Sections:

The provisions of this chapter shall apply and govern all nonconforming uses of land, building and structures arising out of the application of the zoning title.

(Ord. 404 § 1 (part), 1978: prior code § 9600.)

A.

Termination of Use. The nonconforming use of land shall be terminated not later than three years after such use becomes nonconforming. As used in this section, the term "use of land" includes the use of land only and the use of accessory buildings or structures in conjunction with the use of land when the aggregate assessed value of such buildings or structures for tax purposes is not more than seven hundred and fifty dollars.

B.

Expansion Prohibited. The nonconforming use of land shall not be expanded or extended in any way either on the same or any adjoining land.

C.

Discontinuance or Change. The discontinuance of a nonconforming use of land or a change of nonconforming use constitutes abandonment and termination of the nonconforming use, and thereafter the use of the land must conform to the regulations of the applicable zone classification.

(Ord. 404 § 1 (part), 1978: prior code § 9600.1.)

A.

Termination of Use. The nonconforming use of a conforming building or structure shall be discontinued not later than five years after such use becomes nonconforming. As used in this section, the term "conforming building or structure" means a building or structure all or substantially all of which is designed or intended for a purpose or use permitted in the zone in which it is located.

B.

Expansion Prohibited. The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure.

C.

Discontinuance. The discontinuance of a nonconforming use of a conforming building or structure for a period of one hundred twenty days constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure shall conform to the regulations of the applicable zone classification.

(Ord. 404 § 1 (part), 1978: prior code § 9600.2.)

A.

Continuation of Use. The use of nonconforming buildings or structures may be continued subject to the following conditions: no additions or enlargements shall be made to such buildings or structures, except additions or enlargements required by law; or additions or enlargements if such additions or enlargements otherwise conform to the regulations in effect for the zone in which such buildings or structures are located.

B.

Expansion within Structure. The nonconforming use of a nonconforming building or structure may be expanded or extended throughout such building or structure provided that no structural alterations shall be made therein except as required by law.

C.

Nonconforming Use Change. The nonconforming use of a nonconforming building or structure may be changed to another use permitted in the same zone or a more restrictive use, provided that no structural alterations are made thereto.

D.

Sequence of Use Restriction. If the nonconforming use of a conforming building is changed to a use which is a more restrictive use, the sequence of the uses, the first being the most restrictive and the last being the least restrictive is as follows: one-family residential use, multiple-family residential use, office use, neighborhood commercial use, general commercial use, limited industrial use and heavy industrial use. When the use of a nonconforming building is changed to a use which is permitted in a more restrictive zone, such a nonconforming building shall not thereafter be used for a use which is permitted only in a less restrictive zone.

E.

Any use which conformed to the parking provisions prior to adoption of amendment on October 28, 1987 of the parking section increasing the number of parking spaces required, shall be allowed to be continued subject to the following:

1.

That no additions or enlargements shall be made to such building or structure except additions or enlargements required by law or additions or enlargements which otherwise conform to the regulations in effect for the zone and use in which the building is located;

2.

The nonconforming use may be changed to another use permitted in the same zone or the same classification in the zone or to a more restrictive use: provided, that no structural alterations are made thereto, other than interior modifications. The use shall also be subject to the provisions in Section 19.58.040 D dealing with sequence of use restrictions.

(Ord. 638 § 2, 1987; Ord. 404 § 1 (part), 1978: prior code § 9600.3.)

Temporary agricultural stands shall be determined nonconforming and shall cease and desist within ninety days from the date a conditional use permit is required therefor unless a conditional use permit is obtained and all conditions are satisfied.

(Ord. 512 § 11 (part), 1982.)

Whenever in any zone a nonconforming building or structure is involuntarily damaged or destroyed to the extent of fifty percent or less of its reasonable value, it may be restored and the occupancy or use of such building or structure or part thereof which existed at the time of such partial destruction may be continued, if such restoration is started within a period of twelve months of such damage or destruction and is diligently pursued to completion.

(Ord. 404 § 1 (part), 1978: prior code § 9600.4.)

Whenever in any zone a nonconforming building or structure is voluntarily removed, damaged or destroyed to the extent of fifty percent or less of its reasonable value, no repairs or reconstruction shall be made unless such portion of such building or structure is made to conform to the regulations of the new zone classification in which it is located.

(Ord. 404 § 1 (part), 1978: prior code § 9600.5.)

Whenever in any zone a nonconforming building or structure is removed or is voluntarily or involuntarily damaged or destroyed to the extent of more than fifty percent of its reasonable value, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to the regulations of the new zone classification in which it is located.

(Ord. 404 § 1 (part), 1978: prior code § 9600.6.)

In no event shall the repair or restoration of any building or structure increase or prolong the time within which the nonconforming use thereof must be terminated.

(Ord. 404 § 1 (part), 1978: prior code § 9600.7.)

The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot or parcel or a combination of contiguous lots or parcels of less area or frontage than that required by the regulation of such zone or subzone only if the owner or, if there is more than one, any one of the owners of such lot or parcel or combination thereof does not own, in whole or part, any adjoining property and has not owned, in whole or part, any adjoining property since September 27, 1978. Whenever use of land is permitted pursuant to this section, the side yard of any lot may be reduced to not less than ten percent of the average lot width or three feet, whichever is greater and a front yard setback of ten percent of the lot depth and a rear yard setback equal to ten percent of the depth but in no case shall the combined total exceed twenty-five feet.

(Ord. 404 § 1 (part), 1978: prior code § 9600.8.)

A variance or permit is granted automatically hereby, so as to permit the continuation of the particular existing uses of any building, structure, improvement or premises existing in the respective zones immediately prior to the time the ordinance codified in this chapter or any amendment thereof becomes effective if such existing use was not in violation of this or any other ordinance or law. Whenever the zone classification of any property is changed, any property being used pursuant to variance or permit may be used thereafter in the manner authorized by the variance or permit as a nonconforming use for the duration of the variance or permit.

(Ord. 404 § 1 (part), 1978: prior code § 9600.9.)

Notwithstanding any other provision of this code, no building permit shall be issued for any lot or parcel which results from a 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 that time unless, prior to the sale or split, a variance is obtained from the planning commission.

(Ord. 404 § 1 (part), 1978: prior code § 9600.10.)

Existing developments in the RPD-6U or greater zones which are mandated to have containers for the temporary storage of recyclable material which do not have sufficient area within the existing trash enclosure(s) are deemed to be nonconforming as of the effective date of the ordinance codified in this chapter. Each such nonconforming trash and recyclable enclosure shall be modified to provide sufficient area for the storage of trash and recyclables within two years from the date of the ordinance codified in this chapter. The enclosure shall be modified in accordance with a plan to be submitted for review and approval by the director of planning and community development.

(Ord. 905 § 2, 1998.)

(Ord. No. 2013, § 4(Exh. A), 7-26-2023)

Existing self-storage facilities at the time of adoption of the ordinance codified in this section are considered a legal nonconforming use and may remain in use; however, the use may not be expanded or extended into any other portion of the conforming building or structure in which the use is located. The discontinuance of a legal nonconforming use of a conforming building or structure for a period of one hundred eighty days or more constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure must conform to the regulations of the applicable zone classification. A change of ownership of a self-storage facility will not change the legal nonconformity status of the use.

(Ord. No. 2013, § 4(Exh. A), 7-26-2023)

A.

An existing antenna system, which has been constructed and in place at the time of adoption of the ordinance codified in this section, shall be considered a legal, nonconforming use if it does not comply with the current standards. However, the owner of an existing ground-mounted antenna system whose system has not previously been approved by the department of building and safety must submit an application for a building permit to the department of building and safety within one year of the date of the adoption of this chapter.

B.

A nonconforming antenna is no longer a legal nonconforming use if the antenna support structure is moved or if the height of the antenna support structure is increased, and such antenna is then subject to all the requirements of this chapter.

(Ord. 730 § 5, 1990.)

(Ord. No. 2013, § 4(Exh. A), 7-26-2023)

A.

Termination of Use. A public garage in the COT (Camarillo Old Town) zone shall be deemed a nonconforming use of a building or structure five years from the effective date of the ordinance codified in this section. Such nonconforming use shall then be immediately discontinued unless a conditional use permit is obtained.

B.

Expansion Prohibited. The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure unless a conditional use permit is obtained.

C.

Discontinuance. The discontinuance of a nonconforming use of a conforming building or structure for a period of one year constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure shall conform to the regulations of the applicable zone classification.

D.

Any change of ownership of a public garage, as defined in Section 19.04.335, in the COT zone will not change the nonconformity status of the use or the time period for compliance.

(Ord. 898 § 3, 1998.)

A.

Termination of Use. A drinking establishment shall be deemed a nonconforming use of a building or structure five years from the effective date of the ordinance codified in this section. Such nonconforming use shall then be immediately discontinued unless a conditional use permit is obtained.

B.

Expansion Prohibited. The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure unless a conditional use permit is obtained.

C.

Discontinuance. The discontinuance of a nonconforming use of a conforming building or structure for a period of one year constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure shall conform to the regulations of the applicable zone classification.

D.

Any change of ownership of drinking establishments as defined in Section 19.04.278 will not change the nonconformity status of the use or the time period for compliance.

(Ord. 871 § 5, 1997.)

Large day care facilities properly licensed at the time of adoption of the ordinance codified in this section may remain in use; however, all applicable city approvals and licenses shall be applied for within ninety days from the effective date of the ordinance codified in this section, except as otherwise expressly provided herein.

(Ord. 773 § 14, 1993.)

Off-sale alcoholic beverage establishments properly licensed at the time of adoption of the ordinance codified in this section are considered a legal nonconforming use and may remain in use; however, the use may not be expanded or extended into any other portion of the conforming building or structure in which the use is located unless a conditional use permit is obtained. The discontinuance of a legal nonconforming use of a conforming building or structure for a period of one hundred eighty days or more constitutes abandonment and termination of the nonconforming use, and thereafter the use of the conforming building or structure must conform to the regulations of the applicable zone classification. A change of ownership of an off-sale alcoholic beverage establishment will not change the legal nonconformity status of the use.

(Ord. 1029 § 12, 2008.)

A.

Prohibition—Record Owner. It is unlawful for any record owner of land to use or permit to be used the land or any building or structure thereon for any nonconforming use which is in violation of this nonconforming section of the title.

B.

Prohibition—Lessee or Sublessee. It is unlawful for any lessee or sublessee of real property to use or permit to be used the leased premises of any building or structure thereon for any nonconforming use which is in violation of the nonconforming section.

(Ord. 404 § 1 (part), 1978: prior code 9600.11.)

In addition to the penalties provided, any nonconforming use caused or permitted to exist in violation of any provision of this chapter is a public nuisance and is subject to summary abatement by the city, in which case the city may recover from the owner of the land or the owner of such public nuisance, in an action brought in the name of the city for that purpose, the city's expense of removal of such public nuisance including court costs and reasonable attorney's fees to be fixed by the court.

(Ord. 404 § 1 (part): prior code § 9600.12.)

Notwithstanding any other provision of this chapter, no parcel of land shall be considered nonconforming within the purview of the nonconforming section if such parcel were rendered nonconforming as a result of a conveyance of any interest in the parcel to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction.

(Ord. 404 § 1 (part), 1978: prior code § 9600.13.)

A.

It is recognized that in the development of comprehensive zoning regulations:

1.

Not all uses of land can be listed, nor can all future uses be anticipated;

2.

A use may have been omitted from the list of those specified as permissible in each of the various zones in this title designated; or

3.

Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.

Hence, the phrase, "other uses which the commission may determine to be similar to those listed above and not more obnoxious or detrimental to other uses permitted in the zone or to the public health, safety, and welfare," appears under "uses permitted" in each zone.

(Ord. 403 § 1 (part), 1978: prior code § 9601(A).)

A.

When an unlisted use is proposed for a particular zone or when classification of an unlisted use is requested, it shall be the duty of the commission to ascertain all pertinent facts concerning the use and by resolution of record set forth its findings and the reasons for designating a specific classification for such use.

B.

Findings. In permitting or classifying an unlisted use, the commission shall first make a finding that all of the following conditions exist:

1.

That the use is in keeping with the stated intent and purpose of the zone;

2.

That field investigations have disclosed that the subject use and its operation are compatible with the uses permitted;

3.

That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located; and

4.

That the subject use will not cause substantial injury to the values of property in the zone within which it is proposed to be located.

(Ord. 403 § 1 (part), 1978: prior code § 9601(B).)

The temporary use permit is intended to allow for the short-term placement of uses on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A.

Uses that that are substantially similar to those listed as permitted uses in the applicable zone, which, in the opinion of the director, are compatible with the district and surrounding land uses. In making such a compatibility determination, the director must first make all the findings set forth in Chapter 19.60, Section 19.60.020(B) of this code.

B.

Uses that are conditionally permitted in the applicable zone.

C.

Nonconforming uses that can be made compatible with the surrounding uses and area through the imposition of conditions under the temporary use permit.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A.

A temporary use permit approved by the director must be issued prior to the commencement of any requested temporary use.

B.

Applications for a temporary use permit and the extension of a temporary use permit must be filed with the department on the form provided.

C.

The director may issue a temporary use permit for a period up to six months.

D.

A one-time extension of a temporary use permit may be approved by the director for a period up to six months. The director may approve, conditionally approve, or deny the extension, as deemed necessary to protect the health, safety and welfare of the community, as though the temporary use extension was a new application for use. The completed application for time extension must be submitted thirty days in advance of the expiration of a previously permitted temporary use. No additional time extensions may be approved.

E.

A public hearing will not be required prior to the issuance of a temporary use permit, or for an extension of a temporary use permit; provided, however, the director sends written notice to all property owners located within three hundred feet of the lot lines of the lot or lots of the property where the proposed temporary use is to be located, advising them that an application for a temporary use permit or extension of a temporary use permit has been received and that the director intends to approve the application within not less than ten days. The notice will request that the property owner contact the director with any questions or concerns prior to the proposed date of approval so that such comments may be considered. The director's decision to approve or deny a permit application will be final and conclusive on the tenth consecutive calendar day following the date of the director's decision, unless an effective, timely, and complete appeal application is filed, or a city council review is ordered as provided in Section 19.61.080.

F.

Temporary uses may be subject to conditions of approval as set forth in Section 19.61.050, additional permits, other city department approvals, licenses, and inspections as required by any applicable law or regulation.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A.

The director may approve a temporary use permit application or a time extension for a temporary use permit, only when all of the following findings can be made:

1.

The use may be permitted under the applicable subsection of Section 19.61.020

2.

The operation of the requested use at the location proposed and within the time period specified will not jeopardize the public health, safety, or general welfare, or be injurious or detrimental to properties adjacent to or in the vicinity of the proposed location of the temporary use.

3.

The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

4.

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.

5.

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the director.

The director must prepare a written decision on the approval or denial of a temporary use permit application or time extension application within thirty calendar days after a complete application has been filed, which must contain the findings of fact upon which the decision is made.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

In approving an application for a temporary use permit, or the extension of a temporary use permit, the director may impose conditions that are deemed necessary to ensure that the use will be in accordance with the findings required by Section 19.61.040. These conditions may involve any factors affecting the operation of the temporary use or event and may include, but are not limited to:

1.

Provision of temporary parking facilities, including vehicular ingress and egress.

2.

Regulation of nuisance factors such as prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

3.

Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

4.

Provision of sanitary facilities.

5.

Provision of solid waste collection and disposal.

6.

Provision of security and safety measures.

7.

Regulation of signs.

8.

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested.

9.

Submission of a performance bond or other security to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition.

10.

Submission of a site plan indicating any information required by this chapter.

11.

A requirement that approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other laws.

12.

Other conditions that will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

The director may revoke a temporary use permit, or if the permit was granted by either the planning commission or the city council, then the director may recommend to such body that the permit be revoked in accordance with the following procedures:

A.

A revocation hearing will be held by the director or the body that initially granted the permit. Notice of the hearing must be published once in a newspaper of general circulation within the city and must be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing must contain a statement of the specific reasons for revocation.

B.

After the hearing, the temporary use permit may be revoked by the director, or by the body that initially granted the permit, if any one of the following findings are made:

1.

That the temporary use permit was obtained by misrepresentation or fraud.

2.

That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation.

C.

A written determination of revocation of a temporary use permit will be mailed to the property owner and the permit holder within ten days of such determination.

D.

The decision of the director or the planning commission to revoke a temporary use permit will be final and conclusive on the tenth consecutive calendar day following the date of the decision, unless an effective timely and complete appeal application is filed or a city council review is ordered as provided in Section 19.61.080.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A.

Notice of any approved temporary use permit or extension of a temporary use permit must be filed with the city clerk and the secretary of the planning commission for immediate notice of the action. Notice must also be mailed to all property owners within three hundred feet of the lot lines of the lot or lots of the subject property.

B.

Notice of any denial or revocation of a temporary use permit must be filed with the city clerk and the secretary of the planning commission for immediate notice of the action.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

Any person may appeal an action of the director to the planning commission, and an action of the planning commission to the city council, and the city council may issue an order of review of an action of the director or planning commission, as to the approval, conditions of approval, denial, or revocation of a temporary use permit in accordance with the following procedures:

A.

Form of Appeal. An appeal of a decision of the director or the planning commission of the approval, conditions of approval, denial, or revocation relating to a temporary use permit will not be valid or effective for any purpose unless it meets all of the following requirements:

1.

Each such appeal must be in writing on a form provided by the director, and must identify the action to which the appeal relates; and

2.

Each such appeal must be filed with the director prior to the decision to which the appeal relates becoming final; and

3.

Each such appeal must be accompanied by a processing fee in an amount set by resolution of the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within five hundred feet of the lot lines of the lot or lots which are the subject of the temporary use permit, or

c.

Any interested person.

B.

Effectiveness of an Appeal. No appeal will be deemed complete nor effective for any purpose unless it complies with all of the provisions of this section.

C.

Review by City Council. Notwithstanding any other provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before the director's or planning commission's decision becomes final, may issue an order to review, de novo, the director's or planning commission's decision relating to the temporary use permit ("order of review").

D.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review will stay the decision of the director or planning commission to which the appeal or order of review relates, pending planning commission action on an appeal or city council action on an appeal or order of review of the matter.

E.

Action of the Secretary of the Planning Commission. Upon the timely filing of an effective appeal of the director's decision, the secretary of the planning commission must:

1.

Set the matter for hearing at the next most convenient meeting of the planning commission; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and each person or legal entity who owns real property located within three hundred feet of the lot lines of the lot or lots which are subject of the director's decision.

F.

Action of City Clerk. Upon the timely filing of an effective appeal of the planning commission's action, or the adoption of a timely order of review, the city clerk must:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and each person or legal entity who owns real property located within five hundred feet of the lot lines of the lot or lots which are subject of the planning commission decision.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council will conduct a de novo hearing on the matter, at which time all interested persons will be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant will have the burden of proof to show the existence of the facts which warrant the granting of the temporary use permit.

H.

City Council Decision. The city clerk will give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination will be final and conclusive subject only to judicial review.

(Ord. No. 1103, § 3(Exh. A), 2-11-2015)

A.

The conditional use permit is intended for those types of land uses which require special consideration in a particular zone or in the city as a whole due to: the size of the area needed for full development of such use; the unusual traffic, noise, vibration, smoke or other problems incidental to its operation; special locational requirements not related to zoning; or to the effect that such uses may have on property values, health, safety, and welfare in the neighborhood or in the community as a whole. It is also for uses whose approximate location is indicated on the general plan but whose exact location and arrangement must be carefully studied. In granting the permit, certain safeguards to protect the health, safety, and general welfare may be required as conditions of approval.

B.

Uses existing on the effective date of the ordinance codified in this chapter which are listed as permitted subject to conditional use permit or special use permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use may require a conditional use permit for such extension or expansion.

C.

Uses listed in the individual zones as "uses permitted by conditional use permit" may be permitted in such zones subject to the provisions of this section. The community development director ("director") or planning commission ("commission") is authorized to review and approve or disapprove the use. The director or commission's action is final unless appealed in accordance with this chapter.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

The following uses may be permitted pursuant to the issuance of a conditional use permit in accordance with this section in any zone except where expressly prohibited:

A.

Temporary construction office and yard on or adjacent to where a project has been approved;

B.

Public utility structures and installations;

C.

Radio or television transmitters.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Before any conditional use permit is approved, the applicant must show and the director or planning commission must so find as follows:

A.

That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this title;

B.

That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;

C.

That the site for the intended use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls or fences, landscaping and other features required in order to adjust the use to those existing or permitted future uses on land in the neighborhood;

D.

That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use;

E.

That the conditions set forth as part of the approval of the conditional use permit are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include:

1.

Regulation of use,

2.

Special yards, spaces and buffers,

3.

Fences and walls,

4.

Surfacing of parking areas subject to city specifications,

5.

Requiring street, service road or alley dedications and improvements or appropriate bonds,

6.

Regulation of points of vehicular ingress and egress,

7.

Regulation of signs,

8.

Requiring landscaping and maintenance thereof,

9.

Requiring maintenance of the grounds,

10.

Regulation of noise, vibration, odors, etc.,

11.

Regulation of time for certain activities,

12.

Time period within which the proposed use shall be developed,

13.

Phasing of improvements,

14.

Type of materials to be utilized in the construction,

15.

Duration of use, and

16.

Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

Filing. Each application for conditional use permit must be verified before a notary public by the owner of the land or building, or the lessee of the land or building having a leasehold interest of not less than twenty-five years.

B.

Form and Contents. Applications must be made to the director or planning commission on forms furnished by the planning department and must be full and complete, including such data as an ownership list and map of all property owners within a six-hundred-foot radius of the subject property taken from the last equalized ownership list and additional information that may be prescribed by the director or commission to assist in determining the validity of the request. Incomplete applications will not be accepted for filing.

Development plans and elevations of the proposed development must be submitted as a part of any application with sufficient number as determined by the director in accordance with the following:

1.

An accurately dimensioned plot plan showing existing and proposed topography, all proposed building, parking, landscaping areas, walls and all existing or proposed streets within a three- hundred-foot radius of the property;

2.

The dimension of all yards, setbacks, parking area, driveways and square footage of all building landscaping and building coverage;

3.

The elevation of all buildings proposed with a notation of the type of material proposed in addition to a color and material sample.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

When the application for a conditional use permit is filed, a uniform fee as set forth by city council resolution must be paid for the purpose of defraying the costs incidental to the proceedings.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

The planning department may investigate the facts bearing on the case to provide the information necessary for action consistent with the intent of this title and the general plan, and will report the findings to the director or commission, as appropriate for their approval.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

An administrative review of the requested conditional use permit will be conducted by planning department staff and presented to the director for review following compliance with the California Environmental Quality Act.

B.

Notice of the director administrative review will be provided in accordance with Chapter 19.84.

C.

The director may refer the application to the planning commission for review and determination of approval or denial.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

The director will, not less than ten nor more than thirty days after the publication of the legal notice of an administrative review on a conditional use permit petition, conduct the administrative review unless continued by the director.

B.

At the administrative review, the director may consider all relevant evidence, including but not limited to applicable staff reports and public testimony. The director will give any interested person a reasonable opportunity to provide comment in conjunction therewith. Based upon the evidence so presented, the director will issue their decision on the application.

C.

The director will announce and record in writing their decision within thirty days after the conclusion of the administrative review. The decision will set forth the findings of the director and any conditions deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the city as a whole. The findings will be based on substantial evidence in view of the whole record.

D.

The decision and findings will be mailed to the applicant at the address shown on the application. The action of the director is final unless appealed pursuant to this chapter.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

The applicant and any interested person have the right to appeal the decision of the director on an administrative conditional use permit to the planning commission before it becomes final. The timely filing of an appeal will stay the decision of the director to which the appeal relates, pending the planning commission action on the matter. An appeal is deemed timely and complete if it complies with all of the following:

1.

The appeal must be written and filed with the director within ten days after the director's decision;

2.

The appeal must state the specific ground(s) for appeal; and

3.

The appeal must be accompanied by a processing fee in an amount set by city council resolution to defray the cost of processing the appeal.

B.

This appeal will follow the procedures set forth in Sections 19.62.070 and 19.62.080.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

The hearing date will be set by the community development department following compliance with the California Environmental Quality Act.

B.

Notice of the public hearing will be provided in accordance with Chapter 19.84.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

The planning commission will, not less than ten nor more than thirty days after the publication of the legal notice of a public hearing on a conditional use permit petition, hold the public hearing unless continued by the planning commission.

B.

At the hearing, the planning commission may consider all relevant evidence, including but not limited to applicable staff reports and public testimony. The planning commission will give any interested person a reasonable opportunity to present testimony in conjunction therewith. Based upon the evidence so presented, the planning commission will issue their decision on the application.

C.

The planning commission will announce and record in writing its decision within thirty days after the conclusion of the public hearing. The decision will set forth the findings of the planning commission and any conditions deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the city as a whole. The findings will be based on substantial evidence in view of the whole record.

D.

The decision and findings will be filed with city council within ten days after its announcement, and a copy thereof will be mailed to the applicant at the address shown on the application. The action of the planning commission is final unless appealed, pursuant to this chapter.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission granting, denying or conditionally granting an application for a conditional use permit ("CUP") is final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed, or a city council review is ordered as provided in this Section 19.62.090.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a CUP will not be valid or effective for any purpose unless it meets all of the following requirements:

1.

Each such appeal must be in writing on a form provided by the director of planning and community development of the city ("director"), and must identify the planning commission's action to which the appeal relates; and

2.

Each such appeal must be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3.

Each such appeal must be accompanied by a processing fee in an amount set by the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the CUP, or

c.

Any interested person.

C.

Effectiveness of an Appeal. No appeal will be deemed complete nor effective for any purpose unless it complies with all of the provisions of this Section 19.62.090.

D.

Review by City Council. Notwithstanding any of the provisions of this Section 19.62,090 to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this Section 19.62.090 may issue an order to review, de novo, a planning commission decision relating to a CUP .

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review will stay the decision of the planning commission to which the appeal or order of review relates pending the city council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council will conduct a de novo hearing on the matter, at which time all interested persons will be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant has the burden of proof to show the existence of the facts which warrant the granting of the CUP.

H.

City Council Decision. The city clerk will give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination is final and conclusive subject only to judicial review.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Unless otherwise stated by the director, planning commission, or council, the time limit for commencement of construction or inauguration of the use under a conditional use permit will be one year from the effective date of approval. Extension of the time limit, not to exceed two years, may be approved by the director of planning and community development upon demonstration of cause by the applicant.

The action of the director extending the time limit may be appealed by the applicant to the planning commission.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A conditional use permit is effective after an elapsed period of ten days from the date of the approval or resolution of record authorizing the permit unless an appeal is filed.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

Minor revisions to a development plan approved as part of a conditional use permit may be made after review and approval by the director. Minor revisions as used in this chapter may in no way violate the intent of any of the standards or conditions of the permit.

B.

Revisions other than minor revisions, as defined above, may be made pursuant to the regular conditional use permit procedure set forth in this chapter.

C.

All copies of the approved revised development plan must be dated and signed by the planning department and made a part of the record of the subject conditional use permit. One copy of the approved revised site plan will be mailed to the applicant.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Notwithstanding anything to the contrary in this chapter, the specific uses set forth in Sections 19.62.140 through 19.62.161 must conform to the following specific conditions in addition to those set forth in each zone and such conditions approved by the director or the planning commission.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

The application for a conditional use permit for a quarry, sand pit, or gravel pit must include a contour map indicating operating sites, structures and all improvements including the extremities of the proposed quarry. The application must further submit a report in detail indicating the method if quarry operation, which report must include an outline of the sequence and pattern of mineral excavation. This must include the number spacing, depth of drill holes, and amount of explosives to be used per hole. The maximum height of quarry face for mining and blasting purposes may not exceed twenty- five feet. The planning commission upon receipt of this plan may require at the operator's expense a geophysical survey to determine the seismic effects of the proposed blasting pattern, which may be the basis for limiting the size of blast.

B.

Quarries, sand pits, and gravel pits must comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit:

1.

No rock or mineral crushing or treatment of minerals may be permitted.

2.

Accessory building may be used solely for the storage and maintenance of equipment and operating offices.

3.

No building may be closer than one thousand feet from any approved public street or highway.

4.

Quarry operations must not be closer than one-half mile from any residential zone.

5.

The hours of operation may be limited from eight a.m. to six p.m. from Monday through Friday.

6.

Removal of minerals pursuant to this section must be conducted so as to limit the emanation of smoke and dust as provided by the standards set forth in chapters of this title.

7.

All operations excepting blasting may not exceed sixty-five decibels as measured from any approved public street or highway.

8.

All drill holes must be tamped to minimize the sonic effects of blasts. No charges may be exposed to the air during detonation.

9.

All roads from the site to any public street or highway must be paved with suitable asphaltic material on a prepared base as per specifications of the director of public works to a width of twenty-eight feet to prevent the emanation of dust.

10.

Upon completion of all operations, or operations at any one point, all excavations as well as mounds of waste material must be graded and the premises restored as near as possible to original conditions and contours or in accordance with the plan approved by the planning commission.

C.

All operations must be covered by public liability and property damage insurance as required by the city.

D.

Upon cessation of operations for a period of six months, this permit will terminate and all structures and equipment must be removed.

E.

To guarantee compliance with conditions set forth in this section and in the conditional use permit, the operator must post and maintain with the city a performance bond of one hundred thousand dollars, conditioned that the city may enter and restore the premises and recover all its costs.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

Arcades, as defined in Section 19.04.072, must comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit:

1.

If any wall of the arcade is in common with a commercial, office or residential use, such wall must have a sound transmission class rating of fifty-four unless the planning commission makes a specific finding that the use adjoining the wall would not be adversely affected by noise from the arcade.

2.

A minimum of one bicycle rack space must be provided for every two mechanical or electronic games operated in the arcade. The required bicycle racks must be placed for convenient access and use by the arcade, but not in such a location as to create a public safety or nuisance problem in relation to adjoining businesses, nor may they be placed in locations requiring the removal of required parking or required on-site landscaping.

3.

A person may not enter, be or remain in any part of an arcade while in possession of, consuming, using or under the influence of any drug or alcoholic beverage. Owners, operators, managers and employees of an arcade may not permit any such person to enter or remain upon the arcade premises. Establishments holding a valid license from the alcoholic beverage control for on- premises sale of alcoholic beverages are exempted from the provisions of this subsection related to alcoholic beverages, provided that no persons under the age of twenty-one are permitted in the arcade area where alcoholic beverages are permitted.

4.

At least one responsible adult must be in attendance at all times that the arcade is open and must provide adequate management and control over the activities at the arcade premises.

5.

Public restroom facilities must be provided on the arcade premises.

6.

No arcade may be located within five hundred feet of the property boundary of any public or private school having any grades of kindergarten through twelfth.

7.

A minimum of two footcandle illumination must be maintained in all parts of the premises when the arcade is open.

B.

No owner, operator, manager or employee of an arcade may violate or cause to be violated any of the provisions set forth in Section 19.62.145 or any conditions attached to the conditional use permit for an arcade.

C.

In addition to any other provisions of law or this code:

1.

Operation of a business in violation of the provisions of this section or the conditional use permit governing the arcade may be grounds for revocation or non-renewal of any license, permit, or other entitlement authorizing the conduct of such business or any other business, if the business includes the operation of arcades.

2.

Further, violation of the provisions of this section is a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the state of California.

D.

The conditional use permit issued to an arcade will be subject to review within six months from the date of approval. If the arcade is not being operated in accordance with the provisions of this code or chapter or the conditions attached to the conditional use permit, then the conditional use permit may be modified in accordance with this chapter or revoked in accordance with Section 19.62.170.

If the arcade is not being operated in accordance with the provisions of this chapter and all conditions attached to the conditional use permit, then the director of planning and community development will cause a public hearing to be held before the planning commission in accordance with the provisions of Sections 19.62.070 and 19.62.080. The decision of the planning commission may be subject to appeal in accordance with Section 19.62.090.

E.

Any person operating an arcade as defined in Section 19.04.072 on the date this section becomes effective must obtain a conditional use permit in accordance with the provisions of this section within six months of the effective date of the ordinance codified in this section.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Editor's note— Urgency Ord. No. 1108, § 6, adopted March 11, 2015 and Ord. No. 1109, § 6, adopted March 25, 2015, repealed § 19.62.147, which pertained to wireless telecommunications and derived from Ord. 911 § 4, 1999.

Open storage yards for junk, auto wrecking, and other waste products must comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit:

A.

Location. The minimum distance from the site to a residential zone, school, park, playground, church, museum or similar use must be at least five hundred feet.

B.

Screening. The site must include at least an eight-foot-high wall on all sides and storage must not exceed the height of the wall.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

It is declared to be in the interest of the public health, safety, welfare and the purpose and intent of this section that the following conditions must be imposed and made a part of any conditional use permit for oil and gas drilling and extraction hereafter issued:

A.

Soundproofing. Whenever the drilling or redrilling of any oil or gas well is situated within five hundred feet of any dwelling not owned by the permittee, or if applicable, the lessor of the permittee, the derrick, portable rig and machinery or equipment used to operate in connection with drilling must be enclosed with fire-resistant and soundproofing material unless the director is furnished written consent to waiver such condition by all owners and tenants of the dwellings. If a noise nuisance develops after written consent has been given and if inspection under supervision of the director sustains that the noise level constitutes a nuisance, the original provisions of soundproofing will prevail.

B.

The exercise of any right granted by the permit must conform in all respects to the regulations and requirements of the California State Regional Water Pollution Control Board No. 4 and the California Division of Oil and Gas; and that all water, mud, oil, or any other substances removed as waste material from the land for which the permit is issued must be deposited in a disposal site approved by the planning commission and the California State Regional Water Pollution Control Board.

C.

No earthen sump may be constructed or maintained within five hundred feet, and no drilling may be permitted within one hundred feet of any natural channel in which there is or may be flowing water.

D.

Within ninety days after a well is producing, the derrick, all boilers and all other drilling equipment must be removed from the premises unless permission to store them on the premises is obtained from the planning commission.

E.

All sumps, or debris basins, or any depressions, ravines, gullies, barrancas or the like which are used for the impounding or depositing of water, mud, oil, or any other fluid, semifluid, or any combination thereof, must be fenced. When any such place is located more than one-half mile away from any school, playground or dwelling, it must be enclosed by a cattle fence with wood or steel posts not less than four feet above the ground with not less than three strands of barbed wire secured horizontally to posts. When any such place is located within one-half mile of any school, playground or dwelling, it must be enclosed by a wire fence of a wire mesh type with a maximum of two inches by four inches opening, and the fence must be secured to steel posts not less than five feet in height above the ground, and the posts must have forty-five-degree arms attached to top of posts with three strands of barbed wire attached thereto.

F.

No permanent buildings or structures may be erected within one hundred feet of boundaries.

G.

The permittee must at all times comply with the provisions of the Public Resources Code of the state relating to the protection of underground water supply and in connection with oil and gas extraction.

H.

Upon abandonment of any well or cessation of drilling operations, all earthen sumps or other depressions containing drilling mud, oil, or other waste products from the drilling operation must be cleaned up by removing such waste products or by consolidating all mud, oil, or other waste products into the land by disking, harrowing, and leveling to restore the land to the condition existing prior to the issuance of this permit as nearly as practicable to do so.

I.

Transfer of Permit. Unless otherwise provided in the terms of a permit, the permit will expire no later than when the permittee's ownership, lease or other right to develop the property in the manner described in the application is terminated. A permit may be transferred to another person only with the approval of the planning commission. A transfer will be null and void unless and until (1) the planning commission has approved the transfer, (2) the planning commission has been furnished satisfactory evidence of the transfer, (3) the transferee files with the planning commission a writing wherein he obligates himself to comply with every term and condition of the permit, and (4) the transferee has filed an approved bond.

J.

No drilling or other uses for which this permit is granted may be commenced or continued unless and until the permittee has filed, and the director has accepted, a bond in the penal amount of twenty-five thousand dollars for each well that is drilled or to be drilled. Any operator may, in lieu of filing such bond for each well drilled, redrilled, produced or maintained, file a bond in the penal amount of one hundred thousand dollars to cover all operations conducted in the city, a political subdivision of the state, conditioned upon the permittee's wilfully and truly obeying, fulfilling and performing each and every term and provision of the permit, and that in case of any failure by the permittee to perform or comply with any term or provision thereof, the planning commission may, by resolution, declare the bond forfeited and the sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the bond to the city. The forfeiture of any bond will not insulate the permittee from liability in excess of the sum of the bond for damages or injury or expense or liability suffered by the city from any breach by the permittee of any term or condition of the permit or any applicable ordinance or of this bond. The transfer of this permit, as provided for in this chapter, will not be effective unless and until the transferee has also complied with this condition for posting an approved bond.

K.

All drilling and production operations must be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration or noxious odors, and must be in accordance with the best accepted practices incident to drilling for and the production of oil, gas and other hydrocarbon substances. Where economically feasible, generally accepted and used technological improvements for reducing factors of nuisance and annoyance must be employed by the permittee.

L.

A certificate of insurance for property damaged and public liability in the amount of five hundred thousand dollars and one million dollars for bodily injury must be provided.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Temporary agricultural stands must comply with the following conditions in addition to the general provisions and other conditions imposed for a conditional use permit:

A.

There will be no more than one temporary agricultural stand per parcel, with a minimum of one acre in area, and there will exist a minimum separation of one thousand feet between stands except for legal existing stands.

B.

The stand must be located to provide appropriate setback from the existing or proposed right-of- way to insure adequate ingress or egress and parking area.

C.

The stand must be constructed of wood material and its floor area must be at least approximately five hundred square feet. In addition, a trailer may be used for storage and include a refrigeration unit with location to be approved as part of the conditional use permit application.

D.

There may be no more than one sign on the stand in accordance with the sign provisions contained in Title 17.

E.

The stand must be used for sale of produce or flowers grown on the parcel; in addition, it may be used for sale of produce or flowers grown in the city of Camarillo or Ventura County; however, in no case may it be used for the sale of prepackaged products.

F.

The parking area must be graded to create a level condition with a surface consisting of either rock or another material approved by the director which prevents the generation of dust.

G.

No vehicle, cart or wagon may be located on or nearby the parcel for the purpose of attracting attention or traffic to the stand by the use of signs or otherwise except for those uses as permitted under this section.

H.

The property owner or applicant must post bond sufficient to guarantee removal of the stand and must provide the city with written consent to remove it in the event the CUP is revoked and the stand is not removed within the time specified by the revocation decision.

I.

The stand may be licensed as a general retail use in accordance with the Camarillo business license provisions.

J.

If the stand is not in use or the land is not in production for a one-hundred-eighty-day period, the use will be deemed voluntarily abandoned and the CUP will be subject to revocation proceedings.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Recycling facilities—Intermediate must comply with the following conditions in addition to the general provisions and other conditions imposed for a conditional use permit:

A.

Location. A recycling facility must be appurtenant to a primary use;

B.

Construction. A recycling facility must be constructed of durable, waterproof and rustproof material fixed on the site with the color, design and materials approved under the conditional use permit;

C.

Parking. A recycling facility must not block or obstruct parking required for the primary use of the property and must provide parking as provided in Chapter 19.44;

D.

Signage. A recycling facility must be clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to call if problems occur at the facility. The total sign area must be in accordance with the sign ordinance;

E.

Mechanical Equipment. A recycling facility may not use any power-driven processing equipment except for reverse vending machines;

F.

Lighting. A recycling facility must be illuminated to ensure safe and comfortable operation if hours are between dusk and dawn;

G.

Hours of Use. A recycling facility's hours of use may match but may not exceed those of the host use;

H.

Siting. A recycling facility's location is subject to the review and approval of the conditional use permit;

I.

Materials. A recycling facility may accept glass, aluminum and bi-metals, plastic containers, and include a deposit area for newspapers;

J.

Storage. A recycling facility must store all recyclable materials within recycling machines or containers which must be screened from view with the location and screening approved under the conditional use permit;

K.

Maintenance. A recycling facility must be maintained free of litter;

L.

Noise. A recycling facility must comply with noise standards established by the noise ordinance;

M.

Landscaping. A recycling facility may not remove or impair on-site landscaping and may require additional landscaping to be provided depending on the location and design of the recycling facility.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Recycling facility—large may be required to comply with the requirements for the recycling facility— intermediate and the following conditions in addition to the general provisions and other conditions imposed for a conditional use permit:

A.

Location. A recycling facility—large must not abut a property zoned or planned for residential use;

B.

Screening. A recycling facility—large must be screened by landscaping or by a six-foot high block wall or fence, as determined by the planning commission during review of application, unless the fence is used for screening of outside storage, then an eight-foot-high block wall or fence would be required;

C.

Storage. All exterior storage of materials must be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material must be constructed of inflammable material. No storage will be visible above the height of the fencing;

D.

Hours of Operation. Hours of operation may be limited by the planning commission through the conditions of project approval;

E.

Parking. Spaces will be provided on site as set forth under Chapter 19.44;

F.

Processing. Power-driven processing, including aluminum foil and can compacting, bailing, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material may be approved at the discretion of the planning commission if noise and other conditions are met.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Day care nurseries, short-term, must comply with the following conditions in addition to the general provisions and other conditions imposed for a conditional use permit:

A.

Day care nurseries, short-term, are to provide thirty-five square feet of usable indoor area per child.

B.

Day care nurseries, short-term, are to provide seventy-five square feet of outdoor play area per child. Area is to be secured and screened with a six-foot-high wall or wrought iron fence. Location of outdoor areas is subject to approval of the conditional use permit.

C.

Parking for day care nurseries, short-term, is to be in conference with subsection G of Section 19.44.050.

D.

A copy of the license from the state to operate the day care nurseries, short-term, is to be submitted to the planning department within thirty days of occupancy. All state and/or county licenses to be attained prior to occupancy.

E.

When the use occupies space in a multi-tenant building, methods will be employed as necessary to attenuate excess noise to the adjoining tenants. An acoustical analysis or other method as approved by the director may be required to satisfy this requirement.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Emergency shelters and transitional housing that are subject to this chapter, must comply with the following conditions in addition to the general provisions and other conditions imposed for a conditional use permit:

A.

Management Plan. The emergency shelter and transitional housing provider must have a written management plan, including as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and training, counseling, and treatment programs for residents.

B.

General Property Development Standards. The facility must conform to all property development standards of the zoning district in which it is located, except as modified by this section.

C.

Maximum Number of Persons/Beds. The facility may not contain more than forty beds or serve more than forty homeless persons at any one time.

D.

Lighting. Exterior lighting is permitted subject to the procedures and regulations of Chapter 19.47 of this code.

E.

Laundry Facilities. The facility must provide laundry facilities adequate for the number of residents.

F.

Common Facilities. The facility may provide one or more of the following specific common facilities for the exclusive use of the residents:

1.

Central cooking and dining room;

2.

Recreation room.

G.

Security. Parking facilities must be designed to provide security for residents, visitors and employees.

H.

On-site Parking. On-site parking is subject to the requirements set forth in Chapter 19.44 of this code.

I.

Outdoor Activity. Outdoor activities may only be conducted between the hours of eight a.m. to ten p.m.

J.

Concentration of Uses. No more than one facility is permitted within a radius of one thousand feet from another emergency shelter or transitional housing facility.

K.

Refuse. Facilities must provide a refuse storage area that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for the parcel. The refuse enclosure must be accessible to refuse collection vehicles.

L.

Shelter Provider. The agency or organization operating the facility must comply with the following requirements:

1.

Emergency shelters are to be available to residents for no more than sixty days. Extensions up to a total stay of one hundred eighty days may be provided, if no alternative housing is available.

2.

Staff and services must be provided to assist residents to obtain permanent shelter and a steady source of income. These services must be available at no cost to all residents.

3.

The provider may not discriminate in any service provided.

M.

Where these provisions conflict with the general provisions or any other applicable law in this title or otherwise, the more restrictive provisions control.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022; Ord. No. 2008, § 4(Exh. A), 4-12-2023)

Agricultural plant nurseries, retail in the RE-40 AC Zone must comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit:

A.

The nursery may be used for sale of plants, where the majority of the plants for sale are farmed and grown on the premises. A limited amount of planting supplies such as garden pots and compost may be sold.

B.

The size and location of any commercial signage may be determined by the Planning Commission, but in no case exceed one on-site sign with a maximum of forty square feet in area.

C.

A paved parking area must be provided in accordance with the standards contained in Section 19.44.270 (Parking area improvement).

D.

Parking and setback areas must contain permanent landscaping and irrigation in accordance with the standards contained in Section 19.44.260 (Landscaping of parking areas).

E.

All buildings on the property must be of a permanent type of construction, made of durable, high- quality materials that are compatible with the surrounding area.

F.

Any fences or walls on the property must comply with Section 19.12.100 (Fences and walls). Acceptable fencing materials may consist of masonry, wrought iron, durable vinyl, or other similar durable materials, as approved by the Director of Community Development.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Agricultural wineries in the RE-40 AC Zone must comply with the following provisions in addition to the development criteria of the zone and conditions imposed for the conditional use permit:

A.

The minimum area devoted to a winery must be four acres or larger in size on a parcel in the RE- 40 AC Zone.

B.

No restaurant may be allowed. Only a limited amount of food service may be allowed in conjunction with wine tasting. Food service will be limited to crackers, appetizers, and hors d'oeuvres; however no full meals may be served on the premises unless otherwise approved through a Special Event Permit.

C.

Wine tasting and sales may include only wine which is produced or bottled on the premises, and may include wine which is produced for the winery and sold under a brand name owned by the winery. Not less than fifty percent of all wines for sale must be produced on the premises, using grapes grown on the premises.

D.

Wine tasting, public tours, and limited retail sales of wine and wine-related accessories, such as corkscrews and wine glasses may be permitted as accessory uses only.

E.

Retail sales of wine and wine tasting are permitted only where grapes for wine production are grown on the premises.

F.

The size and location of any commercial signage may be determined by the Planning Commission, but in no case exceed one on-site sign with a maximum of forty square feet in area.

G.

Any outdoor activity(ies) or event(s) will be subject to the approval of the Planning Commission, during consideration of the Conditional Use Permit, or the Director of Community Development in accordance with the provisions of Chapter 19.63 (Special Events).

H.

The facility will be limited to an Alcoholic Beverage Control license of a Type 02 (Winegrower).

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Bed and breakfast inns in the RE-40 AC Zone must comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit:

A.

The bed and breakfast inn must be an architecturally- or historically-unique residential structure, which is compatible with the surrounding neighborhood.

B.

Any alterations to the structure must be compatible with the architectural character of the structure. Any modifications to the property must be compatible with the surrounding area.

C.

The owner or manager of the bed and breakfast inn may occupy his or her primary place of residence on the site of the bed and breakfast inn.

D.

The number of guest rooms permitted will be determined based on the size of the existing building and site, compatibility with the surrounding neighborhood, visitor access, and parking. The number of guest rooms must not exceed five.

E.

The maximum stay must be limited to fourteen consecutive days or less.

F.

Meals must be limited to breakfast for overnight guests only.

G.

No cooking facilities may be provided in individual guest rooms.

H.

Parking must be provided at a rate of one off-street parking space per guest room, plus the required parking for the residential use. On-site parking must be designed and located so as not to detract from the character of the neighborhood. Excessive amounts of paving to meet the parking requirements may not be allowed.

I.

Any commercial signage may be limited to one on-site monument or wall identification sign not to exceed twenty-four square feet in area. Monument signs may not exceed six feet in height.

J.

Any outdoor activities or events will be subject to the approval of the planning commission during consideration of the conditional use permit or the director of community development in accordance with the provisions of Chapter 19.63 (Special Events).

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

A.

Upon recommendation by the director, the planning commission, or the city council if it was the city council who initially granted the conditional use permit, may conduct a noticed public hearing to determine whether such conditional use permit should be revoked. If any one of the following facts is found to be present, the conditional use permit may be revoked:

1.

That the permit was obtained by fraud;

2.

That the use for which such approval was granted has ceased to exist by reason of a voluntary abandonment;

3.

That the permit or variance granted is being, or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or

4.

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.

B.

If the revocation hearing is conducted by the commission, its decision will be subject to review on appeal, taken in the time and manner set forth in Section 19.62.090 et seq. hereof.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Any conditional use permit will be null and void if the use granted thereby is not commenced within the time specified in the resolution approving such conditional use permit, or, if no time is so specified, if commencement does not occur within one year from the date the permit is granted. The director of planning and community development or the granting body, upon good cause shown by the applicant, may extend the time limitations imposed pursuant to this section for a period not to exceed one year; provided, that if litigation is filed prior to the exercise of such rights, attacking the validity of such permit, the time for exercising such rights will be automatically extended pending a final determination of such litigation.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

Any condition imposed upon the granting of a conditional use permit, including a zoning device granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be added; provided, that the body which granted the conditional use permit, which is the subject of the modification proceeding, will first conduct a public hearing thereon, noticed in the same manner as is required for the initial granting of the same. No such modification may be granted unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or that such action is necessary to permit reasonable operation under the conditional use permit as granted. The decision to modify a conditional use permit by the granting body will be subject to review on appeal, taken in the time and manner set forth in this chapter.

(Ord. No. 1196, § 13(Exh. A), 9-14-2022)

The special event permit is one which is intended to allow for the short-term placement of activities in temporary facilities or in the out-of-doors, except as otherwise provided. It is primarily intended for activities of a charitable or philanthropic nature except as otherwise permitted by this chapter. All activities shall be regulated so as to avoid incompatibility between such uses and surrounding areas.

(Ord. 628 § 9 (part), 1987.)

A.

No use listed in this section may be conducted on any city or private property, unless approval of a special event permit has been granted for that use.

B.

The following is an exclusive listing of the special events that may be permitted, subject to the issuance of a special event permit in accordance with this chapter:

1.

City property, including public rights-of-way, sidewalks, and parking lots:

a.

Organized outdoor recreational activities, including any non-motorized race, walkathon, bike-a-thon or similar type event.

b.

Parades and ancillary activities.

c.

Street fairs, carnivals, and outdoor markets.

d.

Outdoor concerts in public parks.

e.

Similar special events to items a. thru d. listed in this subsection, which the Director determines to be compatible with the purposes of this chapter and with the applicable zone and surrounding land uses.

f.

Temporary film production.

g.

Certified farmers markets.

2.

Residential Zones — R-E (Rural Exclusive Residential), R-1 (Single-Family Residential), RPD (Residential Planned Development), and MPHD (Mobile Home Park Development):

a.

Outdoor concerts in public parks.

b.

Community fairs.

c.

Trade fairs/job fairs.

d.

Youth, nonprofit, or charitable organization, projects, or events.

e.

Similar special events to items a. thru d. listed in this subsection, which the director determines to be compatible with the purposes of this chapter and with the applicable zone and surrounding land uses.

f.

Temporary film production.

g.

Certified farmers markets.

3.

Commercial Zones — CPD (Commercial Planned Development), SC (Service Commercial), COT (Camarillo Old Town), CMU (Village Commercial Mixed-Use), and CCM (Camarillo Commons Mixed-Use):

a.

Auctions.

b.

Christmas tree lots.

c.

Certified farmers markets.

d.

Outdoor carnivals, circuses, rodeos.

e.

Outdoor concerts.

f.

Temporary outdoor sales or promotional events in conjunction with a permanent retail facility.

g.

Youth, nonprofit, or charitable organization, projects, or events.

h.

Similar special events to items a. thru g. of this subsection, which the director determines to be compatible with the purposes of this chapter and with the zone and surrounding land uses.

i.

Temporary film production.

4.

Manufacturing Zones — M-1 (Light Manufacturing), M-2 (General Manufacturing), and L-M (Limited Manufacturing):

a.

Auctions.

b.

Promotional events in conjunction with a permanent commercial facility.

c.

Outdoor concerts.

d.

Carnivals, circuses, and rodeos.

e.

Trade fairs/job fairs.

f.

Youth, nonprofit, or charitable organization, projects, or events.

g.

Similar special events to items a. thru f. of this subsection, which the director determines to be compatible with the purposes of this chapter and with the zone and surrounding land uses.

h.

Temporary film production.

i.

Certified farmers markets.

5.

Open Space (OS) Zone:

a.

Organized outdoor recreational activities, including any non-motorized race, walkathon, bike-a-thon or similar type of recreational event.

b.

Youth, nonprofit, or charitable organization, projects, or events.

c.

Similar special events to items a. thru b. of this subsection, which the director determines to be compatible with the purposes of this chapter and with the zone and surrounding land uses.

d.

Temporary film production.

6.

Agricultural Exclusive (AE) Zone:

a.

Organized outdoor recreational activities, including any non-motorized race, walkathon, bike-a-thon or similar type of recreational event.

b.

Outdoor concerts.

c.

Carnivals, circuses, hayrides, and rodeos.

d.

Youth, nonprofit, or charitable organization, projects, or events.

e.

Similar special events to items a. thru d. of this subsection, which the director determines to be compatible with the purposes of this chapter and with the zone and surrounding land uses.

f.

Temporary film production.

7.

Professional Office (PO) Zone:

a.

Trade fairs/job fairs.

b.

Socials/mixers.

c.

Similar special events to items a. thru b. of this subsection, which the director determines to be compatible with the purposes of this chapter and with the applicable zone and surrounding land uses.

d.

Temporary film production.

(Ord. 1013 § 3, 2007; Ord. 980 § 3, 2005; Ord. 917 § 1, 1999; Ord. 898 § 4, 1998; Ord. 767 § 11, 1992; Ord. 726 §§ 2—4, 1990; Ord. 628 § 9 (part), 1987.)

(Ord. No. 1096, § 3, 10-8-2014; Ord. No. 1178, § 4E, 4-28-2021)

A film permit shall be required for the production of a film within the city.

A.

A written application for a film permit shall be in a form as provided in Section 14999.32 of the Government Code. Each application shall be filed for review with the director of planning and community development ("director") or his or her designated representative, in consultation with other affected city departments, in accordance with the following:

1.

The director shall expeditiously complete the review process of an application for a film permit, including the coordinating of all other affected city departments; and

2.

The permit application may be filed by fax or may be filed in person by the applicant.

B.

The director shall make every reasonable effort to issue or refuse to issue a film permit, within the following time constraints:

1.

Two working days after the filing of a completed film permit application;

2.

Four working days after the filing of a completed application, if the application contemplates the interrupting of traffic on a public street for more than three minutes; or

3.

Where such an application contemplates a street closure, the same shall be submitted to the city council, which body shall consider the same at the earliest lawfully scheduled meeting thereof after filing of the completed application. If approved by the city council or in the event the council is unable to act in the time required by law, by the city manager or his or her designee, the permit shall be issued on the next working day following the meeting of the body which has approved the permit.

C.

Pursuant to subsection (c) of Section 14999.20 of the Government Code, minor additions, corrections or alterations may be made to a film permit by the director, if a written request for a "rider" therefor is made, and the director finds the public interest requires the same.

D.

If other governmental agencies have geographical jurisdiction over the location described in the film permit application, the director shall notify such governmental jurisdictions of the pendency of the application; and shall inform the permittee in writing of the other governmental agencies having the jurisdiction.

E.

The application fee which shall be paid contemporaneously with the filing of the film permit application shall be in an amount set by resolution of the city council, which fee shall not be greater than the actual costs incurred by the city for providing services occasioned by film production activities, including administrative, police, sanitation, traffic control, road closures, barricades and other necessary services.

F.

The director shall accept from each applicant, the standard insurance coverage form approved by the Department of Commerce of State of California.

G.

The director shall establish a cancellation fee which shall be a portion of the application fee which shall be applied if the applicant cancels the permit after three p.m. the last working day before the scheduled shoot.

H.

The production company shall maintain a copy of the approved special event permit on site at all times for the length of the shoot.

I.

The permit shall expire upon a date established by the director.

(Ord. 726 § 5, 1990.)

No person shall conduct, or permit the conduct, of a certified farmers market unless a permit therefor is first issued pursuant to this title. Applications for a permit for a certified farmers market shall be processed in the manner provided in this chapter. The following additional provisions shall apply to such an application:

A.

A permit for a certified farmers market may only be issued to a nonprofit organization.

B.

Each application for such a permit shall designate a person who is authorized by the applicant to be exclusively responsible for activities authorized pursuant to the permit.

C.

Only foodstuff and merchandise may be offered for sale, or sold at a certified farmers market.

"Merchandise" means prepared foods, nonalcoholic beverages, and materials prepared specifically for the permittee. Each permit shall contain a condition of approval approving specifically any items of merchandise allowed to be sold at the certified farmers market by the permittee.

Only a permittee may sell or offer for sale merchandise at a certified farmers market. Foodstuff may be sold at a certified farmers market only by the person who has grown or produced such foodstuff and who holds a valid agricultural certificate.

D.

Sale of baked goods may be authorized by the operator of the certified farmers market and sold in a location that is separate from the certified farmers' market vendors. The baked goods area shall be clearly marked that the baked goods are not a certified farmers' market product. The baked goods may only be prepared and displayed in a manner allowed by appropriate permits issued by the Ventura County environmental health department.

E.

The location of each certified farmers market shall be approved by the director; the director shall approve a site only if the same will not adversely affect surrounding and/or adjacent uses of land.

F.

The number of certified farmers markets and the sales frequency in any calendar year may be limited by the special event permit issued by the director.

(Ord. 800 § 2, 1993; Ord. 726 § 6, 1990.)

A.

A special event permit shall be approved prior to the commencement of any special event. Application for a special event permit shall be made on an approved application form secured from the department of planning and community development. Such application shall require the information necessary for review of the application by appropriate city departments. Information required shall include the name, address, telephone number and signature of both the applicant and property owner, a location map and plan for the proposed temporary use.

B.

The director of planning and community development shall cause the application to be circulated to all concerned city and county departments for recommendations. The director of planning and community development shall review the recommendations of the concerned departments and shall notify the applicant of his or her special event approval, conditional approval or disapproval.

C.

In reviewing an application for a special event permit, the director of planning and community development shall consider the potential effect of such a use on adjacent public and private property, traffic, and local aesthetic impacts, parking, setbacks, structural soundness, site orientation and arrangement, and hours of operation. The director of planning and community development may impose reasonable conditions necessary to mitigate potential adverse impacts.

D.

Special events may be subject to additional permits, licenses or inspections as required by any applicable law, code or regulation. Special events shall be permitted in residential planned development, commercial planned development, and industrial planned development zones without the necessity of applying for a planned development permit.

(Ord. 628 § 9 (part), 1987.)

A.

The siting of special events must, to the maximum extent practical, avoid significant reduction in the number of required on-site parking spaces or parking necessary to serve adjoining uses.

B.

All unimproved areas utilized for the special event must be maintained in a manner to remove any nuisance impacts, which may include dampening of soil, addition of ground cover material, or other approved means.

C.

Sanitary facilities may be required, either permanent or portable, for all employees, attendants, and participants of the special event during its operational hours as approved in accordance with public health standards.

D.

Special events are limited to their specific zoning districts in which they are listed as permitted under this chapter.

E.

The director may regulate the hours of operation and days, including limitation of the duration of the special event to a shorter time period than that requested.

F.

No nonprofit organization may be issued more than one special event permit in a calendar year for use of the public right-of-way. Special events held in a public park may be limited as to number and frequency of events, excluding events which are sponsored or cosponsored by the city or park district.

(Ord. 737 § 1, 1991; Ord. 628 § 9 (part), 1987.)

(Ord. No. 1096, § 4, 10-8-2014)

The director may approve a Special Events Sign Program for a non-profit organization, as part of any community special event permit, subject to the following regulations:

A.

On-Site Signage.

1.

One on-site banner is permitted per approved event during the day of the event. If the on-site event involves a permitted street closure, one on-site banner is permitted to identify the event at each street closure.

2.

The banner may not exceed 36 square feet in area and three feet in height.

3.

When mounted on posts or a fence, the top of the banner may not exceed eight feet in height. If mounted on a building, the banner may not exceed the roofline of the building.

B.

Off-Site Signage. A permittee may have the following off-site signs, as part of an approved event or events, once per calendar month:

1.

Off-site banners.

a.

Up to ten off-site banners are permitted.

b.

Only two off-site banners may be displayed on a single parcel of two or more acres in size at one time.

c.

An off-site banner may not exceed 36 square feet in area and three feet in height.

d.

When mounted on posts, a fence, or a wall, the top of the off-site banner may not exceed eight feet in height. If mounted on a building, the off-site banner may not exceed the roofline of the building.

e.

Off-site banners may be placed no more than ten days prior to the event or events being advertised, and must be removed no later than two days after the event. No banner may be posted for longer than fourteen consecutive days.

f.

Each off-site banner must contain a phone number for a contact person associated with the permittee, who will be responsible for the removal of the banner.

g.

Prior to posting the off-site banners, the permittee must also provide the director with proof of permission to post the banner from the property owner, or the owner's agent, including the phone number of the owner or agent.

h.

No off-site banners may be placed within a public right-of-way.

2.

Directional signs.

a.

The director may approve up to six directional signs, each not to exceed six square feet in area and four feet in height.

b.

The directional signs are permitted only on private property during the day of the event.

C.

The terms, "banner," "directional sign," "off-site sign," and "on-site sign," used in this section have the meaning ascribed to such terms in Section 17.04.020 of this Code.

D.

The director may approve a Special Events Sign Program for a non-profit organization, as part of a community special event held within the City, that does not require a City-approved special event permit, subject to the above regulations (without any required application fee).

(Ord. No. 1124, § 3, 5-25-2016)

A.

All uses permitted by special event permit shall be terminated on or before the expiration date indicated upon the permit. All materials or products used in connection with or resulting from the special event shall be removed at the conclusion of the event or as set forth in the permit.

B.

A certificate of deposit, or other acceptable security, in an amount set by resolution by the city council to ensure removal of all materials, personal property and structures shall be filed with the director of planning and community development at the time of application for each of the following uses:

1.

Outdoor carnivals, circuses and rodeos;

2.

Outdoor concerts;

3.

Christmas tree lots.

C.

A certificate of deposit, or other acceptable security, in an amount set by resolution of the city council shall also be required for any other special event which the director of planning and community development finds should be bonded to ensure removal of all materials used in connection with, or resulting from, the use.

D.

Upon the removal of all materials associated with the approved special event, the applicant shall request an inspection by the department of planning and community development which shall make a determination regarding the release, or other disposition of, the security deposit.

(Ord. 628 § 9 (part), 1987.)

A.

Permit Denial. If, in the opinion of the director after consultation with any other affected city or county department, the impacts which may result from a proposed special event could be detrimental to the public health, safety, and welfare and the potential adverse impacts are not able to be sufficiently mitigated, or the proposed event does not comply with the provisions of this chapter, then the application for a permit may be denied. The applicant may appeal the denial as provided for in this section.

B.

Permit Revocation. A special event permit issued in accordance with the provisions of this chapter may be revoked if the director finds that any of the following conditions exist:

1.

That any condition of the special event permit or provision of this chapter or code has been violated.

2.

That the special event has become detrimental to the public health, safety, or welfare, or constitutes a nuisance as designated in Chapter 9.12 of this Code.

3.

That the permit was obtained in a fraudulent manner.

The director's decision may be appealed to the planning commission as provided in this section; provided, however, that the filing of such appeal will not stay the enforcement of the director's revocation order.

C.

Appeal to Planning Commission. Appeals from any decision of the director must be made in writing and filed with the department of community development within ten days from the date of the issuance of the director's decision. The appeal must be made on the approved form available from the department of community development and must include the date of appeal, the grounds for the appeal, and the appeal processing fee established by the city council. The appeal will be final with the planning commission on the tenth consecutive calendar day following the date of the planning commission's decision, absent a timely adopted order of review by the city council as provided in this section.

D.

City Council Review. Before a planning commission decision under subsection C. becomes final, the city council, by majority vote of its total membership, may issue an order to review such decision.

1.

The timely adoption by the city council of an order of review will stay the decision of the planning commission to which the order of review relates, pending the city council action on the matter.

2.

If the city council timely adopts an order of review, the city clerk will:

a.

Set the matter for hearing at the next most convenient meeting of the city council; and

b.

Give written mailed notice of the time and place of the hearing to the applicant.

3.

At the time and place of the hearing on an order of review, the city council will conduct a de novo hearing on the matter, at which time all interested persons will be allowed to present relevant reliable evidence to the city council. The applicant will have the burden of proof to show the existence of the facts which warrant the granting of a special event permit.

4.

The city clerk will give written notice of the city council's decision to the applicant and any other interested person who requests such notice. The city council's determination will be final, subject only to judicial review.

(Ord. 628 § 9 (part), 1987.)

(Ord. No. 1096, § 5, 10-8-2014)

A.

The city may establish fees by resolution to cover the cost for processing the special event permit or the cost for special services provided by the city personnel and employees and equipment in addition to requiring appropriate insurance to indemnify the city for public liability and property damage for the day or days of the event. The insurance required shall be provided prior to the event.

B.

As a condition of any special event permit, the applicant shall be required to sign an agreement approved by the city attorney, to indemnify and hold harmless the city from all activities undertaken pursuant to the permit.

(Ord. 628 § 9 (part), 1987.)

A.

The purpose of the city council in enacting this chapter is to regulate sexually oriented businesses which, unless closely regulated, will have serious adverse secondary effects on the community, which include, but are not limited to, the following:

1.

Depreciation of property values and an increase in vacancies in residential and commercial areas located adjacent to sexually oriented businesses; and

2.

Interference with the peaceful use and possession by property owners of their property when such properties are located in the vicinity of sexually oriented businesses; and

3.

Increases in litter, noise and vandalism resulting from the operation of sexually oriented businesses; and

4.

Higher crime rates in the vicinity of sexually oriented businesses; and

5.

Great impacts upon city supplied public safety services; and

6.

Blighting conditions, including lowered maintenance levels of buildings and structures located on a lot upon which a sexually oriented business is located.

B.

The special regulation of sexually oriented businesses, as set forth in this chapter is necessary to prevent or mitigate adverse secondary effects arising out of the operation of sexually oriented businesses.

C.

The provisions of this chapter shall not be construed or interpreted to impose limitations or restrictions on the content of any constitutionally protected communicative activity or material, nor to restrict or deny access by adults to such activities or materials.

D.

The provisions of this chapter shall not be interpreted to authorize, legalize or permit the establishment, operation or maintenance of any business, building, structure, use or activity in violation of any applicable law.

(Ord. 851 § 2 (part), 1996.)

The definitions contained in Chapter 19.04 shall be applied to the provisions of this chapter, unless it is clearly apparent from the context that another meaning is intended.

(Ord. 851 § 2 (part), 1996.)

Notwithstanding any other provision of this code to the contrary, subject to compliance with the provisions of this chapter, including, but not limited to, the zoning regulations applicable to zones L-M, M-1 and M-2, sexually oriented businesses shall be permitted as uses on lots classified in the L-M, M-1 and M-2 zones.

(Ord. 851 § 2 (part), 1996.)

A.

Sexually oriented businesses shall observe the following locational requirements:

1.

A sexually oriented business shall not be located within five hundred feet of another sexually oriented business; and

2.

A sexually oriented business shall not be located within five hundred feet of a lot which is zoned in any of the residential zones; and

3.

A sexually oriented business shall not be located within one thousand feet of an educational institution; and

4.

A sexually oriented business shall not be located within one thousand feet of a church; and

5.

A sexually oriented business shall not be located within one thousand feet of a public park and/or recreation facility.

B.

The distances set forth above shall be measured from the building which houses a sexually oriented business on a lot or is proposed to be located, to the closest point on a lot line of a lot upon which is located on educational institution, a church, a park, a residentially zoned and used lot, or a sexually oriented business.

(Ord. 851 § 2 (part), 1996.)

A.

Fire Regulations. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and utilized in accordance with the provisions of the code.

B.

Observation Outside of Building. No sexually oriented business shall be operated in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any location outside the building housing a sexually oriented business. This provision shall apply to any display, decoration, sign, show window or other opening.

C.

Lighting. Off-Street Parking. Lighting shall be required which is designed to illuminate all off-street parking areas serving a sexually oriented business for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on a plot plan which shall be submitted to the director for review and approval.

D.

Lighting Interior. Except as otherwise required by law for sexually oriented theaters, and sexually oriented arcades, with regard to sexually oriented businesses providing live entertainment, all areas of each sexually oriented business accessible to patrons shall be illuminated at least to the extent of twenty foot-candles, minimally maintained and evenly distributed at ground level.

E.

Illumination. It shall be the duty of the owner(s) and/or operators and all employees of a sexually oriented business to ensure that the illumination of the interior of the building housing a sexually oriented business required pursuant to this chapter is maintained in compliance herewith at all times when such sexually oriented business is open for business.

F.

Sound Equipment. No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level discernible by any person outside of the building in which such use is conducted.

G.

Minors. Signage. Each entrance to a building housing a sexually oriented business shall be clearly and legibly posted with a notice indicating that minors are not allowed to enter or be on the premises. Said notice shall be constructed and posted at locations designated by the director.

H.

Location in Buildings. Each sexually oriented business shall be located in a building.

I.

Special Events. No sexually oriented business shall conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for such business.

J.

Prohibited Activities. No sexually oriented business shall conduct or offer any massage, acupuncture, tattooing, acupressure or escort services and shall not allow such activities on the premises.

K.

Security. Any sexually oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded material shall conform to the following requirements:

1.

Security. At least one security guard who shall be on duty primarily outside the building(s) which house the sexually oriented business who shall patrol the grounds and parking areas, at all times while the business is open. The security guard shall also periodically patrol the interior of such building(s), and shall be available to assist the manager in controlling activities of patrons of the sexually oriented business. If the occupancy limit of the building which houses the sexually oriented business is greater than fifty persons, an additional security guard shall be on duty at all times when the sexually oriented business is open for business. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the city police department and code enforcement department of any violations of law observed. Any security guard required by this subsection shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, admittance person or in any other activity which is not directly related to security activities while acting as a security guard hereunder.

2.

Noise. The building housing a sexually oriented business shall provide sufficient sound absorbing insulation so that noise generated inside the building shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

3.

Windows. No exterior door or window in a building housing a sexually oriented business shall be propped or kept open at any time while such sexually oriented business is open for business. All exterior windows in such a building shall be covered with opaque view obscuring material subject to approval of the director, at all times.

4.

Interior Screening. Permanent barriers shall be installed and maintained to screen the interior of a building housing a sexually oriented business from public view at each door used as an entrance/exit to such building.

L.

Interior Viewing Required. All indoor areas of a building housing a sexually oriented business where patrons are permitted, except for restrooms shall be open to view from within such building at all times.

M.

Exterior Viewing Prohibited. No sexually oriented material shall be displayed in such a manner as to be visible outside of a building housing a sexually oriented business.

N.

Minors Prohibited. No minor shall be permitted within a sexually oriented business at any time.

O.

Restroom Facilities. Each sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees and for female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except for employees of such businesses while carrying out duties of repair, maintenance and cleaning of the restroom facilities. No sexually oriented material shall be displayed or stored in restrooms. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The provisions of this subsection requiring restroom facilities shall not be applicable to a sexually oriented business which deals exclusively with sale or rental of sexually oriented material which is not used, viewed or consumed on the premises.

P.

Hours of Operation. Sexually oriented businesses shall be open for business or operating only during the hours of eight a.m. through ten p.m. on Sundays through Thursdays; and from ten a.m. to midnight on Fridays and Saturdays.

Q.

Plan. A diagram shall be submitted by the owner or operator of each sexually oriented business of the premises for approval by the director, which shall show thereon the specific location of at least one manager station; the location of all overhead lighting fixtures; and designating each portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two square feet of floor area with no dimension greater than eight feet. No alteration in the configuration or location of a manager's station(s) as shown on a plan as filed may be made without the prior approval of the director. No retail sales, or other nonoffice activities shall be permitted in a manager's station.

R.

Presence of Employees. It shall be the duty of the owner or operator of each sexually oriented arcade to ensure that at least one employee is physically present and on duty at each manager's station shown on the plan as approved, at all times during which the sexually oriented arcade is open for business.

S.

Configuration of Interiors. The interior of each sexually oriented arcade shall be configured in such a manner so that there is an unobstructed view from a manager's station to every area of the sexually oriented arcade to which any patron is permitted access for any purpose, excluding restrooms. The unobstructed view requirement of this subsection will only be met by a direct line of sight from the manager's station to all such public accessible areas.

T.

Individual Viewing Area. No individual viewing area may be occupied by more than one person at any one time.

U.

Live Entertainment Regulations. Where live entertainment is permitted as an activity conducted by a sexually oriented business:

1.

The live entertainment shall only be conducted upon a stage at least eighteen inches above the level of the floor which stage is separated by a distance of at least six feet from the nearest area occupied by patrons, and fixed rail(s) at least thirty inches in height shall be maintained at a sexually oriented business offering live entertainment establishing the separations between entertainers and patrons. No patron shall be permitted within six feet of a stage while the stage is occupied by an entertainer; and

2.

Each sexually oriented business permitted to provide live entertainment shall provide and maintain access for entertainers between the stage and dressing and restroom facilities which are completely separated from areas in which patrons are allowed, so as to prevent physical contact between patrons and entertainers; and

3.

No entertainer at a sexually oriented business shall have any physical contact with any patron and no patron of a sexually oriented business shall have any physical contact with any entertainer while on the premises where the sexually oriented business is located; and

4.

Each sexually oriented business which provides live entertainment, shall maintain separate dressing room and restroom facilities for entertainers in which members of the public shall not be permitted.

V.

Sale of Alcoholic Beverages. It is unlawful to sell, serve or permit the consumption of any alcohol beverage in a building housing a sexually oriented business.

W.

Persons under the Influence. It is unlawful for any person under the influence of alcohol or controlled substance to enter or remain on the premises of a sexually oriented business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of each sexually oriented business.

(Ord. 851 § 2 (part), 1996.)

Compliance with the regulations set forth in this chapter shall not excuse noncompliance with any other applicable laws or regulations pertaining to the operation of sexually oriented businesses, including, but not limited to, the zoning regulations applicable to the lot upon which the sexually oriented business is located.

(Ord. 851 § 2 (part), 1996.)

Any firm, corporation or person, whether principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter 19.64, shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. 851 § 2 (part), 1996.)

In addition to the penalties set forth at Section 19.64.070 et seq., of this chapter, any sexually oriented business which is operating in violation of any provision of this chapter, is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, by any lawful proceeding, administrative, or judicial in nature.

(Ord. 851 § 2 (part), 1996.)

Each sexually oriented business shall comply with the provisions of this chapter, and every other applicable law, including, but not limited to, provisions of this code.

(Ord. 851 § 2 (part), 1996.)

A.

Application of Section. Any commercial enterprise located in the city which offers sexually oriented materials for sale shall not be deemed to be a sexually oriented business within the meaning of Chapter 19.64 of the official zoning ordinance of the city, if:

1.

The area used for the display of sexually oriented materials offered for sale equals twenty-four percent or less of the total display area of the commercial establishment; and

2.

Twenty-four percent or less of the gross receipts of the commercial establishment are derived from the sale of sexually oriented materials.

B.

Covering Required. A commercial establishment described in subsection A of this Section 19.64.100, which offers for sale sexually oriented materials shall display such sexually oriented materials with a covering which conceals from the view of minors, the content, including the cover, of all such sexually oriented materials, provided that the trade name of the sexually oriented material may be printed on the covering.

C.

Employee Assistance. Any person who owns, conducts, operates or manages any commercial establishment which offers sexually oriented materials for sale shall store or display such sexually oriented materials only in an area which is not accessible to members of the public without assistance of an employee of the commercial establishment.

(Ord. 851 § 2 (part), 1996.)

A.

Application of Section. Any person who has made an application pursuant to this chapter for the purpose of conducting a sexually oriented business regulated by this chapter, whose application has been denied for any reason, or any interested person who is aggrieved by a decision granting or denying an application shall have the right to administrative and judicial appeals in accordance with the provisions of this Section.

B.

Action of Director.

1.

The director of planning and community development of the city shall within a period of five working days after the filing of an application issue a decision approving or disapproving such application. The director shall disapprove an application if he finds that the same does not meet the requirements of this chapter. In such case, the director's decision shall contain a brief statement indicating how and in what manner the application and/or the proposed usage does not comply with this chapter. If the director finds that the application complies with the provisions of this chapter, he shall render a decision approving the application.

2.

The director shall give notice of the decision not more than two business days after rendering the decision. Such notices shall be given to the applicant and to any person who has requested such notice.

3.

The decision of the director shall become final and conclusive on the tenth consecutive day after the giving of notice by the director of the decision. The director's decision shall be stayed by the timely filing of an appeal pursuant to the provisions of this section.

C.

Right to Administrative Appeal. Any person who is aggrieved by a decision of the director with respect to an application shall have the right of administrative appeal pursuant to the provisions of this section.

D.

Administrative Appeal to Planning Commission. Within ten consecutive days following the giving of a notice of the director's decision relating to an application, the applicant or any other interested person who is aggrieved by such decision, may file a written appeal with the secretary of the planning commission appealing the director's decision to the commission. Such an appeal shall include a statement of the grounds for such appeal and shall be accompanied by a filing and processing fee in an amount set by the resolution of the city council.

E.

Action on Administrative Appeal. The secretary upon receipt of a timely filed appeal from director's decision and evidence of the payment of the filing and processing fee, shall, within five business days after the timely filing of an appeal, cause to be prepared and delivered to the commission, the appealing party and any person requesting the same, a complete transcript of the proceeding which led to the director's decision on the application. The secretary shall set the matter for a de novo appeal hearing before the commission, at its next most convenient meeting, not later than twenty (20) days following the filing of the appeal. The secretary shall give not less than ten days' written notice of the time and place of the de novo appeal hearing before the commission, to the applicant, the appealing party and any other party who requests such notice.

F.

Action by Commission Hearing.

1.

At the time and place of a hearing on an administrative appeal, the commission shall permit any interested person to present relevant reliable evidence relating to the issues involved in the de novo appeal hearing. The commission shall not be bound by the strict rules of evidence applicable to a judicial action; provided that the commission shall follow the substance of such rules so that the matter is determined based upon reliable, competent, relevant evidence. The commission shall, based upon the evidence presented, within fifteen calendar days following the close of the hearing, determine the matter based the evidence so presented. The commission shall approve the application if the evidence demonstrates that the use proposed by the application, if permitted, would meet all of the requirements of the chapter. The commission shall deny the application if it finds that the use proposed by the application would not comply with the provisions of this chapter. The secretary within two working days following the commission's decision, shall give notice of the commission's decision to the applicant, the appealing party and other person who has requested such notice.

2.

The commission's decision shall be final and conclusive in the absence of the filing of a timely appeal as provided in this section.

G.

Administration Appeal to City Council. Any person aggrieved by a decision of the planning commission on an application, may file a written appeal, appealing its decision to the city council. No such appeal shall be accepted or be valid for any purpose unless it is filed with the city clerk within ten days following the giving of notice of the commission's decision, and is accompanied by the filing and processing fee in an amount set by a city council resolution. Any such appeal shall contain a brief statement of the grounds for such an appeal. The commission's decision shall be stayed upon the timely filing of an appeal.

H.

Action by City Council.

1.

Upon receipt of a written appeal, appealing the planning commission's decision to the city council, the city clerk shall, within two business days after the filing of such appeal set the matter for a hearing before the city council at its next most convenient meeting, not more than twenty consecutive calendar days from and after the filing of an appeal. The city clerk shall cause to be prepared the complete transcript of the proceedings before the director and the planning commission and shall transmit the same together with applicable staff reports to the city council prior to the time set for hearing. In addition, a copy of such transcript shall be made available to the applicant, the appealing party and any other interested person requesting the same.

2.

At the time set for the hearing, the city council shall consider the appeal based exclusively upon the transcript. The applicant, the appealing party and/or any other interested person may submit to the city council written arguments in favor of, or in opposition to, the decision made by the planning commission. No additional evidence shall be accepted by the city council unless there is a showing by the person offering such evidence, that such evidence was not reasonably available at the time of the planning commission hearing in the exercise of due diligence by the person offering the same. Any interested person shall have the opportunity to point out, in writing to the city council any perceived defect or omission in the transcript as prepared. If warranted, the city council may direct the preparation of such additional material as may have been omitted or inaccurately stated in the transcript. The city council may, for that purpose only, continue the hearing to its next regular meeting. If the city council determines that the use proposed by the application would meet the requirements of this chapter, it shall approve the application. If it finds that the proposed use would not comply with the provisions of this chapter, it shall disapprove the application. The city council's decision concerning such an appeal shall be final and conclusive unless a written demand is made for judicial arbitration pursuant to this section.

3.

The city clerk shall, within two calendar days following the council action, give notice of the city council's decision to the applicant, the appealing party and to any other person requesting such notice.

I.

Judicial Arbitration. Any person aggrieved by the decision of the city council with respect to an application shall have the right to demand judicial arbitration as provided in this section. Any such demand for judicial arbitration shall be made within ten calendar days following the giving of notice of the city council's decision on an appeal. Any such demand for judicial arbitration shall contain a statement of reasons as to why the city council's action was not appropriate or was erroneous. Any such appeal shall be accompanied by a filing and processing fee in an amount set by city council resolution. The city clerk shall, within two consecutive working days following the filing of such a demand, shall give notice to the appealing party, the applicant and any other person requesting the same, of the time and place of the judicial arbitration.

J.

Judicial Arbitration.

1.

Upon receipt of a demand for judicial arbitration, the city manager of city shall prepare and submit to the party, demanding judicial arbitration, a list containing the names of three retired superior court judges. The names of the judges on the list shall be numbered consecutively.

2.

The demanding party, within ten calendar days after service of the list, shall either:

a.

Select one of the named retired judges to act as the judicial arbitrator, in which case that retired judge shall serve in that capacity; or

b.

Strike one name from the list and return the list to the city manager.

3.

Upon expiration of such ten-day period, if the demanding party does not strike a name, the judicial arbitrator shall be the retired judge on the list with the lowest number next to his or her name.

4.

If the demanding party strikes a name from the list the city manager of city may strike the name of any retired judge whose name remains on the list. The retired judge whose name remains on the list shall be designated as the judicial arbitrator. If the city manager does not strike a name from the list, the city manager shall resubmit the list to the demanding party and that party may strike one name from the list. If the demanding party strikes a name from the list, the remaining named retired judge shall serve as the judicial arbitrator. If the demanding party does not strike a name from the list, then the retired judge whose name appears on the list with the lowest number next to his or her name shall act in the capacity as judicial arbitrator.

5.

If, for any reason, the designated retired judge is unwilling or unable to serve as the judicial arbitrator, the judge on the list with the next lower number whose name was not stricken shall be the judicial arbitrator. In the event that none of the three retired judges named on a list are willing or able to serve as the judicial arbitrator, the city manager shall prepare and submit a new list containing the names of three different retired judges, and the above described procedure shall be followed until a judicial arbitrator is selected.

6.

The demanding party and the city shall each pay one-half of the compensation to be paid to the judicial arbitrator, and except as otherwise expressly provided herein, each party shall bear its own costs and expenses of arbitration, including, but not limited to, attorneys' fees and related costs.

7.

By way of illustration, if the list served by the city manager, upon the demanding party, has the names of three retired judges, A, B and C, numbered 1, 2 and 3, respectively; and numbers 1 and 2 are stricken, then C, number 3, shall be deemed, for all purposes, to be the designated judicial arbitrator.

8.

The judicial arbitrator shall, in conducting the hearing, follow the rules of procedure applicable to a mandamus proceeding under Section 1085 or 1094.5 of the Code of Civil Procedure.

9.

If the judicial arbitrator finds that the use proposed by the application would comply with the provisions of this chapter, he or she shall order city to approve the application. If the judicial arbitrator finds that the use proposed would not comply with provisions of this chapter, he or she shall order the city to disapprove the application.

10.

The judicial arbitrator shall render a decision resolving all issues presented by the appeal within ten consecutive calendar days following the close of the hearing. The judicial arbitrator's decision shall include a statement of the relevant facts and the conclusion of the judicial arbitrator based upon the facts so adduced.

11.

The decision of the arbitrator shall be final and conclusive.

K.

Alternative Method of Judicial Review. Any person who has standing to seek judicial review of an action taken by the city with respect to the permitting process applicable to a sexually oriented business pursuant to this section may seek such review pursuant to the provisions of that section or, in the discretion of the person seeking such review, pursuant to the provisions of Section 1094.8 of the Code of Civil Procedure.

(Ord. 930 § 1, 1999; Ord. 919 § 2, 1999.)

Home occupations in residential zones are not a right but a privilege and are intended to provide, as a matter of convenience, certain types of business uses where the use is clearly ancillary to the residential use of the property. Under specific guidelines, these provisions establish a comprehensive set of regulations to determine if a business activity occurring in residential structures is appropriate. In order to minimize potential interference with the intended residential use of the property, businesses conducted as home occupations would be limited to certain types of uses with only those members of the residential family who reside at the residence being able to conduct or participate in the business. Home occupations will be reviewed on an individual basis to ensure compatibility with and avoid any impact on the residential quality of life and property values within the zone. Any use which has the significant potential to impact that quality of life or change the character of the area would not be permitted, and any use which does not conduct its operation within these guidelines would be subject to revocation.

(Ord. 713 § 5 (part), 1990.)

A.

A home occupation permit is required prior to commencing any business activity in a single residential detached unit, except for a small family day care, a large family day care, or a cottage food operation, which requires a special cottage food operation permit under Chapter 19.74 of this code. The application for a home occupation permit must be filed on an application form provided by the department of community development and accompanied by the applicable filing fee.

B.

Upon filing a complete application, the director may cause to be conducted an inspection of the premises for which the application was filed and will provide written notification either approving or denying the application.

C.

A home occupation permit may be issued if the director determines that such use complies with the following provisions:

1.

No employment at the residence other than members of the resident family who reside in the dwelling, except in the case of large family day care facility;

2.

No use of materials or mechanical equipment at the residence or stored at the residence except that maintained on a vehicle or not recognized as being part of a normal household or hobby use;

3.

No direct sale of products from the premises;

4.

The use may not create pedestrian or vehicular traffic other than normal to the single-family residential use of said premises except for certain instructional or tutorial uses;

5.

The use may not involve the use of commercial vehicles for delivery of materials to or from the premises other than normal mail delivery services;

6.

The use may not involve excessive or unsightly storage of materials or supplies indoors and outdoors;

7.

The use may not involve any advertising or signs advertising the location of said residence;

8.

Not more than one room in a dwelling may be employed by the home occupation except for small and large day care facilities;

9.

No building or space outside the main building may be used for home occupational purposes other than limited storage of materials in any garage or accessory building;

10.

The single-family residential character of the main building or of the premises may not be altered by the use or occupancy;

11.

There is no use of utility or community facilities beyond that normal to the use of the property for residential purposes;

12.

No refuse or trash may be generated in quantities or types not normally associated with a residential use;

13.

A home occupation may not create a violation and no permit will be approved if any known violations exist relating to the building code, municipal code or zoning ordinance relative to the subject property;

14.

The residential unit must be maintained in keeping with the neighborhood as to upkeep, maintenance and appearance;

15.

There may be no objectionable or offensive aspects of the home occupation which would provide quantities of the following not normal in the residential area in which the home occupation occurs: noise, light, vibration, smoke odor, humidity, radiation, heat, cold, glare, dust or dirt, electrical interference, abnormal pedestrian activity, abnormal vehicular traffic, television or radio interference or other objectionable or offensive conditions which would adversely affect the property value in the neighborhood or be detrimental to the public health, safety and general welfare as determined by the director;

16.

The home occupation may not make use of explosives or highly combustible or toxic materials in accordance with the Uniform Building Code, the fire code, and any other applicable regulations beyond that normal to a single-family residence;

17.

The use may not violate the city's sign code (Chapter 17.04) by displaying at any location on the premises, contrary to the sign code, any advertisement that a business is being conducted at the residence. No home occupation permit will be issued if any state or other licensing permit requires any signage as prohibited by the sign code;

18.

In a cluster residential project with five units per acre or greater which have been developed on the property, the use may not involve or create the need for more than the parking which has been assigned to the individual unit or occupy more parking spaces than that assigned to that unit;

19.

If the use is in a cluster housing project with a density greater than five units per acre, it may not generate sound or music for extended periods of time unless it can be shown that the use will not be an inconvenience or nuisance to adjoining uses;

20.

If the use is in a cluster housing project with a density of five units per acre or greater, the applicant must submit written evidence from the apartment owner, manager or other controlling person or entity that such use is authorized at or in the project, unless the use is exclusively office-based;

D.

Personal service uses involving the instruction or tutoring of an individual may be allowed subject to approval by the director if the use is in keeping with the stated intent of the section and not determined to be potentially detrimental to adjoining uses. Special conditions may be attached including hours of operation to help minimize any potential problems.

(Ord. 801 § 1, 1993; Ord. 773 § 15, 1993; Ord. 720 § 2, 1990: Ord. 713 § 5 (part), 1990.)

(Ord. No. 1079, § 4(Exh. B), 9-25-2013; Ord. No. 1171, §§ 3L, 3M, 3-25-2020; Ord. No. 2016, § 3A—C, 12-13-2023)

The following uses are expressly prohibited as home occupations:

A.

The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engines or of any motor vehicle;

B.

Repair, fix-it or plumbing shops;

C.

Uses which entail the harboring, training, breeding, raising or grooming of dogs, cats or other animals on the premises;

D.

Uses which entail food handling, processing or packing;

E.

Any use which involves customers on the premises other than instructors or tutoring uses as described in Section 19.65.020(D);

F.

Uses which require the storage or use of explosives or highly combustible or toxic materials beyond that permitted by the building code, fire code, or other adopted restriction;

G.

Uses which involve commercial vehicles (with a gross weight of ten thousand pounds or greater) within a residential area;

H.

Uses which require a license issued by the California Department of Alcoholic Beverage Control.

(Ord. 1001 § 2, 2007: Ord. 1000 § 2, 2007: Ord. 821 § 10, 1994; Ord. 713 § 5 (part), 1990.)

(Ord. No. 2016, § 3D, 12-13-2023)

A home occupation permit issued in accordance with the provisions of this chapter may be revoked if the director of planning and community development finds that any of the following conditions exist.

A.

That any condition of the home occupation permit has been violated;

B.

That the use has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter 9.12 of this code;

C.

That the permit was obtained in a fraudulent manner;

D.

That the use for which the permit was granted has ceased for a minimum of six consecutive months or longer;

E.

That the condition of the premises or of the area of which it is a part has changed so that the use is no longer considered compatible under the meaning and intent of this section;

F.

The business has not maintained a current business license;

G.

That complaints received by persons affected by the operation of a home occupation permit have been substantiated by the department of planning and community development.

(Ord. 713 § 5 (part), 1990.)

A home occupation permit issued in accordance with the provisions of this chapter shall not be transferred, assigned or used by any person other than the permittee, nor shall said use be at any location other than the one for which the permit is granted.

(Ord. 713 § 5 (part), 1990.)

The city has established by resolution a fee necessary to cover the cost of processing home occupation applications.

(Ord. 713 § 5 (part), 1990.)

Where practical difficulties or unnecessary hardships inconsistent with the general purposes of this title would occur from its strict literal interpretation and enforcement, a variance may be granted authorizing, upon such terms and conditions as are deemed necessary, such variances therefrom as may be in harmony with the general purpose and intent of this title, so that its spirit shall be observed, public safety and welfare secured, and substantial justice done. A variance will not be granted to permit a use not permitted in the zone by this title.

(Ord. 403 § 1 (part), 1978: prior code § 9605 (part).)

A.

Before any variance is approved, the applicant shall show and the planning commission shall so find that all four of the following conditions exist in reference to the property being considered:

1.

Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning regulations would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

2.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated.

3.

The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated.

4.

The granting of such variance will not adversely affect the general plan for the city.

5.

The commission, in approving a variance, may set forth in its decision reasonable conditions which shall assure the intent and purpose of this title.

B.

A time limit of one hundred eighty days for occupancy or commencement of construction shall be assumed unless some other period is established. An extension of said time limit may be considered by the planning director and granted upon a written request by the applicant showing a demonstration of cause. The decision of the director may be appealed to the planning commission.

(Ord. 403 § 1 (part), 1978: prior code § 9605(A).)

A.

Filing. Application for a variance shall be filed by the owner of the property for which the variance is sought, by the lessee having a leasehold interest of not less than twenty-five years exclusive of an option to renew, or by the agent of any of the foregoing duly authorized in writing.

B.

Form and Contents. Application shall be made to the commission on forms furnished by the planning department and shall set forth in detail the reasons for the requested variance, indicating how the conditions set forth in Section 19.66.020 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request. The application shall be verified before a notary public by the applicant and by the property owner, and the date of verification shall be noted on the application. In addition, a list of all property owners from the last equalized ownership roll within a three-hundred foot radius of the subject property and a map showing all adjoining parcels shall be provided. An incomplete application shall not be accepted for filing.

C.

Development Plan. Development plans and elevations of the proposed development shall be submitted as a part of any application with sufficient number as determined by the planning director in accordance with the following:

1.

An accurately dimensioned plot plan showing existing and proposed topography, all proposed building, parking, landscaping areas, walls and all existing or proposed streets within a three-hundred-foot radius of the property;

2.

The dimension of all yards, setbacks, parking area, driveways and square footage of all building landscaping and building coverage;

3.

The elevation of all buildings proposed with a notation of the type of material proposed in addition to a color and material sample.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B)(1).)

When the application for a variance is filed, a uniform fee shall be paid as set forth by city council resolution for the purpose of defraying the costs incidental to the proceedings.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B)(2).)

The planning director shall make an investigation of the facts beating on each case to provide the information necessary for action consistent with the intent and purpose of this title, and shall report the findings to the planning commission.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B)(3).)

A.

The hearing date will be set by the community development department for not less than ten nor more than thirty days after the filing of the verified application with the department.

B.

Notice of the public hearing will be provided in accordance with Chapter 19.84.

(Ord. 403 § 1 (part), 1978: prior code § 9605(B) (4).)

(Ord. No. 1153, § 4(W), 5-25-2018)

A.

The commission shall, not less than ten nor more than thirty days after the mailing of the legal notice of a public hearing on a variance application, hold the public hearing. Such hearings may be continued by the planning commission for good cause.

B.

The planning commission shall announce and record its decision within thirty days after the conclusion of the hearing. Such decision shall be an approval with the stated conditions, if imposed; or shall be a disapproval of the application and shall set forth findings in support of that decision. Any approval of a variance shall include the findings and conditions in Section 19.66.020.

(Ord. 856 § 18, 1996: Ord. 403 § 1 (part), 1978: prior code § 9605(B)(5).)

A.

Effective Date of Planning Commission Decision. Decisions of the planning commission approving, denying or conditionally approving, an application for a variance shall be final and conclusive on the tenth consecutive calendar day following the date of the planning commission's decision, unless an effective timely and complete appeal is filed, or a city council review is ordered as provided in this Section.

B.

Form of Appeal. Except as provided in subsection D of this section, an appeal from a decision of the planning commission relating to a variance shall not be valid or effective for any purpose unless it meets all of the following requirements:

1.

Each such appeal shall be in writing on a form provided by the director of planning and community development of the city ("director"), and shall identify the planning commission's action to which the appeal relates; and

2.

Each such appeal shall be filed with the director prior to the planning commission decision to which the appeal relates becoming final, as provided in subsection A of this section; and

3.

Each such appeal shall be accompanied by a processing fee in an amount set by the city council; and

4.

Each such appeal is filed by or on behalf of any of the following:

a.

The owner of any real property located within the city, or

b.

A person who lawfully occupies or is entitled to lawfully occupy any real property which is located within three hundred feet of the lot lines of the lot or lots which are the subject of the variance, or

c.

Any interested person.

C.

Effectiveness of an Appeal. No appeal shall be deemed complete nor effective for any purpose unless it complies with all of the provisions of this Section.

D.

Review by City Council. Notwithstanding any of the provisions of this section to the contrary, the city council, by majority vote of its total membership and at any time before a planning commission decision becomes final pursuant to subsection A of this section, may issue an order to review, de novo, a planning commission decision relating to a variance ("order of review").

E.

Stay of Proceedings. The timely filing of an effective appeal or the timely adoption by the city council of an order of review shall stay the decision of the planning commission to which the appeal or order of review relates pending the city council action on the matter.

F.

Action of City Clerk. Upon the timely filing of an effective appeal or the adoption of a timely order of review, the city clerk will:

1.

Set the matter for hearing at the next most convenient meeting of the city council; and

2.

Give written mailed notice of the time and place of the hearing to the appellant, the applicant, and such other persons and entities in accordance with Section 19.84.030 of this code.

G.

Action by the City Council. At the time and place of the hearing on an appeal or an order of review, the city council shall conduct a de novo hearing on the matter, at which time all interested persons shall be allowed to present relevant reliable evidence to the city council. The technical rules of evidence applicable to judicial proceedings need not be observed, provided that the matter is resolved by the city council based upon reliable relevant evidence. The applicant shall have the burden of proof to show the existence of the facts which warrant the granting of the variance.

H.

City Council Decision. The city clerk shall give written notice of the city council's decision to the appellant, the applicant and any other interested person who requests such notice. The city council's determination shall be final and conclusive subject only to judicial review.

(Ord. 844 § 19, 1996: Ord. 403 § 1 (part), 1978: prior code § 9605(C).)

(Ord. No. 1153, § 4(X), 5-25-2018)

A.

Upon recommendation by the director, the body which initially granted a zone variance shall conduct a noticed public hearing to determine whether such variance should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the variance:

1.

That the variance was obtained by fraud; or

2.

That the use for which such approval was granted has ceased to exist by reason of a voluntary abandonment; or

3.

That the permit or variance granted is being, or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or

4.

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.

B.

If the revocation hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Section 19.66.060 et seq. hereof.

(Ord. 403 § 1 (part), 1978: prior code § 9605(D)(1).)

Any zone variance shall be null and void if the use granted is not commenced within the time specified in the resolution approving the zone variance, or, if no time is so specified, if commencement does not occur within one year from the date the zone variance is granted. Upon the showing of good cause by the applicant, the director of community development or the planning commission may extend the zone variance for additional twelve-month periods. If any litigation is filed attacking the validity of the variance prior to the exercise of such rights, the time for exercising the zone shall be automatically extended pending a final determination of the litigation.

(Ord. 856 § 20, 1996: Ord. 403 § 1 (part), 1978: prior code § 9605(D)(2).)

Any condition imposed upon the granting of a zone variance, including a zoning device granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be added; provided, that the body which granted the zone variance, which is the subject of the modification proceeding, shall first conduct a public hearing thereon, noticed in the same manner as is required for the initial granting of the same. No such modification shall be granted unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or, that such action is necessary to permit reasonable operation under the zone variance as granted. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Section 19.66.080.

(Ord. 403 § 1 (part), 1978: prior code § 9605(D)(3).)

No person except a new owner or lessee shall reapply for a similar variance on the same land, building or structure within a period of six months from the date of the final decision on such previous application unless such decision is a denial without prejudice.

(Ord. 403 § 1 (part), 1978: prior code § 9605(E).)

Any variance granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this chapter shall be construed to be a variance under this title subject to all conditions imposed in such variance unless otherwise provided herein. Such variance may, however, be revoked or voided as provided in Sections 19.66.090 through 19.66.110.

(Ord. 403 § 1 (part), 1978: prior code § 9605(F).)

When in the public interest, the director or the planning commission may consider and approve modifications of previously approved permits as specified in this chapter.

(Ord. No. 1104, § 3(Exh. A), 2-25-2015)

A request for a modification of an approved development permit or conditional use permit pursuant to this chapter may be filed by any property owner or agent acting on behalf of property owner. The request will be reviewed by the director and classified into one of the following categories:

A.

Administrative Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental documentation prepared for the permit, and would not have any adverse impact on surrounding properties, may be deemed an administrative permit adjustment subject to the issuance of a zoning clearance, with any conditions imposed by the director in the director's sole discretion, without a hearing. Such changes may include, but are not limited to, the following:

1.

A maximum increase or decrease of ten percent or five thousand square feet, whichever is less, in the floor area of a previously approved structure;

2.

A maximum decrease of ten percent of the area of an approved landscaping plan. Reductions greater than ten percent may be approved as an administrative permit adjustment if the reduction is the result of an approval in an increase of floor area of a previously approved structure as provided in Section 19.68.020(A)(1);

3.

The conversion of landscaping to artificial turf and drought tolerant themes in accordance with Section 19.38.060;

4.

Minor exterior architectural changes or embellishments involving no change in basic architectural style;

5.

The addition of ancillary mechanical equipment when it can be shown that noise from the equipment will not create a nuisance to the adjoining property.

6.

Minor changes to an approved planned development or conditional use plan, including the addition of ancillary structures, not affecting the placement of the primary structure on the site or the number of parking spaces required.

B.

Administrative Minor Modification. Any change which would not conflict with any of the required findings pursuant to this title, nor any analysis or mitigation measures contained in the original environmental documentation prepared for the permit and would not have any adverse impact on surrounding properties, but is determined by the director to rise to a level of increased or decreased use or intensity such that the requested modification cannot qualify for an administrative permit adjustment, may be deemed an administrative minor modification subject to the issuance or a minor modification permit, with any conditions imposed by the director in the director's sole discretion, without a hearing. Administrative minor modifications are limited to the following:

1.

Yards. Reduction of yards and distance between buildings by not more than twenty percent of the requirement of the zone.

2.

Parking Spaces. Reduction of number of required parking spaces by not more than ten percent, and modification of other parking design standards, as provided in Sections 19.44.130 through 19.44.280.

3.

Slope and Hillside Areas. For areas with a grade of eight percent or more, modification of building height to a maximum of thirty feet and modification of front yard to a minimum of ten feet, upon approval of a site plan, elevations, and a grading map showing existing and finished contours. Approval must be based on the finding that such minor modification will not have a detrimental effect upon adjacent properties.

4.

Modification of a landscaping plan approved under a planned development permit or conditional use permit for other than a reduction in landscape area as allowed under Section 18.68.020(A)(2)

5.

Gates and Entrances. Height of entrance walls and gates may be modified to extend above that allowed in front and side-front setback areas when approved by the architectural advisory committee of the planning commission. The modification must be based on the findings that the limited height extension is architecturally acceptable and creates no interference with sight clearance or corner cutoff; and, in addition, no detrimental effects will be created by the modification to adjacent properties in the same vicinity and zone. Elevations, colors and materials are to be submitted as part of the application for an administrative minor modification.

6.

Trash Enclosures. When hardship is created by the provisions of the trash enclosure regulations, minor modifications may be applied to reduce the requirements of Chapter 19.50.

C.

Major Modifications. All requested modifications not classified by the director as administrative permit adjustments or administrative minor modifications are major modifications and must be approved by the body that originally approved the permit, subject to the same notice, hearing, review criteria and appeal procedures required by this title for consideration of the original permit.

(Ord. No. 1104, § 3(Exh. A), 2-25-2015)

The following procedures apply to requests for modifications:

A.

Once the director classifies a modification request, the requestor must either complete a zoning clearance form for the approval of an administrative permit adjustment, or a modification application for the approval of an administrative minor modification, or a major modification, and pay the appropriate fee, as established by city council resolution.

B.

The director may refer any request for a modification of architectural design to the architectural review committee of the planning commission for review and determination of approval or denial of the modification request.

C.

The director may refer any request for modification to the planning commission to advise the director as to the proper classification level of approval for the request; or, the director may refer the application to the planning commission for review and determination of approval or denial.

D.

In approving a minor modification, the director must determine that the adjustments are necessary to make reasonable use of the land and that adequate protection has been provided to protect the public peace, health, safety and welfare and may include conditions of approval. The director will make a decision in writing within fourteen days after the acceptance of a complete application, unless the director has referred the decision to the architectural review committee of the planning commission or to the planning commission. One copy will be mailed to the applicant and one copy will be filed with the secretary of the planning commission.

1.

If the director has referred the decision to either the architectural review committee of the planning commission or to the planning commission, the request for modification will generally be placed on the next available agenda of the respective body.

2.

If the applicant is dissatisfied with a decision of the director, the applicant may appeal the decision to the planning commission, where the determination will be final. The applicant must pay the appropriate fee for the appeal of the director's decision to the planning commission as established by city council resolution.

E.

If the applicant is dissatisfied with a decision of the architectural review committee of the planning commission, the applicant may appeal the decision to the planning commission, where the determination will be final. The applicant must pay the fee for the appeal of the architectural review committee's decision at the same fee rate as that of an appeal of a director's decision to the planning commission, as established by city council resolution.

F.

Any person may appeal, and the city council may issue an order of review of, a decision of the planning commission for the approval, conditions of approval, or denial of a modification request. Such appeal and council order of review must be made in accordance with the city council appeal and order of review provisions of the zone in which the subject property is located, and must be filed with the director within ten days of the date the commission's decision is made.

(Ord. No. 1104, § 3(Exh. A), 2-25-2015)

Pursuant to California Government Code sections 65870 through 65875, easements can be created by a recorded covenant of easement made by an owner of real property to the city. Such a covenant may be for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes and shall be established as follows:

A.

At the time of recording of the covenant, all the real property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property.

B.

The covenant upon recordation shall describe the real property to be subject to the easement and the real property to be benefited thereby. It shall also identify the approval, permit or designation granted which relied upon or required the covenant.

C.

The successors of interest to the real property benefited by the covenant can enforce the covenant.

D.

The covenant shall be recorded in the county where all or a portion of the restricted property is located and shall contain a legal description of the real property and be executed by the owner of the real property.

E.

Upon recordation, the burdens of the covenant shall be binding upon, and the benefits of the covenant shall inure to, all successors in interest to the real property.

(Ord. 609 § 1 (part), 1986.)

The procedure for release of a covenant granted pursuant to Section 19.69.010, shall be as follows:

A.

Upon application by any person whether or not that person is the real property owner, the city council shall hold a public hearing regarding the release of the covenant.

B.

Upon a determination by the city council that the restriction of the property is no longer necessary to achieve the land use goals of the city, a release shall be recorded by the city in the county where the restricted property is located.

C.

The city may recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.

(Ord. 609 § 1 (part), 1986.)

Nothing in this chapter shall create in any other person other than the city and the owner of the real property burdened or benefited by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. In addition, any other method for the creation of an easement, including through conveyance of real property or through express or implied dedication, is still valid.

(Ord. 609 § 1 (part), 1986.)

An amendment to the zoning map changing any property from one zone to another shall be made according to the provisions of this chapter. An amendment to the zoning map constitutes a precise plan under the State Planning Law.

(Ord. 403 § 1 (part), 1978: prior code § 9608 (part).)

The planning commission in recommending, and the city council in reviewing, a proposed change of zone shall make the following findings in reference to the proposed zoning of the subject property:

A.

The proposed change of zone is in conformity with the general plan map and report;

B.

The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses;

C.

The proposed change of zone is necessary and proper and is not likely to be detrimental to the adjacent property or residents.

(Ord. 403 § 1 (part), 1978: prior code § 9608(A).)

A.

The planning commission may initiate proceedings by approval of resolution of intention and then hold public hearings.

B.

The city council may initiate proceedings by approval of resolution of intention and then submit the matter to the commission for public hearings.

C.

The property owner or his designated representative may make an application for a change of zone. The application shall be on forms provided by the planning department and shall be full and complete and shall include such data and information as may be prescribed by the commission to assist in determining the validity of the request and the manner in which it meets the considerations set forth in Section 19.70.020. The application shall be verified before a notary public by the applicant and by the property owner and the date of verification shall be noted on the petition. A complete application shall include the following:

1.

The names of all property owners within a three-hundred-foot radius of the application;

2.

Two maps showing all properties within three hundred feet of the requested zone change;

3.

Legal description of parcel requested to be changed.

(Ord. 403 § 1 (part), 1978: prior code § 9608(B)(1).)

When a petition for a change of zone is filed, a uniform fee as determined by city council resolution shall be paid for the purpose of defraying the costs incidental to the proceedings.

(Ord. 403 § 1 (part), 1978: prior code § 9608(B)(2).)

The planning department shall investigate the facts bearing on the proposed zone change to provide information necessary to assure action consistent with the intent of this title and the general plan and shall report the findings to the commission.

(Ord. 403 § 1 (part), 1978: prior code § 9608(B)(3).)

A.

The hearing date will be set by the community development department following compliance with the California Environmental Quality Act.

B.

Notice of the public hearing will be provided in accordance with Chapter 19.84.

(Ord. 403 § 1 (part), 1978: prior code § 9608(B)(4).)

(Ord. No. 1153, § 4(Y), 5-25-2018)

A.

The commission shall, not less than ten nor more than thirty days after the publication of the legal notice of a public hearing on a zone change, hold the hearing unless continued by the planning commission.

B.

The commission shall announce and record its decision within thirty days after the conclusion of the public hearing. Such decision shall recommend either approval or disapproval of the proposed zone change and shall set forth findings in support of the recommendation. The commission may, after the public hearing, recommend the designation to a less intense zone or reduce but not enlarge the area of the proposed zone change in any way unless the proper notice and publication of the enlarged area is made.

C.

Such decision shall be filed with the council within fifteen days after its announcement and a copy thereof shall be mailed to the petitioner at the address shown on the petition.

D.

If the application for the change of zone is denied by the commission, the action will stand unless appealed within fifteen days of the date of the action of the commission.

E.

Appeal. The hearing date of the city council public hearing for an appeal shall be set by the city clerk for not more than thirty days after the filing of the appeal request to the city council. The setting of the hearing, giving notice and conducting the hearing shall be the same as hereinbefore prescribed for hearing by the planning commission in Section 19.70.060.

(Ord. 403 § 1 (part), 1978: prior code § 9608(B)(5).)

The hearing date of the council public hearing shall be set by the city clerk for not more than thirty days after the filing of the commission's recommendation to the council. The council shall, not less than ten nor more than thirty days after publication of legal notice of a public hearing on a zone change, hold the public hearing. The notice of mailing and publication of public hearing shall be the same as that for the planning commission, as shown in Section 19.70.060.

(Ord. 403 § 1 (part), 1978: prior code § 9608(B)(6).)

After holding at least one public hearing, the city council may approve or disapprove the proposed zone change. The city council may modify or overrule the recommendation of the planning commission, provided the proposed modification has been referred back to the planning commission for a report pursuant to the following paragraph.

The planning commission shall review the changes proposed and referred to it by the city council and shall report its recommendations back to the city council; said report shall be filed with the city council not more than forty days after the referral by the council.

(Ord. 403 § 1 (part), 1978: prior code § 9608(B)(7).)

Any amendment to the text of this title which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be made according to the procedure set forth in this chapter.

(Ord. 403 § 1 (part), 1978: prior code § 9609 (part).)

A.

The planning commission may initiate proceedings by motion and then hold public hearings and make a recommendation as provided below.

B.

The city council may initiate proceedings by motion and then submit the matter to the commission for public hearings.

C.

The property owner or their designated representative may make an application for a zoning ordinance text amendment. The application will be on forms provided by the community development department.

(Ord. 403 § 1 (part), 1978: prior code § 9609(A)(1).)

(Ord. No. 2002, § A, 11-9-2022)

The community development department will study the proposed ordinance amendment and will provide information necessary to assure action consistent with the intent of this title and the general plan and will report the findings to the Economic Development and Land Use Committee.

After receiving feedback from the committee, the applicant may choose to proceed with the pursuit of the proposed ordinance amendment, and a uniform fee as determined by city council resolution will be paid for the purpose of defraying the costs incidental to the proceedings.

The community development department will further investigate the proposed ordinance amendment and will report the findings and proposed ordinance to the commission.

(Ord. 403 § 1 (part), 1978: prior code § 9609(A)(2).)

(Ord. No. 2002, § 3B, 11-9-2022)

A.

The hearing date will be set by the community development department following compliance with the California Environmental Quality Act.

B.

Notice of the public hearing will be provided in accordance with Chapter 19.84.

(Ord. 403 § 1 (part), 1978: prior code § 9609(A)(3).)

(Ord. No. 1153, § 4(Z), 5-25-2018)

A.

The commission shall, not less than ten nor more than thirty days after the publication of the legal notice of a public hearing on an ordinance amendment, hold the public hearing.

B.

Within forty days after the conclusion of the public hearing, the commission shall file its recommendation with the council, together with a report of findings, hearings and other supporting data.

(Ord. 403 § 1 (part), 1978: prior code § 9609(A)(4).)

A.

The hearing date shall be set by the city clerk for not more than thirty days after the filing of the commission's recommendation.

B.

The city council may adopt by ordinance the amendment recommended by the planning commission after holding at least one public hearing thereon. The city council may modify the amendment recommended by the planning commission, provided the proposed modification has been referred back to the planning commission for a report, pursuant to subsection C of this section.

C.

The planning commission shall review the changes proposed and referred to it by the city council and shall report its recommendations back to the city council, such report to be filed with the city council not more than forty days after the referral by the city council.

(Ord. 403 § 1 (part), 1978: prior code § 9609(A)(5).)

For the purposes of this chapter, the following definitions apply:

"Cottage food employee" has the meaning set forth in California Health and Safety Code Section 113758(b).

"Cottage food operation" has the meaning set forth in California Health and Safety Code Section 113758(a).

"Cottage food products" has the meaning set forth in California Health and Safety Code Section 113758(b).

"Permitted area" has the same meaning as "registered or permitted area" as set forth in California Health and Safety Code Section 113758(b).

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A cottage food operation is a permitted use in a residential dwelling subject to compliance with the provisions of this chapter and the issuance of a cottage food operation permit under this chapter.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A.

A cottage food operation permit is required prior to commencing any cottage food operation in a private residential dwelling, including an apartment or other leased space.

B.

The application process for a cottage food operation permit is as follows:

1.

The application must be made by the individual who proposes to conduct the cottage food operation from his or her private residential dwelling and is the owner of the cottage food operation.

2.

The application must be filed on the application form provided by the department and accompanied by the applicable processing fee established by city council resolution.

3.

If the applicant does not own the property in which he or she proposes to establish a cottage food operation, the property owner's written authorization must be provided.

4.

If the property on or in which the cottage food operation will be conducted is part of an active homeowners association, the applicant must provide written authorization from the homeowners association to conduct the cottage food operation from the property.

C.

Upon filing a complete application form with the department, the director will cause to be conducted an inspection of the premise for which the application was filed and will provide written notice either denying or issuing the permit. A cottage food operation permit may be issued if the director finds that such use complies with all applicable requirements set forth in Sections 19.74.040 and 19.74.050.

D.

A cottage food operation does not require a home occupation permit under Chapter 19.65 of this code. However, if any business activity other than a cottage food operation occurs within a private residential dwelling, a home occupation permit is required prior to the commencement of such business activity.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

The following operational requirements apply to cottage food operations:

A.

All cottage food operations must comply with the requirements of the Ventura County Environmental Health Division and the California Department of Public Health. Applicants must first obtain a Cottage Food Operation Class A or Class B Permit from the county prior to submitting an application for a cottage food operation permit under this chapter. A copy of a valid county Class A or Class B permit must be furnished with the application to the department.

B.

Permitted cottage food products that may be produced at the residential dwelling as part of the cottage food operation are limited to those cottage food products listed by the California Department of Public Health.

C.

Cottage food functions including storage, preparation, mixing, assembling, packaging, labeling, or direct sales must occur only within the permitted area.

D.

Residents of the dwelling unit and a maximum of one cottage food employee, not including a family or household member, are permitted in a cottage food operation at any one time.

E.

Only cottage food products produced at the cottage food operation may be sold or sampled at the dwelling unit.

F.

No sit down dining or meal service other than the brief sampling of the cottage food products produced on the premise is permitted.

G.

The establishment of the cottage food operation may not change the principal residential character or use of the dwelling unit involved.

H.

No exterior alterations may be made to the dwelling unit for the purposes of use by the cottage food operation that would change the residential character of the dwelling.

I.

No signs identifying or advertising the cottage food operation are permitted on the premises, except those required by government agencies.

J.

Cottage food operations may not be:

1.

Located within three hundred feet of the property line of any single-family home where another cottage food operation is located; or

2.

Located within the same building of an apartment complex or other multifamily housing development (i.e. condominiums or townhomes) where another cottage food operation exists.

K.

Visitation and deliveries incidental to the cottage food operation are limited to the hours of seven a.m. to seven p.m., Monday through Saturday, and are not permitted on Sundays or holidays. This subsection applies to deliveries made by commercial vehicles, as defined in Chapter 11.44 of this code, as well as deliveries made by non-commercial vehicles.

L.

The cottage food operation must comply with all applicable inspection requirements.

M.

Cottage food operations may not create noise levels in excess of those allowed by this code in the applicable zone in which the dwelling unit is located.

N.

Cottage food operations are subject to all residential zoning requirements set forth in this code, so long as such zoning requirements are not in conflict with the provisions of this chapter. Cottage food operations may not engage in any activity that would result in a violation of this code or any local, state or federal law or regulation.

O.

In addition to a cottage food operation permit, cottage food operations must obtain all applicable permits, licenses, and certificates required for the operation of a business under this code.

P.

Cottage food operations must at all times comply with the restrictions on gross annual sales as set forth in California Health and Safety Code Section 113758. Cottage food operators must at all times maintain applicable tax returns or other proof of gross annual sales for the cottage food operation, and must promptly provide such documentation to city officials upon request.

Q.

Additional conditions relating to concentration, traffic control, parking, and noise control may be imposed as deemed necessary by the director.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A.

No vehicles, trailers (including pick-up trucks and vans) or other equipment, except those normally incident to the residential use, may be kept on the site or in the near vicinity in a manner that obstructs the free flow of traffic, or violates the provisions of this code applicable to parking in residential zones, including but not limited to the provisions of Chapter 11.20 and Chapter 19.44 of this code.

B.

Commercial vehicles, as defined in Chapter 11.44, may not be kept permanently on the site or in the near vicinity to the cottage food operation unless engaged in the delivery of goods or services to the cottage food operation.

C.

For single family homes, parking spaces in the property's garage or carport (if present) and driveway must be available for the actual parking demand created by the use, including parking spaces for the applicant's and applicant's family members' vehicles, and a parking space for an employee if an employee is present. Parking spaces must comply with the size requirements listed in Chapter 19.44 of this code.

D.

For multifamily developments, the cottage food operator's designated space(s) must be available for the actual parking demand created by the use, including parking spaces for the applicant's and applicant's family members' vehicles, and a parking space for an employee if an employee is present. On-site parking in an apartment complex or other multifamily residence requires written consent from the property owner, landlord, homeowners association or property manager.

E.

All applicants must demonstrate reasonable on-street parking within a three hundred foot radius of the residential dwelling. On-street parking spaces may be used for persons picking-up and/or delivering materials for the operation, third party retailers, and customers if direct sales on the property are proposed. On-street parking must comply with the applicable provisions of Chapter 11.20 of this code.

F.

Deliveries and customer visitations to the cottage food operation may not unreasonably interfere with the free flow of traffic in the residential zone.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A cottage food operation permit issued in accordance with the provisions of this chapter may be revoked if the director finds that any of the following conditions exist:

A.

That any condition of the cottage food operation permit or provision of this chapter has been violated.

B.

That the cottage food operation has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter 9.12 of this code.

C.

That the permit was obtained in a fraudulent manner.

D.

That the cottage food operation no longer maintains a valid Class A or Class B Permit from the Ventura County Environmental Health Division.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A cottage food operation permit issued in accordance with the provisions of this chapter may not be transferred, assigned or used by any person other than the permittee, used at any location other than the one for which the permit is granted, or used for any other type of food sales or distribution activity than the type for which the permit is granted.

(Ord. No. 1079, § 3(Exh. A), 9-25-2013)

A.

The purpose of this chapter is to regulate the development and operation of wireless communication facilities within the city to the extent permitted by state and federal law with the intent to:

1.

Allow for the provision of wireless communication services at levels adequate to serve the city's businesses, residents, and general public.

2.

Establish fair and efficient processes for the review and approval of applications for new and modified wireless communication facilities that assure the comprehensive review of the potential impacts of such facilities, while enabling the providers of wireless communication services to effectively and efficiently provide services within the city.

3.

Provide uniform and comprehensive standards for the siting, development, installation, and operation of wireless communication facilities in order to minimize negative aesthetic impacts and other potential public health and safety impacts related to such facilities, and to protect property values.

4.

Encourage the location of wireless communication facilities in those areas of the city where the adverse aesthetic impacts on the community are minimal.

5.

Encourage the collocation of wireless communication facilities, particularly in the public right-of-way due to the limited number of existing support structures and limited space available for new facilities in such areas.

6.

Regulate wireless communication facilities within the public right-of-way consistently with the rights conferred on telephone corporations and municipalities under California Public Utilities Code sections 7901 and 7901.1, while addressing the aesthetic and safety concerns unique to such facilities due to their location in the public right-of-way, which is an area that is both highly visible and is shared with pedestrians, motorists, municipal facilities, and other utility infrastructure.

B.

The regulations in this chapter are not intended to, and may not be interpreted or applied to:

1.

Prohibit or effectively prohibit the provision of personal wireless services;

2.

Unreasonably discriminate among functionally equivalent wireless communication service providers; or

3.

Regulate wireless communications facilities and transmission equipment on the basis of the environmental or public health effects of radio frequency exposure to the extent that such emissions comply with the standards established by the Federal Communications Commission.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

For purposes of this chapter, the following terms have the meanings set forth in this section:

"Antenna" means the physical device through which electromagnetic, wireless communication signals authorized by the FCC are transmitted or received.

"Base station" means the transmission equipment and non-tower support structure at a fixed location that enable FCC-licensed or authorized wireless communications between user equipment and a communications network. A "non-tower support structure" means any structure (whether built for wireless purposes or not) that supports wireless transmission equipment under a valid permit at the time the applicant submits its application.

"Building mounted" means a wireless communication facility that is mounted to a building.

"Camouflaged wireless communication facility" means a wireless communication facility that is designed to mask or blend with the surrounding environment in such a manner to render it generally unnoticeable to the casual observer. These types of facilities may include antennas located on light poles and power poles, ground mounted or building mounted antennas that blend with the surroundings, and base station equipment screened by landscaping.

"Collocation" means the placement or installation of wireless communication facilities, including antennas and related transmission equipment, on an existing and permitted support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

"CPUC" means the California Public Utilities Commission.

"Director" means the city's community development director or designee.

"FCC" means the Federal Communications Commission.

"Ground mounted" means a wireless communication facility with its support structure placed directly on the ground.

"Least intrusive means" means the location and design of a wireless communication facility that, in light of all the facts and circumstances, most closely conforms to the development standards articulated in this chapter while at the same time reasonably accomplishes the applicant's or permittee's technical objectives.

"Monopole" means a support structure constructed of a single, self-supporting pole securely anchored to a foundation constructed for the sole purpose of supporting transmission equipment.

"Observable wireless communication facility" means a wireless communication facility that is neither a fully camouflaged wireless communication facility nor a fully stealth wireless communication facility.

"Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. The term "unlicensed wireless service" means the offering of wireless communications services using duly authorized devices which do not require individual licenses.

"Public right-of-way" means any public highway, street, alley, sidewalk, or parkway that is owned, operated, or controlled by the city.

"Right-of-way agreement" means the city's standard form of right-of-way agreement, as approved by the city attorney's office, setting forth the terms and conditions of the use of the public right-of-way by public or private utilities for their facilities.

"Roof mounted" means a wireless communication facility that is mounted to a rooftop.

"Stealth wireless communication facility" means a wireless communication facility that is architecturally integrated into a building or other concealing structure, or located such that no portion of any transmission equipment or base station, or any other apparatus associated with the function of the facility is visible from publicly accessible spaces.

"Substantial change" means any of the following as applied to an existing wireless communication facility:

1.

Wireless tower (outside of the public right-of-way):

a.

Height. The proposed collocation or modification would increase the height more than ten percent, or the height of one additional antenna array would be more than twenty feet above the height of the nearest existing antenna (whichever is greater).

b.

Width. The proposed collocation or modification would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance (whichever is greater).

2.

Wireless tower (in the public right-of-way):

a.

Height. The proposed collocation or modification would increase the height more than ten percent or ten feet (whichever is greater) above the originally approved height.

b.

Width. The proposed collocation or modification would protrude from the edge of the originally approved structure by more than six feet.

3.

Base station (wherever located):

a.

Height. The proposed collocation or modification would increase the height more than ten percent or ten feet (whichever is greater) above the originally approved height.

b.

Width. The proposed collocation or modification would protrude from the edge of the originally approved structure by more than six feet.

4.

The proposed collocation or modification would involve adding more than the standard number of new equipment cabinets for the technology involved, but in no event may exceed four new equipment cabinets.

5.

A proposal that includes excavation or deployment of equipment outside the current wireless communication facility site. For the purposes of this provision, "outside of the current wireless communication facility site" means:

a.

outside the boundaries of the controlled, leased or owned property surrounding the wireless tower and base station and any access or utility easements related to the site as shown on the approved plans with respect to a facility outside of a public right-of-way; and

b.

outside the proximity of the footprint of the existing ground mounted transmission equipment with respect to a facility within a public right-of-way.

6.

A proposal to alter or expand the exterior of any wireless communication facility or base station that was originally approved as stealth or camouflaged that defeats the originally approved stealth or camouflaged design elements. For the purposes of this provision, the term "defeat" means to change a stealth or camouflaged wireless communication facility in such a manner so that it may no longer be considered stealth or camouflaged.

7.

The proposed collocation or modification would violate an existing condition of approval, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, new excavation, or aesthetic change that does not exceed the corresponding "substantial change" thresholds identified in 1-6 above with respect to a wireless tower or base station.

8.

Any proposed collocation or modification that would constitute a "substantial change" under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, as it may be amended, as such term is defined or interpreted by any rule, order, ruling, or other decision of the FCC or decision of a court with jurisdiction over the area of the city.

9.

A proposal that would prevent or obstruct full implementation of the city's standard street or parkway sections.

10.

A proposal that would alter required access, parking, or landscaping from that shown on the approved site plans.

11.

A proposal to replace the wireless tower or foundation.

12.

A proposal to alter the width, bulk, or arrangement of a wireless communication facility that may violate any law, rule, regulation, or other requirement intended to protect public health and safety.

"Transmission equipment" means any equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.

"Wireless communication facility" or "facility" means all equipment and other improvements installed for the purpose of providing wireless transmission of voice, data, images, or other information including, but not limited to, cellular phone service, personal wireless services, and paging services, consisting of equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems. A wireless communication facility does not include on-site radio or television broadcast facilities.

"Wireless communication services" means the transmission of information by wireless communication facilities for hire, sale, or resale to the general public. This definition excludes the over-the-air transmission of broadcast television or broadcast radio signals.

"Wireless tower" means any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. This does not include structures that were installed to replace or collocate upon existing power poles, light poles, energy transmission towers, and buildings.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A.

The requirements of this chapter apply to all wireless communication facilities within the jurisdiction of the city, except those exempted in subsection (B).

B.

The following facilities are exempt from the provisions of this chapter:

1.

Any ground or building mounted antenna that receives broadcast radio or television signals for use only by owners or occupants of the property or development on which the antenna is located and that does not exceed the maximum allowable building height for the zone in which the antenna is located.

2.

Any ground or building mounted dish antenna that receives broadcast radio or television signals for use only by owners or occupants of the property or the development on which the dish antenna is located, and that does not exceed one meter in diameter.

3.

Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the FCC that does not exceed the maximum allowable height for such use in the zone in which it is located. For the purpose of this chapter, amateur radio means the licensed non-commercial, non-professional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A.

New wireless communication facilities are permitted as follows:

1.

Stealth wireless communication facilities that meet the requirements of this chapter are permitted in all zones subject to the approval of a conditional use permit under Chapter 19.62 of this code.

2.

Camouflaged wireless communication facilities that meet the requirements of this chapter are permitted in the Open Space (OS), Rural Exclusive Residential (R-E) and Single Family Residential (R-1) zones subject to the approval of a conditional use permit under Chapter 19.62 of this code.

3.

Observable wireless communication facilities are not permitted in any zone; provided, however, that legal non-conforming facilities may be modified as long as such alterations do not constitute a substantial change.

4.

Stealth wireless communication facilities and camouflaged wireless communication facilities where the non-antenna transmission equipment is also stealth are permitted in the public right-of-way subject to the approval of an administrative permit under this chapter.

B.

Existing wireless communication facilities may be expanded or modified as follows:

1.

Facilities not in Public Right-of-Way - No Substantial Change. Collocations on or modifications to existing, approved wireless communication facilities not in the public right-of-way that do not constitute a substantial change and that meet the requirements of this chapter are permitted subject to the approval of an application for an administrative modification to the existing conditional use permit under Section 19.76.080 of this chapter and Chapter 19.62 of this code.

2.

Facilities not in Public Right-of-Way - Substantial Change. Collocations on or modifications to existing, approved wireless communication facilities not in the public right-of-way that constitute a substantial change and that meet the requirements of this chapter are permitted subject to the approval of an application for a modification to the existing conditional use permit under Chapter 19.62 of this code.

3.

Facilities in Public Right-of-Way. Collocations on or modifications to existing approved wireless communication facilities in the public right-of-way and that meet the requirements of this chapter are permitted subject to the approval of an application for the modification to the existing administrative permit under Section 19.76.080 of this chapter.

C.

Wireless communication facilities are prohibited on any property where the primary use of the property is residential.

D.

In addition to any conditional use permit or administrative permit or modification to such permit required under this chapter, an applicant for any proposed new, collocated or modified wireless communication facilities must also apply for and obtain any separate permit or approval for such facility required under the city's municipal code, including the city's building, electrical, and safety codes.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015; Ord. No. 1178, § 4F, 4-28-2021)

A.

General Application Requirements for New Facilities. Applicants for a new wireless communication facility must submit the items listed in this subsection. These submittal requirements are in addition to those required under Chapter 19.62 for a conditional use permit application, as applicable.

1.

Application Fee. The applicable wireless communication facility application fee established by city council resolution.

2.

Legal Authority. Evidence that the applicant has all current licenses and registrations from the FCC, the CPUC, and any other applicable regulatory bodies necessary to provide wireless communication services utilizing the proposed wireless communication facility.

3.

Property Owner Consent. A copy of the fully executed lease, license, or other instrument granting the right to use the proposed location or a letter from the record owner of the property consenting to the application.

4.

Statement of Purpose. A written statement that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefitted; (c) the estimated number of users in the targeted service area; and (d) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

5.

Alternative Sites Analysis. A map that indicates existing, identifiable wireless communication facilities within a one mile radius of the proposed location of the new wireless communication facility, and an explanation of why collocation on these existing facilities, if any, is not feasible. This explanation must include such technical information and other factual justifications as are necessary to document the reasons why collocation is not a viable option. The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable, or not as aesthetically desirable as the proposed location. This explanation must include such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable, or not as aesthetically desirable as the proposed location. If an existing wireless communication facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. The written explanation must also state the radio frequency coverage and capacity needs and objectives of the applicant, and must include maps of existing coverage and predicted new coverage with the proposed facility.

6.

Collocation Statement. A statement that the proposed wireless communication facility is available for collocations, or an explanation of why future collocation is not technically feasible or potentially available.

7.

Site Plans. A fully dimensioned site plan and elevation drawings prepared by a licensed engineer showing any existing wireless communication facilities with all existing transmission equipment and other improvements and the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the property surrounding the proposed facility and any access or utility easements related to the site.

8.

Height Certification. A certification prepared by a licensed engineer that provides technical data sufficient to justify the proposed height of any new monopole or building mounted facility.

9.

Color samples and materials of any visible portion of the facility, including any stealth or camouflage concealing structure.

10.

Photo-Simulations. Photo-simulations showing the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the location of each view angle.

11.

Installation Explanation. A detailed explanation of the manner of installation of the proposed facility.

12.

Radio Frequency Exposure Compliance Report. A radio frequency (RF) report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the frequency and power levels (in watts ERP) for all existing and proposed transmitters at the site and exhibits that show the location and orientation of all transmitters and the boundaries of areas with exposures in excess of the uncontrolled/general population limit and the controlled/occupational limit.

13.

Noise Study. A noise study prepared and certified by an engineer for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the city's noise regulations. The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.

14.

Landscape Plans. Conceptual landscape plans (for any ground mounted facilities).

15.

Deposit. A cash or other sufficient deposit for any third party peer review determined by the director to be necessary to ensure compliance with the technical requirements of this chapter.

16.

Such other information as may be reasonably required by the director in order to demonstrate that the proposed facility will not be detrimental to the public health, safety or welfare.

B.

Application Requirements for Collocations and Modifications not in the Public Right-Of-Way. Applicants seeking to expand or modify an existing wireless communication facility not in the public right-of-way or to collocate on an existing wireless communication facility not in the public right-of-way need only submit the following items from subsection (A) above, as applicable: application items 1, 2, 3, 7, 9, 10, 11, 12, 13, 14, 15 and 16.

C.

Additional Application Requirements for New Facilities or Modifications to or Collocations on Existing Facilities in the Public Right-Of-Way. Applicants for a new wireless communication facility proposed to be located in a public right-of-way or modifications to or collocations on an existing facility in the public right-of-way must submit the following items in addition to those set forth in subsection (A) above, as applicable:

1.

A written justification for the applicant's claimed right to permanently install a facility in the public right-of-way. In cases where the applicant claims a right based on a franchise or a certificate of public convenience and necessity (CPCN) issued by the CPUC, a copy of the franchise agreement or CPCN must be provided, including a copy of the certified environmental document from the CPUC covering the applicant's proposed wireless communication facilities within the city, including all mitigation measures as required by the CPUC pursuant to the required environmental analysis. Any applicant that, prior to 1996, provided communication service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a CPCN.

2.

A complete application for an encroachment permit under Chapter 13.04 of this code, if any proposed facility may impact traffic.

3.

An executed right-of-way agreement or proof that the applicant has previously entered into such right-of-way agreement with the city and that such agreement remains valid.

4.

Written authorization from the appropriate utility company for the collocation on a streetlight pole, utility pole, or other utility apparatus.

5.

A fully dimensioned and scaled site plan that illustrates the following information within 150 feet of the proposed wireless communication facility:

a.

The distances between all proposed and existing wireless communication facilities and all other infrastructure within the public right-of-way such as other existing transmission equipment, utility poles, light poles, fire hydrants, bus stops, traffic signals and above and below ground utility equipment vaults.

b.

The distance and location of adjoining property lines and easement boundaries abutting the public right-of-way, curbs, driveway approaches, easements, walls, existing utility substructures, and parkway trees from the wireless communication facility.

c.

The immediate adjacent land uses and building locations.

d.

The dedicated width of the public right-of-way.

e.

The location of all existing sidewalks and parkway landscape planters.

6.

All conduit locations between the proposed wireless communication antennas and the infrastructure necessary to operate the antennas.

7.

Conceptual landscape and irrigation plans.

8.

An approved long-term landscape maintenance agreement with the private property owner.

9.

An analysis demonstrating that the proposed equipment location and landscaping will not impede vehicular visibility at any adjacent intersection or driveway.

10.

Such other information as may be reasonably required by the director or public works director in order to demonstrate that the proposed facility will not be detrimental to the public health, safety or welfare.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A.

Location Preferences. To minimize aesthetic and visual impacts, new wireless communication facilities not within the public right-of-way should be located according to the following preferences, ordered from most preferred to least preferred, to the maximum extent feasible:

1.

Existing structures in industrial zones;

2.

Existing structures in commercial zones;

3.

Existing structures in open space zones;

4.

New structures in industrial zones;

5.

New structures in commercial zones;

6.

New structures in open space zones;

7.

Existing structures in residential zones;

8.

New structures in residential zones.

B.

General Standards. The following design and development standards apply to wireless communication facilities in all zones:

1.

Stealth wireless facilities are preferred over camouflage wireless facilities in zones where camouflage wireless facilities are permitted, particularly where existing structures are available or new structures could be constructed to accommodate a stealth wireless facility.

2.

The overall development footprint of each wireless communication facility must be as small as technically feasible, and accessory buildings, shelters, cabinets, underground vaults and other ground mounted equipment must be grouped together to the maximum extent feasible.

3.

There may be no net loss of required parking or landscaping when siting a wireless communication facility.

4.

Paint colors must be selected to minimize visual impacts by blending with the surrounding environment and buildings.

5.

The exterior surfaces must be constructed of nonreflective materials.

6.

Wireless communication facilities may not be lighted or marked unless required by the FCC or the Federal Aviation Administration.

7.

No signs, flags, banners, or any form of advertising may be attached to a wireless communication facility except for government-required certifications, warnings, or other required seals or signs, or except as expressly provided by other provisions of this code.

8.

The height may not exceed the maximum building height in the applicable zone unless supported by a technical study that clearly demonstrates the need to exceed such height limitation.

9.

A facility may not encroach into any applicable setback for structures in the applicable zone.

C.

Building and Roof Mounted Standards. The following design and development standards apply to building and roof mounted wireless communication facilities in all zones:

1.

Facilities must be architecturally integrated into the applicable building design so that it matches the proportion, style and quality of exterior design of the building and surrounding visual environment and is otherwise as unobtrusive as possible.

2.

Roof mounted wireless communication facilities must be screened from public view using screening devices that are compatible with the existing architecture, color, texture, and materials of the building.

3.

Cable trays and runs on a roof deck must be mounted below or otherwise screened by the parapet wall or other screening device.

D.

Ground Mounted Standards. The following additional design and development standards apply to ground mounted wireless communication facilities:

1.

Facilities must be designed and situated in a manner that utilizes existing natural or man-made features including, but not limited to, topography, vegetation, buildings, or other structures to visually screen the wireless communication facility to the greatest extent feasible.

2.

Attempts to replicate trees or other natural objects may be used where permitted if deemed compatible to existing trees or natural objects in the immediate vicinity.

3.

No guy wires or other diagonal or horizontal support structures may be utilized.

4.

Cable trays and runs must be located inside the pole and underground.

5.

A facility must be set back a distance of at least 150 percent of the height of the facility from the nearest property line of any residentially zoned or occupied lot.

E.

Public Right-Of-Way Standards. The following additional design and development standards for wireless communication facilities apply to facilities in the public right-of-way:

1.

To minimize aesthetic and visual impacts, wireless communication facilities in the public right-of-way should be designed and located according to the following preferences, ordered from most preferred to least preferred, to the maximum extent feasible:

a.

Collocation on an existing stealth facility;

b.

Collocation on an existing camouflaged wireless tower or base station;

c.

Location or collocation on an existing utility or light pole with a camouflaged facility;

d.

A new stealth facility; and

e.

A new utility pole or light pole with a camouflaged facility.

2.

Wireless communication facilities are prohibited in all center street medians.

3.

No wireless communication facility may be located or constructed in a manner that would unreasonably interfere with the use of city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic or parking on city property or within the public right-of-way, interference with public utilities, interference with visibility along the public right-of-way, and any such other activities that would present a hazard to public health, safety or welfare when alternative locations or methods of construction would result in less disruption.

4.

All wireless communication facilities must be built in compliance with the Americans with Disabilities Act (ADA), including but not limited to the provision of adequate surface access and pedestrian traffic movement in and around wireless towers and base stations.

5.

All facilities may only have subdued colors and non-reflective materials that blend with the surrounding area.

6.

Conduits must be concealed within the support pole to the maximum extent feasible.

7.

Utility and light poles:

a.

Pole-mounted transmission equipment or any portion of a wireless communication facility may not exceed six feet above the pole tip height unless supported by a technical study that clearly demonstrates the need to exceed such height limitation.

b.

No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface.

c.

Pole-mounted equipment, other than the antenna, may not exceed 8.5 cubic feet in area and must be compatible in structure, scale, and proportion to the existing streetlight or utility pole equipment.

d.

No new poles may be installed on a public right-of-way except as replacements for existing poles or where there are presently no overheard utility facilities unless the CPUC has authorized the applicant to install such facilities and the applicant demonstrates that no other feasible options exist.

e.

All wireless communication facilities mounted on a utility pole must comply with CPUC General Order 95, as it may be amended.

8.

Non-antenna transmission equipment:

a.

Non-antenna transmission equipment, including electric meter pedestals, must be placed underground to the maximum extent feasible.

b.

Non-antenna transmission equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians or motorists.

c.

Non-antenna transmission equipment and underground vaults require an excavation permit under Chapter 13.04 of this code and a valid right-of-way agreement.

d.

All ground-mounted non-antenna transmission equipment installed above ground must be screened from public view with landscaping or other decorative features.

F.

Collocation and Modification Standards. The following additional development and design standards apply to collocations and modifications to existing wireless communication facilities:

1.

The collocated or modified facility must comply with all applicable approvals and conditions of the permit for the host wireless communication facility.

2.

Related equipment for collocated facilities must be located within the lease-hold or existing equipment enclosure, or if not possible, then such equipment must be located as close as possible to the existing equipment enclosure.

3.

The stealth or camouflage techniques approved and used for the existing wireless communication facility must be extended to all proposed new transmission equipment.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

The director is authorized to retain on behalf of the city an independent technical expert to peer review any application for a wireless communication facility if reasonably necessary, as determined by the director. The applicant must pay for the cost of such review and must provide a reasonable advance deposit of the estimated cost of such review with the city prior to the commencement of any work by the technical consultant. The review is intended to be an analysis of technical aspects of the proposed wireless communication facility and may address any of the following:

1.

Compliance with applicable radio frequency exposure standards.

2.

Whether any facility is necessary to mitigate a significant gap in coverage, increase network capacity, or maintain service quality and is the least intrusive means of doing so.

3.

The accuracy and completeness of submissions.

4.

Technical demonstration of the infeasibility or potential unavailability of alternative sites or configurations or coverage analysis.

5.

The applicability of analysis techniques and methodologies.

6.

The validity of conclusions reached.

7.

Technical data submitted by the applicant to justify the proposed height of any new installation including monopoles or building mounted sites.

8.

Any specific technical issues designated by the city.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A.

Where an administrative permit, administrative modification to an administrative permit, or an administrative modification to a conditional use permit is required under this chapter such review and approval or denial will be performed by the director to assure compliance with the provisions of this chapter. Action on an administrative permit may be done without publishing, posting, or mailing of notice and without a public hearing.

B.

The director may approve the permit or modification, deny the permit or modification, or approve the permit or modification subject to conditions necessary for the proposed new facility or modifications to an existing facility to comply with this chapter, the municipal code, and any other applicable regulations.

C.

The director will provide written notice to the applicant of the director's decision on the permit application.

D.

An administrative permit or administrative modification issued under this chapter may be revoked or rescinded if the director finds that any of the following conditions exist:

1.

That any condition of the administrative permit or administrative modification has been violated;

2.

That the subject use has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter 9.12 of this code;

3.

That the permit or modification was obtained in a fraudulent manner;

4.

That the use for which the permit or modification was granted has ceased for a minimum of six consecutive months or longer; or

5.

That the permit holder has notified the city that the use has been voluntarily abandoned and the director confirms such recession in writing.

E.

The director must provide notice of a decision to revoke a permit, including the grounds for such decision, to the permit holder by certified mail. The director's decision may be appealed to the planning commission as provided subsection (F).

F.

Any person may appeal a decision of the director on an administrative permit or administrative modification to a permit or conditional use permit under this chapter. The appeal must be made in writing and filed with the department of community development within ten days from the date of the issuance of the director's decision. The appeal must be made on the approved form available from the department of community development and must include the grounds for the appeal, and the applicable appeal processing fee established by the city council. The planning commission will conduct a de novo review of the director's decision, and the decision of the planning commission will be final.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A conditional use permit for a new wireless communication facility or administrative permit or administrative modification to a permit or conditional use permit may be granted only if the following findings are made by the designated reviewing body or person, in addition to any findings applicable under chapter 19.62 (Conditional Use Permit):

1.

The proposed wireless communication facility has been designed to achieve compatibility with the surrounding community to the maximum extent reasonably feasible in accordance with the provisions of this chapter.

2.

The proposed wireless communication facility constitutes the least intrusive means to reasonably achieve the applicant's stated technical objectives in accordance with the provisions of this chapter.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

In addition to any conditional use permit or administrative permit or modification to any such permit required under this chapter, an applicant for any proposed new, collocated or modified wireless communication facility must also apply for and obtain any separate permit or approval for such facility required under the city's municipal code, including the city's building, electrical, and safety codes.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

A.

Within 60 days of commencement of operations, the permittee of a new wireless communication facility must provide the community development department with a report, prepared by a qualified engineer acceptable to the city, indicating that the actual radio frequency (RF) emissions of the facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, is in compliance with all applicable FCC safety standards. This report must include RF emissions from all collocation facilities, if any, at the site. The permittee must also provide an updated report to the city within 60 days after completion of any change in design, number of antennas, operation, or other significant change in circumstances, or when such a report is otherwise required by the FCC, to the satisfaction of the director.

B.

All wireless communication facilities must comply with all standards and regulations of the FCC, and any other state or federal government agency with the authority to regulate wireless communication facilities.

C.

The site and the wireless communication facility, including all landscaping, fencing, and related transmission equipment must be maintained in a neat and clean manner and in accordance with all approved plans.

D.

All graffiti on wireless communication facilities must be removed at the sole expense of the permittee within 48 hours of notification.

E.

No transmission equipment or any other associated equipment (including but not limited to heating and air conditioning units) at any wireless communication facility may emit noise that exceeds the applicable limits established in Chapter 10.34 of this code.

F.

A wireless communication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities.

G.

If any FCC, CPUC or other required license or approval to provide communication services is ever revoked, the permittee must inform the director of the revocation within ten days of receiving notice of such revocation.

H.

A wireless communication facility and all equipment associated with the use must be removed in its entirety by the permittee, at the permittee's sole expense, within 180 days of a FCC or CPUC license or registration revocation, or if any applicable city permit or approval is revoked, and the permittee must immediately cease all transmitting and receiving operations at the applicable facility or facilities. Following the removal of a facility, the site must be restored to its reasonable pre-installation condition and, where necessary, revegetated to blend in with the surrounding area. In the case of building mounted facilities, all antennas, equipment, screening devices, support structures, cable runs, and other appurtenant equipment must be removed. Restoration and revegetation of the site must be completed within two months of removal of the facility.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

Upon transfer of an approved wireless communication facility or any rights under the applicable permit or approval, the permittee of the facility must within thirty days of such transfer provide written notification to the director of the date of the transfer and the identity of the transferee. The director may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

An exception to the standards or requirements of this chapter may be granted if an applicable standard or requirement would prohibit or have the effect of prohibiting the provision of wireless communication services by the applicant. The city may grant an exception on such terms as the city may deem appropriate in cases where the city determines that the grant of the exception is necessary to comply with any state or federal law or regulation and where the applicant shows by clear and convincing evidence that no other location or combination of locations or type of facility in compliance with this chapter can provide comparable wireless communication services. An applicant seeking an exception must submit to the director a written explanation setting forth clear and convincing evidence that the location or locations and the design of the proposed facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the proposed facility is the least intrusive means to close a significant gap in service coverage or to reduce the gap to less than significant. All exceptions are subject to the review and approval of the planning commission. The burden is on the applicant to prove a significant gap in service coverage and that the exception sought for the proposed facility is the least intrusive means to close the significant gap in service coverage or to reduce the gap to less than significant.

(Ord. No. 1108, § 7(Exh. A), 3-11-2015; Ord. No. 1109, § 7(Exh. A), 3-25-2015)

The notice of a public hearing must contain the time and place of the hearing, a summary of the proposed action and use, and the location of the subject property.

(Ord. No. 1153, § 3, 5-25-2018; Ord. No. 2030, § 4(Exh. A), 5-14-2025)

A.

The notice must be published at least once in a newspaper of general circulation in the city not less than ten days before the hearing date.

B.

The notice must be posted on the city's website not less than ten days before the hearing date.

C.

All noticing for any zoning ordinance or amendment to a zoning ordinance that changes any property from one zone to another or the permitted uses of real property must be published not less than twenty days before a planning commission hearing date where the matter will be discussed.

(Ord. No. 1153, § 3, 5-25-2018; Ord. No. 2030, § 4(Exh. A), 5-14-2025)

A.

As part of the application process, the applicant must provide the city with a list of property owners and their addresses within a radius of six hundred feet of the exterior boundaries of the subject property, including properties outside of the city limits ("mailing list"). The mailing list must be certified as being from the most recent county equalized assessment roll.

B.

The city will mail the notice, postage prepaid, to the applicant and all property owners on the mailing list not less than ten days before the hearing date or consistent with the requirements of Section 19.84.020(C), if applicable.

C.

The city will also mail the notice, postage prepaid, not less than ten days before the hearing date to all property owners associations and home owners associations on record with the city as having an interest in the subject property, as well as those associations that have an interest in properties that are within a radius of six hundred feet of the exterior boundaries of the subject property to the extent such interests can be readily identified in existing city records, including any property located outside of the city limits. Notice shall be mailed consistent with the requirements of Section 19.84.020(C), if applicable.

D.

The city will also mail notice to any person who has filed a written request for such notices with the community development department not less than ten days before the hearing date or consistent with the requirements of Section 19.84.020(C), if applicable. Such a request may be submitted at any time during the calendar year and will apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

E.

The date of mailing is the date of notice. The failure of any person to receive the mailed notice provided under this section will not affect or invalidate any action taken by the city on the application.

(Ord. No. 1153, § 3, 5-25-2018; Ord. No. 2030, § 4(Exh. A), 5-14-2025)

A sign providing notice of the public hearing must be posted on the subject project site not less than ten days before the hearing date. If the public hearing is on an amendment to a zoning ordinance that changes the zoning of a property, the on-site public notice sign must be posted on the subject site not less than twenty days before a planning commission hearing date where the matter will be discussed. The sign must conform to the city's public hearing notice administrative procedures prepared by and available at the community development department.

(Ord. No. 1153, § 3, 5-25-2018; Ord. No. 2030, § 4(Exh. A), 5-14-2025)