage, stagnant water, combustible materials, and similar materials or conditions which constitute fire, health or safety hazards.

10. Inadequate Maintenance#

Any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Building Regulations.

11. Inadequate Exits#

All buildings or portions thereof not provided with adequate exit facilities as required by the Housing Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws in effect at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

12. Inadequate Fire Protection or Fire-Fighting Equipment#

All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Housing Code except those buildings or portions thereof which conformed with all applicable laws in effect at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

13. Improper Occupancy#

All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.

F. Dangerous Buildings#

The Uniform Code for the Abatement of Dangerous Buildings, latest edition, as approved by the International Conference of Building Officials and adopted in Article VIII of this code is, is hereby adopted as the Abatement of Dangerous Building Code of this City. Any building or structure which has any or all of the following conditions or defects shall be deemed to be a dangerous building, provided that such conditions exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;

3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half the working stress or stresses allowed in the Uniform Building Code for new buildings of similar structure, purpose or location;

4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Uniform Building Code for new buildings of similar structure, purpose or location;

5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

6. Whenever any portion of a building, or any member, appurtenance, or ornamentation

CHAPTER 102 - ZONING REGULATIONS (Continued)#

10227 - Performance Standards#

A. General#

For the purposes of this Chapter, "Performance Standards" means the limits within which any real property within the City may be used, including, but not limited to, any operation or process conducted thereon.

B. Criteria#

It shall be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in this City to maintain or use such real property in such a manner that any of the following conditions are found to exist thereon:

1. Fire and Explosion Hazards#

Storage and transportation of flammable or explosive materials, as defined by the Secretary of Commerce of the United States of America effective April 9, 1941 (as classes A, B and C), which are provided without adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices, standard in the industry. Burning of waste materials, except the burning of agricultural materials, in open fire is prohibited at any point;§

2. Fissionable, Radioactivity or Electrical Disturbance#

Storage or use of fissionable or radioactive material, if their use or storage results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage systems, or any activities which emit electrical disturbances, affecting the operation at any point of any equipment other than that of the creator of such disturbance;§

3. Glare, Humidity, Heat and Cold#

Direct or sky-reflected glare, whether from flood lights or from high temperature processes, or humidity, heat or cold which is produced and is perceptible without instruments by the average person at the points of measurement specified;§

4. Liquid and Solid Wastes#

Discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any material of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction over such activities;§

5. Odors#

Emissions or odorous gases or other odorous matter which is produced in such quantities as to be readily detectable by the average person at the points of measurement specified;§

6. Particulate Matter and Air Contaminants#

Emissions, including but not limited to, fly ash, dust, fumes, vapors, gases, and other forms of air contaminants which are produced from any facility or activity which are readily detectable without instrument by the average person at the points of measurement specified which can cause any damage to health, animals, vegetation or other forms of property, or which can cause excessive soiling at any point;§

7. Smoke#

Emissions produced at any point of visible gray smoke of a shade equal to or darker than Ringlemann No. 1 or its equivalent opacity for more than three (3) minutes in any one-hour period;§

8. Vibration#

Ground vibration which is produced and is discernible without instruments to the average person at the points of measurement specified. Ground vibration caused by motor vehicles, trains, aircraft, and temporary construction or demolition work is exempted from this standard;§ or

9. Prohibition of Dangerous Elements#

Land or buildings which are used or occupied in any manner so as to create any dangerous, noxious, injurious or otherwise objectionable fire, explosive or other hazard; noise or vibration; glare; liquid or solid refuse or waste; or other dangerous or objectionable substance, condition, or element in such a manner or such an amount as to adversely affect other uses;§ or

10. Noise#

Unless otherwise provided for, no person shall operate or cause to be operated any source of sound at any location in the City, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured on any receiving property to exceed the noise level limits set forth by the Noise Control Ordinance as adopted and amended;§

C. Effect of Other Regulations#

Any use, process or operation subject to the criteria specified in Section 10202(B) shall comply with all other authorized governmental standards or regulations which are in effect in this City. More restrictive performance standards or regulations enacted by an authorized governmental agency having jurisdiction in this City on such matters, will take precedence over the provisions of said criteria.

D. Exceptions#

Exceptions to the criteria specified in Section 10227(B) may be made during brief periods for reasons such as equipment shakedown, breakdown of equipment, modification or cleaning of equipment, or other similar reasons, when it is evident that such cause was not reasonable preventable. The criteria specified in Section 10227(B) shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified in this Article.

(Ord. 626 § 2 (32), (33), 1999)

10228 - Enforcement#

In addition to being an infraction, all or any part of premises found to be maintained or used in violation of the provisions of this Chapter are declared to be a public nuisance and may be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this Section. No provision of this Chapter shall be deemed to prevent the City from commencing civil or criminal proceedings to abate a public nuisance under the applicable provisions of the law of the State in addition to the proceedings provided herein. Whenever a finding is made that premises within the City are suspected of being maintained or used contrary to one or more of the provisions of this Chapter, the procedures set forth in Article III, Chapter 4 of this code shall apply.

(Ord. 579 § 6 (13), 1992)

10250 - Intent#

The intent of this Chapter is to regulate zoning of adult-oriented businesses that, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in noise, litter and vandalism and the interference with property owners' enjoyment of their property in the vicinity of such businesses.

It is neither the intent nor effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market.

Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any law of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. 666 § 2 (part), 2005)

10251 - Definitions#

As used in this Chapter:

"Adult bookstore" means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Adult cabaret" means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of adult live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Adult hotel/motel" means a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or which rents, leases or lets any room for less than a twelve (12) hour period; or rents, leases or lets any room more than once in a twenty-four (24) hour period; or which advertises the availability of any of the above.

"Adult live entertainment" means any physical human body activity (except verbal communication), whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view, without opaque covering, specified anatomical parts, or depicting, describing, or relating to specified sexual activities whether or not the specified anatomical areas are covered.

"Adult model studio" means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult model studio shall not include any live art class or any studio or classroom that is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under California Education Code.

Chapter 10250 - Adult-Oriented Businesses#

10251 - Definitions#

"Adult motion picture arcade" means any business establishment or concern containing coin- or slug-operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Adult-oriented business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult motel/hotel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult-oriented business" does not include those uses or activities, the regulation of which is preempted by State law.

"Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents adult live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Establish" means any of the following:

1. The opening or commencement of any adult-oriented business as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;
3. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or
4. The relocation of any such adult-oriented business.

"North commercial area" means all property within the City which has a zoning designation of General Commercial (C-1) and is located north of the centerline of Channel Islands Boulevard, west of the centerline of Ventura Road, east of the centerline of Victoria Avenue, and south of the centerline of Hemlock Street.

"Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two (2) classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least twenty-four (24) hours in advance of participation in the class.

"Operate" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on such premises.

"Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical parts.

"Sexually oriented merchandise" means sexually oriented implements and paraphernalia including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

"Specified anatomical parts" means any of the following:

1. Less than completely and opaquely covered human genitals; pubic region; buttocks, or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means:

1. Actual or simulated sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation, cutting, stabbing, piercing, or torture in the context of a sexual relationship; the use of human or animal excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct: anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, or pedophilia;
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
3. Human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. The presence of any person who engages in any specified sexual activity; or who exposes any specified anatomical part; or who performs adult live entertainment in attire commonly referred to as pasties or a G-string, or any other opaque covering which covers only the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one (1) inch on either side of the entire length of the natal cleft and two (2) inches across the pubic area.

(Ord. 666 § 2 (part), 2005)

10252 - Permitted districts#

Adult-oriented businesses shall only be established and operated within the north commercial area.§

(Ord. 666 § 2 (part), 2005)

10253 - License required#

Adult-oriented businesses shall obtain and maintain an adult-oriented business permit in compliance with all applicable requirements of Chapter 3 of Title V of this code.§

(Ord. 666 § 2 (part), 2005)

10254 - Regulations nonexclusive#

The provisions of this Chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other articles of the Zoning Code, other City ordinances, and State and federal law.

(Ord. 666 § 2 (part), 2005)

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Chapter 10275 - Home Occupations#

10275 - Purpose#

The purpose of this Chapter is to provide and regulate certain incidental and accessory uses which may be allowed in residential neighborhoods under conditions that will insure their compatibility with the neighborhood and to protect the rights of those residents who engage in certain home occupations that are harmonious with a residential environment.

10276 - Permitted uses#

For purposes of this Chapter, "Home Occupations" is defined as those activities conducted entirely within a dwelling and/or its accessory buildings and carried on by the inhabitants thereof; provided, however, that the occupation is clearly incidental and secondary to the use of the dwelling or dwelling purposes and there is no display, no stock in trade or commodities sold upon the premises, no person employed and no furniture, machinery or other mechanical equipment used except such as is customarily necessary or incidental to domestic uses; and further, provided, that such occupation is in conformance with all performance standards specified in Section 10278 necessary to protect the health, safety, public welfare and property values in the neighborhood. The following uses shall not be considered to be home occupations in any case and shall be regulated elsewhere in this Article:

A. Automobile and truck repair shops;

B. Barbershops;

C. Beauty salons;

D. Business or professional offices;

E. Care homes;

F. Clinics or hospitals;

G. Convalescent hospitals;

H. Fortune-telling;

I. General retail and service stores;

J. Garage sales (except on a limited basis of not more than two (2) days per year);

K. Kennels and boarding for pets;

L. Medical offices for physicians, dentists, osteopaths, and other practitioners of the healing arts; and

M. Other occupations or uses of a character similar to the above as determined by the Director of Community Development or his designated representative.

10277 - License or permit required#

Any person wishing to conduct a home occupation as defined in Section 10276 must obtain a business license pursuant to Article V of this code. Any person wishing to conduct up to two (2) garage sales per year shall be limited to a maximum of two (2) days per event and shall first obtain a Ministerial Permit pursuant to Section 10354.

(Ord. No. 726, § 1, 7-18-16; Ord. No. 819, § 2, 11-18-24)

10278 - Home occupation regulations#

The following activities are prohibited in connection with any home occupation. Any person responsible for any of the following activities in connection with the conducting of a home occupation is guilty of an infraction punishable pursuant to Article I, Chapter 2 of this code.

A. Activities that violate any Section or Chapter of this code;§

B. Activities conducted by persons other than members of the household occupying the dwelling;§

C. Activities conducted outside the enclosed living area of the main dwelling unit;§

D. Activities that generate any outdoor storage of materials, equipment or vehicles;§

E. Activities requiring more than one (1) room in the main dwelling unit or which occupy any space devoted to purposes specifically required by this Article (e.g., off-street parking, except as authorized by subdivision H;§

F. Activities requiring the employment of persons other than members of the household occupying the dwelling unit;§

G. Activities causing change to the principal character or use of the dwelling unit;§

H. Activities involving exterior evidence of the conduct of a home occupation including, but not limited to, the parking of more than one (1) commercial vehicle on or immediately adjacent to the premises;§

I. Activities involving the commercial sale of goods or the rendering of services on the premises;§

J. Activities creating greater vehicular or pedestrian traffic than normal for the district within which it is located;§

K. Activities not otherwise conducted between the hours of 7:00 a.m. and 7:00 p.m.;§

L. Activities conducted in such a manner as to evidence use of the property other than for residential purposes to a substantial number of abutting residents or the public at large;§ or

M. Activities which produce or cause the production of objectionable or offensive elements not characteristic of residential areas in which the home occupation occurs including, but not limited to, uncharacteristically excessive quantities of noise, light, vibration, smoke, odor, humidity, radiation, heat, cold, glare, dust or dirt, electrical interference, pedestrian activity, vehicular traffic, television or radio interference or other such objectionable or offensive conditions.§

(Ord. No. 726, § 2, 7-18-16)

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Chapter 10280 - Large Family Day Care Homes#

10280 - Purpose#

The purpose of this part is to ensure that large family day care homes providing child care in residential districts do not adversely impact the adjacent neighborhood. While large family day care homes are needed by residents in this City, especially in close proximity to their homes in residential neighborhoods, the potential traffic, noise and safety impacts of this use should be regulated in the interest of nearby residents and the children in the day care facility. It is also the intent of this section to allow family day care homes in residential surroundings to give children a home environment which is conducive to healthy and safe development.

(Ord. No. 711, § 4, 11-5-12)

10281 - Permitted uses#

Large family day care homes are permitted uses in the City's R-1 district, subject to the permit requirements (Section 10282) and performance standards (Section 10283) established below.

(Ord. No. 711, § 4, 11-5-12)

10282 - Permits required#

Any person wishing to conduct a large family day care home as defined in Section 10059 shall apply for a Ministerial Permit pursuant to Section 10354. A large family day care home meeting the performance standards for operation specified in Section 10283, shall, after application therefore, be issued a Business License pursuant to Article V of this code.

(Ord. No. 711, § 4, 11-5-12)

10283 - Performance standards#

A. State Licensing Required. These standards apply in addition to the requirements of the California Department of Social Services and its facility licensing procedures. Licensing by the Department of Social Services is required for all child day care facilities.

B. Structures. A large family day care home shall conform to all property development standards of the zoning district in which it is located unless otherwise provided in this section.

C. Noise. The operation of a large family day care home shall comply with noise standards contained in the Port Hueneme Municipal Code, Article III, Chapter 5 (Noise Control).

D. On-Site Parking. On-site parking for large family day care homes shall not be required except for that required for the residential building.

E. Passenger Loading. Curbside loading shall be presumed adequate for drop-off and pick-up of children. However, where the Parking and Traffic Engineer, in evaluating a particular large family day care home, determines that curbside loading is not adequate, the Parking and Traffic Engineer shall approve a passenger loading plan.

F. Lighting. Passenger loading areas may be illuminated. If a passenger loading area is illuminated, the lighting shall be directed away from adjacent properties and of an intensity compatible with the residential neighborhood.

G. Concentration of Uses. A residential parcel shall not be bordered on more than one (1) side by a care facility.

H. Swimming Pools or Spas. No swimming pools or spas shall be installed on the site due to high risk and safety considerations. An existing pool or spa for a separate use on the parcel may be allowed if determined by the Director that adequate, secure separation exists between the pool or spa and the facilities used by the children.

(Ord. No. 711, § 4, 11-5-12)

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Chapter 10290 - Alcoholic Beverage Establishments and Tobacco Retailers#

10290 - General#

A. Purpose. Because the use of alcohol and tobacco are restricted for use by adults twenty-one (21) years of age and older, and in an effort to ensure cannabis products are not sold outside of cannabis retailers specifically approved to operate within the City, to prevent minors from accessing alcohol or tobacco, and to ensure alcoholic beverage establishments and tobacco retailers do not negatively impact neighboring properties and businesses, the following minimum standard licensing and operating requirements have been established. These requirements implement an annual inspection process applicable to the majority of the off-site alcoholic beverage establishments and tobacco retailers operating within the City, and are provided in order to help ensure these uses are not injurious to the health, safety and welfare of the community.

B. No Assumed Authorization. This section does not itself authorize or permit alcoholic beverage sales establishments or tobacco retailers, but only applies to such establishments where otherwise allowed or permitted within an applicable zoning district. The requirements and regulations set forth herein are intended to complement the State of California's related laws and do not replace or usurp any powers vested in the California Department of Alcoholic Beverage Control (ABC).

C. Public Hearings. The City Council shall have the powers and duties to conduct public hearings and make determinations on whether alcoholic beverage sale establishments and tobacco retailers are in compliance with the conditions of approval or operating standards prescribed within this Chapter, and may modify or revoke the use permit or deemed approved status of an alcoholic beverage sales establishment or tobacco retailer in order to obtain compliance with the provisions of this Chapter. This provision is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage and tobacco product sale activities in the City.

D. Inspection and Right of Entry. The sale of alcoholic beverages and tobacco products are closely regulated industries. The officials responsible for enforcement of the Port Hueneme Municipal Code (PHMC) or other ordinances of the City, or their duly authorized representatives, may enter on any site or into any structure for the purpose of inspection, provided they do so in a reasonable manner, whenever they have cause to suspect a violation of these regulations, or whenever necessary to the investigation of violations of the conditions of approval, operational standards prescribed in this Chapter.

Section 10291 - Alcoholic Beverage Sales Establishments#

This section requires all new alcoholic beverage sales establishments to obtain a Minor Use Permit from the Director of Community and Economic Development ("Director") or a Conditional Use Permit from the City Council, unless otherwise exempt. This section also confers "deemed approved" status on all legal nonconforming off-site alcoholic beverage establishments and sets forth grounds for the modification, revocation and termination of Minor/Conditional Use Permits ("use permits") and deemed approved status for establishments violating the provisions of this section.

A. Administration#

1. Applicability#

The provisions of this section shall apply to the extent permissible under other laws to all establishments located in the City that sell alcoholic beverage for on-site or off-site consumption.

2. Overlapping or Contradictory Regulations#

Whenever any provision in this section, in any permit, or in any other law, ordinance or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this section.

B. Requirements and Standards#

1. Minor Use Permit or Conditional Use Permit Required#

Except as provided elsewhere in this section, all alcoholic beverage sales establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any alcoholic beverage sales activity.§

2. Exceptions#

Unless otherwise required by this section, a use permit shall not be required for the following types of uses:

a.#

An off-site alcoholic beverage sales establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than ten thousand (10,000) square feet of gross floor area and a maximum of ten (10) percent of the gross floor area devoted to the sale and display of alcoholic beverages. If found to be in violation of this section, such alcoholic beverage sales establishments exempt from the requirement of a use permit pursuant to this subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of alcoholic beverages.

b.#

A restaurant that serves alcoholic beverages for on-site consumption, limited to on-sale beer and wine only.

c.#

An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.§

3. Cap#

As of January 7, 2025, there shall be no more than twelve (12) alcoholic beverage sales establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.§

4. Finding of Public Convenience or Necessity#

a.#

Pursuant to California Business and Professions Code Section 23958.4, in areas with an over-concentration of off-site alcoholic beverage establishment licenses issued by the ABC, the City desires to strike a balance between the number of off-site licenses and the convenience of store customers. As a result, consideration to approve a finding of public convenience or necessity may be given by the Director or City Council, as applicable, to businesses wishing to obtain off-site alcoholic beverage establishment licenses issued by the ABC in over-concentrated areas that comply with the following criteria:

1)#

The retailer must occupy greater than ten thousand (10,000) square feet of gross floor area or be tied to a fueling station on the premises with fuel sales comprising the majority of the business' sales;

2)#

A retailer tied to a fueling station with less than ten thousand (10,000) square feet of gross floor area shall be limited to off-site beer and wine, non-fortified products only;

3)#

No more than ten (10) percent of the gross floor area may be devoted to alcoholic beverage display, unless a larger display is otherwise approved by the City's decision-making authority;

4)#

At least ten (10) percent of the gross floor area must be devoted to food sales and non-alcoholic beverages;

5)#

If the location of the proposed business is within a high crime area, which is defined as Police Department calls for service for alcoholic beverage-related incidents which are twenty (20) percent or more greater than the average number of such incidents reported for the City as a whole, the decision-making body may use that fact in denying the application or the Public Convenience or Necessity finding required by the ABC;

6)#

The property/building/use has no outstanding Building or Health Code violations or Code Enforcement Activity;

7)#

The site is properly maintained, including site and building improvements, landscaping and lighting; and

8)#

The owner/applicant has no history of violations with the ABC and/or City.

b.#

Prior to the establishment of any business selling alcoholic beverages, when within the Director's purview, the Director, when required pursuant to California Business and Professions Code Section 23958.4 shall make the finding of public convenience or necessity. Prior to making said finding, the Director shall consult with the City Police Department to receive that agency's comments. If the comments received indicate concerns, the Director shall not make the finding, but shall require the applicant to submit an application for a Conditional Use Permit for City Council review.

5. Operational Standards and Additional Conditions of Approval#

a.#

All new off-site alcoholic beverage establishments (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards and alcoholic beverage sales limitations:

1)#

An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

2)#

An establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those of the ABC, California Business and Professions Code Sections 24200, 24200.6, 25612 and 25612.5, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.

3)#

The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.

4)#

An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways. An establishment shall comply with the following public nuisance prevention measures:

i. Loitering#

The establishment's operators or employees shall be required to discourage loiterers and ask persons loitering for longer than fifteen (15) minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

ii. Signage#

There shall be no exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and PHMC Section 10303.§

The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:

• "California State Law prohibits the sale of alcoholic beverages to persons under twenty-one (21) years of age"
• "No loitering or public drinking"
• "It is illegal to possess an open container of alcohol in the vicinity of this establishment"

iii. Mitigating Alcohol-Related Problems#

The establishment shall be required to operate in a manner which mitigates alcohol-related nuisance problems that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance.

iv. Drug Paraphernalia#

An off-site alcohol establishment shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5.§ "Drug paraphernalia" means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.

v. Window Obstructions#

To ensure a clean and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs in PHMC Section 10303.§

vi. Training#

Each off-site alcoholic beverage establishment operator and its employees selling alcohol shall complete the Licensee Education on Alcohol and Drugs (LEAD) program training provided by the California Department of Alcoholic Beverage Control.§ LEAD certificates shall be kept on the premises and provided to City officials within forty-eight (48) hours of a written request.

5)#

Each establishment shall post a copy of these performance standards, any applicable ABC and/or City operating conditions, and any training requirements in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment, as well as any City Code Compliance Officer or authorized state or county official.

b.#

The above operational standards and beverage sales limitations shall be incorporated into any new use permit for off-site alcoholic beverages sales issued under the provisions of this article or any business license issued that authorizes new off-site alcoholic beverage sales if no use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment's approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community.

c.#

Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds for enforcement action, up to revocation of a Minor/Conditional Use Permit and/or business license.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

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Section 10292 - Tobacco Retailer Establishment Regulations#

This section requires all new tobacco retailer establishments to obtain a Minor Use Permit from the Director of Community and Economic Development or a Conditional Use Permit from the City Council, unless otherwise exempt. This section also confers deemed approved status on all legal nonconforming tobacco retailers and sets forth grounds for the modification, revocation and termination of Minor/Conditional Use Permits and deemed approved status for establishments violating the provisions of this section.

A. Administration#

1. Applicability#

The provisions of this section shall apply to all new and existing tobacco retailers in the City to the extent permissible under other laws to all establishments located in the City that conduct retail sales of tobacco products.

2. Overlapping or Contradictory Regulations#

Whenever any provision in this section, in any permit, or in any other law, ordinance or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this section.

B. Requirements and Standards#

1. Minor Use Permit or Conditional Use Permit Required#

Except as provided elsewhere in this section, all tobacco retailer establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any tobacco sales activity.

2. Exceptions#

Unless otherwise required by this section, a use permit shall not be required for the following types of uses:

a.#

A tobacco retailer consisting of a general retail store, a grocery store, or a retail pharmacy with greater than ten thousand (10,000) square feet of gross floor area and a maximum of ten (10) percent of the gross floor area devoted to the sale and display of tobacco products.§ If found to be in violation of this section, such tobacco retailers exempt from the requirement of a use permit pursuant to this subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of tobacco.

b.#

An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.§

3. Cap#

As of January 7, 2025, there shall be no more than nineteen (19) tobacco retailer establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.§

4. Operational Standards and Conditions of Approval#

a.#

All new tobacco retailers (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards:

1)#

An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

2)#

A tobacco retailer shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those in the California Health and Safety Code Sections 11014.5 and 11364.5, the Uniform Controlled Substances Act (commencing with California Health and Safety Code Section 11000), California Business and Professions Code Sections 22950—22964, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.

3)#

The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.

4)#

An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways. An establishment shall comply with the following public nuisance prevention measures:

i. Loitering#

The establishment's operators or employees shall be required to discourage loiterers and ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

ii. Signage#

There shall be no exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and PHMC Section 10303.

The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:

• "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age"
• "No loitering or public drinking"
• "It is illegal to possess an open container of alcohol in the vicinity of this establishment"

iii. Mitigating Related Problems#

The tobacco retailer shall be required to operate in a manner which mitigates nuisance problems to its business operations that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance.

iv. Drug Paraphernalia#

A tobacco retailer shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5.§ "Drug paraphernalia" means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.

Section 11000#

Window Obstructions#

To ensure a clean and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs in PHMC Section 10303.

5) Prohibited Activities#

The following shall be prohibited at any tobacco retailer business location:

i. Smoking or Vaping Prohibition#

Smoking or vaping on the premises at any time.§

ii. Sale to Minors Prohibition#

The sale of tobacco products and paraphernalia to a person under the age of twenty-one (21).§

iii. Sales by Minors Prohibition#

Sales solicited or conducted on the premises by minors.§

iv. Flavored Tobacco Products Prohibition#

The sale of flavored tobacco products or presumptive flavored tobacco products.§

v. Free or Low-Cost Distribution Prohibition#

Distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as tobacco coupons for said items.§

vi. Vending Machine and Mobile Vendor Prohibition#

The sale of tobacco products and paraphernalia via a vending machine, by a sidewalk vendor or mobile vehicle vendor (mobile vending), or via temporary use permit.§

vii. Nitrous Oxide Prohibition#

The sale of nitrous oxide, a device to dispense or administer nitrous oxide, cartridge or any device that contains any quantity of nitrous oxide.§ "Nitrous oxide" means the colorless nonflammable gas (N₂O) sometimes used in aerosols and sometimes used as an anesthetic, which when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and used as an anesthetic in dentistry. Nitrous oxide is often referred to as "Laughing gas," "NOX," "Galaxy gas," amongst others.

6) Display Area Limitations#

The display area of tobacco products, including tobacco paraphernalia, shall be subject to the following limitations:

i. Maximum Display Area#

Shall not exceed ten (10) percent of the total gross floor area of a business establishment, excluding smoke shops which are defined as an establishment that either devotes more than ten (10) percent of its total floor area to tobacco products, including paraphernalia, or devotes more than a two-foot depth by four-foot length section of a single shelf space for display for sale of tobacco paraphernalia.

ii. Location Behind Service Counter#

Shall be located behind a service counter in a manner that prohibits self-service by the customer.§

iii. Paraphernalia Display Limitation#

The display area devoted to tobacco paraphernalia shall not exceed a two-foot depth by four-foot length section of a single shelf space, excluding smoke shops.§

7) Posting Requirements#

A copy of these operational standards, any applicable California Department of Tax and Fee Administration, or City operating conditions and licenses shall be posted in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment as well as any City Code Compliance Officer or authorized state or county official.

b. Incorporation into Use Permits#

The above operational standards and conditions shall be incorporated into any new use permit for a tobacco retailer issued under the provisions of this section or any business license issued that authorizes a new tobacco retailer if no use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment's approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community.

c. Enforcement for Non-Compliance#

Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds for enforcement action, up to revocation of a Minor/Conditional Use Permit and/or business license.

(Ord. No. 823, § 2(Exh. A), 1-6-25; Ord. No. 826, § 2, 8-18-25)

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10293 - Deemed Approved Establishments#

A. Regulations Established#

Except as otherwise provided in this section, any off-site alcoholic beverage sales establishment or tobacco retailer in the City lawfully operating prior to January 7, 2025, shall thereafter be a deemed approved establishment and not a legal nonconforming use.§ In addition, any alcoholic beverage sales establishment or tobacco retailer exempt from the requirement to obtain a use permit pursuant to this section that lawfully commences operations on or after January 7, 2025 shall be an establishment with deemed approved status for purposes of this section. A deemed approved establishment shall obtain and retain its deemed approved status as long as the following are met:

1. Compliance with Operational Standards#

The establishment complies with the operational standards and conditions of approval set forth in Section 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers.

2. Compliance with Prior Conditions#

The establishment complies with any previously conditions of approval.

3. Fees and Compliance Checks#

The establishment pays all required fees and undergoes an initial compliance check within one hundred eighty (180) days of January 7, 2025 and annually thereafter to ensure such establishments remain in compliance with the performance standards and all other applicable provisions of the deemed approved alcoholic beverage sales regulations.

4. ABC License Type Maintenance#

The off-site alcoholic beverage sales establishment does not change its type of ABC license within a license classification.

5. No Substantial Change in Operation#

The establishment does not substantially change its mode or character of operation as defined in this section.

C. Public Nuisance#

Failure to comply with the standards set forth herein shall constitute a public nuisance.

D. Notification to Owners of Deemed Approved Establishments#

1. Notice Requirements#

The City shall notify each owner and/or operator of an off-site alcoholic beverage sales establishment or tobacco retailer of its deemed approved status at the address as shown on their City business license, and also, if not the same, shall notify any property owner at the address shown on the county assessor's property tax assessment records. The notice shall be sent via certified mail with return receipt requested and shall include:

a. Copy of Operational Standards#

A copy of the operational standards and conditions of approval set forth in Section 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers, with the requirement that they be posted in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment;

b. Compliance Notification#

Notification that the establishment is required to comply with all of the operational standards and conditions of approval;

c. Inspection Notification#

Notification that initial and annual compliance inspections will be conducted by the City to ensure compliance and that collection of the compliance inspection fee set forth in the City's most recently adopted master fee schedule will be required; and

d. Compliance with All Regulations#

Notification that the establishment is required to comply with all other aspects of the deemed approved regulations.

2. Returned Notice Procedure#

Should the notice be returned, then the notice shall be sent via first-class mail and hand delivered by City staff to the alcohol beverage sales establishment or tobacco retailer.

E. Change in ABC License Type and/or Substantial Change in Mode or Character of Operation#

1. Circumstances Requiring New Permit#

Upon the occurrence of any of the following, a deemed approved alcoholic beverage sales establishment or tobacco retailer shall be required to obtain approval of a Minor Use Permit or Conditional Use Permit:

a. Change in License Type#

The establishment changes its alcoholic beverage sales activity so that ABC requires a different type of license.

b. Cessation of ABC License#

The establishment ceases to be licensed by the ABC.

c. Substantial Change in Mode or Character of Operation#

There is a substantial change in the mode or character of operation. As used herein, the phrase "substantial change in mode or character of operation" shall include, but not be limited to, any of the following:

1) Increase in Floor Area or Shelf Space#

The establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage beyond that which actually existed or was permitted immediately prior to the date the establishment was initially deemed approved;§

2) Extension of Hours of Operation#

The establishment extends its hours of operation by thirty (30) minutes or more;§

3) Voluntary Discontinuation of Operation#

The establishment voluntarily discontinues its active operation for more than ninety (90) consecutive days.§

4) Other Circumstances#

Any other circumstances that result in a substantial change in the mode or character of operation, except for those circumstances listed in subdivision (b) of Section 23790 of the California Business and Professions Code.

2. Public Hearing Requirement#

Upon notification or discovery by the City of any of the above occurrences, a public hearing before the City Council shall be held to determine whether a substantial change in the mode or character of operation of the establishment has occurred. If the City Council determines that a substantial change has occurred, the alcoholic beverage sales establishment or tobacco retailer must cease operation and may not resume unless it applies for, and obtains, a Minor Use Permit or Conditional Use Permit in conformance with this Chapter.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

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10294 - Inspections#

This section requires that all off-site alcoholic beverage sales establishments and tobacco retailers required to obtain a use permit or having deemed approved status shall be subject to an initial inspection upon approval of a use permit or upon notification provided in Section 10293(D), as well as an annual monitoring inspection thereafter in conjunction with the business license renewal process. Alcoholic sales establishments listed as exempt in Section 10291(B)(2)(a) and tobacco retailers listed as exempt in Section 10292(B)(2)(a) shall be exempt from this requirement.

A. Scope of Inspections#

Staff from the Community and Economic Development Department Code Compliance or Planning Divisions, or staff that is otherwise designated by the City shall conduct an interior and exterior site inspection of the public areas of each alcoholic beverage sales establishment and tobacco retailer prior to the initial granting of a business license, prior to the annual issuance of a renewed business license, or upon notification provided in accordance with Section 10293(D). The scope of the inspection shall include, but is not limited to:

1. Exterior Property Maintenance#

Exterior property maintenance and cleanliness;

2. Landscape Maintenance#

Landscape maintenance in accordance with the PHMC;

3. Structure and Site Features Maintenance#

Maintenance and upkeep of the primary structure, as well as ancillary site features, such as parking, trash enclosures, etc.;

4. Compliance with Operating Standards#

Compliance with all of the applicable operating standards and conditions of approval outlined in Section 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers; and

5. Compliance with Use Permit Conditions#

Compliance with all other applicable conditions of approval issued with the establishment's use permit, as applicable.

B. Alcoholic Beverage Sales Establishments and Tobacco Retailers Initial Inspections#

Upon approval of a use permit or upon notification to establishments in accordance with Section 10293(D), the aforementioned establishments shall undergo one (1) initial compliance inspection, to be conducted by City staff noted in Section 10294(A) prior to the issuance of a business license, or within ninety (90) days of January 7, 2025 for deemed approved establishments. One (1) compliance re-inspection shall also be conducted no sooner than fifteen (15) days after a failed initial compliance inspection unless the business owner requests the inspection take place at an earlier date.§

1. Business License Requirement for New Establishments#

Any new off-site alcohol beverage sales establishment or tobacco retailer for which a use permit has been approved shall not be granted a business license until any violation found after the initial compliance inspection or the compliance re-inspection is resolved. Operation of a business without a business license shall be subject to the provisions of PHMC Section 5013.

2. Violations at Deemed Approved Establishments#

Any violation found at a deemed approved establishment for which the compliance period has been exhausted pursuant to Section 10293(B)(3) shall be subject to the enforcement provisions of Sections 10293(A) and (B).

C. Renewal Inspections#

An offsite alcoholic beverage sales establishment or tobacco retailer seeking to renew a business license shall undergo an annual compliance inspection conducted by Code Compliance staff within thirty (30) days prior to the expiration of the business license, and one (1) compliance re-inspection to be conducted no sooner than fifteen (15) days after a failed annual renewal inspection. Any violation found after the compliance re-inspection shall be subject to the enforcement provisions of Section 10295 et seq.

D. Notice of Annual Renewal Inspection#

1. Renewal Notice Requirements#

Prior to business license expiration for an offsite alcoholic beverage sales establishment or tobacco retailer, the City shall mail a business license renewal notice to the business owner and the business owner's authorized representative (if any) notifying the business of the following:

a. Renewal Requirement#

The business owner's requirement to renew the annual business license; and

b. Inspection Notice#

Notice that code compliance staff will inspect the interior and exterior public areas of the business establishment to ensure that it is in compliance with applicable operational standards and conditions of approval within thirty (30) days of the date of the renewal notice.

2. Mailing Requirements#

Said notice will be mailed by first-class mail to the business owner and the business owner's authorized representative (if any) as it appears in the City business license records, and a copy will also be mailed to the alcohol sales establishment or tobacco retailer establishment to be inspected. In the case of multiple business owners of the same establishment, notice to any one (1) of the business owners is sufficient notice.

3. Refusal of Access#

In the event a business owner, business owner's authorized representative (if any), or tenant at the alcohol sales establishment or tobacco retailer location refuses to allow the City access to conduct the inspection of the public areas, the City Manager, City Code Compliance Official, or their designee shall proceed in accordance with PHMC Section 10228 and may use such other legal remedies as may be available at law or in equity to ensure that an inspection is conducted as required by this section.

4. Withholding of Business License#

If the City is not able to obtain the consent of the business owner, business owner's representative (if any), or tenant of the alcohol sales or tobacco retailer establishment to conduct an inspection, the City shall withhold issuance of the business license until the inspection is conducted and passed.§

E. Passed Inspections#

If no violations are found as a result of an initial or annual renewal inspection or re-inspection, the City's record shall so state, and the City shall issue or renew the business license, or confirm that the deemed approved status may continue, as the case may be, provided any other outstanding business license requirements are satisfied. All inspection reports shall be available as a public record upon request.

F. Failure to Pass Initial/Annual Inspections#

After completion of the alcohol sales establishment or tobacco retailer initial inspections, the annual business license inspections, or any re-inspection where the alcohol sales establishment or tobacco retailer fails an inspection due to having a violation(s) on the property, the City shall issue a Notice of Violation to the property owner and the business owner as noted in the City's business license records, and which shall contain, at a minimum, the following:

1. Itemization of Violations#

An itemization of any violation(s) of applicable laws identified during the inspection;

2. Correction Period#

The period of time given for correcting each of the identified violations;

3. Re-inspection Notice#

Notice that the City will re-inspect the alcohol sales establishment or tobacco retailer no sooner than the end of the period of time for correction;

4. Consequences of Uncorrected Violations#

A statement that if the violation(s) found during the reinspection have not been corrected, the City will not issue or renew the business license, or confirm that the deemed approved status may be continued, as the case may be, and that the City may pursue any legal remedies available to it in order to abate said violations.

(Ord. No. 823, § 2(Exh. A), 1-6-25)

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10295 - Modification or Revocation#

This section sets forth the process for modifying or revoking the deemed approved status or use permit, as the case may be.

A. Grounds for Modification or Revocation#

An alcoholic beverage sales or tobacco retailer establishment's use permit or deemed approved status, as the case may be, may be modified or revoked by the City Council for failure to comply with the operational standards and conditions of approval established in this Chapter, and/or for being in violation of other federal, state or City laws and regulations that have a negative effect on the public health and safety, after holding a public hearing in the manner described in this Chapter.§

B. Violations#

Whenever the City Manager or his/her designee determines that a violation of this Chapter exists, a Code Compliance Officer shall issue a written Notice of Violation containing all information required by Section 10294(F) of this Chapter. Any person who fails to comply with any provisions of this section after receiving written notice of the violation(s) and who has exhausted the period of time provided to correct such violation(s) shall be deemed to be in violation of this section.

C. Investigative Procedures#

The following investigative procedures shall be utilized for potential violations of conditions of approval and/or operational standards as required by this Chapter:

1. Complaint Procedures#

Upon the City's receipt of a complaint from the public, Police Department, City official, or any other interested person that an off-site alcohol beverage sales or tobacco retailer establishment is operating in violation of: 1) the conditions of approval of its use permit; or 2) in the case of a deemed approved establishment, the operational standards in Section 10293, the following procedures shall apply:

a. Assessment of Complaint#

A City Code Compliance Officer, or other City-designated representative, shall assess the nature of the complaint and its validity by conducting an inspection of the premises to assess the establishment's compliance with applicable conditions and operational standards.

b. Notice of Violation and Remedy#

If the Code Compliance Officer, or other City representative, determines that the establishment is in violation of the applicable conditions of approval or standards, they shall give written notice of the violation to the owner and/or operator of the establishment as set forth herein and seek to remedy the violation by issuing an administrative citation if the violation is not timely corrected and no hearing on the notice of violation is requested. However, if the Compliance Officer, or other City-designated representative, in their sole discretion, determine the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, the matter may be referred directly to the City Council for a public hearing at which the establishment's use permit or deemed approved status may be modified or revoked.

c. Hearing Officer Recommendation#

If the owner or operator receiving a notice of violation requests a hearing pursuant to PHMC Section 3400, the Hearing Officer, in addition to holding such a hearing, may make a recommendation to the City Council as set forth in subsections (1) and (2), below.

1) Recommendation for Conditionally Permitted Establishments#

In the case of a conditionally permitted establishment, to conduct a hearing to consider modifying or revoking the establishment's use permit, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use or operational standards of the subject establishment.

2) Recommendation for Deemed Approved Establishments#

In the case of a deemed approved establishment, to conduct a hearing to consider modifying or revoking the establishment's deemed approved status, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of imposing reasonable conditions on the use or operational standards of the subject establishment.

d. City Council Hearing#

If a hearing before the City Council is conducted on a potential violation, the City Council shall determine whether the establishment is in compliance with:

1) Conditionally Permitted Establishments#

In the case of a conditionally permitted establishment, the operational standards and/or conditions of approval in the establishment's use permit. Based on this determination, the City Council may allow the operations of the establishment to continue under the establishment's use permit; may modify the use permit by imposing additional reasonable conditions, including, but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the operational standards and/or conditions of approval; or may revoke the establishment's use permit. If the City Council determined to impose further, new conditions on the establishment's use permit, such conditions shall be based upon the information then before it. In reaching a determination as to whether an establishment has violated the operational standards and/or conditions of approval, or as to the appropriateness of imposing additional or amended conditions, or revoking the use permit, the City Council may consider the following:

i. Duration of Non-Compliance#

The length of time the establishment has been out of compliance with the operational standards and/or conditions of approval.

ii. Community Impact#

The impact of the violation of the operational standards and/or conditions of approval on the community.

iii. Efforts to Remedy#

Any information regarding the owner of the establishment's efforts to remedy the violation of the operational standards and/or conditions of approval. "Efforts to Remedy" shall include, but are not limited to: 1) timely calls to the Police Department that are placed by the owner and/or operator of the establishment, their employees, or agents (it is not the intent of this section to discourage the reporting of nuisance or criminal activity); 2) requesting that those persons engaging in activities causing violations of the operational standards and/or conditions of approval cease those activities, unless the owner or operator feels that their personal safety would be threatened

Section 10294 – Performance Standards for Deemed Approved Establishments#

1) In making that request; 3) making improvements to the establishment's property or operations, including, but not limited to, the installation of security cameras, the clearing of window obstructions, the cleaning and maintenance of the property, and the abatement of graffiti within three (3) days.§#

2) In the case of a deemed approved establishment, the performance standards as set forth in this Chapter. Based on this determination, the City Council may continue the deemed approved status for the establishment; modify the use by imposing reasonable conditions, including but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the performance standards; or may revoke the establishment's deemed approved status. If the City Council determines to impose further, new conditions on the establishment, such conditions shall be based upon the information then before it. In reaching a determination as to whether a deemed approved use has violated the performance standards, or as to the appropriateness of imposing additional or amended conditions, or revoking the deemed approved status, the City Council may consider the following:#

i. The length of time the establishment has been out of compliance with the operational standards as set forth in Section 10293.#

ii. The impact of the violation of the operational standards on the community.#

iii. Any information regarding the owner of the deemed approved establishment's Efforts to Remedy (as defined above) the violations of the operational standards.#

3) If in the judgment of the City Council, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance, and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the City Council may revoke the establishment's use permit, or deemed approved status, as applicable. If revoked, any continued operation of the business shall require a new Conditional Use Permit approved by the City Council. All determinations, decisions, and conditions made or imposed regarding the alcohol sales establishment's use or tobacco retailer's use shall run with the land.#

(Ord. No. 823, § 2(Exh. A), 1-6-25)