(A) Purpose - The purpose of this section is to describe procedures and various land use permits that may be applied for within the coastal zone, and further to provide for amendments to the land use and zoning designations on properties where amendments are warranted. At the time of application, a review of the location, design, configuration and impact of the proposal shall be conducted by comparing the proposal to established standards, consistent with the policies of the Oxnard coastal land use plan.
(`64 Code, Sec. 37-5.3.1)
(B) Applicability - The following eight categories of review represent the primary range of procedures for addressing land use within Oxnard's Coastal Zone:
(1) Exempt development - The following types of development are exempt from the requirement for a development review permit or coastal development permit, and are permitted, subject to the provisions of this chapter and the issuance of a zone clearance where appropriate:
(a) Improvements to existing single-family residences not located on a beach, wetlands, or seaward of the mean high tide line, except for improvements which require a coastal development permit because they involve a risk of adverse environmental effects as set out in the Code of Regulations, Title 14, Section 13250(b)(2), (3), (4) and (6);
(b) Lot line adjustments not resulting in the creation of any new lot;
(c) Repair and maintenance activities that do not result in addition to or enlargement or expansion of, the object of such repair or maintenance activity, or which do not include extraordinary methods of repair and maintenance described in Sections 13252(1)(A), (B), (C), and (D), 13252(2)(A), (B), and (C), and 13252(3)(A) and (B) of the California Coastal Regulations;
(d) Fences and walls (not including seawalls) of six feet or less in height except within an appealable area or when such fence or wall will obstruct public access or view to the beach;
(e) Installation of irrigation lines;
(f) Maintenance dredging of existing navigation channels to original contours or moving dredge material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers;
(g) Installation, testing, placement in service or replacement of any necessary utility connection between an existing service facility and any development that has been granted a coastal development permit;
(h) Replacement of any structure other than a public works facility destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height or bulk of the destroyed structure by more than 5% and shall be sited in the same location on the effective property as the destroyed structure; and
(i) Home occupation permits.
(2) Categorical exclusions -
(a) The following list types of development within prescribed geographical areas are exempt from the permit provisions outlined in this section, provided that a zone clearance is obtained where appropriate:
(b) Construction of walls, accessory structures, additions to, and new single-family residences on existing lots, including additions to townhomes, patio homes and condominiums in the following areas:
(i) Oxnard Shores - The developed areas located in the area bounded by the first public road easterly of the Pacific Ocean on the west, Fifth Street on the north, Harbor Boulevard on the east, and Channel Islands Boulevard on the south.
(ii) Oxnard Dunes - The developed areas located in the area bounded by Fifth Street on the north, the Edison Canal on the east, Wooley Road on the south, and Harbor Boulevard on the west.
(iii) Mandalay Bay/Inland Waterway - The developed areas located in the area bounded by Eastborne Bay and Hemlock Street on the north, Victoria Avenue on the east, Channel Islands Boulevard on the south, and Harbor Boulevard on the west.
(3) Emergency permits - An emergency permit may be issued when immediate action by a person or a public agency performing a public service is required to protect life and property from imminent danger or to restore, repair or maintain public works utilities or services destroyed, damaged or interrupted by natural disaster, serious accident, or other cases of emergency. The requirement to obtain a coastal development permit under this section may be waived by the executive director of the California Coastal Commission, pursuant to the Pub. Res. Code, Section 30611.
(4) Development review permit - A development review permit is required of all development not classified as categorically exempt, excluded development, emergency permit, or subject to a coastal development permit. This type of permit is required of all permitted uses, as identified in the individual coastal sub-zones of this chapter except for those in excluded areas, and is considered to be a ministerial decision.
(5) Coastal development permit - A coastal development permit is required for all conditionally permitted uses, lot splits and subdivisions within the individual coastal sub-zones requiring a discretionary decision by the city, as well as all projects meeting the definition of appealable developments, pursuant to the Pub. Res. Code, Section 30603(a), as referenced by section 17-3 of this chapter.
(6) Variances - A request for a variance may be made whenever a property owner seeks adjustment to the development standards of this chapter which would otherwise prevent the reasonable use of property in the same manner that other property of like character in the same vicinity and zone can be used. A variance shall not be granted which confers a special privilege inconsistent with the limitations upon other properties in the same vicinity and coastal sub-zone in which the subject property is situated or which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. Variances shall be required for adjustments to the development standards of this chapter for which an administrative modification may not be granted.
(7) Administrative modification - An administrative modification shall be required for routine and minor adjustments to specific development standards which may be approved by the director in the following situations:
(a) To allow a decrease not exceeding ten percent in required setbacks or other open space requirements;
(b) To allow walls, fences, or hedges to exceed the height limit regulations by a maximum of ten percent, and to permit them to be located within setback areas where consistent with safety and neighborhood appearance;
(c) To allow an increase not exceeding ten percent in maximum lot coverage regulations; and
(d) To allow decreases of not more than ten percent of any development standard related to on-site improvements, excluding public access, imposed in a coastal development permit.
(8) Coastal land use plan, zoning map and text amendments - A procedure for amending Oxnard's certified local coastal program, which consists of a land use plan, land use and zoning maps, zoning and other ordinances, and special programs pursuant to Cal. Pub. Res. Code, Section 30514.
(`64 Code, Sec. 37-5.3.2)
(C) Application procedures - The following section outlines the procedures required to process the aforementioned eight categories of review. In all instances an application for each of the categories shall be filed pursuant to section 17-61.
(1) Exempt development - The director shall determine whether a development is exempt at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified Oxnard coastal land use plan, including any maps, categorical exclusions, land use designations and the original permit and appeals jurisdiction map adopted by the coastal commission. The following procedure shall be used to determine the appropriate designation for the development:
(a) The director shall determine what type of development is proposed and shall inform the applicant of the determination. The director shall provide written notice of the determination to residents within 100 feet of the development and to persons known to be interested. An exemption shall not become effective until the director has reported the determination to the commission at its next regularly scheduled meeting.
(b) If the determination of the director is challenged by any person or if the director wishes to have a commission determination as to the appropriate designation, the director shall schedule the item before the commission at the next available public hearing.
(c) If the determination of the commission is challenged by the applicant or an interested person, or if the city wishes to have a coastal commission determination as to the appropriate designation, the city shall contact the coastal commission by telephone and request an executive director's opinion.
(d) The executive director shall, within two working days of the city's request, or upon completion of a site inspection where such inspection is warranted, transmit a determination as to whether the development is exempt. Where, after the executive director's investigation, the executive director's determination is not in accordance with the city determination, the coastal commission shall hold a hearing for purposes of determining the appropriate designation for the area. The coastal commission shall schedule the hearing on the determination for the next commission meeting (in the appropriate geographic region of the State) following the city request.
(e) The city shall maintain a record of all permits issued for exemptions which shall be made available to the coastal commission or any interested person upon request and may be in the form of any record of permits issued currently maintained by the city, provided that such record includes the applicant's name, an indication that the project is located in the coastal zone, the location of the project and a brief description of the project.
(2) Categorical exclusions - All of the procedures outlined for exemption shall apply to categorical exclusions, consistent with Cal. Pub. Res. Code, Section 30610 and Cal. Code of Regulations, Title 14, Sections 13240 through 13244.
(3) Emergency permits -
(a) Investigation - Upon receipt of an application for an emergency permit, the director shall verify the facts including the existence and the nature of the emergency to assure the emergency is a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public service. Applications for an emergency permit shall be made by letter to the director, or in person, or by telephone if time does not allow for written or personal application. The following information shall be provided to the director at the time of the request:
(i) Nature of the emergency;
(ii) Cause of the emergency, insofar as this can be established;
(iii) Location of the emergency;
(iv) The remedial, protective, or preventative work required to deal with emergency; and
(v) The circumstances during the emergency that appeared to justify the cause of action proposed to be taken, including the probable consequences of failing to take action.
(b) Findings - Based upon information in the public record, the director may approve and/or modify an emergency permit application, in whole or in part, with or without conditions only if all the following findings of fact are made:
(i) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work will be completed within 30 days unless otherwise specified by the terms of the permit.
(ii) Public comment on the proposed emergency action has been reviewed if time allows.
(iii) The work proposed will be consistent with policies of the certified Oxnard coastal land use plan. Each emergency permit shall specify the time period in which a coastal permit shall be applied for to allow continuation of the emergency related use or activity.
(4) Development review permits -
(a) Investigation - The purpose of investigating a development review permit application is to allow the development services department to evaluate new construction projects for uses allowed by right within their respective sub-zones which because of the type, scale or location of the development requires comprehensive review. Investigation will provide facts to assure that, with appropriate conditions, new or modified uses will harmonize with existing or potential development in the surrounding neighborhood; avoid excessive similarity or dissimilarity in the appearance of buildings; and ensure the health, safety, and welfare of the general public.
(b) Findings - Based upon information in the public record, the director may approve or modify a development review permit application in whole or in part with or without conditions after making all of the following findings of fact:
(i) The proposed use is permitted within the subject sub-zone and complies with all of the applicable provisions of this chapter.
(ii) The proposed use would not impair the integrity and character of the subject sub-zone.
(iii) The subject site would be physically suitable for the land use being proposed and the proposed use will protect and maintain coastal resources including environmentally sensitive areas, adjacent to the project site. The proposed use would be consistent with all policies of the Oxnard coastal land use plan.
(c) If the director does not make the foregoing findings, the director shall deny the application for a development review permit.
(5) Coastal development permit -
(a) Investigation - Upon submittal of a complete application, the development services department shall evaluate the proposal and prepare a comprehensive report containing all pertinent facts, a list of proposed findings, and a recommendation supported with conditions where appropriate for submittal to the commission.
(b) Findings - Based upon information in the public record, the commission may approve or modify a coastal development permit application, in whole or in part, with or without conditions, only after making all of the following findings:
(i) The proposed used is conditionally permitted within the subject sub-zone and complies with all of the applicable provisions of this chapter.
(ii) The proposed use would not impair the integrity and character of the subject sub-zone.
(iii) The location and intensity of use of the subject site would be physically suitable and would protect and maintain adjacent coastal resources.
(iv) The proposed use would be compatible with the land uses presently on the subject site.
(v) The proposed use would be compatible with existing and future land uses within the sub-zone and the general area in which the proposed use would be located.
(vi) There are adequate public services for the proposed use, including, but not limited to, fire and police protection, water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.
(vii) The proposed use will provide a type and level of public access consistent with the access policies and standards of the certified Oxnard coastal land use plan.
(viii) The proposed use would be appropriate in light of an established need, based upon the underlying goals and objectives of specific Oxnard coastal land use plan policies, applicable to the proposed location.
(ix) The proposed use would be consistent with all of the applicable policies of the certified Oxnard coastal land use plan.
(6) Variances -
(a) Investigation - Investigation shall be conducted in accordance with that specified for coastal development permits.
(b) Findings - Based upon information in the public record, the commission may approve and/or modify a variance application in whole or in part, with or without conditions, only after making all of the following findings:
(i) Strict interpretation and enforcement of the specified regulation deprives the subject property of privileges enjoyed by other property in the vicinity and under the identical coastal sub-zone;
(ii) There are exceptional or extraordinary circumstances or conditions applicable to the subject property involved that do not apply to other property in the vicinity and under the identical coastal sub-zone;
(iii) Strict interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other property in the vicinity and under the identical coastal sub-zone;
(iv) The granting of the variance would not be detrimental to the protection and maintenance of adjacent resources or to public health, safety or welfare, or materially injurious to property or improvements in the vicinity;
(v) The variance would not adversely affect access to or along the shoreline, including the physical and visual qualities of access;
(vi) The variance would not allow a use or activity not expressly authorized in the sub-zone applicable to the subject property; and
(vii) The proposed variance would be consistent with all applicable policies of the certified Oxnard coastal land use plan.
(7) Administrative modification -
(a) Investigation - Upon submittal of a complete application for minor adjustments to specific development standards or conditions of approval of coastal permits, the department shall evaluate the proposal, consistent with the procedures for a development review permit.
(b) Findings - Based upon information in the public record, the director may approve or modify an application for administrative modification in whole or in part after making all the findings of fact required to approve a coastal development review permit.
(c) Denial - If the director does not make such findings, the director shall deny the application.
(8) Coastal land use plan, zoning map, and zoning ordinance amendments -
(a) Initiation - Amendments to the certified coastal land use plan may be initiated only in the following manner:
(i) A resolution of intention of the commission;
(ii) A resolution of intention of the city council; or
(iii) An application from any other person or agency pursuant to section 17-61.
(b) Investigation - Upon submittal of a complete application or proper initiation, the development services department shall evaluate the proposal and prepare a comprehensive report consistent with the procedures outlined for coastal development permits, and those originally followed in the preparation of the Oxnard coastal land use plan.
(c) Findings - Following a public hearing on the application for amendment, the commission and city council shall record their recommendation and decision, respectively, in writing and shall recite therein the findings of fact upon which the recommendation or decision is based. The commission and city council may recommend approval or modification or may approve or modify the application for amendment in whole or in part only after making all of the following findings:
(i) The proposed amendment to a zoning map or ordinance would be consistent with the current certified coastal land use plan or said coastal land use plan shall be amended concurrently in order to maintain consistency pursuant to the coastal act.
(ii) The application for amendment has been processed in accordance with procedures required by section 17-58.
(iii) Cumulative amendments or changes shall maintain or enhance the coastal resources as identified and protected in the originally certified coastal land use plan.
(iv) The proposed land use plan, zoning map designation or zoning ordinance amendment would be appropriate in light of an established need for the requested amendment at the time and location anticipated by said amendment.
(v) The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.
(vi) The proposed amendment maintains or enhances the provisions for public access within the coastal zone.
(d) Number of amendments permitted - Amendments to the coastal land use plan, including changes in land use and designations and zoning and plan text amendments, shall be considered and permitted no more than three times per calendar year. The development services department shall establish a schedule and procedures for such amendments.
(e) The proposed amendment shall not take effect until certified by the coastal commission.
(`64 Code, Sec. 37-5.3.3)
(D) Reapplication conference - A prospective applicant or agent may request a preapplication conference with the director or staff member prior to formal submittal of an application for a coastal permit. At such conference, the designated planner shall acquaint the property owner with the Oxnard coastal land use plan and requirements applicable to the subject property. If review of a sketch plan provided by the applicant reveals deficiencies, the designated planner shall suggest revisions that should be made before submitting an application. The designated planner shall exercise discretion in granting requests for such conferences so as not to impinge upon other staff duties. A fee for such conferences may be required.
(`64 Code, Sec. 37-5.3.4)
(E) Use of property before final decision - No building permit shall be issued for any building or use involved in an application or approval of any development permit required herein until and unless the same has become final, pursuant to section 17-58.
(`64 Code, Sec. 37-5.3.5)
(F) Notice after city fails to act -
(1) Notification by applicant - If the city has failed to act on an application within the time limits set forth in Cal. Gov't Code, Sections 65950 through 65957.1, thereby approving development by operation of law, the person claiming a right to proceed pursuant to Cal. Gov't Code, Sections 65950 through 65957.1 shall notify, in writing, the city and the coastal commission of his/her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.
(2) Notification by the city - When the city or a court of law determines that the time limits established pursuant to Cal. Gov't Code, Sections 65950 through 65957.1 have expired, the city shall, within seven working days of such determination, notify the coastal commission and any person entitled to receive notice pursuant to Cal. Code of Regulations, Title 14, Section 13571(a), that the application has been approved by operation of law, and, where applicable, that the application may be appealed to the coastal commission, pursuant to Cal. Code of Regulations, Title 14, Section 13110. The appeal period for a project approved by operation of law shall begin to run only upon receipt of the notice in the coastal commission office.
(`64 Code, Sec. 37-5.3.6)
(G) Expiration - A coastal permit, excluding an emergency permit, shall expire 24 months from the date of issuance if the use, building, or structure for which the permit has been issued has not been established or commenced or for a length of time equal to the time limits provided for a concurrently approved land division, pursuant to Cal. Gov't Code, Section 66463.5 (State Subdivision Map Act). Each permit shall contain a statement that any request for an extension of time to establish said use shall be applied for prior to the expiration of the permit, and shall be limited to a maximum of 12 additional months for any one application.
(`64 Code, Sec. 37-5.3.7)
(H) Compliance with conditions of approval - To assure continued compliance with the provisions of this section, a coastal permit may be conditioned to establish a specific time limit for operation at the end of which time the approved use shall be subject to review by the commission.
(`64 Code, Sec. 37-5.3.8)
(I) Permit amendment - A permittee may submit an application for an amendment to a permit. An action on the application shall be accomplished in the same manner as specified by this chapter for initial approval.
(`64 Code, Sec. 37-5.3.9)
(J) Reapplication - No new application for any permit or variance shall be accepted or acted upon within one year of a denial by the commission or the city council of a similar application covering substantially the same real property and requesting approval of substantially the same project unless the commission or the city council permits such reapplication after finding that one or more of the following applies:
(1) New evidence material to the denial will be presented that was unavailable or unknown to the applicant at the previous hearings and which the applicant could not have been discovered in the exercise of reasonable diligence;
(2) There has been a substantial and permanent change of circumstances since the previous hearings, which materially affect the applicant's real property; and/or
(3) A mistake in fact or law was made at the previous hearings which was a material factor in the denial of the previous application.
(`64 Code, Sec. 37-5.3.10)
(K) Revocation - The commission on its own motion or on direction of the city council shall hold a public hearing concerning revocation of a permit granted under or pursuant to this chapter. Notice of such hearing shall be published once in a newspaper of general circulation within the city and shall be served in writing either in person or by registered mail on the owner and operator of the property for which such permit was granted at least ten days prior to such public hearing. A permit may be revoked if the commission finds that one or more of the following conditions exist:
(1) Circumstances have changed to such a degree that one or more of the original findings of fact adopted by the approving authority can no longer be made;
(2) The permit was obtained in a fraudulent manner;
(3) The use for which the permit was granted had ceased or was suspended for six or more successive calendar months;
(4) One or more of the conditions of the permit have not been complied with; and/or
(5) The use for which the permit was granted has been so exercised as to be detrimental to the public health, safety, or as to constitute a nuisance.
(`64 Code, Sec. 37-5.3.11)
(Ord. No. 2034, 2716)