A. Provide public noticing and public hearings for the most significant projects while allowing minor projects to be acted on administratively;

B. Rely on and utilize the expertise and experience of all city departments in the review, recommendations, and actions on permit applications, and utilize professional consultant support when additional expertise or experience is necessary; and

C. Rely on and utilize the expertise and experience of the design review committee for major projects and the historic preservation committee for projects that affect a historic resource. (Ord. No. 2021-017, § 62, 12-13-21)

A. Initiation. A request for an entitlement or permit listed in this title may be initiated by application by the property owner or agent, as prescribed in Section 24.500.030.

B. Coastal Permit. Any application within the coastal zone shall be subject to the provisions of Chapter 24.515, in addition to the provisions of this chapter.

C. Decision-Making Authority. When multiple, interrelated applications are submitted for a proposed project that requires, as a necessary component, one or more actions by a combination of the city council, planning commission, or director, the final decision-making authority shall be as follows:

D. Referrals. The director may forward any application to the design review committee or historic preservation committee for a recommendation. The director may forward any application for which the director is authorized to take an administrative action to a director’s hearing or to the planning commission for final action.

E. Notice and Hearing. Agenda items for decision-making authorities that require a public hearing shall be scheduled and noticed as required by Chapter 24.560.

F. Voting Procedure. In any instance where the decision-making authority is a decision-making body of two or more members, all actions relating to an application shall be by a majority vote of the decision-making authority present and voting. Any tie vote or other action that fails to receive a majority vote shall constitute a denial.

G. Action by Decision-Making Authority. The decision-making authority may take the following actions on a permit application.

H. Appeals. Action by the decision-making authority may be appealed to the city council as provided by Chapter 24.565, unless the city council was the decision-making authority, in which case the action is final.

I. Written Acknowledgment Required. Within the time period specified in the conditions of approval of the granted application, the applicant shall file with the director a written acknowledgment of the terms and conditions of the permit.

J. Effect. No final inspection or occupancy permit shall be granted unless the completed work complies with the plans approved and the conditions required by the decision-making authority. The colors, materials, building design, landscaping, site layout, and signs shall be established and maintained in accordance with the approved plans unless approval to the contrary is granted by the decision-making authority which granted the original approval.

K. Failure to Comply With Conditions. Failure to comply with any terms or conditions of an approved application, including failure to implement the project within the allowed time frame, is a violation of this zoning ordinance subject to the enforcement provisions prescribed by Chapter 24.580 and any and all other penalties and remedies that may be provided by law. An approved application may be revoked, or the conditions of its approval may be reevaluated, as provided by Chapter 24.570.

L. Permit Amendment. Procedures for amending approved permits are as provided in Chapter 24.570. (Ord. No. 2021-017, § 63, 12-13-21)

A. A director’s permit may be issued for certain minor administrative land use decisions or determinations that do not require a public hearing. Such decisions or determinations include, but are not limited to, interpretation of the official zoning district map, density review, classification of proposed uses, approval of certain temporary uses or signs, and minor changes.

B. A director’s permit for a minor change to approvals issued pursuant to this title shall be based on Section 24.570.090.

C. A director’s permit may also be issued authorizing the construction or installation of landscaping, a decorative wall, or a fence within the unimproved portion of a public right-of-way or city utility easement adjoining a residential lot or parcel if the director determines that:

D. A director’s permit may also be issued, following a noticed public hearing as prescribed by Chapter 24.560, to authorize establishment of a thrift store if the director determines and requires that all of the following operational standards will be satisfied:

A. The proposed project conforms to the comprehensive plan and the purposes and requirements of this zoning ordinance;

B. The proposed project is or will be adequately served by off-street parking, in accordance with Chapter 24.415, to accommodate the needs of the proposed project; and

C. The method of providing adequate off-street parking will not adversely impact other properties or be impracticable to provide all such required off-street parking spaces on the subject site. (Ord. No. 2021-017, § 65, 12-13-21)

A. The proposed use conforms to the city’s comprehensive plan and the purposes and requirements of this zoning ordinance; and

B. There is adequate parking available in Parking District No. 3 lots to accommodate the proposed use during the hours of operation of the proposed use. (Ord. No. 2021-017, § 66, 12-13-21)

A. Zoning Clearance. A zoning clearance is a ministerial, nondiscretionary certificate.

B. Coastal Development Permit. A coastal development permit is a coastal permit required to authorize any of the development activities set forth in Section 24.515.070.

C. Emergency Coastal Permit. An emergency coastal permit is a coastal permit required to authorize any of the development activities set forth in Section 24.515.090. (Ord. No. 2021-017, § 67, 12-13-21)

A. City Determination. The director shall make a determination as to what type of development is being proposed and shall inform the applicant of the notice and hearing requirements for that particular development.

B. Request for Opinion. If that determination is challenged by the applicant or an interested party, or if the city wishes to have the Coastal Commission’s determination of the appropriate designation, the city shall notify the Coastal Commission of the dispute/question and request the determination of the executive director. (Ord. No. 2021-017, § 65, 12-13-21)

A. Repair and Maintenance Activities. Repair and maintenance activities that do not result in addition to, enlargement or expansion of, the object of such repair or maintenance activities and public works facilities being restored to design capacities are exempt, except for:

B. Minor Development. Except when proposed on a beach, wetland, sand dune, estuary, stream, river or edge of a coastal bluff, or within 100 feet of such areas; on any area defined as a riparian habitat or environmentally sensitive habitats or their buffers, by the comprehensive plan; or on slopes greater than 20 percent, the following types of development are exempt:

C. Nonexempt Agricultural Uses. The following developments are not exempt from the coastal permit requirements of this chapter, notwithstanding their development on land designated for agricultural use:

A. Criteria. A zoning clearance shall be issued upon the request of an applicant; provided, that the request in question:

B. Expiration. Zoning clearances shall expire 180 days after issuance, unless otherwise indicated on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued. (Ord. No. 2021-017, § 67, 12-13-21)

A. Applicability. A coastal development permit shall be required for any development in the coastal zone which is not exempt pursuant to Section 24.515.050 or eligible for an emergency coastal permit pursuant to Section 24.515.090. A coastal development permit may be reviewed concurrently with other permits as required by this title, including, but not limited to, a use permit, variance, or subdivision.

In cases where a coastal development permit is required for a project that requires a planned development permit, the coastal development permit may substitute for the planned development permit.

B. Contents of the Application. All applicants for coastal development permits shall submit the following materials, as applicable, as part of the application:

C. Findings Required for Approval. A coastal development permit shall only be issued if specific factual findings are made to support all of the following:

D. Coastal Commission Changes. Where an appeal has been filed with the Coastal Commission as provided for under Section 24.515.130 and the Coastal Commission has reversed or modified the action of the city, the action of the Coastal Commission on the coastal development permit is final. (Ord. No. 2021-017, § 67, 12-13-21)

A. Applicability and Procedure.

B. Findings Required. The director may approve and/or modify an emergency coastal permit application, in whole or in part, with or without conditions, only if all the following findings of fact are made:

A. Notice of Public Hearing.

B. Notice of Final Action.

A. Appeals to the City Council.

B. Appeals to the Coastal Commission.

C. Grounds of Appeal.

A. Uses Allowed. A use permit may only be granted to approve, or conditionally approve, use types that are listed in the applicable zoning district regulations as use types that are permitted in that zoning district subject to a use permit, or uses that may be authorized by a use permit pursuant to Chapter 24.420 or 24.450.

B. Concurrent Minor Variances. A minor variance may be processed, reviewed and considered as a component of a use permit; provided, that the decision-making authority makes the findings required by Section 24.535.120 in addition to the findings required by this chapter for the approval of use permits before approving any such minor variance as a component of the use permit. (Ord. No. 2021-017, § 68, 12-13-21)

A. The proposed use conforms to the comprehensive plan and is consistent with the purposes and requirements of this zoning ordinance;

B. The proposed use will be served by adequate water, sewer, public utilities and services, and by adequate vehicular and pedestrian access to insure that the proposed use will not be detrimental to the public health, safety, and welfare;

C. Buildings or structures occupied by, or otherwise related to, the proposed use will be compatible with the scale, mass, bulk, and orientation of the buildings and structures in the surrounding vicinity; and

D. The proposed use is compatible with, and will not adversely affect or be materially detrimental to, uses, buildings, or structures in, or the general character of, the surrounding vicinity, or otherwise be inconsistent with the public health, safety, or welfare, due to hours of operation, generation of pedestrian or vehicle traffic, lighting, noise, vibration, odor, security, or other factors. (Ord. No. 2021-017, § 68, 12-13-21)

A. Special yards, open spaces, and buffer areas;

B. Fences and walls;

C. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;

D. Street and highway or other right-of-way dedications, or construction of related improvements, including, without limitation, sidewalks, walkways, curbs and gutters, or payment of fees in lieu thereof;

E. Water supply and fire protection;

F. Landscaping and maintenance of grounds;

G. Regulation of nuisance factors such as lighting, noise, vibrations, smoke, dust, dirt, odors, gases, heat, glare, electromagnetic disturbances, radiation, or other physical impacts;

H. Regulation of operating hours for activities which may adversely affect the public welfare;

I. Location of the use on the site;

J. Establishing the period of time in which the proposed use must commence;

K. Security provisions to assure safety of customers, clients, or employees on the site, as well as users of adjacent sites, including, but not limited to, lighting, alarm systems, security personnel, and the appropriate type and placement of landscape materials;

L. Pedestrian amenities such as adequate walkways, seating areas, bike racks, and other similar features; or

M. Such other conditions as may be required to assure that the proposed use will be established, operated, and maintained in an orderly and efficient manner and in accordance with all elements of the comprehensive plan, the purposes and requirements of this zoning ordinance, and other applicable laws and regulations. (Ord. No. 2021-017, § 68, 12-13-21)

A. When Required. A planned development permit or an amendment to a previously approved planned development permit must be approved in accordance with the provisions of this chapter, in any instance where the applicable zoning district regulations or overlay zone regulations so require.

B. Concurrent Minor Variances. A minor variance may be processed, reviewed and considered as a component of a planned development permit; provided, that the decision-making authority makes the findings required by Section 24.535.120 in addition to the findings required by this chapter for the approval of planned development permits before approving any such minor variance as a component of the planned development permit.

C. Substitute. In cases where a coastal development permit is required for a project that requires a planned development permit, the coastal development permit may substitute for the planned development permit. (Ord. No. 2021-017, § 69, 12-13-21)

A. The proposed project conforms to the comprehensive plan and is consistent with the purposes and requirements of this zoning ordinance;

B. The proposed project will be served by adequate water, sewer, public utilities and services, and by adequate vehicular and pedestrian access to insure that the proposed project will not be detrimental to the public health, safety, or welfare;

C. New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity; and

D. The overall project reflects a high level of development and design quality that will enhance and benefit the city as a whole. (Ord. No. 2021-017, § 69, 12-13-21)

A. Plans. Application for a floodplain overlay zone development permit shall be on forms furnished by the planning division, and shall include all of the information required by Section 12.440.020.

B. Other Permits. Applications for a floodplain overlay zone development permit shall be made at the same time as, and reviewed in conjunction with, other applications for other discretionary land use permits or other approvals required for the project. (Ord. No. 2021-017, § 70, 12-13-21)

A. Public notice has been given of the proposed development as required by law;

B. There are no practicable alternatives or sites for the proposed project outside of the floodplain;

C. No significant impacts on the floodplain will result from the proposed project;

D. There is no significant possibility that, as a result of the proposed project, materials may be swept onto other lands to the injury of others, or clog bridges crossing rivers;

E. There is no significant danger to life and property due to flooding or erosion damage as a result of the proposed project;

F. The importance of the services provided by the proposed project or use to the community offsets any potential risk;

G. Access to the property in times of flood will be safe for ordinary and emergency vehicles;

H. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, and, if applicable, the effects of wave action expected at the site, are acceptable; and

I. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges, are acceptable. (Ord. No. 2021-017, § 70, 12-13-21)

A. Minor Variance. A minor variance is a variance that may be approved from the standards and regulations referenced in Section 24.535.070.

B. Major Variance. A major variance is a variance that may be approved from the standards and regulations referenced in Section 24.535.110. (Ord. No. 2021-017, § 71, 12-13-21)

A. Planning commission is the decision-making authority for major variances.

B. The director is the decision-making authority for minor variances. (Ord. No. 2021-017, § 71, 12-13-21)

A. Height, setback, yard or lot coverage regulations, or required distances between buildings, or between buildings and accessory structures, in all zones other than the R-1-B and R-2-B zones; provided, that:

B. Fence, wall or hedge regulations, but only when determined to be consistent with public safety and the appearance and character of the neighborhood.

C. Off-street parking space requirements, bicycle parking space requirements, loading space requirements, vehicle stacking standards, driveway or drive aisle requirements, or back-out requirements on private property.

D. Patio cover and accessory structure regulations to the extent allowed by the city’s building code; provided, that the director includes, as a condition of approval for any such administrative variance, a condition prohibiting the patio cover from being used as a carport, garage, or habitable room, or for storage.

E. Architectural standards for mobile homes may be modified to allow roofing or siding materials of a reflective nature or roofs with less than 16-inch overhang.

F. A sign variance from the strict application of any provision of Chapter 24.420, except that a monument sign with a height greater than 12 feet shall require a major variance. (Ord. No. 2021-017, § 71, 12-13-21)

A. A major variance is required to authorize any project that would result in a lot having an area or width that is less than the minimum required by this zoning ordinance; provided, that no variance shall be required to authorize a project that would result in a nonconforming lot being brought closer into conformity with the standards of this zoning ordinance as described in Section 24.465.020(A).

C. A major variance is required to authorize a decrease in the setback from a bluff edge in the CB overlay zone required by Section 24.315.050.

D. A major variance is required to allow any sign that is otherwise prohibited pursuant to Section 24.420.270.

E. A major variance is required to allow variation from a standard that is not listed as a minor variance in Section 24.535.070.

F. A major variance is required for a monument sign with a height greater than 12 feet.

G. A major variance is required to allow a project to exceed hillside height regulations set forth in Chapter 24.405.

H. A major variance is required to authorize any project in the R-1-B zone that would result in:

I. A major variance is required to authorize any project in the R-2-B zone that would result in:

A. For minor variances (except for signs), all the following findings must be made:

B. For minor variances for signs, all the following findings must be made:

C. For major variances, all of the findings must be made:

D. For all variances in the hillside area, the following finding must be made in addition to the minor or major variance findings, as applicable:

A. Warrant. A minor variation from a standard, when the resulting design fulfills the intent of the code and does not compromise its goals in a notable manner.

B. Exception. A major variation from a standard, when the resulting design may not fulfill the plan’s intent and may compromise certain goals in a notable manner, but such variation is justified or offset by other aspects of the project design that furthers the intent of the code. (Ord. No. 2021-017, § 72, 12-13-21)

A. The director is the decision-making authority for warrants.

B. The planning commission is the decision-making authority for exceptions. (Ord. No. 2021-017, § 72, 12-13-21)

A. Warrants.

B. Exceptions.

C. Additional Finding in the Hillside Overlay. The warrant or exception from one or more standards for a project in the hillside overlay would not directly result in unreasonably or unnecessarily interfering with the scenic view from any other public or private property, including but not limited to public streets and other public areas.

D. Additional Finding for an Identified or Potential Historic Resource. The warrant or exception from one or more standards may be granted if determined to be necessary to preserve those portions or features which convey the building’s or structure’s historical, cultural or architectural values.

E. Density Bonus Applicability. Projects requesting a density bonus may be eligible for concessions that can be used to justify one or more warrants or exceptions as provided in Government Code Section 65915. (Ord. No. 2021-017, § 73, 12-13-21)

A. Initiation. An amendment to the text of this zoning ordinance may be initiated by the director, the planning commission or city council or by application pursuant to Section 24.500.030.

B. Planning Commission Consideration. The planning commission shall review, and make recommendations to the city council on, all proposed amendments to the text of this zoning ordinance. However, if a proposed text amendment consists solely of modifications to a previously adopted text amendment that have been proposed by the State Coastal Commission pursuant to California Public Resources Code Section 30513, the city council may review and consider such proposed modifications to a previously adopted zoning text amendment without any prior review or recommendation by the planning commission. (Code 1971, § 15.840.020; Ord. No. 2021-017, § 73, 12-13-21)

A. Initiation. A proposed zone change may be initiated by the director, the planning commission or the city council, or by application pursuant to Section 24.500.030.

B. Planning Commission Review. The planning commission shall review and consider all proposed zone changes and make recommendations to the city council thereon. However, if a proposed zone change consists solely of modifications to a previously adopted zone change that have been proposed by the State Coastal Commission pursuant to California Public Resources Code Section 30513, the city council may review and consider such proposed modifications to a previously adopted zone change without any prior review or recommendation by the planning commission. (Code 1971, § 15.840.030; Ord. No. 2021-017, § 73, 12-13-21)

A. Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit;

B. Encourage the orderly and harmonious appearance of structures and property within the city along with associated facilities, such as signs, landscaping, parking areas, and streets;

C. Maintain the public health, safety, and general welfare, and property and improvement values throughout the city;

D. Assist private and public developments in evaluating and implementing public concerns for the aesthetics of developments;

E. Reasonably ensure that new development does not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the city in general;

F. Foster attainment of goals, objectives, policies, and programs of the comprehensive plan by preserving and enhancing the particular character and unique assets of the city, and providing for harmonious development through encouraging private and public interests to assist in the implementation process; and

G. Otherwise further the purposes of this zoning ordinance. (Ord. No. 2021-017, § 74, 12-13-21)

A. Design review shall be categorized as major design review, minor design review or historic design review. An application for major, minor, or historic design review shall require a complete application and payment of fees by the property owner or agent and shall be reviewed and acted upon by the director pursuant to Section 24.500.060, except that minor design review may be administratively approved by the director without notice or hearing.

B. Design review approval may be required by the decision-making authority as a condition of any permit or other approval granted pursuant to this title. (Ord. No. 2021-017, § 74, 12-13-21)

A. The decision-making authority for projects or uses requiring no other discretionary permits or approvals shall not consider the operation or appropriateness of land uses if such uses of land comply with applicable zoning district regulations as a part of the design review action.

B. Exemptions. Development associated with the following is exempt from design review in all cases:

A. The design and layout of the proposed development is consistent with the applicable elements of the general plan or comprehensive plan and any adopted city-wide design criteria or design criteria for specialized areas, such as designated historic districts, theme areas, planned developments, or specific plans that the project is located in;

B. The design and layout of the proposed development will accommodate the functions and activities that are proposed for the property, will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments;

C. The site, architectural, and landscape design of the proposed development is reasonably compatible with the character of the surrounding neighborhood and all reasonable design efforts have been made to maintain the harmonious, orderly, and attractive development contemplated by this zoning ordinance and the general plan or comprehensive plan;

D. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors and that it is aesthetically of good composition, materials, texture, and color that will remain aesthetically appealing with the level of maintenance and upkeep that might reasonably be expected of the occupants. (Ord. No. 2021-017, § 74, 12-13-21)

A. Legislative Findings.

B. Intent. The city council declares that the purposes of these regulations are further intended:

A. By Property Owners. An application requesting consideration and adoption of a development agreement may be made by any person having a sufficient legal or equitable interest in the subject real property. The sufficiency of the applicant’s property interest shall be demonstrated to the satisfaction of the director, with the advice and consent of the city attorney. Nothing in this section shall preclude agents or attorneys processing written proof of their authority from initiating applications on behalf of an applicant.

B. By the City Council or Planning Commission. The city council or the planning commission may initiate applications requesting consideration and adoption of a development agreement upon their own motion, provided a person having a sufficient legal or equitable interest in the subject real property has provided a written statement of consent.

C. By the Director. The director may initiate applications requesting consideration and adoption of a development agreement, provided a person having a sufficient legal or equitable interest in the subject real property has provided a written statement of consent. (Code 1971, § 15.850.030; Ord. No. 2021-017, § 75, 12-13-21)

A. A title report providing evidence of the sufficiency of the applicant’s legal or equitable interest in the subject real property.

B. A proposed development agreement. The applicant’s proposed development agreement may be either the city’s standard development agreement form, if any exists, or a proposed development agreement prepared by the applicant. Any proposed development agreement shall be consistent with each provision of this chapter and shall also include the following information recitals, and terms:

C. A proposed ordinance of the council of the city of San Buenaventura adopting the development agreement, and referring to and incorporating by reference the text of the development agreement, in a form acceptable to the city attorney and city clerk.

D. The filing and processing fee established pursuant to Chapter 24.575. (Code 1971, § 15.850.050)

A. Initial Review. Upon filing of the application requesting consideration and adoption of a development agreement, the director shall cause the application to be reviewed for completeness, and for compliance with the terms of this chapter and all other provisions of state and local law.

B. City Staff Review. The director shall cause the proposed development agreement and supporting application to be circulated to each city division or department having jurisdiction over the project, including the city attorney. Each such division or department shall review, comment upon, and recommend such changes to the proposed development agreement as may be necessary or desirable. The departmental recommendations shall be transmitted to the director.

C. Staff Report. The director shall prepare a staff report and recommendation for approval or rejection of the development agreement as proposed, or as amended to include the necessary and desirable revisions proposed by the various city departments. (Code 1971, § 15.850.060)

A. Scheduling and Notice. Upon completion of the staff review required under Section 24.550.060, the director shall schedule a date for a public hearing before the planning commission on the proposed development agreement. The director shall cause public notice of the date, time, place and purpose of the hearing to be provided in accordance with Chapter 24.560 and Government Code Sections 65090 and 65091.

B. Planning Commission Hearing. Upon the date and time publicly noticed, the planning commission shall conduct a public hearing on the proposed development agreement which may be continued from time to time. The planning commission shall consider the staff report and recommendation of the director, as well as comments from the applicant and members of the public. Upon conclusion of the hearing, the planning commission shall report its recommendations to the city council. The planning commission may recommend that the development agreement be adopted as proposed, or with such amendments as the planning commission deems to be necessary or desirable to further the purposes of this zoning ordinance, or otherwise in the public interest; or the planning commission may recommend that the development agreement be rejected. The planning commission’s action shall be by resolution and shall include written findings specifying the facts and information relied upon by the commission in rendering its decision and recommendation. (Code 1971, § 15.850.080; Ord. No. 2021-017, § 75, 12-13-21)

A. Scheduling and Notice. Upon receipt of the planning commission’s recommendation, the proposed development agreement shall be scheduled for public hearing before the city council. The city clerk shall cause public notice of the date, time, place and purpose of the hearing to be provided in accordance with Chapter 24.560 and Government Code Sections 65090 and 65091.

B. City Council Hearing. Upon the date and time publicly noticed, the city council shall conduct a public hearing to consider the proposed development agreement and the planning commission recommendation. The public hearing may be continued from time to time. The city council may approve, approve and amend, or reject the recommendation of the planning commission in any manner it deems to be necessary or desirable, or in the public interest. (Code 1971, § 15.850.090; Ord. No. 2021-017, § 75, 12-13-21)

A. Timing. All adopted development agreements shall be reviewed at least annually in order to determine whether the applicant or successor in interest to the adopted development agreement has complied with the terms and conditions of the agreement. Such review may occur more frequently if so provided in the development agreement, or if it is determined by the city council, following reasonable notice to the applicant, that additional or more frequent review of a particular development agreement is necessary or desirable.

B. Planning Commission Review. Periodic review of adopted development agreements shall be conducted by the planning commission at a public hearing noticed in accordance with Chapter 24.560 and Government Code Section 65090. The applicant or successor in interest to the adopted development agreement shall be required to demonstrate by substantial evidence its good faith compliance with the terms and conditions of the agreement. If as a result of such review the planning commission determines on the basis of substantial evidence that the applicant or successor in interest has not complied with the terms and conditions of the agreement, then, subject to such noncompliance cure provisions as may be set forth in the development agreement, the planning commission may recommend to the city council unilateral termination or modification of the agreement. The planning commission may also recommend granting, subject to any reasonable terms and conditions, a reasonable time for the applicant or successor in interest to bring the project into compliance with the development agreement. If the planning commission determines on the basis of substantial evidence that the applicant or successor in interest to the adopted development agreement has complied in good faith with the terms and conditions of the agreement, it shall by resolution adopt a statement of compliance certifying such compliance in a form recordable in the county recorder’s office. A resolution adopting a statement of compliance shall be final 10 days after the planning commission decision, unless a notice of appeal has been filed pursuant to Chapter 24.565.

C. Statement of Compliance. The applicant, city council, or any interested person may appeal the planning commission’s resolution adopting a statement of compliance in accordance with the procedures set forth in Chapter 24.565. The appellant shall bear the burden of demonstrating on the basis of substantial evidence that the applicant or successor in interest has not complied with other terms and conditions of the adopted development agreement. The city council may uphold the statement of compliance, amend and approve the planning commission recommendation or statement of compliance, or reject it. The city council may unilaterally terminate or modify the agreement upon a determination based upon substantial evidence that the applicant or successor in interest has not complied with the terms and conditions of the agreement. Such a determination shall be final and conclusive.

D. City Council Review of Termination or Modification Recommendations. If the planning commission recommends unilateral termination or modification of the development agreement, or if it recommends granting a reasonable extension of time for the applicant or successor in interest to bring the project into compliance with the development agreement, the city council shall consider the recommendation at a public hearing noticed in accordance with Chapter 24.560. The applicant or successor in interest, city staff, and members of the public shall be given the opportunity to present evidence concerning whether the applicant or successor in interest has or has not complied with the terms of the agreement. At the close of the hearing, which may be continued from time to time, the city council may approve, amend and approve, or reject the planning commission recommendation. If the city council rejects the planning commission recommendation, it may send the matter back to the planning commission with instructions or it may adopt a resolution adopting a statement of compliance on its own motion. If the city council approves or approves and amends the planning commission recommendation, it shall by motion direct the city attorney to prepare an ordinance amending the development agreement in a manner consistent with the action taken. Such a motion shall be deemed a final and conclusive action on the periodic review of the development agreement which shall not be reconsidered. (Code 1971, § 15.850.130)

A. Development Agreement Deemed Controlling. An adopted development agreement and any terms, conditions, maps, notes, references or regulations which are a part of the development agreement shall be considered enforceable elements of the city’s municipal code. In the event of an explicit conflict with any other provisions of the city’s municipal code, the development agreement shall take precedence. Unless otherwise provided by the development agreement, the city’s ordinances, resolutions, rules and regulations, and official policies governing permitted land uses, density, design, improvement and construction standards shall be those city ordinances, resolutions, rules and regulations, and official policies in force at the time of final approval of the development agreement ordinance by the city council.

B. Changes in the Law. All adopted development agreements shall be subject to the laws of the state of California, the Constitution of the United States, and any state or federal codes, statutes, regulations, or any precedential court decision. In the event that any such law, code, statute, regulation, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, such provisions of the development agreement shall be modified or suspended as may be necessary to assure compliance by the city, applicant or successor in interest with such law, code, statute, regulation, mandate, or decision. Nothing in this section shall be deemed to affect the validity of fees, conditions, or other exactions imposed and confirmed by the terms of the agreement. (Code 1971, § 15.850.140; Ord. No. 2021-017, § 75, 12-13-21)

A. General. An adopted development agreement shall be enforceable by the city, applicant, or successor in interest notwithstanding any change in any applicable comprehensive or specific plan, zoning, subdivision or building regulation adopted by the city which alters or amends the rules, regulations or policies specified in the development agreement.

B. Amendment and Termination. An adopted development agreement may be amended or terminated by mutual consent of the parties, including, without limitation, any successors in interest, to the agreement. Nothing in this section shall limit or otherwise affect the city’s ability to terminate unilaterally or modify a development agreement as a result of periodic review.

C. Injunctive Relief. The city council finds that significant public harm will result from noncompliance with the terms and conditions of development agreements by applicants or their successors in interest and further finds that the potential harm to the public outweighs any potential harm to applicants or their successors in interest so that injunctive relief is the most appropriate way to protect against such public harm. The city may, therefore, in addition to any other remedy or relief provided by law, enforce an adopted development agreement and any of its terms by temporary, preliminary, or permanent injunction issued by a court of competent jurisdiction. (Code 1971, § 15.850.150)

A. Type of Recommendation. The recommendation may be for approval, conditional approval, or disapproval of the proposed action.

B. Recommendation of Approval. A recommendation of approval or conditional approval shall require the affirmative vote of those present and voting. (Code 1971, § 15.855.050)

A. Following notice and hearing as specified in Section 24.555.070, the city council shall adopt, conditionally adopt, deny, amend, or repeal the specific plan.

B. Notwithstanding any other provisions of this chapter, if a proposed amendment to a specific plan consists solely of modifications to a previously adopted specified plan that have been proposed by the State Coastal Commission pursuant to California Public Resources Code Section 30513, the city council may review and consider such proposed modifications to a previously adopted specific plan without any prior review or recommendation by the planning commission or the design review committee. (Code 1971, § 15.855.080)

A. Imposition of Fee. The applicant for the adoption, amendment, or repeal of a specific plan may be charged a fee to cover the costs of such action. The applicant may be required to deposit with the city an amount equal to the estimated cost of preparing the plan, amendment, or repeal prior to its preparation by the city.

B. Reimbursement of Fees. The city may impose a fee upon persons seeking permits or other approvals which are required to be consistent with a specific plan. Such fees shall be consistent with Government Code Section 65456. (Code 1971, § 15.855.110)

A. Publication. Publication notice requires one publication in a newspaper of general circulation in the city not less than 10 days prior to the hearing.

B. Courtesy Notice. Courtesy notice requires postal cards or letters mailed within the first 30 days of formal application submittal to the owners of all property and tenants within 300 feet of the exterior boundaries of the property involved in the application.

C. Mailed Notice. Mailed notice requires postal cards or letters mailed not less than 10 days prior to the hearing to the owners of all property and tenants within 300 feet of the exterior boundaries of the property involved in the application as well of the property owners involved in the application.

For applications requesting an increase in the allowable hillside height, mailed notice requires postal cards or letters mailed not less than 10 days prior to the hearing to the owners of all property and tenants within 1,000 feet of the exterior boundaries of the subject property as well as the property owners involved in the application.

D. Posted Notice. Posted notice requires that the property that is the subject of the hearing be posted with an on-site notice of the date, time, and place of the hearing that conforms to the posted notice standards hereafter established in this chapter. (Ord. No. 2005-009, § 3, exh. A, 10-24-05; Ord. No. 2021-017, § 77, 12-13-21)

A. Publication is required only for zone changes, amendments to the text of this title, variances, coastal development permits, and appeals therefor to the city council.

B. Courtesy notice is required for all applications described in this title that require a public hearing regardless of the decision-making body, except for cases where the director refers an administrative action to a public hearing.

C. Mailed notice is required for all applications described in this title that require a public hearing regardless of the decision-making body, and cases where the director refers an administrative action to a public hearing.

D. Special mailed notice is required in the following manner:

E. Posted Notice. Posted notice is required for all applications described in this title that require a public hearing regardless of the decision-making body.

If it is determined upon initial submittal that a notice is necessary, the applicant shall be notified of the requirements within 30 days as part of the deeming of the application completeness. A cash deposit paid by the applicant to the city in the amount as specified in the city’s current fee resolution is required to ensure compliance with the supplemental notification requirements. The city shall utilize the fee to prepare and mail the required mailed notice in accordance with the requirements of this chapter. (Ord. No. 2005-009, § 3, exh. A, 10-24-05; Ord. No. 2008-009, § 3, 7-28-08; Ord. No. 2021-017, § 77, 12-13-21)

A. Notice Location, Size, Structure and Height. Posted notices shall adhere to one of the following standards:

C. Notice Lettering. The hearing notice on the signboard shall be professionally lettered, preferably with professional type using Arial black or a similar type of font on a white background. For four-foot by eight-foot signs, lettering shall be at least two inches in height. For all other hearing notices, an electronic file shall be provided to the applicant by the community development department indicating the appropriate content, type face and size.

D. Notice Content. The content of posted notices shall be subject to city approval, utilizing a clear font with at least two-inch letters on the four-foot by eight-foot signs. Content on the signboard shall contain the following information:

E. Time for Posting Notices. Hearing notices shall be posted not later than 10 days prior to a hearing on a proposed development project; provided, however, that where, following the posting of a hearing notice, the hearing is continued for any reason, or if there is an appeal of the decision-making authority’s decision, the project applicant shall promptly change the hearing date, time and location set forth on the posted notice to reflect the date, time, and location of the continued hearing or hearing on appeal. In all cases, the applicant shall submit a signed affidavit of posting to the community development department within 24 hours of posting.

F. Notice Removal and Maintenance. Hearing notices that are posted for a proposed development project shall promptly be removed at the expiration of the period of time for filing an appeal from a decision-making authority; provided, however, that where a decision on a development project has been appealed to the city council, the posted notice shall be removed only after the council has rendered a final decision on the appeal. Damage to or destruction of a posted notice, the presence of graffiti, or the lack of required information shall be remedied by the applicant within 24 hours of receiving actual knowledge of the same.

G. Exceptions. The director or designee shall be authorized to approve exceptions to the standards set forth in this section because of site conditions or other reasons that make compliance with the standards unreasonable or infeasible. (Ord. No. 2005-009, § 3, exh. A, 10-24-05; Ord. No. 2008-009, § 4, 7-28-08; Ord. No. 2021-017, § 77, 12-13-21)

A. City Council. The action of the city council, in approving, conditionally approving, or disapproving a matter pursuant to this zoning ordinance, shall be final immediately after the decision.

B. Planning Commission or Director. The action of the planning commission or director approving, conditionally approving, or disapproving an application shall be final 10 days after the decision unless notice of appeal has been filed pursuant to Chapter 24.565 and subject to any appeal period specified for a coastal development permit pursuant to Chapter 24.515. (Ord. No. 2005-009, § 3, exh. A, 10-24-05; Ord. No. 2021-017, § 77, 12-13-21)

A. Director’s Decision. The director shall render decisions in writing.

B. Planning Commission’s Decision. The planning commission shall render its decision by resolution. All planning commission actions shall be by a majority vote of those present and voting. Any tie vote or any other action relating to this zoning ordinance which fails to receive the required number of affirmative votes shall constitute a denial.

D. City Council’s Decision. Amendment to the text of the zoning ordinance, zone changes, development agreements, specific plans, and amendments to any of the preceding shall be adopted by ordinance. Applications for discretionary permits that are reviewed concurrently with the legislative items listed above shall be adopted by resolution. City council decisions on appeals are governed by Chapter 24.565. (Ord. No. 2005-009, § 3, exh. A, 10-24-05; Ord. No. 2021-017, § 77, 12-13-21)

A. Action by the Director or Planning Commission. The applicant or an aggrieved person, as defined in Chapter 24.110, affected by any discretionary decision by the director or planning commission, may file an appeal to the city council as long as the appeal is filed in writing within 10 days after the decision is rendered. The appeal must explain why the decision is being appealed. If no appeal is filed within 10 days after the decision, the decision is final. If an appeal is filed, the decision will become final when the city council adopts a resolution deciding the appeal.

B. Application for Appeal. An application for appeal required by this section must be filed by the appellant with the city clerk and must clearly explain why the decision is being appealed and the action that appellant requests the city council to take. If the decision being appealed consists of one or more actions based on particular findings or conditions that the appellant believes were erroneously or improperly included or omitted, the appeal must specify which findings or conditions were erroneous or improper or which findings or conditions should additionally be imposed.

C. Appeal Fee. An application for an appeal must be accompanied by an appeal fee as set by resolution of the city council. Any application for an appeal that does not include the required appeal fee will be rejected by the city clerk. (Ord. No. 2021-017, § 78, 12-13-21)

A. A member of the city council may appeal any decision of the director or planning commission, in the member’s official capacity, to the city council.

B. In appealing the decision, the member of the city council must follow the process outlined in Section 24.565.050.

C. Notwithstanding the fee requirements of Section 24.565.050(C), no member of the city council will be required to pay a fee to appeal a decision under this chapter as a condition of filing the appeal.

D. If a member of the city council appeals a decision pursuant to this chapter, that member must recuse themselves from hearing and making a determination on the appeal. (Ord. No. 2021-017, § 78, 12-13-21)

A. Hearing Date. The city manager or city clerk will schedule the time for hearing the appeal.

B. Notice. The city clerk must notice the hearing before the city council as required by Chapter 24.560.

C. Record on Appeal/Review. All materials on file with the director will be part of the city council hearing record. In addition, any party may offer supplemental evidence during the appeal hearing.

D. De Novo Review. The city council is not limited to consideration of the material in the record on appeal. The city council may review any matter or evidence relating to the action on the application regardless of the specific issue appealed.

E. Actions. The city council may:

F. Vote Required. A simple majority of the city councilmembers voting will be required to sustain, overrule, or modify a decision by the director or planning commission that is appealed, or to grant an appealed application where the planning commission has failed to act within the time allowed pursuant to this title.

G. Effective Date. A decision of the city council upholding, overruling, or modifying any decision of the director, or planning commission will be final and conclusive upon the rendering of the decision unless otherwise provided by the city council in its rules of procedure or elsewhere.

H. Effect of Denial Without Prejudice. A land use decision that has been denied without prejudice on appeal may be refiled at any time but must be accompanied by the prescribed filing fee. (Ord. No. 2021-017, § 78, 12-13-21)

A. The director is authorized to grant director’s permits for minor changes in accordance with Chapter 24.505 to variances, use permits, planned development permits, and similar actions granted by the city council, the planning commission or the director. The basic policies to be followed in granting minor changes shall be as follows:

B. Approval of a director’s permit for a minor change may be granted only if the director determines that:

A. Grounds for Revocation or Reevaluation. A permit granted pursuant to this zoning ordinance may be revoked or reevaluated pursuant to this section upon a finding of any one or more of the following grounds:

B. Initiation of Action. An action to revoke or reevaluate a permit granted pursuant to this zoning ordinance may be initiated by the director, the decision-making authority with the authority to grant the permit as of January 12, 2022, or the city council.

C. Hearing Body. The city council or other decision-making authority with the authority to grant the permit as of January 12, 2022, shall hold an evidentiary hearing regarding the proposed revocation or reevaluation of the permit. Any such hearing shall be scheduled and noticed as required by Chapter 24.560.

D. Hearing Rules. The city council, or other decision-making authority acting as the hearing body, may hear and consider evidence, including, but not limited to, applicable staff reports, objections or protests relative to the existence of such violations of required conditions, recommendations proposed by staff, and evidence presented by the holder of the permit. Such hearings may be continued if so warranted, and action by the hearing body continued following closed public hearings.

E. Hearing Body Action. Upon the conclusion of the public hearing, the hearing body may, on the basis of the evidence presented at the hearing, and upon finding that any one or more of the grounds listed in this section exist, revoke or reevaluate the permit as provided in this section. Alternatively, the hearing body may find that the permit should not be revoked or reevaluated.

F. Appeal. A decision of the hearing body in the revocation or reevaluation of a permit may be appealed to the city council pursuant to Chapter 24.565. (Ord. No. 2021-017, § 79, 12-13-21)

A. Use of Land, Buildings and Structures. It shall be the duty of the director to enforce the provisions of this zoning ordinance pertaining to the uses of land and the erection, construction, reconstruction, moving, conversion, alteration, addition to, or use of, any building or structure thereon.

B. Zoning. It shall be the duty of the director to enforce compliance with the terms and conditions of issuance of any permits and other approvals, including, without limitation, variances, and all provisions of this zoning ordinance pertaining to zoning district regulations.

C. Arrest. The director shall be authorized to arrest persons, pursuant to Penal Code Section 836.5, for purposes of issuing citations for violations of this zoning ordinance.

D. Duties Discretionary. Notwithstanding Section 24.110.020 or any other provision of this zoning ordinance to the contrary, all duties imposed on the director pursuant to this zoning ordinance are intended to be, and shall be construed to be, discretionary duties and not mandatory or obligatory duties. Such discretionary duties of the director are to be exercised in a manner consistent with the purposes of this zoning ordinance, while taking into account staffing, budgeting, or any other administrative priorities or constraints. (Code 1971, § 15.880.030)

A. Where rental property is subject to the city of San Buenaventura affordable rental housing program, any person who rents any such property or who collects rent with respect to any such property in an amount in excess of that permitted under the city’s affordable rental housing program shall be guilty of a misdemeanor. In addition, any such person shall be subject to payment of a civil penalty to the city of San Buenaventura in an amount three times that of any and all excess sums collected or received.

B. Where real property is subject to the city of San Buenaventura affordable ownership housing program, and is thus required to be sold for no more than an amount permitted pursuant to said program and subject to specific terms and conditions as specified in said program:

C. Any person who makes a material misrepresentation of fact in connection with an application to participate in either the affordable rental housing program or the affordable ownership housing program shall be guilty of a misdemeanor. In addition, any such person shall be subject to the payment of a civil penalty to the city of San Buenaventura in an amount three times that of any profit or gain realized from any transaction consummated as a result of such a material misrepresentation of fact.

D. The remedies or penalties provided in this section shall be and are independent of, and cumulative to, each other and to any other remedies or penalties that may be provided by law. (Code 1971, § 15.880.080)