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)

   (C)   Operating standards -

      (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;

         (c)   To allow an increase not exceeding ten percent in maximum lot coverage regulations; and

         (d)   To allow decreases of not more than ten percent of any development standard related to on-site improvements, excluding public access, imposed in a coastal development permit.

      (8)   Coastal land use plan, zoning map and text amendments - A procedure for amending Oxnard's certified local coastal program, which consists of a land use plan, land use and zoning maps, zoning and other ordinances, and special programs pursuant to Cal. Pub. Res. Code, Section 30514.

(`64 Code, Sec. 37-5.3.2)

   (C)   Application procedures - The following section outlines the procedures required to process the aforementioned eight categories of review. In all instances an application for each of the categories shall be filed pursuant to section 17-61.

      (1)   Exempt development - The director shall determine whether a development is exempt at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified Oxnard coastal land use plan, including any maps, categorical exclusions, land use designations and the original permit and appeals jurisdiction map adopted by the coastal commission. The following procedure shall be used to determine the appropriate designation for the development:

         (a)   The director shall determine what type of development is proposed and shall inform the applicant of the determination. The director shall provide written notice of the determination to residents within 100 feet of the development and to persons known to be interested. An exemption shall not become effective until the director has reported the determination to the commission at its next regularly scheduled meeting.

         (b)   If the determination of the director is challenged by any person or if the director wishes to have a commission determination as to the appropriate designation, the director shall schedule the item before the commission at the next available public hearing.

         (c)   If the determination of the commission is challenged by the applicant or an interested person, or if the city wishes to have a coastal commission determination as to the appropriate designation, the city shall contact the coastal commission by telephone and request an executive director's opinion.

         (d)   The executive director shall, within two working days of the city's request, or upon completion of a site inspection where such inspection is warranted, transmit a determination as to whether the development is exempt. Where, after the executive director's investigation, the executive director's determination is not in accordance with the city determination, the coastal commission shall hold a hearing for purposes of determining the appropriate designation for the area. The coastal commission shall schedule the hearing on the determination for the next commission meeting (in the appropriate geographic region of the State) following the city request.

         (e)   The city shall maintain a record of all permits issued for exemptions which shall be made available to the coastal commission or any interested person upon request and may be in the form of any record of permits issued currently maintained by the city, provided that such record includes the applicant's name, an indication that the project is located in the coastal zone, the location of the project and a brief description of the project.

      (2)   Categorical exclusions - All of the procedures outlined for exemption shall apply to categorical exclusions, consistent with Cal. Pub. Res. Code, Section 30610 and Cal. Code of Regulations, Title 14, Sections 13240 through 13244.

      (3)   Emergency permits -

         (a)   Investigation - Upon receipt of an application for an emergency permit, the director shall verify the facts including the existence and the nature of the emergency to assure the emergency is a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public service. Applications for an emergency permit shall be made by letter to the director, or in person, or by telephone if time does not allow for written or personal application. The following information shall be provided to the director at the time of the request:

            (i)   Nature of the emergency;

            (ii)   Cause of the emergency, insofar as this can be established;

            (iii)   Location of the emergency;

            (iv)   The remedial, protective, or preventative work required to deal with emergency; and

            (v)   The circumstances during the emergency that appeared to justify the cause of action proposed to be taken, including the probable consequences of failing to take action.

         (b)   Findings - Based upon information in the public record, the director may approve and/or modify an emergency permit application, in whole or in part, with or without conditions only if all the following findings of fact are made:

            (i)   An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work will be completed within 30 days unless otherwise specified by the terms of the permit.

            (ii)   Public comment on the proposed emergency action has been reviewed if time allows.

            (iii)   The work proposed will be consistent with policies of the certified Oxnard coastal land use plan. Each emergency permit shall specify the time period in which a coastal permit shall be applied for to allow continuation of the emergency related use or activity.

      (4)   Development review permits -

         (a)   Investigation - The purpose of investigating a development review permit application is to allow the development services department to evaluate new construction projects for uses allowed by right within their respective sub-zones which because of the type, scale or location of the development requires comprehensive review. Investigation will provide facts to assure that, with appropriate conditions, new or modified uses will harmonize with existing or potential development in the surrounding neighborhood; avoid excessive similarity or dissimilarity in the appearance of buildings; and ensure the health, safety, and welfare of the general public.

         (b)   Findings - Based upon information in the public record, the director may approve or modify a development review permit application in whole or in part with or without conditions after making all of the following findings of fact:

            (i)   The proposed use is permitted within the subject sub-zone and complies with all of the applicable provisions of this chapter.

            (ii)   The proposed use would not impair the integrity and character of the subject sub-zone.

            (iii)   The subject site would be physically suitable for the land use being proposed and the proposed use will protect and maintain coastal resources including environmentally sensitive areas, adjacent to the project site. The proposed use would be consistent with all policies of the Oxnard coastal land use plan.

         (c)   If the director does not make the foregoing findings, the director shall deny the application for a development review permit.

      (5)   Coastal development permit -

         (a)   Investigation - Upon submittal of a complete application, the development services department shall evaluate the proposal and prepare a comprehensive report containing all pertinent facts, a list of proposed findings, and a recommendation supported with conditions where appropriate for submittal to the commission.

         (b)   Findings - Based upon information in the public record, the commission may approve or modify a coastal development permit application, in whole or in part, with or without conditions, only after making all of the following findings:

            (i)   The proposed used is conditionally permitted within the subject sub-zone and complies with all of the applicable provisions of this chapter.

            (ii)   The proposed use would not impair the integrity and character of the subject sub-zone.

            (iii)   The location and intensity of use of the subject site would be physically suitable and would protect and maintain adjacent coastal resources.

            (iv)   The proposed use would be compatible with the land uses presently on the subject site.

            (v)   The proposed use would be compatible with existing and future land uses within the sub-zone and the general area in which the proposed use would be located.

            (vi)   There are adequate public services for the proposed use, including, but not limited to, fire and police protection, water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

            (vii)   The proposed use will provide a type and level of public access consistent with the access policies and standards of the certified Oxnard coastal land use plan.

            (viii)   The proposed use would be appropriate in light of an established need, based upon the underlying goals and objectives of specific Oxnard coastal land use plan policies, applicable to the proposed location.

            (ix)   The proposed use would be consistent with all of the applicable policies of the certified Oxnard coastal land use plan.

      (6)   Variances -

         (a)   Investigation - Investigation shall be conducted in accordance with that specified for coastal development permits.

         (b)   Findings - Based upon information in the public record, the commission may approve and/or modify a variance application in whole or in part, with or without conditions, only after making all of the following findings:

            (i)   Strict interpretation and enforcement of the specified regulation deprives the subject property of privileges enjoyed by other property in the vicinity and under the identical coastal sub-zone;

            (ii)   There are exceptional or extraordinary circumstances or conditions applicable to the subject property involved that do not apply to other property in the vicinity and under the identical coastal sub-zone;

            (iii)   Strict interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other property in the vicinity and under the identical coastal sub-zone;

            (iv)   The granting of the variance would not be detrimental to the protection and maintenance of adjacent resources or to public health, safety or welfare, or materially injurious to property or improvements in the vicinity;

            (v)   The variance would not adversely affect access to or along the shoreline, including the physical and visual qualities of access;

            (vi)   The variance would not allow a use or activity not expressly authorized in the sub-zone applicable to the subject property; and

            (vii)   The proposed variance would be consistent with all applicable policies of the certified Oxnard coastal land use plan.

      (7)   Administrative modification -

         (a)   Investigation - Upon submittal of a complete application for minor adjustments to specific development standards or conditions of approval of coastal permits, the department shall evaluate the proposal, consistent with the procedures for a development review permit.

         (b)   Findings - Based upon information in the public record, the director may approve or modify an application for administrative modification in whole or in part after making all the findings of fact required to approve a coastal development review permit.

         (c)   Denial - If the director does not make such findings, the director shall deny the application.

      (8)   Coastal land use plan, zoning map, and zoning ordinance amendments -

         (a)   Initiation - Amendments to the certified coastal land use plan may be initiated only in the following manner:

            (i)   A resolution of intention of the commission;

            (ii)   A resolution of intention of the city council; or

            (iii)   An application from any other person or agency pursuant to section 17-61.

         (b)   Investigation - Upon submittal of a complete application or proper initiation, the development services department shall evaluate the proposal and prepare a comprehensive report consistent with the procedures outlined for coastal development permits, and those originally followed in the preparation of the Oxnard coastal land use plan.

         (c)   Findings - Following a public hearing on the application for amendment, the commission and city council shall record their recommendation and decision, respectively, in writing and shall recite therein the findings of fact upon which the recommendation or decision is based. The commission and city council may recommend approval or modification or may approve or modify the application for amendment in whole or in part only after making all of the following findings:

            (i)   The proposed amendment to a zoning map or ordinance would be consistent with the current certified coastal land use plan or said coastal land use plan shall be amended concurrently in order to maintain consistency pursuant to the coastal act.

             (ii)   The application for amendment has been processed in accordance with procedures required by section 17-58.

            (iii)   Cumulative amendments or changes shall maintain or enhance the coastal resources as identified and protected in the originally certified coastal land use plan.

            (iv)   The proposed land use plan, zoning map designation or zoning ordinance amendment would be appropriate in light of an established need for the requested amendment at the time and location anticipated by said amendment.

            (v)   The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.

            (vi)   The proposed amendment maintains or enhances the provisions for public access within the coastal zone.

         (d)   Number of amendments permitted - Amendments to the coastal land use plan, including changes in land use and designations and zoning and plan text amendments, shall be considered and permitted no more than three times per calendar year. The development services department shall establish a schedule and procedures for such amendments.

         (e)   The proposed amendment shall not take effect until certified by the coastal commission.

(`64 Code, Sec. 37-5.3.3)

   (D)   Reapplication conference - A prospective applicant or agent may request a preapplication conference with the director or staff member prior to formal submittal of an application for a coastal permit. At such conference, the designated planner shall acquaint the property owner with the Oxnard coastal land use plan and requirements applicable to the subject property. If review of a sketch plan provided by the applicant reveals deficiencies, the designated planner shall suggest revisions that should be made before submitting an application. The designated planner shall exercise discretion in granting requests for such conferences so as not to impinge upon other staff duties. A fee for such conferences may be required.

(`64 Code, Sec. 37-5.3.4)

   (E)   Use of property before final decision - No building permit shall be issued for any building or use involved in an application or approval of any development permit required herein until and unless the same has become final, pursuant to section 17-58.

(`64 Code, Sec. 37-5.3.5)

   (F)   Notice after city fails to act -

      (1)   Notification by applicant - If the city has failed to act on an application within the time limits set forth in Cal. Gov't Code, Sections 65950 through 65957.1, thereby approving development by operation of law, the person claiming a right to proceed pursuant to Cal. Gov't Code, Sections 65950 through 65957.1 shall notify, in writing, the city and the coastal commission of his/her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

      (2)   Notification by the city - When the city or a court of law determines that the time limits established pursuant to Cal. Gov't Code, Sections 65950 through 65957.1 have expired, the city shall, within seven working days of such determination, notify the coastal commission and any person entitled to receive notice pursuant to Cal. Code of Regulations, Title 14, Section 13571(a), that the application has been approved by operation of law, and, where applicable, that the application may be appealed to the coastal commission, pursuant to Cal. Code of Regulations, Title 14, Section 13110. The appeal period for a project approved by operation of law shall begin to run only upon receipt of the notice in the coastal commission office.

(`64 Code, Sec. 37-5.3.6)

   (G)   Expiration - A coastal permit, excluding an emergency permit, shall expire 24 months from the date of issuance if the use, building, or structure for which the permit has been issued has not been established or commenced or for a length of time equal to the time limits provided for a concurrently approved land division, pursuant to Cal. Gov't Code, Section 66463.5 (State Subdivision Map Act). Each permit shall contain a statement that any request for an extension of time to establish said use shall be applied for prior to the expiration of the permit, and shall be limited to a maximum of 12 additional months for any one application.

(`64 Code, Sec. 37-5.3.7)

   (H)   Compliance with conditions of approval - To assure continued compliance with the provisions of this section, a coastal permit may be conditioned to establish a specific time limit for operation at the end of which time the approved use shall be subject to review by the commission.

(`64 Code, Sec. 37-5.3.8)

   (I)   Permit amendment - A permittee may submit an application for an amendment to a permit. An action on the application shall be accomplished in the same manner as specified by this chapter for initial approval.

(`64 Code, Sec. 37-5.3.9)

   (J)   Reapplication - No new application for any permit or variance shall be accepted or acted upon within one year of a denial by the commission or the city council of a similar application covering substantially the same real property and requesting approval of substantially the same project unless the commission or the city council permits such reapplication after finding that one or more of the following applies:

      (1)   New evidence material to the denial will be presented that was unavailable or unknown to the applicant at the previous hearings and which the applicant could not have been discovered in the exercise of reasonable diligence;

      (2)   There has been a substantial and permanent change of circumstances since the previous hearings, which materially affect the applicant's real property; and/or

      (3)   A mistake in fact or law was made at the previous hearings which was a material factor in the denial of the previous application.

(`64 Code, Sec. 37-5.3.10)

   (K)   Revocation - The commission on its own motion or on direction of the city council shall hold a public hearing concerning revocation of a permit granted under or pursuant to this chapter. Notice of such hearing shall be published once in a newspaper of general circulation within the city and shall be served in writing either in person or by registered mail on the owner and operator of the property for which such permit was granted at least ten days prior to such public hearing. A permit may be revoked if the commission finds that one or more of the following conditions exist:

      (1)   Circumstances have changed to such a degree that one or more of the original findings of fact adopted by the approving authority can no longer be made;

      (2)   The permit was obtained in a fraudulent manner;

      (3)   The use for which the permit was granted had ceased or was suspended for six or more successive calendar months;

      (4)   One or more of the conditions of the permit have not been complied with; and/or

      (5)   The use for which the permit was granted has been so exercised as to be detrimental to the public health, safety, or as to constitute a nuisance.

(`64 Code, Sec. 37-5.3.11)

(Ord. No. 2034, 2716)

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)

   (C)   Hearing and notice requirements - Specific requirements for hearing and notice for each permit category as follows:

      (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;

         (c)   The case number assigned to the application;

         (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;

         (c)   Notice by first class mail to property owners within 300 feet and residents within 100 feet of the proposed project;

         (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.

         (c)   Any development which constitutes a major public works project or a major energy facility.

      (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)

SEC. 17-59. INTERPRETATION OF CHAPTER.

   (A)   Purpose. The purpose of this section is to facilitate interpretation of the provisions of this chapter by clarifying terms used in this chapter.

(`64 Code, Sec. 37-5.5.1)

   (B)   Construction. When used in this chapter, the words "shall," "will," and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. Present tense includes the past and future tenses, and the future tense includes the past. The singular number includes the plural and the plural the singular.

(`64 Code, Sec. 37-5.5.2)

   (C)   Time of day. Whenever a certain hour or time of day is specified in this chapter or any permit, condition of approval, or notice issued or given as set forth in this chapter, such hour shall be standard time or daylight savings time whichever is in current use in the city.

(`64 Code, Sec. 37-5.5.3)

   (D)   Number of days. Whenever a number of days is specified in this chapter or any permit, condition of approval, or notice issued or given as set forth in this chapter, such number of days shall be deemed to be consecutive days.

(`64 Code, Sec. 37-5.5.4)

   (E)   Rounding of quantities. Whenever this chapter requires consideration of distances, parking spaces or other aspects of development, or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more and to the next lowest whole number when the fraction is less than 0.5 except as otherwise noted in this chapter. In the case of the number of dwelling units, the numerical quantities which are fractions of whole numbers shall be rounded to the next lowest whole number in all such instances.

(`64 Code, Sec. 37-5.5.5)

(Ord. No. 2716)

SEC. 17-60. ENFORCEMENT OF PROVISIONS.

   (A)   Purpose - The purpose of this section is to provide for enforcement of the provisions of this chapter. Any permits granted by the city shall be monitored to ensure compliance with any conditions of approval, to promote the city's planning efforts, to protect the public health, safety and welfare of the community, and ensure full compliance with the policies and standards of the certified Oxnard coastal land use plan.

(`64 Code, Sec. 37-5.6.1)

   (B)   Responsibility - The development services department shall be responsible for monitoring and enforcing conditions and standards imposed on all land use permits granted by the city as outlined in this chapter. Any use which is established, operated, erected, moved, altered, enlarged or maintained, contrary to the provisions of this chapter is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in chapters 1 and 16 of the city code, or revocation procedures initiated pursuant to the following sections of this chapter:

      (1)   Section 17-55, home occupations;

      (2)   Section 17-56, temporary use permits; and

      (3)   Section 17-57, coastal permit procedures.

(`64 Code, Sec. 37-5.6.2)

(Ord. No. 2034, 2716)