Loading...
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSOCIATED WITH A PROPOSAL FOR URBAN DEVELOPMENT. Shall apply to any land area for which an application for an entitlement, other than for a zone clearance, has been filed with and is pending consideration by the city or land zoned for further development. If such entitlement has been approved but the related project or applicable phase thereof has not been completed, the city shall attempt to work with the applicant to save as many trees which are protected by this subchapter as possible.
DIAMETER. That area equal to the full breadth of the tree measured on the tree's trunk at four and one half feet from its basal root crown. Limb diameter is measured at the trunk.
DIRECTOR. In a matter involving private property, means the Planning Director. DIRECTOR, in a matter involving public property or property to be dedicated for public use, means the Director of Public Works.
DRIPLINE. The outermost edge of the tree's canopy. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.
HERITAGE OR HISTORIC TREE. A living tree designated by resolution of the City Council following a public hearing as a heritage or historic tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, rareness, condition, aesthetic or unusual qualities that add to the heritage of the community.
LOT. An area of land created or established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a final map or parcel map.
MATURE TREE. Any other (non-oak or sycamore) single-trunked tree species equal to or greater than 12 inches in diameter as measured four and one-half feet above the root crown, or, in the case of a tree with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than 14½ inches as measured four and one-half feet above the root crown. MATURE TREE shall apply to trees on public property or associated with a proposal for urban development or on land zoned for further development, but shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal transplanting of a tree pursuant to the operation of a licensed nursery business.
NATIVE OAK TREE. A living tree of the genus Quercus and species lobata, agrifolia, dumosa or hybrids thereof.
OAK TREE (OR HYBRIDS THEREOF). Any single-trunked living tree of the Quercus genus and species lobata, agrifolia, dumosa, equal to or greater than five and one-half inches in diameter as measured four and one-half feet above the root crown, or, in the case of an oak with more than one trunk, any such tree for which the sum of its two largest trunks equals or is greater than seven and one-half inches as measured four and one-half feet above the root crown. OAK TREE shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.
PRUNING AND/OR TRIMMING. The cutting of any limb or branch.
ROOT CROWN. That portion of a tree trunk from which roots extend laterally into the ground.
SYCAMORE TREE. Any tree of the Platanus genus equal to or greater than 25 inches in circum- ference as measured four and one-half feet above the root crown, or, in the case of a sycamore with more than one trunk, any such tree with a circumference of any two trunks of at least 32 inches as measured four and one-half feet above the root crown. SYCAMORE TREE shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.
('81 Code, § 17.56.040) (Ord. 954, passed - -92)
The appropriate reviewing department(s) shall give priority to inspection of those requests based upon hazardous conditions, and may refer any request to the appropriate committee/commission for determination.
(A) Permit required. No native oak and sycamore tree, heritage or historic tree, where that tree is on public or private property, or any other mature tree on public property except as provided for in division (B) of this section, or is associated with a proposal for urban development, shall be removed, cut down or otherwise destroyed, unless a tree removal permit has been issued by the city. The Planning Director shall establish the format and information required for a tree removal permit consistent with this subchapter. In no event shall a permit be denied if to do so would eliminate all reasonable economic use of the property.
(B) Single parcel review requirement. Permits for removal of native oak and sycamore trees, heritage or historic trees, and other mature trees on any single parcel shall be required from the appropriate committee/commission or director or designee.
(C) Site inspection. Prior to the issuance of such permit, the appropriate director, or designee, shall inspect the premises involved and shall designate the tree(s) to be removed or moved. Failure to provide access to the premises shall be grounds for denial of the permit.
(D) Project approval required. No tree removal permit shall be issued for the removal of any tree on any lot associated with a proposal for urban development unless the project has been approved by the city or unless the Director of Planning, or his or her designee, determines that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure or interference with utility services.
(E) Removal not associated with a proposal for urban development. Where tree(s) are proposed for removal that are not associated with a proposal for urban development, the Director, or designee, may condition a tree removal permit upon the replacement of certain tree(s). Any applicant for a tree removal permit shall not be required to expend more on the replacement tree(s) than the appraised value of the tree(s) for which a permit is required. An appraisal shall be done in accordance with the adopted procedures for implementation of the tree ordinance.
(F) Removal associated with a proposal for urban development. Where tree(s) are proposed for removal that are associated with a proposal for urban development, the Director, or his or her designee, shall cause an appraisal of the value of said tree(s) to be prepared in accordance with the adopted procedures. The resulting value shall be applied to upgrading the size of tree plantings associated with the project. Trees for which no tree report has been required pursuant to the guidelines for reports on native oak, sycamore, heritage, historic and mature trees associated with proposals for urban development (a) and (b) of the procedures for implementation shall not be subject to appraisal or replacement by value.
(G) Tree replacement waiver. In no case shall an applicant for a tree removal permit be required to replace or otherwise pay for the value of any tree which:
(1) The city has directed the applicant to remove so that a public street may be constructed along an alignment determined or approved by the City Engineer or adequate line-of-sight distance may be achieved in order to assure public safety; or
(2) Removal was necessitated due to the poor health of the tree.
('81 Code, § 17.56.050) (Ord. 954, passed - -92) Penalty, see § 156.999
The following are exempt from the provisions of this subchapter:
(A) Emergency situation. Cases of emergency where the Planning Director or designee or any member of a law enforcement agency or the Fire Department, in the performance of his or her duties, determines that a tree poses an imminent threat to the public safety or general welfare. If conditions and circumstances permit, the public official shall consult with the Public Works Director, or designee, prior to ordering the removal of any mature tree.
(B) City Engineer. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the City Traffic Engineer.
(C) Public improvement damage. Removal of trees from within public right-of-way, which in the opinion of the Director of Public Works, or his or her designee, will cause serious damage to existing public improvements.
(D) Public utility. A public utility, regulated by the California Public Utilities Commission, is exempt from the requirements of this subchapter.
(E) Trees for sale. Trees planted, grown or held for sale by a private individual or nursery.
(F) Pruning and trimming. Pruning or trimming which does not endanger the life of the tree.
('81 Code, § 17.56.060) (Ord. 954, passed - -92)
No person shall injure, deface or scar any native oak, sycamore, heritage or historic tree, or other mature trees.
('81 Code, § 17.56.070) (Ord. 954, passed - -92) Penalty, see § 156.999
The City Council may, from time to time, by resolution, issue procedures to provide for the administration and implementation of this subchapter, including the establishment of fees to provide for processing of applications. The city shall have the right to review, approve conditionally, or deny any application submitted to it under the procedures contained herein or established by resolution of the City Council.
('81 Code, § 17.56.080) (Ord. 954, passed - -92)
Decisions relating to proposals for urban development and single parcels which are made by the Planning Director may be appealed to the Planning Commission. Decisions regarding trees on public property which are made by the Public Works Director may be appealed to the City Council.
('81 Code, § 17.56.100) (Ord. 954, passed - -92)
Nothing in this subchapter shall be deemed to impose any liability or duty upon the city or upon any of its officers, employees or agents, nor to relieve the owner and occupant of any private property from the duty to keep native oak and sycamore trees, heritage or historic trees, or other mature trees upon such property or under his control, in a safe condition.
('81 Code, § 17.56.110) (Ord. 954, passed - -92)
ADULT ENTERTAINMENT ESTABLISHMENTS
(A) The City Council has reviewed land use studies concerning the secondary effects of adult-oriented businesses in other cities including, but not limited to: Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Beaumont, Texas (1982); Tucson, Arizona (1990); and Whittier, California (1987).
(B) The Council finds that the secondary effects of adult businesses include, among other things, an increase in crime, a decrease in property values and retail trade, unlawful sexual activities including prostitution and pandering, exposing minors to harmful materials, possession and distribution of obscene materials, child pornography, possession and sale of controlled substances, and violent crimes against persons and property.
(C) The purpose of this subchapter is to promote the health, safety, and general welfare of the citizens of the city by regulating adult businesses, by specifying appropriate locations for such businesses, and by requiring the separation of such businesses by a minimum distance, thereby reducing or eliminating the adverse secondary effects of such businesses. The purpose of this subchapter is not to limit or restrict the content of any communicative materials, including sexually oriented materials, to restrict or deny access by adults to sexually oriented materials protected by the United States or California Constitutions, or to deny access by distributors and exhibitors of sexually oriented materials and entertainment to their intended market. The purpose of this subchapter is not to condone or legitimize the distribution of obscene material.
(D) It is further the intent of the City Council that adult businesses shall exhibit the same high standards of site planning, architecture, landscape, and exterior design required of all commercial or industrial developments, while minimizing general public view of sexually explicit adult-oriented materials or activities, particularly as such materials or activities might cause harm or offense to “captive viewers” of such materials or activities, i.e., passersby or other visitors to the area who are not customers of an adult business and would not choose to be exposed to such materials or activities.
(Ord. 987, passed 6-19-95)
Cross-reference:
Business license taxes, see Ch. 110
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT. A person who is at least 18 years old.
ADULT BUSINESS. Those businesses defined as follows:
(1)
ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machine, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions charac-terized by the depiction of specified anatomical areas or specified sexual activities.
(2)
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. An establishment that has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its advertising to the sale, rental or viewing for any form of considera-tion, books, magazines, periodicals or other printed matter, or photographs, films motion pictures, video cassettes, slides or other visual representations characterized by the depiction or description of specified anatomical areas or specified sexual activities, or instruments, devices or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use.
(3)
ADULT CABARET. A nightclub, bar, restaurant, “bottle club,” or similar public or private establishment, whether or not alcoholic beverages are served, that regularly features persons who appear nude; live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities; or films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas.
(4)
ADULT MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment involving manipulation of a part of or in connection with specified sexual activities, are provided, and where any person providing such
treatment, manipulation or services related thereto, exposes his or her specified anatomical areas.
ADULT MASSAGE PARLOR does not include the practice of massage as described in Chapter 120 of this code.
(5)
ADULT MOTEL. A motel, hotel or similar commercial establishment that offers public accommodations, for any form of consideration, that provide patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions charac-terized by the depiction of specified sexual activities or specified anatomical areas; and advertises the availability of this type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television.
(6)
ADULT MOTION PICTURE THEATER. An establishment where films, motion pictures, video cassettes, slides or similar photo-graphic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas are regularly shown for any form of considera-tion.
(7)
ADULT THEATER. A theater, concert hall, auditorium, or similar establishment that, for any form of consideration, regularly features persons who appear nude or live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities.
(8)
ESCORT AGENCY. A person or business that as one of its significant business purposes and for a fee, tip or other consideration furnishes, offers to furnish, or advertises to furnish escorts. ESCORTS are persons who, act as companions, guides or dates or privately model lingerie or perform a striptease.
(9)
NUDE MODEL STUDIO. Any place where a person who appears nude or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. NUDE MODEL STUDIO does not include a class in which nude models pose and which is offered by a college, junior college or university supported entirely or partly by taxation; offered by a private college or university for class credits that are transferable to a college, junior college or university supported entirely or partly by taxation; or held in a structure having no sign or other advertising visible from the exterior of the structure indicating that a nude model is available for viewing, where no more than one nude model is on the premises at the same time, and where in order to participate in the class a student must enroll at least three days in advance of the class.
(10) SEXUAL ENCOUNTER ESTABLISHMENT. An establishment that as one of its significant business purposes offers for any form of consideration a place where two or more persons, at least one of whom is nude, may congregate, associate, or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. SEXUAL ENCOUNTER ESTAB-LISHMENT does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar licensed professional person engages in medically approved and recognized sexual therapy.
EMPLOYEE. A person who works or performs in and/or for an adult business, regardless of whether the person is paid a salary, wage or other compensation by the operator of the business.
ESTABLISH, ESTABLISHING and ESTAB-LISHMENT. Any of the following:
(1) The opening or commencement of an adult business as a new business;
(2) The conversion of an existing business, whether or not an adult business, to an adult business; or
(3) The relocation of an adult business.
NUDE. The display of the unclothed human buttocks, anus or genitals, or the areola or nipple of the female human breast, or a state of dress that fails to opaquely and fully cover such areas of the body.
OPERATOR. The owner, permit holder, custodian, manager, or person in charge of the premises of an adult business.
PERMITTEE. A person in whose name an adult business permit has been issued under this subchapter, as well as the persons listed as applicants in the application for such permit.
PERSON. An individual, proprietorship, partnership, corporation, association or other entity.
PLANNING DIRECTOR. The Planning Director of the city or a city employee designated by the Planning Director.
PUBLIC BUILDING. Any building owned, leased or held by the United States, the State of California, the County of Ventura, the city, a school district, or any other special district, agency or political subdivision of the state or the United States, which building is used for governmental purposes and which is open to the public.
PUBLIC PARK or RECREATION AREA. Public land within the city that has been designated for park, recreational, or arts activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian or bicycle path, open space, wilderness area, or similar public land under the control, operation, or management of the city.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, or building used primarily for religious worship or related religious activities recognized by the United States Internal Revenue Service.
RESIDENTIAL ZONE. Property zoned for residential use.
SCHOOL. Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior
colleges, colleges, and universities.
SCHOOL includes the school grounds, but does not include facilities used primarily for non-educational purposes and only incidentally as a school.
SPECIFIC ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Actual or simulated sex acts, including intercourse, oral copulation, and anal intercourse;
(3) Actual or simulated masturbation;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the matters set forth in subdivisions (1) through (4) of this definition.
YOUTH ORGANIZATION FACILITY. Any building used primarily for meetings of a social, educational or athletic club or group composed primarily of persons under the age of 18 years.
(Ord. 987, passed 6-19-95)
(A) Adult businesses may be established, subject to all other provisions of this subchapter and the zoning code, only in M-1, M-1-L, M-2, C-1, C-2 and I-P(PD) Zones.
(B) Notwithstanding division (A) of this section, no adult business may be established:
(1) Within 1,000 feet of any residential zone, religious institution, hospital, convalescent home or similar facility, youth organization facility, school, public building, public park or recreation area (“protected locations”). Adult businesses are allowed within 1,000 feet of a “protected location” if the two locations are separated by the freeway, unless a pedestrian or vehicular crossing of the freeway is also located within 1,000 feet of the adult business and the “protected location.”
(2) Within 200 feet of another adult business.
(C) Each adult business defined in § 156.781 shall be considered a separate business, whether or not owned or operated by the same persons and more than one adult business shall not be established in the same building, structure or portion thereof or in violation of the criteria contained in divisions (A), (B), and (C) of this section.
(D) Distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each business. Distance between any adult business and any residential zone, religion institution, hospital, convalescent home or similar facility, youth organization facility, school, public building, public park or recreation area, shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of the adult business to the nearest property line of the residential zone, area or facility listed above.
(E) Notwithstanding any provision of the zoning code to the contrary, none of the locational criteria set forth in this section may be waived, reduced, or modified in any manner by the variance procedures set forth in Ch. 16.220.
(Ord. 987, passed 6-19-95) Penalty, see § 156.999
Loading...