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Thousand Oaks Overview
The City of Thousand Oaks, CA Municipal Code
THOUSAND OAKS, CALIFORNIA MUNICIPAL CODE
PREFACE
TITLE 1. GENERAL PROVISIONS
TITLE 2. PERSONNEL
TITLE 3. FINANCE
TITLE 4. PUBLIC SAFETY
TITLE 5. PUBLIC WELFARE, MORALS AND CONDUCT
TITLE 6. SANITATION AND HEALTH
TITLE 7. PUBLIC WORKS
TITLE 8. BUILDING REGULATIONS
TITLE 9. PLANNING AND ZONING
CHAPTER 1. FLOOD CONTROL
CHAPTER 2. GENERAL PLAN AND SPECIFIC PLANS*
CHAPTER 3. SUBDIVISIONS*
CHAPTER 4. ZONING
Article 1. Title, Purpose, and Interpretation
Article 2. Definitions*
Article 3. Establishment and Designation of Zones
Article 4. Rural-Agricultural Zones (R-A)
Article 5. Rural-Exclusive Zones (R-E)
Article 6. Single-Family Estate Zones (R-O)
Article 7. Single-Family Residential Zones (R-1)
Article 8. Two-Family Residential Zones (R-2)
Article 9. Residential Planned Development Zones (R-P-D)*
Article 10. Multiple-Family Residential Zones (R-3)
Article 10.5. Mixed-Use (MU) and Mixed-Use Overlay (MUOZ) Zones
Article 11. Commercial Office Zones (C-O)
Article 12. Neighborhood Shopping Center Zones (C-1)*
Article 13. Highway and Arterial Business Zones (C-2)*
Article 14. Community Shopping Center Zones (C-3)*
Article 15. Regional Shopping Center Zones (C-4)
Article 16. Industrial Park Zones (M-1)
Article 17. Light Manufacturing Zones (M-2)
Article 18. Design Review: Requirements and Procedure*
Article 19. Condominium Conversions, Mobile Home Park Subdivisions and Mobile Home Park Changes of Use*
Article 20. Mobile Home Park Development Zones
Article 21. Uses Allowed by Zone
Article 22. Objective Design Standards for Residential Development
Article 23. Sign Regulations*
Article 24. Off-Street Parking
Article 25. Height, Yard, Area, and Building Conditions and Exceptions
Article 26. Community Park and Recreational Facilities*
Article 27. Nonconforming Buildings and Uses
Article 28. Variances and Permits
Article 29. Amendments
Article 30. Enforcement, Violations, and Penalties
Article 31. Hillside Planned Development Zones (H-P-D)
Article 32. Public, Quasi-Public, and Institutional Lands and Facilities Zone (P-L)*
Article 33. Height Limit Overlay Zone (H)
Article 34. Historic Landmark Overlay Zone (HL)
Article 35. Protected Ridgeline Overlay Zone Regulations (PR)
Article 36. Open Space Zone (OS)
Article 37. Urban Lot Splits and Two-Unit Housing Developments
Article 38. Special Use Permit For Rental of Dwelling
Article 39. Highway and Arterial Business/Auto Mall Zone (C-2/AM)
Article 40. Transportation Demand Management (TDM) Standards for New Development
Article 41. Temporary Uses
Article 42. Oak Tree Preservation and Protection
Article 43. Landmark Tree Preservation and Protection
Article 44. Wireless Communications Facilities
CHAPTER 5. ENVIRONMENTAL IMPACT ASSESSMENT AND ENVIRONMENTAL QUALITY PROTECTION*
CHAPTER 6. LIABILITY FOR ANNEXATION FEES
CHAPTER 7. EXEMPTED CHARGES FOR LOW INCOME SENIOR CITIZEN HOUSING
CHAPTER 8. DEDICATION OF LAND AND/OR PAYMENT OF IN-LIEU FEES FOR SCHOOL FACILITIES
CHAPTER 9. TIME LIMITATIONS FOR JUDICIAL REVIEWS OF CITY DECISIONS OR ACTIONS TAKEN
CHAPTER 10. AFFORDABLE HOUSING
CHAPTER 11. DEVELOPMENT AGREEMENTS
CHAPTER 12. PUBLIC HEARING AND ENVIRONMENTAL REVIEW NOTICE REQUIREMENTS
CHAPTER 13. DISPOSITION OR LEASE OF PROPERTY HELD BY THE CITY FOR OPEN SPACE PURPOSES
ZONING MAPS
APPENDIX A: SPECIFIC PLAN NO. 15
TITLE 10. UTILITIES
APPENDIX
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Sec. 9-4.2807. Appeals of administrative decisions to the Planning Commission.
   (a)   Except where provided otherwise by Section 9-4.1809 of this chapter, the applicant or any aggrieved person, or City official may appeal a decision of the Community Development Director, or the Director’s designee, rendered pursuant to Section 9-4.2804 or Section 9-4.2805 of this article to the Planning Commission. The City Council may, on its own motion, elect to submit a decision by the Community Development Director, or the Director’s designee, to the Planning Commission for consideration and decision.
   (b)   Any appeal of an administrative decision made pursuant to this section shall be filed with the Community Development Director within ten (10) calendar days after an administrative decision is rendered. A referral by the City Council of an administrative decision to the Planning Commission may be made by majority vote of the City Council within ten (10) days after an administrative decision is rendered. An appeal may be commenced only by filing with the Community Development Department the required appeal form specifying the action the appellant requests the Commission to take. A fee prescribed by Council resolution shall be paid with the filing of the appeal; provided, however, no filing fee shall be charged or collected for any appeal filed on behalf of the City by a City officer, employee, board, or commission. An appeal of the Planning Commission decision shall be filed in accordance with Section 9-4.2808.
   (c)   The Planning Commission shall conduct one public hearing on the appeal in accordance with the requirements of this article, which hearing shall be noticed as required by Chapter 12 of this title. The Commission shall consider the matter de novo and shall approve, conditionally approve or deny the permit, administrative action, or entitlement for which application was originally made.
(§ 32, Ord. 1178-NS, eff. April 27, 1993, as amended by § 14, Ord. 1210-NS, eff. May 24, 1994, and Part 7, Ord. 1446-NS, eff. October 25, 2005)
Sec. 9-4.2808. Appeals to Council.
   (a)   Filing. After the Commission has rendered a decision, and except as provided otherwise in Section 9-4.1809 of this chapter, an appeal to the Council may be taken by the applicant, any person aggrieved, or by any officer, department, board, or commission of the City affected by the decision. Notwithstanding the definition of “aggrieved person” in Section 9-4.203.8, any member of the City Council may also be considered an aggrieved person affected by such a decision for purposes of this section. An appeal shall be commenced by filing with the Community Development Department, a notice of appeal which specifies the grounds of the appeal and the action which the appellant wants the Council to take, within ten (10) days of the date of the Commission’s decision. Appeals shall be submitted on the forms provided for that purpose by the Community Development Department, and shall be accompanied by the applicable fee set by Council resolution.
   Prior to and as a prerequisite of filing a notice of appeal, the appellant shall obtain a certification from the department that an appeal is authorized and that all information, documents, and maps required in connection with the appeal have been filed with the City. That Department shall note the date and time such notice was filed and forthwith send a copy to the City Attorney. A fee, as prescribed by Council resolution, shall be paid to the Community Development Department with the filing of each appeal. No filing fee shall be charged for any appeal filed by a City officer, employee, board or Commission member on behalf of the City.
   In addition, the City Council may, on its own motion within ten (10) days after the final decision by the Planning Commission, elect to review and consider any decision of the Planning Commission. No application for an appeal need be filed by the City Council, or any member representative thereof, when the City Council elects, by majority vote on its own motion, to review and consider a decision of the Planning Commission.
   (b)   Hearings. After the City Clerk’s receipt of the Notice of Appeal on the proper form, the City Clerk shall consider the pending City Council agenda requests and, except for matters to be heard in connection with a tentative subdivision map appeal, set the matter for a public hearing at the earliest reasonable and available date, which shall be within at least ninety (90) days of receipt of the filing. Hearings on permits connected with any appeal of a tentative subdivision map decision shall be set for a date within thirty (30) days of the filing. The City Clerk shall give notice of the hearing in the manner required by Chapter 12 of this title.
   (c)   Records on appeals. The Community Development Director shall deliver all papers and files constituting the record of the matter on appeal to the Council at the time of the hearing unless otherwise directed by the Council.
   (d)   Hearings: Procedure. The Council may prescribe rules governing the procedure of hearings for appeals conducted by it. A quorum for a hearing shall consist of at least three (3) members. Any act or decision shall require the concurrence of a majority of the members of the Council present. The Council may refer a matter on appeal back to the Commission for further report, information, or study.
   (e)   Appellate decisions. The Council shall announce its decision not more than fifteen (15) calendar days following the termination of the hearing. Whenever a matter has been referred back to the Commission, the Commission shall report back and the Council shall announce its decision not more than forty-five (45) calendar days following the day of such referral. The Council’s decision shall thereafter be set forth in a resolution with any required findings. In the event of a tie vote and the failure to break the tie vote within fifteen (15) calendar days, the decision of the Commission shall be reinstated and deemed rendered, and no further action or proceeding thereon may be taken by the Council. The Council may sustain, modify, reject, or overrule, wholly or partly, any decision by the Commission. It may impose such conditions and limitations it deems necessary to assure that the general purpose and intent of this chapter will be observed, the public interest, health, safety, and welfare secured, and substantial justice will be done. The resolution shall recite the conditions and limitations imposed. It need not recite any findings for the decision unless the appellant so requests before the Council renders its decision.
   (f)   Appellate decisions: Notice. Not later than ten (10) calendar days following the day on which the decision is rendered, the City Clerk shall mail a copy of the resolution to the appellant, the applicant, the Commission, and the City official, department, board, or commission whose order, requirement, permit, decision, or determination is the subject of the appeal.
   (g)   Finality of decisions: Procedural time limits. After rendition, a decision shall become final and conclusive and shall not thereafter be considered or modified or vacated. The time limits set forth in this section are procedural only and do not limit or affect the jurisdiction and power of the Council to act on any permit or variance.
   (h)   Appeal of certain conditions. Whenever any person appeals only certain conditions or restrictions on a permit or variance, and the final action of the Council is to grant the permit or variance, either in its original form or in a modified form, all conditions and restrictions not appealed from shall be automatically carried over and shall continue to govern and limit the permit or variance, unless the action of the Council clearly indicates otherwise.
(§ 8163.8, T.O.O.C., as amended by XVI, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 525-NS, eff. May 1, 1975, § 1, Ord. 567-NS, eff. May 6, 1976, § XI, Ord 776-NS, eff. April 16, 1981, § 2, Ord. 848-NS, eff. December 13, 1983, § 2, Ord. 921-NS, eff. May 20, 1986, § 1, Ord. 1160-NS, eff. July 28, 1992, and as renumbered by § 32 and amended by § 33, Ord. 1178-NS, eff. April 27, 1993, as amended by § 15, Ord. 1210-NS, eff. May 24, 1994, Part 8, Ord. 1446-NS, eff. October 25, 2005
Sec. 9-4.2809. Implementation.
   The Community Development Director shall be responsible for preparing the resolutions set forth in this article and any other paper or document required by the Commission or the Council in order to discharge its duties and responsibilities pursuant to the provisions of this chapter.
(§ 8163.9, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 32, Ord. 1178-NS, eff. April 27, 1993)
Sec. 9-4.2810. Former procedures superseded.
   All applications for any variance or permit within the scope of this chapter, or for the modification or revocation of any variance or permit heretofore or hereafter granted, shall be processed and reviewed in accordance with the provisions of this article and chapter, and any section, subsection, clause, or phrase in any other article of this chapter inconsistent with, or contrary to, any provision of this article shall be processed and reviewed in accordance with the provisions of this article and chapter, and any section, subsection, clause, or phrase in any other article of this chapter inconsistent with, or contrary to, any provision of this article shall be inapplicable to such application.
(§ 8163.10, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 32, Ord. 1178-NS, eff. April 27, 1993)
Sec. 9-4.2811. Revocation.
   A petition for the revocation of any variance or permit may be filed by any person or political entity aggrieved, or by any officer, department, board, or commission of the City affected by the decision.
   Any variance or permit heretofore or hereafter granted may be revoked by the Commission after appropriate proceedings, as provided in this article, for any of the following causes:
   (a)   That any term or condition of the variance or permit has not been complied with;
   (b)   That the property subject to the variance or permit, or any portion thereof, is used or maintained in violation of any statute, law, or regulation;
   (c)   That the use for which the variance or permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned; and
   (d)   That the use for which the variance or permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.
   After the revocation of a variance or permit, the property affected thereby shall be subject to the regulations of the applicable zone classification. The failure of the Commission or Council to revoke a variance or permit whenever cause therefor exists or occurs shall not constitute a waiver of such right with respect to any subsequent cause for revocation.
(§ 8163.11, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and as renumbered by § 32 and amended by § 34, Ord. 1178-NS, eff. April 27, 1993)
Sec. 9-4.2812. Expiration.
   (a)   Expiration. Unless otherwise specified below or in the conditions of the permit or variance, any variance or permit granted shall expire and become null and void if not exercised or the use has not been inaugurated or the construction of the structure has not been commenced and the use has not been diligently pursued, within thirty-six (36) months after the date of issuance. Residential planned development and hillside planned development permits approved for land subject to a tentative tract shall expire on the date of the expiration of that tentative tract. The date of issuance of a permit or variance shall be defined as the date of the final approval of such permit or variance by the Community Development Director, the Planning Commission, or City Council, whichever is applicable. If the permit or variance is denied by the Community Development Director or the Commission, and subsequently approved on an appeal by the City Council, then the date of issuance shall be the date such appeal was granted. After the expiration of a variance or permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.
   (b)   Phased construction. The time periods for phased projects shall be stated in the conditions of the permit so as to avoid a lapse of progressive development following the completion of the preceding phase. If no condition is imposed, the construction of the succeeding phase shall commence within twelve (12) months after the completion of the previous phase, or the permit will expire.
   (c)   Use inauguration. The inauguration of a permit or variance involving a building or buildings shall be deemed to have occurred when the construction of the structure’s foundation has been undertaken by the actual placing of the construction materials in their permanent position and fastened in their permanent manner. Inauguration may be otherwise defined by the Commission, the Council or by the Community Development Director by a condition imposed on the permit at the time of approval, issuance or prior to inauguration. Such condition(s) may specify that other or further acts in the preparation for on-site construction may constitute inauguration of the use, consisting of, but not limited to: heavy on-site grading involving the substantial alteration of the natural terrain; the significant installation of public improvements beyond those normally required; the release of building permits authorizing at least twenty (20%) percent of the total value of the work to be performed; or any other major preparatory act prior to construction which is substantial in nature.
   (d)   Diligent pursual required after inauguration. Following the inauguration of the permit or variance as constituted by a condition or as defined in this section, the completion of the project shall be diligently pursued with continuous construction activity on the subject property. If, in the judgment of the Community Development Director, the project is not being diligently pursued to completion, the applicant shall be notified that the permit or variance shall expire within thirty (30) days after the cessation of activity on the site, and a time extension shall be obtained through the appropriate procedures in order to allow further pursuit of the project.
   (e)   Time extensions.
   i.   A time extension may be approved as a minor modification to the approved permit or variance for a period not to exceed twenty-four (24) months.
   ii.   A maximum of two (2) time extensions, not to exceed forty-eight (48) months, may be approved by the Community Development Director. The applicant may appeal the decision of the Director to the Planning Commission within fifteen (15) days after the decision.
   iii.   Any time extension for a permit approved in conjunction with a tentative tract map or land division which has not yet been recorded shall be considered in conjunction with the time extension for the underlying tentative map or land division.
   iv.   Any permit that has not expired and was approved in conjunction with a tentative map or land division that receives an automatic extension of time pursuant to the Subdivision Map Act shall receive an equivalent automatic extension of time.
(§ 8163.12. T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 404-NS, eff. September 13, 1973, §§ I and II, Ord. 607-NS, eff. January 6, 1977, § 5, Ord. 899-NS, eff. October 22, 1985, § 21, Ord. 907-NS, eff. February 11, 1986, § 1, Ord. 981-NS, eff. November 3, 1987, § 1, Ord. 1122-NS, eff. October 1, 1991 and as renumbered by § 32 and amended by § 35, Ord. 1178-NS, eff. April 27, 1993, as amended by Ord. 1386-NS, eff. October 18, 2001, and § 26, Ord. 1555-NS, eff. May 13, 2011)
Sec. 9-4.2813. Reapplications.
   After the denial of a permit or variance has become final, no further application for the same permit or variance shall be filed for the same property for the ensuing six (6) months unless the permit or variance was denied without prejudice or unless otherwise specified at the time of the denial.
(§ 8163.14, T.O.O.C., as amended by § II, Ord. 223, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970 and § 32, Ord. 1178-NS, eff. April 27, 1993)
Sec. 9-4.2814. Granting for certain land and uses.
   In granting any variance or permit, the Commissioner or the Council, as the case may be, need not grant such variance or permit for all the land, property, or uses requested in the application. In the absence of any provisions in a variance or permit designating the land, property, or uses for which the variance or permit is granted, the variance or permit shall be granted for the land, property, and uses set forth in the application.
(§ 8163.13, T.O.O.C., as amended by § I, Ord. 233, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 32, Ord. 1178-NS, eff. April 27, 1993)
Sec. 9-4.2815. Oil and gas permits: Conditions.
   It is hereby declared to be in the interests of the public health, safety, and welfare and the purpose and intent of this chapter that the following conditions shall be, and they are hereby automatically imposed and made, a part of any permit for oil and gas drilling and extraction hereafter issued and as to any permit issued prior to November 30, 1961, shall apply to any drilling or other activity commenced after November 30, 1961:
   (a)   Whenever the drilling or redrilling of any oil or gas well commenced after November 30, 1961, is situated within five hundred (500') feet of any dwelling not owned by the permittee, or if applicable, the lessor of the permittee, the derrick, portable drilling rig, and machinery or equipment used to operate in connection with drilling shall be enclosed with fire-resistant and soundproofing material.
   (b)   The exercise of any right granted by the permit shall conform in all respects to the regulations and requirements of the Regional Water Pollution Control Board No. 4 of the State, and all water, mud, oil, or any other substances removed as waste material from the land for which the permit is issued shall be deposited in a disposal site approved by the Commission and the Regional Water Pollution Control Board of the State.
   (c)   No earthen sump shall be constructed or maintained within five hundred (500') feet, and no drilling shall be permitted within one hundred (100') feet, of any natural channel in which there is or may be flowing water.
   (d)   Within ninety (90) days after a well is producing, the derrick, all boilers, and all other drilling equipment shall be removed from the premises unless permission to store them on the premises is obtained from the Commission.
   (e)   All sumps, debris basins, or depressions, ravines, gullies, barrancas, or the like which are used for the impounding or depositing of water, mud, oil, or any other fluid, semifluid, or any combination thereof, shall be fenced. When any such place is located more than one-half (1/2) mile away from any school, playground, or dwelling, such place shall be enclosed by a cattle fence with wood or steel posts not less than four (4') feet above the ground with not less than three (3) strands of barbed wire secured horizontally to posts. When any such place is located within one-half (1/2) mile of any school, playground, or dwelling, such place shall be enclosed by a wire fence of a wire mesh type with a maximum of two (2") inches by four (4") inches opening, and such fence shall be secured to steel posts not less than five (5') feet in height above the ground, and such posts shall have forty-five (45) degree arms attached to the top of the posts with three (3) strands of barbed wire attached thereto.
   (f)   No permanent buildings or structures shall be erected within one hundred (100') feet of the boundaries or the right-of-way of any public street or highway.
   (g)   The permittee shall at all times comply with the provisions of the Public Resources Code of the State relating to the protection of underground water supply and in connection with oil and gas extraction.
   (h)   Upon the abandonment of any well or the cessation of drilling operations, all earthen sumps or other depressions containing drilling mud, oil, or other waste products from the drilling operation shall be cleaned up by removing such waste products or by consolidating all mud, oil, or other waste products into the land by disking, harrowing, and leveling to restore the land to the condition existing prior to the issuance of the permit as nearly as practicable so to do.
   (i)   Unless otherwise provided in the terms of a permit, the permit shall expire no later than when the permittee’s ownership, lease, or other right to develop the property in the manner described in the application is terminated. A permit may be transferred to another person only with the approval of the Commission. A transfer shall be null and void unless and until:
   (1)   The Commission has approved the transfer;
   (2)   The Commission has been furnished satisfactory evidence of the transfer;
   (3)   The transferee files with the Commission a writing wherein he obligates himself to comply with every term and condition of the permit; and
   (4)   The transferee has filed an approved bond.
   (j)   No drilling or other uses for which the permit is granted shall be commenced or continued unless and until the permittee has filed, and the Commission has accepted, a bond in the penal amount of Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each well which is drilled or to be drilled. Any operator may, in lieu of filing such bond for each well drilled, redrilled, produced, or maintained, file a bond in the penal amount of Ten Thousand and no/100ths ($10,000.00) Dollars to cover all operations conducted in the City, conditioned upon the permittee well and truly obeying, fulfilling, and performing each and every term and provision in the permit. In the event of any failure by the permittee to perform or comply with any term or provision thereof, the Commission may, by resolution, declare the bond forfeited, and the sureties and principal shall be jointly and severally obligated to pay forthwith the full amount of the bond to the City. The forfeiture of any bond shall not insulate the permittee from liability in excess of the sum of the bond for damages for injuries, expenses, or liability suffered by the City from any breach by the permittee of any term or condition of such permit or of any applicable law or of the bond. The transfer of the permit, as provided in subsection (i) of this section, shall not be effective unless and until the transferee has also complied with such condition for posting an approved bond.
   (k)   All drilling and production operations shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration, or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for, and the production of, oil, gas, and other hydrocarbon substances. Where economically feasible, generally accepted and used technological improvement for reducing factors of nuisance and annoyance shall be employed by the permittee.
(§ 8163.15, T.O.O.C., as amended by § 1, Ord. 233, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970 and § 32, Ord. 1178-NS, eff. April 27, 1993)
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