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Port Hueneme City Zoning Code

PART J

- PD: Planned Development Zone

10580 - Purpose.

The purpose of this Chapter is to provide a superimposed zone which may be attached to the various zoning districts within the City so as to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, community facilities and commercial and industrial uses.

10581 - Location of zone.

The PD (Planned Development) Zone designation applies to all property so designated on the Zoning Map of the City as of the date of this Chapter and as may subsequently be added by ordinance of the Council. In addition, all property described below is hereby placed in the PD Zone:

A.

All parcels contained within the Coastal Zone as set forth on the Post LCP Certification Permit and Appeal Jurisdiction Map referenced in Section 10356(A) of this Article.

B.

All parcels not zoned R-1, R-2 or R-3 which abut land contained within an R-1 Zone.

10582 - Development standards.

The development standards prescribed herein apply solely to residential and commercial properties zoned PD which contain not less than twenty-thousand (20,000) square feet. The development standards of the underlying districts within which the aforementioned properties are located are superseded by the standards prescribed herein and additional standards which may be imposed pursuant to Section 10352(F); provided, however, that the provisions of this Section in no way change or supersede the uses permitted in the underlying zone district within which such properties are located nor do the provisions of this Section supersede the Development Standards specified in Chapter 3, Part A of this Article, Use and Maintenance Standards specified in Chapter 2, Part B of this Article, or Use Regulations specified in Chapter 2, Part A of this Article.

A.

Conventional Single-Family Planned Developments.

1.

Lot Area. A minimum lot area of four-thousand (4,000) square feet per dwelling unit shall be allowed; provided, however, that the average lot area in a single planned development shall be five-thousand (5,000) square feet.

2.

Front and Rear Yard. A minimum front and rear yard setback of fifteen (15) feet shall be allowed.

3.

Side Yard. No side yard setback shall be required; provided, however, that a minimum of ten (10) feet is maintained between a structure on the immediately adjacent lot. This minimum standards shall be maintained unless one of the following conditions prevail:

a.

Structures which abut private areas such as a plaza, park, mall or other permanent open space may abut the common property line and have openings onto such appurtenances; or

b.

An attached or detached garage or carport may abut a side property line or another structure; provided, however, that no garage openings are located on the abutting surface.

4.

Garages. A minimum setback of twenty (20) feet from the ultimate street right-of-way and front-on garages shall be required; provided, however, that this minimum standard may be decreased to within ten (10) feet of this ultimate street right-of-way if the garage is side loaded. Sectional doors with automatic garage door openers shall be required where necessary to provide parking on site or safe travel on driveways. All garage doors shall have architectural treatment or detail.

5.

Building Site Coverage. Building site coverage shall include all areas under a roof excluding trellis areas and shall be limited by setback requirements only.

6.

Height. A maximum height of thirty-five (35) feet shall be allowed for any one building and the overall average height for all buildings within a single project shall not exceed thirty (30) feet.

7.

Density. The number of dwelling units allowed within a single planned development shall be governed by the density standards applicable to the underlying zone district within which the property is situated.

8.

Utility Meters. All wall-mounted utility meters shall be screened or integrated into the building design.

B.

Townhouse, Condominium, and Apartment Planned Developments.

1.

Setbacks.

a.

General Provisions. As used in this Section, the following definitions and provisions shall apply:

1)

Setback. The term "setback" shall mean the shortest horizontal distance between a structure and the relevant reference point. In cases of unique building or site design, minimum average setbacks for all structures within a project pursuant to Section 10582(B)(1)(c) shall be determined by the Director of Community Development on the basis of predominant exterior building features rather than the closest point of a structure to a relevant reference point; provided, further, that setbacks between structures which abut a common driveway or which are separated by a street shall not be included within the computation of minimum project averages.

2)

Structure. The term "structure", as defined in Section 10110, shall include the outermost limits of a lot or dwelling including patios, balconies, entry courts, and other such similar features germane to such lot or dwelling.

3)

Right-of-Way. The term "right-of-way", as it applies to private streets, shall mean the outermost improved limits of a street as measured from curbface to curbface.

b.

Building Minimums. The following setbacks constitute the minimum required for all structures:

1)

Off-Street Parking. Five (5) feet from open, unenclosed off-street parking;

2)

Interior Streets. Ten (10) feet from interior street rights-of-way;

3)

Perimeter Boundaries. Ten (10) feet from property lines where such boundaries do not otherwise abut a perimeter street;

4)

Perimeter Streets. Fifteen (15) feet from perimeter street rights-of-way; and

5)

Building Separations. Fifteen (15) feet between on-site structures.

c.

Project Averages. The following setbacks constitute the minimum average required for all structures, collectively, within a single planned development:

1)

Off-Street Parking. Ten (10) feet from open, unenclosed off-street parking;

2)

Interior Streets. Fifteen (15) feet from interior street rights-of-way;

3)

Perimeter Boundaries. Fifteen (15) feet from property lines where such boundaries do not otherwise abut a perimeter street;

4)

Perimeter Streets. Twenty (20) feet from perimeter street rights-of-way; and

5)

Building Separations. Twenty (20) feet between on-site structures.

2.

Exceptions. These minimum setback standards shall be maintained unless one of the following conditions prevail:

a.

Structures which abut public areas such as a plaza, park, mall or other permanent open space may abut the common property line and have openings onto such appurtenances; or

b.

An attached or detached garage or carport may abut a side property line or another structure; provided, however, that no garage openings are located on the abutting surface.

3.

Garages. A minimum setback of twenty (20) feet from the ultimate street right-of-way and front-on garages shall be required; provided, however, that this minimum standard may be decreased to within ten (10) feet of the ultimate street right-of-way if the garage is side loaded. Sectional doors with automatic garage door openers shall be required where necessary to provide parking on site or safe travel on driveways. All garage doors shall have architectural treatment or detail.

4.

Building Site Coverage. Building site coverage, including all areas under a roof excluding trellis areas, shall not exceed sixty-five (65) percent of the net site area.

5.

Height. A maximum height of forty-five (45) feet shall be allowed for any one building and the overall average height for all buildings within a single project shall not exceed thirty-five (35) feet.

6.

Density. The number of dwelling units allowed within a single planned development shall be governed by the density standards applicable to the underlying zone district within which the property is situated.

7.

Storage Areas. Each dwelling unit shall be provided with a storage area of a minimum of 225 cubic feet which may be included in the garage area, but may not intrude into the minimum garage dimensions.

8.

Utility Meters. All wall-mounted utility meters shall be screened or integrated into the building design.

C.

Commercial Planned Developments.

1.

Setbacks.

a.

Perimeter Boundaries. A minimum setback of five (5) feet shall be maintained from all street rights-of-way and property lines; provided, however, that this minimum shall be increased by five (5) feet for each story above the second floor.

b.

Residential Adjacency. No structure shall be located closer to an adjacent residentially zoned parcel than at a distance equal to one-half (½) the height of the structure.

2.

Height. A maximum height of seventy-five (75) feet shall be allowed for all buildings.

3.

[Reserved.]

4.

Parking.

a.

General. Parking may be located on a continuous site; provided, however, that an agreement recorded with the County Recorder's Office shall be executed providing for reservation of the use of the contiguous site for parking. This agreement shall be signed by the owner(s) of the contiguous site and filed with the Department of Community Development.

b.

Landscaping. Planter area curbs may be used in place of wheel stops; provided, however, that such planter areas are not less than six (6) feet in width.

5.

Signs.

a.

General. In addition to those signs permitted in Section 10303(D), additional monument and special identification signs may be allowed under the circumstances delineated in Sections 10582(C)(5)(b) and 10582(C)(5)(c) below and provided that such additional signs are compatible with the design features applicable to a commercial planned development.

b.

Monument Signs. In a shopping center or multiple business property which has a second or third ingress/egress from a street other than the right-of-way which serves as the property's principal frontage, which ingress/egress is separated from the principal frontage by one or more separate parcels of record and which provides access to secondary business entrances and parking areas, an additional monument sign with an area of one-half (½) square foot of sign area per linear foot of street frontage is permitted subject to all other conditions specified in this Section; provided, further, that the additional monument sign allowed herein may only be erected adjacent to the secondary or tertiary ingress/egress which serves such property.

c.

Special Identification Signs. In a shopping center or multiple business property which has a second or third ingress/egress from a street other than the right-of-way which serves as the property's principal frontage, a special identification sign may be permitted, which signs may include, but are not limited to, thematic towers and roof mounted structures; provided, however, such signs may be used only to identify the property as a whole as differentiated from advertising signs which incorporate the names or products associated with individual businesses.

6.

Refuse Collection and Loading Areas.

a.

Location. Storage or refuse collection shall not be permitted within front or side yard areas. Street side loading may be allowed; provided, however, that such areas are screened from view of adjacent streets.

b.

Screening. All outdoor storage and refuse collection areas shall be screened so materials stored within these areas shall not be visible from any access street, freeway, or adjacent property. Outdoor storage of all company owned and operated motor vehicles, except for passenger vehicles, shall be screened from view from all access streets, freeways, and adjacent properties.

D.

Architectural Guidelines. The following colors, materials, and related architectural elements are generally illustrative of compatible and incompatible design features applicable to both residential and commercial planned developments:

1.

Compatible Design Features.

a.

Earth-tone colors and materials such as off-white, off-red, and beige; subdued yellow or orange, orange-red, red, burnt red, and brown; and natural greens.

b.

Heavy wood beams; stucco, stained concrete and slumped stone finishes; wood siding, masonry veneers, split-face block, brick, used-brick, and cast concrete.

c.

Tile, concrete tile, shake, shingle, slate, and clay roofs.

d.

Hip or gable roofs on small one (1) story structures.

e.

Wood-capped fences, ornaments, railings, and fixtures.

f.

Arches and overhanging eaves.

g.

Careful and creative landscaping to enhance, to highlight and to strengthen the design characteristics of on-site improvements.

h.

Low profile monument signs.

i.

Patterned concrete walkways, street entries, and driveway approaches.

2.

Incompatible Design Features.

a.

Bright, shiny, or non-textured metal or exterior surfaces; porcelain, plastic or similar surfaces of non-earthen hues.

b.

Bright, fluorescent type or non-earthen tone colors.

c.

Exposed mechanical equipment, including vents and exhausts; above ground telephone and electrical lines of twelve (12) KV or less; unscreened transformer or terminal equipment.

d.

Nondescript or boxy buildings without facade or other recognizable characteristic or distinctive style or theme; any building design that is dominated or intended to be dominated by signs or commercial advertising.

e.

Lighting accentuating or intending to accentuate advertising or not shielded and not arranged to reflect away from any adjoining property.

f.

Paper, cloth, plastic, and metal flags or other similar devices reflecting display purposes.

g.

Extensive chain link fencing without offsetting landscaping features.

h.

Unscreened or unobstructed loading docks and trash and service areas.

i.

Plastic or artificial plants or landscaping.

E.

Exceptions. In cases of unique building or site design, minor deviations in the Development Standards prescribed in this Section 10582 may be allowed at the discretion of the Director of Community Development where, on the basis of predominant exterior building and site features, the strict application of this section may work contrary to the intent of this Chapter.

(Ord. No. 795, § 2, 1-16-24)

10584 - Development review.

A.

Applicability. All projects involving property situated within a PD Zone are subject to the Development Review Procedures specified in Chapter 3, Part B of this Article; provided, however, that the following classes of development shall be exempt:

1.

Improvements to Existing Developed Properties. Improvements to existing developed properties shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as such properties and improvements meet all of the following criteria:

a.

Qualification of Property. The property upon which improvements are proposed:

1)

Has, as of the effective date that such property was initially zoned PD, been developed in accordance either with the development standards of the underlying zone district within which the property is situated or in accordance with those development standards prescribed in Section 10582 of this Chapter; and

2)

Is not governed by a pre-existing development permit issued by the City which serves the same general function and purpose as that prescribed in Sections 10532 and 10533 of this Article.

b.

Qualification of Improvements. The improvements proposed do not constitute a major modification as defined in Section 10352(H)(2) nor constitute reconstruction, alteration or use of a pre-existing nonconforming building as defined in Section 10546.

2.

Repair and Maintenance. Repair and maintenance of existing developed properties and unimproved vacant land shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as such repair and maintenance does not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance.

3.

Permitted Uses of Existing Developed Properties. Permitted uses of existing developed properties shall be exempt from the requirements of Sections 10352 and 10353 of this Article so long as all of the following criteria is met:

a.

Use Limitation. The use or uses proposed consist of permitted uses as listed in the underlying zone district within which the property is situated.

b.

Improvement Limitation. The use or uses proposed do not involve any physical alteration of land or structure other than improvements which are clearly incidental or accessory to the use including, but not limited to, furnishings, equipment and signs; provided, further, that such improvements may be allowed only if they do not constitute a major modification as defined in Section 10352 (H)(2) and are otherwise consistent with the provisions of any pre-existing development permit which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article.

c.

Code Compliance. The use or uses proposed are in compliance with the Development Standards specified in Chapter 3, Part B of this Article, Use and Maintenance Standards specified in Chapter 2, Part B of this Article, and Use Regulations specified in Chapter 2, Part A of this Article.

4.

Replacement Due to Natural Disaster. Replacement of any structure, other than a public works facility, destroyed by natural disaster shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as all of the following criteria is met:

a.

Use Limitation. The replacement structure is to be for the same use as the destroyed structure.

b.

Improvement Limitation. The replacement structure does not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent and is to be sited in the same location on the affected property as the destroyed structure.

c.

Code Compliance. The replacement structure is in compliance with the development standards applicable in the underlying zone district within which the affected property is situated.

d.

General Provisions. As used in this Section, the following definitions and provisions apply:

1)

Natural Disaster. The term "natural disaster" shall mean any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.

2)

Bulk. The term "bulk" shall mean the total interior cubic volume as measured from the exterior surfaces of a structure.

5.

Abatement of Nuisances. Abatement of public nuisances under the provisions of Chapter 2, Part B of this Article shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as curative actions are limited to:

a.

Repair, Rehabilitation, Vacation and Removal. Repair, rehabilitation, vacation or removal of the conditions which constitute the public nuisance to the extent necessary to remedy the same.

b.

Demolition. Demolition of the premises wherein the conditions which constitute the public nuisance endanger the life, limb, health, property, safety, or welfare of the public or occupants thereof.

6.

Categorical Exclusions.

a.

Single Family Residences. The construction of a single-family residence shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as all of the following criteria is met:

1)

Qualification of Property. The property upon which construction is proposed:

a)

Is not governed by a pre-existing development permit issued by the City which serves the same general function and purpose as that prescribed in Section 10352 and 10353 of this Article;

b)

Is limited to an existing, single legal lot of record, not in conjunction with the construction of two (2) or more single-family residences; and

c)

Is not located in or on nor is comprised of any of the following:

1/

Tide or submerged land, beaches, or lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach; or

2/

Land or water subject to the public trust.

2)

Qualification of Construction. The use and improvements proposed:

a)

Consist solely of permitted uses and improvements as listed in the underlying zone district within which the property is situated; and

b)

Conform with the development standards applicable to the underlying zone district within which the property is situated.

b.

Demolition. The demolition of structures shall be exempt from the provisions of Sections 10352 and 10353 of this Article so long as all of the following criteria is met:

1)

Qualification of Property. The property upon which demolition is proposed:

a)

Is not governed by a pre-existing development permit issued by the City which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article;

b.

Is not situated within a Park Reserve (P-R) Zone nor is it deemed to be of historical, archaeological or architectural significance; and

c)

Is not located in or on nor is comprised of any of the following:

1/

Tide or submerged land, beaches, or lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach; or

2/

Land or water subject to the public trust.

2)

Qualification of Structure. The demolition proposed:

a)

Is limited to the following:

1/

Single-family residences not in conjunction with the demolition of two (2) or more units;

2/

Apartments and duplexes designed for not more than four (4) dwellings units if not in conjunction with the demolition of two (2) or more such structures;

3/

Stores and offices if designed for an occupant load of twenty (20) persons or less, if not in conjunction with the demolition of two (2) or more such structures;

4/

Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences; or

5/

A combination of the foregoing, not in conjunction with more than one (1) legal lot of record; and

b)

Is excluded from the replacement requirements of Section 65590 of the California Government Code.

c.

Public Works Projects. Public works projects, as defined by California Public Resources Code Section 30114, which do not otherwise meet the criteria specified in Sections 30610, 30610.5, 30611 or 30624 of said Code, shall be exempt from the provisions of Chapter 3, Part B of this Article so long as all of the following criteria is met:

1)

Qualification of Property. The property involved as part of the public works project:

a)

Is not governed by a pre-existing development permit issued by the City which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article; and

b)

Is not located in or on nor is comprised of any of the following:

1/

Tide or submerged land, beaches, or lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is not beach; or

2/

Land or water subject to the public trust.

2)

Qualification of Improvements. The public works project is limited to the following:

a)

Public Facilities and Improvements. Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements under the following circumstances:

1/

Replacement and Upgrading. The facilities and improvements replaced or upgrade existing facilities and improvements without more than a minimal change in use, size, capacity, or location to the extent that such facilities and improvements do not constitute a major modification as defined in Section 10352(H)(2) of this Article (e.g., replacement of water or sewer lines, undergrounding of utilities, public housing modernization, reconstruction of curbs and sidewalks, repaving streets, rehabilitation of public buildings); and

2/

Furnishings and Equipment. The facilities and improvements furnish or equip a site where its replacement and use is consistent with the use of that site and the action will not change the use, size, capacity, or character of the site (e.g., landscaping, street furniture, play equipment for established parks and playgrounds, fire protection equipment, street medians).

b.

Removal of Architectural Barriers. Special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned buildings, facilities, and improvements.

B.

Determinations of Exemption. Determinations as to whether a project is exempt from the requirements of Chapter 3, Part B of this Article under the provisions of Section 10583(A) shall be made by the Director of Community Development or his designated representative no later than the time which application is customarily made for either a business license or building permit; provided, further, that the following provisions shall apply:

1.

Qualification of Property. Where a project involves property which is governed by a pre-existing development permit which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article, such projects shall be processed as permit amendments in accordance with the provisions of Sections 10352(H) and 10353(F), as applicable.

2.

Qualification of Improvements. Where it is determined that a project is not exempt and the property involved is not governed by a pre-existing development permit which serves the same general function and purpose as that prescribed in Sections 10352 and 10353 of this Article, such projects shall require the issuance of new permits in accordance with the aforesaid Sections, as applicable.

3.

Ministerial and Special Use Permits. Where it is determined that a project is exempt under the provisions of Section 10583(A), yet the project constitutes an action for which either a Ministerial or Special Use Permit is otherwise required, such projects shall be subject to the requirements of Sections 10354 and 10355, as applicable.

C.

Retroactivity. All property situated within a PD Zone which is governed by a pre-existing development permit issued by the City and which serves the same general purpose and function of that prescribed in Sections 10352 and 10353 of this Article, shall, as of the effective date of this Chapter, be deemed to be in conformance with the development standards prescribed in Section 10582 of this Chapter and the development standards of the underlying zone district within which such property is situated; provided, however, that such property must otherwise be in compliance with the terms and conditions of the development permit issued pursuant thereto; provided, further, that all future improvements to such property must hereinafter comply, in all respects, with the provisions of this Article.

(Ord. 611 § 1(6), 1996)