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(A) An application for administrative relief from the parking provisions of this article shall be filed and processed in the same manner as the application for the permit or approval for the project, activity or business as to which administrative relief is sought. Notwithstanding the foregoing sentence, when an application for administrative relief is filed in connection with an application for an adult business permit, within ten days after the application is filed city staff shall accept the application as complete or reject the application as incomplete and mail the applicant notice of acceptance or rejection, and the commission shall decide the application within 30 days after the application is accepted as complete. If city staff or the approval body should fail to act within such time limits on an application for administrative relief filed in connection with an application for an adult business permit, the application shall be deemed accepted as complete or deemed granted, respectively.
(B) Administrative relief from the parking provisions of this article shall be granted by the commission for the proposed use under the following circumstances.
(1) Shared parking - Parking spaces may be used jointly by uses with different hours of operation or different peak hours of operation. Requests for shared parking shall meet the following requirements:
(a) The applicant shall submit a parking study prepared by a professional traffic engineer registered by the State, demonstrating that the parking demands for the uses for which shared parking is requested will not conflict. The parking study shall be prepared in accordance with the parking study guidelines, on file with the development services department.
(b) The parking study shall address the following items:
(i) Size and type of uses;
(ii) Composition of tenants, patrons, clients, employees and visitors of uses;
(iii) Rate of turnover of proposed shared spaces; and
(iv) Traffic and parking loads for uses, including peak hours.
(c) The number of parking spaces that may be credited against the requirements for the uses or structures involved shall not exceed the number of spaces reasonably anticipated to be available during the different hours of operation of each joint use.
(d) Shared parking spaces shall not be located farther away from any use served than 500 feet.
(e) A written agreement in the form on file with the city clerk shall be executed by all landowners and tenants affected by the agreement. The agreement shall specify that the city is a third- party beneficiary to the agreement and shall state that the user agrees to vacate the use within 12 months if a landowner or tenant should amend or terminate the agreement so that the user no longer has sufficient parking to satisfy the parking requirements in effect at the time the agreement was accepted by the city.
(2) Off-site parking - Except for high turnover retail uses, parking may be located off-site. Requests for off-site parking shall meet the following requirements:
(a) Off-site parking shall not be located farther away from the use served than 500 feet.
(b) Use of off-site parking shall not expose pedestrians to hazardous traffic safety conditions.
(c) A written agreement in the form on file with the city clerk shall be executed by all landowners affected by the agreement. The agreement shall specify that the city is a third-party beneficiary to the agreement and shall state that the user agrees to vacate the use within 12 months if a landowner should amend or terminate the agreement so that the user no longer has sufficient parking to satisfy the parking requirements in effect at the time the agreement was accepted by the city.
(3) Compact parking spaces - An applicant may request administrative relief in the form of providing compact parking spaces in lieu of some of the full-size parking spaces required for a proposed use, or in the form of converting some full-size parking spaces existing on the site of a proposed use to compact parking spaces; provided, however, that no more than 25 percent of required full-size parking spaces shall be replaced by compact parking spaces. The applicant shall accompany the request for administrative relief with a landscaping plan and a parking plan as required by this article and a parking study prepared by a professional traffic engineer registered by the State, demonstrating that a certain amount of compact parking is appropriate for the site and the proposed use. The proposed compact parking spaces, parking bays and parking aisles shall be designed in accordance with standards adopted by the director. The commission may deny all or part of the requested administrative relief on the ground that compact parking spaces create inconvenience to drivers, impair safety or traffic circulation on the site, or do not meet the parking needs anticipated for the proposed use.
(4) Decrease in required parking spaces - Required parking may be decreased when the requirement is shown to be excessive. A request for a decrease in required parking spaces shall meet the following requirements:
(a) The applicant shall submit a parking study prepared by a professional traffic engineer registered by the State, demonstrating that the required parking is excessive and showing the amount of parking that should be required for the use. The parking study shall be prepared in accordance with the parking study guidelines, on file with the development services department.
(b) The parking study shall address the following items:
(i) Size and type of use;
(ii) Composition of tenants, patrons, clients, employees and visitors of use;
(iii) Rate of turnover of parking spaces;
(iv) Peak traffic and parking loads for use; and
(v) Availability of public transportation, including carpools or employer-provided transportation.
(5) Waiver of requirement that parking spaces be in garages - When the parking provisions of this article require that parking spaces for apartments or multi-family residential projects be provided in garages, some parking spaces may be provided uncovered or in carports, as determined by the commission on the basis of findings that uncovered parking spaces or carports will improve the appearance of the project by reducing the number of garages and creating more open vistas or landscaped or recreational areas within the project; provided, however, that despite such waiver at least one parking space shall be provided in a garage for each residential unit; and further provided that the commission may deny all or part of the requested administrative relief on the ground that the benefits of providing some or all required parking spaces in garages are more important than an improvement in the appearance of the project or an increase in open vistas or landscaped or recreational areas in the project. If administrative relief is granted to allow some parking spaces to be provided in carports, the carports shall be open on all sides, and the design and construction of the carports shall be subject to the approval of the director.
(`64 Code, Sec. 36-7.1.31) (Ord. No. 2021, 2327, 2513, 2718)
ARTICLE XI. SHORT-TERM RENTAL UNITS
The purposes of short-term rental unit regulations are to establish standards and requirements for the temporary rental of dwellings as accessory uses in order to: (1) ensure that the use of dwellings as short-term rental units does not adversely impact long-term housing opportunities in the City of Oxnard; (2) ensure that short-term rental units are compatible with surrounding land uses; and (3) protect the health, safety and welfare of the short-term rental units’ renters, occupants, neighboring residents, as well as the general public and environment.
(Ord. No. 2969)
When used in this article, the following words shall have the meanings ascribed to them as set forth herein.
HOMESHARE - A dwelling which is the primary residence of an owner who possesses at least a 20% ownership interest in the subject parcel, with any portion of the dwelling rented for a period less than 30 consecutive days when said owner is physically present in the same dwelling, with no meals or food provided to the renter or renters. A HOMESHARE is not considered a home occupation. Use of a dwelling for occasional home exchange is not considered a HOMESHARE.
OWNER - A person with a full or partial fee title ownership interest in the subject property. For a property held in a trust, each trustee (but no trust beneficiary) is considered an OWNER.
PRIMARY RESIDENCE - A dwelling which is the owner’s main living location as evidenced by the owner’s address-of-record for official documents such as the property’s title, income tax returns, voter registration, or a current property tax bill.
RENT - The terms rent, rented and rental mean allowing use of a dwelling or property, or any portion thereof, in exchange for consideration in any form.
SHORT-TERM RENTAL - The rental of a residential unit for a period of less than 30 consecutive calendar days. SHORT-TERM RENTALS include both homeshares and vacation rentals.
VACATION RENTAL - A dwelling, any portion of which is rented for a period less than 30 consecutive days when the owner is not physically present, with no meals or food provided to the renter or renters. A VACATION RENTAL is not considered a home occupation under this article. Use of a dwelling for occasional home exchange is not considered a VACATION RENTAL.
(Ord. No. 2969)
(A) The number of vacation rental permits shall be limited by a 5% cap per general plan neighborhood as established in the City of Oxnard neighborhood map adopted as figure 3-4 in the 2030 general plan or its successor document.
(B) No vacation rental shall be issued a permit when a vacation rental permit has already been issued on another property within 200 feet of the proposed vacation rental. The 200 feet is to be measured horizontally from the lines of property ownership as established by the legal description for the property on record with the County of Ventura. Notwithstanding any language in this subsection (B) to the contrary, the 200-foot separation requirement shall not apply to a dwelling unit within a development:
(1) That is subject to the Vacation Ownership and Time-share Act of 2004 (Cal. Bus. and Prof. Code, Sections 11210 et seq.); and
(2) That became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.
(C) Vacation rentals shall be limited to a maximum of 100-day annual cap per calendar year. Vacation rentals which are only used for a partial day (i.e., arrival and departure days) shall be rounded up and counted as a full day. Notwithstanding any language in this subsection (C) to the contrary, the 100-day annual cap per calendar year shall not apply to a dwelling unit within a development:
(1) That is subject to the Vacation Ownership and Time-share Act of 2004; and
(2) That became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.
(Ord. No. 2969)
(A) Except as expressly authorized by this article, no dwelling, property or any portion thereof shall be rented for a term of less than 30 consecutive days. Renting for less than 30 days pursuant to a purported longer-term lease or by other means intended to evade compliance with this article is prohibited.
(B) A valid permit issued by the city pursuant to this article is required in order for any person that seeks or receives any rent, payment, fee, commission or compensation in any form, to rent, offer for rent, advertise for rent, or facilitate the rental of a homeshare or vacation rental. For purposes of this article, the owner of a dwelling unit that is subject to the Vacation Ownership and Time-share Act of 2004 must obtain a valid permit issued by the city pursuant to this article for the rental of the dwelling unit for non-timeshare purposes for a period of less than 30 days.
(C) A short-term rental permit authorizing a vacation rental or homestay shall be issued or renewed by the community development director, or designee if the following minimum findings are met.
(1) The property is compliant with all State and local codes.
(2) The property complies with the requirements in this article.
(3) There is no substantial evidence of nuisance behavior from the location.
(4) Issuance of the permit will not exceed the neighborhood cap pursuant to section 16-662.
(D) The community development director shall have the authority to impose additional standards and/or conditions to short-term rental permits as necessary to achieve the objectives of the article.
(Ord. No. 2969)
(A) Permits for short-term rentals shall be issued or renewed for a maximum term of one year. All permits shall contain the following provision: “This permit shall expire no later than one year after the date of issuance, and is subject to revocation for violation or noncompliance with the requirements or any other applicable provision of the Oxnard City Code.”
(B) Permit holders that remain in good standing and apply for a renewal permit prior to the expiration of their current permit will be granted a renewal permit. If a permit expires, the request for a permit would be treated as a new permit subject to any established waiting list.
(Ord. No. 2969)
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