Oxnard City Zoning Code

ARTICLE V

SPECIFIC USE REQUIREMENTS

DIVISION 7. (RESERVED)

Editor’s note:

Division 7 was repealed by Ord. No. 2912, adopted December 20, 2016. Division 7 related to incentives to create affordable housing, and the sections thereunder were derived from Ord. Code §§ 36-7.14.136-7.14.4, 36-7-14.636-7.14.11, 36-7.14.13 and 36-7.14.14, and Ord. Nos. 2505, 2630, 2631, 2705 and 2789.

SEC. 16-335. PURPOSE.

The purpose of this article is to promote the health, safety, and general welfare of the citizens of the city by regulating adult businesses, by specifying appropriate locations for such businesses, and by requiring the separation of such businesses by a minimum distance, thereby reducing or eliminating the adverse secondary effects of such businesses. The purpose of this article is not to limit or restrict the content of any communicative materials, including sexually oriented materials, to restrict or deny access by adults to sexually oriented materials protected by the United States or State constitutions, or to deny access by distributors and exhibitors of sexually oriented materials and entertainment to their intended market. The purpose of this article is not to condone or legitimize the distribution of obscene material.

(`64 Code, Sec. 34-200) (Ord. No. 2313)

SEC. 16-336. DEFINITIONS.

For the purposes of this article, certain terms and words are defined as follows:

(A) ADULT BUSINESSES - Those businesses defined as follows:

(1) ADULT ARCADE - An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified anatomical areas or specified sexual activities.

(2) ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE - An establishment that has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its advertising to the sale, rental or viewing for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations characterized by the depiction or description of specified anatomical areas or specified sexual activities, or instruments, devices or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use.

(3) ADULT CABARET - A nightclub, bar, restaurant, “bottle club,” or similar establishment, whether or not alcoholic beverages are served, that regularly features:

(a) Persons who appear nude;

(b) Live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities; or

(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas.

(4) ADULT MASSAGE PARLOR - Any place where, for any form of consideration or gratuity, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment involving manipulation of the human body as a part of or in connection with specified sexual activities, are provided, and where any person providing such treatment, manipulation or services related thereto, exposes his or her specified anatomical areas. “Adult massage parlor” does not include the practice of massage in any licensed hospital or by a licensed physician, surgeon, chiropractor or osteopath, any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, or by trainers of an athlete or an athletic team or school athletic program.

(5) ADULT MOTEL - A motel, hotel or similar commercial establishment that:

(a) Offers public accommodations, for any form of consideration, that provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas; and

(b) Advertises the availability of this type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television; and

(d) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

(6) ADULT MOTION PICTURE THEATER - An establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

(7) ADULT THEATER - A theater, concert hall, auditorium, or similar establishment that, for any form of consideration, regularly features persons who appear nude or live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities.

(8) ESCORT AGENCY - A person or business that as one of its primary business purposes and for a fee, tip or other consideration furnishes, offers to furnish, or advertises to furnish escorts on the premises. “Escorts” are persons who, on the premises of an escort agency and for patrons, act as companions, guides or dates or privately model lingerie or perform a striptease.

(9) NUDE MODEL STUDIO - Any place where a person who appears nude or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Nude model studio does not include a nude modeling class:

(a) Offered by a college, junior college or university supported entirely or partly by taxation;

(b) Offered by a private college or university for class credits that are transferable to a college, junior college or university supported entirely or partly by taxation; or

(c) Held in a structure having no sign or other advertising visible from the exterior of the structure indicating that a nude model is available for viewing, where no more than one nude model is on the premises at the same time, and where in order to participate in the class a student must enroll at least three days in advance of the class.

(10) SEXUAL ENCOUNTER ESTABLISHMENT - An establishment that as one of its primary business purposes offers for any form of consideration a place where two or more persons, at least one of whom is nude, may congregate, associate, or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. Sexual encounter establishment does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar licensed professional person engages in medically approved and recognized sexual therapy.

(B) CITY MANAGER - The manager of the city or designee.

(C) EMPLOYEE - A person who works or performs in and/or for an adult business, regardless of whether the person is paid a salary, wage or other compensation by the operator of the business.

(D) ESTABLISH - “Establish” and its variants (such as “establishing” and “establishment”) shall mean any of the following:

(1) The opening or commencement of an adult business as a new business;

(2) The conversion of an existing business, whether or not an adult business, to an adult business; or

(3) The relocation of an adult business.

(E) NUDE - The display of the unclothed human buttocks, anus or genitals, or the areola or nipple of the female human breast, or a state of dress that fails opaquely and fully to cover such areas of the body.

(F) OPERATOR - The owner, permit holder, custodian, manager, or person in charge of the premises of an adult business.

(G) PERMITTEE - A person in whose name an adult business permit has been issued under this article, as well as the persons listed as applicants in the application for such permit.

(H) PERSON - An individual, proprietorship, partnership, corporation, association or other entity.

(I) PUBLIC BUILDING - Any building owned, leased or held by the United States, the State, the county, the city, a school district, or any other special district, agency or political subdivision of the State or the United States, which building is used for governmental purposes.

(J) PUBLIC PARK OR RECREATION AREA - Public land within the city that has been designated for park, recreational, or arts activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian or bicycle path, open space, wilderness area, or similar public land under the control, operation, or management of the city.

(K) RELIGIOUS INSTITUTION - Any church, synagogue, mosque, temple, or building used primarily for religious worship or related religious activities.

(L) RESIDENTIAL ZONE or RESIDENTIAL USE - Property zoned by the city for residential use or a single-family house, duplex, townhouse, multiple-family dwelling, mobile home park, campground, recreational trailer park, or travel trailer park.

(M) SCHOOL - Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities. School includes the school grounds, but does not include facilities used primarily for noneducational purposes and only incidentally as a school.

(N) SPECIFIED ANATOMICAL AREAS - Any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(O) SPECIFIED CRIMINAL ACTS - Sexual crimes against children, sexual abuse or rape, or crimes connected with an adult business, including but not limited to distribution of obscenity, prostitution or pandering.

(P) SPECIFIED SEXUAL ACTIVITIES - Any of the following:

(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2) Actual or simulated sex acts, including intercourse, oral copulation, and sodomy;

(3) Actual or simulated masturbation;

(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or

(5) Excretory functions as part of or in connection with any of the matters set forth in subsections (1) through (4) above.

(Q) YOUTH ORGANIZATION - Any building used primarily for meetings of a social, educational or athletic club or group composed primarily of persons under the age of 18 years.

(`64 Code, Sec. 34-201) (Ord. No. 2313)

SEC. 16-337. LOCATION OF ADULT BUSINESSES.

(A) Adult businesses, except for adult motels, may be established only within M-1 (light manufacturing) and M-L (limited manufacturing) zones on property designated for adult businesses on the map on file with the city clerk.

(B) Adult motels may be established only within the CBD (central business district), C-O (commercial office), C-2 (general commercial), C-M (commercial and light manufacturing) and BRP (business and research park) zones on property designated for adult motels on the map on file with the city clerk.

(C) Notwithstanding subsections (A) and (B) of this section, no person shall establish an adult business within 1,000 feet of another adult business or any religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes.

(D) Each adult business defined in section 16-336 shall be considered a separate business, whether or not owned or operated by the same persons.

(`64 Code, Sec. 34-202) (Ord. No. 2313)

SEC. 16-338. MEASUREMENT OF DISTANCE.

Distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each business. Distance between any adult business and any religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of the business to the nearest property line of the religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes.

(`64 Code, Sec. 34-203) (Ord. No. 2313)

SEC. 16-339. EXISTING ADULT BUSINESSES.

(A) Any adult business lawfully operating on the effective date of this article [September 23, 1993] in a location in which section 16-337 does not allow an adult business to be established shall be deemed a nonconforming use and may continue to operate in such location for a period of 14 months, provided an adult business permit is issued for the business as provided in sections 16-340 through 16-342. The planning commission may grant one or more than one year extensions of such period on a convincing showing by the permittee of extreme financial hardship, which is defined as the inability of a reasonably prudent operator of the business to recover a reasonable financial investment in the business within the time allowed. “Reasonable financial investment” refers to investment as of August 10, 1993, including any written lease entered into by the permittee before such date and extending more than one year from such date.

(B) A nonconforming use may not increase the floor area occupied by the adult business on the effective date of this article. A nonconforming use shall terminate if voluntarily discontinued for 30 or more consecutive days. However, a nonconforming use may be changed to a conforming use.

(C) An adult business lawfully operating on the effective date of this article in a location in which section 16-337 allows an adult business to be established is not rendered nonconforming by the location, subsequent to the grant or renewal of an adult business permit, of a religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes, within 1,000 feet of the adult business. This provision applies only to the renewal of a valid adult business permit and does not apply when an application for a permit is submitted after a permit has expired or been revoked.

(D) If two or more adult businesses are lawfully operating on the effective date of this article in locations in which section 16-337 allows adult businesses to be established and are within 750 feet of one another, the adult business that was first established and has been in continuous operation at the particular location is the conforming use and the later established business is nonconforming.

(E) All adult businesses operating on the effective date of this article shall apply for an adult business permit as provided in section 16-340 within 30 days of such effective date. No such adult business shall continue to operate if the permit is denied.

(F) All adult businesses (except adult motels) operating on the effective date of this article and exhibiting on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the provisions of section 16-349 in order to be eligible for issuance of an adult business permit.

(`64 Code, Sec. 34-204) (Ord. No. 2313)

SEC. 16-340. ADULT BUSINESS PERMIT REQUIRED.

(A) No adult business shall operate without a valid adult business permit issued by the city for a particular type of adult business at a particular location.

(B) The city manager shall grant, deny, renew, suspend, revoke and transfer permits for proposed or existing adult businesses in accordance with this article.

(C) The application for a permit must be made on a form provided by the city manager. An original and two copies of the completed and sworn application form must be filed with the city manager. If the applicant is an individual, he or she must sign the application. If the applicant is other than an individual, an officer of the business entity or an individual who has a ten percent or greater interest in the business entity must sign the application.

(D) The completed application shall contain the following information and be accompanied by the following documents:

(1) If the applicant is:

(a) An individual, the individual shall state his or her legal name and any aliases and submit satisfactory written proof that he or she is at least 18 years of age;

(b) A partnership, the partnership shall state its complete name, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any; or

(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

(2) If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant must state the fictitious name of the adult business and show proof of registration of the fictitious name;

(3) A description of the type of adult business for which the permit is applied and the proposed address where the adult business will operate;

(4) The address to which notice of action on the application is to be mailed;

(5) The names of all employees required by section 16-347 to obtain an adult business employee license;

(6) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(7) A certificate and straight-line drawing prepared within 30 days prior to application by a State registered land surveyor, depicting the building and the portion thereof to be occupied by the adult business, and:

(a) Any structures containing existing adult businesses within 1,000 feet of the closest exterior wall of the building in which will be located the adult business for which a permit is applied;

(b) The property lines of any religious institution, school, public park, recreation area or youth organization within 1,000 feet of the closest exterior wall of such building; and

(c) The property lines of any residential zones or property used for residential purposes within 1,000 feet of the closest exterior wall of such building.

(8) A diagram of the off-street parking areas and premises entries of the adult business, showing the location of the lighting system required by section 16-352; and

(9) If the adult business is to exhibit on the premises in a viewing room of less than 150 square feet of floor space films, video cassettes, or other video reproductions that depict specified sexual activities or specified anatomical areas, the applicant shall comply with the requirements stated in section 16-349.

(E) The completed application shall be accompanied by a nonrefundable application fee and an annual permit fee. The permit fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.

(F) Applicants shall promptly supplement the application if the information therein, including the names of employees required by section 16-347 to obtain an adult business employee license, changes in any way. Failure to supplement the application within 30 days from the date of such change shall be grounds for suspending the permit.

(G) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(H) The fact that an applicant possesses other types of State or city permits or licenses (including but not limited to a business license, a special use permit, a massage permit, an arcade permit or a dance permit) does not exempt the applicant from the requirement of obtaining an adult business permit.

(`64 Code, Sec. 34-205) (Ord. No. 2313)

SEC. 16-341. INVESTIGATION AND ACTION ON APPLICATION.

(A) Upon receipt of an application and payment of the application and permit fees, the city manager shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the adult business is entitled to a permit.

(B) Within 30 days of receipt of the application, the city manager shall complete the investigation, grant or deny the application, and mail a copy thereof to the applicant, as follows:

(1) The city manager shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the city manager shall attach to the application a statement of the reasons for denial and refund the annual permit fee.

(3) If the application is granted, the city manager shall attach to the application an adult business permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(`64 Code, Sec. 34-206) (Ord. No. 2313)

SEC. 16-342. ISSUANCE OF PERMIT.

(A) The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (C) of this section. The permittee shall post the permit conspicuously in the adult business premises.

(B) If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after it is stamped as received (except as provided in section 16-340), the applicant may begin operating the adult business for which the permit was sought.

(1) If an individual, the applicant is under 18 years of age;

(2) The applicant has failed to provide information required by the permit application or has provided false information in the application;

(3) The application and annual permit fees have not been paid;

(4) The applicant is in violation of, or is not in compliance with, any of the provisions of this article, including but not limited to the locational requirements for an adult business set out in section 16-337. However, such locational requirements shall not apply to a nonconforming use described in section 16-339 during the period in which section 16-339 allows the nonconforming use to continue to operate in the location in which it was operating on the effective date of this article [September 23, 1993];

(5) The granting of the application would violate a statute, ordinance, or court order; or

(6) An applicant knowingly has employed to work in the adult business for which the permit is sought a person who does not have an adult business employee license, as required by section 16-347 of this article.

(D) If a person applies for a permit or renewal of a permit for a particular location within one year from the date of denial of a previous application for a permit or renewal of a permit at the same location, and there has not been a change in circumstances that could reasonably be expected to lead to a different decision regarding the reasons for the previous denial, the city manager shall deny the application.

(`64 Code, Sec. 34-207) (Ord. No. 2313)

SEC. 16-343. EXPIRATION OF PERMIT.

(A) Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in section 16-340, accompanied by the annual permit fee and a copy of the permit to be renewed. The application fee and the certificate and drawing referred to in section 16-340 shall not be required. Application for renewal shall be made at least 30 days but not more than 60 days, before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed.

(B) Applications for renewal shall be filed no earlier than 45 days before the date the current permit expires and shall be acted on as provided in sections 16-341 and 16-342.

(`64 Code, Sec. 34-208) (Ord. No. 2313)

SEC. 16-344. SUSPENSION OF PERMIT.

The city manager shall suspend a permit for a period not to exceed 30 days if the city manager determines that a permittee, or an employee of a permittee, violated or is not in compliance with any section of this article.

(`64 Code, Sec. 34-209) (Ord. No. 2313)

SEC. 16-345. REVOCATION OF PERMIT.

(A) The city manager shall revoke a permit if a cause of suspension, as set out in section 16-344, occurs and the permit has been suspended within the preceding year.

(B) In addition, the city manager shall revoke a permit upon determining that:

(1) A permittee gave false or misleading information in the application that tended to enhance the applicant's opportunity to obtain the permit; or

(2) A permittee or an employee of a permittee knowingly operated the adult business during a period of time when the permit was suspended.

(C) When the city manager revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued another adult business permit for one year from the date the revocation became effective. If, subsequent to revocation, the city manager finds that the basis for revocation has been corrected, the city manager shall grant a permit if at least 30 days have elapsed since the date of revocation.

(`64 Code, Sec. 34-210) (Ord. No. 2313)

SEC. 16-346. TRANSFER OF PERMIT.

(A) A permittee shall not operate an adult business under the authority of a permit at any place other than the address of the adult business stated in the application for the permit.

(B) A permittee shall not transfer the permit to another person unless and until the transferee obtains an amendment to the permit from the city manager, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with section 16-340, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the city manager determines in accordance with sections 16-341 and 16-342 that the transferee would be entitled to the issuance of an original permit.

(C) No permit may be transferred when the city manager has notified the permittee that the permit has been or may be suspended or revoked.

(D) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(`64 Code, Sec. 34-211) (Ord. No. 2313)

SEC. 16-347. ADULT BUSINESS EMPLOYEE LICENSE.

(A) No person shall be employed in an adult business to engage in the services rendered by a nude model studio, escort agency, sexual encounter establishment, or adult massage parlor without a valid adult business employee license issued by the city.

(B) The city manager shall grant, deny and renew adult business employee licenses.

(C) The application for a license must be made on a form provided by the city manager. An original and two copies of the completed and sworn license application must be filed with the city manager.

(D) The completed application shall contain the following information and be accompanied by the following documents:

(1) The applicant's legal name and any other names (including “stage names” and aliases) used by the applicant;

(2) Age, date, and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Present business address and telephone number;

(6) State driver's license or identification number;

(7) Satisfactory written proof that the applicant is at least 18 years of age;

(8) The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(9) A history of adult business licenses issued by the city to the applicant for the five years immediately preceding the date of application, including whether the applicant has ever had such a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, the applicant shall state the date and the name of the jurisdiction and describe in full the reasons for the denial, revocation or suspension; a copy of any order of denial, revocation or suspension shall be attached to the application;

(10) A statement of whether the applicant has been convicted of a specified criminal act, including the date, place, nature of any such conviction or plea of nolo contendere and the convicting jurisdiction; and

(11) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

(E) The completed application shall be accompanied by a nonrefundable application fee and an annual license fee. The license fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.

(F) Upon receipt of an application and payment of the application and license fees, the city manager shall immediately stamp the application as received and promptly refer the application to the police department for investigation and report concerning the information contained in the application.

(G) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.

(H) Within 30 days of receipt of the application, the police department shall report to the city manager and the city manager shall grant or deny the application and mail a copy thereof to the applicant, as follows:

(1) The city manager shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the city manager shall attach to the application a statement of the reasons for denial and refund the annual license fee.

(3) If the application is granted, the city manager shall attach to the application an adult business employee license.

(4) The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

(I) The city manager shall grant the application and issue the license unless the application is denied for one or more of the reasons set forth in subsection (K) of this section.

(J) If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after the application is stamped as received, except as provided in section 16-347, the applicant may begin employment in the capacity for which the license was sought.

(K) The city manager shall deny the application for any of the following reasons, based on the report from the police department:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license or in any report or document required to be filed with the application;

(2) The applicant is under 18 years of age;

(3) The applicant has been convicted of a specified criminal act for which:

(a) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act;

(b) Less than five years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act; or

(c) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminals acts occurring within any 24-month period; and

(d) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified criminal act may qualify for an adult business employee license only after such periods have elapsed; provided, however, that if a conviction is set aside on appeal, the city manager shall disregard the conviction.

(4) The adult business employee license is to be used for employment in a business prohibited by State or city law.

(L) Each adult business employee license shall expire one year from the date of issuance and may be renewed only by filing with the city manager a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. The request for renewal shall be made at least 30 days, but no more than 45 days, before the expiration date of the license. When made less than 30 days before the expiration date, the expiration of the license will not be stayed.

(M) On receiving a request for renewal, accompanied by the annual license fee, the city manager shall within 30 days renew the license, unless the police department reports that the applicant has been convicted of any specified criminal act or committed any act during the previous license period that would have been grounds to deny the initial license application, in which case the city manager shall deny renewal.

(`64 Code, Sec. 34-212) (Ord. No. 2313)

SEC. 16-348. REVIEW OF DENIAL, SUSPENSION OR REVOCATION.

After denial of an application for an adult business permit or an adult business employee license, or denial of renewal of a permit or license, or suspension or revocation of a permit, or denial of transfer of a permit, or denial by the commission of a request for an extension of time made pursuant to section 16-339, the applicant or person to whom the permit or license was granted may request review of such administrative action by the city council, according to a review procedure to be established by resolution of the city council. On rendition of the city council’s decision, the city or the applicant or permittee may seek review of such administrative action by the courts pursuant to Cal. Code of Civil Procedure, Section 1094.8.

(`64 Code, Sec. 34-213) (Ord. No. 2313)

SEC. 16-349. REGULATIONS PERTAINING TO ADULT BUSINESSES WITH VIDEO BOOTHS.

(A) An applicant, operator or permittee of an adult business (other than an adult motel), regardless of whether or not a permit has been issued to the business under this article, which business exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1) The application for an adult business permit shall be accompanied by a diagram of the premises showing the location of one or more manager's stations, the location of all overhead lighting fixtures, and any portion of the premises to which patrons will not be admitted. A manager's station may not exceed 32 square feet of floor area, with no dimension greater than eight feet. The diagram shall also designate the place where the adult business permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint is not required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city manager may waive the diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the diagram was prepared.

(2) No alteration in the configuration or location of a manager's station may be made without the prior approval of the city manager.

(3) At least one employee shall be on duty and situated at each manager's station at all times that any patron is present inside the premises.

(4) The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is admitted for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more managers' stations designated, the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is admitted for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(B) The view area specified in subsection (A)(4) shall remain unobstructed at all times by any doors, walls, merchandise, display racks or other materials. No patron shall be admitted to any area of the premises that has been designated as an area in which patrons will not be admitted in the diagram submitted pursuant to subsection (A)(1) of this section.

(C) No viewing room may be occupied by more than one person at any one time. The entry to each viewing room shall be open and not be covered by any door, panel, curtain or other obstruction to view.

(D) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are admitted at an illumination of not less than two footcandles, as measured at the floor level. Such illumination shall be maintained at all times that any patron is present on the premises.

(`64 Code, Sec. 34-214) (Ord. No. 2313)

SEC. 16-350. RESTRICTIONS REGARDING MINORS.

(A) In order to protect minors from exposure to material harmful to minors, except as set out below the operator of an adult business shall not knowingly, or with reasonable cause to know, permit, suffer, or allow a person under 18 years of age to:

(1) Be admitted into the adult business premises unless accompanied by a parent or guardian;

(2) Remain on the adult business premises unless accompanied by a parent or guardian;

(3) Purchase goods or services at the adult business premises without the specific consent of a parent or guardian; or

(4) Work at the adult business premises as an employee.

(B) The permittee shall not allow any portion of the interior of the premises of the adult business to be visible from outside the premises.

(`64 Code, Sec. 34-215) (Ord. No. 2313)

SEC. 16-351. SIGNS.

Adult businesses are subject to applicable provisions of the city's sign ordinances. In addition, no signs or material visible from the exterior of the adult business premises shall advertise the presentation of any activity prohibited by federal, city or State law or depict materials or performances available at the adult business. However, signs visible from the exterior of the business premises may advertise the existence and location of the business.

(`64 Code, Sec. 34-216) (Ord. No. 2313)

SEC. 16-352. LIGHTING.

All off-street parking areas and premises entries of an adult business shall be illuminated from dusk to the close of business with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on the parking surface and walkways.

(`64 Code, Sec. 34-217) (Ord. No. 2313)

SEC. 16-353. HOURS OF OPERATION.

No adult business shall be open for business, nor shall any employee of an adult business engage in or solicit a performance, sale or service in connection with the business, between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(`64 Code, Sec. 34-218) (Ord. No. 2313)

SEC. 16-354. CRIMINAL PENALTIES AND ADDITIONAL REMEDIES.

(A) In addition to whatever penalties are applicable under the Cal. Penal Code, if any person fails or refuses to obey or comply with or violates any of the provisions of section 16-337; subsections 16-339(B), (C) or (D); section 16-340(A); section 16-346(A); section 16-347(A); section 16-350; or section 16-353 of this division such person upon conviction of such offense shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or instance of noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

(B) Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

(`64 Code, Sec. 34-219) (Ord. No. 2313)

SEC. 16-355. IMMUNITY FROM PROSECUTION.

The city, the police department and all other city departments and agencies, and all city officers, agents and employees charged with enforcement of State and city statutes and laws shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult business while acting within the scope of authority conferred by this article.

(`64 Code, Sec. 34-219.1) (Ord. No. 2313)

SEC. 16-360. PURPOSE AND INTENT.

The purpose and intent of this division is to implement the goals and objectives of the general plan to provide quality multiple-family housing. The objective development and design standards provide mandatory standards for specified residential development. Under State law, objective standards involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. The objective standards are requirements for residential development, as well as mixed use development that includes residential uses.

(`64 Code, Sec. 36-7.9.1) (Ord. No. 2152, 3040)

SEC. 16-361. DEVELOPMENT STANDARDS.

The provisions of this section shall apply to the development of any new attached multi-family residential project of six or more units. Projects of five units or less shall be subject only to the development standards of the zone in which such projects are located, Section 16-361(A), and such other provisions of this code as may apply.

(A) Building separation - Minimum separation between any two buildings shall be a distance equal to half of the height of the taller structure unless a greater amount is required by the California Building Code. The required separation may be reduced during the Development Advisory Committee review process.

(B) Recreation facilities - Multiple-family attached dwelling units of 12 units or more shall provide common recreational facilities with interior yard space areas to include, but not be limited to, two or more of the following:

(1) Swimming pools;

(2) Spa;

(3) Tennis and/or basketball or volleyball courts;

(4) Barbecues and outdoor picnic facilities;

(5) Recreation buildings;

(6) Exercise courses and stations;

(7) Children's play equipment; and

(8) Such other facilities as are approved by the Review Authority.

(C) Open area - Projects having 12 or more units shall provide at least one lawn area of not less than 2,500 square feet and having a minimum dimension of not less than 35 feet in any direction.

(D) Balconies and patios - All second story dwelling units shall have at least one patio or balcony, having a minimum dimension of ten feet by ten feet (100 square feet minimum). All ground floor dwelling units shall have a patio concrete slab of at least 100 square feet.

(E) Balcony enclosures - All balconies and patios shall have railings or walls which provide at least 50% enclosure.

(F) Storage areas - Each dwelling unit shall have a storage area of at least 225 cubic feet. The storage area may be included in the garage area but may not intrude into the minimum garage dimensions.

(G) Garages - All garages shall have automatic garage door openers. All garage doors shall have architectural treatment or detail.

(H) Utility meters - Each dwelling unit shall be constructed with a separate utility system and meter.

(I) Buildings that include four stories or more shall provide elevators, except where the third story consists entirely of upper levels of residence that have entrances at the first or second story.

(J) Laundry facilities. Each dwelling unit shall have a laundry area to accommodate a washer and dryer. When laundry facilities are not provided within the units, common laundry facilities shall be provided in a separate room with a minimum of two washers and two dryers. Additional washers and dryers must be provided for any development that has more than 20 units at a minimum ratio of one washer and one dryer for every additional 20 units. Any fractional calculations shall be rounded up.

('64 Code, Sec. 36-7.9.3) (Ord. No. 2152, 2923, 3040)

SEC. 16-362. DESIGN STANDARDS.

The provisions of this section shall apply to the housing development of any new attached multi-family residential project of two or more units, not including accessory dwelling units. The development shall incorporate the following objective design standards:

(A) Neighborhood compatibility.

(1) Residential developments located abutting or across the street from a single-family neighborhood shall orient the buildings to the street with individual entries, patio areas and landscaping facing the single-family homes. Parking lot areas, garages and carports shall be located behind residential structures unless it is technically infeasible based on other city or state required standards.

(2) Duplexes, triplexes, and fourplexes abutting or across the street from a single-family neighborhood shall include individual front doors and interior stairs (when stairs are needed and when allowed for ADA accessibility).

(3) When determined necessary by a noise assessment, sound walls shall include an earth berm and landscaping. Walls shall not exceed ten linear feet without openings along primary street frontages and 25 linear feet along side and rear street frontages.

(B) Building design.

(1) Buildings shall orient towards the primary street frontage or internal courtyard. Direct pedestrian access shall be provided between the public sidewalk and the primary building entry.

(2) Buildings shall carry the same theme on all elevations. For this standard's purposes, a theme includes primary (non-accent) materials and colors.

(3) Exterior siding shall be made of nonreflective and nonmetallic materials. Acceptable siding material includes wood, stucco, ceramic tile, brick, stone, or other masonry materials, or any combination of these materials.

(4) Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

(5) Blank walls (facades without doors, windows, landscaping treatments) shall be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

(6) Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change or color change between the first floor and upper floors when in alignment with a change in architectural fenestration or facade articulation. The change in material or color shall occur along at least 75% of the building facade with frontage upon a street. adjacent public park, or public open space.

(7) Buildings over seven stories must provide a taller ground floor elevation or a base encompassing the second floor that is distinctive from the upper stories by providing a material change between the first two floors and the upper floors when in alignment with a change in architectural fenestration or facade articulation. The change in material shall occur along at least 75% of the building facade with frontage upon a street, adjacent public park, or public open space.

(8) Rain gutters and downspouts shall integrate as closely as possible with building design elements, including matching adjacent building colors as closely as possible.

(9) The primary street and the side street frontages, up to 75 feet from the primary street front property line, of on-grade parking podiums and parking structures shall be lined with occupiable, usable space with a minimum depth of 18 feet. Non-lined portions of above-grade garages (rear of lots along side streets, or where zero-lot line condition is not utilized) must be set back at least five feet. The setback area shall contain landscaping of the same quality as elsewhere on the property. In cases where garages are exposed to the street, the garage should be designed as a continuation of the building it serves, with the same level of detail and pattern of openings.

(10) Windows facing public streets or public open spaces shall incorporate one of the following:

(a) Four-inch minimum headers, sills, or inset material;

(b) Two-inch wide trim surrounds;

(11) At least two materials shall be used on any building facade with frontage upon a street, adjacent to a public park or public open space, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.

(12) Building facades shall be multi-colored. Each facade must contain not less than two but not more than five distinct colors. Extremely bright colors are only allowed on doors, window trim, or other building components that represent a small portion of the overall building facade. Materials, finishes, fixtures, and colors visible from street frontages, public or private parks, or public or private open space shall be designed in a manner that is consistent with the architectural style of the building.

(1) For all residential and nonresidential uses, at least one primary entrance to a ground-floor use shall face the primary street right-of-way. Individual residential unit entries may face a secondary/side street or be accessed through the building's interior. On corner parcels, the primary entrance may face the street corner of the primary street and a secondary street.

(2) Entrances for mixed-use developments. Separate entrances shall be provided for the nonresidential and residential portions of a mixed-use building.

(3) Nonresidential entrances shall incorporate at least one of the following entry features:

(a) Shopfront - Characterized by a frontage where the main facade of the building is at or near the right-of-way/property line, with the building entrance at sidewalk grade. Typical elements include substantial glazing on the sidewalk level and a canopy or awning element above most of the frontage.

(b) Gallery, minimum width of ten feet - A frontage where the main facade of the building is alighted at or close to the right-of-way/property line and an attached cantilevered shed roof or lightweight colonnade overlaps the sidewalk.

(c) Forecourt - A frontage where a portion of the main facade of the building is at or near the right-of-way/property line and a (generally central) portion is set back to create a small courtyard.

(d) Commercial terrace - A frontage where a terrace or patio extends along the building's frontage providing outdoor uses typically associated with the non-residential use, such as outdoor cafes.

(4) Residential entrances. Exterior entrances serving residential units or buildings shall incorporate one of the following entry features:

(a) Stoop - with a minimum size of four feet by four feet and no higher than five feet in height (above the adjacent sidewalk);

(b) Porch - with a minimum size six feet by eight feet for common entries and at least five feet by eight feet for individual entries;

(D) Massing and articulation.

(1) Architectural articulation shall be provided on all four sides of a building. The building facade design must incorporate at least two details: window trim, window recesses, cornices, belt courses, a variety of finishes matching front facades, balconies, porches, and trellises.

(2) At least two features such as balconies, cantilevers, dormers, bay windows, patios, porches, stoops, individualized entries, and accent materials shall be incorporated into each proposed building.

(3) Buildings over three stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, using varying setbacks and/or building entries. Major breaks shall be at least 30 inches deep and four feet wide and extend the building's full height.

(4) Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through varying setbacks, building entries and recesses, building step-backs or structural bays. Minor breaks shall be at least 12 inches deep and four feet wide.

(5) Rooflines shall be vertically articulated at least every 50 feet along the street frontage using one of the following techniques:

(a) A change in height of a minimum of four feet.

(b) A change in roof pitch, plane, or form.

(E) Site design.

(1) When dwelling units are abutting common open space areas and parks, a minimum of one window from each dwelling shall be located to overlook common areas and parks.

(2) Garages and carports shall be designed to include a minimum of two of the following from the main building(s): materials, detailing, roof materials, or colors.

(3) Controlled entrances to parking facilities (gates, doors, and the like) shall be at least 20 feet setback from the back of sidewalk to accommodate one vehicle entering the facility, or 40 at least 40 feet setback when more than 40 parking spaces are required.

(4) Where bicycle parking is not visible from the street, directional signage to bicycle parking shall be included at the main building entrance. The signage shall be in the form of either a directory not exceeding six square feet and or up to ten individual directional signs not exceeding one square foot each.

(5) Within commercial zones parking shall not be allowed within the front setback areas and direct pedestrian access to the building(s) must be provided from the public right-of-way. Direct pedestrian access between the public right-of-way and the building shall not require crossing parking, drive aisles, or other spaces used for vehicular circulation.

(6) Within commercial zones all housing developments must have direct interaction with the public right-of-way. These residential units may have covered patios and decks which can be constructed within the front yard setback within five feet of the property line provided the patios or decks have steps and/or gates which lead directly to the public right-of-way. Second and third floor residential units may have decks and or balconies which encroach up to ten feet into the front yard setback.

(7) Surface parking lots. In addition to the parking area landscape requirements in Section 16-641 of this chapter, the following requirements shall apply to surface parking lots for residential development. Where the requirements conflict with Section 16-641, the requirements in this subsection shall take precedent:

(a) All surface parking lots shall be screened from street views by at least one of the following:

1. Buildings.

2. Decorative walls (36 to 48 inches tall).

3. Planted earth berm (36 to 48 inches tall) no less than five feet wide.

4. Planted fencing.

(b) Landscaping within or around the parking area shall cover a minimum ratio of 10% of the net area of the parking lot. For uncovered parking areas a minimum of two shade trees shall be provided for every ten parking spaces or shade trees shall be provided to achieve 30% canopy coverage of paved area at maturity.

(8) Parking structures.

(a) Vehicular access shall be located in the rear or on the side of a lot and accessed by an alley, lane, or drive aisle.

(b) Any exposed elevations of the parking structure shall be designed to reflect architectural compatibility with existing or proposed structure(s). The exterior elevations of the parking structure shall be designed to minimize the use of blank facades through the combined use of architectural treatment such as heavy textured concrete, planters, openings, indentations, and projections of exterior walls.

(9) Frontage improvements shall be designed to be consistent with public works plates. The frontage improvements shall be designed to connect with and transition into adjacent existing frontage improvements.

(10) Common use site areas shall include refuse collection, mail distribution, laundry, recreation, and congregation. All such areas shall be connected with an accessible route.

(11) Utility meters, mailboxes and address directories shall be placed in decorative cabinets and clustered for efficient access for residents and service persons. Utility meter panels shall be painted to match structures upon which they are located, such panels shall be located to take advantage of screening (e.g., landscaping, or other building elements) from any public right-of-way to the maximum extent feasible.

(12) Secured mail and parcel distribution areas shall be provided and shall be well lit, secure, and shall remain open to the tenants.

(13) Graphic site directories shall be provided at principal access walkway points.

(14) Lighting.

(a) On-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on adjoining streets.

(b) Lighting elements shall be shielded so as not to be directly visible from a public street. All parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light skyward or on any adjacent property or roadway.

(c) To prevent damage from vehicles, standards in parking areas shall be mounted on reinforced concrete pedestals or otherwise protected.

(d) The bottom of a lamp along a sidewalk or other path being lighted should not be more than 20 feet above the ground.

(e) Site lighting features shall be consistent with the building architecture where located in public view.

(f) Light standards illuminating interior walkways shall be no more than eight feet tall. Light shall not intrude into private living or patio areas. Light standards serving recreational areas held in common shall be no more than 15 feet tall. Light shall be directed away from dwelling units.

(g) All drive lanes (alleys) shall be provided with independently metered lighting with automatic daylight sensors for dusk to dawn lighting within drive lanes.

(F) Landscaping.

(1) All trees planted or placed on the property shall be at least 24-inch-box size. All shrubs and vines shall be at least five-gallon size.

(2) Landscape plant materials shall comply with the City of Oxnard Landscape Standards, and the city's landscape conservation measures/emergency drought declaration as applicable.

(3) Permanent and automatic irrigation systems shall be provided for all landscaped areas per the city's design criteria and specifications. The irrigation system shall include a water sensor shut off device as a water conservation measure.

(G) Accessory elements.

(1) All accessory buildings (e.g., garages, sheds, recreation facilities) must incorporate the same design, materials, and colors as the primary building. Additions and patio covers shall conform to the requirements of the zone for setbacks.

(2) Perimeter fencing utilized along a public street shall be constructed of decorative iron, pre-painted welded steel, CMU block, wood picket material or plant walls (green walls). Street side yard walls shall be set back ten feet from any public sidewalk.

(3) Walls separating the patio areas of different units shall be of solid construction, such as masonry, stucco, or wood over wood. Ground level patios shall be enclosed by walls not less than five feet high. If a six-foot fence is desired, the top 12 inches shall allow for vision in and out of the yard, unless a higher height is required for noise mitigation.

(4) All roof top, wall mounted or ground mounted equipment must be fully screened. Utility meters shall be screened or integrated into the building design. Rooftop screening must use the materials and colors from the building and be architecturally integrated.

(5) All exterior storage facilities shall be screened from the public view, within an enclosure with walls at least six feet in height.

(6) All wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers shall be located in the least prominent locations onsite as allowed by the utilities, and all equipment shall be screened from public view either with landscaping, fencing or integrated into the design of the primarily or accessory structure.

(7) Refuse and recycling.

(a) All refuse enclosures shall be designed to comply with the city material management and approved City Standard Plan on file with the Community Development Department. The enclosures shall include a concrete apron along the length of the trash enclosure opening that extends at least 15 feet from the enclosure's face.

(b) All refuse bins shall be shielded within a refuse enclosure with a solid wall and roof. The enclosure shall be an adequate size to accommodate the required containers. The enclosure shall match the major design elements and color of the main structure. All enclosures and gates shall be detailed to withstand heavy use. Wheel stops or curbs shall also be provided to prevent dumpsters from banging into the walls of enclosures.

(c) An opening in the enclosure shall be provided so that pedestrians can access the dumpsters without opening the large gates.

(d) Lighting shall be provided at trash enclosures for nighttime security and use.

(e) The refuse enclosures shall not be located closer than 20 feet from a residential unit (including those on abutting properties), or more than 150 feet from a residential unit. No minimum distance from dwellings is required it the dumpsters are in a fully enclosed room.

(f) Recycling containers shall be provided in common areas for residents to dispose of their recyclable waste (examples: indoors for newspapers and beverage containers; outdoors for beverage containers). Containers used exclusively for recycling shall be clearly identified as recycling only with clear icons or other graphics on each container appropriate to the container's content.

(H) Public safety standards.

(1) Plans submitted for review of residential development shall include the following safety features:

(a) Recreation areas shall be located adjacent to residential uses whenever possible. These areas shall be visible to residents from within their dwellings to allow for eves on the street proper visual surveillance. Placement of windows, landscaping, lighting, and recreation uses shall be coordinated to enhance resident surveillance opportunity, but not to detract from the recreational use.

(b) General utilization of the concepts of crime prevention through environmental design (CPTED) in the planning and development stages.

(2) The inclusion of the following items shall be verified by the Public Safety Department prior to issuance of the first building permit for a residential unit.

(a) Development of a security plan for multifamily or mixed-use developments that includes:

1. Management contact for public safety issues available 24-hours a day;

2. Cameras for monitoring and recording vehicles and persons entering the site;

3. Access control systems to control passage into common areas;

4. Secure postal and parcel delivery;

5. Quick removal of graffiti; and

6. Enforcement of restricted parking spaces.

(b) Preparation of a standardized, high density, wayfinding sign program to aid emergency responders in finding individual residential units quickly and easily.

(c) A Click2Enter radio frequency access system shall be installed at any vehicle and pedestrian access point controlled by privacy gates.

(d) Security. Residential units shall be designed to ensure the residents' security through the provision of secured entrances and exits that are separate from the nonresidential uses. Nonresidential and residential uses shall not have common entrance hallways or common balconies. These separations shall be shown on the development plan and the separations shall be permanently maintained.

(e) Windows. Residential windows of buildings directly adjacent to industrial uses shall generally be directed away from loading areas and docks unless view-restricting architectural elements are utilized.

(Ord. No. 3040)

SEC. 16-363. PERMIT REVIEW.

Attached multi-family development that is proposed on property not located in a Planned Development zone, or which do not otherwise require a special use permit, may be approved by issuance of a development design review permit or a site plan review permit where the State has mandated that the city approval must be ministerial.

(`64 Code, Sec. 36-7.9.4) (Ord. No. 2152, 3040)

SEC. 16-370. PURPOSE.

The purpose of this division is:

(A) To encourage preservation and restoration of historically and culturally significant residential structures;

(B) To provide limited visitor lodging in residences in the city; and

(`64 Code, Sec. 36-7.8.1) (Ord. No. 2165)

SEC. 16-371. DEFINITIONS.

(A) BED AND BREAKFAST INN - An establishment, originally built as a single-family residence, operated by a resident owner, and containing three to five guest bedrooms, each of which is available for rent to the general public for up to 29 consecutive days.

(B) TRADITIONAL BED AND BREAKFAST (HOMESTAY) - A traditional bed and breakfast is an establishment which contains no more than two guest bedrooms, each of which is available for rent to the general public for up to 29 consecutive days. Traditional bed and breakfast facilities are also referred to as “homestays.”

(`64 Code, Sec. 36-7.8.2) (Ord. No. 2165)

SEC. 16-372. LIMITATIONS ON LOCATION.

Traditional bed and breakfast uses and bed and breakfast inns shall be permitted only within the boundaries of the Wilson Neighborhood. The commission may also approve bed and breakfast uses within other areas of the city provided the commission makes the findings required for designation of a structure as a significant heritage feature, as provided herein. Bed and breakfast uses must also comply with the standards in this section.

(`64 Code, Sec. 36-7.8.3) (Ord. No. 2165)

SEC. 16-373. TYPE OF PERMIT REQUIRED.

In those zones where bed and breakfast uses are allowed, the following permits are required:

(A) Traditional bed and breakfast (homestay): development design review permit.

(B) Bed and breakfast inns: special use permit, pursuant to sections 16-530 to 16-553.

(`64 Code, Sec. 36-7.8.4) (Ord. No. 2165)

SEC. 16-374. STANDARDS FOR TRADITIONAL BED AND BREAKFAST (HOMESTAY).

The standards for traditional bed and breakfast are:

(A) The maximum number of guest bedrooms for rent shall not exceed two.

(B) The owner of the homestay shall live on the premises and operate the homestay.

(D) No exterior advertising signs shall be permitted.

(E) Parking requirements -

(1) Parking shall be provided at the rate of one off-street parking space per guest room plus parking for the owner as required at the time of original construction of the structure. Parking surfaces may include, but are not limited to: brick, pavers, cobblestones, stamped colored concrete, and grass-cell pavement. Excessive amounts of paving to meet parking requirements shall not be allowed.

(2) Homestays located on corner lots may credit the nonprimary street frontage toward the parking requirement, with 25 linear feet equal to one parking space, subject to approval of a development design review permit.

(`64 Code, Sec. 36-7.8.5) (Ord. No. 3006)

SEC. 16-375. STANDARDS FOR BED AND BREAKFAST INNS.

The standards for bed and breakfast inns are:

(A) Maximum number of guest bedrooms - The maximum number of guest bedrooms for rent shall not exceed five. The commission may approve more bedrooms provided adequate parking and interior yard space are available.

(B) Owner occupancy required - The owner of the bed and breakfast inn shall live on the premises and operate the inn.

(D) Cooking in guest bedrooms - No cooking facilities shall be provided in individual guest bedrooms.

(E) Alteration to structures - Any alterations proposed to the inn shall be consistent with the materials, color, and architectural style of the original construction, as determined by the commission, based on a recommendation from the Ventura County Cultural Heritage Commission, or an architect or other design professional specializing in period architecture.

(F) Historical significance - The proposed bed and breakfast inn shall have some historical significance in the establishment and development of the city, as determined by the commission, based on the findings required for designation of a structure as a significant heritage feature.

(G) Signs -

(1) A bed and breakfast inn with 100 feet or more of continuous street frontage shall be permitted to install one double-faced sign not to exceed six square feet per side and 48 inches in height in its front yard, or one indirectly lighted sign not exceeding four square feet in area attached to the main building, subject to approval of the commission. Any other bed and breakfast inn shall be limited to one 4-square-foot indirectly lighted sign attached to the main structure. Lighting fixtures and wattage of signs are to be approved by the director.

(2) The sign may not refer to the inn as a hotel or motel. The design of the sign shall be compatible with the design of the inn. Signs for bed and breakfast inns shall be reviewed by the commission during consideration of the special use permit.

(H) Fire safety -

(1) In addition to Uniform Fire Code Requirements, the bed and breakfast inn shall comply with all fire safety requirements of the fire department prior to occupancy. At a minimum these include, but are not limited to:

(a) Installation of a “hard wired” smoke detector and evacuation plan in every guest room;

(b) Installation of an approved fire extinguisher on each floor; and

(c) Provision of at least two exits from the main structure, both of which do not require a key or special knowledge to open from the inside.

(2) The bed and breakfast inn shall be subject to inspection by the city fire marshal. The results of this inspection shall be provided to the director.

(I) Building code -

(1) If the city council has designated the bed and breakfast inn as a significant heritage feature, the inn shall comply with the State historic building code.

(2) The bed and breakfast inn shall be subject to an inspection by the city building inspector, who shall provide to the director a list of Uniform Building Code or State historical building code deficiencies prior to the commission's consideration of the special use permit.

(J) Parking requirements -

(2) Inns located on corner lots may credit the nonprimary street frontage toward the parking requirement, with 25 linear feet equal to one parking space, subject to approval of the commission.

(K) Yard areas - Interior yard space shall be provided in accordance with the applicable provisions of the zoning designation within which the proposed bed and breakfast inn is located.

(L) On-site lighting - On-site lighting shall be shielded from spilling onto adjacent property.

(`64 Code, Sec. 36-7.8.6) (Ord. No. 2165)

SEC. 16-380. PURPOSE.

(A) The intent and purpose of this section is to regulate the conversion of existing, occupied apartment housing into condominiums, townhouse condominiums, residential stock cooperatives, or community apartments.

(B) The city finds that such ownership patterns may have substantial effects and that regulation is necessary to implement the policies set forth in the housing element of the general plan to provide adequate housing opportunities for all economic segments of the community, to mitigate adverse impacts upon schools and other public facilities, to provide for reasonable notice to displaced tenants and to provide for adequate maintenance of private residential properties to insure safety and maximize the quality of the city's living environments.

(`64 Code, Sec. 34-220) (Ord. No. 1805)

SEC. 16-381. SPECIAL USE PERMIT REQUIRED.

No existing residential apartment unit shall be converted for sale, transfer, or conveyance as a condominium, townhouse condominium, stock cooperative, or community apartment, collectively referred to in this article as a community housing project, without a special use permit pursuant to sections 16-530 to 16-553, and where applicable, an approved subdivision map.

(`64 Code, Sec. 34-221) (Ord. No. 1805)

SEC. 16-382. REQUIREMENTS FOR FILING.

An application for conversion of an apartment shall include a tentative subdivision map if required by State law, a development plan consisting of all materials normally required for a special use permit, and the following information in a form established by the director:

(A) A report on the physical elements of all structures and facilities, detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when such element was replaced; the approximate date upon which such element will require replacement; the cost of replacing such element; and any variation of the physical condition of such element from the city’s current building and zoning ordinances and those that were in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures.

(B) A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure.

(C) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve good appearance and safety.

(D) Any declaration of covenants, conditions and restrictions and/or organizational documents which would apply to any owners of the units within the community housing project. The declaration or organizational documents shall include, but not be limited to, procedures or requirements for conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping; an estimate of any initial assessment fees anticipated for such maintenance of all vehicular access areas within the project; and an assignment of appropriate responsibilities for maintenance of all utility lines and services for each unit.

(E) Specific information concerning the characteristics of the project, including but not limited to the following:

(1) Square footage and number of rooms in each unit;

(2) Names and addresses of all tenants.

(F) Proof of service to each tenant of the notice to convert as specified in section 16-387.

(G) Any other information which, in the opinion of the director, will assist in determining whether the proposed project will be consistent with the purposes of this article.

(`64 Code, Sec. 34-222) (Ord. No. 1805)

SEC. 16-383. COMPLETED FILING.

Before a filing shall be deemed complete, the physical elements report and other documents shall be in a form sufficient to allow review of the application for a special use permit and tentative subdivision map.

(`64 Code, Sec. 34-223) (Ord. No. 1805)

SEC. 16-384. COPY TO BUYERS.

Prior to the execution of any agreement to purchase a unit, stock, or an exclusive right to lease in the community housing project, the developer shall provide each purchaser with a copy of all reports in sufficient time to review such reports. Copies of the reports shall be made available at all times at the sales office.

(`64 Code, Sec. 34-224) (Ord. No. 1805)

SEC. 16-385. HEARING.

The commission shall hold a noticed public hearing concerning the application for both the tentative subdivision map and special use permit. In addition to the notice requirements of section 16-580, a ten-day notice shall be given by mail to the present tenants of the building proposed for conversion.

(`64 Code, Sec. 34-225) (Ord. No. 1805)

SEC. 16-386. PHYSICAL STANDARDS FOR CONVERSIONS.

(A) To achieve the purpose of this article, the commission shall require that all conversions conform to the requirements of the code in effect at the time of tentative subdivision map approval, except as otherwise provided herein.

(B) No apartment building which is a nonconforming use or a nonconforming structure because of parking, setback, height, interior yard space and other zoning ordinance standards, shall be eligible for conversion.

(C) All provisions of the code must be met and any nonconformity corrected prior to the approval of the final map, unless adequate security is provided, as approved by the finance director, to assure completion of such corrective work prior to the close of escrow of any unit in the community housing project.

(D) The commission shall require conformance with the standards of this section in approving the special use permit.

(1) Building regulations - Except as herein provided, the conversion project shall conform to all city ordinances, including the city building code, plumbing code, mechanical code and electric code in effect on the date that the last building permit was issued for the subject structure or structures before the application was filed.

(2) Fire prevention -

(a) Smoke detectors - Each living unit shall be provided with approved detectors of the products of combustion other than heat, conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.

(b) Maintenance of fire protection systems - All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be maintained in an operable condition at all times.

(c) Maintenance of emergency vehicle access/fire lanes - All emergency vehicle access and established fire lanes shall be maintained.

(3) Sound transmission -

(a) Shock mounting of mechanical equipment. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise shall be shock-mounted with inertia blocks or bases and/or vibration insulators in a manner approved by the building official.

(b) Noise standards - The structure shall conform to all interior and exterior sound transmission standards of Chapter 35 (Appendix) of the Uniform Building Code.

(4) Utility metering - Each dwelling unit shall be separately metered for gas, water and electricity.

(5) Landscape maintenance - All landscaping shall be restored as necessary and maintained to achieve a good appearance and high quality.

(6) Condition of equipment and appliances - The developer shall provide written certification and 90 day warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided are in operable working condition as of the close of escrow. At such time as the homeowners' association takes over management of the development, the developer shall provide written certification and a 90-day warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

(7) Refurbishing and restoration - All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional elements as required by the commission shall be refurbished and restored as necessary to achieve a good appearance, high quality and high degree of safety.

(8) Advisory physical standards - In addition to the above, the proposed community housing project shall meet any mandatory development standards and shall substantially conform to any advisory standards for the construction of new community housing projects, which standards have been adopted by the city council and are in effect at the time of the application for conversion is deemed complete.

(`64 Code, Sec. 34-226) (Ord. No. 1805)

SEC. 16-387. NOTICES TO TENANTS.

The city council shall not approve the final map for a subdivision to be created from the conversion of residential real property into a community housing project unless the city council finds that the subdivider has given the notices to tenants required by Cal. Gov't Code, Section 66427.1.

(`64 Code, Sec. 34-227) (Ord. No. 1805)

SEC. 16-388. EFFECT UPON LOW AND MODERATE INCOME HOUSING SUPPLY.

In reviewing requests for conversion, the commission shall consider the following:

(A) Whether the amount and impact of the displacement of tenants caused by the conversion would be detrimental to the health, safety, or general welfare of the community;

(B) The role that the apartment complex proposed for conversion plays in the existing housing rental market and whether the apartment complex is serving low and moderate income households.

(`64 Code, Sec. 34-228) (Ord. No. 1805)

SEC. 16-389. FINDINGS.

Before approving an application for a special use permit to convert apartments to a community housing project, the commission shall find that:

(A) All provisions of this article are met;

(B) The proposed conversion is consistent with the general plan;

(C) The proposed conversion will conform to the code in effect at the time of tentative map approval, except as otherwise provided in this article;

(D) The overall design and physical condition of the proposed community housing project substantially meets the city's design criteria to achieve a good appearance, high quality and high degree of safety;

(E) The proposed conversion will not displace a significant percentage of low and moderate income or senior citizen tenants, and will not delete a significant number of low and moderate income rental units from the city's housing stock;

(F) The project as approved or conditionally approved will meet all mandatory development standards and will substantially comply with the adopted advisory standards for new condominium construction, which standards are in effect at the time of approval; and

(G) Each dwelling unit provides a reasonable level of safety, convenience and amenities for owner-occupied residences.

(`64 Code, Sec. 34-229) (Ord. No. 1805)

SEC. 16-395. SPECIAL USE PERMIT REQUIRED.

(A) As used in this division, a “community ownership unit” means any townhouse condominium, condominium, office condominium, commercial condominium, industrial condominium, residential stock cooperative, commercial stock cooperative, industrial stock cooperative, community apartment, or timeshare.

(B) No building shall be constructed which is intended to be sold, nor shall any existing building be converted for sale as a community ownership unit, until a special permit is obtained. If a special use permit or a planned development permit is required by another provision of this chapter, only one application need be filed and only one fee paid.

(C) A special use permit may be granted for a community ownership unit that is consistent with the adopted general plan; conforms to policies, ordinances and standards that are related to the specific area and type of development; and conforms to the requirements set forth in the standards pertaining to any form of a community ownership unit. The conditions imposed on a special use permit for a community ownership unit may address factors affecting the establishment, operation or maintenance of the requested use, including but not limited to:

(1) Number and type of units, patios, common areas, parking, pathways, entrances, landscaping, communication terminals, design, aesthetics, utilities, amenities, circulation, storage, buffers, building orientation, security, handicap facilities, energy efficiency, mitigation of adverse environmental impacts, owners’ association, and deed restrictions;

(2) Those factors identified in section 16-532 of this code; and

(3) Other factors affecting the public health, safety and welfare.

(`64 Code, Sec. 34-112.2) (Ord. No. 1706, 1814, 1959)

SEC. 16-400. PURPOSE.

The purpose of this division is to provide for and regulate the conduct of home occupations in dwelling units.

(`64 Code, Sec. 36-8.13.1) (Ord. No. 2130, 2829)

SEC. 16-400.1. APPLICABILITY.

A home occupation permit is required to conduct a home occupation from a dwelling unit under limited conditions as described in this division.

(Ord. No. 2829)

SEC. 16-401. PERMIT AND LICENSE REQUIRED.

A home occupation permit shall be issued by the director, who may impose reasonable conditions on the permit to mitigate potential adverse impacts. An application for a home occupation permit shall be made on a form provided by and filed with the director. A city business license shall be obtained in accordance with Chapter 11 of the code prior to or concurrently with an application for a home occupation permit. The applicant is responsible for complying with all city, county, State and federal requirements including business license requirements and local zoning laws. Payment of the business license tax is not an endorsement of the business or verification of competency or reliability.

(`64 Code, Sec. 36-8.13.3) (Ord. No. 2130, 2829)

SEC. 16-402. PERMIT INITIATION AND EXPIRATION.

(A) The use authorized by a home occupation permit shall be initiated within 30 days of final approval. If not initiated within 30 days, the home occupation permit shall automatically be null and void.

(B) A home occupation permit shall become null and void when the use for which the permit was granted ceases or is suspended for more than 30 days, or if a valid business license is not maintained for the home occupation.

(Ord. No. 2829)

SEC. 16-403. OPERATING STANDARDS.

(A) Home occupations shall operate according to the following standards:

(1) No permit shall be issued for a home occupation that violates any provision of the city code.

(2) The operation of a home occupation shall not alter the appearance of the dwelling unit by the use of colors, materials, lighting, signs or exterior alterations not compatible with the surrounding area. No structural alterations shall be permitted within the dwelling to separate any area used for a home occupation from the principal dwelling space.

(3) A home occupation permit shall only be approved for a resident of the subject property. No area used for a home occupation shall be subleased or rented to another party.

(4) The home occupation shall not include direct sales of goods or displays of goods on the premises.

(5) There shall be no on- or off-site advertising that identifies the home occupation by street address, except as may be required by State law or by city business licensing requirements.

(6) The home occupation shall be conducted indoors and confined completely within a dwelling or accessory building. The area used for a home occupation shall not exceed 25% of the gross area of one floor of the dwelling or accessory building.

(7) Use of a garage for home occupation purposes shall not interfere with the permanent maintenance of off-street parking spaces, including required garage spaces.

(8) A single vehicle no larger than a two axle vehicle and weighing no more than 10,000 pounds used in connection with a home occupation may be parked at the dwelling. Parking for any vehicle used in connection with the home occupation shall be provided off-street.

(9) The home occupation shall not encroach into any required parking, setback, or open space area.

(10) Activities conducted by and equipment or material used in the home occupation shall not change the fire safety or occupancy classifications of the dwelling or accessory building, or use utility or solid waste services in amounts greater than normally provided for the residential use.

(11) No employees other than residents of the dwelling shall be allowed in connection with a home occupation, except that babysitters or domestic staff shall not be considered employees of a home occupation.

(12) Customers or clients of the home occupation shall not call upon the premises arriving either by vehicle or as pedestrians, with the exception of individual tutorial instruction including music or academic lessons limited to no more than one person at any time subject to the other provisions of this section.

(13) The applicant for a permit for a home occupation that is to be conducted on rental property shall submit the property owner's written authorization for the proposed use prior to the issuance of a home occupation permit.

(14) If the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be sold or shipped directly to customers located at an off-premises location.

(15) The home occupation shall not involve the interior or exterior use or storage of material or mechanical equipment which is not part of a normal household or hobby use.

(16) Home occupations shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.

(17) The home occupation shall not create more noise, light, vibration, smoke, odor, humidity, heat, cold, glare, dust or dirt, electrical interference, pedestrian activity, vehicular traffic, or television or radio interference, than is customary in the residential area in which the home occupation is located.

(18) Deliveries to a home occupation shall not involve types of vehicles or more frequent deliveries than are customary for a residential area.

(`64 Code, Sec. 36-8.13.4) (Ord. No. 2130, 2829)

SEC. 16-404. PROHIBITED HOME OCCUPATIONS.

Sale of alcohol, explosives, hazardous wastes, or firearms which involve the storage of such items within a structure are prohibited as home occupations.

(`64 Code, Sec. 36-8.13.5) (Ord. No. 2130, 2829)

SEC. 16-405. REVOCATION.

(A) The director shall notify a permittee in writing of a home occupation permit revocation if the director finds that one or more of the following conditions exist:

(1) The operation or nature of the business has been altered contrary to the original approval;

(2) The use is not consistent with an associated permit or specific plan;

(3) The use has become detrimental to the public health or safety or constitutes a nuisance;

(4) The permit was obtained in a fraudulent manner;

(5) The condition of the premises where the home occupation is located has been altered contrary to the original approval, including expansion of use;

(6) The condition of the site where the use is located has changed so that the use is no longer justified under the meaning and intent of this chapter.

(B) The director shall mail such notice to the permittee, stating the basis on which the director intends to revoke the home occupation permit, and informing the permittee that the director shall revoke the permit within 15 calendar days of the notice mailing date, unless the condition found to be in violation of this chapter is abated within the time specified. The notice shall also inform the permittee of the appeal procedures set forth in section 16-406.

(`64 Code, Sec. 36-8.13.6) (Ord. No. 2130, 2829)

SEC. 16-406. APPEAL.

Any person may appeal to a hearing officer a decision of the director approving or denying an application for a home occupation permit or revoking a home occupation permit. The appeal shall be in writing, shall state the grounds for appeal, and shall be filed with the city clerk 15 calendar days of the date of the mailing of the director's decision, together with the appeal fee adopted by resolution of the city council. The decision of the hearing officer shall be final.

(Ord. No. 2829)

SEC. 16-410.1. PURPOSE.

The purpose of this Division 7A is to meet the requirements set forth in Cal. Govt Code, Section 65915 et seq. (known as the State Density Bonus Law). If any provision of this Division 7A conflicts with State law, or provides more rights than are legally required by State law, the minimum requirements of State law shall control.

(Ord. No. 2912, 3035)

SEC. 16-410.2. DEFINITIONS.

In addition to the definitions in Section 16-10, the following definitions apply to this division and shall control over any conflicting definitions in Section 16-10. State law definitions, as they may be amended from time to time, control over the definitions in this section. Where the definitions are provided by State law, the citation to the statute follows.

(A) AFFORDABLE HOUSING AGREEMENT - An agreement between the City of Oxnard and the developer pursuant to Section 16-410.19.

(B) AFFORDABLE HOUSING BENEFITS - One or more of the following:

(1) A density bonus pursuant to Section 16-410.8;

(2) An incentive pursuant to Section 16-410.12;

(3) A development standard waiver or modification pursuant to Section 16-410.15; and

(4) A parking standard modification pursuant to Section 16-410.16.

(C) AFFORDABLE HOUSING COST - The definition set forth in Cal. Health and Safety Code, Section 50052.5. (Cal. Gov't Code, Section 65915(c)(2))

(D) AFFORDABLE HOUSING DEVELOPER - The applicant or permittee of a qualified housing development and its assignees or successors in interest.

(E) AFFORDABLE RENT - The definition set forth in Cal. Health and Safety Code, Section 50053(b). (Cal Gov't Code, Section 65915(c)(1))

(F) AFFORDABLE UNIT - A residential dwelling unit that is guaranteed by the affordable housing developer to be rented or sold in accordance with the requirements of this division to one of the following:

(1) A lower income household (Cal. Health and Safety Code Section 50079.5); or

(2) A moderate income household within a for-sale development (Cal. Gov't Code, Section 65915(c)(1)-(c)(2))

(3) A student housing rental bed for a lower income student, and its pro rata share of associated common area facilities. (Cal. Gov't Code, Section 65915(b)(1)(F)(ii))

(G) APPROVAL AUTHORITY - The person or body within the city who is authorized to provide discretionary approval or ministerial approval of a housing development. If multiple persons or approval bodies are authorized to make one or more such approvals, then the person or body with the highest authority shall be deemed the approval authority.

(H) CHILDCARE FACILITY - A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age childcare centers (Cal. Gov't Code, Section 65915(h)(4))

(I) CITY - The City of Oxnard or its designee.

(J) COMMON INTEREST DEVELOPMENT - Any of the following: a community apartment project, a condominium project, a planned development, or a stock cooperative pursuant to Cal. Civil Code, Section 4100. All common interest development units must be offered to the public for purchase (Cal. Gov't Code, Section 65915(b)(1)(D))

(K) CONDOMINIUM CONVERSION PROJECT - A residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Cal. Gov't Code, Section 65915.5(a).

(L) DENSITY BONUS - Except as used in Section 16-410.20, Condominium Conversion Projects, a density increase over the otherwise maximum allowable residential density as of the date of application to the city for a qualified housing development. (Cal Gov't Code, Section 65915(f)). As used in Section 16-410.20, density bonus shall be defined as set forth in Section 16-410.2 (Cal. Gov't Code, Section 65915.5(b))

(M) DENSITY BONUS UNITS - Dwelling units granted pursuant to Cal. Gov't Code, Section 65915 which exceed the otherwise maximum allowable residential density.

(N) DEVELOPER - The applicant or permittee of a qualified housing development and its assignees or successors in interest.

(O) DEVELOPMENT STANDARD - A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the zoning ordinance, the general plan, specific plan or other city condition, law, policy, resolution, or regulation (Cal. Gov't Code, Section 65915(o)(2))

(P) DOMESTIC PARTNER - The definition set forth in California Family Code Section 297. An individual is considered a domestic partner of the owner by presenting the Declaration of Domestic Partnership filed with the California Secretary of State (Cal. Family Code Section 297)

(Q) EQUITY SHARE AGREEMENT - An agreement between the City of Oxnard and the initial buyer of an affordable unit offered for sale pursuant to Section 16-410.19.

(R) HOUSEHOLD INCOME CATEGORY DEFINITIONS -

(1) ACUTELY LOW INCOME HOUSEHOLDS - Persons and families whose incomes do not exceed 15% of the area median income for the Ventura County Metropolitan Statistical Area adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50063.5, as may be amended.

(2) EXTREMELY LOW INCOME HOUSEHOLDS - Persons and families whose incomes do not exceed 30% of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50106. as may be amended.

(3) VERY LOW INCOME HOUSEHOLD - Persons and families whose income does not exceed 50% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50105. (Cal. Gov't Code, Section 65915(b)(1)(B))

(4) LOW INCOME HOUSEHOLD - A household whose income does not exceed 80% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50079.5. (Cal. Gov't Code, Section 65915(b)(1)(A))

(5) LOWER INCOME HOUSEHOLDS - Includes acutely low income households, extremely low income households, very low income households, and low income households whose gross incomes are 80% or less of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually pursuant to Cal. Health and Safety Code Section 50079.5 and 50105, as may be amended.

(6) MODERATE INCOME HOUSEHOLD - Persons or families whose income does not exceed 120% of the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, as defined in Cal. Health and Safety Code, Section 50093. (Cal. Gov't Code, Section 65915(b)(1)(D))

(S) HOUSING DEVELOPMENT - A development project of five or more residential units, including mixed-use developments. This also includes a subdivision or common interest development that is approved by the city and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units. The residential units within a housing development shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. (Cal. Gov't Code, Section 65915(i))

(T) HOUSING RELATED COST (PURCHASER) - The definition set forth in Cal. Code of Regulations Section 6920. Housing related cost is inclusive of mortgage loan payments, mortgage insurance payments, property taxes and assessments, homeowner association fees, reasonable utilities allowance, insurance premiums, maintenance costs, and space rent if the housing unit is situated on rented land.

(U) INCENTIVE - Incentives and concessions as that phrase is used in Cal. Gov't Code, Section 65915(k).

(V) MAJOR TRANSIT STOP - A site containing any of the following: (a) An existing rail or bus rapid transit station; or (b) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, as defined in subdivision (b) of Sections 21155 and 21064.3 of the Public Resources Code. Located within one-half mile of a major transit stop means any point on a proposed development is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. Unobstructed access to the major transit stop means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph natural or constructed impediments includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots or rails used for transit (Cal. Gov't Code Sections 65915(o)(2), 65915(o)(4), and 65915(p)(2))

(W) MARKET-RATE UNIT - A dwelling unit that is not an affordable unit.

(X) MAXIMUM ALLOWABLE RESIDENTIAL DENSITY - The density allowed under the applicable zoning ordinance and the land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. (Cal. Gov't Code, Section 65915(o)(6))

(Y) MINIMUM AFFORDABLE HOUSING COMPONENT - A housing development which includes a minimum affordable housing as identified in Cal. Gov't Code, Section 65915(b).

(Z) OTHER INCENTIVES OF EQUIVALENT FINANCIAL VALUE - The reduction or waiver of requirements which the city might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the city to provide cash transfer payments or other monetary compensation. (Cal. Gov't Code, Section 65915.5(c))

(AA) QUALIFIED HOUSING DEVELOPMENT - A housing development that meets the requirements of Section 16-410.3 for density bonus.

(BB) QUALIFIED LAND - Land offered for donation in accordance with Section 16-410.11 that meets the criteria set forth in Section 16-410.11.

(CC) RENT - The definition set forth in Cal. Code of Regulations, Section 6918. Monthly rent shall be an average of estimated costs for the next 12 months. Rent is inclusive of the total of monthly payments for a rental or cooperative unit for:

(1) Use and occupancy of a housing unit and land and facilities associated therewith.

(2) Any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits.

(3) A reasonable allowance for utilities not included in subsections (CC)(1) or (2) above, including garbage collection, sewer water, electricity, gas, and other heating, cooking and refrigeration fuels. Utilities does not include telephone service. Such an allowance shall take into consideration the cost of an adequate level of service.

(4) Possessory interest taxes, or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the lessor.

(DD) SENIOR CITIZEN HOUSING DEVELOPMENT - A residential development as defined in Cal. Civil Code, Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civil Code, Sections 798.76 or 799.5. (Cal. Gov't Code, Section 65915(b)(1)(C))

(EE) SENIOR CITIZEN HOUSING DEVELOPMENT UNIT - A residential dwelling unit within a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Cal. Civil Code, Section 51.3. (Cal. Gov't Code, Section 65915(b)(1)(C))

(FF) SPECIFIC, ADVERSE IMPACT - A significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for the housing development was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (Cal. Gov't Code, Section 65589.5(d)(2))

(GG) TOTAL UNITS AND TOTAL DWELLING UNITS - Consistent with Cal. Gov't Code Section 65915(o)(8), for the purpose of this division only, dwelling units other than density bonus units awarded pursuant to this division.

(HH) ZONING ORDINANCE - Chapter 16 and 17 of the City of Oxnard Municipal Code.

(Ord. No. 2912, 3002, 3035)

SEC. 16-410.3. ELIGIBILITY FOR DENSITY BONUSES AND INCENTIVES.

Density bonuses are available to affordable housing developers in accordance with this division for a development that will contain at least one of the following:

(A) Housing developments which include a minimum affordable housing component as identified in Cal. Gov't Code, Section 65915(b), pursuant to Section 16-410.8 and subsection (A);

(B) Senior citizen housing developments as identified in Cal. Gov't Code, Section 65915(b)(1)(C) and pursuant to Section 16-410;

(C) A housing development that includes a minimum housing component for transitional foster youth, disabled veterans, or homeless persons as identified in Cal. Gov't Code, Section 65915(b)(1)(E). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (Cal. Gov't Code, Section 65915(b)(1)(E));

(D) Student housing developments as identified in Cal. Gov't Code, Section 65915(b)(1)(F) and subject to the requirements therein;

(E) Housing developments that includes 100% of all units in the development including total units and density bonus units, are for lower income households, exclusive of a manager's unit or units, and up to 20% of the units in the development may be affordable to moderate-income households (Cal. Gov't Code, Section 65915(b)(1)(G));

(F) Housing developments that include a minimum affordable housing component and a childcare facility, pursuant to Section 16-410.9;

(G) Land donations for very low income housing as identified in Cal. Gov't Code, Section 65915(g), pursuant to Section 16-410.11.

(H) For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

(I) Notwithstanding any language in this Division 7A to the contrary and consistent with the Second Appellate District case of Kalnel Gardens v. City of Los Angeles (2016) 3 Cal. App. 5th 927, within the coastal zone. Density bonuses shall not be available to affordable housing developers if the city finds that the proposed project cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(Ord. No. 2912, 3035)

SEC. 16-410.4. FEES.

An application for a density bonus permit shall be accompanied by the fee set by resolution of the City Council.

(Ord. No. 2912, 3035)

SEC. 16-410.5. APPLICATION REQUIRED.

When an applicant seeks a density bonus for a housing development that meets the criteria set out in Section 16-410.8 (Cal. Gov't Code, Section 65915) the affordable housing developer must comply with all of the following requirements:

(A) The applicant shall file an application for a density bonus permit in accordance with Sections 16-410.5 and 16-410.6 that includes a minimum affordable housing component, whether or not the project also requires or has been granted a special use permit or other permits or approvals. (Cal. Gov't Code, Section 65915(b)(1))

(B) State in the application the specific minimum affordable housing component proposed for the housing development. (Cal. Gov't Code, Section 65915(b)(2))

(C) Enter into an agreement with the city or its designee pursuant to Section 16-410.19 to maintain and enforce the affordable housing component of the housing development. (Cal. Gov't Code, Section 65915(c))

(Ord. No. 2912, 3035)

SEC. 16-410.6. CONTENT OF APPLICATION.

(A) The application for a density bonus permit shall include the following information:

(1) A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, the total number of units in the development by number of bedrooms, and the location of the affordable units;

(2) A description of the density bonus and the incentives or concessions requested, if any, in accordance with Sections 16-410.8 through 16-410.13 (Cal. Gov't Code, Section 65915(b)(2)(d)(1));

(3) For parking standard modification requests, that the requirements of Section 16-410.16 are met (Cal. Gov't Code, Section 65915(p));

(4) The location, design, and phasing criteria required by Section 16-410.17, including any proposed development standard(s) modifications or waivers pursuant to Section 16-410.15;

(5) Any proposal for the waiver or reduction of development standards which waiver or reduction is required to allow the city to avoid physically precluding the construction of a development meeting the criteria of Cal. Gov't Code, Section 65915(b) at the densities or with the concessions or incentives permitted by the statute;

(6) The proposed method of ensuring the continued affordability of all low, very low rental units, or senior units, or childcare facilities, that qualified the applicant for the award of the density bonus for at least 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as required by Cal. Gov't Code, Section 65915(c)(1); and

(7) Other information reasonably requested by city staff needed to establish eligibility for a requested density bonus, incentives or concessions, or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

(B) For the application for a density bonus permit for the donation of qualified land pursuant to Section 16-410.11, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement of that section has been met. (Cal. Gov't Code, 65915(g)(2))

(C) The application for a density bonus permit for a housing development with a childcare facility that conforms to the requirements of Section 16-410.9 or Section 16-410.12. (Cal. Gov't Code, Section 65915(b)), shall show the location and square footage of the childcare facility in addition to including sufficient information on how the applicant proposes to regulate attendance at the childcare facility to conform to the requirements of Cal. Gov't Code, Section 65915(h)(2)(B).

(D) An application for a density bonus permit will not be processed until all of the provisions of this Division 7A are complied with and shall be processed concurrently with other required entitlements for which the affordable housing benefit is sought.

(E) Approval of a density bonus permit, incentives, concessions or waivers shall be made by the approval authority within the city that is authorized to approve the associated discretionary approval or ministerial approval for the underlying development permit for the housing development. The approval of the density bonus application is non-discretionary unless the city adopts written findings justifying the denial of the density bonus application. The approval authority's decision shall only be appealable if the permit is denied. An appeal shall be granted if the approval authority's decision does not include written findings or if the written findings do not justify the denial consistent with State or local law.

(Ord. No. 2912, 3002, 3035)

SEC. 16-410.7. EFFECT OF PROPOSAL FOR WAIVER OR REDUCTION OF DEVELOPMENT STANDARDS.

A proposal for a waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Cal. Gov t Code, Section 65915(e)(2).

(Ord. No. 2912, 3035)

SEC. 16-410.8. DENSITY BONUS ALLOWANCE FOR HOUSING DEVELOPMENT WITH AFFORDABLE HOUSING COMPONENT.

If the requirements of Section 16-410.3 are met, then the affordable housing developer is entitled to a density bonus pursuant to Cal. Gov't Code, Section 65915(f). The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus or no increase in density (Cal. Gov't Code, Section 65915(f)). All density calculations resulting in fractional units shall be rounded up to the next whole number. (Cal. Gov't Code, Section 65915(f)(5). Developers of housing under this division are not eligible to request to make in-lieu affordable housing payment instead of providing affordable housing units.

(Ord. No. 2912, 3035)

SEC. 16-410.9. DENSITY BONUS FOR HOUSING DEVELOPMENT WITH AFFORDABLE HOUSING COMPONENT AND CHILD CARE FACILITY.

(A) Criteria - For a density bonus to be granted pursuant to Section 16-410.9(B) for housing development with a minimum affordable housing component and a childcare facility, all of the following must be satisfied:

(1) Compliance with one of the minimum eligibility requirements identified in Cal. Gov't Code, Section 65915(b).

(2) The housing development must include a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development. (Cal. Gov't Code, Section 65915(h)(1))

(3) Approval of the housing development must be conditioned to ensure that both of the following occur:

(a) The childcare facility must remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 16-410.19 (Cal. Gov't Code, Section 65915(h)(2)(A)).

(b) Of the children who attend the childcare facility, the children of very low income households, low income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought. (Cal. Gov't Code, Section 65915(h)(2)(B))

(4) The city has not made a finding based upon substantial evidence that the community has adequate childcare facilities. (Cal. Gov't Code, Section 65915(h)(3))

(B) Density bonus allowance - If the requirements of Section 16-410.9(A) are met, then an applicant for a housing development with an affordable housing component and childcare facility is entitled to:

(1) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(A))

(2) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(B))

(Ord. No. 2912, 3035)

SEC. 16-410.10. DENSITY BONUS FOR SENIOR CITIZEN HOUSING DEVELOPMENT.

(A) An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civil Code, Sections 798.76 or 799.5 is entitled to a density bonus for the number of senior citizen housing development units as identified in Cal. Gov't Code. Section 65915(f)(3)(A). (Cal. Gov't Code, Sections 65915(b)(1)(C) and 65915(f)(3)(A))

(B) To qualify as a senior unit, at least 35 senior citizen housing development units are maintained and available for rent or sale to senior citizens as defined in Cal. Civil Code, Section 51.3.

(Ord. No. 2912, 3035)

SEC. 16-410.11. DENSITY BONUS FOR LAND DONATION.

For a density bonus for a qualified land donation to be granted, all of the requirements of State law, as it may be amended from time to time, shall be met. See Cal. Gov't Code, Section 65915(g). For qualifying donations, the city shall award a density bonus as identified in Cal. Gov't Code, Section 65915(g)(1) in addition to any density bonus earned pursuant to this division, but in no event shall the total density bonus from all sources exceed 50%. (Cal. Gov't Code, Section 65915(g)(2))

(Ord. No. 2912, 3035)

SEC. 16-410.12. AFFORDABLE HOUSING INCENTIVES.

Cal. Gov't Code, Sections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives. Subject to Section 16-410.14, all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to Sections 16-410.12(B) and 16-410.13:

(A) The applicant for an incentive may also be an applicant for a density bonus and must qualify for a density bonus pursuant to Section 16-410.3 (Cal. Gov't Code, Section 65915(d)(1))

(B) A specific written proposal for an incentive(s) must be submitted with the application for density bonus in accordance with Section 16-410.6 (Cal. Gov't Code, Sections 65915(b)(1) and (d)(1)). The applicant's proposal may subsequently be amended or supplemented based on project design or other changes requested by the city; provided, however, that the city shall have additional time to review the requested changes.

(C) If an incentive(s) pursuant to Sections 16-410.12 and 16-410.13 is sought, the applicant must establish that each requested incentive would result in identifiable and actual cost reductions for the qualified housing development or for rents for the qualified affordable dwelling units. (Cal. Gov't Code, Sections 65915(k)(1) and (3))

(D) If an incentive(s) for mixed-use zoning in conjunction with a housing project is sought, the applicant must establish that requirements of State law are met. (Cal. Gov't Code, Section 65915(k)(2))

(E) If an additional incentive for a childcare facility is sought pursuant to Section 16-410.13(D), the applicant must establish that requirements of that section are met.

(F) The granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study or other discretionary approval. (Cal. Gov't Code, Section 65915(j)) An incentive is applicable only to the project for which it is granted. For purposes of this subsection (F), study does not include reasonable documentation to establish eligibility for the incentive or to demonstrate that the incentive meets the definition of identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

(Ord. No. 2912, 3035)

SEC. 16-410.13. NUMBER OF INCENTIVES GRANTED.

Subject to Section 16-410.14, the applicant who meets the requirements of Section 16-410.12(A) shall receive the following number of incentives described below and as shown in Table 16-410.13.

(A) One incentive for qualified housing development projects that include at least 10% of the total units for low income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income households in a development in which the units are for sale.

(Cal. Gov't Code, Section 65915(d)(2)(A))

(B) Two incentives for qualified housing development projects that include at least 17% of the total units for low income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income households in a development in which the units are for sale. (Cal. Gov't Code, Section 65915(d)(2)(B))

(C) Three incentives for qualified housing development projects that include at least 24% of the total units for low income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income households in a development in which the units are for sale. (Cal. Gov't Code, Section 65915(d)(2)(C))

(D) Four incentives or concessions for a project that include 100% of total units and density bonus units excluding manager's units, that affordable to lower income households, as identified in Cal. Gov't Code Section 65915(b)(1)(G). If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (Cal. Gov't Code, Section 65915(d)(2)(D))

(E) One incentive for projects that include at least 20% of the total units for lower income students in a student housing development. (Cal. Gov't Code, Section 65915(d)(2)(E))

(F) Subject to Section 16-410.14(D), a qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Cal. Gov't Code, Section 65915(h)(1)(B))

TABLE 16-410M - INCENTIVE ALLOWANCES FOR QUALIFIED HOUSING DEVELOPMENTS

Income Category	Minimum % of Affordable Units
Very low income	5%	10%	15%	100%
Low income	10%	17%	24%	100%*
For-sale development (moderate income)	10%	20%	30%	NA
Incentives allowed	1	2	3	4
*Per Cal. Gov t Code 65915(b)(1)(G), 100% of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20% of the units in the development, including total units and density bonus units may be for moderate-income households as defined in Section 50053 of the Health and Safety Code.

(Ord. No. 2912, 3035)

SEC. 16-410.14. CRITERIA FOR DENIAL OF APPLICATION FOR INCENTIVES.

Outside of the coastal zone and except as otherwise provided in this Division 7A or by State law, if the requirements of Section 16-410.12(A) are met, the city shall grant the incentive(s) that are authorized by Sections 16-410.12(B) and 16-410.13 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the city may refuse to grant the incentive(s):

(A) The incentive does not result in identifiable and actual cost reductions, consistent with Cal. Gov't Code, Section 65915(k), to provide for affordable housing costs or for rents for the targeted units to be set as specified in Cal. Gov't Code, Section 65915(k). (Cal. Gov't Code, Section 65915(d)(1)(A))

(B) The incentive would have a specific, adverse impact, as defined in Cal. Gov't Code, Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households. (Cal. Gov't Code, Sections 65915(d)(1)(B) and 65915(d)(3))

(D) The city finds, based upon substantial evidence, that the community has adequate childcare facilities, in which case the additional incentive for a childcare facility pursuant to Section 16-410.13(D) may be denied. (Cal. Gov't Code, Section 65915(h)(3))

(E) Within the coastal zone, the city shall deny applications for incentives and/or density bonuses if the city finds that the proposed project - with the requested incentive(s), density bonus(es) and/or waiver of development standard(s) - cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(Ord. No. 2912, 3035)

SEC. 16-410.15. WAIVER OR MODIFICATION OF DEVELOPMENT STANDARDS.

Requirements for waiver or modification of development standards:

(A) Application - To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request. (Cal. Gov't Code, Section 65915(e)(1)) An applicant for a waiver or modification of development standard(s) pursuant to this section may request a meeting with the director to review the proposal. If requested, the director shall meet with the applicant. (Cal. Gov't Code, Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 16-410.12. (Cal. Gov't Code, Section 65915(e)(2))

(B) To deny the requested waiver or reduction of development standard(s) outside of the coastal zone, the city shall make a written finding, based upon substantial evidence, of any of the following:

(1) The requested waiver or reduction of development standard(s) would have a specific adverse impact (as defined in Cal. Gov't Code, Section 65589.5(d)(2)) upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low-income, and moderate-income households.

(2) The requested waiver or reduction of development standard(s) would be contrary to State or federal law.

(C) Within the coastal zone, the city shall deny the requested waiver or reduction of development standard(s) if it finds that the requested waiver or reduction of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(D) Granting application for waiver or modification of development standards - If the requirements of Sections 16-410.15(A) and (B) are satisfied, the application for waiver or modification of development standard(s) shall be granted, unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(E) If the requirements of Sections 16-410.15(A) and (B) are satisfied, the city shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Division 7A (Cal. Gov't Code, Section 65915(e)(1)) unless, within the coastal zone, the waiver or modification of development standard(s) cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(Ord. No. 2912, 3035)

SEC. 16-410.16. PARKING STANDARD MODIFICATIONS FOR QUALIFIED HOUSING DEVELOPMENTS.

(A) Requirements for parking standard modifications - Modification of parking standard set forth in Section 16-622 are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested must be submitted with the qualified housing development application. (Cal. Gov't Code, Section 65915(p)(3))

(B) Parking standard modifications - If the requirements of Section 16-410.3 are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following ratios (Cal. Gov't Code, Section 65915(p)(1)):

(1) Zero to one bedroom: one on-site parking space.

(2) Two to three bedrooms: one and one-half on-site parking spaces.

(3) Four and more bedrooms: two and one-half on-site parking spaces.

(C) Not withstanding Section 16-410.16(B), if a development includes at least 20% of the total units affordable to low income households, at least 11% of the total units affordable to very low income, or at least 40% moderate-income units within a for-sale housing developments; the development is located within one-half mile of a major transit stop; and the residents of the development have unobstructed access to the major transit stop from the development then upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. (Cal. Gov't Code. Section 65915(p)(2))

(D) Not withstanding Section 16-410.16(B), if a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families: the development is located within one-half mile of a major transit stop and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the city shall not impose a vehicular parking ratio. (Cal. Gov't Code. Section 65915(p)(3)(A))

(E) Not withstanding Section 16-410.16(B), if a development consists solely of rental units for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, exclusive of a manager's unit or units, with an affordable housing cost to lower income families; the development has either paratransit service or unobstructed access; and the development is located within one-half mile of a fixed bus route service stop that operates at least eight times per day, then upon the request of the developer, the city shall not impose a vehicular parking ratio. (Cal. Gov't Code, Section 65915(p)(3)(B))

(F) Not withstanding Section 16-410.16(B) if a development consists solely of rental units for either a special needs housing, as defined in Section 51312 of the Health and Safety Code, or a supportive housing, as defined in Section 50675.14 of the Health and Safety Code, exclusive of a manager's unit or units, with an affordable housing cost to lower income families; the development has either paratransit service or unobstructed access; and the development is located within one-half mile of a fixed bus route service stop that operates at least eight times per day, then upon the request of the developer the city shall not impose a vehicular parking ratio. (Cal Gov't Code. Section 65915(p)(4))

(G) If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, on-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking. (Cal. Gov't Code, Section 65915(p)(45))

(H) Except as otherwise provided in this section, all other provisions of Chapter 16, Article X (Off-Street Parking Requirements) applicable to residential development apply.

(I) An applicant may request additional parking incentives beyond those provided in this section if applied for pursuant to Section 16-410.12. (Cal. Gov't Code, Section 65915(p)(56))

(J) If the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in Section 16-410.16(B) above, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection (J), supporting the need for the higher parking ratio. (Cal. Gov't Code, Section 65915(p)(7))

(Ord. No. 2912, 3035)

SEC. 16-410.17. DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVE PROGRAM.

(A) Project design and phasing - Projects seeking an affordable housing benefit pursuant to this Division 7A must comply with the following requirements, unless otherwise specified in writing by the director:

(1) Location/dispersal of units - Affordable units shall be proportionately dispersed throughout the development by bedroom size.

(2) Phasing - If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units. Alternatively, more affordable units may be provided during the initial phase(s).

(3) Design - All affordable units shall be designed and constructed to be architecturally consistent and similar in size, shape, quality and appearance (including all interior and exterior finishes) to the units not reserved to be affordable.

(B) Application requirements - An application for one or more affordable housing benefits must be submitted as follows:

(1) Each affordable housing benefit requested must be specifically stated in writing on the application form provided by the city.

(2) The application must include the information and documents necessary to establish that the requirements of this Division 7A are satisfied for each affordable housing benefit requested, including:

(a) For density bonus requests, that the requirements of Section 16-410.3 are met;

(b) For incentive requests, that the requirements of Section 16-410.12 are met;

(d) For parking standard modification requests, that the requirements of Section 16-410.3 are met.

(3) The application must be submitted concurrently with a complete application for a qualified housing development.

(4) The application must include a site plan that complies with and includes the following:

(a) For special needs, supportive housing, or senior citizen housing development projects - the number and location of proposed total units and density bonus units.

(b) For all qualified housing development projects other than special needs, supportive housing or senior citizen housing development projects - the number and location of proposed total units, affordable units, and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located. (Cal. Gov. Code, Section 65915(i))

(c) The location, design, and phasing criteria required by Section 16-410.17(A), including any proposed development standard(s) modifications or waivers pursuant to Section 16-410.15.

(5) The application for a qualified housing development must state the level of affordability of the affordable units and include a proposal for compliance with Section 16-410.19 for ensuring affordability.

(6) If a density bonus is requested for a qualified land donation pursuant to Section 16-410.11, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 16-410.11 has been met.

(7) If an additional density bonus or incentive is requested for a childcare facility pursuant to Section 16-410.9 and/or Section 16-410.13(D), the application shall show the location and square footage of the childcare facility in addition to including sufficient information to establish that each requirement in Section 16-410.9 and/or Section 16-410.13(D) has been met.

(C) An application for an affordable housing benefit under this Division 7A will not be processed until all of the provisions of this section are complied with as determined by the director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the director a preliminary proposal for affordable housing benefits.

(Ord. No. 2912, 3035)

SEC. 16-410.18. DETERMINATION ON DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVE PROGRAM REQUESTS.

The approval authority on the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this Division 7A.

(A) Affordable housing benefit determinations - An application for an affordable housing benefit shall be granted if the requirements of this Division 7A are satisfied unless:

(1) The application is for an incentive for which a finding is made in accordance with Section 16-410.14; or

(2) The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit; or

(3) The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

(a) The proposed housing development, inclusive of the units replaced pursuant to this subsection (A)(3), contains affordable units at the percentages set forth under State law; or

(b) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

(4) For proposed projects within the coastal zone, the proposed project cannot feasibly be accommodated on the site in a manner that is in conformity with the California Coastal Act.

(B) Affordable housing benefit compliance provisions - To ensure compliance with this Division 7A and State law, approval of an application for an affordable housing benefit may be subject to, without limitation:

(1) The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this Division 7A;

(2) An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 16-410.19, including the imposition of reasonable fees to prepare the agreements; and

(3) Recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

(C) Appeals - If the determination of the underlying application for the qualified housing development is appealed along with the decision of the affordable housing benefit, then the entire project shall be controlled by the appeal procedures applicable to the underlying application.

(Ord. No. 2912, 3002, 3035)

SEC. 16-410.19. AFFORDABLE HOUSING AGREEMENT AND EQUITY SHARING AGREEMENT.

(A) General requirements - The developer will be required to enter into an affordable housing agreement with the city and, if applicable, the developer must also require that all initial buyers of the affordable units offered for sale execute an equity sharing agreement with the city or its designee pursuant to and in compliance with this section. (Cal. Gov't Code, Section 65915(c)). The density bonus affordable housing agreement may be combined with the affordable housing agreement and other documents required by Divisions 7B and 7C. The agreements shall be in the form provided by the city which shall contain terms and conditions mandated by, or necessary to implement, State law and this article. The Housing Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the city. The affordable housing agreement shall be recorded in the office of the Ventura County Recorder prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Housing Director is hereby authorized to enter into the agreements authorized by this section on behalf of the city upon approval of the agreements by the City Attorney for legal form and sufficiency.

(B) Minimum affordable housing component.

(1) (a) Rental units - Rents for lower income affordable units that qualified the housing development for the density bonus pursuant to Section 16-410.3 shall remain affordable for at least 55 years, or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as follows (Cal. Gov't Code, Section 65915(c)(1)).

(b) The affordable housing developer of a qualified housing development based upon the inclusion of affordable units for rent must enter into an affordable housing agreement with the city to maintain the continued affordability of the affordable units. The agreement shall establish specific compliance standards and specific remedies available to the city if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria based upon the specific development; standards for maximum affordable rents; the person responsible for certifying tenant incomes; procedures by which vacancies will be filled; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

(2) For-sale units - Owner-occupied moderate and lower income affordable units that qualified the housing development for the density bonus pursuant to Section 16-410.3 shall be available at an affordable housing cost (Cal. Gov't Code, Section 65915(c)(1)). For-sale very low, low and moderate units shall not have a term of affordability and shall be subject to an equity sharing agreement that meets the requirements of Cal. Gov't Code, Section 65915(c)(2) unless the equity sharing agreement is in conflict with the requirements of another public funding source or law (Cal. Gov't Code, Section 65915(c)(2)). If a resale restriction agreement or other affordability agreement is required for the development by another public funding source or law, the minimum term of the affordability restriction shall be 45 years or the minimum term required by the applicable public funding source or law, whichever is longer.

(a) The affordable housing developer of a for-sale development must enter into an agreement with the city ensuring that:

1. The initial buyers of the affordable units required under this division are lower or moderate income households, as required.

2. The units are offered at an affordable housing cost as defined in Section 16-410.2. (Cal. Gov't Code, Section 65915(c)(2))

(b) The initial eligible buyer of an affordable unit offered for sale shall enter into an equity sharing agreement with the city (Cal. Gov't Code, Section 65915(c)(2)). The equity share agreement shall be recorded as a lien against the purchased property, securing and stating the city's equity share in the property. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law. (Cal. Gov't Code, Section 65915(c)(2)) The equity sharing agreement shall include at a minimum the following provisions:

1. Upon resale, the seller of the unit shall retain the value of improvements, the down payment, and the seller's proportionate share of appreciation. Any improvements must be constructed with a building permit. The city shall recapture any initial subsidy, as defined in division (B)(2)(b)2. below, and its proportionate share of appreciation, as defined in division (B)(2)(b)2. below, which amount shall be used within five years for any of the purposes described in Cal. Health and Safety Code, Section 33334.2(e) that promotes home ownership (Cal. Gov't Code, Section 65915(c)(2)(A));

2. For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (Cal. Gov't Code, Section 65915(c)(2)(B));

3. The city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the unit at the time of initial sale. (Cal. Gov't Code, Section 65915(c)(2)(C))

(C) Minimum affordable housing component and childcare facility - If an additional density bonus or incentive is granted because a childcare facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer's obligations pursuant to Section 16-410.9(A)(3) for maintaining a childcare facility, if not otherwise addressed through conditions of approval.

(Ord. No. 2912, 3035)

SEC. 16-410.20. DENSITY BONUS OR INCENTIVE FOR CONDOMINIUM CONVERSION PROJECTS.

(A) The city will grant either a density bonus or provide other incentives of equivalent financial value to a condominium conversion project that agrees to pay the reasonably necessary administrative costs incurred by the city pursuant to this section if either:

(1) Thirty-three percent of the total units of the proposed condominium project is affordable to persons and families of moderate income households; or

(2) Fifteen percent of the total units of the proposed condominium project will be affordable to persons and families of lower income households (Cal. Gov't Code, Section 65915.5(a)).

(B) Definition of density bonus for condominium conversion projects - If the requirements of Section 16-410.20(A) are met, then the condominium conversion project will be entitled to an increase in units of 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion from apartments to condominiums. (Cal. Gov't Code, Section 65915.5(b))

(C) Pre-submittal preliminary proposals for density bonus or incentive for condominium conversion projects - Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert apartments to a condominium project may submit to the director a preliminary proposal for density bonus or other incentives of equivalent financial value. The director shall, within 90 days of receipt of a written proposal, notify the applicant of the director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the director's preliminary response. (Cal. Gov't Code, Section 65915.5(d))

(D) Application for density bonus or incentives for condominium conversion projects - An applicant must submit a completed application provided by the city for a density bonus or for other incentives of equivalent financial value. The application must be submitted concurrently with the application for the condominium conversion project. The application must include the following:

(1) All information and documentation necessary to establish that the requirements of Section 16-410.20(A) are met;

(2) The proposal for a density bonus or the proposal for other incentives of equivalent financial value;

(3) Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units, and the density bonus units in the condominium conversion project; and

(4) Any other information and documentation requested by the city to determine if the requirements of Section 16-410.20(A) are met.

(E) Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion must be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

(F) Granting density bonus or incentive for condominium conversion projects -

(1) Approval -

(a) If the requirements of Section 16-410.20(A) are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Section 16-410.20(F)(2).

(b) Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including, but not limited to, entering into an affordable housing agreement pursuant to Section 16-410.19 which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate income households or low income households. (Cal. Gov't Code, Section 65915.5(a))

(2) Ineligibility - An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 16-410.2 or other incentives were provided. (Cal. Gov't Code, Section 65915.5(f))

(3) Decision on condominium conversion project - Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. (Cal. Gov't Code, Section 65915.5(e))

(Ord. No. 2912, 3035)

SEC. 16-410.21. ENFORCEMENT PROVISIONS.

(A) Occupancy - Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit must be demonstrated to the city. This provision applies throughout the restricted time periods pursuant to Section 16-410.19 and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

(B) Ongoing compliance - Upon request, the affordable housing developer must show that the affordable units are continually in compliance with this Division 7A and the terms of the affordable housing agreement. Upon 30-day notice, the city may perform an audit to determine compliance with this Division 7A and the terms of any agreement or restriction.

(C) Enforcement - The city has the authority to enforce the provisions of this Division 7A, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this Division 7A, the city may, at its discretion, take any other enforcement action permitted by law, including those authorized by city ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution, and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 2912, 3035)

SEC. 16-410.22. BURDEN IS ON APPLICANT.

When an applicant seeks a density bonus for a development or for donation of land, the applicant bears the burden of establishing that the housing development meets the threshold requirements.

(Ord. No. 2912, 3035)

SEC. 16-420A. INTENT.

The affordable housing additive zones are zoning designations to provide opportunities for the development of affordable residential housing to help the city reach its regional housing needs allocation (RHNA) to implement the housing element's "affordable housing permitted" and "affordable housing discretionary" site-specific designations. The affordable housing additive zones are separate, and in addition to, the "State" density bonus authorized by Division 7A (commencing with section 16-410A).

(Ord. No. 2999)

SEC. 16-420B. CREATION AND SELECTION OF ADDITIVE ZONES (-AHP AND-AHD).

(A) Additive zone - Additive zone designations act as a suffix to the underlying zone designation. The additive designations are "Affordable Housing Permitted" (-AHP), and "Affordable Housing Discretionary" (-AHD). The -AHP and -AHD designations do not change the allowable uses and/or density of the underlying zone but add the right to develop housing at a density of up to 30 dwelling units per acre, in a manner consistent with this Division 7C.

(B) Selection of affordable housing additive zone sites - The parcels and aggregations of parcels with the -AHP and -AHD additive zone designations are shown in the Housing Element (2030 General Plan, Chapter 8) Supplement 1. These sites are not required to be available for sale or require owner permission to be designated -AHP or -AHD, although both conditions are preferred.

(C) No net loss - If an affordable housing additive zone site is approved for nonresidential development or with a residential unit count less than realistic/net lower income units listed for the site in Supplement 1 of the Housing Element, the city shall designate a replacement additive zone site (or combination of sites) if needed and required to maintain a "rolling" potential unit inventory that meets the then-remaining RHNA allocation for extremely low, very low and low income housing for the current RHNA planning period, as calculated by the Director. The city shall be responsible for the designation of replacement site(s) within 12 months from the date of the approved entitlements, unless the rolling inventory for extremely low, very low, and low income housing meets the remaining RHNA need as determined in the annual report. The determination on if a replacement site is needed and required will be based on results of the city's annual report which will be submitted to the California Department of Housing and Community Development (HCD) on a yearly basis. Private parties may propose affordable housing additive zone sites through the rezoning process in combination with an housing development application process.

(D) Evaluation of sites for affordable housing additive zone - In determining additional parcels or groups of parcels that may be suitable for the -AHP or -AHD additive zoning, potential sites shall be evaluated for their potential compatibility with adjacent land uses, availability of public services and is not located on land in any of the categories listed in Section 16.420K(F) of this division, and the site is found to either be suitable or have the potential to be suitable with appropriate design that transitions to adjoining neighborhoods.

(E) The -AHP additive zone may only be applied to a non-vacant site that was included in a prior housing element planning period, or a vacant site that was included in two or more consecutive housing elements planning periods.

(Ord. No. 2999)

SEC. 16-420C. PERMITTED USES.

(A) Multifamily - Multifamily residential uses are allowed in -AHP and -AHP zones, subject to compliance with all applicable reguirements of this Division 7C.

(B) Mixed use permissible - Mixed use multifamily residential uses are allowed in -AHP and AHP zones, subject to compliance with all applicable requirements of this Division 7C, as follows:

(1) Mixed use multifamily residential uses within the -AHP or -AHP additive zone may include space for commercial or office uses that do not exceed 15% of the total floor area of the development, where commercial or office uses are allowed as a permitted use in the underlying zoning designation, as part of the -AHP or -AHP associated permit. Commercial or office uses, which require a special use permit in accordance with the underlying zoning designation, shall require approval of a special use permit, in both the -AHP or -AHP additive zone.

(2) Mixed use multifamily residential uses within the -AHP additive zone which contain commercial or office space of greater than 15% of the total floor area of the development may request that the mixed use multifamily residential use application be removed from the by-right site plan review permit process and submit an application for a development design review planning permit pursuant to Section 16-525 under which the mixed use multifamily residential use application is not considered ministerial. The commercial or office space of greater than 15% of the total floor area of the development are also permissible, if they are constructed in addition to other permitted or related uses that are permitted in accordance with the underlying zoning designation. The commercial or office space shall still require development design review permit or special use permit in accordance with the underlying zoning designation in the -AHP additive zone.

(3) Mixed use multifamily residential uses within the -AHP additive zone which contain commercial or office space of greater than 15% of the total floor area of the development are also permissible, if they are constructed in addition to other permitted or related uses that are permitted in accordance with the underlying zoning designation. The commercial or office space shall still require development design review permit or special use permit in accordance with the underlying zoning designation in the -AHP additive zone.

(C) Underlying zoning permissible - As the -AHP and -AHD additive zone designations do not replace the 2030 general plan land use or underlying zone designations, any proposed use or development other than housing, or in addition to housing, shall be governed by the 2030 General Plan and zone designations and applicable standards and guidelines.

(Ord. No. 2999)

SEC. 16-420D. PLAN REVIEW AND PROCESSING.

(A) Application - Residential or mixed use developments proposed on -AHP or -AHD additive zone sites and permitted under this division shall be identified by the applicant at the time of permit application. The permit application fee and applicable supplemental development and environmental analysis and impact fees are required.

(1) Residential or mixed use development applications are to identify that the development will provide a minimum of 20% of all units as affordable to extremely-low income, very-low income, or low income households and comply with this entire division.

(2) The planned development designation on a site is only applicable to nonresidential development or development that does not fall under the -AHP or -AHD additive zone provisions.

(3) An application cannot utilize both the planned development additive zone provisions found in Chapter 16, Division 17 and the -AHP or -AHD additive zone provisions found in Section 16-420H(E).

(B) Site plan review permit - A ministerial site plan review (SPR) permit process (City Code section 16-523) is required for all multi-family residential development as defined under Section 16-420C(A) within the -AHP zone that meets the affordability requirements as defined in Section 16-420E(A), and complies with the applicable development and design standards of this chapter.

(C) Special use permit - A special use permit (SUP) permit process (City Code Sections 16-530 to 16-553) is required for all multi-family residential uses permitted under this division that are not eligible under Subsection (B) of this section and are located in the -AHD zone.

(D) Impact fees - applicants shall pay all applicable impact fees, provide appropriate design and engineering studies, and otherwise follow the applicable entitlement process for development of comparable size and use.

(Ord. No. 2999)

SEC. 16-420E. AFFORDABILITY REQUIREMENTS.

(A) All housing units built pursuant to this division shall provide a minimum of 20% of all units as affordable to extremely-low income, very-low income, or low income households as defined and periodically updated by the U.S. Department of Housing and Urban Development for Ventura County. Developers of housing under this division are not eligible to request to make in-lieu affordable housing payment instead of providing affordable housing units.

(B) All residential developments built pursuant to this Division 7C are subject to the City of Oxnard Inclusionary Housing Ordinance.

(C) The developer shall establish and at all times maintain a written list of Oxnard residents qualified to purchase or rent each of the affordable units. The developer shall offer the affordable units to qualified Oxnard resident buyers or renters on the waiting list first and give preference to them until there are no qualified Oxnard residents on the waiting list. At such time, the developer may make units available to all other prospective buyers or renters meeting the income limitations for such units.

(D) Affordability restrictions - Each affordable unit must be restricted for a minimum of 55 years for rental units and 45 years for owner-occupied units. The deed restriction or affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the city upon approval of the agreements by city attorney for legal form and sufficiency.

(E) Manager's unit - For developments which are 100% affordable the following shall apply. For a development with between ten and 40 units, one manager's unit is exempt from the affordability requirement. For a development between 41 and 80 units, up to two manager's units are exempt from the affordability requirement. For development of 81 or more units, up to three manager's units are exempt from the affordability requirement. Developments that provide nine or less affordable units do not obtain an exemption for a manager unit.

(Ord. No. 2999)

SEC. 16-420F. ASSISTANCE FOR AFFORDABLE PROJECTS.

Housing developments that comply with this Division 7C and contain multiple parcels with at least one parcel less than 0.5 acres which will be merged to facilitate affordable housing may request that lot merger fees be waived. Unless the lot merger involves unique situations that involve an agency or easement party other than the city or a utility company, the city shall grant the lot merger fee waiver request.

(Ord. No. 2999)

SEC. 16-420G. DENSITY OF UNITS.

(A) Maximum density - The allowable density of units per acre for the -AHP and -AHD additive zones is up to 30 units per acre.

(B) Density bonus applications - Affordable housing additive zone sites are eligible for the state density bonus if the developer files a density bonus permit request under Division 7A of Article V of Chapter 16 (commencing with Section 16-410A).

(C) Accessory dwelling unit application - Affordable housing additive zone sites are eligible for the accessory dwelling units if the developer files an accessory dwelling unit permit request under Division 13 of Article V of Chapter 16 (commencing with section 16-465).

(D) Subdivisions - Affordable housing developments permitted under this Division 7C may be subdivided in a manner that portions of the development may exceed the designated housing density or have a different compatible use, so long as the overall applicable density is achieved.

(Ord. No. 2999)

SEC. 16-420H. DEVELOPMENT STANDARDS.

(A) Residential development in the -AHP and -AHP additive zones are subject to the R-4 High Rise Residential development standards (City Code Sections 16-70 to 16-79), the attached dwelling unit development standards (City Code sections 16-360 to 16-363), the off-street parking requirements (Article X of Chapter 16 of the City Code), and standards for all zones (Article IV of Chapter 16 of the City Code) except as otherwise provided under this Division 7C and Division 7A Density Bonus.

(B) Maximum building heights for residential development in the -AHP and -AHP additive zones of five stories shall be permitted but shall not exceed 56 feet. Ground floors shall have a minimum plate height of 12 feet and shall not exceed 16 feet.

(C) Buildings within the C-2 zone having commercial and or office uses on the lower floor and residential uses on the upper floor or floors shall comply with the front, side and rear yard regulations of the underlying zone for commercial and or office floors and the R-4 zone for the residential floors.

(D) Buildings within the BRP zone shall comply with the front, side, rear, and street side yard setbacks of the BRP zone.

(E) Adjustment to development standards - housing developments that include 100% of units affordable to extremely-low income, very-low income, or low income households, exclusive of managers units, are eligible for adjustment to numerical development standards by plus or minus 10%, as determined necessary by the review authority, to ensure requested densities up to the maximum allowed for the subject site, and to ensure quality development is achieved for 100% affordable housing developments. The 10% modification is to be applied to the underlying three-dimensional development standards (and not density) and is in addition to requested density bonus provisions. The city may deny the requested adjustment if the adjustment would cause the development to have a specific, adverse impact, as defined in Cal. Gov't Code, Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, or would be contrary to state or federal law.

(Ord. No. 2999)

SEC. 16-420I. DESIGN STANDARDS.

Housing developments permitted under this Division 7C shall incorporate the following objective design standards and include on-site amenities appropriate for the resident population to be served:

(A) Neighborhood compatibility.

(2) Duplexes, triplexes, and fourplexes abutting or across the street from a single-family neighborhood shall include individual front doors and interior stairs (when stairs are needed).

(3) When determined necessary by a noise assessment, sound walls shall include an earth berm and landscaping. Walls between buildings shall be extended to create pockets of protected common space avoiding long continuous walls for the entire length of a development site.

(B) Building design.

(1) Buildings shall orient towards the street or internal courtyard.

(2) Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.

(3) Architectural articulation shall be provided on all four sides of a building-Architectural articulation rhythms shall be followed based upon dimensions found in existing developments immediately adjacent to the site being developed.

(4) Exterior siding shall be made of nonreflective and nonmetallic materials. Acceptable siding material includes wood, stucco, ceramic tile, brick, stone, or other masonry materials, or any combination of these materials.

(5) Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

(6) Blank walls (facades without doors, windows, landscaping treatments) shall be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

(7) Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change or color change between the first floor and upper floors when in alignment with a change in architectural fenestration or facade articulation. The change in material or color shall occur along at least 75% of the building facade with frontage upon a street, adjacent public park or public open space.

(8) The primary street and the side street frontages, up to 75 feet from the primary street front property line, of on-grade parking podiums and parking structures shall be lined with occupiable, usable space with a minimum depth of 18 feet. Non-lined portions of above-grade garages (rear of lots along side streets) must be set back at least five feet. The setback area should contain landscaping of the same quality as elsewhere on the property.

(9) Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from the wall plane by a minimum of three inches.

(10) At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.

(11) Building facades shall be multi-colored. Each facade must contain not less than two but not more than five distinct colors. Extremely bright colors are only allowed on doors, window trim, or other building components that represent a small portion of the overall building facade. Materials, finishes, fixtures, and colors visible from the street shall be designed in a manner that is consistent with the architectural style of the building

(1) A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each proposed building.

(2) A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.

(3) Buildings over three stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.

(4) Buildings shall have minor massing breaks at least every 50 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.

(5) Rooflines shall be vertically articulated at least every 50 feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height and/or form.

(6) Within 20 feet of an R-1 District boundary, the maximum building height is 35 feet. From this point, the building height may be increased to a ground level of up to 16 feet to allow for podium parking and four additional stories of ten feet each with a combined maximum height of 56 feet.

(D) Site design.

(1) When dwelling units are abutting common open space areas and parks, a minimum of one window from each dwelling shall be located to overlook common area and parks.

(2) Garages and carports shall be designed to include a minimum of two of the following from the main building(s): materials, detailing, roof materials, and colors.

(3) Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

(6) Within commercial zones all housing developments must have direct interaction with the public right-of-way. When ground floor residential units are proposed, the residential units which front the public right-of-way shall locate kitchens and other living spaces (but not bedrooms) to front on the public right-of-way. These residential units may have covered patios and decks which can be constructed within the front yard setback within five feet of the property line provided the patios or decks have steps and or gates which lead directly to the public right-of-way. Second and third floor residential units are encouraged to place kitchens and other living spaces (but not bedrooms) to overlook the public right-of-way. These residential units may have decks and or balconies which encroach up to ten feet into the front yard back.

(7) Surface parking spaces may be open or covered. All surface parking shall be screened from street views by buildings, walls (36 to 48 inches tall), landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes must be no less than five feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater).

(8) Frontage improvements consistent with public works plates. The frontage improvements shall be designed to connect with and transition into adjacent existing frontage improvements.

(9) Common use site areas shall include refuse collection, mail distribution, laundry, recreation, and congregation. All such areas shall be connected with an accessible route.

(10) All secured mail and parcel distribution areas shall be well lit, secure, and shall remain open to the tenants at all times.

(E) Accessory elements.

(1) Perimeter fencing utilized along a public street shall be constructed of decorative iron, pre-painted welded steel, CMU block, or wood picket material.

(2) The height of solid fencing between private yards and common open spaces shall be limited to four and one-half feet in height. If a six-foot fence is desired, the top 18 inches shall allow for vision in and out of the yard.

(3) All roof top, wall mounted or ground mounted equipment must be screened. Rooftop screening must use the materials and colors from the building and be architecturally integrated.

(4) All exterior storage facilities shall be screened from the public right-of-way, within an enclosure with walls at least six feet in height.

(5) All wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers shall be located in the least prominent locations onsite as allowed by the utilities, and all equipment shall be camouflaged using building materials and colors and or landscaping included within the project design.

(6) Refuse enclosures.

(a) All refuse enclosures shall be designed to comply with the city material management And enclosure design guidelines.

(b) Shield all dumpsters within an enclosure a minimum of six feet tall with a solid roof. Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates shall be detailed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.

(d) Provide lighting at trash enclosures for night time security and use.

(e) Locate dumpster enclosures so that no dwelling is closer than 20 feet (including those on abutting properties), or more than 150 feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

(Ord. No. 2999)

SEC. 16-420J. SPECIAL DEVELOPMENT REQUIREMENTS.

For developments located within or adjacent to any industrial or commercial zoned property the following Compatibility standards shall apply to ensure the compatibility of uses within a residential or mixed-use development:

(A) Compatibility with surrounding uses. The overlay environment is an urbanized area, therefore land use compatibility issues are expected to occur. Therefore, applicants for multifamily or mixed-use development shall submit data as determined by the Director to evaluate compatibility with surrounding uses with respect to issues including, but limited to the following:

(1) Noise.

(2) Odors.

(3) Truck traffic and deliveries.

(4) Hazardous materials handling/storage.

(5) Air emissions.

(6) Soil/groundwater contamination.

(7) Complete sidewalk circulation systems and bus stops.

(B) Residential disclosures - All applications for multifamily or mixed-use shall include a condition of approval for disclosure to residents clearly outlining the issues associated with living in a mixed-use environment. The language for this disclosure shall be as specified by the Director. Copies of each signed disclosure shall be made available for review upon written request by the city.

(C) Applicants for new multifamily or mixed-use developments within 500 feet of US 101 or industrially zoned property shall be required to install high efficiency minimum efficiency reporting value (MERV) filters of MERV 14 or better in the intake of residential ventilation systems. Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through the MERV 14 filter. To ensure long-term maintenance and replacement of the MERV 14 filters in the individual units, the following shall occur:

(1) The developer, sale, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk from US 101 and industrial zones for all affected units, per Item (3) below of this section.

(2) For rental units within 500 feet of the US 101 or any industrially zoned property, the owner/property manager shall maintain and replace MERV 14 filters in accordance with the manufacturer's recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates from US 101 and industrially zoned properties when windows are open.

(3) For residential owned units within 500 feet of US 101 or an industrially zoned property, the homeowners' association (HOA) shall incorporate requirements for long-term maintenance in the covenant conditions and restrictions and inform homeowners of their responsibility to maintain the MERV 14 filter in accordance with the manufacturer's recommendations. The HOA shall inform homeowners' of increased risk of exposure to diesel particulates from US 101 when windows are open.

(D) For all multifamily or mixed-use developments located within the distances to industrial uses as outlined below the applicant shall submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment (OEHHA), California Office of Emergency Services (PES), Certified Unified Program Agency (CUPA) and Ventura County, Air Pollution Control District (APCD) to the Director. The HRA shall be reviewed and approved by the city and qualified experts approved by the city following APCD or California Air Pollution Control Officers Association (CAPCOA) guidelines prior to approval of any future residential or residential mixed use development, and HRA recommendations shall be incorporated into the development.

(1) One thousand feet from the truck bays of an existing distribution center that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units, or where transport refrigeration unit operations exceed 300 hours per week.

(2) One thousand feet from industrial facility which emits toxic air contaminants (TACs) identified by the following sources:

(a) CARB Toxic Emission Inventory.

(b) EPA Toxic Release Inventory.

(d) EPA List of Air Toxics.

(e) Ventura County APCD Air Toxic Annual Report or Similar APCD List

(E) (1) For all multifamily or mixed-use developments located within 1,000 feet of an industrial facility that emits substantial odors, which includes, but is not limited to:

(a) Wastewater treatment plants.

(b) Composting, greenwaste, or recycling facilities.

(d) Painting/coating operations.

(e) Coffee roasters.

(f) Food processing facilities.

(2) The applicant shall submit an odor assessment to the Director prior to approval of any future discretionary action that verifies that the Ventura County Air Pollution Control District has not received three or more verified odor complaints. If the odor assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate the best available control technologies for toxics (T-BACTs) which are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, installation of minimum efficiency reporting value (MERV) filters rated at 14 or better at all residential units. All T-BACTs shall be incorporated into the development.

(F) Noise standards.

(1) Individual developments that involve vibration-intensive construction activities, such as pile drivers, jack hammers, and vibratory rollers, occurring near sensitive-receptors shall be evaluated for potential vibration impacts. Developments are required to implement construction techniques which result in construction-related vibration that is less than the Federal Transit Administration vibration-annoyance criteria of 78 VdB during the daytime (7:00 a.m.-10:00 p.m.) and not allowed during the nighttime (10:01 p.m.- 6:59 a.m.).

(2) The applicant shall submit evidence to the satisfaction of the Director that all units with patios and/or balconies meet the 65 dBA CNEL.

(G) Hazardous materials standards. Individual development sites may have existing facilities, such as transformers or clarifiers, to be demolished as part of a proposed development. To mitigate hazardous materials-related impacts during the removal of such facilities, the Director, in conjunction with the Oxnard Fire Department, shall include specific development conditions of approval as part of the discretionary review process for the proposed development.

(H) Public safety standards.

(1) Plans submitted for review of residential development shall include the following safety features:

(a) Recreation areas shall be located adjacent to residential uses whenever possible. These areas shall be visible to residents from within their dwellings to allow for "eves on the street" proper visual surveillance. Placement of windows, landscaping, lighting, and recreation uses shall be coordinated to enhance resident surveillance opportunity, but not to detract from the recreational use.

(b) General utilization of the concepts of crime prevention through environmental design (CPTED) in the planning and development stages.

(2) The inclusion of the following items shall be verified by the public safety department prior to issuance of the first building permit for a residential unit.

(a) Development of a security plan for multifamily or mixed-use developments that includes:

1. Management contact for public safety issues available 24-hours a day;

2. Cameras for monitoring and recording vehicles and persons entering the site;

3. Access control systems to control passage into common areas;

4. Secure postal and parcel delivery;

5. Quick removal of graffiti; and

6. Enforcement of restricted parking spaces.

(b) Preparation of a standardized, high density, "wayfinding" sign program to aid emergency responders in finding individual residential units guickly and easily.

(c) A Click2Enter radio freguency access system shall be installed at any vehicle and pedestrian access point controlled by privacy gates.

(d) Security. Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses. Nonresidential and residential uses shall not have common entrance hallways or common balconies. These separations shall be shown on the development plan and the separations shall be permanently maintained.

(e) Windows. Residential windows of buildings directly adjacent to industrial uses shall generally be directed away from loading areas and docks, unless view-restricting architectural elements are utilized.

(Ord. No. 2999)

SEC. 16-420K. INTERPRETATION OF THIS DIVISION 7C.

(A) No effect on other sites. Nothing in this Division 7C prevents all or partially affordable housing developments being developed on non-AHP and -AHD zoned sites pursuant to the applicable 2030 general plan and zoning designations, density bonus permit process, development standards, CEQA review, and applicable permitting procedures.

(B) Development standards. Nothing in this Division 7C shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined by Cal. Gov't Code, Section 65589.5(d)(2), upon health, safety, the physical environment, or any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(C) Design. Nothing in this Division 7C shall be interpreted as authorizing or encouraging the development of affordable housing with lower quality design compared with market-rate projects. Affordable developments are held to the same building codes, landscape requirements, and exterior architectural standards as comparable and contemporaneous market-rate developments.

(Ord. No. 2999)

SEC. 16-420L. FINDINGS.

In addition to the findings required by the site plan review permit or special use permit, and any other applicable findings required under this chapter, the review authority must make the following findings for any developments approved pursuant to this Division 7C:

(A) Community-level environmental review as defined in the California Public Resources Code, Section 21159.20, has been adopted or certified, and the development consistent with the project evaluated in the environmental document, or the development is otherwise exempt from the California Environmental Quality Act.

(B) The development and other projects approved prior to the approval of the development can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees.

(C) The development does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code.

(D) The development site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties.

(E) The development site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency.

(F) The development is not located on a site that is any of the following:

(1) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

(2) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW2 (June 21. 1993).

(3) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(4) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(5) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(6) Within a floodplain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(7) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

(8) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(9) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(10) Lands under conservation easement.

(G) The development is not located on a site where any of the following apply: The development would reguire the demolition of the following types of housing:

(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

(2) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

(Ord. No. 2999)

SEC. 16-425. PURPOSE.

The purpose of this division is to adopt methods and procedures for processing applications to convert apartments to condominium units, some of which are set aside for moderate, low or lower income households, as set out in Cal. Gov’t Code, Section 65915.5 (“the statute”).

(`64 Code, Sec. 36-7.15.1) (Ord. No. 2505, 2789)

SEC. 16-426. CONDOMINIUM DENSITY BONUS OR OTHER INCENTIVES.

When an applicant for approval to convert apartments to condominium units agrees to provide the percentage of units for moderate, low or lower income persons, families and households set out in the statute and agrees to pay the reasonably necessary administrative costs incurred by the city, the actions and procedures set out in sections 16-428 through 16-435 shall apply. The applicant shall apply for and obtain a density bonus permit in order to be granted a density bonus or other incentives in accordance with the statute.

(`64 Code, Sec. 36-7.15.2) (Ord. No. 2505, 2789)

SEC. 16-427. DEFINITIONS.

(A) AFFORDABLE UNITS - Units set aside for moderate, low or lower income households in accordance with the statute.

(B) DENSITY BONUS - An increase in unity to 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

(C) Terms used in this division that are also used in the statute shall have the meaning in this division that such terms have in the statute. If there is any inconsistency between this division and the statute, this division shall be construed in a manner consistent with the statute.

(`64 Code, Sec. 36-7.15.3) (Ord. No. 2505, 2789)

SEC. 16-428. FEES.

(A) A preliminary proposal, referred to in section 16-429, and an application for a condominium density bonus permit, referred to in section 16-430, shall be accompanied by the fee set by resolution of the city council. City staff shall not act on a preliminary proposal or an application that is not accompanied by the fee.

(B) If a preliminary proposal or an application for a condominium density bonus permit requires an unusual amount or specialized type of study or evaluation by city staff, a consultant or legal counsel, city staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before city staff responds to the preliminary proposal or the city council decides the application, city staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

(`64 Code, Sec. 36-7.15.4) (Ord. No. 2505, 2789)

SEC. 16-429. PRELIMINARY PROPOSAL.

(A) If a developer submits a preliminary proposal for the conversion of apartments to condominiums pursuant to the statute before submitting any formal requests for subdivision map approvals, city staff shall, within 90 days of receiving the proposal, notify the developer in writing that the city will apply the procedures set out in this division in order to comply with the statute.

(`64 Code, Sec. 36-7.15.5) (Ord. No. 2505, 2789)

SEC. 16-430. APPLICATION FOR CONDOMINIUM DENSITY BONUS PERMIT.

An application for a condominium density bonus permit shall include the following information, whether or not the project also requires or has been granted any other approvals or permits, including the special use permit required by section 16-381:

(A) A description of the project, including the number of condominium units, the number of affordable units, and the location of the affordable units;

(B) Whether the developer prefers that the city grant a density bonus or provide other incentives of equivalent financial value and if the latter, a description of such incentives, their financial value, and the basis for calculating that value;

(D) The proposed method to guarantee that the applicant will establish the sales or rental prices as stated in the proposal;

(E) The proposed method and length of time of ensuring for a specified number of years the continued affordability of the affordable units to subsequent purchasers who are persons and families of low and moderate income or lower income households; and

(F) Other relevant information requested by city staff.

(`64 Code, Sec. 36-7.15.6) (Ord. No. 2505, 2789)

SEC. 16-431. SUPPLEMENTING APPLICATION.

City staff may require the applicant to clarify, amplify, correct or otherwise supplement the application.

(`64 Code, Sec. 36-7.15.8) (Ord. No. 2505, 2789)

SEC. 16-432. PROJECT DESIGN.

The applicant shall design the project so that the affordable units are dispersed throughout the project, have a number of bedrooms proportionate to the number of bedrooms in other units in the project, and do not differ in appearance, size and amenities from other units in the project; provided, however, that the interior appearance and amenities of the affordable units may differ from other units in the project as an incentive for the project, as specified by the city council in the resolution granting the condominium density bonus permit.

(`64 Code, Sec. 36-7.15.9) (Ord. No. 2505, 2789)

SEC. 16-433. STAFF RECOMMENDATION.

After city staff deems the application to be complete, city staff shall make a recommendation to the planning commission concerning the density bonus or incentives of equivalent financial value.

(`64 Code, Sec. 36-7.15.10) (Ord. No. 2505, 2789)

SEC. 16-434. PROCEDURE TO DECIDE APPLICATION.

(A) The secretary of the planning commission shall give notice as provided in Cal. Gov't Code, Section 65091 of the planning commission's public hearing on the application for a condominium density bonus permit. At the same time, the secretary shall also give the applicant written notice of the date, time and place of the hearing.

(B) The planning commission shall hold a public hearing on the application for a condominium density bonus permit. The planning commission may continue the public hearing. Not more than 30 days after the close of the public hearing, the commission shall adopt a resolution recommending to the city council that the application be approved or denied, and stating any conditions to approval of the application.

(C) If the planning commission recommends approval of a condominium density bonus permit, the commission may recommend a density bonus or incentives the same as or different from those requested by the applicant or recommended by city staff.

(D) Before recommending approval of a condominium density bonus permit, the applicant must show and the planning commission must make all of the following findings regarding the project and the proposed density bonus or other incentives recommended for approval:

(1) The project meets the criteria set out in the statute.

(2) The density bonus or incentives will not adversely affect or be materially detrimental to uses or property adjacent to the subject property or to the public health, safety or welfare.

(3) The subject property is adequate in size and shape and served by adequate infrastructure to accommodate the density bonus or incentives.

(4) If one or more incentives are recommended instead of a density bonus, such incentive or incentives are of equivalent financial value to a density bonus.

(5) The applicant has proposed a satisfactory method to guarantee that the sales or rental prices will be established as stated in the application.

(6) The applicant has agreed to a satisfactory method of ensuring for a specified number of years the continued affordability of the affordable units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

(7) The affordable units are dispersed throughout the project, have a number of bedrooms proportionate to the number of bedrooms in other units in the project, and do not differ in appearance, size or amenities from other units in the project, except as specified by the planning commission in accordance with section 16-432.

(E) Within 30 days of the date that the planning commission renders its decision, the city council shall hold a public hearing on the application and shall consider the commission's recommendation, which the city council may affirm, deny or modify. The city clerk shall give notice of the hearing as provided in Cal. Gov't Code, Section 65091. At the same time, the city clerk shall also give the applicant written notice of the date, time and place of the hearing. The city council may continue the public hearing.

(F) Within 30 days of the close of the public hearing, the city council shall adopt a resolution approving or denying the application for a condominium density bonus permit. If the city council approves a condominium density bonus permit, the city council may approve a density bonus or incentives the same as or different from those requested by the applicant or recommended by the commission.

(G) If the city council approves a condominium density bonus permit, the resolution shall include the finds set out in subsection (D)(1) through (7) of this section and shall state any conditions on which the permit is approved.

(`64 Code, Sec. 36-7.15.11) (Ord. No. 2505, 2789)

SEC. 16-435. CONTINUED AFFORDABILITY.

No condominium density bonus permit shall be granted unless the developer agrees to a satisfactory method of ensuring for a specified number of years the continued affordability of the affordable units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

(`64 Code, Sec. 36-7.15.12) (Ord. No. 2505, 2789)

SEC. 16-441. INTENT AND PURPOSE.

Single-room occupancy (SRO) units can provide a valuable form of affordable private housing for individuals and can serve as an entry point into the housing market for extremely low-income populations, including formerly homeless persons seniors and those with disabilities. The purpose of this section is to establish development and operational standards for single-room occupancy units.

(Ord. No. 3037)

SEC. 16-441.1 APPLICABILITY.

The standards contained in this section shall apply to all SRO units where allowed by the zoning classification for a property. Development that is made up of all SRO units with exception of a manager's unit, is not subject to the attached dwelling unit development standards in Section 16-361 of this chapter but shall be subject to the attached dwelling unit design standards in Section 16-362.

(Ord. No. 3037)

SEC. 16-441.2 DEFINITIONS.

(A) AFFORDABLE RENT - The definition set forth in Cal. Health and Safety Code, Section 50053(b) inclusive of reasonable utility allowance, as defined in Cal. Health and Safety Code 50053(b)(3) for lower income households whose household income is not greater than 80% of the Ventura County Area Median Income (AMI) adjusted for family size as defined in Cal. Health and Safety Code Section 50079.5 and revised annually.

(B) LOWER INCOME HOUSEHOLDS - Includes acutely low-income households, extremely lower income households, very low-income households and low-income households whose gross incomes are 80% or less of the area median income for the Ventura County Metropolitan Statistical Area, adjusted for family size and revised annually, pursuant to Cal. Health and Safety Code Section 50079.5 and 50105, as may be amended.

(C) SINGLE-ROOM OCCUPANCY (SRO) - A residential facility containing six or more housing units where each housing unit is made up of a single room that may have individual or shared kitchen and/or bathroom facilities and are often furnished. Each housing unit is offered on a monthly rental basis or longer.

(Ord. No. 3037)

SEC. 16-441.3 DEVELOPMENT AND OPERATION STANDARDS.

(A) Occupancy. An SRO unit shall be occupied by not more than two people. Occupancy of single-room occupancy units may be restricted to seniors or be available to persons of all ages.

(B) Tenancy. Tenancy of SRO units shall be offered for a minimum of 30 days or longer.

(C) On-site management. An SRO facility with 16 or more units shall have an onsite manager. An SRO facility with less than 16 units shall provide a management office either on-site or off-site. The manager shall be accessible to residents law enforcement personnel, and any other individuals who need to establish communication upon or about the premises. The manager also shall have the authority to exercise control over the premises to ensure that the use of the premises does not result in littering, nuisance activities, noise, or other activities that adversely impact surrounding properties. Cleaning services shall be provided for common areas, common bathrooms, community kitchen, laundry facilities, and common hallways.

(D) Management plan. A management plan shall be submitted with the required special use permit application for an SRO facility and shall be approved by the Planning Commission, or City Council upon appeal. The management plan must address management and operation of the facility rental procedures, safety and security of residents and building maintenance.

(E) Minimum size. An SRO unit shall be at least 150 square feet in floor area, excluding closet and restroom areas. No individual unit may exceed 400 square feet, except for the manager's unit(s).

(F) Density. SRO residential density shall be subject to the density standards permitted in the underlying zone.

(G) Entrances. All single-room occupancy units shall be independently accessible from a single main entry, excluding emergency and other service support exits.

(H) Cooking facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual single-room occupancy units, each unit shall have a sink with hot and cold water, a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements, and a refrigerator.

(I) Restroom facilities. An SRO unit may contain partial or full restroom facilities. A partial restroom facility shall have at least a toilet and sink. A full restroom facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided in each SRO unit, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor and one full bathroom per four units.

(J) Closet. Each SRO unit shall have a separate enclosed all-weather closet. The closet shall be at least 120 cubic feet with a minimum four-foot horizontal dimension along one plane.

(K) Common interior area. Four square feet of usable common interior space per housing unit shall be provided, excluding janitorial storage, laundry facilities, common hallways and storage (including bicycle storage). At least 200 square feet of common interior space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

(L) Laundry facilities. When laundry facilities are not provided within the units, laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every ten units with at least one washer and one dryer per floor.

(M) Parking. Except for projects that allow only senior citizens as defined in Cal. Civil Code, Section 51.3. Off-street parking shall be provided pursuant to the SRO parking requirement identified under Section 16-622 of this chapter.

(N) Affordability. All housing units shall be rented at an affordable rent to very low-income households, except for a manager's unit.

(O) Existing structures. An existing structure may be converted to an SRO facility, consistent with the provisions of this section and California Building Code for congregate residences.

(Ord. No. 3037)

SEC. 16-445. SPECIAL USE PERMIT REQUIRED.

(A) A planned residential group may be approved by issuance of a special use permit in accordance with sections 16-530 to 16-553.

(B) A special use permit for a planned residential group may vary the density, area, yards, height, parking and fencing requirements of the zone when such action is in accordance with the basic principles and intent of this chapter and the commission finds and determines that:

(1) A substantial improvement of the use of the land will be thereby effected, and there will not be any detrimental effect upon the surrounding area;

(2) The residential use proposed is permitted within the zone;

(3) Building will substantially conform with plot plans and elevations submitted in support of the special use permit; and

(4) The applicant has demonstrated that population densities proposed are in conformance with existing and proposed public facilities, such as streets, sewers, water, schools and parks.

(`64 Code, Sec. 34-112.1) (Ord. No. 1046)

SEC. 16-446. SENIOR AND/OR SENIOR ASSISTED LIVING RESIDENTIAL FACILITIES.

(A) A senior and/or senior assisted living residential facility may be approved as a planned residential group by issuance of a special use permit in accordance with sections 16-530 to 16-553 of this code. Notwithstanding the foregoing, the requirements of section 16-531 shall not apply to a special use permit for a senior and/or senior assisted living residential facility.

(B) In addition to the requirements of sections 16-530 to 16-553, an applicant for a senior and/or senior assisted living residential facility shall evaluate parking, including resident, guest, employee and shuttle parking, through a parking study. The parking study shall be based on intended population level of assistance, project location and proximity to public transportation and services for senior citizens. The applicant shall prepare and submit the parking study for review and approval by the city traffic engineer. Once the city traffic engineer approves the traffic study, said study shall be submitted with any special use permit submitted pursuant to this section to the planning commission for review and approval.

(C) The planning commission may grant a special use permit pursuant the requirements of this section and sections 16-530 to 16-553 of this code for a senior and/or senior assisted living residential facility planned residential group to permit departures from the development standards of the zone in which the use is located and to permit departures from the attached dwelling unit development standards when such action is in accordance with the basic principles and intent of this chapter and the planning commission finds and determines all of the following:

(1) The residential use proposed is permitted within the zone and is in conformance with the general plan;

(2) Through project design features and conditions, the residential use will not adversely affect or be materially detrimental to adjacent uses, buildings or structures or to the public health, safety or general welfare;

(3) The site that is subject to the special use permit is adequately served by sufficient parking as demonstrated in the submitted parking study;

(4) The site that is subject to the special use permit will be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic such use will generate; and

(5) The applicant has demonstrated that the proposed population densities can be accommodated by existing and future public facilities, services and infrastructure such as sewerage, water, fire protection and storm drainage facilities.

(Ord. No. 2896)

SEC. 16-450. INTENT AND PURPOSE.

The intent of this section is:

(A) To encourage, within the density standards of the general plan and zoning ordinance, the development of a more desirable living environment by application of site planning techniques and building groupings or arrangements that are not otherwise permitted through strict application of the zoning ordinance;

(B) To encourage the preservation of more open space for visual enjoyment and recreational use;

(D) To encourage variety in the physical development patterns of the city; and

(E) To encourage a variety of housing and ownership types to satisfy the full range of housing needs.

(`64 Code, Sec. 36-7.13.1) (Ord. No. 2132)

SEC. 16-451. APPLICABILITY.

This division may be applied to any residentially zoned property, provided the commission makes the findings specified herein.

(`64 Code, Sec. 36-7.13.2) (Ord. No. 2132)

SEC. 16-452. USES PERMITTED.

This division does not allow any uses other than those uses permitted or conditionally permitted in the zone.

(`64 Code, Sec. 36-7.13.3) (Ord. No. 2132)

SEC. 16-453. DEVELOPMENT STANDARDS.

Any project developed pursuant to this division shall comply with the following regulations and any permit issued for such a project shall incorporate the following regulations as conditions of approval:

(A) Maximum dwelling unit density -

(1) The dwelling unit density shall not exceed the number of units determined by dividing the total net area of the project by the minimum lot area requirements of the respective zone.

(2) Fractions shall be disregarded in determining the permitted numbers of units.

(B) Minimum area and dimensions of lots - The area, width, and depth of individually owned parcels of land within the project shall be established by site plan approval. The commission shall consider the following circumstances before approving the project:

(1) Topography of the land;

(2) The ground area covered by dwellings and accessory structures;

(3) Location of common space and its relationship to the dwellings to be served; and

(4) Aesthetic relationships between individual dwellings and open spaces.

(`64 Code, Sec. 36-7.13.4) (Ord. No. 2132)

SEC. 16-454. YARDS AND SETBACKS.

Front, side and rear yards and setbacks shall be established by site plan approval. Building and roof lines shall be indicated on the site plan map.

(`64 Code, Sec. 36-7.13.5) (Ord. No. 2132)

SEC. 16-455. DISTANCE BETWEEN BUILDINGS.

The distance between any two buildings within the project shall be established as a condition of approval, but shall not be less than the height of the taller of the two buildings.

(`64 Code, Sec. 36-7.13.6) (Ord. No. 2132)

SEC. 16-456. MAXIMUM BUILDING HEIGHT.

The maximum building height permitted in the respective zone shall apply.

(`64 Code, Sec. 36-7.13.7) (Ord. No. 2132)

SEC. 16-457. REQUIRED OFF-STREET PARKING.

(A) The number of required parking spaces shall conform to provisions of this chapter.

(B) The location and arrangement of parking shall be subject to review by the commission.

(`64 Code, Sec. 36-7.13.8) (Ord. No. 2132)

SEC. 16-458. WALLS, FENCES, AND LANDSCAPING.

(A) The commission shall require appropriate walls, fencing and landscaping around the perimeter of the project in conformance with the provisions of this chapter. Walls and fences shall be shown on the site plan.

(B) The commission shall consider a landscaping plan for all common open areas. Landscaping shall comply with the provisions of this chapter.

(`64 Code, Sec. 36-7.13.9) (Ord. No. 2132)

SEC. 16-459. SIGNS.

The sign provisions for the zone in which the project is located shall apply.

(`64 Code, Sec. 36-7.13.10) (Ord. No. 2132)

SEC. 16-465. PURPOSE AND FINDINGS.

(A) Accessory dwelling units (also known as "second units," "granny flats," "in-law suites," "tiny homes" and/or "cottages") are small residential units on a permanent foundation located within, attached to, or detached and adjacent to the primary single-family unit or multifamily structure, and can provide an important source of affordable housing.

(B) Accessory dwelling units, when appropriately sized and located, have little impact on neighborhood quality of life.

(C) Establishing reasonable regulations of accessory dwelling units is an appropriate mechanism to properly balance the need for additional affordable housing with the need to maintain existing community character and neighborhood quality of life.

(D) Accessory dwelling units may be referred to as efficiency, studio, or single, and be of any room count and configuration allowed by applicable development standards and building codes. A junior accessory dwelling unit is established by Cal. Gov’t Code Section 65852.22 and is considered a separate use under the provisions of section 16-467.2.

(E) For purposes of these regulations, references to "director" shall mean the community development director.

(Ord. No. 2914, 2925, 2959, 2984)

SEC. 16-465.1. TYPES OF ACCESSORY DWELLING UNITS.

An accessory dwelling unit is classified as one of the following nine types:

(A) Type 1: New detached accessory dwelling unit-only structure with or without garage. Purpose and intent: Development of an accessory dwelling unit in a new structure fully separate from the existing or proposed primary dwelling unit involving no conversion of existing structures or attachments to the existing structures. All construction is to occur on the same legal parcel as the existing or proposed primary dwelling unit.

(B) Type 2A: Conversion of an existing detached legal accessory structure to an accessory dwelling unit. Purpose and intent: Conversion of an existing detached garage or accessory structure to an accessory dwelling unit with no changes to or attachment to the primary dwelling unit. All construction is to occur on the same legal parcel as the existing primary dwelling unit.

(C) Type 2B: Conversion of a primary dwelling unit's attached garage to an accessory dwelling unit. Purpose and intent: Conversion of only the primary dwelling unit's attached garage to an accessory dwelling unit with no conversion of the primary dwelling unit area or attachment to the primary dwelling unit. All construction is to occur on the same legal parcel as the existing primary dwelling unit.

(D) Type 2C: Conversion of existing non-residential structure to a primary dwelling unit with an accessory dwelling unit. Purpose and intent: Conversion of an existing non-residential structure to a primary dwelling unit with an internal or detached accessory dwelling unit. The project could include an addition. All construction is to occur on the same legal parcel as the existing structure.

(E) Type 3: Accessory dwelling unit attached to an existing primary dwelling unit. Purpose and intent: New construction of an accessory dwelling unit attached to the existing primary dwelling unit with no conversion of the primary dwelling unit interior living area. All construction is to occur on the same legal parcel as the existing primary dwelling unit.

(F) Type 4: Accessory dwelling unit fully within an existing primary dwelling unit. Purpose and intent: Conversion of only the existing primary dwelling unit habitable areas to create an accessory dwelling unit involving no attachment or conversion of attached or detached garage(s). All construction is to occur on the same legal parcel as the existing primary dwelling unit.

(G) Type 5: Junior accessory dwelling unit. Purpose and intent: Conversion of existing primary dwelling unit habitable area (i.e. bedroom) to a small junior accessory dwelling unit. All construction is to occur on the same legal parcel as the existing primary dwelling unit.

(H) Type 6: Conversion of multifamily non-habitable areas. Purpose and intent: Conversion only of existing multi-family structure non-habitable areas (i.e. passageways, attics, and/or garages) to one or more accessory dwelling units, and allows not more than two detached accessory dwelling units, with the total accessory dwelling units not to exceed 25% of the existing number of multi-family units in the structure within the same project area. Junior accessory dwelling units are not allowed in multi-family structures.

(I) Type 7: Mixed accessory dwelling unit types 1 to 4. Purpose and intent: Development of an accessory dwelling unit that is a mix of types 1, 2A, 2B, 2C, 3, and/or 4 with an existing or proposed primary dwelling unit on one legal parcel. A junior accessory dwelling unit is allowed as a separate type 5 application.

(Ord. No. 2984)

SEC. 16-466. MINISTERIAL CONSIDERATIONS.

(A) Types 1, 2A, 2B, 3, 4, 5, 6 and 7 - If the director receives an application to construct an accessory dwelling unit or junior accessory dwelling unit and the proposal meets all of the requirements of the city code, then within 60 days of the director receiving an application for the accessory dwelling unit or junior accessory dwelling unit, the director shall ministerially approve the application without a hearing.

(B) Type 2C and 7 - If the director receives an application to convert an existing non- residential structure to a residential use that includes a type 2C accessory dwelling unit, the application shall follow applicable permitting for the conversion of an existing non-residential structure to a residential use, and the application can include an accessory dwelling unit as an allowed use, but the 60-day permit approval period does not commence until the date on which the converted structure has received permit approval by the community development department.

(C) The 60-day statutory permit approval period commences when the accessory dwelling unit or junior accessory dwelling unit application and plans are in the city's possession and deemed complete.

(D) An accessory dwelling unit or junior accessory dwelling unit permit application may be denied ministerially under any one of the following situations:

(1) Plan check corrections remain unaddressed at day 60 and/or plans and/or responses to corrections remain in non-compliance with applicable codes.

(2) Development of the accessory dwelling unit or junior accessory dwelling unit would create a life-safety hazard.

(3) The location of the proposed accessory dwelling unit is within a district designated by the city council as an area where development of accessory dwelling units are not allowed based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.

(E) Historic district or historic landmark designation - Applications for an accessory dwelling unit or junior accessory dwelling unit within a designated historic district or on a parcel with a historic landmark designation by the City of Oxnard, County of Ventura, State of California, and/or U.S. Department of the Interior, or on a property that is within the 2005 Downtown Oxnard Historic Resources Survey area, the application will default to applicable cultural heritage permitting procedures for development in that location, except that the accessory dwelling unit or junior accessory dwelling unit application and use is allowed pursuant to Cal. Gov't Code Section 65852.2. If a junior accessory dwelling unit application indicates no changes to the exterior of a dwelling unit, the cultural heritage permitting procedures may be waived by the director.

(F) An accessory dwelling unit may be proposed and constructed concurrently with construction of an addition to the primary dwelling unit that, by and of itself, meets applicable zoning district development standards for the primary dwelling unit. The minimum and maximum allowed accessory dwelling unit floor areas shall be based on the total size of the primary dwelling unit plus any additions integrated within only the primary dwelling unit habitable area.

(G) An application for an accessory dwelling unit that does not comply with applicable standards (section 16-467) applicable type standards (section 16-467.1,16-467.2, or 16-467.3), and the proposed project does not otherwise meet criteria for a standards variance per chapter 16, article VII, division 5, sections 16-565 to 16-569, inclusive, may request that an accessory dwelling unit application be removed from the statutory-by-right 60-day building permit process and submit an application for a development design review planning permit pursuant to section 16-525 under which the accessory dwelling unit application is not considered ministerial and the 60-day statutory permitting period does not apply.

(H) A nonrefundable fee in the amount set by city council resolution shall be paid upon the filing of an application for an accessory dwelling unit or a junior accessory dwelling unit. Applications may incur additional fees imposed pursuant to this code or other applicable regulations.

(Ord. No. 2914, 2925, 2959, 2984)

SEC. 16-467. GENERAL STANDARDS FOR ALL ACCESSORY DWELLING UNITS.

Except as provided in section 16-469, ("Fire Safety Exception to Setback Requirements for Accessory Dwelling Units") or as stipulated in section 16-467.1, 16-467.2, or 16-467.3, accessory dwelling units shall meet or exceed all of the following standards.

(A) Functional areas - The accessory dwelling unit shall comply with all applicable habitability standards. The accessory dwelling unit shall contain an independent kitchen facility that shall include the following features: (i) sink; (ii) refrigerator of more than five-cubic feet capacity; and (iii) range or cooktop. The accessory dwelling unit shall include a separate bathroom with sink, toilet, and bathing facility; and separate or combined living and sleeping areas.

(B) Foundation - The accessory dwelling unit shall be constructed on a permanent foundation, complying to the California Building Standards Code.

(C) Architecture - An attached or detached accessory dwelling unit shall comply with the architectural standards of section 16-23 and shall be of materials, colors and in a style which are each compatible with the primary residence, or as reasonable as determined by the director.

(D) Public utility connection fees, meters, and capacity upgrades - The accessory dwelling unit shall be served by adequate public utility facilities including, but not limited to, electric, sewer, water and streets, as certified by the public works director.

(1) Accessory dwelling units shall not be considered by a local agency, special district, or water corporation to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.

(2) New utility connection or payment of impact fees shall not be required for an accessory dwelling unit of less than 750 gross square feet.

(3) Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. Impact fees for an ADU of 750 square feet or more on a lot with a multifamily dwelling shall be charged at the adopted multi-family rate appropriate for the construction type. For purposes of this division, impact fee does not include City of Oxnard water or sewer connection fees or capacity charges.

(4) A new utility service meter shall only be required for a type 1 accessory dwelling unit, type 2A if the detached garage is not already connected to the primary residence utility service, or type 2C if a structure is not already connected.

(5) Existing water and wastewater service laterals and/or lines and/or meters may be required to upgrade to a capacity that includes the accessory dwelling unit.

(E) Separate entrances - The accessory dwelling unit shall have one entrance separate from the entrance to the primary dwelling unit. Only one of the entrances may be visible from the front yard of the primary dwelling unit unless the primary dwelling unit and accessory dwelling unit entrances are designed in a manner that maintains the appearance of a single-family dwelling. An entrance leading to a foyer with entrances leading from the foyer to the primary dwelling unit and the accessory dwelling unit is allowed. An accessory dwelling unit shall have one primary entrance similar in design to that of the primary dwelling unit. Secondary exterior access including sliding doors, french doors, and the like, may be provided in accordance with applicable development standards.

(F) Occupancy by owner - For accessory dwelling units permitted between January 1, 2020 and December 31, 2024, the primary residence or the accessory dwelling unit is not required to be occupied by the property owner.

(G) Recorded agreement - Beginning on January 1, 2025, unless otherwise changed by State law, before a certificate of occupancy is issued for the accessory dwelling unit, an agreement affecting real property shall be recorded against the property that imposes specific restrictions on the property including occupancy by owner of the property. The language of the agreement affecting real property shall be approved by the City of Oxnard prior to its recordation.

(H) Not for sale - The accessory dwelling unit shall not be sold or offered for sale separately from the primary dwelling unit, unless specifically allowed by State law.

(I) Rentals - The accessory dwelling unit and/or the primary dwelling unit may be rented. Rental terms shall be 30 days or longer.

(J) Only one accessory dwelling unit - Not more than one accessory dwelling unit may be constructed on any legally existing lot or combinations of lots that are developed as one residential use. A junior accessory dwelling unit may also be allowed pursuant to section 16-467.2.

(K) Sprinklers - Fire sprinklers are required for any accessory dwelling unit if they are required for the primary dwelling unit.

(L) Building code - All building standards code requirements that apply to detached dwellings apply to accessory dwelling units.

(M) Maximum height - Maximum height of the accessory dwelling unit is the greater of the underlying zone designation, the existing height of an existing accessory structure being converted to an accessory dwelling unit, or the height allowed by a permit approving the conversion of a non-residential structure to a residential use and an accessory dwelling unit.

(N) Minimum size - The minimum size of an accessory dwelling unit shall be the same as an efficiency unit consistent with the meaning of Cal. Health & Safety Code Section 17958.1.

(O) Side, rear, and front yard setbacks - All otherwise applicable setback requirements shall apply except:

(1) The minimum required side and rear yard setback for an existing legal structure that encroaches into a required side or rear setback that is to be converted into an accessory dwelling unit shall be equivalent to the existing legal structure's exterior walls that come nearest the property line and coterminous with the length of the encroachment.

(2) The minimum required side and rear yard setback for new development is four feet for an accessory dwelling unit unless a larger setback is required for safety access purposes per section 16-467.

(3) The front yard setback remains that of the underlying zoning on the applicant property.

(P) Development standards that do not apply - The following development standards do not apply to accessory dwelling units and are not to be considered in the application review:

(1) Minimum lot size;

(2) Minimum open space requirement;

(3) Minimum patio/balcony dimensions;

(4) Density and/or floor area ratio; and

(5) Interior yard space standards.

(Ord. No. 2914, 2925, 2959, 2984, 3034)

SEC. 16-467.1. TYPES 1, 2A, 2B, 2C, 3 and 4 STANDARDS.

Except as provided in section 16-469, ("Fire Safety Exception to Setback Requirements for Accessory Dwelling Units"), types 1, 2A, 2B, 2C, 3 and 4 accessory dwelling units shall meet or exceed all of the following standards:

(A) Zoning compliance - Except as otherwise provided herein, the primary dwelling units and the accessory dwelling unit shall meet current applicable requirements for the zone in which the primary dwelling unit and the accessory dwelling unit are located. The accessory dwelling unit shall not be considered when calculating the maximum number of dwelling units permitted by the underlying zone designation.

(B) Residentially zoned - Accessory dwelling units are allowed in the following zones: R-1, R-1-PD, R-1-7-PD, R-10-PD, R-1-8-PD ("Single-Family"); R-2, R-2-PD ("Multiple-Family"); R-3, R-3-PD ("Medium Density Residential"); and R-4 ("Medium-High Residential Density").

(C) Commercial and mixed-use zoned - Accessory dwelling units are allowed in the following zones if the lot is developed with only one legal primary dwelling unit: C-1 ("Neighborhood Shopping Center"); C-2 ("General Commercial"); and DT-E ("Downtown Edge").

(D) Single-family dwelling - There must be an existing legal or proposed single-family dwelling on the lot.

(E) Passageways and patio covers - No passageway, breezeway, or other type of covered passageway that is not fully enclosed and/or conditioned space shall be allowed to connect the primary dwelling unit to a detached accessory dwelling unit. A patio cover attached to an accessory dwelling unit may be approved that complies with the applicable accessory dwelling unit setbacks and required separation from other structures. The patio cover area shall not be counted as part of the accessory dwelling unit floor area.

(F) An ingress/egress addition not to exceed 150 square feet may be attached to a type 2A, 2B, or 4 accessory dwelling unit. The ingress/egress addition must comply with a minimum four-foot side and rear yard setback.

(G) Maximum gross floor area.

(1) Type 1: New detached accessory dwelling unit - only structure with or without garage - the permissible floor area shall not be more than 1,200 gross square feet.

(2) Type 2A: Conversion of an existing detached legal accessory structure to an accessory dwelling unit - maximum permissible floor area shall not be more than 1,200 gross square feet.

(3) Type 2B: Conversion of a primary dwelling unit's attached garage to an accessory dwelling unit - maximum permissible floor area shall not be more than the size of the existing garage.

(4) Type 2C: Conversion of an existing non-residential structure to a primary dwelling unit with an accessory dwelling unit - for a detached accessory dwelling unit the maximum size shall not be more than 1,200 gross square feet. An accessory dwelling unit that is attached to the primary dwelling unit shall not exceed 50% of the size of the primary dwelling unit; except that the maximum size shall not be less than 850 square feet for a one-bedroom or 1,000 square feet for two or more bedroom accessory dwelling unit.

(5) Type 3: Accessory dwelling unit attached to an existing primary dwelling unit - maximum permissible size shall not exceed 50% of the size of the primary unit; except that the maximum size shall not be less than 850 square feet for a one-bedroom or 1,000 square feet for two or more bedroom accessory dwelling unit.

(6) Type 4: Accessory dwelling unit fully within an existing primary dwelling unit - no maximum size except that the accessory dwelling unit shall be the smaller of the two dwelling units and the minimum floor area of both the primary and accessory dwelling units shall be no less than that of an efficiency unit consistent with the meaning of Cal. Health & Safety Code (HSC) 17958.1.

(Ord. No. 2984)

SEC. 16-467.2. TYPE 5 JUNIOR ACCESSORY DWELLING UNIT STANDARDS.

Except as provided in section 16-469, ("Fire Safety Exception to Setback Requirements for Accessory Dwelling Units"), a type 5 junior accessory dwelling units shall meet or exceed all of the following standards:

(A) Zoning compliance - Except as otherwise provided herein, the primary dwelling unit and the junior accessory dwelling unit shall meet current applicable requirements for the zone in which the primary dwelling unit and the junior accessory dwelling unit are located. The junior accessory dwelling unit shall not be considered when calculating the maximum number of dwelling units permitted by the underlying zone designation.

(B) Residentially zoned - Junior accessory dwelling units are allowed in the following zones: R-1, R-1-PD, R-1-7-PD, R-10-PD, R-1-8-PD ("Single-Family"), R-2, R-2-PD ("multiple- family"); R-3, R-3-PD ("Medium Density Residential"); and R-4 ("Medium-High Residential Density").

(C) Commercial and mixed use zoned - Accessory dwelling units are allowed in the following zones if the lot is developed with only one legal primary dwelling unit C-1 ("Neighborhood Shopping Center"), C-2 ("General Commercial"); or DT-E ("Downtown Edge").

(D) Single-family dwelling - There must be an existing legal or proposed primary single- family dwelling on the lot.

(E) Minimum gross floor area - 70 square feet for one person, 220 square feet for two persons consistent with Cal. Health & Safety Code Section 17958.1.

(F) Maximum gross floor area - Permissible floor area shall not be more than 500 gross square feet.

(G) Conversion of habitable space and/or converted attached garage - The junior accessory dwelling unit shall consist only of primary dwelling unit habitable area, such as a bedroom, and/or conversion of all or a portion of an attached garage so that the junior accessory dwelling unit is fully within the existing footprint of the primary dwelling unit and its attached garage, except that an ingress/egress addition not to exceed 150 square feet may be attached to the type 5 junior accessory dwelling unit. The ingress/egress addition must comply with a minimum four-foot side and rear yard setback.

(H) Kitchenette - Minimum requirements are a hot and cold water sink, 4.5-cubic-foot refrigerator, two ground fault circuit interrupter outlets, 8 square feet of counter space, and 5 linear feet of cabinet space.

(I) Bathroom or bathroom access - Full bathroom or continuous access to a full bathroom via a common door to the primary unit that includes sink, toilet, and bathing facility. Bathroom access that requires crossing through an outdoor area is not allowed. A bathroom with a shower-only facility instead of a bathtub complies. Before a certificate of occupancy is issued for the junior accessory dwelling unit, an agreement affecting real property shall be recorded against the property that imposes specific restrictions on the property including bathroom access for the benefit of the junior accessory dwelling unit. The language of the agreement affecting real property shall be approved by the City of Oxnard prior to its recordation.

(J) Outside entrance - The junior accessory dwelling unit shall have one entrance separate from the entrance to the primary dwelling unit. The outside entrance to the junior accessory dwelling unit shall not be visible from the front yard of the primary dwelling unit unless the primary dwelling unit and junior accessory dwelling unit entrances are designed in a manner that maintains the appearance of a single-family dwelling. An entrance leading to a foyer with entrances leading from the foyer to the primary dwelling unit and the junior accessory dwelling unit is allowed. A junior accessory dwelling unit shall have one primary entrance similar in design to that of the primary dwelling unit. Secondary exterior access including sliding doors, french doors, and the like, may be provided in accordance with applicable development standards.

(Ord. No. 2984)

SEC. 16-467.3. TYPE 6 MULTIFAMILY STRUCTURE STANDARDS.

Except as provided in section 16-469, ("Fire Safety Exception to Setback Requirements for Accessory Dwelling Units"), type 6 multi-family accessory dwelling units shall meet or exceed all of the following standards:

(A) Conversion of multi-family non-habitable areas - Existing non-habitable spaces within a multifamily residential structure such as storage, passageway, attics, or garages may be converted to one or more accessory dwelling units.

(B) Detached - No more than two detached accessory dwelling units are allowed in a legal multi-family structure within the same project area and lot that are either converted existing non- habitable space and/or new construction.

(C) Maximum allowed - The sum of accessory dwelling units that are conversions of non- habitable area (A) and/or detached structures (B) shall not exceed 25% of the pre-existing total legal multifamily dwelling units within the same project area and on the lot.

(D) Junior accessory dwelling units are not allowed in multi-family structures.

(E) Residentially zoned - Accessory dwelling units are allowed in legal multifamily structures in the following zones: R-1, R-1-PD, R-1-7-PD, R-10-PD, R-1-8-PD ("Single-Family"); R-2, R-2-PD ("Multiple-Family"); R-3, R-3-PD ("Medium Density Residential"); and R-4 ("Medium-High Residential Density").

(F) Commercial and mixed use zoned - Accessory dwelling units are allowed in the following zones if the lot is developed with one legal multi-family structure: C-1 ("Neighborhood Shopping Center"), C-2 ("General Commercial"); DT-E ("Downtown Edge"), DT-C ("Downtown Core"), and DT-G ("Downtown General").

(G) Minimum gross floor area - 220 square feet for two persons consistent with Cal. Health & Safety Code Section 17958.1.

(H) Maximum gross floor area - Permissible floor area shall not exceed 1,200 gross square feet.

(I) Entrance location and lighting - An accessory dwelling unit entrance shall not open into a drive aisle or parking space or otherwise place the resident in a vehicular path of travel, and shall have outdoor lighting and a safe and clear pedestrian path to the primary unit's public street frontage to the satisfaction of the director.

(Ord. No. 2984)

SEC. 16-467.4. TYPE 7 APPLICATIONS THAT ARE A MIX OF ADU TYPES.

When a proposed accessory dwelling unit is a combination of two or more accessory dwelling unit types 1, 2A, 2B, 2C, 3, or 4 and 5, the following procedure shall apply to identify the applicable development standards and permitting process:

(A) The applicant shall identify the two or more accessory dwelling unit types being utilized consistent with section 16-465.1.

(B) The applicant shall include calculations of the floor area for each type as components of the project.

(C) The director shall utilize the development standards of the accessory dwelling unit type component that has the largest floor area.

(D) A type 5 junior accessory dwelling unit application is a separate application that may be submitted concurrently with a type 7 application.

(Ord. No. 2984)

SEC. 16-468. OFF-STREET PARKING.

(A) Parking requirements - The requirements of city code section 16-622(F) (entitled "Schedule of Vehicle-Off-Street Parking Requirements") apply, where not specified in this section.

(B) Off-street parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking.

(1) The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations;

(2) The accessory dwelling unit is located within an architecturally and historically significant historic district;

(3) The accessory dwelling unit is a type 2A, 2B, or type 4, constructed entirely within the proposed or existing primary dwelling unit or an attached or detached accessory structure and/or garage;

(4) When on-street parking permits are required by the city but not offered to the occupant of the accessory dwelling unit; or

(5) When there is a car share vehicle use located within one block of the accessory dwelling unit.

(D) Demolished or converted required parking spaces - When a required garage, carport, or covered parking structure for the primary dwelling unit is demolished or converted in conjunction with the construction of an accessory dwelling unit, no replacement parking spaces are required.

(Ord. No. 2914, 2925, 2959, 2984, 3034)

SEC. 16-469. FIRE SAFETY EXCEPTION TO SETBACK REQUIREMENTS FOR ACCESSORY DWELLING UNITS.

Notwithstanding any other provision of this code to the contrary, the director shall not ministerially approve an application for a permit to create an accessory dwelling unit if the accessory dwelling unit side and/or rear setbacks are insufficient for fire safety as determined by the fire marshal.

(Ord. No. 2914, 2925, 2959, 2984)

SEC. 16-469.5. ACCESSORY DWELLING UNIT IN SPECIFIC PLAN ZONES.

Accessory dwelling units are allowed in specific plan use designation zones on legal lots that are developed in a manner equivalent to a zone designation listed within sections 16-467.1, 16-467.2, and 16-467.3 as determined by the director.

(Ord. No. 2914, 2925, 2959, 2984)

SEC. 16-469.6. EXCEPTIONS FOR LARGE LOTS WITH A PROPOSAL FOR NEW PRIMARY DWELLING UNIT.

Notwithstanding any other provision of this code to the contrary, the director shall consider a request for a development design review (DDR) permit to develop a new primary dwelling unit and designate an existing housing unit as the accessory dwelling unit if all of the following apply:

(A) The qualifying legal lot is at least 9,000 square feet;

(B) Contiguous lots must be under the same ownership and shall be required to complete a lot merger;

(C) The existing legal single-family housing unit is not greater than 1,200 square feet in size, not counting an attached or detached garage, or as determined by the director;

(D) The lot complies with zoning designations listed in section 16-467(B);

(E) The proposed new housing unit is situated on the lot in compliance with applicable zoning setbacks and uniformly applied development and parking standards;

(F) The proposed new housing unit shall be at minimum of 150% the size of the existing dwelling unit now designated as the accessory dwelling unit, not counting an attached or detached garage; and

(G) That approved plans, certificate of occupancy, and related documents shall reflect that the existing housing unit is classified as the accessory dwelling unit and subject to sections 16-467(F), (I), (J), (L), (M), (O), and (P), and the newly constructed housing unit is classified as the primary unit and subject to sections 16-467(K), (M), and (P).

(H) Nothing in this section shall prevent approval of an application consistent with sections 16-465.1 to 16-467.2 herein.

(Ord. No. 2959, 2984)

SEC. 16-470. PROCEDURES FOR DESIGNATING SIGNIFICANT HERITAGE FEATURES.

The city council, or such boards or persons as are authorized by the city council, may specifically designate significant heritage features, including physical objects, buildings or land. The city may allow by special use permit uses of such features other than those uses permitted in the zone in which such features are located. In granting such special use permits, the commission shall consider the appropriateness of the designation in light of the findings contained in section 16-471 and may impose appropriate standards and conditions for use, conservation, or rehabilitation of the feature.

(`64 Code, Sec. 34-4.02) (Ord. No. 1843)

SEC. 16-471. FINDINGS NECESSARY FOR DESIGNATION AS SIGNIFICANT HERITAGE FEATURE.

In order to designate significant heritage features, the approval body shall find that one of the following circumstances exist:

(A) The architecture or design of the feature is unique or of a style unique to the area;

(B) The architecture or design of the feature exemplifies a significant or unique architectural style; and

(C) The feature was the site of a significant historical or cultural event, or was owned by a person or group of persons who were significantly involved in the historical or cultural development of the city.

(`64 Code, Sec. 34-4.05) (Ord. No. 1843)

SEC. 16-475. “TEMPORARY USE” DEFINED.

A "temporary use" is one which occupies a parcel of land for a period of more than one hour within a 24-hour period, but less than the maximum time limits set forth herein; does not utilize any permanent structures except as otherwise permitted herein; and is not located on property owned or leased by the city for which the city has granted a written license agreement, allowing the use in question.

(`64 Code, Sec. 34-4.1) (Ord. No. 1836, 2637)

SEC. 16-475.1. EXEMPTIONS.

Temporary uses of a duration of less than three days which are held on city parks or public property and to be sponsored by bona fide charitable or nonprofit organizations, are exempt from the requirements contained in sections 16-476 through 16-483 of this chapter, provided such uses have prior approval of the city’s parks director.

(Ord. No. 1836)

SEC. 16-476. PERMITTED.

(A) No uses listed in this section shall be conducted unless a temporary use permit authorizing such a use has been approved. No temporary use shall be permitted to occur within or on public street rights-of-way or public property, including sidewalks, parks and parking lots, unless a temporary use permit has been granted for such uses.

(B) The following temporary uses may be permitted subject to the granting of a temporary use permit in accordance with the provisions of this division:

(1) Residential zones, property for which a residential use has been approved, and C-O zone -

(a) Construction signs, as defined in article IX;

(b) Sales or rental offices which are part of a project containing five or more contiguous residential lots or units, are located on or immediately adjacent to the site of the project, and are in conformance with section 16-319;

(d) Subdivision signs, as defined in article IX;

(e) Temporary construction yards and offices used only in conjunction with development of uses permitted by the applicable zone, and located on or immediately adjacent to the site of the development; provided, however, that one adult caretaker may be present during nonconstruction hours;

(f) Youth, charitable or nonprofit organization projects;

(g) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses; and

(h) In commercial zones, a temporary office structure where a permanent office building has been severely damaged by fire or other catastrophe.

(2) C-1 zone -

(a) Those temporary uses listed in subsection (1) above;

(b) Christmas tree lots;

(d) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

(3) C-2, CBD and C-P-D zones -

(a) Those temporary uses listed in subsection (2) above;

(b) Auctions;

(d) Outdoor carnivals, circuses and rodeos, except in the CBD zone;

(e) Outdoor concerts;

(f) Outdoor itinerant shows;

(g) Outdoor religious revival meetings;

(h) Outdoor sales, when the sale occurs adjacent to the permanent retail facility in which the same type of goods are sold by the same seller; and

(i) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

(4) C-M, M-L, M-1, M-2, M-P-D and BRP zones -

(a) Auctions;

(b) Construction signs as regulated in article IX;

(d) Subdivision signs, as regulated in article IX;

(e) Temporary construction yards and offices used only in conjunction with development of uses permitted in the applicable zones and located on or immediately adjacent to the site of a development; provided, however, that one adult caretaker may be present during nonconstruction hours.

(f) Youth, charitable or nonprofit organization projects; and

(g) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

(5) C-R zone -

(a) Subdivision signs, as regulated in article IX;

(b) Temporary construction yards and offices used only in conjunction with development permitted in this zone, and located on or immediately adjacent to, the site of said development; provided, however, that one adult caretaker may be present during nonconstruction hours;

(d) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

(6) Outdoor sales of only vegetables, fruits and flowers on property located in the C-R zone or on a portion of property that is otherwise zoned, but that is engaged in agricultural production for the duration of the temporary use; provided, however, that such use shall be located at least 75 feet from any structure used for residential purposes, where such structure is under different ownership

(`64 Code, Sec. 34-4.2) (Ord. No. 1409, 1633, 1836)

SEC. 16-477. PERMIT REQUIRED; PERMIT APPLICATION; ISSUANCE OF PERMIT.

(A) A temporary use permit shall be approved prior to the commencement of any temporary use. Application for a temporary use permit shall be made on an application form secured from the director. Such application shall require the information necessary for review of the application by appropriate city departments, including the name, address, telephone number and signature of both the applicant and property owner, and the project location.

(B) (1) The director shall direct the application to all concerned city departments or divisions for recommendations. The director shall review such recommendations and notify the applicant of approval, conditional approval, or disapproval.

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

(C) Temporary uses may be subject to additional permits, licenses or inspections as required by any applicable law, code or regulation. Application for temporary use permits for temporary uses in zones with planned development additives do not require a planned development permit.

(`64 Code, Sec. 34-4.3) (Ord. No. 1633, 1836)

SEC. 16-478. FEE.

A nonrefundable fee in the amount set by city council resolution shall be paid upon the filing of an application for a temporary use permit. The nonrefundable fee may be waived at the written request of the applicant and upon the approval of the city manager for charitable, youth or nonprofit organization projects. Temporary uses may be subject to additional fees or taxes imposed pursuant to this code or other applicable regulations.

(`64 Code, Sec. 34-4.4) (Ord. No. 1633, 1836)

SEC. 16-479. TIME LIMITS.

(A) The director in conjunction with other affected city departments shall determine the time limitations of temporary uses, which shall not exceed the following maximum time limits for the following uses:

(1) Three consecutive days: outdoor sales.

(2) Ten consecutive days:

(a) Auctions;

(b) Concerts;

(d) Outdoor carnivals, circuses, rodeos and itinerant shows; and

(e) Mechanical amusement rides.

(3) Thirty consecutive days: grand opening signs (one time only).

(4) Forty-five consecutive days: Christmas tree lots.

(5) One hundred eighty consecutive days, with thirty day extension for climatic hardships:

(a) Vegetable, fruit or flower stands; and

(b) Youth, charitable or nonprofit organization projects.

(6) Until the construction has received final utility clearance:

(a) Construction signs; and

(b) Construction yard and office.

(B) No more than three outdoor sales shall occur on the same site or at the same facility during a calendar year.

(C) No new temporary use permit shall be issued within 30 days from the expiration date of a similar temporary use permit for the same property, or from removal of materials or structures associated with the use, whichever occurs later.

(`64 Code, Sec. 34-4.5) (Ord. No. 1633, 1836)

SEC. 16-480. EXPIRATION OF USE; REMOVAL OF MATERIALS; BOND REQUIRED.

(A) All uses permitted by a temporary use permit shall be terminated on or before the expiration date stated upon the permit. All materials or products used in connection with or resulting from the temporary use shall be removed within five days after such expiration date. A bond, cash or other acceptable security in the amount of $250 to insure removal of all materials, personal property, and structures shall be filed with the director at the time of application for each of the following uses:

(1) Subdivision signs;

(2) Construction yards and offices;

(3) Sales or rental offices;

(4) Vegetable, fruit or flower stands; and

(5) Christmas tree lots.

(B) A bond, cash or other security shall also be required for any other temporary use which the director finds should be bonded to insure removal of all materials used in connection with or resulting from the use.

(C) Upon the removal of all materials associated with the approved temporary use, the applicant shall request an inspection by the enforcement division which shall make a recommendation to the director regarding the release or other disposition of the bond, cash or other security deposit.

(`64 Code, Sec. 34-4.6) (Ord. No. 1633, 1836)

SEC. 16-481. DENIAL OF PERMIT; APPEAL.

If, in the opinion of the director and other affected city departments, a proposed temporary use will be detrimental to the public health, safety and welfare and the adverse impacts cannot be mitigated, the director shall deny the permit. The applicant may appeal the denial to the commission as provided in sections 16-530 through 16-553. Said appeal shall be final with the commission. Before an appeal is scheduled for hearing, the applicant shall pay a fee as provided by resolution of the city council.

(`64 Code, Sec. 34-4.7) (Ord. No. 1633, 1836)

SEC. 16-482. SIGNS.

Except as otherwise permitted by this division, sign area for auctions, Christmas tree lots and vegetable, fruit and flower stands shall be limited to one temporary unlighted attached sign not to exceed 20 square feet in area. When such temporary use is located in a C-R zone, an additional two directional signs, of no more than six square feet each, shall be permitted. These additional signs shall be constructed of wood. All signs shall pertain only to the goods sold on the premises upon which displayed. Such signs shall not be located closer than five feet to any property line or street right-of-way.

(`64 Code, Sec. 34-4.8) (Ord. No. 1836)

SEC. 16-483. PROHIBITED USES.

(A) No temporary use permit shall be granted for the temporary occupancy of a mobile home, coach or other similar prefabricated or manufactured structure for use other than as a temporary construction office as provided in this article. Any use of such type of structure other than as specified herein shall comply with provisions of this chapter and the building codes applied to permanent structures.

(B) Except as otherwise permitted by or provided for in this chapter, no retail commercial use that engages in outdoor sale, display, promotion or storage of products or goods in commercial zones shall be permitted, except that this prohibition shall not apply to the outdoor displays of nurseries and lumber yards; the outdoor display of automotive products associated with a service station use; and the outdoor display of other large commodities, such as automobiles, motorcycles, and noninflatable craft, associated with retail sales.

(C) All sales offices for attached or detached residential projects shall be located within a specified dwelling unit. If the sales office is located in the garage of the dwelling unit, all improvements to the garage made to accommodate the office shall be removed before the dwelling unit is sold. As a condition of a planned development permit or a development plan permit, the approval body may authorize sales offices in trailer coaches and similar temporary structures.

(`64 Code, Sec. 34-4.9) (Ord. No. 1836, 2515)

SEC. 16-485. PURPOSE.

(A) The purpose of this division is to provide standards governing the installation of towers, antennae, and other wireless communications facilities to greatly reduce or eliminate any adverse economic, safety or aesthetic impacts on neighboring property owners and the entire city.

(B) Specifically, the purpose of this division is to:

(1) Permit towers to be located only in non-residential areas and minimize the total number of towers throughout the city;

(2) Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(3) Encourage the location of towers and antennae in areas where any adverse impacts on the city are minimal;

(4) Encourage the configuration of towers and antennae to minimize adverse visual impacts through careful design (such as the use of stealth facilities), siting, landscape screening, and other camouflaging techniques;

(5) Expand the availability of quick, effective and efficient wireless communications services in the city;

(6) Consider any potentially adverse effects that wireless communications towers have on health and safety; and

(7) Use careful design and siting of towers to avoid damage to adjacent properties.

(`64 Code, Sec. 34-230) (Ord. No. 2449)

SEC. 16-486. APPLICABILITY.

This division shall not apply to antennae and wireless communication facilities under 70 feet in height that are owned and operated by a federally-licensed amateur radio station.

(`64 Code, Sec. 34-231) (Ord. No. 2449)

SEC. 16-487. DEFINITIONS.

(A) ALTERNATIVE WIRELESS COMMUNICATIONS FACILITY - Mounting structures, including man-made trees, clock towers, bell steeples, light poles, and similar structures designed to camouflage or conceal the presence of antennae or towers.

(B) ANTENNA - A device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

(C) ANTENNA ARRAY - One or more rods, panels, whips, dishes or similar devices used for the transmission or reception of radio frequency signals.

(D) ATTACHED FACILITY - An antenna array or equipment facility attached to an existing building or structure, located either inside or outside of the building or structure.

(E) CELL SITE - A geographical area with a typical radius of ½ mile to five miles, containing both transmitting and receiving antennae.

(F) CELLULAR - Analog or digital wireless communications technology based on systems of interconnected neighboring cell sites.

(G) CO-LOCATION - The locating of antennae from more than one provider on a single building- mounted, roof-mounted wireless communication facility.

(H) ELECTROMAGNETIC FIELD - The local electric and magnetic fields that envelop the surrounding space, as by the movement and consumption of electric power by transmission lines, household appliances and lighting.

(I) EQUIPMENT FACILITY - A structure containing ancillary equipment for a wireless communications facility, including cabinets, shelters, and similar structures.

(J) FAA - The Federal Aviation Agency.

(K) FCC - The Federal Communications Commission.

(L) LATTICE TOWER - A multi-sided, open, metal frame tower.

(M) MANAGER - The city's planning and environmental services manager.

(N) MICRO-CELL FACILITY - A wireless communications facility consisting of not more than four antennae per site, each with dimensions no greater than two feet by two feet (typically mounted on existing structures or utility poles) or one foot by four feet; provided, however, that cylindrical antennae less than six inches in diameter that transmit and receive signals in 360 degrees may be no greater than five feet in height.

(O) MONOPOLE - A single pole wireless communications facility.

(P) DIVISION - The city's planning and environmental services division.

(Q) RADIO FREQUENCY RADIATION - Electromagnetic radiation in the portion of the spectrum from 3 kHz (kilohertz) to 300 GHz (gigahertz).

(R) REVIEWING AUTHORITY - The person or body designated by the code or city regulations to decide applications for antennae, equipment facilities and wireless communication facilities, or matters related thereto, or appeals from such decisions.

(S) SCENIC HIGHWAY - A road, street, highway or freeway designated as a scenic highway in the open space/conservation element of the city's general plan.

(T) STEALTH FACILITY - A wireless communications facility designed to blend into the surrounding environment, typically architecturally integrated into a building or other concealing structure, also called an “alternative wireless communications facility.”

(U) TOWER - A structure higher than its diameter and high relative to its surroundings, free-standing or attached to another structure, of skeleton framework or enclosed, that is erected primarily for the purpose of supporting one or more antennae for wireless communications facilities.

(V) WIRELESS COMMUNICATIONS - Personal wireless services as defined in the Telecommunications Act of 1996, including cellular, personal communication, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services.

(W) WIRELESS COMMUNICATIONS FACILITY - A structure, including a tower, pole, monopole, lattice tower, water tower, building or other structure, that supports antennae and related equipment that sends or receives radio frequency signals.

(`64 Code, Sec. 34-232) (Ord. No. 2449)

SEC. 16-488. APPROVAL PROCESS.

(A) In general - Wireless communications facilities shall not be constructed, installed, or maintained before approval is granted by the manager or a special use permit is issued, as set out in this section. Applicants are encouraged to submit a single application for multiple wireless communications facilities.

(B) Approval by manager - Within the time period and with such public notice as is prescribed by State law, the manager shall approve or conditionally approve applications for the following wireless communications facilities that comply with all of the development standards of this division and the zone in which such facilities are to be located.

(1) A stealth facility not located in a residential zone;

(2) A stealth facility within 500 feet of a scenic highway;

(3) An attached or roof-mounted wireless communications facility that is more than 500 feet from a scenic highway;

(4) A co-located wireless communications facility that is more than 200 feet from a scenic highway;

(5) A wireless communications facility on property owned, leased, or otherwise controlled by the city; and

(6) A micro-cell facility within a public right-of-way or utility easement.

(C) Denial by manager; appeal - If an application to the manager for wireless communications facilities does not meet the standards set out in subsection (B) above, the manager shall deny the application in writing, stating the basis for denial. Within ten days of the manager's denial of an application for wireless communications facilities, the applicant may appeal the manager's decision to the commission by filing with the secretary of the commission a written notice of appeal, stating the reasons that the applicant believes the manager's decision to be incorrect. The secretary of the commission shall set the date of hearing on the appeal for not less than 21 or more than 30 days from the date of filing the appeal and shall give notice of a public hearing on the appeal pursuant to Cal. Gov't Code, Section 65091. Not more than 30 days following the termination of the hearing on the appeal, the commission shall adopt a resolution granting or denying the appeal. The decision of the commission shall be final and not subject to further administrative appeal.

(D) Issuance of special use permit - A special use permit issued pursuant to sections 16-530 to 16-553 is required for the following wireless communications facilities:

(1) A wireless communications facility in a residential zone;

(2) A non-stealth facility in a commercial, manufacturing, business and research park, or central business district zone;

(3) A wireless communications facility with an individual support tower (e.g., monopole or lattice tower);

(4) A non-stealth facility within 500 feet of a scenic highway, when the facility is significantly screened;

(5) An attached facility within 500 feet of a scenic highway or a co-located wireless communications facility on an existing tower within 200 feet of a scenic highway;

(6) A wireless communications facility that does not comply with all of the development standards of this article or the zone in which such facility is to be located, but that can be conditioned to eliminate potential impacts or reduce potential impacts to an acceptable level through the issuance of a special use permit in conformance with this article.

(7) A wireless communications facility within a Southern California Edison (SCE) substation, whether or not located within 500 feet from a scenic highway, as long as the substation contains existing SCE poles at least as tall as one-half the height of the proposed wireless communications facility and such facility is unobtrusively integrated into the substation design.

(E) Issuance of master special use permit - In order for the city to control cumulative development of wireless communications facilities on a parcel, a master special use permit issued pursuant to sections 16-530 to 16-553 is required when an additional wireless communications facility is proposed on a parcel that already has one or more such facilities. The applicant for the master special use permit shall be the property owner, not a lessee; however, a lessee may act as the property owner's agent.

(F) Information for special use permit or manager's approval - The application for a special use permit or for the manager's approval shall require the following information. If the application is for the manager's approval, the manager, in his or her discretion, may waive items of information.

(1) Site information -

(a) A scaled site plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including that of any adjacent municipality or the county), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, fencing and other information required by the manager;

(b) A complete description of the site, including what telecommunications objectives the proposed wireless communications facility will implement, such as coverage areas and system capacity;

(d) A map showing the location of the nearest habitable structure, if closer than 1,000 feet, and the distance from the proposed wireless communications facility to the structure;

(e) A map showing the distance of the proposed wireless communications facility from other facilities and the type of construction of existing wireless communications facilities; and

(f) A map and a description of on-site and adjacent scenic areas (including scenic highways), habitat resources, water bodies, and significant vegetation.

(2) Electromagnetic frequency information -

(a) A report prepared by a radio frequency engineer approved by the manager, showing that radio frequency radiation/electromagnetic frequency emitted by the proposed wireless communications facility will conform to the safety standards adopted by the FCC.

(b) The manager shall waive the foregoing report if the applicant submits evidence satisfactory to the manager that the proposed wireless communications facility meets the environmental evaluation exemption standards set out in Title 47 of the Code of Federal Regulations.

(3) Co-location information - The applicant shall demonstrate that the applicant has made reasonable efforts to colocate the proposed wireless communications facility in accordance with sections 16-489. The applicant shall provide:

(a) A written summary of all efforts to co-locate the proposed wireless communications facility with an existing such facility, either on the same property or in the general vicinity, including copies of requests for co-location to existing carriers and any responses received;

(b) If an existing wireless communications facility is not proposed for co-location, a letter explaining why such facility is not suitable for co-location, including factors such as lack of existing towers in the area, topography, frequency interference, line of sight problems, available land, and zoning restrictions; and

(c) A statement as to whether construction of the proposed wireless communications facility will accommodate co-location of additional antennae for future users.

(4) Visual impact information -

(a) Photographs or computer enhanced representations of the project site “before” and “after” installation, showing the proposed tower and antennae and any landscaping or screening proposed to lessen the visual impact of the wireless communications facility;

(b) If the site is visible from a scenic highway, a residential neighborhood, or a public hiking trail, the photographs or computer enhanced representations shall show the site from those points of view. If the photographs or computer enhanced representations show multiple viewpoints, the applicant shall also provide an index map and key for identification.

(d) A landscape plan designed to screen the proposed wireless communications facility to the maximum extent feasible, or statement of reasons why landscaping is not necessary or feasible;

(e) Additional information, maps, drawings, as required by the manager, designed to show that the proposed wireless communications facility meets the intent of the city's general plan and scenic resource protection goals and policies.

(5) Capacity information - Information on the total antenna capacity for the proposed tower and any other proposed structures.

(6) Statement of intent - A statement of intent regarding the establishment of utilities and services, such as electricity.

(7) Evidence - Evidence that the parcel for the proposed site was legally created.

(8) Access proof required - A title report or other document demonstrating that the applicant has legal access to the proposed site.

(9) Lease agreement - An agreement to lease space on the proposed support structure to other users.

(10) Failure characteristics - Documentation that identifies failure characteristics of the tower and demonstrates that the site and setbacks are of adequate size to contain falling debris.

(11) Notification proof required - Evidence that the applicant has notified all wireless communications service providers of the applicant's plans to develop the proposed wireless communications facility.

(12) Operating license - Evidence that the applicant has a current operating license from the FCC.

(G) Additional information for master special use permit - The application for a master special use permit shall require the following information, as well as the information required for a special use permit:

(1) A plot plan of the proposed master special use permit boundary, showing all existing and proposed wireless communications facilities, any additional area needed to provide required landscaping or screening for such facilities, and the boundaries of individual lease areas; and

(2) Elevations and total build-out information for each tower.

(H) Fees - No application for wireless communications facilities or appeal from decisions of the manager or the commission concerning such applications shall be accepted unless accompanied by a fee in the amount set by resolution of the city council.

(I) Expiration and reapplication -

(1) Any approval by the manager or special use permit or master special use permit granted for stealth, micro-cell or significantly screened wireless communications facilities, or wireless communications facilities located in SCE substations, that become more prominent or visible because of a change in the support structure, screening, surrounding structures or landscape, shall be deemed to expire on 90 days' written notice from the manager to the wireless communications facilities provider, provided, however, that the manager may extend the period of expiration as set out in subdivision (2) of this subsection. Examples of such situations include, but are not limited to, the removal of vegetation that formerly screened such facilities; the removal or deterioration of a structure that formerly screened such facilities; and the removal of an SCE substation or the undergrounding of utilities in an SCE substation in which such facilities are located.

(2) Such notice shall identify the location of the wireless communications facilities and the change that rendered such facilities more prominent or visible. Such notice shall state that the wireless communications provider shall reduce such prominence or visibility by taking action as described by the manager, to be completed to the satisfaction of the manager within 90 days of the date of the notice or the approval or special use permit or master special use permit shall expire 90 days from the date of the notice. Alternatively, the notice shall state that no action can be taken to sufficiently reduce such prominence or visibility, and shall require the wireless communications provider to remove the wireless communications facilities within 90 days of the date of notice. The manager may extend any such 90-day period for a reasonable time if the manager determines that the wireless communications provider is exercising due diligence to take the required action and reasonably requires more time to complete the required action.

(3) If the wireless communications provider does not appeal the issuance of such notice and attempts to comply with the notice by taking the action specified by the manager to reduce the prominence or visibility of the wireless communications facilities, and the manager is not satisfied with such attempts, the manager shall give written notice to the wireless communications provider of additional corrective action that must be completed within a specified time. In the alternative, or after such additional corrective action has been attempted, the manager may give written notice to the wireless communications provider that such attempts are unsatisfactory and that the approval, special use permit or master special use permit has expired or will expire at the time stated in the original notice.

(4) Within ten days of the manager's issuance of a notice under this subsection (I), the wireless communications provider may appeal to the commission as provided in subsection 16-488(C) or may file a new application for the wireless communications facilities on a basis other than stealth, micro-cell or significantly screened facilities. The expiration of the approval or special use permit or master special use permit shall be stayed pending the commission's decision on the appeal or the manager's or commission's decision on the new application.

(5) On or before expiration of an approval, special use permit or master special use permit under this subsection (I), the wireless communications provider, at such provider's expense, shall remove the wireless communications facilities.

(`64 Code, Sec. 34-233) (Ord. No. 2449, 2539)

SEC. 16-489. CO-LOCATION.

(A) Wireless communications providers are encouraged to construct and site their wireless communications facilities with a view towards sharing such facilities with other providers, to co-locate with existing wireless communications facilities, and to accommodate the future co-location of other wireless communications facilities.

(B) City staff shall work with wireless communications providers to facilitate the siting of wireless communications facilities on publicly owned property, by identifying existing wireless communications facilities, the appropriate contact persons, and the appropriate procedures.

(C) Wireless communications providers proposing a new wireless communications facility having a support structure shall demonstrate that a reasonable attempt was made to find a co-location site meeting engineering standards and that none was practically or economically feasible. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1) No existing towers located within the geographic area meet applicant's engineering requirements.

(2) Existing towers are not of sufficient height to meet applicant's engineering requirements.

(3) Existing towers do not have sufficient structural strength to support applicant's proposed antennae and related equipment, or cannot be reinforced or modified to accommodate applicant's proposed antennae and related equipment at a reasonable cost.

(4) Applicant's proposed antennae would cause electromagnetic interference with antennae on existing towers, or antennae on existing towers would cause interference with applicant's proposed antennae.

(5) Fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6) There are other limiting factors that render existing towers unsuitable.

(D) Wherever feasible, wireless communication facilities and antennae shall be co-located on existing towers. Written documentation shall be presented to the manager that the owner of the property where the wireless communication facility is to be located has agreed to this requirement. This subsection shall not apply to stealth antennae.

(E) Wireless communication facility owners shall not exclude other related wireless communications services from co-locating on the same tower if the tower is structurally and technically able to support such services.

(F) Wherever feasible, transmitting and receiving equipment serving similar kinds of uses shall be placed on the same wireless communication facility so that all users with similar equipment can operate approximately equally.

(`64 Code, Sec. 34-234) (Ord. No. 2449)

SEC. 16-490. GENERAL REQUIREMENTS.

(A) Principal or accessory use - Antennae and towers may be allowed as either principal or accessory uses.

(B) Parcel size - For purposes of determining whether the installation of towers or antennae complies with zone development standards, such as setbacks and lot coverage, the dimensions of the entire parcel shall control, even though the antennae or towers may be located on separate leased parcels within the entire parcel.

(C) State and federal requirements - Wireless communications facilities shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or federal government with the authority to regulate wireless communications facilities. If such standards or regulations change, the owners of wireless communications facilities governed by this article shall bring wireless communications facilities into compliance with the revised standards or regulations within six months of the effective date of the revision, unless a different compliance schedule is required by the controlling agency. Failure to bring wireless communications facilities into compliance with the revised standards or regulations shall constitute grounds for the city to remove such facilities at the owner's expense.

(`64 Code, Sec. 34-235) (Ord. No. 2449)

SEC. 16-491. HEALTH AND SAFETY.

(A) Every wireless communications facility shall be placed, operated and maintained in a manner that fully complies with current regulations of the FCC governing radio frequency emissions.

(B) All wireless communications facilities shall meet the minimum siting distances to habitable structures required for compliance with FCC regulations and standards governing the environmental effects of radio frequency emissions.

(C) New or existing wireless communications facilities shall not interfere with public safety telecommunications or private use telecommunication devices.

(`64 Code, Sec. 34-236) (Ord. No. 2449)

SEC. 16-492. DEVELOPMENT STANDARDS.

(A) Height - The maximum height of wireless communications facilities shall not exceed the height limitations of the zone in which such facilities are located; provided, however, that wireless communications facilities mounted on an existing structure that exceeds the height limit of the zone, may be as high as the structure. In the C-2, BRP, C-M and M-L zones, whether or not such zones are in a planned development zone, the height limitation shall be the basic height limitation for the zone before any adjustment thereof by the commission, as allowed by the portions of the code applicable to such zones, unless the commission grants additional height on the grounds and conditions stated in such portions of the code and in sections 16-530, 16-531, and 16-532. Height shall be measured as the vertical distance from the grade at the base of the wireless communications facility to the top of the wireless communications facility or, in the case of a roof-mounted wireless communications facility, from the grade directly below the exterior base of the building to the highest point of the wireless communications facility. Antennae and other projections from the wireless communications facility shall be included in the measurement of height. Exceptions to height limitations may be granted as provided in section 16-497. Exceptions to height limitations for top structures and freestanding structures that conceal antennae, but not for antennae not so concealed, may be granted in conformance with the provisions of this code.

(B) Setbacks -

(1) Towers - Towers and all components thereof and attachments thereto shall comply with the setback requirements for the zone in which they are located.

(2) Attached wireless communications facilities - An attached wireless communications facility antenna array may extend up to five feet horizontally beyond the edge of the attachment structure, regardless of setback requirements, provided that the antenna array does not encroach into an adjoining parcel or public right-of-way.

(1) Separation from residential property - In granting a special use permit or master special use permit, the commission shall require towers to be placed far enough from residentially zoned property to adequately mitigate visual impacts. Tower separation shall be measured from the base of the tower to the lot line of the residentially zoned property. No separation is required for stealth facilities.

(2) Separation distances between towers - Towers shall be separated from each other by at least 5,000 feet, as measured along a straight line between the base of the existing tower and the base of the proposed tower. No separation is required between stealth facilities, significantly screened facilities or any combination thereof.

(D) Location -

(1) General requirement - Wireless communications facilities shall be located to minimize their impact. Whenever possible, ground-mounted, non-stealth facilities shall be located next to existing trees, light poles or utility poles of comparable height, provided that such light poles and utility poles are not scheduled to be placed under ground and comply with the setbacks for the zone.

(2) Order of preference - Applicants shall propose antennae in the following order:

(a) Side-mounted antennae on existing structures;

(b) Antennae with appropriate visual or architectural screening atop existing structures;

(d) Antennae on monopoles.

(3) Restricted locations - Wireless communications facilities shall not be established in any of the following locations, except for stealth, significantly screened and micro-cell facilities determined by the reviewing authority to be integrated with or screened by a non-antenna support structure (such as a street light, utility pole, building or landscape feature), so that such facilities will be substantially indistinguishable from their support structures:

(a) Within any residential zone, unless the parcel on which the wireless communications facility is proposed to be located is owned by a public utility or a public agency;

(b) Within any nonresidential zone on a site that contains a legally established residential use;

(d) On any property that the city council has designated as a significant heritage feature;

(E) Landscaping and screening:

(1) Wireless communications facilities shall be landscaped and screened to comply with the requirements of the zone and any specific plan area in which they are located.

(2) Existing mature trees and natural land forms on the site shall be preserved to the extent feasible. Vegetation that causes interference with antennae or inhibits access to an equipment facility may be trimmed.

(3) Existing on-site vegetation may be used in lieu of other landscaping when approved by the manager.

(F) Wireless communications facilities shall be designed and maintained as follows:

(1) In general -

(a) Wireless communication facilities and accessory equipment shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area.

(b) Wireless communications facilities located 500 feet or less from a scenic highway shall be of stealth design to preserve the scenic resources and character of the city. Wireless communications facilities over 500 feet and less than 1,000 feet from a scenic highway shall be significantly screened, as determined by the manager.

(c) Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signs.

(2) Towers - Towers shall have either a galvanized steel finish or, subject to FAA standards, be painted a neutral color to reduce visibility.

(3) Equipment facilities -

(a) Accessory equipment shall be located within a building, structure, enclosure or underground vault.

(b) Equipment facilities located 500 feet or less from a scenic highway shall be screened from view by an evergreen hedge with an ultimate height of at least six feet and a planted height of at least 36 inches.

(4) Rights-of-way - All wireless communications facilities located within street or road rights-of-way shall be either a micro-cell facilities mounted on an existing utility pole or stealth facilities; provided, however, that micro-cell facilities may not be mounted on utility poles or other structures in rights-of-way where utilities are scheduled to be placed under ground. In such locations, wireless communications facilities shall be removed at the owner's expense, as set out in section 16-494.

(G) Wireless communications facilities shall not be artificially lighted, unless required by the FAA or other applicable authority. Equipment facilities may have security and safety lighting that is appropriately shielded to keep light within the boundaries of the site.

(H) Wireless communications facilities may be enclosed by a security fence and may be equipped with an appropriate anti-climbing device. Identification signs, including the emergency phone numbers of the cellular service provider, shall be posted at all equipment facilities and towers.

(I) The FCC has jurisdiction over the regulation of radio frequency emissions. As part of the application for wireless communications facilities, applicants shall provide all information provided to the FCC concerning the projected power density of such facilities and their compliance with FCC standards.

(J) Towers to which one or more antennae are attached as of the date of adoption of this article are subject to the following standards:

(1) Type of antenna - A tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless a change is approved by the reviewing authority.

(2) Height -

(a) An existing tower may be modified or rebuilt to a greater height, not to exceed 16 feet over the allowed height for the zone, to accommodate the co-location of an additional antenna. The height change may occur only once per tower. Height shall be measured as described in subsection 16-492(A).

(b) A change in height shall not require additional distance separation. The tower's pre-modification height shall be used to calculate required distance separations.

(3) On-site location -

(a) A tower that is being rebuilt to accommodate the co-location of an additional antenna may be moved on the same site within 50 feet of its existing location. Only one tower shall remain on the site.

(b) A tower that is relocated on the same site shall continue to be measured from the original tower location for purposes of calculating separation distances between towers.

(K) Antennae attached to structures -

(1) Attached antennae shall be designed to be compatible and blend with the architecture, colors, and materials of the structures to which they are attached.

(2) Attached antennae shall be located to minimize their visibility from public streets and residential areas. Special screening devices may be required or approved by the reviewing authority.

(3) Equipment facilities associated with attached antennae shall be screened from public view.

(`64 Code, Sec. 34-237) (Ord. No. 2449, 2539)

SEC. 16-493. REMOVAL OF ABANDONED WIRELESS COMMUNICATIONS FACILITIES.

A wireless communications facility that has not operated for six continuous months shall be considered abandoned, and the owner shall remove such facility at the owner's expense within 90 days of notice from the manager. If the wireless communications facility is not removed within 90 days, the city may remove such facility at the owner's expense. If there are two or more users of a single wireless communications facility, this provision shall not become effective until all users cease using such facility for six continuous months.

(`64 Code, Sec. 34-238) (Ord. No. 2449)

SEC. 16-494. REMOVAL OF WIRELESS COMMUNICATIONS FACILITIES WITHIN UTILITY RIGHTS-OF-WAY.

A wireless communications facility that is located within any utility right-of-way where undergrounding of utilities is scheduled to occur, shall be removed at the owner's expense within 90 days of notice from the city. If the wireless communications facility is not removed within 90 days, the city may remove such facility at the owner's expense.

(`64 Code, Sec. 34-239) (Ord. No. 2449)

SEC. 16-495. NONCONFORMING WIRELESS COMMUNICATIONS FACILITIES.

Wireless communications facilities that existed on January 13, 1998 and that do not comply with the requirements of this division (“nonconforming facilities”) are subject to the following standards:

(A) Nonconforming facilities may continue in use, but shall not be expanded without compliance with this article.

(B) Nonconforming facilities may add additional antennae on approval of the manager.

(C) Nonconforming towers may be maintained or replaced with a new tower of similar construction and height; provided, however, that such replacement or other construction, other than routine maintenance, shall comply with the requirements of this division.

(D) With the exception of abandoned nonconforming facilities, nonconforming facilities that are damaged or destroyed may be repaired and rebuilt. The type, location and physical dimensions of the rebuilt facility shall be the same as the original facility. Building codes in effect at the time of repair or rebuilding shall apply thereto. The applicant shall obtain building permits within 180 days from the date the facility was damaged or destroyed. If no permit is so obtained or if the permit expires before the repair or rebuilding is completed, the nonconforming facility shall be deemed abandoned.

(E) Without conforming to the provisions of this division, a nonconforming facility may be replaced, repaired, rebuilt or expanded in order to improve the structural integrity of such facility, allow such facility to accommodate colocated antennae or facilities, or upgrade such facility to current engineering, technological or communications standards, as long as the nonconforming facility is not increased in height by more than ten percent and setbacks are not decreased.

(`64 Code, Sec. 34-240) (Ord. No. 2449)

SEC. 16-496. MODIFICATIONS TO EXISTING WIRELESS COMMUNICATIONS FACILITIES.

(A) Minor modifications - The manager may approve minor modifications to existing wireless communications facilities. Minor modifications include the following:

(1) An increase of up to ten feet above the height limit of the applicable zone in order to accommodate co-location or an attached facility; or

(2) A decrease of up to ten percent in setbacks or separation requirements.

(B) Major modifications - Major modifications to wireless communications facilities shall require issuance of a special use permit in accordance with sections 16-530 to 16-533. Major modifications are any modifications that exceed the definition of minor modifications or that are not listed as minor modifications.

(`64 Code, Sec. 34-241) (Ord. No. 2449)

SEC. 16-497. MODIFICATIONS TO DEVELOPMENT STANDARDS.

In granting a special use permit or a master special use permit pursuant to this article, the commission may modify the development standards of this article and of the zone in which the wireless communications facilities are to be located, if the commission finds that such modifications are consistent with the goals, principles and standards of the general plan and other adopted city policies and with the public welfare; provided, however, that the commission may modify numerical standards, such as setbacks, height and separation distances, by no more than 25%, except in the C-2, BRP, C-M and M-L zones, whether or not such zones are in a planned development zone, as provided in section 16-492(A).

(`64 Code, Sec. 34-242) (Ord. No. 2449, 2539)

SEC. 16-498. VALIDATION OF PROPER OPERATION.

Within 90 days of commencement of operations of a wireless communications facility, the operator of such facility shall provide to the program a report prepared by a qualified engineer, verifying that the operation of such facility is in compliance with the standards established by the American National Standards Institute and the Institute of Electrical and Electronic Engineers for safe human exposure to electromagnetic fields and radio frequency radiation.

(`64 Code, Sec. 34-243) (Ord. No. 2449)

SEC. 16-499. VIOLATIONS.

Violation of any provision of this division is a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. The penalty for a misdemeanor is a fine not to exceed $500 or imprisonment for a term not to exceed six months, or both such fine and imprisonment.

(`64 Code, Sec. 34-244) (Ord. No. 2449)

SEC. 16-501. PURPOSE AND INTENT.

This division provides a procedure and sets standards for persons with disabilities seeking a reasonable accommodation in the provision of housing and is intended to comply with Cal. Gov’t Code Section 65583(c)(3) requiring a Housing Element program to provide reasonable accommodations for persons with disabilities, as well as the Federal Fair Housing Act (42 U.S.C. Sections 3601 et seq.) and the California Fair Employment and Housing Act (Cal. Gov. Code Sections 12900 et seq.) (the Acts) regarding the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 2848)

SEC. 16-501.1. APPLICABILITY.

(A) A request for reasonable accommodation may be made by any person with a disability, their representative, or entity when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are considered disabled under the Acts. A reasonable accommodation may be approved only for the benefit of one or more persons with a disability.

(B) A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Facilities serving persons with disabilities, not in compliance with this chapter at the time of adoption of this division, may qualify for a reasonable accommodation permit pursuant to this division.

(Ord. No. 2848)

SEC. 16-501.2. APPLICATION REQUIREMENTS.

(A) Application - A request for reasonable accommodation shall be made on a city application form or in the form of a letter to the director and shall contain the following information:

(1) The applicant’s name, address and telephone number, and written permission of the property owner, if applicable.

(2) The address of the property for which the request is being made.

(3) The current use of the property.

(4) Documentation for the claim that the person is considered disabled under the Acts.

(5) The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

(6) Why the reasonable accommodation is necessary to make the specific property accessible to the person.

(7) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling unit.

(B) Fee - An application must be accompanied by the applicable processing fee (equivalent to a temporary use permit - Tier 3 fee until such time as the City Council modifies the reasonable accommodation fee) adopted by City Council resolution.

(Ord. No. 2848, 2926)

SEC. 16-501.3. REVIEW AUTHORITY.

(A) Administrative permit - Requests for reasonable accommodation shall be reviewed by the director if no discretionary approval is sought other than the request for reasonable accommodation.

(B) Associated discretionary permit - Requests for reasonable accommodation submitted for concurrent review with a discretionary land use application reviewed by the planning commission, such as a special use permit, shall be considered together by the planning commission.

(Ord. No. 2848)

SEC. 16-501.4. REVIEW PROCEDURE.

(A) Administrative permit - Within 30 days of receiving the application, the director shall issue and mail a written determination to either grant, grant with modifications or conditions, or deny a request for reasonable accommodation.

(B) Associated discretionary permit - The written determination on whether to grant, grant with modifications or conditions, or deny the request for reasonable accommodation shall be made by the planning commission in compliance with the applicable review procedure for the accompanying discretionary permit. The planning commission shall take action and provide notice as set forth in the zone code requirements for the associated discretionary permit(s). The written determination on the request for reasonable accommodation shall be made in accordance with the provisions of section 16-501.5.

(Ord. No. 2848)

SEC. 16-501.5. FINDINGS AND DECISION.

(A) Written findings - The applicant shall be notified of the decision whether to approve, conditionally approve, modify or deny the request for reasonable accommodation through a written determination. The written determination shall be consistent with the Acts and shall be based on the following findings, all of which are required for approval:

(1) The accommodation is requested by or on the behalf of one or more persons with a disability protected under the Acts.

(2) The accommodation is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling unit.

(3) The accommodation will not impose an undue financial or administrative burden on the city.

(4) The accommodation will not result in a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

(5) The accommodation will not result in a direct threat to the health and safety of other persons or physical damage to the property of others.

(B) Considerations - The director or planning commission may consider, but are not limited to, the following factors in determining whether the requested accommodation is reasonably necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling unit or would result in a fundamental alteration in the nature of the city’s zoning program:

(1) Whether the reasonable accommodation is being provided primarily to benefit one or more persons with a disability.

(2) Whether the reasonable accommodation is necessary for therapeutic benefit to the person(s) with a disability.

(3) Whether granting the requested accommodation would substantially undermine any express purpose of either the city s general plan or an applicable specific plan.

(4) Whether the requested accommodation would significantly deprive any neighboring property owners of the use and enjoyment of their own properties.

(5) Whether there are preferable and/or feasible alternatives to the requested accommodation that may provide an equivalent level of benefit.

(C) Conditions of approval - In granting a request for reasonable accommodation, the director or planning commission may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (A). Conditions of approval for a reasonable accommodation request may, where appropriate, provide for any or all of the following:

(1) Inspection of the affected premises by the city to verify compliance with this division and any conditions of approval;

(2) Removal of the permitted improvements by the applicant where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists; and

(3) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.

(Ord. No. 2848, 2926, 3038)

SEC.16-501.6. COMPLIANCE WITH EXISTING RULES.

In order to be eligible for consideration for a reasonable accommodation, the property must be in compliance with the then existing laws and regulations otherwise applicable to the property except that which is the subject of the reasonable accommodation request. If the non-compliance is through no fault of the applicant, the director may waive this requirement. However, such a waiver shall not preclude the city from requiring that the existing violations be corrected in accordance with the city code and all applicable rules and regulations.

(Ord. No. 2848)

SEC. 16-502. APPEAL OF DETERMINATION.

(A) Administrative permit - A determination by the director regarding a request for reasonable accommodation may be appealed to the hearing officer in accordance with the administrative hearing procedures set forth in article V of chapter 1 of the city code.

(B) Discretionary permit - A determination made by the planning commission for a reasonable accommodation in conjunction with a discretionary land use application may be appealed to the city council by the applicant or any aggrieved person within 18 calendar days of the date of the determination. Such appeal shall be delivered in writing to the city clerk. An appeal fee as set by city council resolution shall be collected from the appellant. The city clerk shall set a hearing date within 30 days of receipt of the appeal. The city council decision shall be final.

(Ord. No. 2848)

SEC.16-502.3. MODIFICATIONS.

A request to modify an approved reasonable accommodation shall be treated as a new application, unless in the opinion of the director, the requested modification results in a minor change, is within the director’s authority to approve and is consistent with the original approval.

(Ord. No. 2848)

SEC. 16-502.4. TIME EXTENSIONS.

The time limit for initiation of a reasonable accommodation as set forth in the permit that has been approved in accordance with the terms of this division may be extended for good cause for a period not to exceed 24 months by application to the director no less than 60 days prior to the expiration date. The request must be accompanied by the applicable fee for administrative permit extensions.

(Ord. No. 2848)

SEC. 16-502.5. DISCONTINUANCE AND REVOCATION.

A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 30 days. The reasonable accommodation shall remain in effect after that time only if the director makes a written determination that (1) the modification is physically integrated into the residential structure and cannot be easily removed or altered to comply with code, and (2) the accommodation is necessary to allow another, identified, person with a disability to occupy the dwelling unit within 90 days from the date of the director’s determination. Any reasonable accommodation may be revoked by the original decision maker for any violation of this division or the terms or conditions of the reasonable accommodation, or if any law is violated in connection with the use of the reasonable accommodation. The director shall mail notice of intent to revoke a reasonable accommodation that was granted by an administrative permit, and the permittee may request an administrative hearing regarding such action, in accordance with the procedures set forth in article V of chapter 1 of the city code.

(Ord. No. 2848)

SEC. 16-503. RESTRICTIVE COVENANT.

The owner of the property shall enter into a restrictive covenant with the city which provides that prior to sale, transfer, lease or other conveyance of the property or at the time the reasonable accommodation is no longer necessary, that the owner of the property shall bring the property into conformance with the city’s zoning code to the extent that relief was provided as part of the request for reasonable accommodation. The restrictive covenant shall be recorded against the property by the county recorder and shall provide that the reasonable accommodation does not run with the land and shall terminate upon sale, transfer, lease or other conveyance of the property. Any grant of accommodation for a person with a disability shall be considered as a personal accommodation for the applicant and does not run with the land. If the director finds that the accommodation cannot be feasibly removed or altered or the new property owner applies for and is granted the same accommodation by the director a new covenant shall be recorded as provided above.

(Ord. No. 2848)

SEC. 16-504. EMERGENCY SHELTER DEVELOPMENT AND OPERATION STANDARDS.

(A) Permanent emergency shelters, emergency shelters for families and low-barrier navigation centers shall meet the following standards:

(1) No shelter patron shall be re-admitted to the same emergency shelter within five days of being discharged after a stay of six months.

(2) If site characteristics permit, an enclosed or screened waiting area shall be provided between the on-site intake area for shelter patrons and the public right-of-way in order to prevent queuing within any public right-of-way.

(3) Each shelter shall establish hours of operation for patron intake and discharge, patron rules of conduct and procedures for notifying patrons of such hours and rules of conduct.

(4) On-site manager/shelter personnel shall be provided during all hours of operation when patrons are present. A designated area for on-site personnel shall be located near the main entry to the shelter for the purpose of controlling admittance and providing security.

(5) A shelter shall be limited to serving no more than the number of patrons allowed by fire or building code occupancy.

(6) Off-street parking shall be provided pursuant to Section 16-622 of this chapter.

(7) Each emergency shelter shall be equipped with exterior security lighting in accordance with section 16-320 of the zoning code. Lighting shall be shielded from all adjacent residential areas.

(8) The emergency shelter operator shall maintain an on-site security plan and emergency preparedness plan.

(Ord. No. 2864, 3036)

SEC. 16-504.1. PURPOSE AND INTENT.

(A) Firearm and ammunition sales may be established, subject to all other provisions of this chapter and division, only in the general commercial (C-2) and limited manufacturing (M-L) zoning districts. For the purposes of this division, the establishment of any business engaged in firearm and ammunition sales shall include the locating and opening of such a business as a new business, the relocation of such business, the conversion of an existing business location to any firearm and ammunition sales use, or the expansion of an existing firearm and ammunition sales use.

(B) Locational criteria. In the C-2 and M-L zoning districts, no firearm and ammunition sales use may be established within the following proximity to the sensitive uses identified below:

(1) Within 600 feet of any residentially zoned property;

(2) Within 600 feet of any day care center. For the purposes of this division, day care center includes any child or adult day care facility, other than a family day care home, and includes infant center, preschools, extended day care facilities for adults and/or children which involve the supervision of more than 14 persons for a period of less than 24 hours per day;

(3) Within 600 feet of any park. For the purposes of this division, park includes any land or easements owned or leased by the city which, by ordinance, resolution, regulation, or agreement, is dedicated to or operated by the city for purposes of public recreation, be it active or passive. This term does not apply to trails, bikeways, or similar facilities;

(4) Within 600 feet of any church, as defined by section 16-10 as a building primarily operated for worship or for promotion of religious activities excluding other buildings or activities maintained by religious organizations such as educational institutions, hospitals, homeless shelters, and day care centers or operations that are commercial in nature;

(5) Within 600 feet of any school. For the purposes of this division, school includes any child day care facility or educational institution for minors, whether public or private, offering instruction in those courses of study required by the Cal. Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education for grades K through 12. This definition does not include tutoring centers, a professional or commercial school, or an institution of higher education, including a community or junior college, college, or university;

(6) Within 600 feet of the boundaries of the Oxnard Transportation Center and Oxnard Airport;

(7) Within 600 feet of any medical clinic;

(8) Within 600 feet of any hospital; and

(9) Within 200 feet of another legally authorized firearm and ammunition sales business or firearm range.

(C) Measurement. All locational criteria outlined in this division shall be calculated using the distance between the closest exterior wall of the firearm and ammunition sales business and the nearest property line of the identified sensitive use in a straight line extended between two points, without regard for intervening structures.

(D) Permit requirements and conditions. The establishment of a firearm and ammunition sales use is permitted only on approval of a special use permit, as provided in sections 16-530 through 16-553.

(1) In addition to the application materials described in section 16-533, the following information shall be provided within an application for a special use permit:

(a) Plans shall indicate the nature of construction of exterior walls, placement, and size of exterior windows and doors, and location of exterior heating, ventilation, air conditioning equipment, and skylights.

(b) A business proposal detailing the proposed operation, what types of firearms and ammunition will be sold and stored on-site, an account of the quantities, types, storage, and handling of any hazardous materials, and any ancillary services performed, including firearm repair and maintenance.

(2) In addition to the factors described in section 16-532, conditions of approval involving the following factors may be imposed by the planning commission on a special use permit for firearm and ammunition sales:

(a) Safety and security related to the design and operation of the proposed use, security and access control systems, and the like;

(b) Site and building target hardening;

(d) Weapons and ammunition storage;

(e) The maintenance of all required state, federal and local licenses;

(f) Copies of a live-scan for all applicants for employment, submitted to the police chief or his/her designee; and

(g) Liability and risk management.

(E) Requirements for granting. In addition to those findings listed in section 16-531, the applicant must demonstrate and the planning commission must find that the proposed use is in conformance with the following, prior to granting a special use permit for the sale of firearms and ammunition:

(1) The establishment has incorporated adequate security so as to reduce the likelihood that the use will aggravate policing issues; and

(2) The proposed operational procedures are sufficient to mitigate issues related to facility security, staff and customer safety, and first responder events.

(Ord. No. 2961, 2998)

SEC. 16-504.2. PURPOSE AND INTENT.

(A) Firearm ranges may be established, subject to all other provisions of this chapter and division, only in the limited manufacturing (M-L) zoning district. For the purposes of this division, the establishment of any firearm range shall include the locating and opening of such a business as a new business, the relocation of such business, the conversion of an existing business location to a firearm range, or the expansion of an existing firearm range.

(B) Locational criteria. In the M-L zoning district, no firearm range may be established within the following proximity to the sensitive uses identified below:

(1) Within 600 feet of any residentially zoned property;

(2) Within 600 feet of any day care center. For the purposes of this division, day care center includes any child or adult day care facility other than a family day care home and includes infant center, preschools, extended day care facilities for adults and/or children which involve the supervision of more than 14 persons for a period of less than 24 hours per day;

(6) Within 600 feet of the boundaries of the Oxnard Transportation Center and Oxnard Airport;

(7) Within 600 feet of any medical clinic;

(8) Within 600 feet of any hospital; and

(9) Within 200 feet of another legally authorized firearm and ammunition sales business or firearm range.

(D) Permit requirements and conditions. The establishment of a firearm range is permitted only on approval of a special use permit, as provided in sections 16-530 through 16-553.

(1) In addition to the application materials described in section 16-533, the following information shall be provided within an application for a special use permit:

(b) A business proposal detailing the proposed operation including the number of shooters to be accommodated, whether the range will emphasize training or competitive activities, what types of firearms and ammunition will be used, any special uses proposed (for example, advanced training, special weapons, or explosives), individual customer storage facilities, an account of the quantities, types, storage, and handling of any hazardous materials, and any ancillary services performed, including firearm repair and maintenance;

(d) Staff positions and responsibilities; and

(e) A parking study, prepared pursuant to section 16-651.

(a) Safety and security related to the design and operation of the proposed use, security and access control systems, and the like;

(b) Site and building target hardening;

(d) Weapons and ammunition storage;

(e) The maintenance of all required state, federal, and local licenses;

(f) Copies of a live-scan for all applicants for employment, submitted to the police chief or his/her designee;

(g) Liability and risk management;

(h) Mitigation of potential environmental issues (noise, ventilation, cleaning, and the like); and

(i) Health, safety, and trauma procedures and equipment for employees.