A. Chimneys or other required venting systems if their height is no greater than the minimums required by the Uniform Building Code, Uniform Plumbing Code, or Uniform Mechanical Code;

B. Ham radio antennas;

C. Radio and television antennas in conjunction with residential uses, other than satellite dishes and antennas attached thereto; or

D. Roof structures for the housing of required elevators, stairways, and similar access equipment. (Code 1971, § 15.605.030)

A. Sloping Lot. Except in the hillside area, in instances where the lot slopes up more than 10 percent, as measured from the front lot line to the rear lot line, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs shall be measured from the average finished grade at the corner points of the building line to the highest point of the building or other structure.

B. Through Lot. Except in the hillside area, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs, on a through lot shall be measured from the average elevation of the curb grade of the highest lot frontage to the highest point of the building or other structure.

C. R-1-B and R-2-B Zones. In the R-1-B and R-2-B zones only, the height of buildings or other structures, other than fences, walls, pole signs, or monument signs, shall be measured from the top of the curb or the edge of the street pavement nearest to the front lot line, whichever is higher, to the highest point of the building or other structure.

D. Signs. The height of pole signs and monument signs shall be measured from the average curb grade of the street nearest to the sign. (Code 1971, § 15.605.040)

A. In any R-1, R-2, or R-3 zone, or portion thereof, within the boundaries of the hillside area as defined in Chapter 24.110, the height of buildings or other structures, other than pole signs, monument signs, fences, or walls, shall be determined in accordance with this section, and the following height restrictions shall apply:

B. Preparation of Plans for Hillside Areas. For the purposes of subsection A of this section, applicants must provide complete topographical and lot survey information prepared by an architect, surveyor, or civil engineer licensed or registered to practice in the state of California, for the lot or lots involved. Such information shall include grading details of any cut or fill slopes and all elevation reference points required by this subsection B to verify height measurements, except as provided in subsection C of this section. The elevation reference points for the front and rear lot lines and the required rear yard setback line shall be shown directly on the site plan and plotted as follows:

C. Exception to Preparation of Survey Information. In any R-1, R-2, or R-3 zone, or portion thereof, within the boundaries of the hillside area the director may determine that the survey information set forth in subsection B of this section is not required provided it can be demonstrated, based on criteria established and adopted by separate resolution, of the council, that the height of buildings or structures or expansions thereof is in scale with surrounding development and will not unreasonably or unnecessarily interfere with scenic views from other public streets and other public areas.

D. In no case shall the height of any building or structure or expansion thereof exceed the Standards – Height set forth in the underlying zone. (Code 1971, § 15.605.050; Ord. No. 2021-017, § 39, 12-13-21)

A. An application for a variance, including site and elevation plans. All survey information required by Section 24.405.050(B) shall be shown directly on the site plan;

B. Building height and elevation data for all proposed structures and proposed additions to structures;

C. Actual building height and elevation data for all existing buildings and structures on the site and for existing structures on all abutting lots;

D. “Sight-line” drawings indicating the relationship of the proposed structure or addition to any public streets or other public areas where public views may be affected by such structure or addition. (Code 1971, § 15.605.070; Ord. No. 2021-017, § 39, 12-13-21)

A. Yard regulations set forth in this chapter shall apply to all lots, and buildings and other structures thereon, unless otherwise specified in this zoning ordinance.

B. No required yard area, required landscaped area, or other required open space area shall be deemed to provide a yard area, landscaped area, or other open space area required for any adjoining lot or building site.

C. No fence, wall, structure, or landscaping shall be erected, planted or maintained within 20 feet of an intersection of public rights-of-way in a manner that is determined by the director to interfere with pedestrian or vehicular traffic visibility. (Code 1971, § 15.610.020; Ord. No. 2021-017, § 40, 12-13-21)

A. Belt courses, sills, canopies, awnings, buttresses, prefabricated “greenhouse” windows that do not result in an increase in floor area, or other similar architectural features may extend or project into a required side yard no closer than three feet to any side property line and may extend or project into a required front yard or required rear yard not more than three feet; provided, that:

B. Eaves or cornices may project or extend into a required front yard or required rear yard not more than three feet. Eaves or cornices may extend or project into a required side yard no closer than three feet to any side lot line; provided, that no such extensions or projection of eaves or cornices into required side yards are allowed in the R-1-B or R-2-B zone.

C. Open and unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into any required rear yard not more than four feet, or may extend or project into a required front yard not more than two and one-half feet; provided, that no such extensions or projections into required front or rear yards are allowed in the R-1-B or R-2-B zone; and further provided, that no such extensions or projections are allowed into required side yard areas in any zone. No stairway or balcony that is enclosed, or that is covered by a roof or canopy, may extend or project into any required yard area in any zone. If an openwork type railing of more than three and one-half feet in height, or any enclosed railing, is installed or constructed on any such stairway or balcony, such stairway or balcony shall be deemed to be enclosed for purposes of this subsection C.

D. Open and unenclosed porches, platforms, or landing places that are not covered by a roof or canopy, and that do not extend above the level of the first floor of the building, may extend or project into any required front or required rear yard not more than six feet, and may extend or project into a required side yard not more than three feet; provided, that no such extensions or projections are allowed into any required front, rear, or side yard areas in the R-1-B or R-2-B zone. No porch, platform, or landing place that is enclosed, or that is covered by a roof or canopy, may extend or project into any required yard area in any zone. If an openwork type railing of more than three and one-half feet in height, or any enclosed railing, is installed or constructed on any such porch, platform, or landing place, such porch, platform, or landing place shall be deemed to be enclosed for purposes of this subsection D.

E. Fire escapes may extend or project into any required front or required rear yard not more than six feet, or may extend or project into any required side yard not closer than three feet to any side lot line; provided, that no such extension or projection of fire escapes is allowed into any required yard area in the R-1-B or R-2-B zone.

F. Chimneys may extend or project into a required front, side, or rear yard not more than 24 inches; provided, that any chimney extending or projecting into a required side yard shall not be closer than three feet to any side lot line.

G. Hot water heater enclosures may extend or project into a required front, side, or rear yard not more than 30 inches; provided, that any hot water heater enclosure extending or projecting into a required side yard shall not be closer than three feet to any side lot line.

H. Unless otherwise provided in this zoning ordinance, no fence or wall, or dense landscaping that serves as a fence or wall, shall be located or maintained:

I. Notwithstanding Section 24.405.060 or subsection H of this section, no fence or wall shall be located or maintained on a rear property line or anywhere within the required rear yard, or on a side property line or anywhere within the required side yard, in any instance where the height of such fence or wall, as measured from the lowest finished grade directly adjacent to the fence or wall to the highest point of such fence or wall, exceeds 10 feet, unless a minor variance is first approved therefor in accordance with Chapter 24.535.

J. None of the structures, or architectural features or other portions thereof, described in subsections A through I of this section shall be located or maintained in a manner that precludes unobstructed access at all times around and about a primary building. Gates or open areas of at least two and one-half feet in width shall be provided for such required access. (Code 1971, § 15.610.030)

A. If the regulations for a zoning district require a front yard setback, no fence, wall or dense landscaping exceeding three and one-half feet in height may be located on the front lot line or anywhere within the required front yard;

B. If a lot is a corner lot, no fence, wall or dense landscaping exceeding three and one-half feet in height may be located within 10 feet of the point where the front lot line and street side lot line intersect; and

C. All uses within the Recycling Services: Scrap Operations use type shall provide a fence, wall or dense landscaping pursuant to Section 24.485.020(C). (Code 1971, § 15.610.050)

A. Applicability. Every use of property hereafter initiated, reinitiated, expanded, intensified, or changed, and every building hereafter erected, enlarged, or structurally altered to accommodate such uses shall be required to provide adequate off-street parking spaces and adequate provision for vehicle ingress and egress and on-site vehicle circulation to serve the parking area, in accordance with the provisions of this chapter. The off-street parking space requirements set forth in this chapter are intended to be minimums only.

B. Location of Required Parking Spaces. Off-street parking spaces required for a use shall be provided as follows:

C. Calculation of Required Parking Spaces. The total number of off-street parking spaces required shall be calculated as follows:

D. Landscaping – Surplus Parking Spaces. All portions of a parking area not improved for required parking, loading, or vehicular circulation areas shall be landscaped; provided, that for any project or use requiring a discretionary decision, the decision-making authority may approve a parking area design that includes surplus parking spaces for the proposed project or use in addition to those required by this chapter.

E. Compact Spaces. Compact spaces as specified in Section 24.415.060(B)(2) may be permitted only in the following instances:

F. Queuing Lanes. Drive-through queuing lanes provided in conjunction with Administrative, Business, and Professional Support, Retail Sales, and similar uses, except Dining Establishments, shall be given a parking requirement credit of one-half parking space credit for each 20 linear feet of queuing area. This is limited to credit for a maximum of 25 percent of the parking spaces required for the use the queuing lane serves. (Code 1971, § 15.615.020; Ord. No. 2021-017, § 41, 12-13-21)

A. Uses classified within the Family Residential: Mobile Home; Family Residential: Single-Family; Family Residential: Two-Family; and Residential Care use types shall provide off-street parking as follows:

B. Family Residential: Caretaker, and Family Residential: Farm Employee Housing use types shall provide one off-street parking space within a garage for each dwelling unit.

C. Residential Second Unit use types shall provide one open or covered off-street parking space. The required parking space may be in tandem with one of the parking spaces provided for the primary dwelling unit.

D. Family Residential: Large Multifamily, and Family Residential: Small Multifamily use types shall provide off-street parking as follows:

E. Residential Condominiums use types, including, but not limited to, residential condominium conversions, shall provide off-street parking as follows:

F. Group Residential use types shall provide one and one-half off-street parking spaces for each sleeping room. In the case of dormitories, each 100 square feet of floor area devoted to sleeping quarters shall be considered a sleeping room.

G. Mobile Home Parks use types shall provide off-street parking as follows:

A. Produce Sales: as determined necessary by the decision-making authority to provide adequate vehicular access while minimizing adverse impacts on the surrounding neighborhood.

B. 

A. General Requirements. Parking lot and parking space design and dimensions shall be carried out in accordance with this section.

B. Dimensions of Parking Spaces.

C. Marking. All parking spaces and directional arrows and instructions shall be clearly designated in a manner satisfactory to the director.

D. Restriping Existing Lots. Existing parking lots may be repainted to follow the exact existing striping layout, whether or not the number of spaces or the dimensions of the spaces or other aspects of the lot are in compliance with this chapter. If existing lots are restriped in any other manner, even to a more conforming manner, all provisions of this chapter shall be met including, but not limited to, numbers and dimensions of parking spaces, drive aisle dimensions, and landscaping.

E. Parking Spaces Unclear. If the parking spaces in an existing private parking lot are not clearly marked or designated, the number of parking spaces that a private parking lot will be deemed to have available for off-street parking will be the maximum number of spaces which can be accommodated in compliance with all other requirements of this zoning ordinance including, but not limited to, requirements for numbers and dimensions of parking spaces, drive aisle dimensions, and landscaping. (Code 1971, § 15.615.060; Ord. No. 2021-017, § 41, 12-13-21)

A. Vehicular access to streets and alleys will be determined to meet the requirements of this chapter only to the extent such access is in accordance with driveway locations and access design approved by the director.

B. Driveway access to off-street parking spaces for uses within the family residential: single-family or family residential: two-family use types shall be at least 10 feet in width throughout.

C. Driveway access to off-street parking spaces for sites with more than two dwelling units shall be at least 20 feet in width throughout; provided, that the director may require a greater minimum width depending on the driveway length, number of dwelling units served, turnaround needs, or other factors.

D. Driveway access to all nonresidential uses shall be not less than 14 feet in width throughout for one-way access and not less than 25 feet in width throughout for two-way, combined entrance and exit, access.

E. For all uses except family residential: single-family and family residential: two-family, a minimum 25-foot deep unobstructed back-out area shall be provided in front of every garage, carport, or open perpendicular parking space; provided, that where any of the foregoing abut an alley or private street or driveway, one-half the width of the alley or private street or driveway may count towards this required 25-foot back-out area.

F. No vehicular parking shall occur over a public or private sidewalk. (Code 1971, § 15.615.070; Ord. No. 2021-017, § 41, 12-13-21)

A. Standards for Entry Areas.

B. Standards for Parking Spaces.

C. Other Applicable Standards.

A. Perimeter Landscaping.

B. Interior Landscaping.

C. Landscaping Construction Methods. All parking lot landscaped areas adjacent to vehicular parking or drive aisles shall be entirely enclosed within a reinforced brick or masonry planter box, or a poured-in-place Portland cement concrete curb, not less than six inches high, unless alternative designs for stormwater treatment or retention are approved by the director, except on any side of such landscaped areas adjacent to a public street or alley. Any portion of a parking lot landscaped area that abuts a public street or alley shall be constructed per the specifications of the city engineer.

D. Fences and Walls Required for Nonresidential Land Uses. Parking or circulation areas for nonresidential uses that abut property in a residential zone shall be totally screened along the length of the property line abutting the residential zone by a wood fence or masonry wall six feet in height; provided, that such fence or wall shall not exceed three and one-half feet in height in the area from the front lot line to the depth of the required front yard on the abutting residentially zoned property. Where a parking or circulation area for a nonresidential land use is located across a street or alley from property in a residential zone, such parking or circulation areas shall be totally screened along the property line abutting the street or alley by a wood fence or masonry wall three and one-half feet in height. (Code 1971, § 15.615.100; Ord. No. 2021-017, § 41, 12-13-21)

A. Plans for parking areas containing 10 or more spaces, including landscaping and lighting plans, must be considered and approved prior to construction pursuant to the design review process set forth in Chapter 24.545.

B. Plans for parking areas containing less than 10 spaces including landscaping and lighting plans, proposed in conjunction with uses that do not require design review or any other discretionary approvals from any decision-making authority other than the director, must be considered and approved by the director, prior to construction pursuant to Chapter 24.505. (Code 1971, § 15.615.120)

A. Location. No loading area shall be oriented to face directly to any arterial street. All loading areas shall be located so as to prevent truck back-up maneuvering within public rights-of-way.

B. Size. Each loading space shall be not less than 12 feet in width, and not less than 50 feet in depth, with a minimum overhead clearance of 14 feet.

C. Screening. All loading areas shall be adequately screened from view of public rights-of-way by walls or landscaping. (Code 1971, § 15.615.130)

A. Applicability. The requirements of this section shall apply when a building is constructed, an existing building is added to or structurally altered, or the use or occupancy of a property is intensified, expanded or changed and such construction, addition, structural alteration or change of use or occupancy requires a planned development permit, or amendment thereto, or use permit, or amendment thereto.

B. Residential Use Types. The number of required bicycle parking facilities for residential use types shall be no less than the following:

C. General Use Types. The number of required bicycle parking facilities for all general use types shall be no less than 10 percent of the number of spaces required for motor vehicle parking, except for the following:

D. Agricultural Use Types.

E. Computation of Required Bicycle Parking Facilities.

F. Requirements for Bicycle Parking Facilities.

A. Recognize the functions and importance of signs for the business sector of the community and the city as a whole;

B. Preserve and enhance the unique character and the visual appearance of the city;

C. Recognize the integral part played by signs in the overall appearance of the city;

D. Provide a reasonable set of controls that will permit and encourage creative and effective signs that adequately identify a business;

E. Provide guidance and direction for sign users and sign designers as to what constitutes appropriate signage in the city;

F. Set standards that will encourage signs to be used primarily for business identification rather than product or service advertising; and

G. To promote the safe circulation of traffic and otherwise further the purposes of this zoning ordinance. (Code 1971, § 15.620.010)

A. On the Site. All signs shall be located on the site occupied by the use to which they pertain unless otherwise provided in this chapter.

B. Visibility Obstructions. No sign may be located in a manner which may constitute a traffic hazard or create a hazardous condition for persons using a public right-of-way. (Code 1971, § 15.620.030)

A. Signs of a duly constituted governmental entity which are located in the public right-of-way, such as traffic or similar regulatory devices, legal devices, or warnings at railroad crossings.

B. Signs placed by a public utility showing the location of underground facilities.

C. Memorial signs installed by a governmental agency including, but not limited to, historic landmarks, or districts, or markers, or points of interest.

D. Signs required to be maintained by governmental law, order, rule, regulation, or other mandate up to a total area not to exceed five square feet on any lot or parcel, unless such governmental mandate specifically requires a larger sign area.

E. Signs within a public recreational use (such as a public park) which cannot be seen from a public street.

F. Signs installed by civic, philanthropic, educational or religious organizations, temporary in nature and displayed for a maximum of 30 days per calendar year.

G. Signs displayed for the convenience of the public, located upon the property to which they pertain, such as signs identifying restrooms, public telephones, entrances, or parking restrictions. The area of any such sign shall not exceed three square feet.

H. Signs identifying acceptable credit cards, hours of operation or like information; provided, that the total area of all such signs shall not exceed two square feet.

I. Addresses and nameplates in residential zones; provided, that the area of such signs shall not exceed two square feet.

J. Street address number for all zones except residential zones. The area of such signs shall not exceed four square feet.

K. Signs located inside a building and not visible from the outside of such building.

L. Flags of duly constituted governmental entities and official flags of philanthropic or religious organizations.

M. Signs, other than temporary political signs or signs prohibited by Section 24.420.270, that display noncommercial messages erected or displayed on private property pursuant to the exercise of the constitutionally protected rights of free speech and free expression.

N. Signs installed on either public or private property to identify public transportation systems.

O. Signs in the public right-of-way. Off-site signs that are part of and accessory to bus shelters, transit shelters, pay phones, trash receptacles, and other similar street furniture located in the public right-of-way and installed by the city or in compliance with an agreement with the city. This includes street banners attached to streetlights and other similar structures. (Code 1971, § 15.620.040; Ord. No. 2008-004, § 2, 3-17-08)

A. Availability Sign. One availability sign shall be permitted per project or per lot, whichever is fewer in number, with a maximum area of 32 square feet and a maximum height of 10 feet above grade. All such signs, and all structural supports for such signs, shall be located a minimum of 10 feet from the face of any curb line and three feet from any property line. No part of such sign or its structural supports shall extend over a public right-of-way.

B. Construction Identification Sign. One construction identification sign shall be permitted per project or per lot, whichever is fewer in number, with a maximum area of 32 square feet and a maximum height of six feet above grade. All such signs and all structural supports for such signs shall be located a minimum of 10 feet from the face of any curb line and three feet from any property line. No part of such sign or its structural supports shall extend over a public right-of-way. No such sign may be installed until a building permit has been issued for the construction identified. All such signs shall be removed within 30 days of the issuance of the first certificate of occupancy.

C. Corporate Flag. Corporate flags are allowed only if displayed in conjunction with nonresidential uses and only if flown on the same flagpole or other similar structure with a flag of a governmental entity. No more than one corporate flag may be flown on a single flagpole or similar structure. A corporate flag may not be larger than the other flag in conjunction with which it is flown.

D. Decorative Device. Decorative devices may be permitted for a maximum of 45 days per calendar year; provided, that a director’s permit is approved prior to the display of such decorative device.

E. Feature Sign. One sign per model shall be permitted, with a maximum area of three square feet and a maximum height of four feet per sign.

F. Open House Sign. One open house sign may be located on the site of the unit for sale and a maximum of six open house signs may be located off the site to indicate directions to the unit for sale. An open house sign may have a maximum area of three square feet and a maximum height of four feet. Open house signs may be permitted only for the duration of the open house and may only be for property located within the Ventura city limits. Off-site open house signs may be located in a public right-of-way, such as within treewells, sidewalks, or parkways, but not within medians or roadways. No open house sign on private property or in a public right-of-way may be located in a manner that may constitute a traffic hazard or create a hazardous condition for persons using a public right-of-way.

G. Real Estate Sign. One real estate sign per dwelling unit shall be permitted with a maximum area of three square feet and a maximum height of four feet per sign. All real estate signs shall be located on the property which is advertised by such sign and shall be removed within three days of the close of escrow or within three days of the signing of the lease or rental agreement for that property.

H. Subdivision Sign. One subdivision sign per subdivision shall be permitted, with a maximum area of 32 square feet and a maximum height of 10 feet above grade. Any such subdivision sign shall be located within the boundaries of the subdivision which it identifies and shall not be installed until a final subdivision map has been recorded. All subdivision signs shall be removed when all units of the subdivision are sold.

I. Temporary Business Sign. Temporary signs may be displayed, pursuant to issuance of a director’s permit, for a period of a maximum of 90 days per calendar year, not to exceed 30 consecutive days.

J. Temporary Political Sign. Temporary political signs shall not be installed more than six months prior to any national election or more than three months prior to any other election, and shall be removed within 10 days of the completion of the subject election. Temporary political signs identifying campaign headquarters shall not be subject to Sections 24.420.100 through 24.420.250. Temporary political signs located on private property shall have the permission of the property owner. Temporary political signs may be located in a public right-of-way, such as within treewells, sidewalks, or parkways but not within medians or roadways. No temporary political sign on private property or in a public right-of-way shall be located in a manner that may constitute a traffic hazard or create a hazardous condition for persons using the public right-of-way.

K. Temporary Window Sign. A temporary window sign shall not exceed 40 percent of the area of any window upon which it is placed, singly, or in combination with any other temporary or permanent window signs. Temporary window signs shall be allowed on the first floor only. Temporary window signs require approval of a director’s permit and may only be used for a maximum of 90 days per calendar year. Permanent window signs are subject to design review. (Code 1971, § 15.620.050)

A. Architectural Projection Sign. Architectural projection signs may be permitted; provided, that:

B. Directional Sign. Directional signs may be permitted in addition to the maximum sign allowance permitted for a particular use by this chapter. The number of directional signs allowed for a particular site shall be determined on a case-by-case basis by the decision-making authority through the design review process. Directional signs may have a maximum area of four square feet each and maximum height, if a ground-mounted sign, of four feet.

C. Directory Sign. Directory signs shall be permitted to the extent allowed by Section 24.420.130.

D. Monument Sign. A monument sign may have a maximum area of 40 square feet and a maximum height of six feet as measured in accordance with Chapter 24.405. Any such monument sign and all its structural supports shall be located a minimum of three feet from all property lines and a minimum of 10 feet from the face of any curb line. No part of a monument sign or its structural supports shall extend over any public right-of-way. Monument signs may be located in a landscaped area only to the extent approved by the decision-making authority through the design review process pursuant to Chapter 24.545.

E. Mural. All murals shall be exempt from the size restrictions of this chapter. All murals shall be subject to design review, except when proposed in conjunction with the following use types: Cultural and Library Services; Government Services; Recreation Services: Public Parks and Playgrounds; Educational Services: General.

F. Pole Sign. Pole signs, and all related structural supports, shall be located a minimum of three feet from any property line and a minimum of 10 feet from the face of any curb line. No part of a pole sign or its structural supports shall extend over a public right-of-way. Pole signs shall be located in a landscape planter. Pole signs may be permitted for freeway service facilities to the extent allowed by Section 24.420.190 and may be maintained in conjunction with Automotive and Accessories: Automotive Sales, Retail use types to the extent allowed by Section 24.420.230.

G. Projecting Sign. Projecting signs shall be permitted to the extent allowed by this chapter.

H. Tenant Directory Maps. Tenant directory maps shall be permitted to the extent allowed by Section 24.420.120.

I. Wall Sign. Wall signs shall be permitted to the extent allowed by this chapter.

J. Window Sign, Permanent. A permanent window sign may be permitted in conjunction with uses for which other building-related signs are permitted; provided, that the area of a permanent window sign shall be calculated as part of the maximum permanent sign area allowed per principal use based on the requirements of this chapter. (Code 1971, § 15.620.060; Ord. No. 2021-017, § 43, 12-13-21)

A. Design Review Required. No new sign that requires design review pursuant to Section 24.420.060 shall be installed, nor shall any existing sign subject to Section 24.420.060 be altered, without the prior review and approval of the decision-making authority in accordance with Chapter 24.545. Repair of all or part of an existing sign in a manner that duplicates the appearance and location of the original sign shall not require such prior review and approval. However, no change to the color, size, illumination, graphic content, location, or any other features of an existing sign shall be made without such prior review and approval.

B. Sign Design Standards. The city council may adopt sign design standards by resolution and such design standards may be amended by action of the city council from time to time.

C. The maximum sign allowances specified in this chapter shall not be reduced as a part of the required design review process.

D. Although pole signs are subject to design review pursuant to Section 24.420.060, the review and consideration of use permits for pole signs for freeway service facilities pursuant to Section 24.420.190 are not part of the design review process. Conditions may be imposed regarding the location, dimensions, and other characteristics of pole signs by the decision-making authority pursuant to the use permit procedures set forth in Chapter 24.520. (Code 1971, § 15.620.070; Ord. No. 2021-017, § 43, 12-13-21)

A. Distinct Border. For signs with a distinct border, the sign area shall be calculated as the area of the sign within the exterior limits of that border.

B. Distinct Boundary. For signs with a distinct boundary, the sign area shall be calculated as the area of the entire surface within the physical boundaries of the sign.

C. No Distinct Border or Boundary. For signs that are painted on a wall or otherwise have no distinct border or boundary, the sign area shall be determined by the area of a simple rectilinear figure superimposed over all of the lettering and illustration comprising such sign.

D. Double Sided Signs. For signs which have only two identical faces, arranged back to back in parallel planes not more than two feet apart, the sign area shall be calculated by measuring the area of one side only.

E. Multiple Sided Sign. For signs which have more than one side and are not double sided signs, the sign area shall be calculated by measuring the area of each side and totaling the sum of the areas of each side.

F. Including Sign Structure or Support. Where a sign structure or support is designed, as determined by the decision-making authority, in such a manner as to make a sign more noticeable or appear larger, the area of the structure or support shall be included in the sign area. (Code 1971, § 15.620.090)

A. Identification. One sign for identification purposes not to exceed 20 square feet to identify a ranch, farm, or other permitted use.

B. Produce Sales. Forty square feet of sign area in conjunction with Produce Sales use types. (Code 1971, § 15.620.110)

A. Community Identification Sign. A maximum of two community identification signs may be permitted with a maximum area of 32 square feet allowed for each sign. Such signs shall not be internally illuminated. Such signs shall be located adjacent to a major vehicular entrance to the project. The project applicant shall make provisions for continuing sign maintenance subject to the approval of the decision-making authority, or shall be responsible for the removal of such sign.

B. Tenant Directory Map. A tenant directory map displaying the residential project, with a maximum area of six square feet and maximum height of five feet. Such signs shall not be located so as to cause traffic conflicts or hazards. (Code 1971, § 15.620.120)

A. One monument sign, not to exceed 40 square feet, or one building-related sign, not to exceed 40 square feet, for each lot or establishment, whichever is fewer in number.

B. One directory sign, not to exceed 12 square feet in area, for each building. (Code 1971, § 15.620.130)

A. Building-Related Signs. Building-related signs shall be permitted as follows:

B. Monument Sign. One monument sign shall be permitted per each lot or principal use, whichever is fewer in number. One square foot of monument sign area shall be permitted per every three linear feet of front lot line, with a maximum area of 40 square feet. For the purpose of determining monument sign areas for corner lots and through lots, the front lot line is that frontage with the primary street visibility, as determined by the decision-making authority.

C. Maximum Sign Area. Notwithstanding subsections A and B of this section, no more than 100 square feet of total sign area for all permitted permanent signs shall be permitted per principal use. (Code 1971, § 15.620.140)

A. A Lot, Building or Complex Occupied by One Industrial Establishment. A lot, building or complex occupied by one industrial establishment shall be allowed one monument sign not to exceed 20 square feet and one wall sign not to exceed 20 square feet.

B. A Lot, Building or Complex Occupied by Two or More Industrial Establishments. A lot, building or complex occupied by two or more industrial establishments shall be allowed one building related sign per establishment not to exceed 20 square feet and attached to that portion of the structure occupied by the establishment identified; and one monument sign to identify the lot, building, or complex not to exceed 40 square feet.

C. Commercial Uses. Commercial uses permitted in the M-1 and M-2 zones shall each be permitted building-related signs up to a maximum of 50 percent of the sign area allowance based on the provisions of Section 24.420.140(A), or a maximum of 40 square feet of sign area, whichever is less, for occupant identification purposes subject to approval of a sign program by the decision-making authority as specified in Chapter 24.545. (Code 1971, § 15.620.150)

A. A Lot, Building or Complex Occupied by One Industrial Establishment. A lot, building or complex occupied by one industrial establishment shall be allowed one monument sign not to exceed 40 square feet or one wall sign not to exceed 40 square feet.

B. A Lot, Building or Complex Occupied by Two or More Industrial Establishments. A lot, building or complex occupied by two or more industrial establishments shall be allowed one building related sign for identification purposes per establishment not to exceed eight square feet, located adjacent to the establishment entrance; and one monument sign not to exceed 40 square feet to identify the lot, building or complex.

C. Retail Uses. Retail sales use types and other retail uses permitted in the M-P-D zone by Chapter 24.264 shall be permitted a sign area allowance of 50 percent of the sign allowance provided by Section 24.420.140(A), or 20 square feet, whichever is less, for occupant identification purposes subject to approval of a sign program by the decision-making authority as specified in Chapter 24.545. (Code 1971, § 15.620.160)

A. Information Board. One sign listing the services available not to exceed 10 square feet. Such sign may be self-supporting, with a maximum height of four feet, shall not be considered a portable sign for the purposes of Section 24.420.270 and shall not be subject to design review.

B. Price Sign. One sign listing prices and/or hours of operation not to exceed 10 square feet. Such sign may be attached to a building or be self-supporting. Such sign shall not be subject to design review and shall not be considered a portable sign for the purposes of this chapter. Price signs shall comply with all applicable city, county, state, and federal regulations. Price displays which are part of or are attached to another sign shall be deemed part of that sign area and shall not be considered price signs. (Code 1971, § 15.620.170)

A. Building-Related Sign for Establishment Identification. Building-related signs up to a maximum of 100 square feet of sign area per establishment shall be permitted for identification purposes. Maximum sign size shall be further subject to Section 24.420.140(A). In addition, one four-square-foot under-canopy sign shall be permitted subject to the restrictions on signs on architectural projections set forth in Section 24.420.060.

B. Center Identification. Shopping centers less than five acres in size shall be permitted one monument sign for center identification purposes; shopping centers five acres or larger shall be permitted one monument sign for center identification purposes on each street frontage. Monument signs used for center identification shall have a maximum area of 40 square feet and maximum height of six feet, identify the center only, and not include a listing of tenants. The name of the primary tenant may serve as identification for the center. (Code 1971, § 15.620.180)

A. Area and Height. The area and height of a pole sign shall be determined as a part of the use permit process, but shall not exceed a maximum area of 85 square feet and a maximum height of 25 feet. The maximum pole sign area and height set forth in this subsection A may be in addition to the maximum sign allowance established for the zone in which the freeway service facility is located.

B. Number and Location. No more than one pole sign per lot or freeway service facility, whichever is fewer in number, shall be permitted. Pole signs must be located on the site identified unless the decision-making authority determines in the course of its consideration and review of the required use permit that a grouping of sign faces on one pole would serve to identify off-site uses that would otherwise be permitted to have a pole sign and would be consistent with the purposes of the zoning ordinance.

C. Required Findings. Before the decision-making authority may approve a use permit for a pole sign for a freeway service facility, the following findings must be made in addition to those required for the applicable use permit pursuant to Chapter 24.520:

A. Community Meeting;

B. Cultural and Library Services;

C. Education Services: General;

D. Government Services;

E. Medical Services: Medical Care;

F. Transportation Services (if publicly owned);

G. Utility Services; or

H. The Recreation Services use type category (if publicly owned). (Code 1971, § 15.620.200)

A. Changes of copy to legal, nonconforming pole signs may be permitted subject to design review by the decision-making authority as specified in Chapter 24.545; provided, that no increase in size or height shall be permitted;

B. Dealerships with more than one franchise shall be allowed an additional monument sign for each franchise; provided, that any such additional monument sign shall not exceed 40 square feet and six feet in height and shall display only the additional franchise name. Any further franchise identification shall be permitted only on building-related signs permitted pursuant to the provisions of this chapter; and

C. Wall- or ground-mounted directional signs may exceed four square feet in area; provided, that any directional sign area over four square feet shall be deducted from the maximum wall sign area allowed by the maximum sign allowance. (Code 1971, § 15.620.230; Ord. No. 2021-017, § 43, 12-13-21)

A. Residential subdivisions containing 50 or more lots or units shall be permitted to have off-site directional signs in the public right-of-way subject to an approved sign program by the director;

B. The director may appoint a program manager to administer the sign program for off-site directional signs for residential subdivisions. Such sign program may contain criteria regarding size, height, location, amount, and design of off-site directional signs for residential subdivisions. (Code 1971, § 15.620.250)

A. Purpose. The purpose of this section is to provide a limited availability for charitable and nonprofit entities to advertise their event or a series of events using street light poles according to the criteria set forth below. It is not the intent of the city to provide a general public forum or to allow noncity entities or persons to post messages on the city’s light poles by the use of street banners. The city shall not discriminate based on the content of the requested event banner, nor based on the nature of the event; provided, that the requested banner meets all requirements of this section. In no way shall this section be construed to limit the city’s inherent right to hang city-sponsored street banners from street light poles.

B. Definitions.

C. Street Banners – General Prohibition. No street banners shall be installed in the public right-of-way except for street banners expressly authorized by subsection D of this section.

D. Street Banners – Exemptions From General Prohibition.

E. Street Banners – Content.

F. Permit Required. No person shall install or maintain any street banner without a permit. A separate permit shall be required for each banner design and location, but all street banners suspended in one city block, or in a number of contiguous city blocks, by one permittee, shall be deemed to be at the same location. Permits shall not be issued for light poles on streets where the adjoining land use is primarily single-family residential.

G. Application and Fee. Applications for permits shall be made by the primary event sponsor upon forms prescribed by the city. The application must include a clear replica of the proposed banner or banners, including any text on said banners, for each proposed installation, and said application shall also include all other information required by the city for the protection of public safety, welfare and property. One application may include any number of locations; provided, that the applicant must submit replicas of all different banners proposed to be installed under the single application.

H. Insurance Policy to Be Posted. No permit shall be issued hereunder unless the commercial entity installing the street banners has on file with the city a satisfactory policy of insurance approved by the city’s risk manager.

I. Permits – Issuance – Denial. Provided that any application for a permit to hang a street banner or banners meets the eligibility requirements of this section, the city shall issue, in whole or in part, a permit authorizing the installation of the requested street banner or banners, as long as the required fees, bond, insurance policy and other protection prescribed above have been posted and approved and provided the installation of such banner or banners will not damage public property, unreasonably interfere with its proper use, or endanger public safety or welfare, as determined by the city. Each street banner permit application shall be reviewed by staff in consultation with the city attorney to determine if the request complies with all the requirements of this section. If staff determines that the request is in full compliance with this section, the permit shall be issued. If staff determines that the application is not in compliance with this section, staff shall timely notify the applicant of the reason or reasons for noncompliance and, if possible, suggest what could be done to bring the street banner request into compliance with this section. If the city ultimately denies a street banner request, staff shall provide in writing the basis of the denial to the applicant.

J. Permit Duration.

K. Permits – Location of Street Banners Announcing an Event or Series of Events. All street banners announcing an event or series of events must be placed on all usable streetlight poles on one city block. Any permit to hang street banners announcing an event or series of events pursuant to this code shall be deemed a “city-wide” permit request if the number of light poles involved is 200 or more.

L. Permits – Revocation. Permits may be revoked by the city in whole or in part on one or more of the following grounds:

M. Removal of Street Banner. Upon expiration of any permit, any street banner covered thereby must be removed by the permittee within 72 hours of the date of expiration unless the city grants a renewal or written extension. The city may remove any street banner not so removed without notice to the permittee. Upon whole or partial revocation of any permit, all street banners covered thereby must be removed on the same date of revocation unless the city grants a renewal or written extension. The city shall upon reasonable notice to the permittee, remove any street banner not so removed. Where any street banner presents an immediate threat of harm to the public health, welfare or safety, the city shall summarily cause its removal. The city shall collect the costs of all city removals from the permittee or from their surety.

N. Installation and Maintenance of Street Banners. Every street banner must be installed and maintained so as to be safe at all times; it must not include a print size for any text smaller than that adopted by the city in its administrative polices and procedures; it must not obstruct the clear view of traffic signals by pedestrians or operators of bicycles, motor bikes, cars, trucks or any other type of vehicle or mode of transportation; it must have a minimum clearance of 22 feet over rails used by freight cars, of 16 feet above roadways. The city may prescribe other needed clearance requirements.

O. Policies and Procedures. Consistent with this section, the city may adopt policies and procedures to administer the installation, maintenance and removal of street banners including rules or regulations pertaining to their location, size, suspension and construction. The city may adopt any other rule or regulation for the protection of public safety, welfare or property.

P. Commercial Content on Street Banners. Nothing in the general prohibition on street banners shall prevent a for-profit entity from receiving recognition on the street banners announcing an otherwise allowable community, charitable or nonprofit event, or on permitted nonevent street banners; provided, that the recognition of the for-profit sponsorship shall be limited to the name and/or logo of not more than one for-profit sponsoring entity per street banner and the size of said name or logo shall be limited to less than 20 percent of the total area of the street banner. The city may defray the cost of city organized and administered events, and the cost of nonevent street banners by allowing for-profit entities to co-sponsor city organized and administered events and nonevent street banners; provided, that the recognition of the for-profit entity’s co-sponsorship of city events, or nonevent street banners is limited to the same size and content as for allowable community, charitable, or nonprofit events or permitted nonevent street banners.

Q. Applicability. The provisions of this code prohibiting certain outdoor advertising structures, post signs and advertising statuary adjacent to freeways, and establishing the procedure for the consideration and issuance of permits for such structures, signs and statuary, shall also apply in the same manner and degree to “street banners.” (Ord. No. 2008-004, § 4, 3-17-08)

A. Changeable copy sign.

B. Combination sign.

C. Flashing or blinking sign.

D. Mobile sign.

E. Moving sign.

F. Pole sign (except pole signs permitted by this chapter).

G. Portable sign.

H. Roof sign.

I. Sign on public right-of-way. A sign placed on or in any portion of a public right-of-way except as permitted for residential open house signs (Section 24.420.050(F)), temporary political signs (Section 24.420.050(J)), off-site directional signs for residential subdivisions (Section 24.420.250), off-site directional signs for community events (Section 24.420.260), and street banners (Section 24.420.265).

J. Signs not permitted. Any other sign not specifically exempted or permitted by this chapter is prohibited. (Code 1971, § 15.620.270; Ord. No. 2008-004, § 3, 3-17-08)

A. Alterations Removal. At such time as a nonconforming sign is altered in any way or moved, it must be brought into conformance with the provisions of this zoning ordinance except as otherwise permitted for automobile dealerships per Section 24.420.230. The term “altered” as used herein shall include, but not be limited to, any change in the structure or sign face, including changing names or colors, deleting or adding words or symbols, or changing the appearance in any way, but shall not include normal maintenance or upkeep. If a nonconforming sign is removed for any length of time for any reason other than maintenance, it shall not be reinstalled at the subject site unless it is in full compliance with the provisions of this chapter.

B. Sign With Modifications. Signs which received sign modifications prior to April 16, 1981, but which are nonconforming as to the provisions of this chapter, may continue in use under the provisions of that sign modification until any changes, expansions, or alterations other than normal maintenance and upkeep are proposed for the sign, or until such time as the sign modification expires. At the time of such expiration or change, the modification shall become null and void and such sign shall be brought into conformance with the provisions of this chapter or removed.

C. Use Permit or Planned Development Permit. Nonconforming signs that were permitted and installed pursuant to a conditional use permit or planned development permit, prior to April 16, 1981, may continue in use until changes, expansions, or alterations other than normal maintenance and upkeep are proposed for or made to such sign. At the time of such change, any such sign must be brought into conformance with the provisions of this chapter.

D. Alterations to Existing Development. When structural alterations, additions or remodeling with a value, as determined by the building official, of 25 percent or more of the full value of the improvements as shown on the last equalized assessment roll, or $15,000, whichever is greater, are made to the exterior of a building or to a site containing a nonconforming sign, any and all such nonconforming signs must be brought into conformance with the provisions of this chapter whether or not changes or alterations are proposed for or made to the sign, or such signs must be removed. Any owner or user of such nonconforming signs wishing to maintain such a sign in its existing condition may apply to the director for a director’s permit to allow continued maintenance and use of the sign. Application shall be made within 30 days of the sign owner or user being notified of the need to bring such sign into conformance. Such director’s permit, if granted, shall establish a specific period of time for continued use and maintenance, based upon an individual assessment of the facts and circumstances relating to the particular sign. Factors to be considered in approving or denying such a director’s permit shall be the initial sign cost, the sign age, the value of the structural alterations to the existing development, and similar facts and circumstances. Failure to apply for a director’s permit within the 30 days specified herein shall constitute a waiver of the right to request any longer period for maintenance or use of an existing nonconforming sign.

E. Annexation Change of Zone. Any sign that becomes nonconforming after April 16, 1981, because of annexation, zone change, or other city action shall be subject to the provisions of this section. (Code 1971, § 15.620.280)

A. Occupancy Change. Any sign which does not identify the current establishment occupying the premises must be removed within 30 days of the date the current establishment begins using the premises. However, any sign structure or supports which are in conformance with the provisions of this chapter that apply to the current establishment may remain in place.

B. Unoccupied Premises. If a sign is located on a site and that sign was used by an establishment that has not occupied that site for a period of 90 days or more, that sign shall be removed. However, any sign structure or supports which are in conformance with the provisions of this chapter may remain in place; provided, that the sign face is removed.

C. Unsafe Signs. Unsafe signs are prohibited and shall be subject to the enforcement provisions of Chapter 24.580 and any other penalties and remedies provided by law. (Code 1971, § 15.620.290)

A. A certified list of the names and addresses of all tenants residing in the project proposed to be converted, complete as of the time the application is filed.

B. A list of each tenant known to have children 18 years of age or younger residing in the project.

C. A list of each tenant residing within the project known to be 62 years of age or older.

D. Current rents for each unit.

E. Approximate proposed price for which each unit would be sold.

F. The pro forma budget proposed to be submitted to the state Department of Real Estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by the individual unit owners.

G. A property report prepared by a state-licensed civil engineer, architect or other qualified person approved by the building official. The report shall describe, in detail, the condition and the useful life of the roof, foundations, mechanical, electrical, plumbing, energy conservation, and structural elements of all existing permanent buildings on the property.

H. A structural pest report for all existing permanent buildings on the property, prepared by a state-licensed pest control operator.

I. An acoustical report for all existing permanent residential buildings on the property which indicates the type of construction of existing walls and ceilings and noise attenuation characteristics of such construction. The test data shall include a sampling of at least 10 percent of the dwelling units involved, but in no case fewer than two dwelling units. The reports shall include recommended methods of compliance with the noise insulation standards of the California Administrative Code Title 24, Part 2, Chapter 2035, and shall be prepared by a person experienced in the field of acoustical engineering.

J. The location and nature of all existing on-site fire protection equipment, including, but not limited to, fire hydrants, standpipes, fire sprinkler systems, and fire extinguishers, shall be indicated on the plans submitted pursuant to Chapter 24.525. (Code 1971, § 15.625.050)

A. The date, time, place, and purpose of the hearing.

B. That should the planned development permit be approved, tenants may be required to vacate the premises.

C. That should the planned development permit be approved, the property owner shall be required to give all tenants a minimum of 180 days’ notice to vacate; and that such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants’ defaults in the payment of rents or the defacing or destruction of all or part of the rented premises. (Code 1971, § 15.625.060)

A. In addition to those findings required for planned development permits by Chapter 24.525, and prior to approving any residential condominium conversion project, other than conversions of rental mobile home parks to ownership status, the decision-making authority must make either all of the findings in subsection (A)(1) of this section or all of the findings in subsection (A)(2) of this section:

B. In addition to those findings required by Chapter 24.525 and subsection A of this section, and prior to approving conversion of a rental mobile home park to ownership status, the decision-making authority must also find that the proposed mobile home park conversion will not adversely affect the supply and availability of rental mobile home spaces in the city, or within a specified area in the city. (Code 1971, § 15.625.070)

A. Unless otherwise provided in the planned development permit, all such permits authorizing residential condominium conversion projects, except for conversions of rental mobile home parks to ownership status, shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary or desirable by the decision-making authority.

B. Unless otherwise stated in the planned development permit, all such permits allowing conversions of rental mobile home parks to condominium-type ownership shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary by the planning commission or city council:

A. Coercion. The planning commission and city council may deny any proposed conversion where there is substantial or creditable evidence that tenants have been coerced to publicly support or approve a proposed conversion, or to refrain from publicly opposing it, or to forego any assistance to which they may be entitled.

B. Waiver of Rights. Any provision of a lease or rental agreement which purports directly or indirectly to waive or require waiver of a tenant’s rights under this chapter or which requires prior consent to the conversion of the apartment building, apartment complex, or mobile home park to condominium ownership shall be null, void, and unenforceable. (Code 1971, § 15.625.100)

“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

“Director” means the community development director for the city of San Buenaventura.

“Efficiency kitchen” means a kitchen that includes all of the following:

“Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

“Very high fire hazard severity zones,” for purposes of this chapter, means very high fire hazard severity zones as shown on the Fire Hazard Severity Zone Maps prepared by the Fire and Resource Assessment Program/California Department of Forestry and Fire Protection. (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

A. Deemed to be inconsistent with the city’s general plan (or, for properties located in the coastal zone, with the city’s local coastal program) and zoning designation for the lot on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section 24.430.020. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

A. Building Permit Only. If an ADU or JADU complies with each of the general requirements in Section 24.430.050, it is allowed with only a building permit in the following scenarios:

B. Permit Required.

C. Process and Timing of Required Permits.

A. Zoning.

B. Height.

C. Fire Sprinklers.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Septic System. If the ADU or JADU will connect to an on-site wastewater treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

H. Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide the following:

I. Building and Safety.

J. Coastal Zone. If an ADU is proposed on a lot located in the coastal zone, the ADU shall be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable local coastal program policies and standards, including those that govern wetlands, streams, environmentally sensitive habitat areas, public views, public access, and coastal bluffs. ADUs and JADUs shall not be permitted in existing buildings or structures that are nonconforming as to coastal resource protection policies or development standards of the local coastal program.

K. Very High Fire Hazard Severity Zone. To protect against wildfires, maintain necessary defensible space around existing structures, and allow for better egress in an emergency, no ADUs shall be permitted in areas within designated very high fire hazard severity zones; however, JADUs are allowed. Within the very high fire hazard severity zones, for ADU applications submitted on or before May 13, 2022, an ADU shall be permitted upon satisfying all other requirements of this title. If the very high fire hazard severity zones are modified after an ADU application is submitted for a property not previously contained in the very high fire hazard severity zone, then the ADU may be permitted upon satisfying all other requirements of this title. ADUs that fall under Government Code Section 66323, as detailed in subsection A of this section, are exempt from this requirement.

L. Historic Resources. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must meet the following requirements:

M. Passageway. No passageway, as defined by Section 24.430.020, is required for an ADU.

N. Parking.

3. ADU Mandatory Parking Area. If the lot is located within the boundaries of the ADU mandatory parking area (AMPA), as shown in “Exhibit 1” and “Exhibit 2” attached to the ordinance codified in this chapter, one parking space is required for the ADU or JADU in addition to the parking required for the primary residence. When an existing garage, carport, covered parking structure, or uncovered space is demolished in conjunction with the construction of an ADU or JADU, or converted into an ADU or JADU within the AMPA, the required parking spaces that are displaced by the demolition or conversion shall be replaced on the same lot in order to satisfy the parking requirement of the existing primary dwelling unit, in addition to providing the required one off-street parking space for the ADU or JADU.

A. Maximum Size.

B. Site Coverage. No ADU subject to this section may cause the total site coverage of the lot to exceed the amount listed in the table below, subject to subsection (A)(3) of this section.

C. Setbacks.

D. Architectural Requirements.

E. Allowed Stories. No ADU subject to this section may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under Section 24.430.050(B)(2). (Ord. No. 2024-013, § 5, 12-17-24; Ord. No. 2024-012, § 5, 1-14-25)

A. Impact Fees.

B. Utility Fees.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs and JADUs Constructed Before 2020.

A. Intent. This section is intended to recognize the unique neighborhood impacts of Group Residential and Group Care uses and to enhance the quality of life for residents in such living situations. This chapter is also intended to be implemented in a manner consistent with federal and state law.

B. Findings. The applicant for a use permit for a Group Residential or Group Care use shall establish the following circumstances to the satisfaction of the decision-making authority to enable the decision-making authority to find that such circumstances exist, in addition to the findings required in Chapter 24.520 for the issuance of a use permit:

A. The site upon which such a use is established shall be not less than 40 acres in area and shall include an operational Agricultural use type.

B. Such housing shall be used exclusively for the purpose of housing farm employees and their families employed for farm work where the majority of family income comes from farm work.

C. Not more than 12 dwelling units or 36 beds shall be constructed or used on a 40-acre site. For sites larger than 40 acres, no more than three dwelling units shall be constructed or used for each 10 acres of additional site area.

D. No more than one family shall occupy any dwelling unit.

E. Each detached dwelling unit and each building containing attached dwelling units shall have a front setback of not less than 20 feet, a rear setback of not less than 20 feet, and side setbacks of not less than 10 feet; provided, that the side setback required for any one detached dwelling unit or building containing attached dwelling units may be considered as part or all of the required side setback of any other detached dwelling unit or building containing attached dwelling units.

F. A minimum 300-foot setback from all active agriculture is required for farm employee dwellings.

G. The property owner must obtain a permit with the state Department of Housing and Community Development pursuant to the Employee Housing Act, Health and Safety Code Section 17000 et seq.

H. The property owner must annually complete and submit to the city’s community development director a declaration listing the number of occupants and their place of work. (Code 1971, § 15.635.030; Ord. No. 2012-017, § 14, 9-10-12)

A. The decision-making authority must find that the principal use on the site requires the continual supervision of a caretaker, superintendent, or watchman;

B. Such caretaker’s residence shall be occupied exclusively by the caretaker and the caretaker’s family;

C. Such caretaker’s residence shall be located upon the same site as that occupied by the use to be supervised; and

D. No more than one family shall occupy the caretaker’s residence. (Code 1971, § 15.635.040; Ord. No. 2021-017, § 45, 12-13-21)

A. Number of Beds. The maximum number of beds permitted in an emergency shelter shall not exceed 55.

B. Vehicle Parking. Off-street vehicle parking shall be provided as follows:

C. Bicycle Parking. Bicycle racks that allow for the secure storage of bicycles shall be provided. Bicycle racks shall accommodate at least one bicycle storage space for every five adult client beds. All bicycle racks are required to be on site and located in a secure area that is not visible from the public right-of-way.

D. Intake Areas. If the intake area occurs on site, an enclosed or screened waiting area, such as provided in a courtyard building configuration, shall be provided between the intake area and the public right-of-way. There shall be no queuing within the public right-of-way. Queuing within any parking lot is allowed only if the parking lot is not visible from the public right-of-way.

E. Provisions for On-Site Management.

F. Personal Storage. A private storage area or closet shall be provided with each on-site bed. At no time shall any client of an emergency shelter be allowed to keep on site any alcoholic beverages or store any type of illegal substances, drugs, and/or firearms of any kind. The shelter manager shall conduct routine inspections of each on-site client’s personal space to verify compliance with this chapter.

G. Shower and Toilet Facilities. Toilets, sinks, and showers shall be provided on site. The emergency shelter manager shall be responsible for ensuring that all restroom and shower facilities comply with the city’s building code requirements.

H. Separate Housing for Families With Children. Families with children shall be housed separately from other clients and be provided separate restrooms and shower facilities.

I. Food Service Areas. The emergency shelter manager shall be responsible for ensuring that any food service or on-site meal preparation areas comply with all applicable requirements of the county health department.

J. Outdoor Storage. Emergency shelters shall screen all outdoor storage areas from all public rights-of-way and on-site and adjacent parking lots. The emergency shelter manager shall ensure that all outside storage areas be maintained in a neat, clean, and orderly manner at all times.

K. Spacing. An emergency shelter, with minimal supportive services, shall not be located within 300 feet of another parcel or lot with an emergency shelter. There shall be no spacing requirement for emergency shelters, with full supportive services, located in the emergency shelter overlay zone.

L. Length of Stay. No client shall be permitted to remain at an emergency shelter for longer than six months in any 12-month period. Extensions may be provided if a client is working with social services agencies to secure alternative housing but no alternative housing is available.

M. Hours of Operation. Each emergency shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the shelter at all times. In the event an emergency shelter client is socially disruptive, a threat to the safety of others, or in violation of the emergency shelter facility rules during nonbusiness hours of operation, the emergency shelter manager may proceed with discharging that client immediately. Emergency shelters, with minimal supportive services, shall not operate, i.e., be open for service to clients, between the hours of 8:00 a.m. and 6:00 p.m.

N. Exterior Lighting. Lighting shall be provided in all parking and exterior waiting areas and along the periphery of the building without lighting adjoining properties.

O. Grandfathering. Existing emergency shelters that were established by a conditional use permit with adopted conditions of approval for its operation shall continue to operate under those adopted conditions of approval and be supplemented by the provisions of this chapter. Should any conflict(s) arise with any operational requirement, the operational requirement(s) in the conditional use permit adopted conditions of approval shall prevail.

P. Full Supportive Services. Social services offered at an emergency shelter, with full supportive services, including intake, assessment, and individualized case management services for homeless clients, shall be located on site. Full supportive social services can be offered to persons other than the residents of the shelter as part of a use permit pursuant to Chapter 24.520.

Q. Submission for Approval. The applicant or operator shall submit a management and operations plan for review and approval by the community development director in consultation with the police and fire departments. If the emergency shelter requires a use permit, then the management and operations plan shall be submitted and reviewed concurrently with that application by the decision-making authority. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval of the community development director, in consultation with the police and fire departments. The city may inspect the facility at any time for compliance with the facility’s operations plan and other applicable laws and standards.

R. Minimum Qualifications. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:

S. Annual Report. A status report detailing compliance with the management and operations plan shall be submitted to the community development director annually as part of city business license renewal. (Ord. No. 2011-010, § 26, 8-1-11; Ord. No. 2017-008, § 21, 4-17-17; Ord. No. 2021-017, § 46, 12-13-21)

A. The following operational standards shall apply in addition to all other applicable provisions of this code, and other provisions of law.

B. At a minimum, the operations plan shall contain provisions addressing the topical areas outlined below:

A. Commercial Zones. Timeshare facilities and conversions to timeshare use may be permitted only in commercial zones and shall require the approval of a use permit or planned development permit in the same manner required for other uses classified in the Lodging Services: Hotels and Motels use type in the zoning district in which the project is located. Conversion of timeshare units to residential condominium use shall be prohibited.

B. Other Uses. Timeshare facilities may include other uses, either as other principal uses or incidental uses to the timeshare facility, so long as each such specific use is permitted by the zone regulations for the zone within which the timeshare facility is located. Such other uses shall meet all city ordinances and requirements. (Code 1971, § 15.640.030)

A. Setback, Height, Lot Coverage. The minimum required setbacks and minimum height and lot coverage shall be those established for the zone designation in which such facility is located. Additional setbacks, height, and lot coverage requirements may be required as conditions of a use permit or planned development permit to insure that such facility is adequately buffered from surrounding uses.

B. Required Facilities. Facilities, amenities and design features usually associated with hotels (e.g., lobby, check-in area, registration desk, service closets, laundry facilities, etc.) may be required as a condition of approval of a use permit or planned development permit to insure that the timeshare facility will adequately function as lodging services. (Code 1971, § 15.640.040)

A. All such proposed conversions to timeshare facility use shall be evaluated in terms of the physical suitability of the units or facilities for timeshare facility use. Items to be considered shall include, but not be limited to:

B. Improvements to the project site or any buildings or structures thereon to mitigate any identified deficiencies may be required as a condition of approval of any use permit or planned development permit for such conversion.

C. Conversion to timeshare facility use shall also be evaluated to insure that the conversion does not create, or add to, a shortage of the particular type of facility or unit proposed to be converted in the city as a whole or in any particular area of the city. (Code 1971, § 15.640.060)

A. In addition to any information requirements established for use permit or planned development permit applications, the following information shall also be submitted as part of any application to develop or institute a timeshare facility:

B. In addition to the above information, application for conversion of an existing facility or any portion thereof to a timeshare facility must include the information required by Section 24.425.050 for residential condominium conversion projects. (Code 1971, § 15.640.070)

A. The date, time, place and purpose of the hearing;

B. That should the permit be approved, tenants may be required to vacate the premises;

C. That should the permit be approved, the property owner shall be required to give all tenants a minimum of 180 days’ notice to vacate; and that such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenant’s default in the payment of rent or defacing or destruction of all or part of the rented premises. (Code 1971, § 15.640.080)

A. In addition to the findings required for approval of a use permit pursuant to Chapter 24.520 or the findings required for a planned development permit pursuant to Chapter 24.525, as applicable, and in addition to the findings required by Section 24.440.050, the following findings shall be necessary for approval of a permit for a timeshare facility:

B. For apartments or residential condominiums proposed to be converted, all findings specified in Section 24.425.070 for residential condominium conversion projects shall be required. (Code 1971, § 15.640.090)

A. Housing Availability. Ensure the development and availability of affordable housing to a broad range of households with varying income levels throughout the city.

B. Affordable Housing Stock. Promote the city’s goal to add affordable dwelling units to the housing stock through both density bonuses and inclusionary housing provisions.

C. Long-Term Affordability. Ensure the long-term affordability of dwelling units and their continued availability to eligible households.

D. Distribution of Affordable Housing. Guarantee that affordable housing is dispersed throughout the city and within each residential development, and not segregated from market-rate housing, by adopting inclusionary housing requirements applicable to each residential development.

E. Replacement of Affordable Units. Ensure that housing projects that demolish existing naturally occurring affordable housing units replace those units on site when redeveloping.

“Affordable housing agreement” means a legally binding agreement between an applicant and the city in a form and substance satisfactory to the director and city attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this chapter are, and will continue to be, satisfied.

“Affordable housing cost” means a sales price that results in a monthly housing cost (including mortgage, insurance, utilities, rubbish collection costs and home association costs, if any) that does not exceed the amounts specified in California Health and Safety Code Sections 50052.5(b)(2) through (b)(4), as amended, as applicable to the inclusionary unit.

“Affordable rent” has the same meaning as set forth in California Health and Safety Code Section 50053, as amended.

“Affordable unit” means a dwelling unit within a housing development which will be reserved for sale or rent to very low-, low- or moderate-income households at an affordable housing cost or affordable rent.

“Childcare facility” has the same meaning as set forth in state density bonus law.

“City” means city of San Buenaventura.

“Concession” may be used interchangeably with “incentive” as those terms are defined under state density bonus law.

“Density bonus” has the same meaning as set forth in state density bonus law.

“Density bonus units” means those units that are built due to a grant of a density bonus and which exceed the otherwise maximum allowable residential density for the development site.

“Department” means the city’s community department.

“Director ” means the city’s community development director or designee.

“Eligible household” means any of the following, as applicable:

“Eligible organization” means:

“Household” means one person living alone, or two or more persons sharing residency, whose income is considered for housing payments.

“Inclusionary unit” means a dwelling unit that is designated to meet the inclusionary housing requirement, and that must be made available at an affordable cost to eligible households. Inclusionary units may include for-sale or rental units.

“Lower income household” means households whose income does not exceed the lower income limits applicable to the county of Ventura, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50079.5, as amended.

“Market-rate unit” means a dwelling unit in a residential development that is not an inclusionary unit.

“Maximum allowable residential density” has the same meaning as set forth in state density bonus law. In no event shall the maximum allowable residential density provided by this definition be applied to a development project in a way to produce a lower density than the minimum which would be required by California Government Code Section 65915, as amended.

“Moderate-income household” means households whose income does not exceed the moderate-income limits applicable to the county of Ventura, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093, as amended.

“Protected units” has the same meaning as set forth in California Government Code Section 66300.5, as amended.

“Specific adverse impact” has the same meaning as set forth in California Government Code Section 65589.5, as amended.

“State density bonus law” means California Government Code Sections 65915 et seq., as amended.

“Very low income household” means households whose income does not exceed the very low income limits applicable to the county, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105, as amended. (Ord. No. 2025-003, § 2, 6-24-25)

A. General Eligibility. A proposed housing development, as defined by state density bonus law, shall be eligible for a density bonus and other regulatory incentives provided by state density bonus law, if the applicant:

B. Ineligibility. An applicant is ineligible for a density bonus or other concessions or incentives if the proposed development is on property where affordable rental units were located or demolished within the previous five years and/or occupied by low-income households or are otherwise required to be replaced under state density bonus law, unless the project replaces these units pursuant to state density bonus law, California Government Code Section 65915(c)(3). (See also Section 24.445.190, Replacement housing requirement.)

C. Inclusionary Units. If affordable housing is required under the inclusionary housing program provisions of this chapter, the required number of units will count towards the number of units needed to qualify for a density bonus. (Ord. No. 2025-003, § 2, 6-24-25)

A. Application. A form requesting a density bonus, concession or incentive, waiver or reduction of development standards, adjusted parking ratios, or any combination thereof, shall be submitted to the city in writing, on a form approved by the director.

B. Other Entitlements and Fees. The form shall be submitted to the city concurrently with the filing of the application under Section 24.500.030 for other entitlements required for the proposed housing development as defined by state density bonus law and the required application fee(s) established by city council resolution to recover the city’s administrative costs of processing the application and performing the functions of this chapter.

C. Required Information. The form shall contain information sufficient to allow the city to fully evaluate the request under the requirements of this chapter and state density bonus law, including, without limitation, the following minimum information:

A. Applicability of Coastal Act. California Government Code Section 65915(m) provides that state density bonus law does not supersede, alter, or lessen the effect or application of the California Coastal Act of 1976 (“Coastal Act”).

B. Compliance with Coastal Zone Policies. Any requested density bonus, incentives or concessions, waivers or reduction in development standards in the coastal zone shall be consistent with the city’s certified local coastal program (LCP) policies for the protection of coastal resources.

C. Density Provisions for Low- and Moderate-Income Housing. For qualifying projects that consist of low- and moderate-income housing, as defined in California Government Code Section 65589.5(h)(3):

A. Review Concurrent with Planning Application. All requests under state density bonus law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with the authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other applicable statute. Appeals of the density bonus components of a project shall be made concurrently with any allowable appeals for the underlying planning application in accordance with the requirements of Chapter 24.565 (Appeal Procedure).

B. State Law Compliance. To ensure that an application for housing development conforms with the provisions of state density bonus law and the Coastal Act, the report to the decision-making body shall state whether the application conforms to the following requirements, as applicable:

C. Findings for Denial of Incentive/Concession. The decision-making body shall grant an incentive or concession requested by the applicant unless it makes a written finding to deny, based upon substantial evidence of any of the following:

D. Findings for Denial of Waiver/Reduction. The decision-making body shall grant the waiver or reduction of development standards requested by the applicant unless it makes a written finding to deny, based upon substantial evidence of any of the following:

E. Findings for Denial of Childcare Facility. If a childcare facility complies with the requirements of California Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of a childcare facility only if it makes a written finding, based on substantial evidence, that the city already has adequate childcare facilities. (Ord. No. 2025-003, § 2, 6-24-25)

A. Affordable Housing Agreement Requirement.

B. Requirements for Rental Projects.

C. Requirements for For-Sale Projects.

D. Requirements for Senior Housing Developments. Applicants must enter into a restrictive covenant with the city, running with the land, ensuring that the housing development operates as a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons, as applicable, consistent with state density bonus law and state and federal fair housing laws.

E. Additional Terms. The affordable housing agreement shall include:

A. Rounding of Density Calculations. In determining the total number of units to be granted, each component of any density calculation, including base density and density bonus, resulting in fractional units shall be separately rounded up to the next whole number. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

B. Entitlement and Selection of Density Bonus. Except where a housing development is eligible for an additional bonus pursuant to California Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested.

C. Exclusion of Density Bonus Units in Calculations. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to state density bonus law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the city’s inclusionary housing requirements in this chapter and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of state density bonus law.

D. Acceptance and Limitations of Density Bonus. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled, or no density bonus at all. No reduction will be permitted in the percentages of required affordable units contained in California Government Code Sections 65915(b), 65915(c), and 65915(f). Regardless of the number of affordable units provided, no housing development shall be entitled to a density bonus higher than what is authorized under state density bonus law.

E. No Obligations for Financial Incentives. Nothing in this chapter requires the provision of direct financial incentives from the city for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives. (Ord. No. 2025-003, § 2, 6-24-25)

A. Number of Incentives. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

B. On-Site Vehicular Parking Ratios. If a housing development is eligible for a density bonus pursuant to state density bonus law, the applicant may request an on-site vehicular parking ratio in accordance with California Government Code Section 65915(p). (Ord. No. 2025-003, § 2, 6-24-25)

A. Inclusionary Requirements. Development projects consisting of seven or more dwelling units shall provide and designate at least 10 percent of the total for-sale dwelling units as inclusionary units, and at least 15 percent of the total rental dwelling units as inclusionary units, or 20 percent of the total dwelling units as inclusionary units when the inclusionary units are provided via rehabilitation, acquisition, or preservation per Section 24.445.140.

B. Targeted Income Groups. The targeted income group for the for-sale inclusionary units is 10 percent for moderate-income households and the targeted income group for rental inclusionary units is 10 percent for low-income households and five percent for very low-income households. At the discretion of the applicant and with the approval of the city, the project may provide a deeper level of affordability.

C. Density Bonus Units. When calculating the number of required inclusionary units, any additional dwelling units granted as a density bonus under this chapter or state law will not be considered as part of the required number of inclusionary units.

D. Fractional Units. Any fractional number of inclusionary units required in a residential development shall be provided by payment of an in-lieu fee in the amount determined pursuant to Section 24.445.140 unless the applicant elects to round up to the nearest whole number of units and provide that unit.

E. Combination For-Sale and Rental Development. When a residential development includes a combination of for-sale and rental dwelling units, the number and income levels for inclusionary units required for the residential development is calculated for each category of dwelling units (i.e., for-sale and rental) individually and then combined to comprise the residential development’s total inclusionary housing requirement under this chapter.

F. Other Incentives. Depending on the number of inclusionary units provided, the applicant may be eligible for one or more other regulatory incentives set forth in this chapter. (Ord. No. 2025-003, § 2, 6-24-25)

A. Residential developments of six dwelling units or less.

B. Residential units constructed pursuant to the city’s accessory dwelling unit (ADU) provisions as set forth in Chapter 24.430.

C. The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature; provided, that the reconstruction of the site does not increase the number of dwelling units by seven or more.

D. Residential building additions, repairs or remodels; provided, that such work does not increase the number of existing dwelling units by seven or more. (Ord. No. 2025-003, § 2, 6-24-25)

A. Timing of Construction. The location of the inclusionary units within a housing development must be designated before issuance of building permits for the development. Inclusionary units shall be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of dwelling units in each phase of the development.

B. Location. Inclusionary units shall be dispersed throughout a housing development and not clustered in a particular area of the development. Inclusionary units within developments that share a common entrance shall not have separate entrances for market-rate and inclusionary units.

C. Design. Inclusionary units shall be comparable in design to market-rate units, with comparable infrastructure (including sewer, water, and other utilities), construction quality, and exterior design. The number of bedrooms in inclusionary units shall be equivalent to the number of bedrooms in corresponding market-rate units, but the inclusionary units may be smaller in size than the market-rate units. Inclusionary units may have different interior finishes and features than market-rate units, so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing, such as those applied by the low-income housing tax credit program.

D. Access to Common Amenities. Residents of inclusionary units shall have the same rights and access to common amenities in the development, such as parking, open space, storage, and recreational space, as residents in market-rate units.

E. Professional Rental Management Company. The applicant must employ and utilize a professional rental management company approved by the director for the management of all rental inclusionary units. (Ord. No. 2025-003, § 2, 6-24-25)

A. Inclusionary Housing Plan.

B. Community Development Director Decision.

C. Affordable Housing Agreement.

D. Building Permits. The city shall not issue a building permit for a housing development subject to the inclusionary housing program without an affordable housing agreement executed by the owner, the applicant (if not the owner) and the city manager, and approved as to form by the city attorney, and recorded against the property.

E. Implementation and Compliance Monitoring Fees.

A. In-Lieu Fees.

B. Off-Site Construction. The inclusionary housing requirement may be satisfied by the construction of inclusionary units off site as follows:

C. Land Dedication. At the discretion of the decision-making authority for the development, the inclusionary housing requirement may be satisfied by the dedication of land as follows:

D. Rehabilitation, Acquisition, and Preservation. At the discretion of the decision-making authority for the development, the inclusionary housing requirement may be fulfilled through:

A. Eligibility. The developer shall designate and offer for-sale inclusionary units to eligible households based on the inclusionary housing program.

B. Sale and Resale.

C. Transfer of Title. Upon the death of a joint owner of a for-sale inclusionary unit, title in the inclusionary unit may transfer to the surviving joint owner without respect to the income-eligibility of the household. Upon the death of a sole owner or all owners, and inheritance of the inclusionary unit by a non-income-eligible child or stepchild of one or more owners, there will be a one-year compassion period between the time when the estate is settled and the time when the inclusionary unit must be sold to an eligible household. Inheritance of an inclusionary unit by any other person whose household is not income-eligible shall require resale of the inclusionary unit to an eligible household as soon as is feasible but not more than 180 days from when the estate is settled.

D. Owner Occupancy. Owners of inclusionary units shall:

E. Annual Report. The city may require owners of inclusionary units to provide an annual written report with information to certify continuing occupancy, as well as additional information deemed reasonably necessary by the city. (Ord. No. 2025-003, § 2, 6-24-25)

A. Eligibility. The developer shall designate and offer rental inclusionary units to eligible low- and very low-income households based on the inclusionary housing program.

B. Maximum Rent. The maximum allowable rent of inclusionary units will be affordable rents established by the city on at least an annual basis.

C. Duration of Affordability Requirement. The household income restriction on rental inclusionary units shall be maintained for at least 55 years or the time period required by any applicable federal or state law or regulation.

D. Income Certification. The owner of rental inclusionary units shall certify each tenant household’s income to the director at the time of initial rental. The owner shall obtain and review documents that demonstrate the prospective renter’s total income, such as income tax returns, and submit such information on a form approved by the city.

E. Annual Report. The owner shall submit an annual report summarizing the occupancy of each rental inclusionary unit for the year and demonstrating the continued income-eligibility of the tenant. The city may require additional information if deemed necessary.

F. Changes in Tenant Income.

G. Condominium Conversions.

A. No later than 90 days after the issuance of building permits for the first of the inclusionary units, notifying local government and nonprofit agencies serving income qualified households in the city (a list of such organizations provided by the city) of the availability of any low or very low-income units and requesting that these organizations assist in publicizing the availability of such units to their members and clients;

B. Placing a sign at the housing development advertising the availability of the inclusionary units and providing contact information throughout the marketing period; and

C. Advertising the availability of the inclusionary units on social media outlets and local newspapers in multiple languages, consistent with the direction of the city, that cater to city residents (a list of which will be provided by the city). (Ord. No. 2025-003, § 2, 6-24-25)

A. Application. The requirements of this chapter may be modified or waived by application submitted pursuant to this section if the applicant demonstrates to the director that applying these requirements, considered together with any variances, or regulatory concessions or incentives that may be applied to the proposed development, would take property in violation of the United States or California Constitution.

B. Constitutional Requirement. Any adjustments or waivers may only modify the inclusionary housing requirement to the extent necessary to avoid an unconstitutional result. If the director determines no violation of the United States or California Constitution would occur through application of this chapter, the requirements of this chapter shall remain applicable.

C. Decision.

D. Appeals. Determinations and decisions made pursuant to this chapter may be appealed to the city council in the manner and within the time set forth in Chapter 24.565. (Ord. No. 2025-003, § 2, 6-24-25)

A. No Net Loss of Dwelling Units. Notwithstanding any other law and notwithstanding density limitations on a site, no permit shall be issued for a housing development project that will require demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished. For purposes of this section, “housing development project” has the same meaning as defined in California Government Code Section 65905.5(b)(3), which is the same as the term is defined in California Government Code Section 65589.5(h)(2), as amended from time to time, except that it also includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit.

B. Affordable Replacement Housing Units. Notwithstanding any law, the city shall not approve any housing development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless all of the following requirements are satisfied:

C. Existing Occupant Protections.

A. Administrative Regulations. The city manager and the director may prepare and promulgate administrative regulations to implement this chapter.

B. Density Bonus Units for Inclusionary Housing Program. Except to the extent otherwise required by applicable law, affordable units that qualify a development for a density bonus count toward satisfying any obligation under the city’s inclusionary housing program.

C. Automatic Incorporation of State Law Amendments. This chapter implements the state density bonus law. In the event that state density bonus law and any other applicable state laws are amended, those amended provisions shall be incorporated into this chapter. Should any inconsistencies exist between the state law as now written or as amended, and the provisions set forth in this chapter, state law shall prevail.

D. Enforcement. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter pursuant to the procedures of Title 1, including:

E. No Waiver. Failure of any city official, employee, or agent to fulfill the requirements of this chapter shall not excuse any person, owner, household, or other party from the requirements of this chapter.

F. Remedies Are Cumulative. The remedies provided for herein are cumulative and not exclusive and do not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. No. 2025-003, § 2, 6-24-25)

A. Real Estate Sales Office. The sales office must be located at the site of the dwelling units offered for sale and may remain at the site for a maximum of 12 months or until all units in the development are sold, whichever occurs first;

B. Temporary Office. One temporary office, other than a real estate sales office, at any one site in all zones except residential zones, the parks (P) zone, and the agriculture (A) zone;

C. Caretaker’s Residence. A caretaker’s residence may be authorized to provide temporary security for a site if deemed necessary and reasonable by the director, such as during construction. (Code 1971, § 15.650.020)

A. Real Estate Sales Office. Any such real estate sales office must be located at the site of the dwelling units offered for sale. The maximum time limit that may be allowed for this use shall not exceed two years inclusive of any extensions;

B. Temporary Office. A temporary office at any one location or premises in all zones except residential zones, the parks (P) one, and the agriculture (A) zone. The maximum time limit that may be allowed for this use shall not exceed two years inclusive of any extensions. (Code 1971, § 15.650.030)

A. A trailer coach may be used as a temporary residence for the homeless only if:

B. A trailer coach that complies with subsection A of this section may be approved as a temporary residence by the director as a minor change to an existing use permit in accordance with Chapter 24.505, but only for a maximum period of 12 months. Any use of a trailer coach as a temporary residence for the homeless for more than 12 months requires approval of an amendment to the existing use permit in accordance with Chapters 24.520 and 24.570. The maximum period of time that may be allowed for this use pursuant to an amendment to a use permit shall not exceed five years inclusive of any extensions. (Code 1971, § 15.650.040)

A. Change to Configuration. The lot lines of a nonconforming lot may be changed or adjusted if and only if:

B. Occupation by Use. A nonconforming lot may be occupied by any use permitted in the zoning district in which the lot is located; provided, that any and all other requirements of this chapter and this zoning ordinance are met. A nonconforming lot may be occupied by a nonconforming use only to the extent allowed by Sections 24.465.040, 24.465.050, and 24.465.060 and the provisions of Chapter 24.445.

C. Construction Activities. The following construction activities may be carried out on a nonconforming lot; provided, that all buildings or other structures, or portions thereof, that are the subject of such construction shall comply with all other requirements of this zoning ordinance including, but not limited to, requirements for setbacks, yards, height, and lot coverage and off-street parking:

A. Additions. A conforming building or other structure may be added to; provided, that the portion of the building or other structure comprising such addition complies with all requirements of this zoning ordinance including, but not limited to, setback, yard, height, and lot coverage.

B. Restoration of Building or Other Structure. If a nonconforming building or structure is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, structural alterations or other repairs for purposes of reconstruction may be carried out to the extent allowed by this subsection B:

C. Other Repair. Repair of nonconforming buildings or other structures, other than structural alterations and other repairs required for restoration of damaged or partially destroyed buildings, may be carried out; provided, that:

D. Remodels, and Other Additions or Alterations. Notwithstanding any provisions of subsections A and C of this section to the contrary, in any instance where a person proposes to, or commences to, alter, expand, or add to an existing nonconforming building or structure and nonconforming portions of the nonconforming building or structure are demolished in the course of such alterations, expansions, or additions, all nonconforming portions of the building or structure so demolished shall be reconstructed in compliance with all height, setback, yard, lot coverage and other regulations applicable for the zone in which the nonconforming building or structure is located. The requirements of this subsection D shall apply regardless of whether such demolition is determined by the building official to be necessary to comply with the Uniform Building Code or required for the protection of the public health and safety. (Code 1971, § 15.665.030; Ord. No. 2001-10, § 7, 6-18-01)

A. Continuation of County Permits. Whenever property is annexed to the city and such property has a building, structure, or use of land that was lawfully established or maintained in Ventura County pursuant to a valid permit granted by Ventura County, or any agency or political subdivision thereof, any and all conditions or requirements placed on such permit must be complied with in order to continue or maintain such building, structure, or use of land in compliance with this zoning ordinance. Violation of any such conditions or requirements shall constitute a violation of this zoning ordinance and shall be subject to the enforcement provisions as specified in Chapter 24.580 in addition to any and all other penalties and remedies provided by law.

B. Inhabited Annexation. Any property developed with an existing residential use type that becomes nonconforming as to any zoning regulation contained in this zoning ordinance as a result of an inhabited annexation, wherein a vote of the inhabitants of the area annexed was held prior to April 27, 1977, shall be deemed to be a legal nonconforming residential use with respect to such zoning regulations. Any such nonconforming residential use may be continued indefinitely, but the use may not be intensified, enlarged, expanded, or in any other manner changed or altered, except to bring the use into conformity or closer to conformity with existing regulations. However, any such nonconforming residential use that has been intensified, enlarged, expanded or otherwise changed or altered since the date the inhabited annexation occurred, and prior to December 31, 1976, may be altered or restored to the nature and scope of residential use that existed on the date of annexation, or to a use that is permitted in the zoning district in which the subject site is located, at the election of the property owner. Repairs may be carried out on buildings or other structures occupied by such nonconforming residential uses if the director determines that such repairs do not enlarge or expand the legal nonconforming use.

C. Inhabited Montalvo Area Annexation. Any property developed with an existing residential use type or structure that becomes nonconforming as to any zoning regulation contained in this zoning ordinance as a result of an inhabited annexation of Montalvo, effective on September 1, 2012, shall be deemed to be a legal nonconforming residential use or structure with respect to such zoning regulations. Any such nonconforming residential use may be continued indefinitely, but the use or structure may not be intensified, enlarged, expanded, or in any other manner changed or altered, except to bring the use or structure into conformity or closer to conformity with existing regulations. However, any such nonconforming residential use or structure that has been intensified, enlarged, expanded, or otherwise changed or altered since the date the inhabited annexation occurred, and prior to September 1, 2012, may be altered or restored to the nature and scope of residential use or structure that existed on the date of annexation, or to a use or structure that is permitted in the zoning district in which the subject site is located, at the election of the property owner. Repairs may be carried out on buildings or other structures occupied by such nonconforming residential uses if the director determines that such repairs do not enlarge or expand the legal nonconforming use or structure.

D. Animal Livestock Within Montalvo Area Annexation. Any number of chickens or miniature goats that existed within the Montalvo area prior to September 1, 2012, may remain on a legal residential lot for the life of the animal(s); provided, that a resident applies for a director’s permit by July 1, 2014. Any new chickens or miniature goats brought into the Montalvo area after September 1, 2012, are allowed with a director’s permit in the Montalvo area’s single-family lots within the R-1, R-2 zone subject to the following requirements:

A. Repair of Buildings. Where the off-street parking provided for a use does not meet the requirements of Chapter 24.415, repair of any buildings on the site occupied by that use may be carried out; provided, that no structural alterations may be carried out unless the building official determines those structural alterations to be necessary for the protection of the public health and safety. If structural alterations are carried out which are not determined by the building official to be necessary for the protection of the public health or safety, all off-street parking requirements of Chapter 24.415 must be met by any and all uses occupying, or otherwise using, any buildings on the subject site.

B. Additions to Building. Where the off-street parking provided for a use does not meet the requirements of Chapter 24.415, additions to buildings on the site occupied by that use may be carried out only if all requirements of Chapter 24.415 are met by any and all uses occupying, or otherwise using, any buildings on the subject site.

C. Vacancy. In addition to the provisions of Section 24.465.040 regarding discontinuance of nonconforming uses and change of a nonconforming use to a conforming use, where any nonresidential use does not meet the off-street parking requirements of Chapter 24.415, and the building which the nonresidential use occupies becomes and remains vacant for an uninterrupted period of 12 months, the building may not be reoccupied, nor may any new land use be initiated anywhere on the site, unless all requirements of Chapter 24.415 are met. (Code 1971, § 15.665.060)

A. Where no buildings are occupied or otherwise used in connection with a nonconforming use, that use shall be terminated within five years from the date it became nonconforming; provided, that:

B. Billboards which do not have a valid use permit shall be removed no later than May 13, 1971. (Code 1971, § 15.665.070)

A. Impacts Upon Residential Uses and Zones. The following performance standards shall be measured on the property line of any residential dwelling or permitted use in an area with residential zoning and which is in conformance with the comprehensive plan future land use designation:

B. Air Contaminants. Visible emissions of air contaminants such as smoke, gases, or dust generated by any industrial zone use shall not last more than four minutes per hour.

C. Hazardous or Noxious Gases Liquids, Materials or Waste. Manufacture or storage of hazardous or noxious gases shall not be undertaken or carried on in a manner which permits unauthorized release into the air or ground. Hazardous or noxious liquids shall not be manufactured or stored in any manner which permits unauthorized seepage into the ground, release into sewers or open waters, or evaporation into the air. Manufacture or storage of hazardous solid matter shall not be undertaken or carried on in any manner which permits unauthorized mixture of such matter with the soil, runoff into sewers or open waterways, or introduction into the air (e.g., windblown dust). Production, storage, handling, or use of hazardous wastes or other hazardous materials shall be separated from residential or other sensitive uses by an adequate buffer. (Code 1971, § 15.670.030)

A. Application. During the initial study, the director will evaluate, to the extent feasible, conformance of proposed or expanded industrial facilities to the industrial performance standards set forth in this chapter. The director may require the project applicant to submit such evidence as is needed to make an objective determination of the effects of the project. The information which may be required to protect the public health and the environment from significant hazards may include, but is not limited to:

B. Expert Services. The director may require the applicant to solicit the advice of a qualified engineer or expert consultant regarding measures to bring the project into compliance with the performance standards. Such engineer(s) or consultant(s) shall be a person or firm mutually agreeable to the director and the applicant. The cost of the consultant’s or engineer’s services shall be borne by the applicant. Failure to submit such data required by the director within a specified time period shall render the application for other city licenses or permits incomplete and no further action need be taken thereon. (Ord. No. 2021-017, § 58, 12-13-21)

A. Front Setback. A front setback of not less than 20 feet is required;

B. Rear Setback. A rear setback of not less than 20 feet is required;

C. Side Setback. Side setbacks of not less than 10 feet are required for each side yard; provided, that in any instance where the proposed use is located adjacent to property used for residential purposes, a side setback of not less than 20 feet shall be required between the fast service drive-up restaurant use and the residential use;

D. Drive-Up Lanes. Drive-up lanes shall be designed and maintained as follows:

E. Internal Circulation. On-site traffic circulation and parking shall be developed in a manner that minimizes conflicting traffic movements between ingress and egress lanes. In order to maximize the efficiency of the internal circulation system, access widths greater than those required by Chapter 24.415 may be required and a one-way internal traffic system may be required. Access lanes may be required to be demarcated with lines or Bott’s dots;

F. Parking. Off-street parking spaces shall be located so as to minimize conflicts with drive-up lanes and on-site traffic circulation. In addition, at least two of the required parking spaces shall be located near the drive-up lane order area to provide a place for vehicles to be parked as their occupants wait for their orders to be processed;

G. Landscaping. A minimum width of 10 feet of landscaping shall be provided adjacent to all elevations of the building except for walkways, drive-up lanes, or approved service accesses. A minimum width of five feet of landscaping shall be installed and maintained around the perimeter of the site, unless otherwise provided in this zoning ordinance;

H. Lighting. Ground-mounted light fixtures shall have a maximum height of 20 feet. Such light fixtures and all other lighting provided in conjunction with the use shall be shielded to prevent splash of light onto adjacent properties. The director may require photometric analysis to confirm compliance with this standard;

I. Trash Storage Areas. Trash storage areas shall be designed and integrated into the building and site so as to minimize adverse impacts on adjacent sites and streets. The design of such trash storage areas shall provide for easy access without interfering with pedestrian or vehicular traffic on site;

J. Restrooms. All restrooms shall be accessible from inside the building only; and

K. Arcade Games. No arcade games shall be permitted either inside or outside the building. (Code 1971, § 15.675.020; Ord. No. 2021-017, § 59, 12-13-21)

“Outdoor dining uses in the public right-of-way” means any uses classified within the Dining Establishments: Full Service use type which have areas in or on a public right-of-way. (Code 1971, § 15.677.020)

A. No director’s permit for an outdoor dining use in the public right-of-way may be approved for a proposed use in a street or alley.

B. To provide for adequate pedestrian circulation, outdoor dining uses in the public right-of-way shall maintain a minimum of four feet of clearance between dining furnishings and any curbline, street furniture or above ground utilities. A minimum of 50 feet of clearance shall be maintained between dining furnishings and the centerline of intersecting perpendicular driveways, alleys or streets to provide for adequate vehicle sight, unless a lesser distance is determined by the director to be adequate for the protection of the public safety.

C. Outdoor dining uses in the public right-of-way shall not be required to provide any additional parking spaces for their outdoor dining area.

D. Tables and chairs used for outdoor dining shall be of substantial materials. Tables shall be a maximum of three feet in diameter if round and three feet along the longest side if rectilinear. All such furnishings shall be stored indoors after hours of operation.

E. In addition to whatever signage may be permitted for the dining establishment use by the sign ordinance, and notwithstanding any provisions of Chapter 24.420 to the contrary, one portable sign, such as a menu board/chalk board or “A” board sign, shall be permitted; provided, that said sign is attractively designed, maintains adequate pedestrian and vehicle sight clearance per subsection B of this section, does not block the visibility of display windows or signage of any adjacent business, is stored indoors after hours of operation, and is limited to no more than 10 square feet in area. Additional signage on umbrellas may also be permitted. The director shall have design review authority for signs used in conjunction with outdoor dining uses and shall carry out such design review authority in conjunction with the overall review of the outdoor dining use pursuant to Chapter 24.505.

F. No outdoor dining use in the public right-of-way, including furnishings and signs, shall block visibility of display windows or signage of adjacent businesses, unless written consent of any affected adjacent business owner to block visibility is obtained by the applicant and provided to the director.

G. The outdoor dining use operator shall maintain the outdoor dining area in a clean and safe condition at all times, including properly disposing of all trash generated by the operation.

H. Approval of a director’s permit for outdoor dining in the public right-of-way shall be valid for an initial one-year period. Permittees may apply for an unlimited term permit renewal, unless a limited term is deemed appropriate by the director. Applications and renewals shall be subject to an application fee of $50.00, or fee as may otherwise subsequently be set by amendment of city council Resolution No. 92-44, to include a separate fee for outdoor dining uses in the public right-of-way.

I. The outdoor dining use operator shall provide an executed city hold harmless waiver and proof of liability insurance to the satisfaction of the city risk manager. (Code 1971, § 15.677.040)

Auction Sales.

Community Meeting.

Day Care Centers.

Education Services: Commercial.

Education Services: General.

Recreation Services: Indoor Entertainment.

Recreation Services: Indoor Sports and Recreation. (Code 1971, § 15.680.020)

A. The applicant shall submit written verification from the fire department that there are no incompatible hazardous occupancies located on, or immediately adjacent to, the subject site. For purposes of this chapter, “hazardous occupancies” means any uses which are subject to the provisions of Chapter 14.50, Sections 14.50.110 et seq., Hazardous Material Storage, as it may be amended from time to time, or its successor regulation. If a hazardous occupancy is already present on, or on a site adjacent to, the site proposed to be occupied by the assembly use, or if the proposed assembly use is to be located in a multi-tenant building, then all of the following requirements which apply, singly or in combination, must be met:

B. The applicant shall submit an emergency evacuation program which includes monthly drills and training of key personnel for the proposed assembly use. Said program shall be submitted for review and approval by the planning commission as a part of the use permit application. (Code 1971, § 15.680.040; Ord. No. 2021-017, § 60, 12-13-21)

A. Recycling Services: Consumer Recycling Collection Points. Recycling Services: Consumer Recycling Collection Points uses shall be so located on a site that they do not occupy or displace required parking spaces or required landscaped areas. No more than six collection bins, containers, or reverse vending machines, not to exceed a total of 200 square feet in area, may be located on any one site.

B. Recycling Services: Recycling Transfer. In addition to all terms and conditions of the use permit authorizing the use, Recycling Services: Recycling Transfer uses shall be designed to provide for adequate mitigation of noise, odor, and similar physical impacts. Adequate landscaping, walls, fences, or other screening shall be incorporated into any such facility to visually screen the facility from adjacent properties and public rights-of-way.

Use of a site for Recycling Services: Recycling Transfer purposes shall be limited to the collection, sorting and temporary holding of recycled materials. Such recycled materials may remain on the site for no more than 30 days.

In the M-P-D zone, Recycling Services: Recycling Transfer uses must be conducted within a completely enclosed building, except for ancillary open storage not to exceed 10 percent of the total area of the site.

C. Recycling Services: Scrap Operations. In addition to all terms and conditions of the use permit authorizing the use, Recycling Services: Scrap Operations uses shall be designed to provide for adequate mitigation of noise, odor, and similar physical impacts. All such uses shall be screened from view from adjacent properties and public rights-of-way and shall be enclosed by a solid fence or wall a minimum of eight feet in height. No materials shall be stored above the height of the required solid fence or wall enclosure. Landscaping shall be provided to aesthetically modulate the required solid fence or wall from adjacent properties and public rights-of-way. (Code 1971, § 15.685.020)

“Day care center” means such a facility as defined in Health and Safety Code Section 1596.76, and includes any child day care facility other than a family day care home and includes infant centers, preschools, extended day care facilities and school age child care facilities, which involves the supervision of more than 14 children under 18 years of age for a period less than 24 hours per day. “Day care center” does not include any adult day care facility.

“Park” means the land and easements owned or leased by the city of San Buenaventura which, by ordinance, resolution, regulation or agreement, are dedicated to or operated by the city for purposes of public recreation be it active or passive but does not include trails, bikeways or the like. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park.

“Religious institution” means a stand-alone structure where people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this section. Any storefront religious institution that does not occupy the majority of a multi-tenant facility is not included in this definition.

“Residentially zoned property” means any property within the city carrying a zoning classification that allows residential use as of right or allows for residential use with a planned development permit when no other use permit is required.

“School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California 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, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university, nor does it include tutoring centers such as Kumon or Mathnasium. (Ord. No. 2017-011, § 2, 8-7-17)

A. Adult businesses, as defined in Chapter 6.900, shall be:

B. The sites of all sensitive uses that exist as of the effective date of the ordinance codified in this chapter shall permanently remain as designated on the map and list of sites both of which are included as exhibits to the staff report. Any subsequent establishment of a sensitive use shall not eliminate any potential adult business site(s) which meets the locational requirements of the ordinance as of its effective date.

C. Any person violating or causing the violation of any of these locational provisions regulating adult businesses shall be subject to the remedies of Section 24.492.130. (Code 1971, § 15.692.050; Ord. No. 2017-011, § 2, 8-7-17)

A. Any adult business lawfully operating on June 23, 1994, that is in violation of this chapter is hereby declared a legal nonconforming adult business. A legal nonconforming adult business may be permitted to continue, but any such nonconforming business shall be subject to the nonconformity regulations set forth in Chapter 24.465.

B. An adult business shall not be rendered a nonconforming use based upon location of any of the sensitive uses as noted in Sections 24.492.050(A)(2) and (A)(3) after the acceptance of a completed adult business regulatory permit application. (Code 1971, § 15.692.120; Ord. No. 2017-011, § 3, 8-7-17)

A. Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

B. In addition to the remedies set forth in subsection A of this section, any adult business that is operating in violation of these provisions regulating adult business is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (Ord. No. 2017-011, § 4, 8-7-17)

“Ammunition” means any cartridge or encasement containing a bullet or projectile, propellant, or explosive charge, and a primer that is used in the operation of a firearm.

“Day care center” means such a facility as defined in Health and Safety Code Section 1596.76, and includes any child day care facility other than a family day care home and includes infant centers, preschools, extended day care facilities and school age child care facilities, which involves the supervision of more than 14 children under 18 years of age for a period less than 24 hours per day. “Day care center” does not include any adult day care facility.

“Firearm” shall mean any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion.

“Firearm and ammunition sales” means the selling, leasing, or transferring of any firearm or firearm ammunition in quantity, in series, in individual transactions, or in any other manner indicative of trade; or the preparation for such conduct as evidenced by the securing of applicable federal or state licenses; or the holding of one’s self out as engaging in such conduct. Only conduct or activities which constitute a regular and substantial course of conduct shall qualify for purpose of this section.

“Firearms dealer” means any person, corporation, partnership or other entity engaged in the business of selling, leasing, or otherwise transferring any new or used firearm or ammunition, which person or entity has obtained a law enforcement permit to sell, lease, or transfer firearms or ammunition.

“Park” means the land and easements owned or leased by the city of San Buenaventura 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 but does not include trails, bikeways or the like. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park.

“Regular and substantial course of conduct” means:

“Religious institution” means a stand-alone structure where people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this section. Any storefront religious institution that does not occupy the majority of a multi-tenant facility is not included in this definition.

“Residentially zoned property” means any property within the city carrying a zoning classification that allows residential use as of right or allows for residential use with a planned development permit when no other use permit is required.

“School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California 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, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university, nor does it include tutoring centers such as Kumon or Mathnasium. (Ord. No. 2019-001, § 9, 3-18-19)

A. Within 500 feet of any daycare center, as defined in Section 24.494.030. The distance between the firearm and ammunition sales business and the daycare center shall be measured from the closest exterior wall of the firearm and ammunition sales business and the nearest property line of the daycare center, along a straight line extended between the two points, without regard to intervening structures;

B. Within 500 feet of any park, as defined in Section 24.494.030. The distance between the firearm and ammunition sales business and the park shall be measured from the closest property line of the park and the closest exterior wall of the firearm and ammunition sales business, along a straight line extended between the two points, without regard to intervening structures;

C. Within 500 feet of any religious institution, as defined in Section 24.494.030. The distance between the firearm and ammunition sales business and the religious institution shall be measured from the closest exterior wall of the firearm and ammunition sales business and the nearest property line of the religious institution, along a straight line extended between the two points, without regard to intervening structures;

D. Within 500 feet of any residentially zoned property, as defined in Section 24.494.030. The distance between the firearm and ammunition sales business and the residentially zoned property shall be measured from the closest exterior wall of the firearm and ammunition sales business and the nearest property line included within the residential zone, along a straight line extended between the two points, without regard to intervening structures;

E. Within 500 feet of any school, as defined in Section 24.494.030. The distance between the firearm and ammunition sales business and the school shall be measured from the closest exterior wall of the firearm and ammunition sales business and the nearest property line of the school, along a straight line extended between the two points, without regard to intervening structures; or

F. Within 200 feet of another legally authorized firearm and ammunition sales business. The distance between the firearm and ammunition sales businesses shall be measured from property line of one firearm and ammunition sales business to the nearest property line of the other firearm and ammunition sales business, along a straight line extended between the two points, without regard to intervening structures.

G. The sites of all uses that exist as of the effective date of the ordinance codified in this chapter shall permanently remain as designated on the map and list of sites both of which are included as exhibits to the staff report. Any subsequent establishment of a use shall not eliminate any potential firearm and ammunition sales business site(s) which meets the locational requirements of this chapter and the ordinance adopting the same as of its effective date. (Ord. No. 2019-001, § 9, 3-18-19)

A. Any firearm and ammunition sales business lawfully operating on the date the locational standards for firearm and ammunition sales businesses set forth in Section 24.494.050 become effective is hereby deemed a nonconforming use. A nonconforming use may be permitted to continue, but any such nonconforming use shall be subject to the nonconformity regulations set forth in Chapter 24.465, excepting that amortization shall not apply.

B. A firearm and ammunition sales business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of a business license for that firearm and ammunition sales business, of a church, synagogue, mosque, or temple, or any other noncommercial establishment operated by a bona fide religious organization, public or private school, educational facility, preschool, nursery, day care center, residential zone, or residential use within 500 feet of the firearm and ammunition sales business. This subsection applies only to the renewal of a valid business license and does not apply when an application for a business license is submitted after a business license has expired or has been revoked or otherwise terminated. (Ord. No. 2019-001, § 9, 3-18-19)

A. Siting Standards. All uses classified within the Hazardous Waste Facility use type shall be permitted only when located, developed, and operated in conformance with the hazardous waste facility siting criteria listed in the comprehensive plan safety element technical appendix.

B. Development and Operational Standards. In addition to the terms and conditions of the use permit authorizing the use, all uses classified within the Hazardous Waste Facility use type shall be designed to provide for adequate mitigation of noise, odor, risk of upset, release of hazardous substances, ease of emergency access, and other similar factors. All uses classified within the Hazardous Waste Facility use type shall be operated within a completely enclosed building. (Code 1971, § 15.695.020)

A. Provide for the siting and development of wireless telecommunications facilities to serve city of Ventura residents, businesses, industry, schools, and other institutions and to set forth specific permit regulations for those facilities.

B. Promote orderly development and ensure that wireless telecommunications facilities are compatible with surrounding land uses in order to preserve the unique visual character of the city.

C. Provide a public forum to ensure a balance between public concerns and private interests in establishing wireless telecommunications facilities.

D. Protect the visual character of the city from the potential adverse effects of wireless telecommunications facilities and prevent visual blight within or along the city’s scenic corridors and ridgelines through careful design, siting, landscaping, and various innovative camouflage techniques.

E. Avoid potential damage to adjacent properties from tower/monopole failure through careful engineering and siting of such structures.

F. Maximize the use of any existing wireless telecommunication tower or monopole and the use of well-camouflaged sites to minimize the need to construct new towers or monopoles within the city.

G. Maximize and encourage the use of minor camouflaged wireless telecommunications facilities or co-location with existing wireless telecommunications facilities structures as a primary option rather than construction of new single-use towers or monopoles.

H. Protect the visual and other environmental resources of Ventura. (Ord. No. 2000-04, § 61, 1-24-00)

A. Wireless Telecommunication Facilities, Mini. A zoning clearance must be obtained prior to the installation of a Wireless Telecommunications Facilities, Mini use type as defined in Section 24.115.3460(A).

B. Wireless Telecommunication Facilities, Minor. A director’s permit pursuant to Chapter 24.505 shall be obtained prior to installation of a Wireless Telecommunications Facilities, Minor use type as defined in Section 24.115.3460(B).

C. Wireless Telecommunication Facilities, Major. Depending on the requirements applicable to the underlying zoning district in which a Wireless Telecommunications Facilities: Major use type as defined in Section 24.115.3460(C) is proposed to be located, a use permit or planned development permit, or both, shall be obtained pursuant to Chapters 24.520 and 24.535, prior to the installation of the wireless telecommunication facility, major. (Ord. No. 2000-04, § 61, 1-24-00; Ord. No. 2021-017, § 61, 12-13-21)

A. The name, address, telephone number and title of the officer, agent or employee responsible for the accuracy of the applicant’s materials and who will serve as a contact for the city regarding the siting of new wireless telecommunications facilities in the city.

B. A project description fully describing the proposed facility, including a description of proposed lighting and noise-generating equipment, and the projected useful life of the facility.

C. A site plan of the proposed project including existing and proposed walls and fences, proposed lighting and access to the facility.

D. A landscape plan showing all existing vegetation and identifying landscaping that is to be retained on the site and any additional vegetation that is proposed to screen the facility from adjacent land uses and public views.

E. If ground mounted, a topographic map showing existing and proposed contours, including access.

F. A narrative and map description of all the other applicant’s existing and proposed wireless telecommunications facilities within the city.

G. Visual impact assessment, including existing site photos and photo simulations from a minimum of four vantage points. The photo simulation is to be an accurate representation that includes a worst case impact on the view from the public realm and shall encompass a radius of at least 1,000 feet from the proposed site. The assessments shall consider views from public areas as well as from nearby private residences.

H. An alternate site analysis presenting various locations considered, which would minimize the number, size, and adverse visual impacts of facilities necessary to provide telecommunication services to the public. When the decision-making authority determines that an alternate location is more desirable, the burden of proof shall be on the applicant to show that the alternate location is not feasible or reasonable for signal access.

I. Retention of an appropriate technical consultant, by the city, at the applicant’s expense to verify the need for any requested administration variance.

J. Such other information as the director may reasonably require. (Ord. No. 2000-04, § 61, 1-24-00)

A. Sufficient entry-deterrent measures shall be incorporated into the facility design, if needed, to reduce the potential for trespass and injury.

B. Mobile or immobile equipment not used in direct support of a wireless telecommunications facility shall not be stored on the site of a wireless telecommunications facility, unless repairs to the facility are being made.

C. The use of any portion of a wireless telecommunications facility for signs or advertising purposes is prohibited, unless it is part of the camouflage design or primary structure upon which the wireless telecommunications facility is affixed.

D. Accessory facilities (i.e., vaults, equipment rooms, utilities and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) or shall be placed in underground vaults if feasible.

E. Ground-mounted accessory facilities which cannot be practically placed in underground vaults, such as security lighting or screening walls, shall be no taller than six feet in height unless approved otherwise by the decision-making authority and shall be designed to be compatible with a structure or facility typically found in the area and zone where it is located. Existing vegetation removed by construction of support utilities shall be replaced. (Ord. No. 2000-04, § 61, 1-24-00)

A. The height shall be the minimum necessary without compromising reasonable reception or transmission.

B. The design, finish, colors and texture shall be nonreflective and blend with the surrounding natural and/or human-made environment.

C. Screening of the facility by existing and/or proposed structures and landscaping to the extent possible without unduly compromising reception when not of a camouflage design.

D. Fencing, landscaping, and other screening shall be integrated and compatible with surrounding improvements.

E. If it is necessary, painted components shall be repainted with “flat” (nongloss) paint to maintain continuous coverage at all times. The color selected shall be one that will minimize the visual impact to the greatest extent feasible. Facilities that will be primarily viewed against soils, trees, grasslands or sky shall be painted or repainted colors matching these landscapes during the predominant season.

F. All utilities servicing the facilities shall be placed underground unless existing overhead lines currently servicing the site will be used to service the facilities. (Ord. No. 2000-04, § 61, 1-24-00)

A. Wireless telecommunications facilities shall be located on a site in such a manner that they do not occupy or displace the minimum required parking spaces or minimum required landscape areas.

B. Wireless telecommunications facilities shall be installed so that they are not visible from any scenic drive or scenic approach as identified in the community design element of the comprehensive plan unless sufficiently screened or camouflaged.

C. Wireless telecommunications facilities and their appurtenances shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel unless sufficiently screened or camouflaged.

D. Wireless telecommunications facilities located in hillside areas of high visibility shall be sited below the ridgeline or otherwise designed to mitigate their impact on the ridgeline profile and are sufficiently screened or camouflaged.

E. Wireless telecommunications facilities shall not be installed on an exposed ridgeline, in or at a location readily visible from Highway 101, Highway 33 or the 126 Freeway, a public trail, public park or other outdoor recreation area unless it is placed underground, depressed, or located behind earth berms or blends with the surrounding existing natural and human-made environment in such a manner as to be camouflaged.

F. Wireless telecommunications facilities shall not be installed in the floodplain (FP), coastal bluff (CB), or sensitive habitat (SH) overlay zones.

G. Wireless telecommunication facilities shall not be installed in the coastal zone unless the requirements set forth in Section 24.515.070(C) have been met.

H. Wireless telecommunications facilities shall not be installed at a location where special painting or lighting will be required by the FAA regulations, unless technical evidence acceptable to the decision-making authority is submitted showing that this is the only technically feasible location for this facility. (Ord. No. 2000-04, § 61, 1-24-00)

A. Accessory facilities, including, but not limited to, poles, towers, parking areas, access roads, utilities and equipment buildings, shall be shared by the site users.

B. The facility shall make available unutilized or underutilized space for co-location of other wireless telecommunications facilities, including space for those entities providing similar, competing services.

C. All new Wireless Telecommunications Facilities: Major shall be designed to accommodate co-location.

D. Application permits required for Wireless Telecommunications Facilities: Major shall include the following in addition to the information as applicable:

A. The height shall not exceed that building’s height limit as determined by the city’s zoning ordinance.

B. The height shall not exceed the height of the building or structure that is legally nonconforming to height.

C. Notwithstanding any provision of this section or Chapter 24.405 to the contrary, if the height of any Wireless Telecommunications Facilities: Mini or Minor exceeds the overall height limitations of the zone district within which it is sited, or exceeds the legally nonconforming height, that facility shall require approval of an administrative variance. (Ord. No. 2000-04, § 61, 1-24-00)

A. A manually operated or motion-detector controlled light above any accessory structure which shall be kept off except when personnel are actually present at night.

B. The minimum tower lighting required by FAA regulations.

C. Lighting shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences.

D. Requirements of subsection A or C of this section may be waived by the decision-making authority if the wireless telecommunications facilities is designed as a light pole. In such instance, lighting intensity, direction, and shielding shall be the same as other pole-mounted lights in the vicinity, the design of which has been duplicated for construction of the wireless telecommunications facilities. (Ord. No. 2000-04, § 61, 1-24-00)

A. All areas disturbed during project construction, other than the access travelway and parking shall be revegetated with plants compatible with the surrounding area.

B. Landscaping shall be required to screen new access grading from public viewpoints. (Ord. No. 2000-04, § 61, 1-24-00)

A. One parking space shall be provided in close proximity to each facility, unless:

B. If parking is required, sufficient turn-around space shall be provided on site, so that service vehicles are not required to back out directly onto streets. (Ord. No. 2000-04, § 61, 1-24-00)

A. The proposed site results in fewer or less severe impacts than any alternative sites that have been considered;

B. Special design considerations have been incorporated into or applied to the wireless telecommunications facilities to ensure that the facility will not result in an adverse visual impact to the surrounding properties or public views;

C. The proposed wireless telecommunications facilities will be substantially screened from the view of surrounding properties and public view or will otherwise be substantially camouflaged;

D. All applicable development standards for wireless telecommunications facilities have been met, or an administrative variance has been granted. (Ord. No. 2000-04, § 61, 1-24-00)

“Historic district” means a geographically definable area possessing a significant concentration, linkage or continuity of site, buildings, structures and/or objects united by past events, or aesthetically by plan or physical development, regardless of whether such a district may include some buildings, structures, sites, objects, or open spaces that do not contribute to the significance of the district.

A historic district can generally be distinguished from surrounding areas (1) by visual change such as building density, scale, type, age, or style; or (2) by historic documentation of different associations or patterns of development. The number of nonsignificant properties a historic district can contain yet still convey its sense of time and place and historical development depends on how these properties impact the historic district’s integrity.

“Landmark” means any real property such as building, structure, or archaeological excavation, or object that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic feeling, and is associated with:

“Point of interest” means any real property or object:

A. The director may require applications for any development proposal involving buildings or structures over 40 years of age that are not designated or have not been identified in a previous historic resources survey adopted by the city council to provide a historic resources assessment report (or “Phase I”) prepared by a city-designated historic preservation professional and funded by the applicant. The director will base this decision on the following considerations:

B. If the director determines a building or structure is a potential historic resource, then historic design review is required based on Section 24.545.030(A)(3) subject to the Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties and any other applicable historic resource design guidelines. (Ord. No. 2021-017, § 48, 12-13-21)

A. Landmarks and Points of Interest. The city council’s action on the historic preservation committee’s recommendation shall be by resolution, and subject to all of the following findings:

B. Historic District. For applications to establish a historic district, the planning commission shall receive the historic preservation committee’s recommendation, hold a public hearing, and adopt a resolution forwarding a recommendation to the city council. The city council shall consider the recommendation pursuant to Chapters 24.340 and 24.540. (Ord. No. 2021-017, § 50, 12-13-21)

A. The city council may, but is not required to, convene a public hearing within 90 days from the date of adoption by the planning commission of a resolution recommending the declaration of a landmark or point of interest.

B. The city council may continue the public hearing, or, following the close of the public hearing, may continue its consideration of the proposed declaration of a landmark a point of interest, for a period of time deemed reasonable and appropriate by the city council taking into account, among other things, the continuing development prohibitions imposed on the property by this chapter. (Ord. No. 2005-004, § 3, 5-2-05)

A. The landmark or point of interest shall be substantially in accordance with the definitions of “landmark” or “point of interest.”

B. The landmark or point of interest shall have significance to the people of the city.

C. The landmark or point of interest shall not require the expenditure by the city of any amount of money not commensurate with the actual or aesthetic value of the subject to be preserved. (Ord. No. 2005-004, § 3, 5-2-05)

A. If the city council decides to declare any real property or object to be a landmark or point of interest, such declaration shall be by city council resolution and may be based upon the planning commission’s recommendation.

B. Resolutions approving a landmark or point of interest designation will include a legal description of the property involved including lot and block number and the name of the property owner and will be duly recorded by the city clerk in the county recorder’s office. (Ord. No. 2005-004, § 3, 5-2-05)

A. The owner shall pay to the city the greater of $10,000 or the appraised value of the landmark before demolition occurred minus the appraised value after such action; and

B. No building permits shall be issued for new development on the property for a period of five years from the date of demolition. (Ord. No. 2005-004, § 3, 5-2-05; Ord. No. 2021-017, § 52, 12-13-21)

A. Upon declaration of a landmark or point of interest by the city council, the director may determine which landmarks or points of interest shall be marked with uniform and distinctive markers and specify the form thereof, subject to consent of the owner.

B. The director shall maintain and make available to the general public a list of all such declared landmarks or points of interest. (Ord. No. 2005-004, § 3, 5-2-05; Ord. No. 2021-017, § 54, 12-13-21)

A. The landmark or point of interest does not substantially conform with the definitions of “landmark” or “point of interest,” based on information that was not available at the time of the original designation;

B. The landmark or point of interest no longer has significance to the people of the city;

C. The landmark or point of interest requires the expenditure by the city of an amount of money not commensurate with the actual or aesthetic value of the subject to be preserved.

“Alcoholic beverage” means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and any other liquid or solid that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

“Alcoholic Beverage Control (ABC)” means the California State Department of Alcoholic Beverage Control.

“Alcoholic beverage establishment” means the business premises of any holder of a license, permit, certification or authorization by ABC to make, produce, manufacture, sell, give, or provide alcoholic beverages. Reference to an alcoholic beverage establishment shall include any immediately adjacent area that is owned, leased, licensed, rented, or controlled by the permittee. It shall also include any facility or building, or a portion thereof, which is rented out for special event functions wherein alcoholic beverages are made, sold, or provided on the premises. A nonretail license establishment is not an alcoholic beverage establishment.

“Alcohol server” shall have the same meaning as California Business and Professions Code Section 25680 as it may be amended from time to time.

“Deemed approved establishment” means any legal nonconforming alcoholic beverage establishment in existence and lawfully operating in the city immediately prior to the initial effective date of this chapter and in conformance with the standards set forth in Chapter 24.465.

“Nonretail license establishment” means the business premises of any holder of a license, permit, certification or authorization by ABC categorized as a nonretail license by ABC. However, the following ABC license types when the establishment is permitted by ABC to have direct consumer contact shall be considered an alcoholic beverage establishment and shall not be a nonretail license establishment: Type 01 – Beer Manufacturer, Type 02 – Winegrower, Type 23 – Small Beer Manufacturer, and Type 74 – Craft Distiller.

“Undue concentration” shall have the same meaning as California Business and Professions Code Section 23958.4 as it may be amended from time to time. (Ord. No. 2019-006, § 2, 6-10-19)

A. The community development department, under direction of the community development director, shall be responsible for issuing the use permits required by this chapter, and carrying out such other responsibilities expressly delegated to the community development department by the provisions of this chapter.

B. The police department, under direction of the police chief, shall be responsible for monitoring compliance by the owners, operators and employees of an alcoholic beverage establishment with the provisions of any use permit issued pursuant to the provisions of this chapter, including any use permit issued to a deemed approved establishment, and for initiating appropriate enforcement action in the event of noncompliance with or any use permit issued pursuant to this chapter.

C. The finance and technology department, under direction of the chief financial officer, shall be responsible for collecting all annual permit fees imposed pursuant to the provisions of this chapter. (Ord. No. 2019-006, § 2, 6-10-19)

A. Except as otherwise provided herein, no person shall establish a new alcoholic beverage establishment without first obtaining a use permit in the manner provided by this chapter.

B. Any modification to an existing use permit for an alcoholic beverage establishment, including changing the alcoholic beverage establishment’s type of ABC alcohol license or the modification of any condition in the existing use permit for the alcoholic beverage establishment, shall require the processing of a new use permit application in compliance with this chapter.

C. A use permit shall not be required for a special event function, provided all of the following criteria are met:

A. The name of the person(s) or entity(ies) applying for an alcohol license from ABC;

B. The type of ABC license the applicant is seeking for the alcoholic beverage establishment;

C. The name of the proposed alcoholic beverage establishment;

D. The true and complete name and address of each lender or shareholder with a five percent or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the alcoholic beverage establishment is to be paid;

E. The name and address of all existing schools, churches, hospitals, parks, playgrounds or other alcoholic beverage establishments within 300 feet of the proposed alcoholic beverage establishment as measured from the closest exterior wall of the proposed alcoholic beverage establishment and the nearest property line of the above referenced uses, along a straight line extended between the two points, without regard to intervening structures;

F. The alcoholic beverage establishment’s proposed operations and training plan; and

G. An application for modification of an existing use permit for an alcoholic beverage establishment shall identify the requested modification(s) to the conditions and, where applicable, the new type of ABC alcohol license. (Ord. No. 2019-006, § 2, 6-10-19)

A. The director of community development or their designee shall consider each application for a use permit for an alcoholic beverage establishment, provided such use permit is for an alcoholic beverage establishment within the time and in the manner provided for by Chapter 24.520.

B. The decision-making authority may approve issuance of the use permit for an alcoholic beverage establishment only if all of the following findings can be made in an affirmative manner:

A. Approval of an application for a use permit for an alcoholic beverage establishment shall be subject to the operational standards and training requirements set forth in Article 4 of this chapter.

B. Approval of an application for a use permit for an alcoholic beverage establishment may also be subject to other additional conditions determined to be necessary or desirable to ensure that the particular use authorized by the permit will be established, operated, and maintained in accordance with the findings required by Section 24.460.240, including, but not limited to, conditions that:

A. Except as otherwise provided herein, any alcoholic beverage establishment lawfully operating prior to the initial effective date of this chapter pursuant to an ABC license that authorizes the retail sale of alcoholic beverages for on-site or off-site consumption shall be issued a use permit pursuant to this chapter and shall thereafter be a deemed approved establishment that may continue to lawfully operate under such use permit provided the operation is conducted in compliance with the operational standards and any applicable training requirement set forth in Article 4 of this chapter, and has paid the annual permit fee required by Article 5 of this chapter.

C. Any modification of a deemed approved establishment or the discontinuance of a deemed approved establishment for six or more months shall require approval of a new use permit in compliance with this chapter. (Ord. No. 2019-006, § 2, 6-10-19)

A. Notify the owner of each deemed approved establishment within the city of the establishment’s deemed approved status, and provide the owner with a use permit authorizing the establishment to lawfully continue its operation in the manner required by this chapter;

B. Provide the owner of the deemed approved establishment with a copy of the provisions of this chapter and call the owner’s attention to the requirement that the deemed approved establishment be operated in accordance with the operational standards set forth in Article 4 of this chapter; and

C. Provide the owner of the deemed approved establishment with a copy of the permit fees adopted by the city council in accordance with Article 5 of this chapter, and advise the owner of the amount and due date of the deemed approved establishment’s annual permit fee. (Ord. No. 2019-006, § 2, 6-10-19)

A. Compliance With the State’s Alcoholic Beverage Control Act. All alcoholic beverage establishments shall be operated in strict compliance with the state’s Alcoholic Beverage Control Act, together with the conditions of any license issued by ABC to the establishment pursuant to that Act.

B. Nuisance Conditions. Reasonable steps shall be taken to discourage and timely correct objectionable conditions that constitute a nuisance on or about the alcoholic beverage establishment. “Reasonable steps” shall include calling the police in a timely manner, preventive design features, and requesting those engaging in such activities to cease those activities, unless personal safety would be threatened in making that request.

C. Litter and Graffiti. The exterior of the alcoholic beverage establishment, including the immediately adjacent area that is owned, leased, rented, or otherwise under the control of alcoholic beverage establishment, shall be maintained free of litter and graffiti at all times. The owner or operator should provide for daily removal of trash, litter and debris from the premises and on all abutting public sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours following receipt of written notice of violation from the police department.

D. Mode of Alcoholic Beverage Sales. Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. This provision shall also apply to alcoholic beverage sales to persons in watercraft.

E. Signs.

F. Consumption Outside of Establishment Prohibited. The operator of the alcoholic beverage establishment shall not cause or permit the consumption of alcoholic beverages purchased at the establishment in any parking lot, property or public right-of-way adjoining the establishment.

G. Limit on Purchasable Quantity. The sale of beer or malt beverage products in bottles or cans greater than 32 ounces in volume is prohibited; however, this standard is not intended to restrict the sale of alcoholic beverages in kegs or other kinds of food-safe sealable refillable transport containers designed for the transportation of beer or malt beverage products, such as growlers (up to 64-ounce glass or metal sealable container) for only off-site consumption.

H. Noise Restriction. Any entertainment provided at the establishment shall be carried out in a manner authorized by a dance hall or entertainment permit issued pursuant to Chapter 10.450, and shall not be audible more than 50 feet from the boundary of the property containing the establishment unless otherwise expressly authorized by the permit. (Ord. No. 2019-006, § 2, 6-10-19)

A. New Alcoholic Beverage Establishments. All persons that own or are employed in the operation of a new alcoholic beverage establishment that is issued a use permit in the manner provided for by Article 2 of this chapter or Chapter 24.520, and that are personally engaged in the sale or service of alcoholic beverages, or that supervise or otherwise control the sale or service of such beverages, shall successfully complete a certified training program in responsible methods and skills for selling and serving alcoholic beverages within 90 days of employment.

B. Existing Alcoholic Beverage Establishments. All persons that own or are employed in the operation of an existing alcoholic beverage establishment that is issued a use permit in the manner provided for by Article 3 of this chapter, and that are personally engaged in the sale or service of alcoholic beverages, or that supervise or otherwise control the sale or service of such beverages, may be required to undergo a certified training program in responsible methods and skills for selling and serving alcoholic beverages as part of a decision and order issued in a proceeding to revoke or modify the permit.

C. Certified Programs. To qualify to meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the state of California.

D. Expiration. Beginning July 1, 2021, this section shall no longer be applicable to alcohol servers provided state law requires alcohol server certification, such as Business and Professions Code Section 25682, as it may be amended from time to time. (Ord. No. 2019-006, § 2, 6-10-19)