SEC. 17-55. HOME OCCUPATIONS.

(A) Purpose - The purpose of this section is to provide general standards relating to fencing, building heights, zone walls, on-site lighting, architectural features and similar provisions which generally apply to all development within the coastal zone.

(`64 Code, Sec. 37-4.7.1)

(B) Applicability and specific standards - Except as otherwise provided in this chapter, the general standards of chapter 16 shall apply to development in the coastal zone.

(`64 Code, Sec. 37-4.7.2)

(Ord. No. 2145, 2716)

SEC. 17-52. WIRELESS COMMUNICATION FACILITIES.

(A) Purpose - The purpose of this section is to provide standards governing the installation of towers, antennae, and other wireless communication facilities (hereinafter collectively "wireless communication facilities") to greatly reduce or eliminate any adverse impacts on coastal zoned properties. Specifically, the purpose of this section is to:

(1) Permit stealth installation of wireless communication facilities within the coastal zones;

(2) Encourage the joint use of new and existing sites as a primary option rather than the construction of additional single-use sites;

(3) Encourage the location of wireless communication facilities in areas where adverse impacts to coastal zoned properties are minimal;

(4) Discourage the construction of monopoles and non-stealth facilities;

(5) Encourage the configuration of wireless communication facilities to minimize adverse visual impacts through careful design (such as the use of stealth facilities, siting, landscape screening, and other camouflaging techniques); and

(6) Expand the availability of quick, effective and efficient wireless communications services in the coastal zone.

(B) Applicability -

(1) This section applies to wireless communication facilities that were not approved prior to the effective date of this section, whether the application was received by the city before or after the effective date of this section.

(2) This section shall not apply to wireless communication facilities under 70 feet in height that are owned and operated by a federally licensed amateur radio station.

(1) ANTENNA. A device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.

(2) CELL SITE. A geographical area with a typical radius of one-half mile to five miles, containing both transmitting and receiving antennae.

(3) CELLULAR. Analog or digital wireless communication technology based on systems of interconnected neighboring cell sites.

(4) CO-LOCATION. The locating of wireless communication facilities from more than one provider on a single building or structure.

(5) ELECTROMAGNETIC FIELD. The local electric and magnetic fields that envelop the surrounding space, as by the movement and consumption of electric power by transmission lines, household appliances and lighting.

(6) EQUIPMENT FACILITY. A structure containing ancillary equipment for a wireless communication facility, including cabinets, shelters, and similar structures.

(7) FCC. The Federal Communications Commission.

(8) LATTICE TOWER. A multi-sided, open, metal frame tower.

(9) MANAGER. The City's Planning and Environmental Services Manager.

(10) MICRO-CELL FACILITY. A small low power radio transceiver contained in equipment cabinets with a total volume of 100 cubic feet or less, that are either under or above ground, and up to four directional panel antennas with dimensions no greater than two feet by two feet or one foot by four feet or one cylindrical antenna with dimensions no greater than six inches in diameter and five feet in height mounted on a single pole, an existing convention utility pole or other similar support structure.

(11) MONOPOLE. A single pole wireless communication facility.

(12) SCENIC HIGHWAY. A road, street, highway or freeway designated as a scenic highway in the open space/conservation element of the city's general plan.

(13) STEALTH FACILITY. A wireless communication facility designed to blend into the surrounding environment, typically architecturally integrated into a building or other concealing structure. Mounting structures may include, but are not limited to, clock towers, bell steeples, and other similar structures designed to camouflage or conceal the presence of antennae or towers.

(14) TOWER. A structure higher than its diameter and high relative to its surroundings, free- standing or attached to another structure, of skeleton framework or enclosed, that is erected primarily for the purpose of supporting one or more antennae for wireless communication facilities.

(15) WIRELESS COMMUNICATIONS. Personal wireless services as defined in the Telecommunications Act of 1996, including cellular, personal communication, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services.

(16) WIRELESS COMMUNICATION FACILITY. A structure, including a tower, pole, monopole, lattice tower, water tower, building or other structure, that supports antennae and related equipment that sends or receives radio frequency signals.

(D) Approval process - Applications for all wireless communication facilities shall be supported by information described in section 16-488(F) of the city code. Such wireless communication facilities shall not be constructed, installed, operated, or maintained before a development review permit is granted or a coastal development permit is issued, as set out in this chapter. Applicants are encouraged to submit a single application for multiple wireless communication facilities or a single application for multiple wireless communication facilities to be located on one site (i.e. co-location).

(1) Development Review Permit - A development review permit may be processed in accordance with section 17-57 of this chapter for the following wireless communication facilities that do not meet the definition of appealable development pursuant to Section 17-3 of this chapter, and that comply with all of the development standards of this section and the zoning district in which such facilities are to be located.

(a) A stealth facility located in a non-residential coastal zone district, i.e. Coastal Neighborhood Commercial (CNC), Coastal Dependent Industrial (CDI), Coastal Energy Facilities (EC), Coastal Oil Development (COD), or the Harbor, Channel Islands (HCI) zones.

(b) A stealth facility located in the Coastal Visitor Serving Commercial (CVC) zone district that is subordinate to a visitor-serving commercial use on the site.

(2) Coastal Development Permit - A coastal development permit, processed in accordance with section 17-57 of this chapter, may be issued for the following wireless communication facilities:

(a) A non-stealth facility in a non-residential coastal zone district, i.e. Coastal Neighborhood Commercial (CNC), Coastal Dependent Industrial (CDI), Coastal Energy Facilities (EC), Coastal Oil Development (COD), or the Harbor, Channel Islands (HCI) zones.

(b) A non-stealth facility located in the Coastal Visitor Serving Commercial (CVC) zone district that is subordinate to a visitor-serving commercial use on the site.

(c) A stealth facility located in any coastal residential zone district, i.e. Single-Family Beach (R-B-1), Single-Family Water-Oriented (R-W-1), Townhouse, Water-Oriented (R-W-2), Coastal Low Density Multiple-Family (R-2-C), Coastal Medium Density Multiple-Family (R-3-C), Coastal Planned Unit Community (CPC), Coastal Mobile Home Park (MHP-C), and Beachfront, Residential (R-BF) zones.

(d) Although strongly discouraged, a wireless communication facility with an individual support tower (e.g. monopole or lattice tower).

(e) A wireless communication facility within a Southern California Edison (SCE) substation.

(3) Wireless communication facilities are prohibited within the Coastal Resource Protection (RP) and Coastal Recreation (RC) zone districts, unless it can be demonstrated that there is no other feasible location that would avoid the need for wireless communication facilities to be located in these zone districts. Where such facilities are allowed, all impacts must be fully mitigated.

(E) Co-location policy - Wireless communication facilities shall be designed to promote site sharing and co-location, and shall comply with the following standards:

(1) All new wireless communication facilities shall be designed to accommodate co-location.

(2) Accessory structures, including light poles, existing utilities and buildings, shall be utilized as co-location facilities.

(F) Health and safety -

(1) Every wireless communication facility shall be placed, operated and maintained in a manner that fully complies with current regulations of the FCC governing radio frequency emissions.

(2) All wireless communication facilities shall meet the minimum siting distances to habitable structures required for compliance with FCC regulations and standards governing the environmental effects of radio frequency emissions.

(3) New or existing wireless communication facilities shall not interfere with public safety telecommunications or private use telecommunication devices.

(4) Wireless communication facilities shall meet current standards and regulations of the FCC and any other agency of the State or federal government with authority to regulate wireless communication facilities. If such standards or regulations change, the owners of wireless communication facilities governed by this article shall bring wireless communication facilities into compliance with the revised standards or regulations within six months of the effective date of the revisions, unless a different compliance schedule is required by the controlling agency. Failure to bring wireless communication facilities into compliance with the revised standards or regulations shall constitute grounds for the city to remove such facilities at the owner's expense, following a duly noticed public hearing where it is found that such facilities are not operating in full compliance with said revised standards and regulations.

(5) If applicable, mitigation measures shall be implemented to mitigate environmental impacts associated with the facility.

(G) Development standards -

(1) Height. In all coastal zone districts, no structures, antennae, or appurtenances associated with wireless communication facilities shall exceed the height limitations of the subject zone district. For those zone districts where maximum height is not specified, the maximum height for such facilities shall not exceed the maximum height of the existing building/structure by more than 15 feet. Height shall be measured as the vertical distance from the grade at the base of the wireless communication facility to the top of the wireless communication facility, or in the case of roof mounted wireless communication facilities, from the grade directly below the exterior base of the building to the highest point of the wireless communication facility (inclusive of any screening device). Antennae and other projections from the wireless communication facility shall be included in the measurement of height.

(2) Setbacks. All wireless communication facilities shall comply with the setbacks specified in the zone in which the facility is located. For those zone districts without established setbacks, such distances shall be set at the height of the structure for a freestanding structure. A building-mounted facility shall be set back from habitable structures as required by FCC regulations.

(3) Separation and Screening from Residential Property. Wireless communication facilities shall be placed far enough from residential property or be screened to mitigate visual impacts of the facilities on residences.

(4) Landscaping and Screening. Wireless communication facilities shall be landscaped and screened to comply with the requirements of the zone and specific plan area in which they are located. The manager or the planning commission shall have discretion to require such landscaping and screening as may be reasonably required to mitigate visual impacts. If an equipment screen is proposed to be located on the roof of an existing building or structure, it shall be fully screened or incorporated into the architectural design of the structure. Existing mature trees and natural land forms on the site shall be preserved to the extent feasible. Vegetation that causes interference with antennae or inhibits access to an equipment facility may be trimmed. Existing on-site vegetation may be used in lieu of other landscaping when approved by the manager.

(5) Environmentally Sensitive Habitat Areas. Disturbed areas associated with the development of a facility shall not occur within the boundaries or buffer of any area meeting the definition of environmentally sensitive habitat area, either identified by the certified LCP or identified by the city through a site-specific biological survey. An exemption may be approved only upon showing of sufficient evidence that there is no other feasible location(s) in the area or other alternative facility configuration that would avoid impacts to environmentally sensitive habitat areas. If an exemption is approved with regard to this standard, the city shall require the applicant to fully mitigate impacts to environmentally sensitive habitat consistent with the provisions of the certified LCP.

(6) Design Standards - Wireless communication facilities shall be designed as follows:

(a) In General -

1. Wireless communication facilities and accessory equipment shall have subdued colors and be constructed of non-reflective materials that blend with the materials and colors of the surrounding areas.

2. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signs.

3. In scenic areas and where there are views to or along the coast or inland waterways, wireless communication facilities shall be sited and designed to minimize impacts to visual resources.

(b) Towers - All towers shall have either a galvanized steel finish or be painted a neutral color to reduce visibility.

1. Accessory equipment shall be located within a building, structure, enclosure or underground vault. All rooftop equipment shall be fully screened from view from public rights-of-ways, using architecturally appropriate material approved by the approving authority.

2. In scenic areas and where there are views to or along the coast or inland waterways, impacts to visual resources should be minimized through the undergrounding of accessory equipment, where feasible, unless accessory equipment is screened from view by existing, legal structures.

(6) Lighting - Wireless communication facilities shall not be artificially illuminated. Equipment facilities may have security and safety lighting that is appropriately shielded to keep light within the boundaries of the site.

(H) Removal of abandoned wireless communication facilities - A wireless communication facility that has not operated for six continuous months shall be considered abandoned, and the owner shall remove such facility at the owner's expense within 90 days of notice from the manager. If the wireless communication facility is not removed within 90 days, the city may remove such facility at the owner's expense. If there are two or more users of a single wireless communication facility, this section shall not apply until all users cease using such facility for six continuous months.

(I) Removal of wireless communication facilities within utility right of way - A wireless communication facility that is located within any utility right of way where undergrounding of utilities is scheduled to occur, shall be removed at the owner's expense within six months of notice. If the wireless communications facility is not removed within the six-month period, the city may remove such facility at the owner's expense.

(J) Modifications to existing wireless communications facilities -

(1) Minor modification. The manager may approve minor modifications to existing wireless communication facilities. For purposes of this section, a minor modification is defined as any modification to an existing and permitted wireless communications facility that does not result in any increase or intensification in dimensions or power output. In addition, minor modifications shall not increase the visual impact of any wireless communication facility.

(2) Major modification. The planning commission may approve a major modification to wireless communication facilities as an amendment to a previously approved coastal development permit. Major modifications are any modifications that exceed the definition of minor modifications or that the manager does not consider to be minor modifications.

(K) Validation of proper operation - Within 90 days of commencement of operation of a wireless communication facility approved after the effective date of this section, the operator of such facility shall provide to the manager a report prepared by a qualified engineer, verifying that the operation of such facility is in compliance with the standards established by the American National Standards Institute and the Institute of Electrical and Electrical Engineers for safe human exposure to electromagnetic fields and radio frequency radiation.

(L) Violations - Violation of any provision of this section is a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense by a fine. In accordance with the city's bail schedule, or imprisonment for a term not to exceed six months, or both.

(Ord. No. 2649, 2673, 2716)

SEC. 17-53. SHORT-TERM RENTAL UNITS.

(A) Purpose and intent - 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.

(B) Definitions - 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 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 section. Use of a dwelling for occasional home exchange is not considered a vacation rental.

(1) 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. The number of vacation rental permits shall be limited to 10% in the residential beach front (R-BF) zone. The total number of vacation rental permits issued to residential dwellings shall not exceed 5% of the total dwelling units in each neighborhood. If no short-term rental permits are available pursuant to the cap on short-term rentals, the director or designee shall place interested property owners on a waiting list in the order in which they were received. If a permit becomes available, applications shall be accepted and reviewed in the order they are listed on the waiting list, subject to subsection (K).

(2) Notwithstanding any language in this subsection (C), subsection (D), or subsection (F)(3) to the contrary, if the owner(s) of an existing short-term rental property: (i) consistently paid transient occupancy taxes to the city pursuant to sections 13-15 et seq. starting on or before January 1, 2019; (ii) otherwise complies with the requirements of this section 17-53; and (iii) applies for a vacation rental permit within 60 days from the effective date of section 17-53, then such owner(s) shall be eligible for a short-term rental permit even if the approval of such permit(s) would exceed the vacation rental permit cap for the general plan neighborhood or R-BF zone in which the property is located. During the initial 60-day period from the effective date of this section 17-53, no applications for a vacation rental permit shall be accepted from any party except from the owner(s) of an existing short-term rental property who consistently paid transient occupancy taxes to the city pursuant to section 13-15 et seq. starting on or before January 1, 2019 and otherwise complied with the requirements of section 17-53. If the issuance of permits pursuant to applications filed during the initial 60-day period exceeds the rental permit cap in any general plan neighborhood or the R-BF zone, then no further permits can be issued in that general plan neighborhood or RB-F zone as long as the number of valid permits equal or exceed the percentage of permits otherwise allowed in the particular general plan neighborhood or R- BF zone. If, however, the vacation rental permit for that property is revoked pursuant to section 17-53(R), said property will be subject to the applicable cap requirement and the owner(s) may reapply for a permit pursuant to this section 17-53.

(D) Separation requirement -

(1) No vacation rental shall be issued a permit when a vacation rental permit has already been issued to another property that is either: (i) within 100 feet of the proposed vacation rental in the Residential Beach Front (R-BF) zone; or (ii) within 200 feet of the proposed vacation rental outside the R-BF zone. The 100-foot and 200-foot separation is to be measured horizontally from all parcel lines of property ownership as established by the legal description for the property on record with the County of Ventura.

(2) Notwithstanding any language in this subsection (D) to the contrary, the 100-foot and 200-foot separation requirement shall not apply to a dwelling unit within a development:

(a) That is subject to the Vacation Ownership and Time-share Act of 2004 (Cal. Bus. and Prof. Code, Section 11210 et seq.); and

(b) That became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019; and

(c) Whose owner(s): (i) on or before January 1, 2019, consistently paid transient occupancy taxes to the city pursuant to sections 13-15 et seq.; (ii) otherwise complies with the requirements of this section 17-53; (iii) and applies for a vacation rental permit within 60 days from the effective date of section 17-53; provided, however, if the vacation rental permit is revoked pursuant to section 17-53(R), said property will be subject to the applicable separation requirement and the owner(s) may reapply for a permit pursuant to this section 17-53.

(E) Maximum rental period -

(1) 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.

(2) Notwithstanding any language in this subsection (E) to the contrary, the 100-day annual cap per calendar year shall not apply to a dwelling unit within a development:

(a) That is subject to the Vacation Ownership and Time-share Act of 2004); and

(b) That became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.

(F) Permit required -

(1) 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.

(2) 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.

(3) A short-term rental permit authorizing a vacation rental or homeshare shall be issued or renewed by the community development director, or designee if the following minimum findings are met:

(a) The property is compliant with all State and local codes.

(b) The property complies with the requirements of this article.

(d) Issuance of the permit will not exceed the neighborhood cap pursuant to subsection (C) above.

(4) 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.

(G) Limited term -

(1) 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.”

(2) 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 lists.

(H) Owner requirements and limitations -

(1) Permits may only be issued to the owner(s) of the homeshare or vacation rental property, and shall automatically expire upon sale or transfer of ownership of the property, in whole or in part. All permits shall include the following provision: “This permit shall automatically expire upon sale or transfer of the property, in whole or in part, or as stated in subsection (F), whichever comes first.”

(2) A permit may only be issued for a homeshare or vacation rental property if no owner of the subject homeshare or vacation rental property is also the owner of another homeshare or vacation rental property that is currently permitted under this article. In addition, if a property contains multiple dwelling units that have not been subdivided pursuant to the subdivision map act (e.g.. a duplex, cottages or apartments), only one dwelling unit on the property is eligible for permitting as a homeshare or vacation rental under this article.

(3) Notwithstanding any language in subsection (H)(2) to the contrary, if a dwelling unit is subject to the Vacation Ownership and Time-share Act of 2004, an owner of said dwelling unit may obtain a permit for more than one such dwelling, provided that said owner otherwise complies with all of the applicable requirements of this section 17-53.

(I) Ineligible dwellings, structures and spaces - No permit for a homeshare or vacation rental shall be issued for any of the following dwellings:

(1) A dwelling subject to a city-imposed covenant, condition or agreement restricting its use to a specific purpose including but not limited to an affordable housing unit, farmworker housing, a superintendent or caretaker dwelling.

(2) A dwelling on property fully or partially owned by a corporation, partnership, limited liability company, or other legal entity that is not a natural person, except in the event every shareholder, partner or member of the legal entity is a natural person as established by documentation (which shall be public record) provided by the permit applicant. In the event this exception applies, every such natural person shall be deemed a separate owner of the subject dwelling and property for purposes of this article. Notwithstanding any language in this subsection (I)(2) to the contrary, if a dwelling unit is subject to the Vacation Ownership and Time-share Act of 2004, such unit may be owned by a corporation, partnership or limited liability company and still be eligible to obtain a permit pursuant to this section 17-53, provided that said owner otherwise complies with all of the applicable requirements of this section 17-53.

(3) A dwelling on property owned by six or more owners, unless each owner shares common ancestors or the dwelling is subject to the Vacation Ownership and Time-share Act of 2004 and became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.

(4) A dwelling or structure that has not, if legally required, obtained a full building final inspection or been issued a valid certificate of occupancy by the city building official.

(5) A mobile home located in a mobile home park.

(6) Space in a yard or on a balcony. Camping in a backyard or on a balcony as a form of STR is prohibited.

(7) A vehicle, to include an RV, car or boat. Use of a vehicle as a form of STR is prohibited.

(8) Those 440 units in the planned development community known as The Colony at Mandalay Beach.

(9) Those units in the Harbour Island condominiums.

(10) An accessory dwelling unit.

(J) Pre-permitting inspection - Prior to the initial issuance of a permit under this article, the city building official or designee shall conduct an inspection to determine the number of bedrooms within the unit and ensure the dwelling and site comply with the provisions of this article and other applicable building and zoning codes and regulations regarding parking, access, fire, and other relevant health and safety standards. If any violation is identified during the inspection, no permit shall be issued under this article until the violation(s) is abated.

(K) Permit application, processing and fees -

(1) Applications for the initial issuance and renewal of permits under this article shall meet the form and content requirements as established by the community development director or designee.

(2) Each application shall include a floor plan showing all rooms with each room labeled as to room type and a site plan depicting the location of all on-site parking and existing structures and describing the use of all existing structures.

(3) Each application shall include a nuisance response plan containing the information required by subsection (L).

(4) Each application shall include a mailing list for notifications pursuant subsection (N)(2) along with fees as set forth in the planning division fee schedule.

(5) Each application shall include an affidavit in a form provided by the community development director or designee, signed by each owner of the subject property, agreeing to comply with the operational standards of subsection (M) and the property management requirements of subsection (N) should the permit be issued. The affidavit form shall also include the following statement: “The City considers the short-term rental of dwellings to be businesses that are operated in residential zones. Short-term rentals are not a by-right use. Instead, they are only allowed if operated in strict compliance with the rules and requirements of Chapter 17, Article IV, Section 17-53 of the Oxnard City Code. Violations are grounds for permit revocation, fines, and/or criminal prosecution.”

(6) For a homeshare only, annually provide to the planning division proof of a homeowner’s exemption from the county assessor and a fully-executed statement that the property is owner occupied.

(7) An annual permit fee authorized by the fee schedule applicable to the planning division may be collected upon the filing of an application to cover the city’s costs of administering this article.

(8) Prior to permit issuance under this article, the applicant shall: (i) pay all applicable city fees: (ii) provide contact information for the owner of a homeshare, or designate and provide contact information for one or two property managers of a vacation rental, pursuant to subsection (L); (iii) provide a fully-executed affidavit pursuant to subsection (K)(5): (vi) provide proof of compliance with the applicable business tax and licensing, and transient occupancy tax requirements pursuant to subsection (N)(6); (v) for a homeshare only, proof of homeowner’s exemption and statement that property is owner occupied pursuant to subsection (K)(6) ; (vi) provide proof of insurance pursuant to subsection (N)(7); and (vii) provide the fully-executed defense and indemnification agreement pursuant to subsection (N)(8).

(9) Notwithstanding any other provision of this article, no public hearing shall be conducted regarding permit applications under this article. Decisions of the community development director or designee on permit applications to approve a short-term rental permit are final when rendered and are not subject to appeal.

(L) Nuisance response plan - Each nuisance response plan accompanying a vacation rental application shall contain the following information and otherwise be in a form required by the community development department.

(1) The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a vacation rental pursuant to the permit.

(2) The name, address and telephone number of the person or persons who will be available by telephone, and who will be responsible for promptly responding to or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the vacation rental by tenants, their visitors and/or their guests. For the purposes of this section, a return telephone call to a complainant shall be deemed “prompt” when:

(a) Between the hours of 7:01 a.m. and 9:59 p.m. the call to contact the renter to correct the problem is made within 30 minutes of receiving the initial complaint;

(b) Between 10:00.p.m. and 7:00 a.m.. the quiet hours, the call to contact the renter to correct the problem is made within 15 minutes of receiving the initial complaint.

(3) No more than a total of three persons shall be designated in the response plan as a person responsible for responding to or causing a response to a nuisance complaint; and

(4) Only one such person shall be designated as the person responsible for responding to a nuisance complaint during any particular hours of the day, different days in a week, and/or different weeks of the year.

(5) The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.

(6) The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this section “timely corrective action” shall include, at a minimum, a telephone call to the primary adult occupant of the short-term vacation rental within 30 minutes of the initial nuisance complaint.

(M) Operational standards - The following minimum operational standards apply to all homeshares and vacation rentals. All owners, renters, occupants and visitors of homeshares and vacation rentals shall comply with the operational standards. The owner(s) and permittee(s) of homeshares and vacation rentals are ultimately responsible for ensuring compliance with, and are liable for violations of, these operational standards.

(1) Limits on duration of stay -

(a) The property owner shall require all occupants of vacation rentals to agree to a minimum stay of no less than three nights.

(b) Vacation rental units may be rented for no more than 100 days during any calendar year. Notwithstanding any language in this subsection (M) to the contrary, the 100-day annual cap per calendar year shall not apply to a dwelling unit within a development that is subject to the Vacation Ownership and Time-share Act of 2004) and that became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.

(2) Occupancy limits -

(a) Vacation rental overnight occupancy shall be limited to a maximum of two persons per bedroom occupying up to five bedrooms, plus two additional persons, up to a maximum of ten persons.

(b) Homeshares shall have a maximum of two bedrooms available for rental. Overnight occupancy shall be limited to a maximum of five rental guests.

(c) Inclusive of the owner(s) in the case of homeshares, the maximum number of total persons allowed on the property at any time shall not exceed the maximum overnight occupancy plus six additional persons. No person who is not staying overnight at the homeshare or vacation rental shall be on the property during the quiet hours stated in subsection (M)(4)(b).

(d) Homeshares and vacation rentals shall not be rented to more than one group at a time; no more than one rental agreement shall be effective for any given date.

(e) The primary occupant of a vacation rental shall be an adult 21 years of age or older. The primary occupant shall be legally responsible for compliance of all occupants of the unit and/or their guests with all provisions of this article and/or this code.

(3) Parking requirements -

(a) Parking shall be provided on the property as follows:

1. A minimum of one parking space for vacation rentals in a studio or one bedroom;

2. A minimum of two parking spaces for homeshares and vacation rentals with two to four bedrooms; and

3. A minimum of three parking spaces for homeshares and vacation rentals with five or more bedrooms.

(b) Permitted garages and driveways on the property shall be unobstructed and made available for renter parking.

(4) Noise -

(a) No use or activity associated with a homeshare or vacation rental shall at any time create unreasonable noise or disturbance as provided in chapter 7, article XI - sound regulations of the Oxnard city code.

(b) Quiet hours shall be observed from 10:00 p.m. to 7:00 a.m.

(c) Pursuant to OCC section 7-147.1 the sale, offer to sell, use, or possession of fireworks is prohibited in the City of Oxnard and use by a tenant or guest of an STR is also a violation of this article.

(5) Events and activities - No homeshare or vacation rental property shall be rented or used for any event or activity attended by more persons than are allowed on the property pursuant to subsection (M)(2) that violates any noise standard of subsection (M)(4), or that violates any other standard or requirement of this article or any other local, State or federal law.

(6) Refuse - Adequate waste collection facilities and services shall be provided for a homeshare or vacation rental at all times. Waste bins and refuse shall not be left within public view, except in proper containers for the purpose of collection on the scheduled collection day(s). The waste collection schedule and information about recycling and green waste separation and disposal shall be included in the rental agreement and posted conspicuously inside the rental unit.

(N) Property management requirements - The following minimum property management requirements apply to all homeshares and vacation rentals.

(1) Owner/property manager requirements -

(a) At all times a homeshare is rented out. a homeshare owner shall be onsite between the hours of 10:00 p.m. and 7:00 a.m.. and within 25 miles of the property at all other times, to ensure compliance with the standards and requirements of this article.

(b) At all times a vacation rental is rented out. the vacation rental shall have one or two designated property managers, one of whom shall be available at all times and within 25 miles of the property, to ensure compliance with the standards and requirements of this article. An owner may serve as one of the property managers.

(c) Each application under this article shall include the name, address, and telephone number(s) at which the property manager(s) can be reached at all times, along with the signature of each property manager. Any requested change to a designated property manager shall be made through a formal written request to the community development director or designee, and shall include the signature of the proposed property manager and the desired effective date of the change. No change to a vacation rental’s designated property manager shall take effect unless and until approved in writing by the community development director or designee.

(2) Permit notification -

(a) The planning division shall provide a mailed notice of permit issuance, and of each permit renewal, to the owner of the subject property and the owners of all real property situated within a radius of 300 feet of the exterior boundaries of the assessor’s parcel(s) which is the subject of the application.

(b) At a minimum, the notice of permit issuance shall include: (i) directions to view a copy of the nuisance response plan: and (ii) contact information for the code compliance division.

(3) Information in rental agreements -

(a) Each rental agreement for a vacation rental or homeshare shall prominently display the following information:

1. The permitted occupancy and guest limits for both day and night;

2. Notification that quiet hours shall be observed between 10:00 p.m. and 7:00 a.m.;

3. Notification that no outdoor amplified music or sound is allowed during quiet hours and a copy of chapter 7, article XI - sound regulations of the Oxnard city code as may be amended from time to time;

4. Notification that the property cannot be used for events that exceed the applicable occupancy or guest limits, or that violate the quiet hours, noise standards or any other standard or requirement of this article;

5. The available number of onsite parking spaces, and notification that all parking shall occur on-site with no on-street parking allowed;

6. The waste collection schedule and the tenant’s responsibilities regarding waste collection;

7. Notification that the sale, possession or use of fireworks in the City of Oxnard is prohibited.

(4) Information in advertising and listings -

(a) Each advertisement and listing for a vacation rental or homeshare shall prominently display the following information:

1. The city-issued land use permit number authorizing the homeshare or vacation rental under this article;

2. The current city issued business license tax certificate identification number, if required for the operation;

3. All advertisements for homeshares shall state that the unit is an owner-occupied dwelling, and the owner will be present in the home;

4. The available number of onsite parking spaces, and notification that all parking shall occur on-site with no on-street parking allowed.

(b) No advertisements or notices regarding the availability of a dwelling for homeshare or vacation rental use shall be posted on the property.

(5) Posting inside of dwellings - The following information, as well as all information required by subsection (N)(3), shall be posted in a conspicuous location inside the dwelling within six feet of the main entrance of the homeshare or vacation rental:

(a) The name and contact information for the designated property manager of a vacation rental or owner of a homeshare, and the telephone number(s) at which the person can be reached at all times;

(b) The waste collection schedule and information about recycling and green waste separation and disposal;

(c) Notification that the property owner, renter, and occupants are subject to criminal citation and fines, civil penalties and/or permit revocation for violations of the unit’s occupancy limits, noise standards and other operational standards.

(6) Business license; business taxes: transient occupancy tax - The owner of a vacation rental or homeshare shall acquire and maintain a valid city business license, timely pay annual business taxes evidenced by a business tax certificate, and obtain and maintain a valid city transient occupancy tax registration certificate and timely pay all required city transient occupancy taxes.

(7) Insurance - The owner shall maintain an insurance policy that includes coverage for commercial/business general liability with a minimum limit of $1,000,000 per occurrence for claims of personal injury or property damage. Proof of such insurance coverage shall be provided with each permit application under this article, and shall be made available to the community development director or designee upon request.

(8) Defense and indemnification - All owners of a homeshare or vacation rental shall be jointly and severally responsible to defend and indemnify the city and all of its officials, employees and agents from and against all third-party claims, causes of action, fines, damages and liabilities of whatever nature arising from or related to the processing and issuance of a permit under this article and/or from the operation of the homeshare or vacation rental. Upon submittal of a permit application under this article, all owners of the homeshare or vacation rental shall execute a written agreement on a form provided by the community development director or designee implementing this defense and indemnification requirement.

(9) Record-keeping - The owner of a homeshare or vacation rental shall keep and preserve all records as may be necessary to demonstrate compliance with the standards and requirements of this article. These records shall include but are not limited to all rental agreements entered into, advertisements and online listings. The records shall be maintained during the term of the permit issued under this article and subsequent renewal up to two years, and shall be made available in electronic format for the city’s review upon request of the community development director or designee.

(O) Inspection and monitoring -

(1) Inspections - In addition to the pre-permitting inspection of a homeshare or vacation rental pursuant to subsection (J), upon reasonable notice. City staff shall be given access to the dwelling and site to conduct an inspection during the term of the permit to ensure continued operation of the homeshare or vacation rental in compliance with the provisions of this article and other applicable building and zoning codes and regulations regarding parking, access, fire, safety, and other relevant issues.

(2) Inspection, monitoring and code enforcement costs - City monitoring shall be required for each homeshare and vacation rental operation issued a permit. The permittee shall be responsible for all inspection and monitoring costs associated with the operation. Monitoring may be conducted by a third party compliance company hired by the city. The permittee shall also be responsible for any and all code enforcement costs, calculated at a full cost recovery rate, related to their property.

(P) Permit fees - The community development department shall assess fees for a short-term rental permit, as set by the city council. Fees and deposits set forth in this article may be adjusted each year by the city council, reflecting the costs of administering the short-term rental permit, and enforcing the requirements of this section.

(Q) Complaints and violations -

(1) Complaints -

(a) Complaints regarding the condition, operation or conduct of the renters, occupants or visitors of a homeshare or vacation rental shall be directed to the vacation rental property manager or homeshare owner for investigation and resolution. The property manager or owner shall be available by phone at all times the dwelling is rented out as a homeshare or vacation rental.

(b) Upon receipt of a complaint that any renter, occupant or visitor of a homeshare or vacation rental has created unreasonable noise or disturbance and/or potentially violated any other operational standard of this article the property manager or owner shall take all necessary actions to promptly resolve the issue, including by initially contacting the renter to correct the problem within 30 minutes, or within 15 minutes during the quiet hours between 10:00 p.m. and 7:00 a.m.. after the complaint is first received.

(c) Within 24 hours after first receiving a complaint pursuant to subsection (Q)(1) (b) above, the property manager or owner shall complete the online reporting form provided by the community development director or designee to: (1) report and describe the complaint, including the time the complaint was first received; (2) describe all actions taken to resolve the issue, including the time each action was taken; and (3) describe the resolution or current status.

(d) A property manager’s or owner’s failure to promptly resolve a complaint pursuant to subsection (Q)(1)(b) above which the planning division deems to be valid, or to timely and fully report the complaint to the community development director or designee on the online reporting form, shall each constitute a separate violation of this article.

(e) Individuals who file false reports of nuisance activities or other violations of this section shall be subject to fine and prosecution pursuant to Cal. Penal Code, Section 148.5 and the complainant will be responsible for the costs associated with the service call by the police department or code enforcement.

(2) Violations - Each of the following acts or omissions related to the operation or use of a homeshare or vacation rental is unlawful and constitutes a violation of this article. Owners are jointly and severally responsible and liable, along with any other responsible person, for each violation committed with respect to their homeshare or vacation rental. Each day a violation occurs constitutes a separate, additional violation:

(a) Engaging in an act in violation of the permitting requirement of subsection (F);

(b) Failure to comply with an operational standard of subsection (M);

(d) Failure to comply with the complaint investigation, resolution and/or reporting requirements of subsection (Q)(1); and

(e) Failure to timely remit to the city any cost or fee pursuant to this article.

(R) Revocation or suspension of permit -

(1) The community development director may revoke, or suspend a vacation rental or homeshare permit for one or more of the following reasons:

(a) A property transfer triggering property tax reassessment pursuant to the Cal. Rev. and Tax. Code, Section 60 et seq., as determined by the Ventura county assessor such that the vacation rental or homeshare permit associated with the property shall expire and shall also become nonrenewable at the time of the property transfer.

(b) The permittee has made a false, misleading or fraudulent statement of material fact in the application for the vacation rental or homeshare permit, in the information required to be submitted to the city, or in response to inquiries by the city.

1. Resulted in a citation or conviction against the permittee;

2. Violated local, State or federal law;

3. Constituted a public nuisance;

4. Breached any condition, requirement, or restriction of the vacation rental or homeshare permit; or

5. Constituted a hazard to public peace, health, or safety.

(d) Failure to pass inspections required under the provisions of subsection (J).

(e) Three or more verified and valid complaints of any violation of the Oxnard city code, State or federal law. as determined by the community development director, within a 12-month period, shall be grounds for permit revocation.

(2) A vacation rental or homeshare permit may be revoked, suspended, or additional conditions may be imposed by the community development director by providing written notice to the permittee setting forth the basis of the intended action and giving the permittee an opportunity, within 14 calendar days, to present responding information to the department of planning and community development.

(3) After the 14-day period, the community development director shall determine whether to revoke the permit, suspend the permit, or impose additional conditions upon the permit and thereafter, give written notice of its decision to the permittee. The permit shall be deemed to be valid until the written notice of the decision has been issued.

(S) Violations declared a public nuisance - Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

(T) Each violation a separate offense - Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Oxnard. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, any permit issued pursuant to this article being deemed null and void, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of Oxnard may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the person/s or entity to which the STR permit was issued and by tenants under contract to use the STR. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or his or her designee(s), may take immediate action to temporarily suspend a STR permit issued by the city, pending a hearing before the city manager, or his or her designee(s).

(U) Criminal penalties - Each and every violation of the provisions of this article may, at the discretion of the district attorney or city attorney be prosecuted as an infraction or misdemeanor and upon conviction be subject to a fine not to exceed $1,000 for the first violation, $2,000 for the second violation, and $3,000 and revocation of the permit for a period of two years after which the property owner would have to reapply for the third violation. Each day a violation is committed or permitted to continue shall constitute a separate offense. The fine for operating an unlicensed and/or unpermitted STR shall be $5,000 per day.

(V) Remedies cumulative and not exclusive - The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

(W) Appeals - A property owner or duly appointed designee may appeal a decision of the community development director to deny, revoke, or suspend a short-term rental permit pursuant to chapter 1, article V - administrative hearings of the Oxnard city code.

(Ord. No. 2970, 2986)

ARTICLE V. ADMINISTRATION

SEC. 17-55. HOME OCCUPATIONS.

(A) Purpose - The purpose of this section is to provide for the conduct of home occupations in residential structures in residential zones, when the home occupations are incidental to and compatible with surrounding residential uses. A home occupation is gainful employment engaged in by the occupant of a dwelling. A home occupation shall not generate frequent customer access or have associated characteristics which would reduce other residents' enjoyment of the neighborhood.

(`64 Code, Sec. 37-5.1.1)

(B) Permit required - The conduct of a home occupation requires the approval of a home occupation permit by the director, who may establish additional conditions to further the intent of the Oxnard coastal land use plan. An application for such permit shall be in a form prescribed by and filed with the development services department.

(`64 Code, Sec. 37-5.1.2)

(1) A home occupation shall not be permitted if the home occupation violates any section of this chapter.

(2) A home occupation shall not alter the appearance of the dwelling unit. No structural alterations shall be permitted within the dwelling unit to separate any area used for a home occupation from the dwelling space. No area used for a home occupation shall be subleased or rented to another person.

(3) No goods shall be sold or displayed on the premises.

(4) No signs are permitted for a home occupation.

(5) Advertising for a home occupation shall not identify the street address of the home occupation.

(6) A home occupation shall be conducted indoors and confined completely to one room within the dwelling, which room shall not occupy an area equivalent to more than 25% of the gross area of one floor of the dwelling.

(7) Use of a garage for home occupation purposes shall not interfere with the permanent maintenance of two parking spaces. No portion of any other accessory structure shall be used for home occupation purposes.

(8) Horticulture activities may be conducted outdoors within the rear one-third of the lot.

(9) A single vehicle no larger than a three-quarter ton truck may be used in connection with a home occupation.

(10) A home occupation shall not encroach into any required parking, yard or open space area.

(11) Parking for a vehicle used in connection with a home occupation shall be provided in addition to parking required for the residents.

(12) Activities conducted by and equipment or material used in a home occupation shall not change the fire safety or occupancy classifications of the premises or use utilities in amounts greater than normally provided for residential use.

(13) A home occupation shall not create or cause noise, dust, vibration, smell, smoke, glare, electrical interference or other hazards or nuisances.

(14) No employees other than residents of the dwelling shall be allowed in connection with a home occupation. Babysitters or domestic servants shall not be considered employees of a home occupation.

(15) No customers or clients of a home occupation shall call upon the premises, arriving either by vehicle or on foot.

(16) If a home occupation is conducted on rental property, the property owner's authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit.

(17) Where the person conducting a home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premise location.

(18) A home occupation shall not involve the use of material or mechanical equipment not recognized as part of normal household or hobby use.

(`64 Code, Sec. 37-5.1.3)

(D) Revocation - A home occupation permit may be revoked if the director finds that one or more of the following conditions exist:

(1) Any condition of the permit or any of the operating standards has been violated;

(2) The use has become detrimental to the public health or safety or constitutes a nuisance;

(3) The permit was fraudulently obtained;

(4) The use for which the permit was granted has ceased or was suspended for six or more successive calendar months; and

(5) The condition of the premises thereof in which the home occupation is conducted, has changed so that the use is no longer justified under the meaning and intent of this chapter.

(`64 Code, Sec. 37-5.1.5)

(Ord. No. 2034, 2716)

SEC. 17-56. TEMPORARY USE PERMITS.

(A) Purpose - The purpose of this section is to provide for short-term activities which may be appropriate when regulated so as to avoid incompatibility between such activities and surrounding uses. The provisions of this article shall apply only to temporary uses within the coastal zone.

(`64 Code, Sec. 37-5.2.1)

(B) Permitted uses - A temporary use permit may be issued by the director for the following uses, pursuant to chapter 16 of the code:

(1) Real estates sales offices within approved development projects;

(2) Christmas tree sales lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid city business license and do not continue for 30 consecutive days;

(3) Temporary outdoor display/sales of merchandise in any commercial zone, provided such merchandise is customarily sold on the premises, and that such premises are utilized for a permanently established business;

(4) Sale of other seasonal products, such as pumpkins, flowers and fruit;

(5) Circuses and carnivals;

(6) Fairs, festivals, rodeos, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities;

(7) On- and off-site contractors' construction yards;

(8) Similar temporary uses which, in the opinion of the director, are compatible with the zone and surrounding land uses; and

(9) Youth, charitable or nonprofit organization projects.

(`64 Code, Sec. 37-5.2.2)

(C) Required permits - A temporary use permit approved by the director shall be required for all uses listed in this section, issued prior to the commencement of the use. Applications for such permits shall be obtained from and filed with the development services department pursuant to article V. A permit shall not be required for events which occur in theaters, meeting halls or other permanent public assembly facilities. Temporary uses may be subject to additional permits, other departmental approvals and licenses and inspections as required by any applicable laws or regulations.

(`64 Code, Sec. 37-5.2.3)

(D) The development services director may approve a temporary use permit application only after making all of the following findings:

(1) The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

(2) The proposed site is adequate in size and shape to accommodate the temporary use;

(3) The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;

(4) Adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the director; and/or

(5) The use would not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.

(`64 Code, Sec. 37-5.2.4)

(E) Conditions of approval - In approving an application for a temporary use permit, the director may impose such conditions as are deemed necessary to ensure that the use will conform to the findings required by subsection (D) above. These conditions may address any pertinent factors affecting the operation of the temporary use, including but not limited to:

(1) Provision of temporary parking facilities, including vehicular access and egress;

(2) Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

(3) Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

(4) Provision of sanitary and medical facilities;

(5) Provision of solid waste collection and disposal;

(6) Provision of security and safety measures;

(7) Regulation of signs;

(8) Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

(9) Submission of a performance bond or other security to ensure that any temporary facilities or structures used for the temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

(10) Submission of a site plan indicating any information required by this chapter;

(11) A requirement for compliance with applicable provisions of other ordinances; and

(12) Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter.

(`64 Code, Sec. 37-5.2.5)

(F) Revocation - The director may revoke a temporary use permit on finding that one or more of the following conditions exists:

(1) Circumstances have changed to such a degree that one or more of the findings contained in subsection (D) above can no longer be made;

(2) The temporary use permit was fraudulently obtained; and/or

(3) One or more conditions of the temporary use permit have not been complied with.

(`64 Code, Sec. 37-5.2.6)

(Ord. No. 2034, 2716)

SEC. 17-57. COASTAL PERMIT PROCEDURES.

(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;

(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.

(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)

SEC. 17-58. HEARINGS AND APPEALS.

(A) Purpose - The purpose of this section is to provide minimum procedures for public hearings and to provide recourse if an applicant or interested party is aggrieved by any requirements, decision or determination made by the director, commission or city council in the administration or enforcement of this chapter, including final action taken on any application that is appealable to the coastal commission.

(`64 Code, Sec. 37-5.4.1)

(B) Applicability - The determination of whether a project is nonappealable or appealable for purposes of notice, hearing, and appeals procedures shall be made by the director at the time the application 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 zoning ordinances which are adopted as part of the coastal land use plan. Challenges to this determination shall be resolved pursuant to Cal. Code of Regulations, Title 14, Section 13569.

(`64 Code, Sec. 37-5.4.2)

(1) For exempt development or categorical exclusions, the director shall provide written notice of his/her determination to residents within 100 feet of the development and to persons known to be interested. The exemption or categorical exclusion shall not become effective until the director has reported his/her determination to the commission at its next regularly scheduled meeting.

(2) For emergency permits, the director shall provide public notice of the proposed emergency action with the extent and type of notice determined on the basis of the nature of the emergency, consistent with Cal. Code of Regulations, Title 14, Section 30624. Following issuance of an emergency coastal development permit, the director shall inform the council and the coastal commission, in writing, of the nature of the emergency and the work involved, and shall provide copies of this report to any person requesting a copy. Each emergency permit shall specify the time period in which a coastal permit shall be applied for to allow continuation of the emergency use or activity. This period shall not exceed three months.

(3) At least ten days prior to decision on the applications for development review permits or administrative modifications, the director shall provide notice of the pending development review by first class mail addressed to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the city's jurisdiction, and to all property owners within 300 feet of the perimeter of the parcel on which the development is proposed and to the coastal commission. The notice shall contain the following information:

(a) A statement that the development is within the coastal zone;

(b) The date of filing of the application and the name of the applicant;

(d) A description of the development and its proposed location;

(e) The date and time when, and the place at which, the application shall be heard by the city;

(f) A brief description of the general procedure of the city concerning the submission of public comments either in writing or orally prior to the city's decision; and

(g) A statement that a public comment period of sufficient time to allow for the submission of comments by mail, will be held prior to the city's decision.

(4) Review of applications for coastal development permits and variances shall be conducted by the commission with notice being given at least ten days prior to the scheduled public hearing in the following manner:

(a) Notice shall be published in a newspaper of general circulation;

(b) Notice by first class mail to any person who has filed a written request therefor;

(d) Notice by first class mail to the coastal commission;

(e) The notice shall contain the following information:

(i) A statement that the development is within the coastal zone;

(ii) The name of the applicant;

(iii) The case number assigned to the application;

(iv) A description of the development and its proposed location; and

(v) The date and time when, and the place at which the application shall be heard by the city.

(f) A brief description of the general procedure of the city concerning the conduct of public hearings; and

(g) The system for city and coastal commission appeals including any fees required.

(5) The Commission shall hear applications for hearings on land use plans, zoning maps, and zoning ordinance amendments and make a recommendation for final determination by the city council.

(a) Notice of each public hearing shall be given at least ten days prior to each hearing in the same manner as prescribed for coastal development permits, except, in the event that the number of owners to whom notice would be sent is greater than 1,000, the city may provide notice by placing a one-quarter page display advertisement in a newspaper of general circulation published and circulated in the city. The notice shall contain the same information as prescribed for coastal development permits.

(b) The commission's recommendation shall be made by resolution carried by the affirmative vote of a majority of its total voting members. The resolution shall be accompanied by a statement outlining the commission's reasons and required findings for such recommendation. Within 40 days of receipt of the recommendation of the commission, the city council shall hold a public hearing on the matter after giving notice of the time and place of the hearing with the city council shall be given in the same manner provided for notice of the hearing by the commission. The city shall assure the availability of documents related to the noticed item for public review prior to the scheduled public hearing. The city council may approve, modify or disapprove the recommendation of the commission. Any modification desired by the city council shall first be referred back to the commission for a report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within 40 days of the referral or such longer period as may be designated by the city council shall be deemed to be a recommendation for approval of the proposed modification.

(`64 Code, Sec. 37-5.4.3)

(D) Notice of continued public hearing - If a decision on a coastal permit is continued to a time which has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the same manner and within the same time limits as outlined in subsection (C) above.

(`64 Code, Sec. 37-5.4.4)

(E) Notice of final action - Within ten days of a city decision on any permit application, the city shall provide notice of its action by first class mail to the applicant, the coastal commission and any persons who specifically requested notice of such final action by submitting a self-addressed stamped envelope to the city. Such notice shall include conditions of approval and written findings and the procedures for appeal to the coastal commission. Any amendment to the Oxnard coastal land use plan shall not take effect until the amendment has been certified by the coastal commission. Therefore, any approval by the city of an amendment to the coastal land use plan, zoning map, or zoning text shall be submitted to the coastal commission within 14 working days of the final approval by the city council in accordance with Cal. Code of Regulations, Title 14, Sections 30512 and 30513.

(`64 Code, Sec. 37-5.4.5)

(F) Finality of decision - A city decision on any application subject to this article shall be deemed final when:

(1) The city's decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposal is or is not in conformity with the certified Oxnard coastal land use plan and, where applicable, the public access and recreation policies of Chapter 3 of the Coastal Act.

(2) All rights of appeal to city appellate bodies, as established in subsections (G) and (H) below have been exhausted, as defined in Cal. Code of Regulations, Title 14, Section 13573.

(`64 Code, Sec. 37-5.4.6)

(G) Effective date of finality of decision - The city's final decision on an application for an appealable development shall become effective after the ten working day period for appeal to the coastal commission has expired or after the twenty-first calendar day following the final city action, unless any of the following occur:

(1) An appeal is filed with the coastal commission in accordance with Cal. Code of Regulations, Title 14, Section 13111;

(2) The notice of final city action is not received in the coastal commission office and/or is not consistent with the provisions of subsection (E) above or distributed to interested parties in time to allow for a ten working day appeal period within the 21 days after the city decision. Where any of the circumstances outlined above occur, the coastal commission shall, within five working days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city action has been suspended.

(`64 Code, Sec. 37-5.4.7)

(H) Appeals - The purpose of this section is to provide procedures for appeals to the commission and city council and to establish criteria for developments that may be appealed to the coastal commission.

(`64 Code, Sec. 37-5.4.8)

(I) Appeal of decisions of the director to the commission -

(1) The decision of the director on the issuance, revocation or modification of any coastal permit may be appealed to the commission by the applicant or any aggrieved person. The appeal application must be filed with the secretary of the commission within ten working days following notice of the decision of the director to the applicant.

(2) The appellant shall state specifically in the appeal in what respects the decision of the director is not in accordance with the purposes of this chapter, is inconsistent with the Oxnard coastal land use plan, or is based on an error or abuse of discretion by the director.

(3) Prior to the hearing on the appeal, the director shall transmit to the commission copies of the permit application, including all maps, data and a statement setting forth the reasons for the director's decision.

(4) The commission shall affirm, reverse or modify the decision of the director at a public hearing. Notice of the time and place of the public hearing shall be given in the manner prescribed in this chapter for coastal development permits. Notice shall also be mailed to the appellant.

(5) The decisions of the commission on appeals of the director's actions shall be final.

(`64 Code, Sec. 37-5.4.9)

(J) Appeal of decisions of the commission to the city council -

(1) The decision of the commission on permits which were initially heard by the commission may be appealed to the city council by the applicant, an aggrieved person or any member of the city council. The appeal must be filed with the city clerk within ten working days of the date of the commission's decision.

(2) The appellant shall state specifically in the appeal in what respects the decision of the commission is not in accordance with the purposes of this chapter, is inconsistent with the Oxnard coastal land use plan or is based on an error or an abuse of discretion by the commission.

(3) Prior to the hearing on the appeal, the city clerk shall notify the commission that an appeal has been filed, after which the commission shall transmit to the city council copies of the application, including all maps, data, and a statement of findings setting forth the reasons for the commission's decision.

(4) The city council shall affirm, reverse, or modify the decision of the commission at a regular public hearing. Notice of the time and place of the public hearing shall be given in a manner prescribed in this article for coastal development permits. Notice shall also be mailed to the appellant.

(5) The decision of the city council on appeals of the commission's action shall be final.

(`64 Code, Sec. 37-5.4.10)

(K) Appeals to the coastal commission -

(1) Pursuant to Cal. Code of Regulations, Title 14, Section 30603(a), appeal of an action by the city council on an “appealable” development may be filed with the coastal commission within ten working days of the decision of the city council by the applicant, an aggrieved person or any two members of the coastal commission.

(2) Only the following coastal permit applications are appealable to the coastal commission after local appeals are exhausted:

(a) Developments approved by the city between the sea and the first public road paralleling the sea within 300 feet of an inland extent of any beach, or of the mean high tide line of the sea where there is no beach, whichever is the greater distance as indicated on the official city appeal zone maps on file with the development services department; and

(b) Developments approved by the city not included within subsection (a) above, located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of any top of the seaward face of any coastal bluff, as indicated on the official city appeal zone map or as determined by State Lands Commission.

(3) Grounds of appeal.

(a) The grounds of appeal for any permit application appealable under subsection (K)(2)(a) above shall be limited to one or more of the following:

(i) The development fails to provide adequate physical access or public or private commercial use or interferes with such uses;

(ii) The development fails to protect public views from any public road or recreation area to and along the coast;

(iii) The development is not compatible with the established physical scale of the area;

(iv) The development may significantly alter existing natural land forms; and

(v) The development does not comply with shoreline erosion and geologic setback requirements.

(b) The grounds of appeal for any permit application appealable under subsections (K)(2)(b) or (c) above shall be limited to whether the proposed development is in conformity with the Oxnard certified coastal program.

(`64 Code, Sec. 37-5.4.11)

(L) Exhaustion of city appeals - Pursuant to Cal. Code of Regulations, Title 14, Section 13573, an appellant shall be deemed to have exhausted local appeals for purposes of Cal. Code of Regulations, Title 14, Section 13111 and shall be qualified as an aggrieved person where the applicant has pursued his/her appeal to the city appellate body as required by city appeal procedures.

(`64 Code, Sec. 37-5.4.12)

(Ord. No. 2716)

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