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(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)
(A) Purpose - The purpose of this section is to prescribe the process for filing applications for permits, amendments and approvals when required by this chapter.
(`64 Code, Sec. 37-5.7.1)
(B) Filing - Application for permits, amendments, and approvals shall be filed with the development services department on an application form prescribed by the development services department, together with all required plans, maps, and such other materials as are required by the development services department. Applications shall be filed and processed as described in section 17-4 and sections 17-30 through 17-41 of this chapter. Application shall be signed by the owners of the property for which the permit is sought or by an authorized agent or an owner in escrow with written authorization of the legal owner. The lessee of a parcel of land upon which a permit is sought may file an application that is accompanied by written authorization of such filing by the owner of such property. In addition, prior to issuance of a coastal development permit or variance, the legal applicant shall demonstrate the authority to comply with all conditions of approval.
(`64 Code, Sec. 37-5.7.2)
(C) Fees - The city council shall by resolution establish a schedule of fees for permits, approvals and other matters arising under this chapter. The schedule of fees may be changed or modified only by resolution of the city council. Until all applicable fees have been paid in full, no action shall be taken on any application, appeal, or other matter arising under this chapter.
(`64 Code, Sec. 37-5.7.3)
(Ord. No. 2716)
ARTICLE VI. TRANSFER OF DEVELOPMENT RIGHTS
(A) The purpose of this article is to provide a procedure to preserve significant resource areas within the city, maximum public access and recreation at and near the ocean, and control development in potentially hazardous areas by the transfer of development rights from properties in such areas to qualified properties in other parts of the city.
(B) The transfer of development rights is found to be a reasonable approach to achieve such purposes for the following reasons:
(1) A transfer of development rights system was determined to be feasible in a study entitled “Oxnard Shores Restoration Program Project Feasibility Report,” dated July 18, 1983, and the city council concurs in such determination; and
(2) The transfer of development rights program has been incorporated into the Oxnard Shores, beach and development plan and is consistent with the general plan and local coastal program; and
(3) The transfer of development rights program will assist the city in implementing its responsibilities under the local coastal program; and
(4) The authority to establish a transfer of development rights program is within the scope of the police power granted by Article XI, Section 7 of the State Constitution.
(`64 Code, Sec. 37-6.1.0) (Ord. No. 2006, 2716)
For purposes of this article, the following words shall have the following meanings:
(A) DEVELOPMENT RIGHTS - The potential value of development on a parcel of real property, measured in dwelling units or units of commercial or industrial space. This chapter does not create any such potential that does not otherwise exist.
(B) SENDING AREA -
(1) An area designated as a sensitive resource area;
(2) An area containing potential development hazards in the city's adopted coastal land use plan; or
(3) Other areas designated by the city council from which development rights may be transferred.
(C) SENDING PARCEL OR SITE - A parcel or site located in a sending area.
(D) RECEIVING AREA - An area designated as appropriate for development beyond its base density through the transfer of development rights.
(E) RECEIVING PARCEL OR SITE - A parcel or site located in a receiving area.
(F) BASE DENSITY - The number of dwelling units or units of commercial or industrial space permitted by the zoning classification of a parcel in a receiving area without the use of transfer of development rights or other density bonuses.
(G) TRANSFER UNITS - The additional units of dwellings, commercial space or industrial space allowed on a receiving parcel over base density through the use of transferable development rights.
(H) CONSERVATION EASEMENT - As broadly defined in the California Conservation Easements Act of 1979 (Cal. Civil Code, Section 815-816), any restriction on real property imposed for conservation purposes and binding on future owners of the restricted land.
(I) OPEN SPACE EASEMENT - As broadly defined in Cal. Gov't Code, Sections 51070 through 51097, a restriction on real property which will preserve for public use or enjoyment the natural or scenic character of open space land.
(J) EXCHANGE RATE - The number of transfer units that can be built upon an acre of receiving area by extinguishing all of the transferable development right on one sending parcel.
(`64 Code, Sec. 37-6.2.0) (Ord. No. 2006, 2716)
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