- R-4: Mixed Use Residential Zone1
Editor's note— Ord. No. 821, § 2(Exh. A), adopted Dec. 2, 2024, amended Part D in its entirety to read as herein set out. Former Part D, §§ 10460—10466, pertained to similar subject matter and derived from Ord. 626 § 2(43) (part), 1999; Ord. No. 711, § 9, 11-5-2012; and Ord. No. 714, § 3, 4-7-2014.
The purpose of the R-4 Mixed Use Residential Zone is to encourage retail, commercial and office activities in conjunction with residential uses in order to create convenience and an active street life environment, enhance personal safety by ensuring the presence of people on the streets at different times, and promote the vitality of the businesses in the City. Attention must be given to the design of mixed use projects to ensure that the potential noise, traffic, and safety impacts of commercial activities will not adversely affect the quality of life for residents of a project.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
"Assembly" means an establishment offering entertainment, social exchange, religious services, educational training, or other instructional services to groups of people. Examples include performance venues, movie theaters, religious institutions, community centers, college or university extension programs, group addiction services, social clubs, community centers, or similar uses.
"Auto related uses" means establishments offering sales, rental or repair of vehicles or vehicle accessories or parts including, fuel sales, auto dealerships, auto rental, auto repair, parts supply, car washes, and marine sales and service.
"Cultural and community uses" means establishments that provide services or facilities for the general public and include uses such as government offices, civic centers, libraries and museums.
"Finess and health establishment" means commercial or nonprofit facilities, such as fitness centers and health and athletic clubs, oriented toward promoting physical health. Such facilities can include any of the following: gymnasium, swimming pool, exercise equipment, indoor sauna, spa or hot tub facilities, indoor tennis, handball, racquetball, and other indoor sports activities.
"Hotel/motel" means an establishment offering lodging to transient patrons. These establishments may provide additional ancillary services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes auto courts, motor lodges, motels, hostels, hotels and extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses or residential hotels designed or intended to be used for sleeping for a period of thirty (30) consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property, and private residential units rented as short-term rental units.
"Low barrier navigation center" means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined by Government Code Section 65660 and Welfare and Institutions Code Section 8255.
"Professional/administrative/medical office" means an establishment where the managerial, administrative, and clerical functions of a business or industry are conducted, or where members of a profession (e.g., doctors or attorneys) conduct their practice. This includes architectural or engineering firms, computer software consulting, data management, financial services, interior design, graphic design, real estate, insurance, legal offices, medical/dental offices, urgent care, veterinary clinics without kenneling services, medical clinics, on-site medical or dental testing, travel services, recording studios, and title offices.
"Recreation facility, commercial" means establishments providing indoor or outdoor amusement and entertainment services for a fee or admission charge, including bowling alleys, amusement and electronic game arcades, tennis courts, ice skating and roller-skating rinks, pool and billiard rooms as a primary use.
"Restaurant" means a restaurant or similar establishment offering food and/or beverages for sale for consumption on or off the premises.
"Services, major" includes the following:
A.
An establishment larger than five thousand (5,000) gross square feet in area offering the direct provision to the customer of personal services;
B.
Dry cleaning/dyeing (retail only);
C.
Mortuaries.
"Service, minor" includes the following establishments if five thousand (5,000) gross square feet or less in area:
A.
Animal Service: An establishment offering the provision of boarding associated with veterinary services, grooming, or veterinary services for small common household animals.
B.
Bank (Retail): Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money and includes on or off-site automatic teller machines.
C.
General Service: An establishment offering the direct provision to the customer of personal services including barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, mail and packing service centers, self-service laundries, locksmiths, and appliance repair.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community.
"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other population, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
The following uses may be permitted in the R-4 Zone and shall be reviewed ministerially pursuant to Section 10354.
A.
One-family dwellings;
B.
Two-family dwellings;
C.
Condominiums, apartments or townhouses (fewer than six (6) units);
D.
Community care facilities as defined in Section 1502 of the State Health and Safety Code which include, but are not limited to: employee housing, group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, and child day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;
E.
Small family day care homes;
F.
Supportive housing;
G.
Transitional housing;
H.
Low barrier navigation centers, subject to compliance with California Government Code Section 65660 et seq. and Welfare and Institutions Code Section 8255, and as they may be amended from time to time;
I.
Developments qualifying for ministerial permitting in accordance with SB35 and AB 2011; and
J.
All uses currently listed as permitted uses in the C-1 (General Commercial) zone (pursuant to Section 10481) on properties rezoned from C-1 to R-4 prior to July 1, 2025.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
The following uses may be permitted in the R-4 Zone subject to the issuance of an Administrative Permit pursuant to Section 10353 provided that the total floor area of non-residential uses:
A.
Comprise no more than fifty (50) percent of the total usable floor space of the overall project area; and
B.
Do not exceed five thousand (5,000) gross square feet in area per business.
1.
Condominiums, apartments, or townhouses (comprising more than six (6) units and less than twenty (20) units);
2.
Transitional housing (comprising more than six (6) units and less than twenty (20) units);
3.
Assembly;
4.
Fitness and health establishment;
5.
Services, minor.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
The following uses may be permitted in the R-4 Zone subject to the issuance of a Conditional Use Permit pursuant to Section 10352 as a component of a mixed-use project if non-residential uses comprise no more than fifty (50) percent of the total usable floor space of the overall project area. The applicant must show that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated including a finding that any proposed residential uses will not be exposed to offensive noise, especially from traffic or late-night activity or obnoxious odors generated on-site or in the immediate vicinity; provided, further, that the Conditional Use Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of such permit:
A.
Condominiums, apartments, or townhouses (comprising twenty (20) or more units);
B.
Transitional housing (comprising twenty (20) or more units);
C.
Assembly (over five thousand (5,000) gross square feet in area);
D.
Alcoholic beverage sales/serving establishments excluding Beverage Control Act Type 41 licenses which may be permitted by issuance of an administrative permit;
E.
Cannabis uses, including stand-alone distribution (refer also to PHMC Article III, Chapter 12);
F.
Cultural/community facilities;
G.
Fitness and health establishments;
H.
Hotels/motels;
I.
Recreation, commercial;
J.
Restaurant, fast-food with drive-thru;
K.
Service stations;
L.
Services, major;
M.
Services, minor (over gross five thousand (5,000) square feet in area);
N.
Notwithstanding any other provisions of this Section 10464, for properties rezoned from C-1 to R-4 prior to July 1, 2025, all uses conditionally permitted in the C-1 (General Commercial) zone (pursuant to Section 10842) and permitted or conditionally permitted in the C-S (Special Commercial Zone (pursuant to Sections 10501 and 10502) that are not otherwise permitted under Section 10462, are permitted subject to the issuance of a Conditional Use Permit pursuant to Section 10352 and need not be a component of a mixed-use project; and
O.
Residential units may be developed on Key Development Site 1 in Area K — Channel Islands as a part of a mixed-use development, only if the residential uses are developed concurrently with a minimum of nineteen thousand (19,000) square feet of ground floor commercial of which three thousand three hundred (3,300) square feet may consist of live/work space. All ground floor square footage fronting Victoria Avenue shall only be developed with commercial space. A lease or rental agreement shall be required for all tenant(s) of live/work space, limiting the use of such space to solely live/work.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
In addition to the land use provisions and development standards specified in Chapters 2 and 3 of this Article, all property designated R-4 shall be subject to the following development standards:
A.
Maximum Building Height. No building hereinafter erected or structurally altered shall exceed a height of forty-five (45) feet, or sixty (60) feet if at least one-third (⅓) of the building's square footage is devoted to residential activities, unless incentives are obtained, per Section 10467.
B.
Density.
1.
The maximum residential density shall be twenty-five (25) dwelling units per acre, unless incentives are obtained, per Section 10467. If the aggregate number of dwellings allowed pursuant to this density results in a fraction of a unit, the closest whole number of dwelling units above or below one-half (½) shall be used.
2.
The minimum residential density shall be twenty (20) dwelling units per acre.
C.
Front Yard. No front yard shall be required except as necessary to conform with off-street parking and landscape standards pursuant to Chapter 3, Part A, of this Article.
D.
Rear and Side Yards.
1.
Interior and standard corner lots for lots abutting a lot zoned R-1, R-2, R-3 or R-5:
a.
Lots zoned R-4 that contain buildings not exceeding two and one-half (2½) stories in height shall have a side and rear yard on each side of the building of not less than four (4) feet in width.
b.
For lots zoned R-4 with buildings exceeding two and one-half (2½) stories in height, each side yard shall be increased one (1) foot in width for each additional story, or a fraction thereof, above the second floor.
2.
Reversed Corner Lots. Where the rear of a reversed corner lot abuts upon the rear of a lot in any R-1, R-2 or R-3 Zone, the side yard on the street side of the reversed corner lot shall be not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot.
3.
In all other cases, a side yard for an R-4 property shall not be required.
E.
Off-street Parking. Parking requirements for residential uses permitted under this Chapter shall be in accordance with Section 10301, Off-street Parking.
F.
Open Space.
1.
A minimum of two hundred (200) square feet of open space shall be provided per dwelling unit.
2.
Open space may be provided as private or common open space or a combination thereof. Up to fifty (50) percent of the required front yard setbacks may be counted toward the provision of open space if dedicated to private use by occupants of a single dwelling unit.
3.
Common open space areas shall be a minimum of fifteen (15) feet in any dimension.
4.
Private open space areas shall be a minimum of fifty (50) square feet and no smaller than four (4) feet in any dimension.
G.
Landscaping. Landscaping shall be provided in accordance with Port Hueneme Municipal Code Section 10302 and the City of Port Hueneme Landscape Design Guidelines.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
All uses approved pursuant to this Chapter shall incorporate and provide the following design standards:
A.
Building Location and Orientation.
1.
Pedestrian Entrances. Primary pedestrian entrances for each residential unit (or the single primary pedestrian entrance if shared) shall face the public street, a shared pedestrian paseo, or a common courtyard.
2.
Creation of Outdoor Spaces. Multiple residential buildings on a single lot shall be arranged to create outdoor spaces such as courtyards, pathways, paseos, and recreational areas, with windows facing the outdoor spaces.
3.
Residential amenities, such as rooftop pools, community rooms and gyms, are permitted above residential units. Non-residential uses shall not be located on floors directly above residential units.
B.
Building Form.
1.
Upper Story Massing. Where the uppermost floor(s) of a building is higher than two (2) stories, floor area of the uppermost floor(s) shall be reduced a minimum of ten (10) percent compared to the ground floor.
2.
Roofline Variation. Rooflines along elevations facing a public street shall be articulated using at least one (1) of the following techniques:
a.
A change in parapet wall or roof height of at least one (1) foot for a distance of at least thirty (30) feet for buildings up to three (3) stories tall, and at least two (2) feet for a distance of at least thirty (30) feet for buildings taller than three (3) stories.
b.
A change in roof pitch, form, or direction.
c.
Inclusion of dormers, gables, parapets, chimneys, and/or varying cornices.
3.
Building Plane. In no case shall a building plane visible from the public right-of-way or public open space extend for more than fifty (50) feet without a massing break of a minimum of one (1) foot in depth and four (4) feet in width for buildings three (3) stories or fewer in height, and a minimum of two (2) feet in depth and six (6) feet in width for buildings taller than three (3) stories.
C.
Building Façade and Architectural Features.
1.
Consistency with Architectural Style. Façade details shall be appropriate to, and consistent with the building's architectural style and be carried through the entire structure and any accessory structures. Additions or alterations to an existing structure, materials, and finishes (including windows and doors) shall be consistent with the chosen architectural style of the project, or the entire structure shall be remodeled in a single architectural style.
2.
Rear and Side Elevation Enhancements. Rear and side elevations that are exposed to public view shall be treated with a minimum of seventy-five (75) percent of the number of architectural treatments appropriate to the chosen architectural style as the front elevations.
3.
Building Floors for Residential Uses. The floors devoted to residential units shall provide an exterior appearance and character which denotes it as housing and is visibly different from the commercial floors through the use of patios, balconies, changes in fenestration, and appropriate levels of detail while maintaining a cohesive quality.
4.
Color and Material Changes. Material and color changes shall occur at an inside corner, underside of a massing element, or wrapped to an appropriate termination point, such as a roof break, bay window, change in wall plane, or enhanced trim element.
5.
Glare. Reflective surfaces and materials, such as mirrored glass and polished aluminum are prohibited.
6.
Treatment of Accessory Structures. Accessory structures, such as, but not limited to, garages, carports, and enclosures for mechanical and service areas shall be architecturally consistent with primary structure(s) on the site.
D.
Entries.
1.
Exterior building entry doors and entry ways shall be protected with at least one (1) of the following features: overhangs, recesses, porches, trellises, or other weather-protection features covering an area at least three (3) feet in depth and four (4) feet in width.
2.
Nonresidential and residential uses located on the same floor shall not have common entrance hallways or entrance balconies.
3.
The residential uses shall have a separate and secured entrance and exit that is directly accessible to the on-site parking.
E.
Windows.
1.
Windows and doors facing a public street, or a pedestrian-oriented space shall be trimmed, recessed or inset, grouped, and/or incorporate enhancement details such as headers/sills, shutters, trellises, awnings, or Juliet balconies consistent with the chosen architectural style of the project.
2.
If a proposed project includes a ground floor commercial component, ground floor windows and openings of the commercial component facing the street shall constitute a minimum of sixty-five (65) percent of the street-level building façade.
F.
Common Walls. Common walls, floors and ceilings between residential and nonresidential uses shall be constructed so that vibration is minimized and residential unit interior noise levels do not exceed fifty (50) decibels.
G.
Refuse and Recycling Storage.
1.
The residential units shall provide and maintain a refuse storage container separate from that used by the commercial uses. Such container shall be clearly marked for residential use only and that use by commercial businesses is prohibited.
2.
All outdoor storage and refuse collection areas shall be screened so that materials stored within these areas shall not be visible from any access street or adjacent property.
3.
Refuse enclosures shall be constructed of concrete block, shall be architecturally compatible with the primary structure(s) on-site, shall include opaque, decorative opaque gates, shall provide an opening so that pedestrians can access the dumpsters without opening the large gates, shall include lighting for night time security and use, and shall incorporate roof structures to help improve stormwater quality and to screen the enclosure from views from above. Sizing of the enclosures shall conform to the requirements of the City Public Works Department.
4.
Exterior walls of outdoor storage and refuse collection areas shall be treated with anti-graffiti coating and shall be surrounded with landscaping of sufficient size so that a minimum of seventy-five (75) percent of the enclosure is screened within one (1) year.
H.
Mechanical and Utility Equipment. Mechanical and utility equipment (e.g., heating, cooling, antennas, air conditioners, transformers, electric and gas meters, junction boxes, or similar equipment) shall be concealed from public view with landscaping, walls, fencing or, if roof mounted, with roof wells or other architectural features, to the maximum extent feasible and as allowed by the utility service provider.
I.
Parking and Loading Facilities.
1.
Parking and Loading Standards. With the exception of Section 10463(F), parking and loading areas for multi-family residential projects shall be designed in accordance with Municipal Code Section 10301.
2.
Surface parking lots and garages shall be located to the side or rear of buildings and not adjacent to public roadways. Surface parking spaces shall be set back at least thirty (30) feet from the front property line.
3.
In townhouse or rowhouse type developments, trees and/or planting of at least six (6) square feet shall be provided adjacent to garage doors facing alleys and motor court drives to soften the appearance of the building.
4.
Separate Parking for Commercial and Residential Uses. Parking spaces for nonresidential and residential uses shall be specifically designated by posting, pavement marking and/or physical separation.
5.
Bicycle parking shall be provided as follows:
a.
Short-term Visitor Bicycle Parking. A permanently anchored bicycle rack located within two hundred (200) feet of the visitors' entrance and readily visible to passersby, which contains a minimum of one (1) bicycle space per twenty (20) visitor vehicular parking spaces, with a minimum of one (1) two-bike capacity rack.
b.
Long-term Bicycle Parking. For new buildings with ten (10) or more tenant-occupied spaces, or additions or alterations that add ten (10) or more tenant-occupied spaces, one (1) bicycle parking space shall be provided for twenty (20) tenant vehicular parking spaces, with a minimum of one (1) bicycle parking facility. Bicycle parking facilities shall meet the requirements of the California Green Building Standards Code, and shall be located convenient from the street and meet one (1) of the following:
1)
Covered, lockable enclosures with permanently anchored racks for bicycles;
2)
Lockable bicycle rooms with permanently anchored racks; or
3)
Lockable, permanently anchored bicycle lockers.
c.
Bicycle racks, enclosures and lockers shall be located so as not to interfere with pedestrian or vehicular traffic, and shall be located out of the required ADA path of travel.
d.
Bicycle racks, enclosures and lockers shall be designed to protect bicycles from theft.
e.
Bicycle enclosures shall be architecturally compatible with the primary on-site structure(s).
J.
Landscape Elements. To achieve a cohesive appearance and compatibility of a new project with its surroundings, proposed projects shall include at least three (3) of the following landscape elements in the landscape plan:
1.
Pedestrian-scaled lighting
2.
Outdoor firepit with seating area
3.
Decorative paving
4.
Street tree within the front yard (fifteen (15) gallon size minimum)
5.
Seating opportunities, such as raised planters and walls.
K.
Outdoor Lighting.
1.
Outdoor lighting shall be installed and maintained along all vehicular access ways and common pedestrian walkways.
2.
Lighting of at least one (1) foot-candle (fc) shall be installed and maintained within all covered and enclosed parking areas and shall be screened to reduce glare onto public sidewalks and adjacent properties.
3.
Lighting levels shall not be increased by more than one (1) fc onto the public right-of-way and not more than 0.5 fc onto adjacent properties.
4.
Lighting shall be of a scale that is appropriate for the intended use (i.e., pedestrian-oriented along walkways) and light fixtures shall be architecturally compatible with the on-site structure(s).
5.
All outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
To encourage high-quality developments, the following incentives may be available to a project applicant, depending upon the number of project enhancements the applicant provides within their project, and subject to the discretionary approval by the decision-making authority. The provision of the incentives would be permissible whether the applicant also applied for a density bonus per Section 10803 or not.
A.
Incentives Types.
1.
A density increase of up to thirty (30) dwelling units/acre.
2.
Increase the base building height to accommodate one (1) additional floor of development (not to exceed an overall height limit of seventy-five (75) feet).
B.
Requirements to Achieve Incentives.
1.
A minimum of three (3) project enhancements, per subsection (C) below, shall be provided to be permitted either:
a.
A density increase to up to thirty (30) dwelling units per acre; or
b.
To increase the base building height by one (1) additional floor.
2.
A minimum of five (5) project enhancements, per subsection (C), below, shall be provided to be permitted a density increase to thirty (30) dwelling units/acre and to increase the base building height by one (1) additional floor.
C.
Project Enhancements.
1.
Provide a minimum of twenty (20) percent of the residential units affordable to extremely low-, very-low, or low-income households, which shall be interspersed within the development, shall be a mix of unit sizes, and shall not be distinguishable from the remainder of the residential units within the development (no in-lieu fee shall be allowed in exchange for providing said residential units).
2.
Minimum one (1) acre lot size.
3.
Provide high-quality details specific to the proposed architectural style of the project (i.e., the use of individual, lifted Spanish roof tiles, shutters in proportion to the adjacent window size, stone veneer on entire tower elements or wall planes, authentic timber beams, mixed-media signs, etc.).
4.
Provide dedicated public and/or private open spaces, including, but not limited to, playgrounds, plazas, greenways, urban gardens, pocket parks, terraces, seating areas, etc.
5.
Provide additional multi-modal transportation options, including, but not limited to, weather protection, shade features, adequate and at-scale lighting, bicycle valet service and/or storage, direct access to adjacent streets, car share agreements, etc.
6.
Provide fifty (50) percent or more of the site's paving surfaces as permeable.
7.
Achieve minimum Silver LEED level for the project.
8.
Provide safe on-site pedestrian zones, incorporating features such as wide sidewalks and paseos, pedestrian-friendly crosswalks and traffic-calming features.
9.
Include (via a signed lease or equivalent) one (1) or more types of businesses identified as needed in the City per the City's approved Economic Development Plan (i.e., grocery store, big box retailer, full-service restaurant, etc.).
(Ord. No. 821, § 2(Exh. A), 12-2-24)
No non-residential use listed in Sections 10463 and 10464 shall involve any kind of manufacture, processing or treatment of products other than that which is clearly germane to the use listed and is incidental to the retail business conducted on the premises and provided that no more than five (5) persons are employed in the manufacture, processing or treatment of products; provided, further, that no conditionally permitted use shall be allowed which involves any operation which is objectionable due to noise, odor, dust, smoke, vibration or other similar causes.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
Uses within the R-4 (Mixed Use Residential) Zone existing as of the effective date of this Chapter which are nonconforming to the permitted uses listed in Section 10461, may be continued or changed to a comparable nonconforming use provided that there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming uses nor any increase in the intensity of such uses and provided, further, that such uses were, on the effective date of this Chapter, in conformance with the underlying zone classification in effect immediately prior thereto provided.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
- R-4: Mixed Use Residential Zone1
Editor's note— Ord. No. 821, § 2(Exh. A), adopted Dec. 2, 2024, amended Part D in its entirety to read as herein set out. Former Part D, §§ 10460—10466, pertained to similar subject matter and derived from Ord. 626 § 2(43) (part), 1999; Ord. No. 711, § 9, 11-5-2012; and Ord. No. 714, § 3, 4-7-2014.
The purpose of the R-4 Mixed Use Residential Zone is to encourage retail, commercial and office activities in conjunction with residential uses in order to create convenience and an active street life environment, enhance personal safety by ensuring the presence of people on the streets at different times, and promote the vitality of the businesses in the City. Attention must be given to the design of mixed use projects to ensure that the potential noise, traffic, and safety impacts of commercial activities will not adversely affect the quality of life for residents of a project.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
"Assembly" means an establishment offering entertainment, social exchange, religious services, educational training, or other instructional services to groups of people. Examples include performance venues, movie theaters, religious institutions, community centers, college or university extension programs, group addiction services, social clubs, community centers, or similar uses.
"Auto related uses" means establishments offering sales, rental or repair of vehicles or vehicle accessories or parts including, fuel sales, auto dealerships, auto rental, auto repair, parts supply, car washes, and marine sales and service.
"Cultural and community uses" means establishments that provide services or facilities for the general public and include uses such as government offices, civic centers, libraries and museums.
"Finess and health establishment" means commercial or nonprofit facilities, such as fitness centers and health and athletic clubs, oriented toward promoting physical health. Such facilities can include any of the following: gymnasium, swimming pool, exercise equipment, indoor sauna, spa or hot tub facilities, indoor tennis, handball, racquetball, and other indoor sports activities.
"Hotel/motel" means an establishment offering lodging to transient patrons. These establishments may provide additional ancillary services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes auto courts, motor lodges, motels, hostels, hotels and extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses or residential hotels designed or intended to be used for sleeping for a period of thirty (30) consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property, and private residential units rented as short-term rental units.
"Low barrier navigation center" means a Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined by Government Code Section 65660 and Welfare and Institutions Code Section 8255.
"Professional/administrative/medical office" means an establishment where the managerial, administrative, and clerical functions of a business or industry are conducted, or where members of a profession (e.g., doctors or attorneys) conduct their practice. This includes architectural or engineering firms, computer software consulting, data management, financial services, interior design, graphic design, real estate, insurance, legal offices, medical/dental offices, urgent care, veterinary clinics without kenneling services, medical clinics, on-site medical or dental testing, travel services, recording studios, and title offices.
"Recreation facility, commercial" means establishments providing indoor or outdoor amusement and entertainment services for a fee or admission charge, including bowling alleys, amusement and electronic game arcades, tennis courts, ice skating and roller-skating rinks, pool and billiard rooms as a primary use.
"Restaurant" means a restaurant or similar establishment offering food and/or beverages for sale for consumption on or off the premises.
"Services, major" includes the following:
A.
An establishment larger than five thousand (5,000) gross square feet in area offering the direct provision to the customer of personal services;
B.
Dry cleaning/dyeing (retail only);
C.
Mortuaries.
"Service, minor" includes the following establishments if five thousand (5,000) gross square feet or less in area:
A.
Animal Service: An establishment offering the provision of boarding associated with veterinary services, grooming, or veterinary services for small common household animals.
B.
Bank (Retail): Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money and includes on or off-site automatic teller machines.
C.
General Service: An establishment offering the direct provision to the customer of personal services including barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, mail and packing service centers, self-service laundries, locksmiths, and appliance repair.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community.
"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other population, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
The following uses may be permitted in the R-4 Zone and shall be reviewed ministerially pursuant to Section 10354.
A.
One-family dwellings;
B.
Two-family dwellings;
C.
Condominiums, apartments or townhouses (fewer than six (6) units);
D.
Community care facilities as defined in Section 1502 of the State Health and Safety Code which include, but are not limited to: employee housing, group quarter transitional housing, residential facility, adult day care facility, day treatment facility, foster family home, small family home, social rehabilitation facility, community treatment facility, residential care facility for the elderly, and child day care center; provided, however, that the aforementioned uses serve six (6) or fewer persons;
E.
Small family day care homes;
F.
Supportive housing;
G.
Transitional housing;
H.
Low barrier navigation centers, subject to compliance with California Government Code Section 65660 et seq. and Welfare and Institutions Code Section 8255, and as they may be amended from time to time;
I.
Developments qualifying for ministerial permitting in accordance with SB35 and AB 2011; and
J.
All uses currently listed as permitted uses in the C-1 (General Commercial) zone (pursuant to Section 10481) on properties rezoned from C-1 to R-4 prior to July 1, 2025.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
The following uses may be permitted in the R-4 Zone subject to the issuance of an Administrative Permit pursuant to Section 10353 provided that the total floor area of non-residential uses:
A.
Comprise no more than fifty (50) percent of the total usable floor space of the overall project area; and
B.
Do not exceed five thousand (5,000) gross square feet in area per business.
1.
Condominiums, apartments, or townhouses (comprising more than six (6) units and less than twenty (20) units);
2.
Transitional housing (comprising more than six (6) units and less than twenty (20) units);
3.
Assembly;
4.
Fitness and health establishment;
5.
Services, minor.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
The following uses may be permitted in the R-4 Zone subject to the issuance of a Conditional Use Permit pursuant to Section 10352 as a component of a mixed-use project if non-residential uses comprise no more than fifty (50) percent of the total usable floor space of the overall project area. The applicant must show that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated including a finding that any proposed residential uses will not be exposed to offensive noise, especially from traffic or late-night activity or obnoxious odors generated on-site or in the immediate vicinity; provided, further, that the Conditional Use Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of such permit:
A.
Condominiums, apartments, or townhouses (comprising twenty (20) or more units);
B.
Transitional housing (comprising twenty (20) or more units);
C.
Assembly (over five thousand (5,000) gross square feet in area);
D.
Alcoholic beverage sales/serving establishments excluding Beverage Control Act Type 41 licenses which may be permitted by issuance of an administrative permit;
E.
Cannabis uses, including stand-alone distribution (refer also to PHMC Article III, Chapter 12);
F.
Cultural/community facilities;
G.
Fitness and health establishments;
H.
Hotels/motels;
I.
Recreation, commercial;
J.
Restaurant, fast-food with drive-thru;
K.
Service stations;
L.
Services, major;
M.
Services, minor (over gross five thousand (5,000) square feet in area);
N.
Notwithstanding any other provisions of this Section 10464, for properties rezoned from C-1 to R-4 prior to July 1, 2025, all uses conditionally permitted in the C-1 (General Commercial) zone (pursuant to Section 10842) and permitted or conditionally permitted in the C-S (Special Commercial Zone (pursuant to Sections 10501 and 10502) that are not otherwise permitted under Section 10462, are permitted subject to the issuance of a Conditional Use Permit pursuant to Section 10352 and need not be a component of a mixed-use project; and
O.
Residential units may be developed on Key Development Site 1 in Area K — Channel Islands as a part of a mixed-use development, only if the residential uses are developed concurrently with a minimum of nineteen thousand (19,000) square feet of ground floor commercial of which three thousand three hundred (3,300) square feet may consist of live/work space. All ground floor square footage fronting Victoria Avenue shall only be developed with commercial space. A lease or rental agreement shall be required for all tenant(s) of live/work space, limiting the use of such space to solely live/work.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
In addition to the land use provisions and development standards specified in Chapters 2 and 3 of this Article, all property designated R-4 shall be subject to the following development standards:
A.
Maximum Building Height. No building hereinafter erected or structurally altered shall exceed a height of forty-five (45) feet, or sixty (60) feet if at least one-third (⅓) of the building's square footage is devoted to residential activities, unless incentives are obtained, per Section 10467.
B.
Density.
1.
The maximum residential density shall be twenty-five (25) dwelling units per acre, unless incentives are obtained, per Section 10467. If the aggregate number of dwellings allowed pursuant to this density results in a fraction of a unit, the closest whole number of dwelling units above or below one-half (½) shall be used.
2.
The minimum residential density shall be twenty (20) dwelling units per acre.
C.
Front Yard. No front yard shall be required except as necessary to conform with off-street parking and landscape standards pursuant to Chapter 3, Part A, of this Article.
D.
Rear and Side Yards.
1.
Interior and standard corner lots for lots abutting a lot zoned R-1, R-2, R-3 or R-5:
a.
Lots zoned R-4 that contain buildings not exceeding two and one-half (2½) stories in height shall have a side and rear yard on each side of the building of not less than four (4) feet in width.
b.
For lots zoned R-4 with buildings exceeding two and one-half (2½) stories in height, each side yard shall be increased one (1) foot in width for each additional story, or a fraction thereof, above the second floor.
2.
Reversed Corner Lots. Where the rear of a reversed corner lot abuts upon the rear of a lot in any R-1, R-2 or R-3 Zone, the side yard on the street side of the reversed corner lot shall be not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lot.
3.
In all other cases, a side yard for an R-4 property shall not be required.
E.
Off-street Parking. Parking requirements for residential uses permitted under this Chapter shall be in accordance with Section 10301, Off-street Parking.
F.
Open Space.
1.
A minimum of two hundred (200) square feet of open space shall be provided per dwelling unit.
2.
Open space may be provided as private or common open space or a combination thereof. Up to fifty (50) percent of the required front yard setbacks may be counted toward the provision of open space if dedicated to private use by occupants of a single dwelling unit.
3.
Common open space areas shall be a minimum of fifteen (15) feet in any dimension.
4.
Private open space areas shall be a minimum of fifty (50) square feet and no smaller than four (4) feet in any dimension.
G.
Landscaping. Landscaping shall be provided in accordance with Port Hueneme Municipal Code Section 10302 and the City of Port Hueneme Landscape Design Guidelines.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
All uses approved pursuant to this Chapter shall incorporate and provide the following design standards:
A.
Building Location and Orientation.
1.
Pedestrian Entrances. Primary pedestrian entrances for each residential unit (or the single primary pedestrian entrance if shared) shall face the public street, a shared pedestrian paseo, or a common courtyard.
2.
Creation of Outdoor Spaces. Multiple residential buildings on a single lot shall be arranged to create outdoor spaces such as courtyards, pathways, paseos, and recreational areas, with windows facing the outdoor spaces.
3.
Residential amenities, such as rooftop pools, community rooms and gyms, are permitted above residential units. Non-residential uses shall not be located on floors directly above residential units.
B.
Building Form.
1.
Upper Story Massing. Where the uppermost floor(s) of a building is higher than two (2) stories, floor area of the uppermost floor(s) shall be reduced a minimum of ten (10) percent compared to the ground floor.
2.
Roofline Variation. Rooflines along elevations facing a public street shall be articulated using at least one (1) of the following techniques:
a.
A change in parapet wall or roof height of at least one (1) foot for a distance of at least thirty (30) feet for buildings up to three (3) stories tall, and at least two (2) feet for a distance of at least thirty (30) feet for buildings taller than three (3) stories.
b.
A change in roof pitch, form, or direction.
c.
Inclusion of dormers, gables, parapets, chimneys, and/or varying cornices.
3.
Building Plane. In no case shall a building plane visible from the public right-of-way or public open space extend for more than fifty (50) feet without a massing break of a minimum of one (1) foot in depth and four (4) feet in width for buildings three (3) stories or fewer in height, and a minimum of two (2) feet in depth and six (6) feet in width for buildings taller than three (3) stories.
C.
Building Façade and Architectural Features.
1.
Consistency with Architectural Style. Façade details shall be appropriate to, and consistent with the building's architectural style and be carried through the entire structure and any accessory structures. Additions or alterations to an existing structure, materials, and finishes (including windows and doors) shall be consistent with the chosen architectural style of the project, or the entire structure shall be remodeled in a single architectural style.
2.
Rear and Side Elevation Enhancements. Rear and side elevations that are exposed to public view shall be treated with a minimum of seventy-five (75) percent of the number of architectural treatments appropriate to the chosen architectural style as the front elevations.
3.
Building Floors for Residential Uses. The floors devoted to residential units shall provide an exterior appearance and character which denotes it as housing and is visibly different from the commercial floors through the use of patios, balconies, changes in fenestration, and appropriate levels of detail while maintaining a cohesive quality.
4.
Color and Material Changes. Material and color changes shall occur at an inside corner, underside of a massing element, or wrapped to an appropriate termination point, such as a roof break, bay window, change in wall plane, or enhanced trim element.
5.
Glare. Reflective surfaces and materials, such as mirrored glass and polished aluminum are prohibited.
6.
Treatment of Accessory Structures. Accessory structures, such as, but not limited to, garages, carports, and enclosures for mechanical and service areas shall be architecturally consistent with primary structure(s) on the site.
D.
Entries.
1.
Exterior building entry doors and entry ways shall be protected with at least one (1) of the following features: overhangs, recesses, porches, trellises, or other weather-protection features covering an area at least three (3) feet in depth and four (4) feet in width.
2.
Nonresidential and residential uses located on the same floor shall not have common entrance hallways or entrance balconies.
3.
The residential uses shall have a separate and secured entrance and exit that is directly accessible to the on-site parking.
E.
Windows.
1.
Windows and doors facing a public street, or a pedestrian-oriented space shall be trimmed, recessed or inset, grouped, and/or incorporate enhancement details such as headers/sills, shutters, trellises, awnings, or Juliet balconies consistent with the chosen architectural style of the project.
2.
If a proposed project includes a ground floor commercial component, ground floor windows and openings of the commercial component facing the street shall constitute a minimum of sixty-five (65) percent of the street-level building façade.
F.
Common Walls. Common walls, floors and ceilings between residential and nonresidential uses shall be constructed so that vibration is minimized and residential unit interior noise levels do not exceed fifty (50) decibels.
G.
Refuse and Recycling Storage.
1.
The residential units shall provide and maintain a refuse storage container separate from that used by the commercial uses. Such container shall be clearly marked for residential use only and that use by commercial businesses is prohibited.
2.
All outdoor storage and refuse collection areas shall be screened so that materials stored within these areas shall not be visible from any access street or adjacent property.
3.
Refuse enclosures shall be constructed of concrete block, shall be architecturally compatible with the primary structure(s) on-site, shall include opaque, decorative opaque gates, shall provide an opening so that pedestrians can access the dumpsters without opening the large gates, shall include lighting for night time security and use, and shall incorporate roof structures to help improve stormwater quality and to screen the enclosure from views from above. Sizing of the enclosures shall conform to the requirements of the City Public Works Department.
4.
Exterior walls of outdoor storage and refuse collection areas shall be treated with anti-graffiti coating and shall be surrounded with landscaping of sufficient size so that a minimum of seventy-five (75) percent of the enclosure is screened within one (1) year.
H.
Mechanical and Utility Equipment. Mechanical and utility equipment (e.g., heating, cooling, antennas, air conditioners, transformers, electric and gas meters, junction boxes, or similar equipment) shall be concealed from public view with landscaping, walls, fencing or, if roof mounted, with roof wells or other architectural features, to the maximum extent feasible and as allowed by the utility service provider.
I.
Parking and Loading Facilities.
1.
Parking and Loading Standards. With the exception of Section 10463(F), parking and loading areas for multi-family residential projects shall be designed in accordance with Municipal Code Section 10301.
2.
Surface parking lots and garages shall be located to the side or rear of buildings and not adjacent to public roadways. Surface parking spaces shall be set back at least thirty (30) feet from the front property line.
3.
In townhouse or rowhouse type developments, trees and/or planting of at least six (6) square feet shall be provided adjacent to garage doors facing alleys and motor court drives to soften the appearance of the building.
4.
Separate Parking for Commercial and Residential Uses. Parking spaces for nonresidential and residential uses shall be specifically designated by posting, pavement marking and/or physical separation.
5.
Bicycle parking shall be provided as follows:
a.
Short-term Visitor Bicycle Parking. A permanently anchored bicycle rack located within two hundred (200) feet of the visitors' entrance and readily visible to passersby, which contains a minimum of one (1) bicycle space per twenty (20) visitor vehicular parking spaces, with a minimum of one (1) two-bike capacity rack.
b.
Long-term Bicycle Parking. For new buildings with ten (10) or more tenant-occupied spaces, or additions or alterations that add ten (10) or more tenant-occupied spaces, one (1) bicycle parking space shall be provided for twenty (20) tenant vehicular parking spaces, with a minimum of one (1) bicycle parking facility. Bicycle parking facilities shall meet the requirements of the California Green Building Standards Code, and shall be located convenient from the street and meet one (1) of the following:
1)
Covered, lockable enclosures with permanently anchored racks for bicycles;
2)
Lockable bicycle rooms with permanently anchored racks; or
3)
Lockable, permanently anchored bicycle lockers.
c.
Bicycle racks, enclosures and lockers shall be located so as not to interfere with pedestrian or vehicular traffic, and shall be located out of the required ADA path of travel.
d.
Bicycle racks, enclosures and lockers shall be designed to protect bicycles from theft.
e.
Bicycle enclosures shall be architecturally compatible with the primary on-site structure(s).
J.
Landscape Elements. To achieve a cohesive appearance and compatibility of a new project with its surroundings, proposed projects shall include at least three (3) of the following landscape elements in the landscape plan:
1.
Pedestrian-scaled lighting
2.
Outdoor firepit with seating area
3.
Decorative paving
4.
Street tree within the front yard (fifteen (15) gallon size minimum)
5.
Seating opportunities, such as raised planters and walls.
K.
Outdoor Lighting.
1.
Outdoor lighting shall be installed and maintained along all vehicular access ways and common pedestrian walkways.
2.
Lighting of at least one (1) foot-candle (fc) shall be installed and maintained within all covered and enclosed parking areas and shall be screened to reduce glare onto public sidewalks and adjacent properties.
3.
Lighting levels shall not be increased by more than one (1) fc onto the public right-of-way and not more than 0.5 fc onto adjacent properties.
4.
Lighting shall be of a scale that is appropriate for the intended use (i.e., pedestrian-oriented along walkways) and light fixtures shall be architecturally compatible with the on-site structure(s).
5.
All outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
To encourage high-quality developments, the following incentives may be available to a project applicant, depending upon the number of project enhancements the applicant provides within their project, and subject to the discretionary approval by the decision-making authority. The provision of the incentives would be permissible whether the applicant also applied for a density bonus per Section 10803 or not.
A.
Incentives Types.
1.
A density increase of up to thirty (30) dwelling units/acre.
2.
Increase the base building height to accommodate one (1) additional floor of development (not to exceed an overall height limit of seventy-five (75) feet).
B.
Requirements to Achieve Incentives.
1.
A minimum of three (3) project enhancements, per subsection (C) below, shall be provided to be permitted either:
a.
A density increase to up to thirty (30) dwelling units per acre; or
b.
To increase the base building height by one (1) additional floor.
2.
A minimum of five (5) project enhancements, per subsection (C), below, shall be provided to be permitted a density increase to thirty (30) dwelling units/acre and to increase the base building height by one (1) additional floor.
C.
Project Enhancements.
1.
Provide a minimum of twenty (20) percent of the residential units affordable to extremely low-, very-low, or low-income households, which shall be interspersed within the development, shall be a mix of unit sizes, and shall not be distinguishable from the remainder of the residential units within the development (no in-lieu fee shall be allowed in exchange for providing said residential units).
2.
Minimum one (1) acre lot size.
3.
Provide high-quality details specific to the proposed architectural style of the project (i.e., the use of individual, lifted Spanish roof tiles, shutters in proportion to the adjacent window size, stone veneer on entire tower elements or wall planes, authentic timber beams, mixed-media signs, etc.).
4.
Provide dedicated public and/or private open spaces, including, but not limited to, playgrounds, plazas, greenways, urban gardens, pocket parks, terraces, seating areas, etc.
5.
Provide additional multi-modal transportation options, including, but not limited to, weather protection, shade features, adequate and at-scale lighting, bicycle valet service and/or storage, direct access to adjacent streets, car share agreements, etc.
6.
Provide fifty (50) percent or more of the site's paving surfaces as permeable.
7.
Achieve minimum Silver LEED level for the project.
8.
Provide safe on-site pedestrian zones, incorporating features such as wide sidewalks and paseos, pedestrian-friendly crosswalks and traffic-calming features.
9.
Include (via a signed lease or equivalent) one (1) or more types of businesses identified as needed in the City per the City's approved Economic Development Plan (i.e., grocery store, big box retailer, full-service restaurant, etc.).
(Ord. No. 821, § 2(Exh. A), 12-2-24)
No non-residential use listed in Sections 10463 and 10464 shall involve any kind of manufacture, processing or treatment of products other than that which is clearly germane to the use listed and is incidental to the retail business conducted on the premises and provided that no more than five (5) persons are employed in the manufacture, processing or treatment of products; provided, further, that no conditionally permitted use shall be allowed which involves any operation which is objectionable due to noise, odor, dust, smoke, vibration or other similar causes.
(Ord. No. 821, § 2(Exh. A), 12-2-24)
Uses within the R-4 (Mixed Use Residential) Zone existing as of the effective date of this Chapter which are nonconforming to the permitted uses listed in Section 10461, may be continued or changed to a comparable nonconforming use provided that there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming uses nor any increase in the intensity of such uses and provided, further, that such uses were, on the effective date of this Chapter, in conformance with the underlying zone classification in effect immediately prior thereto provided.
(Ord. No. 821, § 2(Exh. A), 12-2-24)