and daily inundation, storm wave impacts, coastal erosion, rising tides, and saltwater intrusion impacting groundwater within the Plan Area due to sea level rise, near term impacts would be minimal for the Original Project. The Modified Project would be located on the same Plan Area as the Original Project and would therefore result in the same impacts related to flooding and release of pollutants. With mandatory compliance to General Plan Policies PSF 1-1 and PSF 7-1 and applicable PHMC regulations to minimize risks associated with storm flooding, the Modified Project would not impede flood flows or expose people to significant flood-related safety impacts. The Modified Project would therefore have no new or more severe significant impacts related to impeding or redirecting flood flows, or potential release of pollutants in flood hazard, tsunami, or seiche zones beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 84 of 173 CC Agenda 12-16-2024
Impact Analysis
Land Use and Planning
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 49
3.11 Land Use and Planning
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Physically divide an
established community?
Pages
4.10-5 and
4.10-6
No No No N/A
b. Cause a significant
environmental impact due to
a conflict with any land use
plan, policy, or regulation
adopted for the purpose of
avoiding or mitigating an
environmental effect?
Pages
4.10-6
through
4.10-9
No No No N/A
a. Would the project physically divide an established community? No adjustments to the City’s boundaries are proposed as part of the Original Project or Modified Project. No provision of the Original Project or Modified Project would affect existing entries to either NBVC or the Port of Hueneme and no changes to points of access to the City are proposed.
General Plan Policies LU 6-1, CI 1-2, CI 2-1, CI 2-3, CI 2-4, CI 4-1 and CI 4-2 facilitate connectivity and mobility by providing for a balanced land use pattern and access throughout the Plan Area. Impacts related to the Original Project would be less than significant. The Modified Project would be located within the same Plan Area as the Original Project and would not substantially change the circulation pattern of the Original Project. As discussed in Section 2, Project Description, the Modified Project includes a new NIO to address Housing Program 8, an increase in maximum density for the City’s R-4 Zone, revising five sites to be consistent with the land use designation that was adopted in the Final EIR, and minor text amendments to the City’s Zoning Ordinance. These proposed updates would not physically divide an established community or indirectly lead to the division of an established community as they would not authorize any land-altering activities or trigger development of major new infrastructure that could divide a community or other developed area. The Modified Project would therefore result in no new or more severe impacts related to dividing established communities beyond those identified in the previously certified Final EIR. b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
The adopted Final EIR found that the Original Project would be consistent with the regionally and locally adopted land use plans, policies, and regulations applicable to the Original Project including SCAG and the PHMC. Proposed land use updates associated with the Original Project would comply SCAG goals and policies. Proposed revisions to the Zoning Code would be consistent with the 2021 GPU. Therefore, the impacts related to the Original Project would be less than significant. The Modified Project involves a new NIO to implement Housing Element Program 8 and address housing Agenda Item No. 13 Page 85 of 173 CC Agenda 12-16-2024
City of Port Hueneme
Housing Element Program Implementation
50 needs within the City of Port Hueneme, an increase in maximum density to the City’s R-4, a rezone of five sites to be consistent with the 2021 GPU, and minor text amendments to the City’s Zoning Ordinance. Upon approval of the Zoning Ordinance Amendment, the Modified Project would be consistent with SCAG goals and policies as well as the PHMC and 2021 GPU, including the 2021-2029 Housing Element. Therefore, the Modified Project would result in no new or more severe impacts related to consistency with applicable land uses plans, ordinances, and policies beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 86 of 173 CC Agenda 12-16-2024
Impact Analysis
Mineral Resources
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 51
3.12 Mineral Resources
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Result in the loss of
availability of a known
mineral resource that would
be of value to the region and
the residents of the state?
b. Result in the loss of
availability of a locally
important mineral resource
recovery site delineated on a
local general plan, specific
plan, or other land use plan?
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The Modified Project would occur within the same Plan Area as the Original Project. As described on page 4.16-1 of the adopted Final EIR, soil types found in the City do not contain any significant mineral resources and there are no known mineral resources or mineral resource extraction sites in the City. Neither the Original Project nor the Modified Project would involve a mineral resource recovery site or alter or displace any mineral resource activities. Therefore, consistent with the findings of the adopted Final EIR for the Original Project, the Modified Project would have no impact on mineral resources, and no new or more severe impacts on mineral resources of value or important mineral resource recovery sites.
Agenda Item No. 13 Page 87 of 173 CC Agenda 12-16-2024
City of Port Hueneme
Housing Element Program Implementation
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Agenda Item No. 13 Page 88 of 173 CC Agenda 12-16-2024
Impact Analysis
Noise
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 53
3.13 Noise
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Generate a substantial
temporary or permanent
increase in ambient noise
levels in the vicinity of the
project in excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other agencies?
Pages
4.11-14
through
4.11-19
No No No N/A
b. Generate excessive
groundborne vibration or
groundborne noise levels?
Pages
4.11-20 and
4.11-21
No No No N/A
c. For a project located within
the vicinity of a private
airstrip or an airport land use
plan or, where such a plan
has not been adopted, within
two miles of a public airport
or public use airport, expose
people residing or working in
the project area to excessive
noise levels?
Page
4.11-21
No No No N/A
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The adopted Final EIR found that the residences and other noise-sensitive land uses adjacent to the sites of reasonably foreseeable development under the Original Project could be potentially impacted by the construction and operation of the development associated with the Original Project. The Final EIR determined that adherence to PHMC Sections 3439, 10227, and 3438 and compliance with GPU Policies N1-2 through N1-8 would reduce construction-, operational-, and traffic-related noise impacts to a less-than-significant level. The Modified Project would include a net increase of 873 residential units (723 residential units associated with the NIO and 150 residential units associated with the R-4 zone update), which would increase construction and operational noise impacts compared to the Original Project. However, adherence to PHMC Section 3439, 10227, and 3438, and GPU Policies N1-2 through N1-8 would reduce impacts to construction-, operational-, and traffic-related noise impacts to a less-than-significant level. In addition, development projects under the Modified Project would require project-level CEQA Agenda Item No. 13 Page 89 of 173 CC Agenda 12-16-2024
City of Port Hueneme
Housing Element Program Implementation
54 review, which would further identify and require necessary mitigation for potential site-specific impacts related to construction and operational noise. As a result, development under the Modified Project would not have any new or more severe significant impacts related to substantial temporary or permanent increases in ambient noise levels beyond those identified in the previously adopted Final EIR for the Original Project.
b. Would the project generate excessive groundborne vibration or groundborne noise levels? As described on page 4.11-20 of the adopted Final EIR, construction activity associated with reasonably foreseeable development under the Original Project would likely create groundborne vibration that exceeds the threshold of human perception 0.25 in/sec PPV. PHMC Section 3439 prohibits construction activities between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next, Monday through Saturday, and no earlier than 9:00 a.m. or later than 6:00 p.m. on Sunday and federal holidays. The PHMC also states that discernible groundborne vibration is unacceptable, but it exempts temporary construction or demolition from this standard. In addition, vibration generated by construction activity has the potential to damage structures depending on the type of structure. GPU Policy N 1-6 and Implementation Action N-2 would reduce impacts related to construction-related vibration impacts to a less-than-significant level. Operation of the Original Project would not involve the use of large pieces of equipment which are associated with operational-related vibration impacts. Therefore, operational vibration impacts related to the Original Project would be less than significant.
The Modified Project would include a net increase of 873 residential units (723 residential units associated with the NIO and 150 residential units associated with the R-4 zone update), which would increase construction and operational noise impacts compared to the Original Project.
However, the Modified Project would be required to comply with all existing regulations and GPU Policy N 1-6 and Implementation Action N-2, which would reducing the potential impact to a lessthan-significant level. In addition, development projects under the Modified Project would require project-level CEQA review, which would further identify and require necessary mitigation for potential site-specific impacts related to construction and operational noise. As a result, development under the Modified Project would not result in new or substantially more severe significant impacts related to vibration beyond those identified in the previously adopted Final EIR for the Original Project.
c. Would the project be located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, and expose people residing or working in the project area to excessive noise levels? As described on page 4.11-21 of the adopted Final EIR, the closest airport to the Plan Area is the Oxnard Airport, located 1.1 miles north of the City and the Plan Area is not located within noise contours of the Oxnard Airport Master Plan (County of Ventura 2004). Therefore, reasonably foreseeable development under the Original Project would not expose people to excessive noise levels from airport noise and no impact would occur. The Modified Project would occur on the same Plan Area as the Original Project and would thus not result in new or substantially more severe significant impacts related to airport noise beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 90 of 173 CC Agenda 12-16-2024
Impact Analysis
Population and Housing
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 55
3.14 Population and Housing
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Induce substantial unplanned
population growth in an area,
either directly (e.g., by
proposing new homes and
businesses) or indirectly (e.g.,
through extension of roads
or other infrastructure)?
b. Displace substantial numbers
of existing people or housing,
necessitating the
construction of replacement
housing elsewhere?
a. Would the project induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)?
As discussed on page 4.12-5 of the adopted Final EIR, development facilitated through the Original Project is based on growth factors consistent with the California Department of Finance and SCAG estimates of population, household, and employment growth. The projected population increase associated with the Original Project would exceed SCAG’s population forecast, however, the growth is consistent with SCAG’s regional housing allocation for the City.
As detailed in Section 2, Project Description, the Modified Project would include a net increase of 873 residential units (723 residential units associated with the NIO and 150 residential units associated with the R-4 zone update). According to the California DOF, the City has a current population of 21,356 persons and 8,308 housing units (DOF 2023). Based on the City’s average household size of 2.79, the net increase of 873 housing units associated with the Modified Project would accommodate a population of approximately 2,436 residents (873 units × 2.79 persons per unit = 2,436 residents).
This would increase the City’s current population by approximately 11 percent (21,356 persons ÷ 2,436 residents = 11 percent) to 23,792 residents (21,356 persons + 2,436 residents = 23,792 residents). Furthermore, the development of 873 housing units associated with the Modified Project would result in an approximately 11-percent (873 units ÷ 8,308 units = 11 percent) increase to 9,181 units (873 units + 8,308 units = 9,181 units) when compared to the current housing supply.
Based on the 2045 forecasted population and household numbers from SCAG’s 2020-2045 RTP/SCS, the forecasted population and housing for 2045 is expected to be 22,400 residents and 7,100 units (SCAG 2020). Therefore, compared to current demographics, implementation of 873 units under the Modified Project would surpass forecasted demographics for the year 2045 by 1,392 residents (23,792 residents – 22,400 residents = 1,392 residents) and 2,081 units (9,181 units – 7,100 units = Agenda Item No. 13 Page 91 of 173 CC Agenda 12-16-2024
City of Port Hueneme
Housing Element Program Implementation
56 2,081 units). However, the development associated with the Modified Project would occur in already developed, urbanized areas within the City in the same manner as those analyzed in the Original Project. Similar to the Original Project, the Modified Project would result in a population that exceeds SCAG’s projections. The Modified Project would exceed 2045 projections by approximately 30 percent due to the addition of up to 873 new housing units(2,081 units ÷ 7,100 units = 30 percent).
However, the additional development under the Modified Project would further assist in addressing the existing housing crisis and would be subject to existing State regulations to ensure substantial or unplanned growth would not occur. As with the Original project, development under the Modified Project would not, by itself, be growth inducing since the City is already built-out and served by existing infrastructure. In addition, the Modified Project does not include any changes to existing roadway configuration or access points or propose new infrastructure or expanded utilities. The Modified Project would therefore not result in new or substantially more severe significant impacts related to substantial unplanned population growth than those identified in the previously adopted Final EIR for the Original Project. Impacts would be less than significant. b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
As discussed on page 4.12-6 of the adopted Final EIR, most of development associated with the Original Project would occur on sites that do not contain existing housing units and would not lead to the displacement of a substantial number of people or housing. Few housing units are located on sites associated with the Original Project; these Medium Density Residential housing units could be removed as part of the redevelopment. However, these removed housing units would be replaced with High Density Residential, which would allow for more housing units than what currently exists.
Additionally, the Original Project would result in a net increase of housing and accounts for potential housing displacement that could occur under the Original Project. The Modified Project would include zoning updates that would increase housing density, similar to the Original Project. Any housing units that would be removed through the Modified Project could be replaced with higher density housing, increasing the total number of housing units within the Plan Area. The Modified Project would therefore not result in new or substantially more severe significant impacts from substantial displacement of existing people or housing than those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 92 of 173 CC Agenda 12-16-2024
Impact Analysis
Public Service
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 57
3.15 Public Service
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Result in substantial adverse
physical impacts associated
with the provision of new or
physically altered
governmental facilities, or
the need for new or
physically altered
governmental facilities, the
construction of which could
cause significant
environmental impacts, in
order to maintain acceptable
service ratios, response times
or other performance
objectives for any of the
public services:
1 Fire protection? Pages
4.13-12 and
4.13-13
No No No N/A
2 Police protection? Pages
4.13-13 and
4.13-14
No No No N/A
3 Schools? Page
4.13-15
No No No N/A
4 Parks? Pages
4.13-16
through
4.13-18
No No No N/A
5 Other public facilities? Pages
4.13-15 and
4.13-16
No No No N/A
Agenda Item No. 13 Page 93 of 173 CC Agenda 12-16-2024
City of Port Hueneme
Housing Element Program Implementation
58 a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for:
1. Fire protection?
2. Police protection?
3. Schools?
4. Parks?
5. Other public facilities?
As described on pages 4.13-12 through 4.13-14 of the adopted Final EIR, fire and police protection are provided to the Plan Area by the Ventura County Fire Protection Department (VCFPD) and the Port Hueneme Police Department (PHPD). Similar to the Original Project, development under the Modified Project would be required to comply with all applicable federal, State, and local regulations governing the provisions of fire protection services, including the most recent California Fire Code, which contains project-specific requirements such as construction standards in new structures and remodels, road widths and configurations designed to accommodate the passage of fire trucks and engines, and requirements for minimum fire flow rates for water mains, and GPU Goals 1 and 2, Policies PSF 1-3, 1-9 through 1-14, 2-5, and 2-7. Implementation of these updated GPU goals and policies and compliance with the California Fire Code would reduce potential fire hazards associated with new development to a less-than-significant level. The Modified Project would also be required to comply with GPU Policies PSF 3-1 through 3-8, which would reduce impacts to police protection to a less-than-significant level. The Modified Project would provide a net increase of 2,436 residents, which could result in an impact on school services. However, future development facilitated by the Modified Project would be required to make payments pursuant to Section 65995(3)(h) of the California Government Code; thus, reducing future impacts to schools to a less-than-significant level. The 2,436-resident increase from the Modified Project could increase the demand for parks and recreational facilities. However, compliance with the California State Public Park Preservation Act and GPU Policies COS 2-1, 2-2, 3-1 through 3-8, 3-10 through 3-12, and 4-1 through 4-6 would reduce potential park impacts to a less-than-significant level. In conclusion, the Modified Project would not result in an increase in population above the GPU such that new or expanded public facilities would be required. The Modified Project would not result in new or substantially more severe significant impacts to public services beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 94 of 173 CC Agenda 12-16-2024
Impact Analysis
Recreation
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 59
3.16 Recreation
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Increase the use of existing
neighborhood and regional
parks or other recreational
facilities such that substantial
physical deterioration of the
facility would occur or be
accelerated?
Pages
4.13-16
through
4.13-18
No No No N/A
b. Include recreational facilities
or require the construction
or expansion of recreational
facilities which might have an
adverse physical effect on
the environment?
Page
4.13-19
No No No N/A
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Would the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? As discussed in Section 3.14, Population and Housing, of this Addendum, the Modified Project would facilitate a population growth of approximately 2,436 residents. Neither the Original Project nor the Modified Project would induce substantial unplanned population or employment growth, and neither include recreational facilities. Implementation of the Modified Project’s proposed R-4 zone would result in a net increase of 150 R-4 residential units. The northern portions of the proposed R4 zone area would be located near Bolker Park and would potentially increase the use of the existing parks and recreational facilities. Implementation of the Modified Project’s proposed NIO would increase the built residential density of the site, resulting in a net increase of up to 723 units. The NIO site and the southern portions of the proposed R-4 zones are located near the Dewar Park and Walter B. Moranda Park. Due to the small size and existing residential density of the area, the NIO is underserved regarding parks and recreation facilities. Implementation of the Modified Project would potentially further strain the existing parks and recreation facilities.
Although the Modified Project would potentially increase use of existing parks and recreation facilities, the City’s Parks and Recreation Master Plan could facilitate the addition of new park space and amenities as needed through capital improvement projects and joint use agreements with neighborhood schools. Additionally, implementation of General Plan Policies COS 2-1, COS 2-2, COS 3-1 through COS 3-8, COS 3-10 through 3-12, and COS 4-1 through COS 4-6 would preserve and increase the City’s parks and recreation facilities. Implementation of the policies listed would ensure Agenda Item No. 13 Page 95 of 173 CC Agenda 12-16-2024
City of Port Hueneme
Housing Element Program Implementation
60 that the Modified Project would not deteriorate existing parks and recreation facilities or require construction of new facilities. Thus, with implementation of the General Plan policies, the Modified Project would have a less-than-significant impact on parks and recreation facilities. The Modified Project would not result in new or more severe impacts related to recreation beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 96 of 173 CC Agenda 12-16-2024
Impact Analysis
Transportation
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 61
3.17 Transportation
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Conflict with a program, plan,
ordinance or policy
addressing the circulation
system, including transit,
roadway, bicycle and
pedestrian facilities?
Pages
4.14-9
through
4.14-11
No No No N/A
b. Conflict or be inconsistent
with CEQA Guidelines
Section 15064.3, subdivision
(b)?
Pages
4.14-11
through
4.14-13
No No No N/A
c. Substantially increase
hazards due to a geometric
design feature (e.g., sharp
curves or dangerous
intersections) or
incompatible use (e.g., farm
equipment)?
Pages
4.14-13 and
4.14-14
No No No N/A
d. Result in inadequate
emergency access?
Pages
4.14-14 and
4.14-15
No No No N/A
a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? As described in the adopted Final EIR, the Original Project includes the Circulation Element of the General Plan which contains information on the existing and future conditions of the City’s transportation system as well as goals and policies to ensure that all components of the circulation system would meet the future needs of the City. The Circulation Element also includes relevant policies and programs that would respond to SCAG’s and VCAPCD’s circulation goals for the region.
Relevant Circulation Element General Plan policies include CI 11-7, CI 3-1, CI 3-3, and CI 4-1 through CI 4-3. The General Plan goals and policies ensure that the Original Project would comply with regional programs, plans, ordinances, or policies addressing the circulation system. The Modified Project would adhere to Circulation Element goals and policies that ensure the Modified Project would also comply with regional programs, plans, ordinances, or policies addressing the circulation system. Therefore, the Modified Project would not result in new or more severe impacts related to conflicts with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 97 of 173 CC Agenda 12-16-2024
City of Port Hueneme
Housing Element Program Implementation
62 b. Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
The adopted Final EIR determined the Original Project would have significant and unavoidable impacts regarding CEQA Guidelines section 15064.3 subdivision (b). The increase in VMT associated with the Original Project would not achieve a 15 percent reduction in VMT as recommended by the OPR. General Plan Policies CI 1-5 through CI 1-7, CI 1-10, and Policy CI 3-1 would help improve circulation techniques which would promote reduction in VMT. However, even with application of these policies, the Original Project would have a significant and unavoidable impact. The Modified Project would have a net increase of 873 residential units, which would cause an increase in VMT compared to the Original Project. While there is a VMT increase under the Modified Project, because development would be focused on urban infill area within the NIO, a substantial VMT increase would not occur. Also, the density increase in the R-4 zone areas (up to 150 new residential units) would seek to incentivize mixed-use development, which would reduce VMT by providing housing near commercial uses. Therefore, no substantial increase in VMT impacts would occur under the Modified Project. Furthermore, the Modified Project would comply with the GPU policies designed to promote reduction in VMT. Similar to the Original Project, the Modified Project’s impact regarding CEQA Guidelines Section 15064.3 subdivision (b) would be significant and unavoidable.
Therefore, the Modified Project would not result in new or more severe impacts related to its potential to conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) beyond those identified in the previously adopted Final EIR for the Original Project. c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? The adopted Final EIR determined that the Original Project could result in hazardous roadway conditions due to design features or incompatible uses, but all development would be subject to the City’s roadway engineering standards and comply with the land uses proposed in the General Plan and the Municipal Code of the City. The City’s Public Works Department would review individual project proposals/site plans to ensure no hazardous features related to transportation safety would be implemented. Additionally, General Plan Policies CI 1-1 through CI 1-4 and CI 3-4 would reduce or avoid hazard impacts due to a geometric design feature. Similar to the Original Project, the Modified Project would be subject to applicable roadway standards, site plan review, and would comply with General Plan policies. Therefore, the Modified Project would result in no new or more severe impacts related to safety risks pertaining to hazardous design features or incompatible uses beyond those identified in the previously adopted Final EIR for the Original Project. d. Would the project result in inadequate emergency access? As described on page 4.14-14 of the adopted Final EIR, the Original Project‘s proposed land use changes would not result in changes to the City’s circulation patterns or emergency access/evacuation routes. Additionally, development associated with the Original Project would be required to comply with applicable emergency access regulations and General Plan Goal CR 1 and Policies CI 2-1 through CI 2-4 which would help serve to provide adequate access in the Plan Area.
Future development associated with the Original Project would be reviewed by the City’s Building and Safety Division and the County of Ventura Fire Department to ensure emergency access and circulation. The Modified Project would be carried out on the same Plan Area as the Original Project.
The Modified Project would not result in changes to the City’s circulation patterns or emergency access/evacuation routes. The Modified Project would also be required to comply with applicable emergency access regulations and General Plan goals and policies. Similar to the Original Project, Agenda Item No. 13 Page 98 of 173 CC Agenda 12-16-2024
Impact Analysis
Transportation
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 63 development associated with the Modified Project would be reviewed by the City’s Building and Safety Division and the County of Ventura Fire Department to ensure emergency access and circulation. The Modified Project’s impact on emergency access would therefore be less than significant and the Modified Project would not result in new or more severe impacts related to inadequate emergency access beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 99 of 173 CC Agenda 12-16-2024
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Housing Element Program Implementation
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Agenda Item No. 13 Page 100 of 173 CC Agenda 12-16-2024 Impact Analysis
Tribal Cultural Resources
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 65
3.18 Tribal Cultural Resources
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in a Public Resources Code Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a. Listed or eligible for listing
in the California Register of
Historical Resources, or in a
local register of historical
resources as defined in
Public Resources Code
Section 5020.1(k)?
b. A resource determined by
the lead agency, in its
discretion and supported by
substantial evidence, to be
significant pursuant to
criteria set forth in
subdivision (c) of Public
Resources Code
Section 5024.1? In applying
the criteria set forth in
subdivision (c) of Public
Resources Code
Section 5024.1, the lead
agency shall consider the
significance of the resource
to a California Native
American tribe?
Agenda Item No. 13 Page 101 of 173 CC Agenda 12-16-2024 City of Port Hueneme
Housing Element Program Implementation
66 Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in a Public Resources Code Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
As discussed on page 4.4-16 of the adopted Final EIR, no known cemeteries, human remains, or Native American resources are located on the Plan Area. Representatives from six Native American Tribes identified by the Native American Heritage Commission (NAHC) were contacted during production of the EIR. No tribal cultural resources were identified during the AB 52 consultation and Sacred Lands File search by the NAHC and no resources eligible for the California Register of Historical Resources or local register were identified as impacted by the Original Project. Because the Modified Project would be carried out on the same Plan Area as the Original Project, and would not have a greater area of disturbance, it would not result in new or more severe impacts related to tribal cultural resources beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 102 of 173 CC Agenda 12-16-2024 Impact Analysis
Utilities and Service Systems
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 67
3.19 Utilities and Service Systems
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
Would the project:
a. Require or result in the
relocation or construction of
new or expanded water,
wastewater treatment or
storm water drainage,
electric power, natural gas,
or telecommunications
facilities, the construction or
relocation of which could
cause significant
environmental effects?
Pages
4.15-10 and
4.15-11,
4.15-11 and
4.15-12,
4.15-13,
4.14-14,
and 4.15-15
No No No N/A
b. Have sufficient water
supplies available to serve
the project and reasonably
foreseeable future
development during normal,
dry and multiple dry years?
Pages
4.15-15
through
4.15-17
No No No N/A
c. Result in a determination by
the wastewater treatment
provider which serves or may
serve the project that it has
adequate capacity to serve
the project’s projected
demand in addition to the
provider’s existing
commitments?
Pages
4.15-11 and
4.15-12
No No No N/A
d. Generate solid waste in
excess of State or local
standards, or in excess of the
capacity of local
infrastructure, or otherwise
impair the attainment of
solid waste reduction goals?
Pages
4.15-17
through
4.15-19
No No No N/A
e. Comply with federal, state,
and local management and
reduction statutes and
regulations related to solid
waste?
Pages
4.15-17
through
4.15-19
No No No N/A
Agenda Item No. 13 Page 103 of 173 CC Agenda 12-16-2024 City of Port Hueneme
Housing Element Program Implementation
68 a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Water demand and solid waste generation increases resulting from the Original Project and the Modified Project are analyzed below, in Thresholds b, d, and e, respectively. The Modified Project would occur on the same Plan Area as the Original Project and would not substantially increase the total amount of development on the site compared to the Original Project.
As discussed on page 4.15-1 of the adopted Final EIR, the City’s Wastewater Division operates and maintains the City’s wastewater pump stations and underground wastewater collection system piping. The City’s collected wastewater flows to the Oxnard Wastewater Treatment Plant (OWTP), which has a current capacity of 31.7 million gallons per day (mgd) with average daily flows of approximately 20 mgd, leaving a remaining average daily capacity of 11.7 mgd. The adopted Final EIR determined that the Original Project would generate 0.13 mgd, representing approximately 1.2 percent of the available capacity of the OWTP. Therefore, the Original Project would be well served by the existing wastewater facilities. The Modified Project would accommodate a net increase of up to 873 units within the R-4 zone and NIO. Based on the Los Angeles County wastewater generation rates used on page 4.15-12 of the adopted Final EIR, the future uses within the R-4 zone and NIO under the Modified Project would generate approximately 174,600 gallons per day or 0.17 mgd (873 residential units x 200 gpd = 174,600 gpd). Therefore, the existing capacity of OWTP (11.7 mgd) would provide more than adequate capacity to serve the future uses within the R-4 zone and NIO under the Modified Project’s anticipated growth. Similar to the Original Project, impacts related to wastewater would be less than significant.
Reasonably foreseeable development under the Original Project and Modified Project would not result in a substantial increase in impervious surfaces because the development would be focused in urban infill areas which are largely covered by impervious surfaces. Reasonably foreseeable development associated with the Modified Project would be required to comply with the City’s BMPs, Landscape Conservation Standards, Article VII, Chapter 8 of the PHMC, and Goal PSF 7 of the General Plan, which would ensure that stormwater facilities would not be significantly impacted by the Modified Project. Thus, similar to the Original Project, impacts related to stormwater drainage would be less than significant.
As discussed on pages 4.15-1 and 4.15-2 of the adopted Final EIR, the City’s electrical power is provided by Southern California Edison Company (SCE) and natural gas is provided by Southern California Gas Company (SoCalGas). Additionally, telecommunications services are provided by several private internet service providers. Reasonably foreseeable development under the Original Project and Modified Project would not require nor result in the relocation or construction of natural gas, electrical services, or telecommunications because the development would be focused in urban infill areas which are well-served by existing infrastructure. Thus, similar to the Original Project, impacts related to natural gas, electrical service, or telecommunications would be less than significant. The Modified Project would result in no new or more severe impacts beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 104 of 173 CC Agenda 12-16-2024 Impact Analysis
Utilities and Service Systems
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 69 b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? As discussed on page 4.15-15 of the adopted Final EIR, the Original Project would demand approximately 215 acre-feet per year (AFY). This 215 AFY would therefore be well within projected normal year and single-dry year supplies, with supply and demand data both coming from the Port Hueneme Water Agency’s (PHWA) 2015 Urban Water Management Plan (UWMP). The Final EIR determined that the City would not have adequate water supplies during second and third years of multiple-year droughts. The water demand for the existing uses within the R-4 zone and NIO was determined to be approximately 51,321,237 gallons per year (158 AFY) (see Appendix A). The future uses within the R-4 zone and NIO under the Modified Project is projected to increase water demand by approximately 33,089,690 gallons per year (102 AFY), totaling 84,410,927 gallons of water generated per year (259 AFY). The water demand projected for the Modified Project (259 AFY) would be approximately 17 percent more than projected as the result of the Original Project (215 AFY) in the adopted Final EIR.
Since adoption of the Final EIR, a new UWMP has been developed for the PHWA that serves the Plan Area, providing estimates of supply and demand for the years 2020 through 2040 (PHWA 2021). The new UWMP (the 2020 UWMP) projects that water demand in 2025 will be 4,495-acre feet per year (AFY) in a normal supply year, a single dry year, and multiple dry years. The 2020 UWMP projects that, by 2040, PHWA demand will increase to 5,631 AFY in a normal supply year and a single dry year, and multiple dry years. This means that the projected increase in PHWA demand between 2025 and 2040 ranges would be 1,136 AFY. The Original Project’s estimated water demand of 215 AFY equals 18.9 percent of the 2020 UWMP’s estimated demand increase between 2020 and 2040 in a normal year scenario. The future uses within the R-4 zone and NIO under the Modified Project’s estimated water demand increase of 259 AFY equals 22.8 percent of the 2020 UWMP’s estimated demand increase between 2020 and 2040 in a normal year scenario. The 2020 UWMP finds that sufficient water supplies are available to meet projected demand during normal, dry, and multiple dry years through 2035. The PHWA would not have adequate supplies beginning in 2040 during normal, dry, and multiple dry years. This inadequacy would occur with or without the Original Project or Modified Project and would require implementation of the PHWA Third State RO project. Compliance with General Plan Policies COS 5-1 through COS 5-4, PSF 5-1, and PSF 5-2 would reduce water use and ensure adequate water infrastructure is available in the Plan Area.
Implementation of the RHWA Third State RO project and compliance with General Plan policies would ensure that adequate water infrastructure is available, and the projected water demand increase associated with the Original Project and Modified Project would be accounted for.
Therefore, the Modified Project would result in no new or more severe impacts related to water supply availability beyond those identified in the previously adopted Final EIR for the Original Project.
d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
The adopted Final EIR found that development accommodated by the Original Project would generate approximately 2,109 tons of solid waste per year (5.8 tons per day). This waste generation estimate represents 5.5 percent of the remaining daily capacity of the Toland Road landfill serving Agenda Item No. 13 Page 105 of 173 CC Agenda 12-16-2024 City of Port Hueneme
Housing Element Program Implementation
70 the Plan Area (VRSD 2019). Additionally, the Original Project would comply with General Plan Policies COS 7-1 through COS 7-5, which would support solid waste diversion from landfills and promote recycling and reuse. Individual developments associated with the Original Project would be required to comply with AB 939, AB 341, the County Integrated Waste Management Summary Plan, and the City’s recycling program. The Modified Project is on the same Plan Area as the Original Project and would not substantially increase the total amount of development on the site compared to the Original Project. The waste generation associated with existing uses within the R-4 zone and NIO under the Original Project is determined to be approximately 1,001 tons of solid waste per year (see Appendix A). The future uses within the R-4 zone and NIO under the Modified Project is projected to increase waste generation by approximately 646 tons per year, totaling 1,647 tons of solid waste generated per year. The increase in solid waste generation resulting from the future uses within the R-4 zone and NIO under the Modified Project would be substantially less than projected as the result of the Original Project is the adopted Final EIR. Therefore, the Modified Project would result in less solid waste generation than the Original Project and the Toland Road landfill serving the Plan Area would have more than enough remaining capacity to adequately accommodate the solid waste generated by the Modified Project. Furthermore, the Modified Project would be required to comply with GPU policies, and applicable federal, State, and local regulations related to solid waste, which would reduce solid waste impacts generated by the Modified Project. Accordingly, similar to the Original Project, the Modified Project would not generate excess solid waste or impair the attainment of solid waste reduction goals, and comply with applicable federal, State, and local management and reduction statutes and regulations related to solid waste. The Modified Project would result in no new or more severe impacts beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 106 of 173 CC Agenda 12-16-2024 Impact Analysis
Wildfire
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 71
3.20 Wildfire
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an
adopted emergency
response plan or emergency
evacuation plan?
b. Due to slope, prevailing
winds, and other factors,
exacerbate wildfire risks and
thereby expose project
occupants to pollutant
concentrations from a
wildfire or the uncontrolled
spread of a wildfire?
c. Require the installation or
maintenance of associated
infrastructure (such as roads,
fuel breaks, emergency water
sources, power lines or other
utilities) that may exacerbate
fire risk or that may result in
temporary or ongoing
impacts to the environment?
d. Expose people or structures
to significant risks, including
downslopes or downstream
flooding or landslides, as a
result of runoff, post-fire
slope instability, or drainage
changes?
Agenda Item No. 13 Page 107 of 173 CC Agenda 12-16-2024 City of Port Hueneme
Housing Element Program Implementation
72 If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an adopted emergency response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslopes or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? The Modified Project would occur within the same Plan Area as the Original Project. As discussed on page 4.16-1 of the adopted Final EIR, the Plan Area is located five miles from the nearest State Responsibility Area and Very High Fire Hazard Severity Zone. Additionally, no land within the City is subject to wildfire hazards. Therefore, as with the Original Project, the development of the Modified Project would not expose persons or structures to wildfire hazard risks. The Modified Project would therefore not result in new or more severe impacts related to wildfire beyond those identified in the previously adopted Final EIR for the Original Project.
Agenda Item No. 13 Page 108 of 173 CC Agenda 12-16-2024 Impact Analysis
Mandatory Findings of Significance
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 73
3.21 Mandatory Findings of Significance
Where was
Impact
Analyzed in
the EIR?
Do Proposed
Changes
Require
Major
Revisions to
the EIR?
Do New
Circumstances
Require Major
Revisions to
the EIR?
Any New
Information
Resulting in
New or
Substantially
More Severe
Significant
Impacts?
Do EIR
Mitigation
Measures
Address
and/or
Resolve
Impacts?
a. Does the project have the
potential to substantially
degrade the quality of the
environment, substantially
reduce the habitat of a fish
or wildlife species, cause a
fish or wildlife population to
drop below self-sustaining
levels, threaten to eliminate
a plant or animal
community, substantially
reduce the number or
restrict the range of a rare
or endangered plant or
animal or eliminate
important examples of the
major periods of California
history or prehistory?
N/A No No No N/A
b. Does the project have
impacts that are individually
limited, but cumulatively
considerable?
("Cumulatively
considerable" means that
the incremental effects of a
project are considerable
when viewed in connection
with the effects of past
projects, the effects of other
current projects, and the
effects of probable future
projects)?
N/A No No No N/A
c. Does the project have
environmental effects which
will cause substantial
adverse effects on human
beings, either directly or
indirectly?
N/A No No No N/A
Agenda Item No. 13 Page 109 of 173 CC Agenda 12-16-2024 City of Port Hueneme
Housing Element Program Implementation
74 a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
As described above in Sections 3.1 through 3.20, although the Modified Project would result in an increase of residential units, leading to population and employment growth, the Modified Project would not result in new or more severe direct or indirect impacts beyond those identified in the previously adopted Final EIR for the Original Project. No new reasonably foreseeable future projects have been identified within proximity to the Plan Area that were not previously considered in the cumulative impacts analysis in the adopted Final EIR. Therefore, the Modified Project would have no new or more severe impacts in terms of its potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; have potentially significant cumulative impacts; or have environmental effects causing substantial adverse effects on human beings, either directly or indirectly.
Agenda Item No. 13 Page 110 of 173 CC Agenda 12-16-2024 Conclusion
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 75 4 Conclusion
As established in the analysis above regarding the potential environmental effects that may be generated as compared to the Original Project, it is concluded that substantial changes are not proposed to the Original Project nor have substantial changes occurred that would require major revisions to the adopted Final EIR prepared for the Original Project. Impacts beyond those identified and analyzed in the adopted Final EIR would not be expected to occur as a result of the Modified Project. Overall, the proposed modifications to the Original Project that constitute the Modified Project would result in no new impact or mitigation information of substantial importance that would generate new, more severe impacts or require new mitigation measures compared to those identified for the Original Project in the adopted Final EIR.
Therefore, the City of Port Hueneme concludes that the analyses conducted, the conclusions reached, and the mitigation measures adopted in the Final EIR adopted on October 4, 2021, by the City of Port Hueneme, remain valid. As such, the Modified Project would not result in conditions identified in CEQA Guidelines Section 15162 requiring supplemental environmental review or a Subsequent EIR, and these are therefore not required for the Modified Project. It can be emphasized that the Modified Project would remain subject to all previously adopted mitigation measures included in the adopted Final EIR for the Original Project. The MMRP adopted for the Original Project on October 4, 2021, would remain applicable to the Modified Project. Based on the above analysis, this Addendum to the previously adopted Final EIR for the project has been prepared in accordance with Section 15164 of the CEQA Guidelines.
Agenda Item No. 13 Page 111 of 173 CC Agenda 12-16-2024 City of Port Hueneme
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76 This page left intentionally blank.
Agenda Item No. 13 Page 112 of 173 CC Agenda 12-16-2024 References and Preparers
Addendum to the City of Port Hueneme’s 2021 General Plan Environmental Impact Report 77 5 References and Preparers
References
California Department of Finance (DOF). 2023. E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2023, with 2020 Benchmark. https://dof.ca.gov/wpcontent/uploads/sites/352/Forecasting/Demographics/Documents/E5_2023_InternetVersion.xlsx (accessed February 2024).
California Department of Transportation (Caltrans). 2019. California State Scenic Highway System Map.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e80 57116f1aacaa (accessed January 2024).
County of Ventura. 2004. Airport Master Plan for Oxnard Airport. https://vcportal.ventura.org/AIRPORTS/docs/document_library/Master_Plan_OXR_2004.pdf (accessed January 2024).
Port Hueneme Water Agency (PHWA). 2021. 2020 Urban Water Management Plan. https://www.ci.port-hueneme.ca.us/DocumentCenter/View/4259/MKN-Port-HuenemeWater-Agency-UWMP-2020-Final?bidId= (accessed January 2024).
Southern California Association of Governments (SCAG). 2020. Final Connect SoCal 2020. https://scag.ca.gov/sites/main/files/file-attachments/0903fconnectsocal_demographics-andgrowth-forecast.pdf?1606001579 (accessed February 2024).
Ventura Regional Sanitation District (VRSD). 2019. Comprehensive Annual Financial Report. https://www.vrsd.com/wp-content/uploads/2019/12/VRSD_2019_CAFR_- _Complete.pdf (accessed January 2024).
List of Preparers
This Addendum was prepared by Rincon Consultants, Inc. under the contract to the City of Port Hueneme. Persons and firms involved in data gathering, analysis, project management, and quality control include:
Rincon Consultants, Inc.
Deanna Hansen, Principal in Charge
Lauren Reese, Project Manager
Lillie Colville, Environmental Planner
Lucas Carneiro, Air Quality & GHG Specialist
Agenda Item No. 13 Page 113 of 173 CC Agenda 12-16-2024 City of Port Hueneme
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Agenda Item No. 13 Page 114 of 173 CC Agenda 12-16-2024 Appendix A
CalEEMod Calculations
Agenda Item No. 13 Page 115 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 1 / 29
Port Hueneme Missing Middle Housing Overlay NIO Detailed Report Table of Contents
1. Basic Project Information
1.1. Basic Project Information
1.2. Land Use Types
1.3. User-Selected Emission Reduction Measures by Emissions Sector
2. Emissions Summary
2.4. Operations Emissions Compared Against Thresholds
2.5. Operations Emissions by Sector, Unmitigated
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
4.3. Area Emissions by Source
Agenda Item No. 13 Page 116 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 2 / 29
4.3.1. Unmitigated
4.4. Water Emissions by Land Use
4.4.1. Unmitigated
4.5. Waste Emissions by Land Use
4.5.1. Unmitigated
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Agenda Item No. 13 Page 117 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 3 / 29
5. Activity Data
5.9. Operational Mobile Sources
5.9.1. Unmitigated
5.10. Operational Area Sources
5.10.1. Hearths
5.10.1.1. Unmitigated
5.10.2. Architectural Coatings
5.10.3. Landscape Equipment
5.11. Operational Energy Consumption
5.11.1. Unmitigated
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
5.13. Operational Waste Generation
5.13.1. Unmitigated
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
5.15. Operational Off-Road Equipment
Agenda Item No. 13 Page 118 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 4 / 29
5.15.1. Unmitigated
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
5.16.2. Process Boilers
5.17. User Defined
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
5.18.2. Sequestration
5.18.2.1. Unmitigated
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
6.2. Initial Climate Risk Scores
6.3. Adjusted Climate Risk Scores
6.4. Climate Risk Reduction Measures
Agenda Item No. 13 Page 119 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 5 / 29
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
7.2. Healthy Places Index Scores
7.3. Overall Health & Equity Scores
7.4. Health & Equity Measures
7.5. Evaluation Scorecard
7.6. Health & Equity Custom Measures
8. User Changes to Default Data
Agenda Item No. 13 Page 120 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 6 / 29
1. Basic Project Information
1.1. Basic Project Information
Data Field Value
Project Name Port Hueneme Missing Middle Housing Overlay NIO Operational Year 2045
Lead Agency —
Land Use Scale Plan/community
Analysis Level for Defaults County
Windspeed (m/s) 3.20
Precipitation (days) 16.0
Location 34.15254255220596, -119.19638770647714
County Ventura
City Port Hueneme
Air District Ventura County APCD
Air Basin South Central Coast
TAZ 3418
EDFZ 8
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.21
1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq ft)
Population Description
Apartments Mid Rise 1,354 Dwelling Unit 80.5 1,299,840 0.00 — 4,076 — Agenda Item No. 13 Page 121 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 7 / 29
1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected
2. Emissions Summary
2.4. Operations Emissions Compared Against Thresholds
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 24.3 52.7 13.9 184 0.34 0.53 35.6 36.1 0.51 9.01 9.52 638 40,417 41,055 66.1 1.52 18.6 43,178 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 17.4 46.1 14.2 106 0.32 0.49 35.6 36.0 0.49 9.01 9.49 638 39,122 39,760 66.1 1.61 9.55 41,902 Average
Daily
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 19.8 48.4 13.8 137 0.31 0.51 33.4 34.0 0.49 8.47 8.97 638 37,921 38,559 66.1 1.52 13.1 40,676 Annual
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 3.61 8.84 2.53 25.1 0.06 0.09 6.10 6.20 0.09 1.55 1.64 106 6,278 6,384 10.9 0.25 2.17 6,734
2.5. Operations Emissions by Sector, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 122 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 8 / 29
Mobile 16.7 15.8 8.48 105 0.30 0.12 35.6 35.7 0.11 9.01 9.11 — 30,728 30,728 1.05 1.21 9.30 31,126 Area 7.05 36.7 0.71 77.2 < 0.005 0.03 — 0.03 0.03 — 0.03 0.00 205 205 0.01 < 0.005 — 206 Energy 0.55 0.27 4.68 1.99 0.03 0.38 — 0.38 0.38 — 0.38 — 9,234 9,234 0.94 0.06 — 9,276 Water — — — — — — — — — — — 98.3 250 348 10.1 0.24 — 673 Waste — — — — — — — — — — — 540 0.00 540 53.9 0.00 — 1,888 Refrig. — — — — — — — — — — — — — — — — 9.31 9.31
Total 24.3 52.7 13.9 184 0.34 0.53 35.6 36.1 0.51 9.01 9.52 638 40,417 41,055 66.1 1.52 18.6 43,178 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Mobile 16.8 15.8 9.56 104 0.29 0.12 35.6 35.7 0.11 9.01 9.11 — 29,638 29,638 1.14 1.30 0.24 30,055 Area 0.00 30.0 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Energy 0.55 0.27 4.68 1.99 0.03 0.38 — 0.38 0.38 — 0.38 — 9,234 9,234 0.94 0.06 — 9,276 Water — — — — — — — — — — — 98.3 250 348 10.1 0.24 — 673 Waste — — — — — — — — — — — 540 0.00 540 53.9 0.00 — 1,888 Refrig. — — — — — — — — — — — — — — — — 9.31 9.31
Total 17.4 46.1 14.2 106 0.32 0.49 35.6 36.0 0.49 9.01 9.49 638 39,122 39,760 66.1 1.61 9.55 41,902 Average
Daily
— — — — — — — — — — — — — — — — — —
Mobile 15.8 14.8 8.82 97.2 0.28 0.11 33.4 33.6 0.10 8.47 8.58 — 28,336 28,336 1.05 1.21 3.82 28,728 Area 3.47 33.3 0.35 38.1 < 0.005 0.02 — 0.02 0.01 — 0.01 0.00 101 101 < 0.005 < 0.005 — 102 Energy 0.55 0.27 4.68 1.99 0.03 0.38 — 0.38 0.38 — 0.38 — 9,234 9,234 0.94 0.06 — 9,276 Water — — — — — — — — — — — 98.3 250 348 10.1 0.24 — 673 Waste — — — — — — — — — — — 540 0.00 540 53.9 0.00 — 1,888 Refrig. — — — — — — — — — — — — — — — — 9.31 9.31
Total 19.8 48.4 13.8 137 0.31 0.51 33.4 34.0 0.49 8.47 8.97 638 37,921 38,559 66.1 1.52 13.1 40,676 Annual — — — — — — — — — — — — — — — — — —
Mobile 2.88 2.71 1.61 17.7 0.05 0.02 6.10 6.12 0.02 1.55 1.57 — 4,691 4,691 0.17 0.20 0.63 4,756 Area 0.63 6.08 0.06 6.95 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 0.00 16.8 16.8 < 0.005 < 0.005 — 16.8 Agenda Item No. 13 Page 123 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 9 / 29
Energy 0.10 0.05 0.85 0.36 0.01 0.07 — 0.07 0.07 — 0.07 — 1,529 1,529 0.16 0.01 — 1,536 Water — — — — — — — — — — — 16.3 41.3 57.6 1.67 0.04 — 111 Waste — — — — — — — — — — — 89.3 0.00 89.3 8.93 0.00 — 313 Refrig. — — — — — — — — — — — — — — — — 1.54 1.54
Total 3.61 8.84 2.53 25.1 0.06 0.09 6.10 6.20 0.09 1.55 1.64 106 6,278 6,384 10.9 0.25 2.17 6,734
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
16.7 15.8 8.48 105 0.30 0.12 35.6 35.7 0.11 9.01 9.11 — 30,728 30,728 1.05 1.21 9.30 31,126 Total 16.7 15.8 8.48 105 0.30 0.12 35.6 35.7 0.11 9.01 9.11 — 30,728 30,728 1.05 1.21 9.30 31,126 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
16.8 15.8 9.56 104 0.29 0.12 35.6 35.7 0.11 9.01 9.11 — 29,638 29,638 1.14 1.30 0.24 30,055 Total 16.8 15.8 9.56 104 0.29 0.12 35.6 35.7 0.11 9.01 9.11 — 29,638 29,638 1.14 1.30 0.24 30,055 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
2.88 2.71 1.61 17.7 0.05 0.02 6.10 6.12 0.02 1.55 1.57 — 4,691 4,691 0.17 0.20 0.63 4,756 Agenda Item No. 13 Page 124 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 10 / 29
Total 2.88 2.71 1.61 17.7 0.05 0.02 6.10 6.12 0.02 1.55 1.57 — 4,691 4,691 0.17 0.20 0.63 4,756
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — 3,291 3,291 0.42 0.05 — 3,316
Total — — — — — — — — — — — — 3,291 3,291 0.42 0.05 — 3,316 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — 3,291 3,291 0.42 0.05 — 3,316
Total — — — — — — — — — — — — 3,291 3,291 0.42 0.05 — 3,316 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — 545 545 0.07 0.01 — 549
Total — — — — — — — — — — — — 545 545 0.07 0.01 — 549
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Agenda Item No. 13 Page 125 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 11 / 29
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
0.55 0.27 4.68 1.99 0.03 0.38 — 0.38 0.38 — 0.38 — 5,943 5,943 0.53 0.01 — 5,959 Total 0.55 0.27 4.68 1.99 0.03 0.38 — 0.38 0.38 — 0.38 — 5,943 5,943 0.53 0.01 — 5,959 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
0.55 0.27 4.68 1.99 0.03 0.38 — 0.38 0.38 — 0.38 — 5,943 5,943 0.53 0.01 — 5,959 Total 0.55 0.27 4.68 1.99 0.03 0.38 — 0.38 0.38 — 0.38 — 5,943 5,943 0.53 0.01 — 5,959 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
0.10 0.05 0.85 0.36 0.01 0.07 — 0.07 0.07 — 0.07 — 984 984 0.09 < 0.005 — 987 Total 0.10 0.05 0.85 0.36 0.01 0.07 — 0.07 0.07 — 0.07 — 984 984 0.09 < 0.005 — 987
4.3. Area Emissions by Source
4.3.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Hearths 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Consum
er
Products
— 27.8 — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 126 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 12 / 29
Architect — 2.23 — — — — — — — — — — — — — — — —
ural
Landsca
pe
Equipme
nt
7.05 6.67 0.71 77.2 < 0.005 0.03 — 0.03 0.03 — 0.03 — 205 205 0.01 < 0.005 — 206 Total 7.05 36.7 0.71 77.2 < 0.005 0.03 — 0.03 0.03 — 0.03 0.00 205 205 0.01 < 0.005 — 206 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Hearths 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Consum
er
Products
— 27.8 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 2.23 — — — — — — — — — — — — — — — —
Total 0.00 30.0 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Annual — — — — — — — — — — — — — — — — — —
Hearths 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Consum
er
Products
— 5.08 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 0.41 — — — — — — — — — — — — — — — —
Landsca
pe
Equipme
nt
0.63 0.60 0.06 6.95 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 16.8 16.8 < 0.005 < 0.005 — 16.8 Total 0.63 6.08 0.06 6.95 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 0.00 16.8 16.8 < 0.005 < 0.005 — 16.8
4.4. Water Emissions by Land Use
Agenda Item No. 13 Page 127 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 13 / 29
4.4.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 98.3 250 348 10.1 0.24 — 673
Total — — — — — — — — — — — 98.3 250 348 10.1 0.24 — 673 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 98.3 250 348 10.1 0.24 — 673
Total — — — — — — — — — — — 98.3 250 348 10.1 0.24 — 673 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 16.3 41.3 57.6 1.67 0.04 — 111
Total — — — — — — — — — — — 16.3 41.3 57.6 1.67 0.04 — 111
4.5. Waste Emissions by Land Use
4.5.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Agenda Item No. 13 Page 128 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 14 / 29
Daily, — — — — — — — — — — — — — — — — — —
Summer
(Max)
Apartme
nts
Mid Rise
— — — — — — — — — — — 540 0.00 540 53.9 0.00 — 1,888
Total — — — — — — — — — — — 540 0.00 540 53.9 0.00 — 1,888 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 540 0.00 540 53.9 0.00 — 1,888
Total — — — — — — — — — — — 540 0.00 540 53.9 0.00 — 1,888 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 89.3 0.00 89.3 8.93 0.00 — 313
Total — — — — — — — — — — — 89.3 0.00 89.3 8.93 0.00 — 313
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — — — — — 9.31 9.31
Total — — — — — — — — — — — — — — — — 9.31 9.31
Agenda Item No. 13 Page 129 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 15 / 29
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — — — — — 9.31 9.31
Total — — — — — — — — — — — — — — — — 9.31 9.31
Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — — — — — 1.54 1.54
Total — — — — — — — — — — — — — — — — 1.54 1.54
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 130 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 16 / 29
4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 131 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 17 / 29
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetatio
n
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 132 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 18 / 29
Daily, — — — — — — — — — — — — — — — — — —
Winter
(Max)
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 133 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 19 / 29
Remove — — — — — — — — — — — — — — — — — —
d
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
5. Activity Data
5.9. Operational Mobile Sources
5.9.1. Unmitigated
Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Apartments Mid Rise 7,366 6,648 5,538 2,555,772 50,494 45,574 37,963 17,520,383
5.10. Operational Area Sources
5.10.1. Hearths
5.10.1.1. Unmitigated
Hearth Type
Agenda Item No. 13 Page 134 of 173
Unmitigated (number)
CC Agenda 12-16-2024
Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 20 / 29
Apartments Mid Rise —
Wood Fireplaces 0
Gas Fireplaces 0
Propane Fireplaces 0
Electric Fireplaces 0
No Fireplaces 1354
Conventional Wood Stoves 0
Catalytic Wood Stoves 0
Non-Catalytic Wood Stoves 0
Pellet Wood Stoves 0
5.10.2. Architectural Coatings
Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft)
Non-Residential Exterior Area Coated
(sq ft)
Parking Area Coated (sq ft)
2632176 877,392 0.00 0.00 —
5.10.3. Landscape Equipment
Season Unit Value
Snow Days day/yr 0.00
Summer Days day/yr 180
5.11. Operational Energy Consumption
5.11.1. Unmitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) Apartments Mid Rise 4,605,824 261 0.0330 0.0040 18,543,259 Agenda Item No. 13 Page 135 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 21 / 29
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
Land Use Indoor Water (gal/year) Outdoor Water (gal/year) Apartments Mid Rise 51,321,237 0.00
5.13. Operational Waste Generation
5.13.1. Unmitigated
Land Use Waste (ton/year) Cogeneration (kWh/year)
Apartments Mid Rise 1,001 —
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
Land Use Type Equipment Type Refrigerant GWP Quantity (kg) Operations Leak Rate Service Leak Rate Times Serviced Apartments Mid Rise Average room A/C &
Other residential A/C
and heat pumps
R-410A 2,088 < 0.005 2.50 2.50 10.0
Apartments Mid Rise Household refrigerators
and/or freezers
R-134a 1,430 0.12 0.60 0.00 1.00
5.15. Operational Off-Road Equipment
5.15.1. Unmitigated
Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Agenda Item No. 13 Page 136 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 22 / 29
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor
5.16.2. Process Boilers
Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr) Daily Heat Input (MMBtu/day) Annual Heat Input (MMBtu/yr)
5.17. User Defined
Equipment Type Fuel Type
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres
5.18.2. Sequestration
5.18.2.1. Unmitigated
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Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100.
Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 10.3 annual days of extreme heat Extreme Precipitation 4.65 annual days with precipitation above 20 mm Sea Level Rise — meters of inundation depth
Wildfire 9.96 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (Radke et al., 2017, CEC-500-2017-008), and consider inundation location and depth for the San Francisco Bay, the Sacramento-San Joaquin River Delta and California coast resulting different increments of sea level rise coupled with extreme storm events.
Users may select from four scenarios to view the range in potential inundation depth for the grid cell. The four scenarios are: No rise, 0.5 meter, 1.0 meter, 1.41 meters Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 0 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 0 0 0 N/A
Wildfire 0 0 0 N/A
Flooding N/A N/A N/A N/A
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Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 0 0 0 N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.
6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 1 1 2
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 1 1 2
Wildfire 1 1 1 2
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 1 1 1 2
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.
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Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 24.9
AQ-PM 31.9
AQ-DPM 86.3
Drinking Water 74.1
Lead Risk Housing 59.4
Pesticides 0.00
Toxic Releases 99.9
Traffic 20.9
Effect Indicators —
CleanUp Sites 80.1
Groundwater 98.0
Haz Waste Facilities/Generators 16.6
Impaired Water Bodies 91.9
Solid Waste 42.3
Sensitive Population —
Asthma 57.7
Cardio-vascular 45.5
Low Birth Weights 86.2
Socioeconomic Factor Indicators —
Education 71.6
Housing 55.5
Linguistic 47.1
Poverty 78.9
Unemployment 53.9
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7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
Indicator Result for Project Census Tract
Economic —
Above Poverty 63.14641345
Employed 58.03926601
Median HI 51.90555627
Education —
Bachelor's or higher 42.28153471
High school enrollment 100
Preschool enrollment 23.52110869
Transportation —
Auto Access 25.92069806
Active commuting 59.2839728
Social —
2-parent households 9.842166046
Voting 51.87989221
Neighborhood —
Alcohol availability 28.42294367
Park access 81.35506224
Retail density 62.51764404
Supermarket access 16.37366868
Tree canopy 37.80315668
Housing —
Homeownership 26.89593225
Housing habitability 41.07532401
Low-inc homeowner severe housing cost burden 32.09290389 Agenda Item No. 13 Page 141 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 27 / 29
Low-inc renter severe housing cost burden 52.22635699
Uncrowded housing 38.58591043
Health Outcomes —
Insured adults 48.58206082
Arthritis 0.0
Asthma ER Admissions 43.1
High Blood Pressure 0.0
Cancer (excluding skin) 0.0
Asthma 0.0
Coronary Heart Disease 0.0
Chronic Obstructive Pulmonary Disease 0.0
Diagnosed Diabetes 0.0
Life Expectancy at Birth 36.8
Cognitively Disabled 19.2
Physically Disabled 71.5
Heart Attack ER Admissions 43.7
Mental Health Not Good 0.0
Chronic Kidney Disease 0.0
Obesity 0.0
Pedestrian Injuries 19.6
Physical Health Not Good 0.0
Stroke 0.0
Health Risk Behaviors —
Binge Drinking 0.0
Current Smoker 0.0
No Leisure Time for Physical Activity 0.0
Climate Change Exposures —
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Wildfire Risk 0.0
SLR Inundation Area 15.4
Children 31.0
Elderly 42.6
English Speaking 56.3
Foreign-born 40.1
Outdoor Workers 38.0
Climate Change Adaptive Capacity —
Impervious Surface Cover 55.2
Traffic Density 10.5
Traffic Access 23.0
Other Indices —
Hardship 51.4
Other Decision Support —
2016 Voting 53.9
7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 80.0 Healthy Places Index Score for Project Location (b) 44.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) No Project Located in a Low-Income Community (Assembly Bill 1550) Yes Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
7.4. Health & Equity Measures
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No Health & Equity Measures selected.
7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.
7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.
8. User Changes to Default Data
Screen Justification
Land Use "Existing Conditions" prior to (1) increasing density of R-4 from 25 du/ac to 30 du/ac and (2) new neighborhood infill overlay.
Operations: Vehicle Data Consistent with ATE Traffic Study, June 2 2021. Multi Family trip gen rate (ITE Trip Gen 10th edition) Agenda Item No. 13 Page 144 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 1 / 29
Port Hueneme Missing Middle Housing Overlay NIO Detailed Report Table of Contents
1. Basic Project Information
1.1. Basic Project Information
1.2. Land Use Types
1.3. User-Selected Emission Reduction Measures by Emissions Sector
2. Emissions Summary
2.4. Operations Emissions Compared Against Thresholds
2.5. Operations Emissions by Sector, Unmitigated
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
4.3. Area Emissions by Source
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4.3.1. Unmitigated
4.4. Water Emissions by Land Use
4.4.1. Unmitigated
4.5. Waste Emissions by Land Use
4.5.1. Unmitigated
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Agenda Item No. 13 Page 146 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 3 / 29
5. Activity Data
5.9. Operational Mobile Sources
5.9.1. Unmitigated
5.10. Operational Area Sources
5.10.1. Hearths
5.10.1.1. Unmitigated
5.10.2. Architectural Coatings
5.10.3. Landscape Equipment
5.11. Operational Energy Consumption
5.11.1. Unmitigated
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
5.13. Operational Waste Generation
5.13.1. Unmitigated
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
5.15. Operational Off-Road Equipment
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5.15.1. Unmitigated
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
5.16.2. Process Boilers
5.17. User Defined
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
5.18.2. Sequestration
5.18.2.1. Unmitigated
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
6.2. Initial Climate Risk Scores
6.3. Adjusted Climate Risk Scores
6.4. Climate Risk Reduction Measures
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7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
7.2. Healthy Places Index Scores
7.3. Overall Health & Equity Scores
7.4. Health & Equity Measures
7.5. Evaluation Scorecard
7.6. Health & Equity Custom Measures
8. User Changes to Default Data
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1. Basic Project Information
1.1. Basic Project Information
Data Field Value
Project Name Port Hueneme Missing Middle Housing Overlay NIO Operational Year 2045
Lead Agency —
Land Use Scale Plan/community
Analysis Level for Defaults County
Windspeed (m/s) 3.20
Precipitation (days) 16.0
Location 34.15254255220596, -119.19638770647714
County Ventura
City Port Hueneme
Air District Ventura County APCD
Air Basin South Central Coast
TAZ 3418
EDFZ 8
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.21
1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq ft)
Population Description
Apartments Mid Rise 2,227 Dwelling Unit 80.5 2,137,920 0.00 — 6,703 — Agenda Item No. 13 Page 150 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 7 / 29
1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected
2. Emissions Summary
2.4. Operations Emissions Compared Against Thresholds
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 40.0 86.7 22.8 303 0.55 0.87 58.5 59.3 0.84 14.8 15.7 1,049 66,476 67,525 109 2.50 30.6 71,017 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 28.5 75.8 23.4 174 0.53 0.81 58.5 59.3 0.80 14.8 15.6 1,049 64,346 65,395 109 2.64 15.7 68,918 Average
Daily
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 32.6 79.7 22.8 226 0.51 0.83 55.0 55.8 0.81 13.9 14.7 1,049 62,370 63,419 109 2.50 21.6 66,902 Annual
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 5.95 14.5 4.16 41.2 0.09 0.15 10.0 10.2 0.15 2.54 2.69 174 10,326 10,500 18.0 0.41 3.57 11,076
2.5. Operations Emissions by Sector, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 151 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 8 / 29
Mobile 27.5 25.9 13.9 173 0.50 0.19 58.5 58.7 0.18 14.8 15.0 — 50,541 50,541 1.73 2.00 15.3 51,194 Area 11.6 60.4 1.17 127 0.01 0.06 — 0.06 0.04 — 0.04 0.00 338 338 0.01 < 0.005 — 339 Energy 0.90 0.45 7.70 3.28 0.05 0.62 — 0.62 0.62 — 0.62 — 15,187 15,187 1.55 0.10 — 15,256 Water — — — — — — — — — — — 162 411 572 16.6 0.40 — 1,108 Waste — — — — — — — — — — — 887 0.00 887 88.7 0.00 — 3,105 Refrig. — — — — — — — — — — — — — — — — 15.3 15.3
Total 40.0 86.7 22.8 303 0.55 0.87 58.5 59.3 0.84 14.8 15.7 1,049 66,476 67,525 109 2.50 30.6 71,017 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Mobile 27.6 26.0 15.7 171 0.48 0.19 58.5 58.7 0.18 14.8 15.0 — 48,748 48,748 1.88 2.14 0.40 49,434 Area 0.00 49.4 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Energy 0.90 0.45 7.70 3.28 0.05 0.62 — 0.62 0.62 — 0.62 — 15,187 15,187 1.55 0.10 — 15,256 Water — — — — — — — — — — — 162 411 572 16.6 0.40 — 1,108 Waste — — — — — — — — — — — 887 0.00 887 88.7 0.00 — 3,105 Refrig. — — — — — — — — — — — — — — — — 15.3 15.3
Total 28.5 75.8 23.4 174 0.53 0.81 58.5 59.3 0.80 14.8 15.6 1,049 64,346 65,395 109 2.64 15.7 68,918 Average
Daily
— — — — — — — — — — — — — — — — — —
Mobile 26.0 24.4 14.5 160 0.46 0.18 55.0 55.2 0.17 13.9 14.1 — 46,606 46,606 1.73 2.00 6.28 47,251 Area 5.71 54.8 0.58 62.6 < 0.005 0.03 — 0.03 0.02 — 0.02 0.00 167 167 0.01 < 0.005 — 167 Energy 0.90 0.45 7.70 3.28 0.05 0.62 — 0.62 0.62 — 0.62 — 15,187 15,187 1.55 0.10 — 15,256 Water — — — — — — — — — — — 162 411 572 16.6 0.40 — 1,108 Waste — — — — — — — — — — — 887 0.00 887 88.7 0.00 — 3,105 Refrig. — — — — — — — — — — — — — — — — 15.3 15.3
Total 32.6 79.7 22.8 226 0.51 0.83 55.0 55.8 0.81 13.9 14.7 1,049 62,370 63,419 109 2.50 21.6 66,902 Annual — — — — — — — — — — — — — — — — — —
Mobile 4.74 4.45 2.65 29.2 0.08 0.03 10.0 10.1 0.03 2.54 2.57 — 7,716 7,716 0.29 0.33 1.04 7,823 Area 1.04 10.0 0.10 11.4 < 0.005 0.01 — 0.01 < 0.005 — < 0.005 0.00 27.6 27.6 < 0.005 < 0.005 — 27.7 Agenda Item No. 13 Page 152 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 9 / 29
Energy 0.16 0.08 1.41 0.60 0.01 0.11 — 0.11 0.11 — 0.11 — 2,514 2,514 0.26 0.02 — 2,526 Water — — — — — — — — — — — 26.8 68.0 94.8 2.75 0.07 — 183 Waste — — — — — — — — — — — 147 0.00 147 14.7 0.00 — 514 Refrig. — — — — — — — — — — — — — — — — 2.54 2.54
Total 5.95 14.5 4.16 41.2 0.09 0.15 10.0 10.2 0.15 2.54 2.69 174 10,326 10,500 18.0 0.41 3.57 11,076
4. Operations Emissions Details
4.1. Mobile Emissions by Land Use
4.1.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
27.5 25.9 13.9 173 0.50 0.19 58.5 58.7 0.18 14.8 15.0 — 50,541 50,541 1.73 2.00 15.3 51,194 Total 27.5 25.9 13.9 173 0.50 0.19 58.5 58.7 0.18 14.8 15.0 — 50,541 50,541 1.73 2.00 15.3 51,194 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
27.6 26.0 15.7 171 0.48 0.19 58.5 58.7 0.18 14.8 15.0 — 48,748 48,748 1.88 2.14 0.40 49,434 Total 27.6 26.0 15.7 171 0.48 0.19 58.5 58.7 0.18 14.8 15.0 — 48,748 48,748 1.88 2.14 0.40 49,434 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
4.74 4.45 2.65 29.2 0.08 0.03 10.0 10.1 0.03 2.54 2.57 — 7,716 7,716 0.29 0.33 1.04 7,823 Agenda Item No. 13 Page 153 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 10 / 29
Total 4.74 4.45 2.65 29.2 0.08 0.03 10.0 10.1 0.03 2.54 2.57 — 7,716 7,716 0.29 0.33 1.04 7,823
4.2. Energy
4.2.1. Electricity Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — 5,413 5,413 0.68 0.08 — 5,454
Total — — — — — — — — — — — — 5,413 5,413 0.68 0.08 — 5,454 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — 5,413 5,413 0.68 0.08 — 5,454
Total — — — — — — — — — — — — 5,413 5,413 0.68 0.08 — 5,454 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — 896 896 0.11 0.01 — 903
Total — — — — — — — — — — — — 896 896 0.11 0.01 — 903
4.2.3. Natural Gas Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Agenda Item No. 13 Page 154 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 11 / 29
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
0.90 0.45 7.70 3.28 0.05 0.62 — 0.62 0.62 — 0.62 — 9,775 9,775 0.87 0.02 — 9,802 Total 0.90 0.45 7.70 3.28 0.05 0.62 — 0.62 0.62 — 0.62 — 9,775 9,775 0.87 0.02 — 9,802 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
0.90 0.45 7.70 3.28 0.05 0.62 — 0.62 0.62 — 0.62 — 9,775 9,775 0.87 0.02 — 9,802 Total 0.90 0.45 7.70 3.28 0.05 0.62 — 0.62 0.62 — 0.62 — 9,775 9,775 0.87 0.02 — 9,802 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
0.16 0.08 1.41 0.60 0.01 0.11 — 0.11 0.11 — 0.11 — 1,618 1,618 0.14 < 0.005 — 1,623 Total 0.16 0.08 1.41 0.60 0.01 0.11 — 0.11 0.11 — 0.11 — 1,618 1,618 0.14 < 0.005 — 1,623
4.3. Area Emissions by Source
4.3.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Hearths 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Consum
er
Products
— 45.8 — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 155 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 12 / 29
Architect — 3.67 — — — — — — — — — — — — — — — —
ural
Landsca
pe
Equipme
nt
11.6 11.0 1.17 127 0.01 0.06 — 0.06 0.04 — 0.04 — 338 338 0.01 < 0.005 — 339 Total 11.6 60.4 1.17 127 0.01 0.06 — 0.06 0.04 — 0.04 0.00 338 338 0.01 < 0.005 — 339 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Hearths 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Consum
er
Products
— 45.8 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 3.67 — — — — — — — — — — — — — — — —
Total 0.00 49.4 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Annual — — — — — — — — — — — — — — — — — —
Hearths 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 Consum
er
Products
— 8.35 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 0.67 — — — — — — — — — — — — — — — —
Landsca
pe
Equipme
nt
1.04 0.99 0.10 11.4 < 0.005 0.01 — 0.01 < 0.005 — < 0.005 — 27.6 27.6 < 0.005 < 0.005 — 27.7 Total 1.04 10.0 0.10 11.4 < 0.005 0.01 — 0.01 < 0.005 — < 0.005 0.00 27.6 27.6 < 0.005 < 0.005 — 27.7
4.4. Water Emissions by Land Use
Agenda Item No. 13 Page 156 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 13 / 29
4.4.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 162 411 572 16.6 0.40 — 1,108
Total — — — — — — — — — — — 162 411 572 16.6 0.40 — 1,108 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 162 411 572 16.6 0.40 — 1,108
Total — — — — — — — — — — — 162 411 572 16.6 0.40 — 1,108 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 26.8 68.0 94.8 2.75 0.07 — 183
Total — — — — — — — — — — — 26.8 68.0 94.8 2.75 0.07 — 183
4.5. Waste Emissions by Land Use
4.5.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Agenda Item No. 13 Page 157 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 14 / 29
Daily, — — — — — — — — — — — — — — — — — —
Summer
(Max)
Apartme
nts
Mid Rise
— — — — — — — — — — — 887 0.00 887 88.7 0.00 — 3,105
Total — — — — — — — — — — — 887 0.00 887 88.7 0.00 — 3,105 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 887 0.00 887 88.7 0.00 — 3,105
Total — — — — — — — — — — — 887 0.00 887 88.7 0.00 — 3,105 Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — 147 0.00 147 14.7 0.00 — 514
Total — — — — — — — — — — — 147 0.00 147 14.7 0.00 — 514
4.6. Refrigerant Emissions by Land Use
4.6.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — — — — — 15.3 15.3
Total — — — — — — — — — — — — — — — — 15.3 15.3
Agenda Item No. 13 Page 158 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 15 / 29
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — — — — — 15.3 15.3
Total — — — — — — — — — — — — — — — — 15.3 15.3
Annual — — — — — — — — — — — — — — — — — —
Apartme
nts
Mid Rise
— — — — — — — — — — — — — — — — 2.54 2.54
Total — — — — — — — — — — — — — — — — 2.54 2.54
4.7. Offroad Emissions By Equipment Type
4.7.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 159 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 16 / 29
4.8. Stationary Emissions By Equipment Type
4.8.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.9. User Defined Emissions By Equipment Type
4.9.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 160 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 17 / 29
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetatio
n
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 161 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 18 / 29
Daily, — — — — — — — — — — — — — — — — — —
Winter
(Max)
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Agenda Item No. 13 Page 162 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 19 / 29
Remove — — — — — — — — — — — — — — — — — —
d
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
5. Activity Data
5.9. Operational Mobile Sources
5.9.1. Unmitigated
Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Apartments Mid Rise 12,115 10,935 9,108 4,203,622 83,050 74,959 62,440 28,816,760
5.10. Operational Area Sources
5.10.1. Hearths
5.10.1.1. Unmitigated
Hearth Type
Agenda Item No. 13 Page 163 of 173
Unmitigated (number)
CC Agenda 12-16-2024
Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 20 / 29
Apartments Mid Rise —
Wood Fireplaces 0
Gas Fireplaces 0
Propane Fireplaces 0
Electric Fireplaces 0
No Fireplaces 2227
Conventional Wood Stoves 0
Catalytic Wood Stoves 0
Non-Catalytic Wood Stoves 0
Pellet Wood Stoves 0
5.10.2. Architectural Coatings
Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft)
Non-Residential Exterior Area Coated
(sq ft)
Parking Area Coated (sq ft)
4329288 1,443,096 0.00 0.00 —
5.10.3. Landscape Equipment
Season Unit Value
Snow Days day/yr 0.00
Summer Days day/yr 180
5.11. Operational Energy Consumption
5.11.1. Unmitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) Apartments Mid Rise 7,575,458 261 0.0330 0.0040 30,499,141 Agenda Item No. 13 Page 164 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 21 / 29
5.12. Operational Water and Wastewater Consumption
5.12.1. Unmitigated
Land Use Indoor Water (gal/year) Outdoor Water (gal/year) Apartments Mid Rise 84,410,927 0.00
5.13. Operational Waste Generation
5.13.1. Unmitigated
Land Use Waste (ton/year) Cogeneration (kWh/year)
Apartments Mid Rise 1,647 —
5.14. Operational Refrigeration and Air Conditioning Equipment
5.14.1. Unmitigated
Land Use Type Equipment Type Refrigerant GWP Quantity (kg) Operations Leak Rate Service Leak Rate Times Serviced Apartments Mid Rise Average room A/C &
Other residential A/C
and heat pumps
R-410A 2,088 < 0.005 2.50 2.50 10.0
Apartments Mid Rise Household refrigerators
and/or freezers
R-134a 1,430 0.12 0.60 0.00 1.00
5.15. Operational Off-Road Equipment
5.15.1. Unmitigated
Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Agenda Item No. 13 Page 165 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 22 / 29
5.16. Stationary Sources
5.16.1. Emergency Generators and Fire Pumps
Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor
5.16.2. Process Boilers
Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr) Daily Heat Input (MMBtu/day) Annual Heat Input (MMBtu/yr)
5.17. User Defined
Equipment Type Fuel Type
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres
5.18.2. Sequestration
5.18.2.1. Unmitigated
Agenda Item No. 13 Page 166 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 23 / 29
Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100.
Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 10.3 annual days of extreme heat Extreme Precipitation 4.65 annual days with precipitation above 20 mm Sea Level Rise — meters of inundation depth
Wildfire 9.96 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (Radke et al., 2017, CEC-500-2017-008), and consider inundation location and depth for the San Francisco Bay, the Sacramento-San Joaquin River Delta and California coast resulting different increments of sea level rise coupled with extreme storm events.
Users may select from four scenarios to view the range in potential inundation depth for the grid cell. The four scenarios are: No rise, 0.5 meter, 1.0 meter, 1.41 meters Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 0 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 0 0 0 N/A
Wildfire 0 0 0 N/A
Flooding N/A N/A N/A N/A
Agenda Item No. 13 Page 167 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 24 / 29
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 0 0 0 N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.
6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 1 1 2
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 1 1 2
Wildfire 1 1 1 2
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 1 1 1 2
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.
Agenda Item No. 13 Page 168 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 25 / 29
Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 24.9
AQ-PM 31.9
AQ-DPM 86.3
Drinking Water 74.1
Lead Risk Housing 59.4
Pesticides 0.00
Toxic Releases 99.9
Traffic 20.9
Effect Indicators —
CleanUp Sites 80.1
Groundwater 98.0
Haz Waste Facilities/Generators 16.6
Impaired Water Bodies 91.9
Solid Waste 42.3
Sensitive Population —
Asthma 57.7
Cardio-vascular 45.5
Low Birth Weights 86.2
Socioeconomic Factor Indicators —
Education 71.6
Housing 55.5
Linguistic 47.1
Poverty 78.9
Unemployment 53.9
Agenda Item No. 13 Page 169 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 26 / 29
7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
Indicator Result for Project Census Tract
Economic —
Above Poverty 63.14641345
Employed 58.03926601
Median HI 51.90555627
Education —
Bachelor's or higher 42.28153471
High school enrollment 100
Preschool enrollment 23.52110869
Transportation —
Auto Access 25.92069806
Active commuting 59.2839728
Social —
2-parent households 9.842166046
Voting 51.87989221
Neighborhood —
Alcohol availability 28.42294367
Park access 81.35506224
Retail density 62.51764404
Supermarket access 16.37366868
Tree canopy 37.80315668
Housing —
Homeownership 26.89593225
Housing habitability 41.07532401
Low-inc homeowner severe housing cost burden 32.09290389 Agenda Item No. 13 Page 170 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 27 / 29
Low-inc renter severe housing cost burden 52.22635699
Uncrowded housing 38.58591043
Health Outcomes —
Insured adults 48.58206082
Arthritis 0.0
Asthma ER Admissions 43.1
High Blood Pressure 0.0
Cancer (excluding skin) 0.0
Asthma 0.0
Coronary Heart Disease 0.0
Chronic Obstructive Pulmonary Disease 0.0
Diagnosed Diabetes 0.0
Life Expectancy at Birth 36.8
Cognitively Disabled 19.2
Physically Disabled 71.5
Heart Attack ER Admissions 43.7
Mental Health Not Good 0.0
Chronic Kidney Disease 0.0
Obesity 0.0
Pedestrian Injuries 19.6
Physical Health Not Good 0.0
Stroke 0.0
Health Risk Behaviors —
Binge Drinking 0.0
Current Smoker 0.0
No Leisure Time for Physical Activity 0.0
Climate Change Exposures —
Agenda Item No. 13 Page 171 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 28 / 29
Wildfire Risk 0.0
SLR Inundation Area 15.4
Children 31.0
Elderly 42.6
English Speaking 56.3
Foreign-born 40.1
Outdoor Workers 38.0
Climate Change Adaptive Capacity —
Impervious Surface Cover 55.2
Traffic Density 10.5
Traffic Access 23.0
Other Indices —
Hardship 51.4
Other Decision Support —
2016 Voting 53.9
7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 80.0 Healthy Places Index Score for Project Location (b) 44.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) No Project Located in a Low-Income Community (Assembly Bill 1550) Yes Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
7.4. Health & Equity Measures
Agenda Item No. 13 Page 172 of 173 CC Agenda 12-16-2024 Port Hueneme Missing Middle Housing Overlay NIO Detailed Report, 2/8/2024 29 / 29
No Health & Equity Measures selected.
7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.
7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.
8. User Changes to Default Data
Screen Justification
Land Use "Future Conditions" resulting from from (1) increasing density of R-4 from 25 du/ac to 30 du/ac and (2) new neighborhood infill overlay.
Operations: Vehicle Data Consistent with ATE Traffic Study, June 2 2021. Multi Family trip gen rate (ITE Trip Gen 10th edition) Agenda Item No. 13 Page 173 of 173 CC Agenda 12-16-2024 DATE: December 16, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
Tony Stewart, AICP, Community and Economic Development Director SUBJECT: INTRODUCTION OF AN ORDINANCE APPROVING THE FOLLOWING
AMENDMENTS TO ARTICLE X OF THE PORT HUENEME MUNICIPAL
CODE: SECTION 10353 REGARDING ADMINISTRATIVE PERMITS;
SECTION 10355 REGARDING TEMPORARY USE AND SPECIAL EVENT PERMITS; SECTIONS 10481 AND 10482 REGARDING PERMITTED AND
CONDITIONALLY PERMITTED USES IN THE GENERAL COMMERCIAL
(C-1) ZONE; AND ADDING SECTIONS 10290-10295 REGARDING
STANDARDS FOR ALCOHOL BEVERAGE SALES AND TOBACCO
RETAILER ESTABLISHMENTS; AND TO FIND THE PROJECT EXEMPT FROM CEQA (PROJECT NO. PHZ-24-4)
RECOMMENDATION:
It is recommended the City Council:
1. Open the public hearing to take testimonial and documentary evidence; and
2. Close the public hearing and consider the evidence; and
3. Introduce for first reading, by title only, waiving further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Port Hueneme, California amending the following Sections of the Port Hueneme Municipal Code, Article X:
10353 as it relates to Administrative Permits; 10355, related to temporary uses; 10481 and 10482, related to land uses permitted or conditionally permitted in the General Commercial (C-1) zone, respectively; and to add new Sections 10290- 10295, related to standards for alcohol beverage sales establishments and tobacco retailers”; and
4. Find the project to be categorically exempt from CEQA; and
5. Take such additional, related, action that may be desirable.
BACKGROUND/ANALYSIS:
At the November 4 and 18 meetings, the City Council acted upon several proposed Municipal Code amendments pertaining to housing-related regulations, as well as minor non-residential Code clean-up items. Presenting the items not related to residential uses were primarily in response to inquiries received by staff and/or in support of the City’s Agenda Item No. 14 Page 1 of 81 CC Agenda 12-16-2024
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recently adopted Economic Development Plan. The items discussed herein are similarly in response to inquiries received and/or to support the Economic Development Plan.
ITEM 1. Administrative Permits
It is recommended that several sections of Port Hueneme Municipal Code Article X, Chapter 3, Section 10353, “Administrative Permits” be revised for the following reasons:
1. Delete Subsection 10353(A)(3), secondary housing units, as this type of development is now permitted by right per state law and the recently adopted Zoning Code updates approved by the City Council at their November 4 and 18 meetings.
2. Delete Subsection 10353(A)(4), the requirement that restaurants which have a Type 41 license from the state Alcohol Beverage Control (ABC) to sell beer and wine only (but not having a full bar or ability to serve other types of alcoholic beverages) to be required to obtain an Administrative Permit. By eliminating this step and allowing by right the sale of beer and wine, which is typically served with a meal, restaurants could expand their menus, sales, and thus, revenues, which would also benefit the City.
3. Provide a new set of procedures for a “Minor Use Permit” approval process. Minor Use Permits (MUPs) are a type of Conditional Use Permit (CUP) that is approved at a staff-level public hearing instead of the City Council. MUPs differ from CUPs since they are typically located within existing structures and do not require new construction. MUPs are common in many cities because they are generally less intensive than standard CUPs and because they are more business-friendly and require less staff time and resources to process. Further, Administrative Permits may be appealed or sent to the City Council by staff for final action. Note that ALL cannabis business types would continue to be approved by the City Council per a standard CUP, regardless of being located within an existing structure or requiring new construction.
4. Currently, Subsection 10353(B), “Application Submittal” contains a list of application submittal requirements which have become obsolete since the City transferred its permitting to the online OpenGov platform. Therefore, it is recommended this Subsection be modified and simplified as follows:
“Application Submittal. Applications for Administrative Permits shall be filed, along with payment of all fees, with the Department of Community and Economic Development and consist of the following information: shall include all of the required elements necessary to deem a formal application complete as contained in the documents kept on file with the Department of Community and Economic Development at the time of approval of this Section and as amended from time to time.”
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5. Currently, Administrative Permits are acted upon at noticed public hearings by the Development Review Committee (DRC), which consists of the Director of Community and Economic Development (Chair), Public Works Director and Chief of Police, or their designees. A designate of the Ventura County Fire Department is also invited to DRC meetings, but in a non-voting capacity. Since Administrative Permits are typically minor in nature and applications for such permits are reviewed by staff in each of the affected City (and County) departments prior to being deemed complete and being scheduled for a hearing, and to provide greater flexibility to schedule the hearings, it is recommended that Sections 10353(C) – (E) and (G) be amended to reflect decisions on Administrative Permits would be made by the Director of Community Development rather than the DRC. The ability for the Director to refer an application to the City Council for review if deemed necessary, and the ability for the Director’s decision to be appealed to the City Council for further action, would remain.
6. Finally, it is recommended “and Economic” be added to accurately reflect the current name of the Community and Economic Development Department throughout Section 10353.
A redlined of revised Section 10353 provided as Attachment A to this staff report, and a clean version of the revised text is provided within Exhibit A to the attached Ordinance.
ITEM 2. Temporary Uses
Requests for temporary uses can occur in many forms. For the past few years in Port Hueneme, they have generally fallen into two major categories: large-scale events centered around Hueneme Beach Park, or smaller events usually hosted by a business.
During this time, staff has fine-tuned the definitions and criteria for the different event types (including obtaining guidance from the California Coastal Commission’s staff for events occurring at Hueneme Beach Park), and the application submittal and approval processes.
Therefore, at this time, it is recommended that the previous requirements for temporary uses in the City be replaced with the requirements provided below for several reasons:
• including clearly indicating which type of use falls under the Temporary Use Permit, Special Event Permit-Staff Approved, or Special Event Permit-City Council approved provisions;
• providing clearer standards for uses such as sidewalk sales; • adding new provisions for cannabis, food truck and farmers market events; and • providing clearer standards for enforcement purposes.
A redlined of revised Section 10355 provided as Attachment B to this staff report, and a clean version of the revised text is provided within Exhibit A to the attached Ordinance.
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ITEM 3 Permitted Uses in C-1 Zone
It is recommended PHMC Section 10481(A), the list of uses permitted by right in the General Commercial (C-1) zone be amended as follows:
1. Proposed revision:
Add “Community Clinic licensed pursuant to California Government Code Section 65914.900”.
Reason for revision:
Assembly Bill 2085 (AB 2085), approved by Governor Newsom and filed with the Secretary of State on September 28, 2024, requires that local governments allow community clinics by right in zones where office, retail, health care or parking are a principally permitted uses, subject to meeting the requirements of Government Code Section 65914.900, including that the community clinic is “licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code” (Govt.
Code Section 65914.900(a)(1).
2. Relocate the listing for liquor stores from this Section to Section 10482, Conditionally Permitted Uses in the C-1 Zone, per the discussions in Items 4 and 5, below.
3. Revise the listing for offices to add medical offices as an allowed use by right, rather than as a conditional use, since medical laboratories and other office uses are allowed by right in the C-1 zone.
4. Proposed revision:
Revise the listing for restaurant, tearoom, or café as follows:
“Restaurant, tearoom, or café, (including beverage Control Act Type 41 liquor license or similar license which allows the sales, service and consumption of beer or wine on premises in conjunction with a primary restaurant use and excluding dancing or entertainment)”
Reason for revision:
As discussed in Item #1, above, since staff is recommending that restaurants serving beer or wine with meals be allowed by right, instead of with an Administrative Permit, the revision noted above would ensure consistency with this permitting change.
5. Proposed revision:
Add the following to the last item in the list within Section 10481: Retail stores and business not otherwise specified above or within Section 10482.
Reason for revision:
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The addition of this clarifying language references Section 10482, which is the list of conditionally permitted uses in the C-1 zone.
A redlined of revised Section 10481 provided as Attachment C to this staff report, and a clean version of the revised text is provided within Exhibit A to the attached Ordinance.
ITEM 4 Conditionally Permitted Uses in C-1 Zone
It is recommended PHMC Section 10482, the list of uses which require a Minor Use Permit or Conditional Use Permit in the General Commercial (C-1) zone be amended as follows:
1. Revise the introductory paragraph to reflect the addition of the Minor Use Permit process discussed in Item #1 (3), above, as follows:
The following uses may be permitted in the C-1 Zone subject to the issuance of a Development Use Permit pursuant to Section 10352 or 10353; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Development Use Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:
2. Delete “and medical office buildings” from this list and allow them by right, per the discussion in Item 3, above.
3. Proposed revision:
Add distribution uses.
Reason for revision:
Staff continues to work with the cannabis businesses operating in the City to keep them competitive in the local marketplace. In doing so, staff heard from one of the cannabis businesses that stand-alone distribution operations would allow them to expand their dispensary operations, thus also benefitting their contribution to the City’s General Fund. Currently, distribution activities are only permitted in the C-1 zone as an ancillary component of a cannabis microbusiness. Otherwise, distribution is only allowed in the Light Industrial (M-1) zone. Requiring distribution as a conditionally permitted use will be consistent with the City’s Cannabis Ordinance, which requires all cannabis uses contain a Conditional Use Permit from the City Council. Further, listing this as a conditional use will provide the decision makers with greater discretionary approval by which to review each application.
4. Proposed revision:
Revise the listing regarding alcoholic beverages for on-site consumption as follows:
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Establishments for the sale of alcoholic beverages for on-site consumption on the premises except Beverage Control Act Type 41 licenses which may be permitted by issuance of an administrative permit pursuant to Section 10353.
Reason for revision:
This is a clean-up item, per the discussions above regarding allowing restaurants to serve beer and wine (Type 41 license) as a permitted use.
5. Proposed revision:
Add a new listing for alcoholic beverage sales (formerly listed as “liquor store in Section 10481) as follows:
Establishments for the sale of alcoholic beverages for off-site consumption other than those deemed exempt from the provisions of Section 10291.
Reason for revision:
While many cities require issuance of use permits for liquor stores, in the past, Port Hueneme has allowed this use by right. However, with the proliferation of liquor stores, along with smoke shops and other tobacco retailers (discussed in further detail, below), concerns have been raised regarding limiting the number these business establishments and making approval of new ones discretionary.
Requiring a use permit for new alcohol sales establishments will enable staff and the decision makers alike to determine whether the proposed business would have an impact on the public health, safety and welfare when determining if the business should be allowed to operate. Note: supermarkets and drug stores which limit amount of the of sales floor area devoted to alcohol sales, would be exempt.
6. Proposed revision:
Add a new listing for tobacco retailers as follows:
Tobacco retailers other than those deemed exempt from the provisions of Section 10292.
Reason for revision:
Similar to the discussion regarding liquor stores, above, requiring use permits for new tobacco retailers would provide the decision makers with discretionary authority over whether a proposed business would have an impact on the public health, safety and welfare.
Further discussion of the provisions for allowing existing alcohol beverage sales establishments and tobacco retailers to remain in operation, as well as permitting processes, is provided in Item 5, below.
7. Proposed revision:
Revise the text in the listing for “Arcades” to reflect “Use” vs. “Development” Permit and add “and Economic”.
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Reason for revision:
This will properly reflect the current name of the Community and Economic Development Department, per the discussions noted above.
A redlined of revised Section 10355 provided as Attachment D to this staff report, and a clean version of the revised text is provided within Exhibit A to the attached Ordinance.
ITEM 5 Special Requirements for Alcohol Beverage Sales Establishments and Tobacco Retailers
As discussed in Item 4, above, it is recommended Minor or Conditional Use Permits be required for most new alcohol beverage sales establishments and tobacco retailers.
However, 15 alcohol sales establishments exist in the City, with one additional pending, and 21 tobacco retailers exist in the City. To ensure these existing businesses are allowed to continue to operate, but in a manner that does not impact the public health and safety, a “deemed approved” ordinance is proposed as new Sections 10290-10295 of Chapter 2 of Article X.
“Grandfathered” vs. “Deemed Approved”
Typically, when a code is changed and a use can no longer meet part or all of the new standards, it is considered “grandfathered” and allowed to continue as-is. However, because the use of alcohol and tobacco are restricted to adults 21 years of age and older, and in an effort to ensure cannabis products are sold only by dispensaries that have been approved by the City Council, as well as to ensure the alcohol sales establishments and tobacco retailers do not have negative impacts on neighboring properties, such uses may be considered “deemed approved” rather than grandfathered.
A business considered deemed approved can then be required to operate per a specific set of criteria and standards, in order to maintain their deemed approved status and be allowed to continue operations per the conditions that existed before the code amendments. Otherwise, if the business is found not to be in compliance with the requirements for maintaining a deemed approved status, they could be required to then obtain a Conditional Use Permit from the City Council to continue operations, or other such remedy, including business license revocation. Simply being grandfathered would not provide the tools in which to require a business to modify any operations that were negatively impacting the community. The City’s Code Compliance staff would conduct annual inspections to ensure the businesses were being operated per the standards contained in the new ordinance.
Caps on # of Alcohol beverage sales establishments and tobacco retailers allowed With the City of Oxnard recently placing a cap on the number of tobacco retailers allowed to operate in that city, and therefore, to avoid an over-concentration of such businesses operating in Port Hueneme, it is recommended caps also be placed on the total number of retail alcoholic beverage sales establishments and tobacco retailers which maintain deemed approved status or require a use permit. This would be similar to the cap that Agenda Item No. 14 Page 7 of 81 CC Agenda 12-16-2024
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was placed on the total number of cannabis businesses allowed to operate in the City at any one time. The cap is proposed to be set at the current total of each type of business (16 alcoholic beverage sales establishments and 21 tobacco retailers, respectively), to ensure all existing businesses are provided the opportunity to continue to operate under the provisions of this new ordinance.
Summary of recommended Sections 10290-10295
Based on the above, it is recommended Sections 10290-10295, “Special requirements and regulations for alcoholic beverage sales establishments and tobacco retailers” be added to the Municipal Code. These Sections would establish:
• Criteria for which alcohol sales establishments and tobacco retailers would be considered “deemed approved”, which would require use permits, and which would be exempt;
• A cap on the total number of alcohol sales establishments and tobacco retailers that would be allowed to operate in the City at any given time; • Operational standards and conditions of approval for businesses requiring a use permit;
• Regulations for operating a deemed approved establishment and maintaining its deemed approved status;
• Annual inspection procedures;
• The process for modifying or revoking deemed approved status or a use permit, as the case may be.
A copy of the proposed text of Sections 10290-10295 is located in Attachment E to this staff report as well as within Exhibit A to the attached Ordinance.
FISCAL IMPACT:
None.
STRATEGIC PLAN:
Primary Strategic Pillar(s) and Initiative(s): (Use all that apply) Optimal Levels of Service for Residents and Businesses
• Promote operational excellence in all City functions and embody best practices as a municipality
• Increase communication, outreach and proactive engagement of all members of our population
Innovation & Opportunity
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• Retain and maximize opportunities for local businesses as the backbone of our community
• Leverage the existing programs, facilities and technologies of our stakeholders and partners to build new economic opportunities for all
• Invest in new programs and technologies to strengthen our economy and attract innovation
ATTACHMENTS:
A. Redlined text of Section 10353 – Administrative Permits B. Redlined text of Section 10355 – Temporary Uses
C. Redlined text of Section 10481 – Permitted Uses in the C-1 Zone D. Redlined text of Section 10482 – Conditionally Permitted Uses in the C-1 Zone E. Proposed text of Sections 10290-10295 – Special requirements and regulations for alcoholic beverage sales establishments and retailers F. Ordinance to amend the following Sections of the Port Hueneme Municipal Code, Article X: 10353 as it relates to Administrative Permit types; 10355, related to temporary use permit requirements; 10481 and 10482, related to land uses permitted or conditionally permitted in the General Commercial (C-1) zone, respectively; and to add new Section 10290-10295, related to standards for alcohol beverage sales establishments and tobacco retailers. a. Exhibit A to Ordinance – clean version of text for Sections 10290-10295, 10353, 10355, 10481, and 10482 G. CEQA Notice of Exemption
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ATTACHMENT A
Section 10353 – Administrative Permits.
A. General. Projects, other than those which are explicitly exempt under the provisions of Section 10584(A), requiring the issuance of Administrative Permits or which are otherwise subject to the development review procedures prescribed in this section include the following:
1. Planned Developments encompassing all projects, other than those specified in Section 10352(A)(1), which involve property situated within a PD Zone; and, projects involving the reconstruction, alteration or use of buildings located within the M-CR (Coastal-Related Industry) Zone situated seaward of the westerly prolongation of Port Hueneme Road;
2. Administrative Variances;
3. Secondary housing units;
4. Beverage Control Act Type 41 liquor license or similar license which allows the sales, service and consumption of beer or wine on premises in conjunction with a primary restaurant use.
3. Minor Use Permits.
B. Application Submittal. Applications for Administration Permits shall be filed with the Department of Community Development and consist of the following information:
1. Application Cover Sheet. One original copy of information required to identify the applicant and project on forms prescribed by the Department of Community Development.
2. Property Owner/Resident Map. One original map prepared at a scale of not less than one inch equals one hundred (100) feet indicating the size of the subject property and all properties within a three-hundred (300) foot radius of the exterior boundaries of the application area. When required by operation of Section 10353(B)(3), a separate map shall be prepared to delineate all properties within a one hundred (100) foot radius of the exterior boundaries of the application area.
3. Property Owner/Resident List. Upon gummed labels suitable for attaching to envelopes, one original copy of the names and mailing addresses of all property owners within the three-hundred (300) foot radius shown on the Property Owner/Resident Map. For projects which constitute appealable developments as defined pursuant to Section 10356(B)(1), the Property Owner/Resident List shall also include the mailing addresses of all persons, other than property owners, residing within one hundred (100) feet of the exterior boundaries of the application area.
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2 4. Affidavit. One (1) original copy of an Affidavit signed by the applicant or the applicant's agent certifying that the names and addresses shown on the Property Owner/Resident List are the latest as shown on the last equalized assessment roll of the County of Ventura.
5. Development Plan. Five (5) sets of preliminary drawings consisting of plot plans, building elevations and related exhibits drawn to a scale of not less than one inch equals thirty (30) feet (folded to a size of 8 ½″ × 14″ before submittal) as necessary to depict the following:
a. The location and dimension of all existing and proposed structures, landscaping, signs, property access, parking areas and other existing and proposed uses on the subject property; and
b. The location and dimension of street right-of-way, existing and proposed easement, property lines, curbs, sidewalks, and adjacent property uses and buildings and setback distances from adjoining property lines., along with payment of all fees, with the Department of Community and Economic Development and shall include all of the required elements necessary to deem a formal application complete as contained in the documents kept on file with the Department of Community and Economic Development at the time of approval of this Section and as amended from time to time.” C. Application Filing. Upon receipt of the items listed in Section 10353(B), the Director of Community and Economic Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community and Economic Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information provided is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, notice shall be made and a meeting of the Development Review Committeebefore the Director of Community and Economic Development shall be scheduled pursuant to Section 10353(D). In either case, a determination as to the application's completeness shall be made within thirty (30) days of its receipt or otherwise it shall be deemed to have been filed.
D. Staff Review. The Development Review Committee shall be convened Community and Economic Development Director shall render a decision on the project within twenty-one (21) days of the date of filing pursuant to Section 10353(C) for the purpose of rendering a decision on the projectthe project application was deemed complete. A notice indicating the time and place at which the Development Review CommitteeDirector will consider the matter shall be given in the manner prescribed in Section 10352(F)(1)(b) no later than ten (10) days prior to the date of the meeting of the Development Review Committee. At the time and place specified in the notice for consideration of the project, the Director of Community Development Agenda Item No. 14 Page 12 of 81 CC Agenda 12-16-2024
3 shall permit all interested persons present to be heard. After hearing all such persons and considering all communications received, the Development Review CommitteeDirector may render a decision, continue the matter to a specific time and place, or decline to make a decision on the basis that the matter ought to be heard by the City Council. In the latter instance, the application shall be processed in the manner prescribed in Section 10352. Not more than thirty (30) days following the date of filing, the Development Review CommitteeDirector shall announce itshis/her findings and notify the applicant in writing of the same. The Committee'sDirector’s findings shall be announced by way of formal resolution, which resolution shall be set forth in the same manner and shall serve the same purpose and effect as that of the resolution adopted by the City Council pursuant to Section 10352(F)(6). If no action is taken by the Development Review CommitteeDirector on the discretionary project within six (6) months of the date of filing pursuant to Section 10353(C), said project shall be deemed approved. Any Administrative Permit granted shall be in harmony with the general purposes and intent of this Article and shall not be injurious to the neighborhood or to the public welfare. Accordingly, the Development Review CommitteeDirector may approve, disapprove, or modify and approve the project on the same grounds that the City and Council may act upon a Development or Use Permit pursuant to Section 10352, attaching any reasonable conditions thereto. Action of the Development Review CommitteeDirector shall become final if no appeal is taken pursuant to Section 10353(E) within ten (10) days of the date of the mailing of the notice of the Committee'sDirector’s decision pursuant to this section.
E. Appeals. Upon receipt by the Director of Community and Economic Development of an appeal filed by any person aggrieved by a decision pursuant to Section 10353(D), the Director of Community and Economic Development shall promptly give written notice to the applicant and the appellant that an appeal has been taken and that the matter will be considered and heard by the City Council at a regular or adjourned regular meeting, the date of which shall be set forth in the notice, but in no event, to be more than thirty (30) days or less than ten (10) days after such notice is mailed to the applicant and appellant. A copy of this notice shall be circulated at the same time and manner as prescribed in Section 10352(F)(1). The City Council at the time of such hearing, shall consider all matters pertinent thereto and by its next meeting after such hearing, the City Council shall render its decision either upholding or reversing the action of the Development Review CommitteeDirector and/or modifying the Committee'sDirector’s actions and conditions. Written notice thereof, unless waived by the applicant and/or appellant at the time of the hearing, shall promptly be mailed to the applicant and appellant by the Director of Community Development. The decision of the City Council shall be deemed final and conclusive.
F. Amendments. Changes in either use, intensity, architectural character, nature, extent, or location of uses and/or improvements of an approved Administrative Permit shall be processed in accordance with the provisions of Section 10352(H).
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4 G. City Council Reports. All actions of the Development Review CommitteeDirector of Community and Economic Development taken under provisions of this section shall be reported to the City Council at a regular meeting following such actions.
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ATTACHMENT B
Section 10355 – Temporary Uses.
A. General. Projects involving uses and/or improvements of a temporary duration are subject to the provisions of this Section and include the following:
1. Temporary Sales Facilities. Temporary tract real estate sales offices and mobile homes in connection with recorded subdivisions; provided, however, that such offices and mobile homes may be authorized for a period not to exceed eighteen (18) months after which authorization may be granted only as an amendment to the Development or Administrative Permit governing the subdivision;
2. Temporary Uses and Improvements. Temporary uses and improvements of an inconsequential nature including, but not limited to, produce stands, Christmas tree sales, commercial sidewalk sales, and special events; provided, however, that such uses and improvements may be authorized for a duration of time not to exceed ninety (90) calendar days in any consecutive twelve (12) month period;
3. Temporary Advertising Signs. Temporary advertising signs including, but not limited to, political, construction, sales and leasing signs; provided, however, that such signs may be authorized for a period not to exceed six (6) months; and
4. Emergency Uses and Improvements. Uses and improvements required in emergency situations where delays incident to normal permit processing pursuant to this Chapter would defeat or seriously impair the purposes of an applicant or endanger the public health, safety or welfare. Temporary clearance for emergency uses and improvements under this Section shall be valid for a period not to exceed ninety (90) days beyond which such uses and improvements may remain only if proper application is made and approved in accordance with the provisions of this Chapter.
B. Application Submittal. Applications for Special Use Permits shall be filed with the Department of Community Development and shall consist of one original copy of information required to identify the applicant and project on forms prescribed by the Department of Community Development.
C. City Approval. Upon receipt of application described in Section 10355(B), the Director of Community Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information required is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the applicant is accepted, a decision by the Director of Community Development or his designated Agenda Item No. 14 Page 15 of 81 CC Agenda 12-16-2024
2 representative shall be made as to whether or not the project qualifies as a special use under the provisions of Section 10355(A) and if allowable, under what conditions the permit shall be granted. The Director of Community Development or his designee shall make public notice indicating the nature and location of the special use and send the public notice by regular mail to property owners which abut the exterior boundaries of the application area for any proposed project qualifying as temporary use and improvement pursuant to Municipal Code Section 10355(A)(2). If no action is taken within thirty (30) days of the date of filing, the project shall be deemed to be approved. Action taken by the Director of Community Development or his designated representative with regard to an application for a Special Use Permit, shall be deemed final unless an appeal is received in writing by the Department of Community Development within five (5) calendar days of the date which notice is mailed to abutting property owners. Appeals shall be processed under the provisions of Section 10353(E).
A. Purpose. The purpose of this Section is to establish procedures and standards for the review and approval of Temporary Use Permits and Special Event Permits so as to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.
B. Exemptions. The following uses are exempt from the provisions of this Section:
1. Garage and yard sales, provided the sales only occur on parcels developed with residential uses, do not occur more than two times per year, for no more than two days per event, and with approval of a Garage Sale (Ministerial) Permit from the Community Development Department.
2. Group assemblies that occur completely indoors and within premises designed to accommodate such events (this does not apply to cannabis-related events).
3. City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.
C. Temporary Use Permits
1. Uses subject to a Temporary Use Permit.
a. Real estate offices and model homes within approved development projects;
b. On- and off-site contractors' construction yards in conjunction with an approved development project;
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3 c. Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force; d. Pumpkin and Christmas tree sale lots;
e. Emergency public health and safety needs;
f. Sidewalk sales and displays on private property;
g. Food trucks (three or fewer per event);
h. Group assemblies of 100 persons or fewer and for no more than three (3) days per event (excluding set-up and take-down);
i. Similar temporary uses which, in the opinion of the Director of Community Development are compatible with the zone and surrounding uses.
2. Development and operational standards per a Temporary Use Permit. a. Real Estate Office and Model Homes.
1. Accessory facility only. On-site temporary real estate offices or temporary model home complexes may be established only within the boundaries of a residential project for the limited purpose of conducting sales of new residences or residential parcels within the same residential development.
2. Allowed locations. In all residential zones.
3. Requirements. A temporary real estate sales office or model home complex established or maintained in compliance with this Subsection shall meet all of the following requirements:
i. An agreement and a cash deposit or surety bond in an amount sufficient to guarantee to the City the removal of the sales office or model home complex or the restoration of the premises in conformity with the approved Temporary Use Permit and with the applicable provisions of this Municipal Code within sixty (60) days after the last residence or parcel within the subject residential development has been sold and escrow closed shall be required.
ii. Off-street parking shall be provided at the same ratio as required for offices in compliance with Section 10303.
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4 and/or residences in the residential development have been sold and the escrow closed.
b. On- and Off-Site Contractors' Construction Yards. On- and off-site contractors' construction yards shall be operated only in conjunction with an approved Building Permit. The construction yard shall be removed within 30 days of completion of the construction project.
c. Temporary Residence. Temporary residences shall be limited to the property owner and only when a valid residential Building Permit is in force.
The temporary residence shall be removed within 30 days of completion of the construction project.
d. Pumpkin and Christmas Tree Sale Lots.
1. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through December 31.
2. Applicants for Pumpkin/Christmas tree sales shall provide adequate onsite parking and access without impeding any existing parking and/or accessibility requirements. A site plan shall be submitted to the Community and Economic Development Department for review and approval. Tents, signage, pennants, lighting, and other appurtenances shall be subject to all other permitting requirements (Building Permits, Ventura County Fire Department approvals, etc.).
e. Emergency Uses and Improvements. Uses and improvements required in emergency situations where delays incident to normal permit processing pursuant to this Chapter would defeat or seriously impair the purposes of an applicant or endanger the public health, safety and welfare. Temporary clearance for emergency uses and improvements under this Section shall be valid for a period not to exceed ninety (90) days beyond which such uses and improvements may remain only if proper application is made and approved in accordance with the provisions of this Chapter. f. Sidewalk Sales and Displays. Sidewalk sales and displays in conjunction with a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious or service organization may be authorized for a duration of time not to exceed a total of ninety (90) calendar days in a twelve (12) month period. Temporary sales events in conjunction with a business within a center shall occur immediately adjacent to the business’ location and shall not impede required parking or handicap path of travel.
g. Food Truck Events. Food truck events that qualify for a Temporary Use Permit shall consist of no more than three (3) food trucks at any one time Agenda Item No. 14 Page 18 of 81 CC Agenda 12-16-2024
5 on the same property occupied by the business/establishment hosting the temporary event, for no more than three (3) days per event, with no event occurring more than twice per year per location and under current permits by the Ventura County Resource Management Agency, Environmental Health Division. All other food truck events shall require a Special Event Permit per Section 10355(D).
h. Group Assembly. A Temporary Use Permit shall be required for a group assembly not to exceed 100 persons nor continue for a duration exceeding three (3) days (excluding set-up and break-down) for a duration of time not to exceed a total of thirty (30) calendar days in a twelve (12) month period. and which do not involve amplified sound or music. Exceptions to this include events previously approved by the City’s Recreation and Community Services Division and the Community and Economic Development Department to occur in a City-owned park, except Hueneme Beach Park in which a Permit shall be required, and events held inside a facility designed to host such events (subject to occupancy requirements).
D. Special Event Permits.
1. Uses Subject to a Special Event Permit - Administrative Approval. a. Food truck events (more than three (3) trucks); and
b. Certified Farmers Markets, subject to the following criteria:
1. Such use shall be limited to not more than a total of 120 days in a calendar year.
2. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Community and Economic Development Director.
3. Seventy-five percent (75%) of the total farmers market sales area must be for the sale of farm products, such as fruits, vegetables, nuts, eggs, honey, livestock food products (meat, dairy products, etc.), flowers, and value added farm products such as baked goods, jams and jellies.
4. Farmers markets shall be certified and comply with the requirement of Chapter 10.5 Direct Marketing Requirements of Division 17 of the California Food and Agriculture Code.
5. All farmers markets shall have a market manager authorized to direct the operations of all vendors participating in the market on-site during hours of operation. Farmer market managers shall obtain and have onsite all operating and health permits during hours of operation.
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6 6. Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the Community and Economic Development Director.
2. Uses Subject to a Special Event Permit - City Council Approval. a. All temporary cannabis uses;
b. Group assemblies of more than 100 persons and/or for a duration of more than three (3) days (excluding set-up and break-down).
c. Group assemblies of any size for any duration which will include amplified sound or music;
d. Circuses, rodeos, carnivals, fairs, festivals and concerts when not held within premises designed to accommodate such events;
e. Any temporary use, which in the opinion of the Director of Community and Economic Development, requires City Council approval.
3. Development and Operational Standards for Special Event Permits.
Development and operational standards for Special Event Permits shall comply with the operational standards for Temporary Use Permit in accordance with Section 10355(C)(2), as well as any additional requirements as set forth in Section 10355(D). Further, if off-site parking is required, the applicant shall provide proof from the owners of the properties on which the parking will be required that the parking spaces to be used are not required parking spaces, or that the parking spaces used in conjunction with the special event will not be used during normal business hours. Additionally, the applicant shall provide a plan for shuttles or other means to ensure the safe passage of event attendees between the off-site parking spaces and the event and any other documentation (i.e. approvals if the off-site parking occurs outside the City's jurisdiction) to the satisfaction of the Community and Economic Development Director.
F. Prohibited Uses. The following uses are prohibited.
1. Any use not allowed in the underlying zone.
2. Any food preparation activity, except for food vendors possessing a valid vendors’ license or food trucks in conjunction with an approved larger-scale temporary use or special event.
3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious, or Agenda Item No. 14 Page 20 of 81 CC Agenda 12-16-2024
7 service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, or vendors not possessing a valid vendors’ license.
4. Any other temporary use determined to be a nuisance or which does not comply with the requirements of this Municipal Code (i.e. located in a required parking space).
G. Application and Permit Issuance.
1. General. A Temporary Use or Special Event Permit shall be required prior to commencement of any uses listed in Section 10355(C) or (D), as applicable.
All events associated with a Temporary Use or Special Event Permit shall operate in compliance with all of the conditions associated with the Temporary Use or Special Event Permit. A copy of the approved Temporary or Special Event Permit, along with the associated conditions, shall be in the possession of the person in charge during the event. Such copies shall immediately be presented to any City enforcement official upon request for examination.
2. Submittal Requirements.
a. A completed application form and detailed project description, and property owner's authorization shall be provided.
b. Flame resistance certificate and specifications for all tents/canopies, as applicable.
c. List of all vendors and type of service provided.
d. A site plan and any other relevant plans as determined necessary by the Department of Community and Economic Development to demonstrate the proposed event.
e. All applicable fees, including any cleanup and/or parking deposit.
3. Time to submit.
a. Temporary Use Permit: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than ten (10) working days from the date of the beginning of the proposed use.
b. Special Event Permit - Administrative Approval: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than sixty (60) calendar days from the date of the beginning of the proposed use.
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8 c. Special Event Permit - City Council Approval: A completed application form, submittal requirements and all fees shall be submitted to the Community and Economic Development Department not less than ninety (90) calendar days from the date of the beginning of the proposed use.
4. Review Procedures.
a. Temporary Use Permits and Special Event Permits - Administrative:
1. Action on application. Upon receipt of a completed application and all related fees, the Community and Economic Development Director or his designee shall review and approve, modify, condition or deny the application. Note that review by outside agencies may be required.
2. Determination of applications for Special Event Permits – Administrative only, should the application be approved by the Director, the Director shall within two (2) days of the decision notify all owners of property abutting the subject site of the decision. If no written objection is received at the Department of Community and Economic Development within ten (10) days of the date which notice is mailed, the decision shall become final and the event may then occur on the approved date(s) and at the approved location. If however, an objection is raised as to the Director’s approval of said application, the application shall be referred to the City Council for their review and consideration. b. Special Event Permits requiring City Council approval:
1. Action on application. Upon receipt of a completed application and all related fees, the City Council shall review and approve, modify, condition or deny the application at a duly noticed public hearing.
2. Decision. The decision of the City Council shall be deemed final.
H. Findings for Approval. The application may be approved or conditionally approved upon the making of the following findings:
1. The proposed use is consistent with the goals and policies of the General Plan.
2. The proposed use is consistent with the purpose of the applicable Zoning district.
3. The proposed use is listed as a use or clearly implied to be a use that is subject to a Temporary Use or Special Event Permit in the applicable Zoning district.
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9 4. The proposed use meets the minimum requirements of this Code applicable to the use and complies with all other applicable laws, ordinances, and regulations of City and the State of California.
5. The proposed use will not be materially detrimental to the health, safety, or welfare of the public or to property and residents in the vicinity.
6. The proposed use is suitable for the site and is compatible with neighboring uses.
I. Terms and Conditions. Terms and conditions for approval of a Temporary Use or Special Event Permit are as follows:
1. Imposition of conditions. Any Temporary Use or Special Event Permit granted may include such terms and conditions as deemed necessary or appropriate by the Community and Economic Development Director to effect the purpose of this Code. If no additional terms or conditions are specified, the Temporary Use or Special Event Permit shall be considered unconditional and valid for the period set forth in Subsection 10355(H).
2. Time limits and Commencement of Development. The development for which the Temporary Use or Special Event Permit has been granted pursuant to this Chapter shall be valid only for the timeframe identified in the Temporary Use or Special Event Permit.
3. Condition of site following temporary use. Each site occupied by a temporary user shall be left free of debris, litter, or any other evidence of the temporary use upon the completion or removal of the use, and shall thereafter be uses, pursuant to the provisions of this Municipal Code.
J. Revocation and Modifications. Any Temporary Use Permit or Special Event Permit issued pursuant to this Section may be revoked or modified pursuant to Section 10357(E) of this Code.
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ATTACHMENT C
10481 - Permitted uses in the C-1 Zone.
No building or land shall be used and no building shall be hereafter erected or structurally altered except for one or more of the following uses:
A.
The following specified uses are allowed:
1A. Antique store;
2B. Auctions and auctioneers;
3C. Automobile service station;
4D. Bakery (employing not more than five (5) persons on premises);
5. Barber shop or beauty shop;
6E. Bank;
7F. Barber shop or beauty shop;
G. Blueprinting and photocopying;
8H. Book or stationery store;
9I. Cleaning and pressing establishments using non-inflammable and non-explosive cleaning fluid;
J. Community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code” (Govt. Code Section 65914.900(a)(1); 10K. Confectionery store;
11L. Conservatory of music;
12M. Department store;
13N. Dressmaking and sales or millinery store;
14O. Drug store;
15P. Dry goods or notions store;
16Q. Florist shop;
17R. Funeral parlor;
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2 18S. Furniture store;
19T. Garage, commercial (excepting truck repair);
20U. Grocery or fruit store;
21V. Hardware store;
22W. Interior decorating store;
23X. Jewelry store;
24Y. Laundry or clothes cleaning agency;
25. Liquor store;
26Z. Meat market or delicatessen store;
27AA. Medical laboratory;
28BB. Music store;
29CC. News stand or newspaper vending;
30DD. Nursery, flower or plants;
31EE. Offices, business, medical or professional;
32FF. Pet shop;
33GG.Private clubs, fraternities, sororities, and lodges; 34HH. Radio and television store;
35II. Restaurant, tearoom, or cafe (including beverage Control Act Type 41 liquor license or similar license which allows the sales, service and consumption of beer or wine on premises in conjunction with a primary restaurant use and excluding dancing or entertainment);
36JJ. Service station occupying less than 150 feet of frontage on any one street; 37KK. Shoe store or shoe repair shop;
38LL. Storage garage;
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3 39MM.Studio, photography or film developing;
40NN. Tailor, clothing or wearing apparel shop;
41OO.Theater or auditorium;
42PP. Trade school;
43QQ.Uses of structures which are incidental or accessory to any of the uses permitted in the zone; and
44RR. Retail stores and businesses not otherwise specified above or within Section 10482.
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ATTACHMENT D
10482 – Conditionally permitted uses in the C-1 Zone.
The following uses may be permitted in the C-1 Zone subject to the issuance of a DevelopmentUse Permit pursuant to Section 10352 or 10353; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the DevelopmentUse Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:
A. Car wash;
B. Establishments for the sale of alcoholic beverages for consumption on the premises except Beverage Control Act Type 41 licenses which may be permitted by issuance of an administrative permit pursuant to Section 10353.
B. Distribution;
C. Establishments for the sale of alcoholic beverages for on-site consumption on the premises except Beverage Control Act Type 41 licenses which may be permitted by issuance of an administrative permit pursuant to Section 10353.
D. Establishments for the sale of alcoholic beverages for off-site consumption other than those deemed exempt from the provisions of Section 10291.
DE. Hospitals and medical office buildings;
EF. Hotels, motels and boatels;
FG. Kennels and Veterinarian Hospitals;
GH. Tobacco retailers other than those deemed exempt from the provisions of Section 10292.
HI. Trailer and mobile home sales;
IJ. Trailer and equipment sales and rentals;
K. Used car sales;
L. Permitted uses which do not otherwise comply with the provisions of Section 10484; and
M. Arcades, as defined in Section 10031 of this code subject to the following conditions:
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2 1. Place. Arcades shall be prohibited within five-hundred (500) feet of the property boundary of any public or private school, church, or park.
2. Hours of Operation. The hours of operation of an arcade may be between 3:00 p.m. and 10:00 p.m. on Mondays through Fridays, and 9:00 a.m. through 10:00 p.m. on Saturdays, Sundays, and on holidays as designated in Section 6702 of the California Government Code.
3. Bicycle Racks. Bicycle racks shall be placed on site in locations approved by the Director of Community and Economic Development. Bicycle racks shall provide one bicycle stall for every three (3) amusement devices, as the term "amusement device" is defined in Section 5003(a) of this code.
4. Exterior Walls. All exterior walls shall have a sound transmission class rating of fifty-four (54).
5. Liquor. No alcoholic beverages of any kind, including, but not limited to, wine and beer, shall be sold, served, consumed, or permitted to be sold, served, or consumed in any arcade to or by any person.
6. Tokens. Amusement devices as defined in Section 5003(a) of this code, shall be operated only by tokens which may be purchased on the premises of the arcade.
7. Restrooms. Separate public restroom facilities for males and females shall be provided on the arcade premises.
8. Supervision. At least one adult shall be in attendance at all times that the arcade is open and shall provide adequate management and control over the activities at the arcade premises. Such adult shall not have any duties of selling tokens or repairing the amusement devices, as defined in Section 5003(a) of this code, while the arcade is open.
9. Lighting. A minimum of two (2) foot candle illumination must be maintained in all parts of the arcade when the arcade is open.
10.Revocation of Permit. Operation of a business in violation of any condition attached to the DevelopmentUse Permit shall be grounds for revocation or nonrenewal of any license, permit, or other entitlement previously issued by the City, for the privilege of engaging in such business and shall be grounds for denial of any further license, permit or other entitlement authorizing the conduct of such business or any other business, if the business includes the operation of an arcade. The applicant shall include with the application for a DevelopmentUse Permit a certified copy of any license which is required to be secured from any governmental agency in order to use the property for an arcade.
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ATTACHMENT E
Chapter 2
Part F. Special requirements and regulations for alcoholic beverage sales establishments and tobacco retailers
10290 – General.
A. Purpose. Because the use of alcohol and tobacco are restricted for use by adults 21 years of age and older, and in an effort to ensure cannabis products are not sold outside of cannabis retailers specifically approved to operate within the City, to prevent minors from accessing alcohol or tobacco, and to ensure alcoholic beverage establishments and tobacco retailers do not negatively impact neighboring properties and businesses, the following minimum standard licensing and operating requirements have been established. These requirements implement an annual inspection process applicable to the majority of the off-site alcoholic beverage establishments and tobacco retailers operating within the City, and are provided in order to help ensure these uses are not injurious to the health, safety and welfare of the community.
B. No assumed authorization. This Section does not itself authorize or permit alcoholic beverage sales establishments or tobacco retailers, but only applies to such establishments where otherwise allowed or permitted within an applicable zoning district. The requirements and regulations set forth herein are intended to complement the State of California’s related laws and do not replace or usurp any powers vested in the California Department of Alcoholic Beverage Control (ABC).
C. Public Hearings. The City Council shall have the powers and duties to conduct public hearings and make determinations on whether alcoholic beverage sale establishments and tobacco retailers are in compliance with the conditions of approval or operating standards prescribed within this Chapter, and may modify or revoke the use permit or deemed approved status of an alcoholic beverage sales establishment or tobacco retailer in order to obtain compliance with the provisions of this Chapter. This provision is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage and tobacco product sale activities in the City.
D. Inspection and right of entry. The sale of alcoholic beverages and tobacco products are closely regulated industries. The officials responsible for enforcement of the Port Hueneme Municipal Code (PHMC) or other ordinances of the City, or their duly authorized representatives, may enter on any site or into any structure for the purpose of inspection, provided they do so in a reasonable manner, whenever they have cause to suspect a violation of these regulations, or whenever necessary to the investigation of violations of the conditions of approval, operational standards prescribed in this Section. Any and all such inspections shall further be conducted in compliance with the Fourth Amendment of the United Agenda Item No. 14 Page 31 of 81 CC Agenda 12-16-2024
2 States Constitution. Inspections not otherwise based on cause to suspect a violation shall only be conducted at the intervals and the manner prescribed within Section 10294 et. seq. of this Chapter.
10291 – Alcoholic beverage sales establishments.
This Section requires all new alcoholic beverage sales establishments to obtain a Minor Use Permit from the Director of Community and Economic Development (“Director”) or a Conditional Use Permit from the City Council, unless otherwise exempt. This Section also confers “deemed approved” status on all legal nonconforming off-site alcoholic beverage establishments and sets forth grounds for the modification, revocation and termination of Minor/Conditional Use Permits (“use permits”) and deemed approved status for establishments violating the provisions of this Section.
A. Administration.
1. Applicability. The provisions of this Section shall apply to the extent permissible under other laws to all establishments located in the City that sell alcoholic beverage for on-site or off-site consumption.
2. Overlapping or contradictory regulations. Whenever any provision in this Section, in any permit, or in any other law, ordinance or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.
B. Requirements and standards.
1. Minor Use Permit or Conditional Use Permit required.
Except as provided elsewhere in this Section, all alcoholic beverage sales establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any alcoholic beverage sales activity.
2. Exceptions. Unless otherwise required by this Section, a use permit shall not be required for the following types of uses:
a. An off-site alcoholic beverage sales establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 10,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of alcoholic beverages. If found to be in violation of this Section, such alcoholic beverage sales Agenda Item No. 14 Page 32 of 81 CC Agenda 12-16-2024
3 establishments exempt from the requirement of a use permit pursuant to this Subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of alcoholic beverages.
b. A restaurant that serves alcoholic beverages for on-site consumption, limited to on-sale beer and wine only.
c. An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.
3. Cap. As of January 7, 2025, there shall be no more than twelve (12) alcoholic beverage sales establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.
4. Finding of public convenience or necessity.
a. Pursuant to California Business and Professions Code Section 23958.4, in areas with an over-concentration of off-site alcoholic beverage establishment licenses issued by the ABC, the City desires to strike a balance between the number of off-site licenses and the convenience of store customers. As a result, consideration to approve a finding of public convenience or necessity may be given by the Director or City Council, as applicable, to businesses wishing to obtain off-site alcoholic beverage establishment licenses issued by the ABC in over-concentrated areas that comply with the following criteria:
1. The retailer must occupy greater than 10,000 square feet of gross floor area or be tied to a fueling station on the premises with fuel sales comprising the majority of the business’ sales;
2. A retailer tied to a fueling station with less than 10,000 square feet of gross floor area shall be limited to off-site beer and wine, non-fortified products only;
3. No more than 10 percent of the gross floor area may be devoted to alcoholic beverage display, unless a larger display is otherwise approved by the City’s decision-making authority;
4. At least 10 percent of the gross floor area must be devoted to food sales and non-alcoholic beverages;
5. If the location of the proposed business is within a high crime area, which is defined as Police Department calls for service for alcoholic beveragerelated incidents which are 20 percent or more greater than the average Agenda Item No. 14 Page 33 of 81 CC Agenda 12-16-2024
4 number of such incidents reported for the City as a whole, the decisionmaking body may use that fact in denying the application or the Public Convenience or Necessity finding required by the ABC;
6. The property/building/use has no outstanding Building or Health Code violations or Code Enforcement Activity;
7. The site is properly maintained, including site and building improvements, landscaping and lighting; and
8. The owner/applicant has no history of violations with the ABC and/or City.
b. Prior to the establishment of any business selling alcoholic beverages, when within the Director’s purview, the Director, when required pursuant to California Business and Professions Code Section 23958.4 shall make the finding of public convenience or necessity. Prior to making said finding, the Director shall consult with the City Police Department to receive that agency’s comments. If the comments received indicate concerns, the Director shall not make the finding, but shall require the applicant to submit an application for a Conditional Use Permit for City Council review.
5. Operational standards and additional conditions of approval. a. All new off-site alcoholic beverage establishments (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards and alcoholic beverage sales limitations:
1. An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.
2. An establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those of the ABC, California Business and Professions Code Sections 24200, 24200.6, 25612 and 25612.5, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.
3. The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.
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5 4. An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways. An establishment shall comply with the following public nuisance prevention measures:
i. Loitering – The establishment’s operators or employees shall be required to discourage loiterers and ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
ii. Signage – There shall be no exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and PHMC Section 10303.
The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:
• “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age”
• “No loitering or public drinking”
• “It is illegal to possess an open container of alcohol in the vicinity of this establishment”
iii. Mitigating alcohol-related problems – The establishment shall be required to operate in a manner which mitigates alcohol-related nuisance problems that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance.
iv. Drug paraphernalia – An off-site alcohol establishment shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5. “Drug paraphernalia” means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Agenda Item No. 14 Page 35 of 81 CC Agenda 12-16-2024
6 Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.
v. Window obstructions – To ensure a clean and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs in PHMC Section 10303.
vi. Training – Each off-site alcoholic beverage establishment operator and its employees selling alcohol shall complete the Licensee Education on Alcohol and Drugs (LEAD) program training provided by the California Department of Alcoholic Beverage Control. LEAD certificates shall be kept on the premises and provided to City officials within 48 hours of a written request.
5. Each establishment shall post a copy of these performance standards, any applicable ABC and/or City operating conditions, and any training requirements in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment, as well as any City Code Compliance Officer or authorized state or county official. b. The above operational standards and beverage sales limitations shall be incorporated into any new use permit for off-site alcoholic beverages sales issued under the provisions of this article or any business license issued that authorizes new off-site alcoholic beverage sales if no use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment’s approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community.
c. Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds for enforcement action, up to revocation of a Minor/Conditional Use Permit and/or business license. 10292 – Tobacco retailer establishment regulations.
This Section requires all new tobacco retailer establishments to obtain a Minor Use Permit from the Director of Community and Economic Development or a Conditional Use Permit from the City Council, unless otherwise exempt. This Section also confers deemed approved status on all legal nonconforming tobacco retailers and sets forth grounds for Agenda Item No. 14 Page 36 of 81 CC Agenda 12-16-2024
7 the modification, revocation and termination of Minor/Conditional Use Permits and deemed approved status for establishments violating the provisions of this Section.
A. Administration.
1. Applicability. The provisions of this Section shall apply to all new and existing tobacco retailers in the City to the extent permissible under other laws to all establishments located in the City that conduct retail sales of tobacco products.
2. Overlapping or contradictory regulations. Whenever any provision in this Section, in any permit, or in any other law, ordinance or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.
B. Requirements and standards.
1. Minor Use Permit or Conditional Use Permit required.
Except as provided elsewhere in this Section, all tobacco retailer establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any tobacco sales activity.
2. Exceptions. Unless otherwise required by this Section, a use permit shall not be required for the following types of uses:
a. A tobacco retailer consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 10,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of tobacco products. If found to be in violation of this Section, such tobacco retailers exempt from the requirement of a use permit pursuant to this Subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of tobacco.
b. An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.
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8 3. Cap. As of January 7, 2025, there shall be no more than nineteen (19) tobacco retailer establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.
4. Operational standards and conditions of approval.
a. All new tobacco retailers (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards:
1. An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.
2. A tobacco retailer shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those in the California Health and Safety Code Sections 11014.5 and 11364.5, the Uniform Controlled Substances Act (commencing with California Health and Safety Code Section 11000), California Business and Professions Code Sections 22950-22964, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.
3. The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.
4. An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways. An establishment shall comply with the following public nuisance prevention measures:
i. Loitering – The establishment’s operators or employees shall be required to discourage loiterers and ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
ii. Signage – There shall be no exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and PHMC Section 10303.
The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:
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9 • “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age”
• “No loitering or public drinking”
• “It is illegal to possess an open container of alcohol in the vicinity of this establishment”
iii. Mitigating related problems – The tobacco retailer shall be required to operate in a manner which mitigates nuisance problems to its business operations that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance.
iv. Drug paraphernalia – A tobacco retailer shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5. “Drug paraphernalia” means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.
v. Window obstructions – To ensure a clean and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs in PHMC Section 10303.
5. The following shall be prohibited at any tobacco retailer business location:
i. Smoking or vaping on the premises at any time.
ii. The sale of tobacco products and paraphernalia to a person under the age of 21.
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10 iii. Sales solicited or conducted on the premises by minors. iv. The sale of flavored tobacco products or presumptive flavored tobacco products.
v. Distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as tobacco coupons for said items. vi. The sale of tobacco products and paraphernalia via a vending machine, by a sidewalk vendor or mobile vehicle vendor (mobile vending), or via temporary use permit.
6. The display area of tobacco products, including tobacco paraphernalia, shall be subject to the following limitations:
i. Shall not exceed 10 percent of the total gross floor area of a business establishment, excluding smoke shops which are defined as an establishment that either devotes more than 10 percent of its total floor area to tobacco products, including paraphernalia, or devotes more than a two (2)-foot depth by four (4)-foot length section of a single shelf space for display for sale of tobacco paraphernalia. ii. Shall be located behind a service counter in a manner that prohibits self-service by the customer.
iii. The display area devoted to tobacco paraphernalia shall not exceed a two (2)-foot depth by four (4)-foot length section of a single shelf space, excluding smoke shops.
7. A copy of these operational standards, any applicable California Department of Tax and Fee Administration, or City operating conditions and licenses shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment as well as any City Code Compliance Officer or authorized state of county official. b. The above operational standards and conditions shall be incorporated into any new use permit for a tobacco retailer issued under the provisions of this Section or any business license issued that authorizes a new tobacco retailer if no use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment’s approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community.
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11 c. Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds for enforcement action, up to revocation of a Minor/Conditional Use Permit and/or business license. 10293 - Deemed approved establishments.
A. Regulations established. Except as otherwise provided in this Section, any off-site alcoholic beverage sales establishment or tobacco retailer in the City lawfully operating prior to January 7, 2025, shall thereafter be a deemed approved establishment and not a legal nonconforming use. In addition, any alcoholic beverage sales establishment or tobacco retailer exempt from the requirement to obtain a use permit pursuant to this Section that lawfully commences operations on or after January 7, 2025 shall be an establishment with deemed approved status for purposes of this Section. A deemed approved establishment shall obtain and retain its deemed approved status as long as the following are met:
1. The establishment complies with the operational standards and conditions of approval set forth in Subsection 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers.
2. The establishment complies with any previously conditions of approval.
3. The establishment pays all required fees and undergoes an initial compliance check within 180 days of January 7, 2025 and annually thereafter to ensure such establishments remain in compliance with the performance standards and all other applicable provisions of the deemed approved alcoholic beverage sales regulations.
4. The off-site alcoholic beverage sales establishment does not change its type of ABC license within a license classification.
5. The establishment does not substantially change its mode or character of operation as defined in this Section.
C. Public nuisance. Failure to comply with the standards set forth herein shall constitute a public nuisance.
D. Notification to owners of deemed approved establishments.
1. The City shall notify each owner and/or operator of an off-site alcoholic beverage sales establishment or tobacco retailer of its deemed approved status at the address as shown on their City business license, and also, if not the same, shall notify any property owner at the address shown on the county assessor’s property tax assessment records. The notice shall be sent via certified mail with return receipt requested and shall include:
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12 a. A copy of the operational standards and conditions of approval set forth in Subsection 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers, with the requirement that they be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment; b. Notification that the establishment is required to comply with all of the operational standards and conditions of approval;
c. Notification that initial and annual compliance inspections will be conducted by the City to ensure compliance and that collection of the compliance inspection fee set forth in the City’s most recently adopted master fee schedule will be required; and
d. Notification that the establishment is required to comply with all other aspects of the deemed approved regulations.
2. Should the notice be returned, then the notice shall be sent via first-class mail and hand delivered by City staff to the alcohol beverage sales establishment or tobacco retailer.
E. Change in ABC license type and/or substantial change in mode or character of operation.
1. Upon the occurrence of any of the following, a deemed approved alcoholic beverage sales establishment or tobacco retailer shall be required to obtain approval of a Minor Use Permit or Conditional Use Permit:
a. The establishment changes its alcoholic beverage sales activity so that ABC requires a different type of license.
b. The establishment ceases to be licensed by the ABC.
c. There is a substantial change in the mode or character of operation. As used herein, the phrase “substantial change in mode or character of operation” shall include, but not be limited to, any of the following:
1. The establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage beyond that which actually existed or was permitted immediately prior to the date the establishment was initially deemed approved;
2. The establishment extends its hours of operation by 30 minutes or more; Agenda Item No. 14 Page 42 of 81 CC Agenda 12-16-2024
13 3. The establishment voluntarily discontinues its active operation for more than ninety (90) consecutive days.
4. Any other circumstances that result in a substantial change in the mode or character of operation, except for those circumstances listed in subdivision (b) of Section 23790 of the California Business and Professions Code.
2. Upon notification or discovery by the City of any of the above occurrences, a public hearing before the City Council shall be held to determine whether a substantial change in the mode or character of operation of the establishment has occurred. If the City Council determines that a substantial change has occurred, the alcoholic beverage sales establishment or tobacco retailer must cease operation and may not resume unless it applies for, and obtains, a Minor Use Permit or Conditional Use Permit in conformance with this Chapter. 10294 – Inspections.
This Section requires that all off-site alcoholic beverage sales establishments and tobacco retailers required to obtain a use permit or having deemed approved status shall be subject to an initial inspection upon approval of a use permit or upon notification provided in Section 10293(D), as well as an annual monitoring inspection thereafter in conjunction with the business license renewal process. Alcoholic sales establishments listed as exempt in Subsection 10291(B)(2)(a) and tobacco retailers listed as exempt in Subsection 10292(B)(2)(a) shall be exempt from this requirement.
A. Scope of inspections. Staff from the Community and Economic Development Department Code Compliance or Planning Divisions, or staff that is otherwise designated by the City shall conduct an interior and exterior site inspection of the public areas of each alcoholic beverage sales establishment and tobacco retailer prior to the initial granting of a business license, prior to the annual issuance of a renewed business license, or upon notification provided in accordance with Section 10293(D). The scope of the inspection shall include, but is not limited to:
1. Exterior property maintenance and cleanliness;
2. Landscape maintenance in accordance with the PHMC;
3. Maintenance and upkeep of the primary structure, as well as ancillary site features, such as parking, trash enclosures, etc.;
4. Compliance with all of the applicable operating standards and conditions of approval outlined in Subsection 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers; and
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14 5. Compliance with all other applicable conditions of approval issued with the establishment’s use permit, as applicable.
B. Alcoholic beverage sales establishments and tobacco retailers initial inspections.
Upon approval of a use permit or upon notification to establishments in accordance with Section 10293(D), the aforementioned establishments shall undergo one initial compliance inspection, to be conducted by City staff noted in Section 10294(A) prior to the issuance of a business license, or within 90 days of January 7, 2025 for deemed approved establishments. One compliance re-inspection shall also be conducted no sooner than 15 days after a failed initial compliance inspection unless the business owner requests the inspection take place at an earlier date.
1. Any new off-site alcohol beverage sales establishment or tobacco retailer for which a use permit has been approved shall not be granted a business license until any violation found after the initial compliance inspection or the compliance re-inspection is resolved. Operation of a business without a business license shall be subject to the provisions of PHMC Section 5013.
2. Any violation found at a deemed approved establishment for which the compliance period has been exhausted pursuant to Subsection 10293(B)(3) shall be subject to the enforcement provisions of Sections 10293(A) and (B).
C. Renewal Inspections. An offsite alcoholic beverage sales establishment or tobacco retailer seeking to renew a business license shall undergo an annual compliance inspection conducted by Code Compliance staff within 30 days prior to the expiration of the business license, and one compliance re-inspection to be conducted no sooner than 15 days after a failed annual renewal inspection. Any violation found after the compliance re-inspection shall be subject to the enforcement provisions of Section 10295 et. seq.
D. Notice of annual renewal inspection.
1. Prior to business license expiration for an offsite alcoholic beverage sales establishment or tobacco retailer, the City shall mail a business license renewal notice to the business owner and the businessowner’s authorized representative (if any) notifying the business of the following:
a. The business owner’s requirement to renew the annual business license; and
b. Notice that Code Compliance staff will inspect the interior and exterior public areas of the business establishment to ensure that it is in compliance with applicable operational standards and conditions of approval within 30 days of the date of the renewal notice.
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15 2. Said notice will be mailed by first-class mail to the business owner and the business owner’s authorized representative (if any) as it appears in the City business license records, and a copy will also be mailed to the alcohol sales establishment or tobacco retailer establishment to be inspected. In the case of multiple business owners of the same establishment, notice to any one of the business owners is sufficient notice.
3. In the event a business owner, business owner’s authorized representative (if any), or tenant at the alcohol sales establishment or tobacco retailer location refuses to allow the City access to conduct the inspection of the public areas, the City Manager, City Code Compliance Official, or their designee shall proceed in accordance with PHMC Section 10228 and may use such other legal remedies as may be available at law or in equity to ensure that an inspection is conducted as required by this Section.
4. If the City is not able to obtain the consent of the business owner, business owner’s representative (if any), or tenant of the alcohol sales or tobacco retailer establishment to conduct an inspection, the City shall withhold issuance of the business license until the inspection is conducted and passed.
E. Passed inspections. If no violations are found as a result of an initial or annual renewal inspection or re-inspection, the City’s record shall so state, and the City shall issue or renew the business license, or confirm that the deemed approved status may continue, as the case may be, provided any other outstanding business license requirements are satisfied. All inspection reports shall be available as a public record upon request.
F. Failure to pass initial/annual inspections. After completion of the alcohol sales establishment or tobacco retailer initial inspections, the annual business license inspections, or any re-inspection where the alcohol sales establishment or tobacco retailer fails an inspection due to having a violation(s) on the property, the City shall issue a Notice of Violation to the property owner and the business owner as noted in the City’s business license records, and which shall contain, at a minimum, the following:
1. An itemization of any violation(s) of applicable laws identified during the inspection;
2. The period of time given for correcting each of the identified violations;
3. Notice that the City will re-inspect the alcohol sales establishment or tobacco retailer no sooner than the end of the period of time for correction;
4. A statement that if the violation(s) found during the reinspection have not been corrected, the City will not issue or renew the business license, or confirm that the deemed approved status may be continued, as the case may be, and that Agenda Item No. 14 Page 45 of 81 CC Agenda 12-16-2024
16 the City may pursue any legal remedies available to it in order to abate said violations.
10295 – Modification or revocation.
This Section sets forth the process for modifying or revoking the deemed approved status or use permit, as the case may be.
A. Grounds for modification or revocation. An alcoholic beverage sales or tobacco retailer establishment’s use permit or deemed approved status, as the case may be, may be modified or revoked by the City Council for failure to comply with the operational standards and conditions of approval established in this Chapter, and/or for being in violation of other federal, state or City laws and regulations that have a negative effect on the public health and safety, after holding a public hearing in the manner described in this Chapter.
B. Violations. Whenever the City Manager or his/her designee determines that a violation of this Chapter exists, a Code Compliance Officer shall issue a written Notice of Violation containing all information required by Section 10294(F) of this Chapter. Any person who fails to comply with any provisions of this Section after receiving written notice of the violation(s) and who has exhausted the period of time provided to correct such violation(s) shall be deemed to be in violation of this Section.
C. The following investigative procedures shall be utilized for potential violations of conditions of approval and/or operational standards as required by this Chapter:
1. Upon the City’s receipt of a complaint from the public, Police Department, City official, or any other interested person that an off-site alcohol beverage sales or tobacco retailer establishment is operating in violation of: 1) the conditions of approval of its use permit; or 2) in the case of a deemed approved establishment, the operational standards in Section 10293, the following procedures shall apply:
a. A City Code Compliance Officer, or other City-designated representative, shall assess the nature of the complaint and its validity by conducting an inspection of the premises to assess the establishment’s compliance with applicable conditions and operational standards.
b. If the Code Compliance Officer, or other City representative, determines that the establishment is in violation of the applicable conditions of approval or standards, they shall give written notice of the violation to the owner and/or operator of the establishment as set forth herein and seek to remedy the violation by issuing an administrative citation if the violation is not timely corrected and no hearing on the notice of violation is requested. However, if the Compliance Officer, or other City-designated representative, in their Agenda Item No. 14 Page 46 of 81 CC Agenda 12-16-2024
17 sole discretion, determine the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, the matter may be referred directly to the City Council for a public hearing at which the establishment’s use permit or deemed approved status may be modified or revoked.
c. If the owner or operator receiving a notice of violation requests a hearing pursuant to PHMC Section 3400, the Hearing Officer, in addition to holding such a hearing, may make a recommendation to the City Council as set forth in Subsections (1) and (2), below.
1. In the case of a conditionally permitted establishment, to conduct a hearing to consider modifying or revoking the establishment’s use permit, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this Section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use or operational standards of the subject establishment.
2. In the case of a deemed approved establishment, to conduct a hearing to consider modifying or revoking the establishment’s deemed approved status, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this Section. Such recommendation may include the suggestion of imposing reasonable conditions on the use or operational standards of the subject establishment.
d. If a hearing before the City Council is conducted on a potential violation, the City Council shall determine whether the establishment is in compliance with:
1. In the case of a conditionally permitted establishment, the operational standards and/or conditions of approval in the establishment’s use permit. Based on this determination, the City Council may allow the operations of the establishment to continue under the establishment’s use permit; may modify the use permit by imposing additional reasonable conditions, including, but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the operational standards and/or conditions of approval; or may revoke the establishment’s use permit. If the City Council determined to impose further, new conditions on the establishment’s use permit, such conditions shall be based upon the information then before it. In reaching a determination as to whether an establishment has violated the operational standards and/or conditions of approval, or as to the appropriateness of imposing additional or Agenda Item No. 14 Page 47 of 81 CC Agenda 12-16-2024
18 amended conditions, or revoking the use permit, the City Council may consider the following:
i. The length of time the establishment has been out of compliance with the operational standards and/or conditions of approval. ii. The impact of the violation of the operational standards and/or conditions of approval on the community.
iii. Any information regarding the owner of the establishment’s efforts to remedy the violation of the operational standards and/or conditions of approval. “Efforts to Remedy” shall include, but are not limited to:
1) timely calls to the Police Department that are placed by the owner and/or operator of the establishment, their employees, or agents (it is not the intent of this Section to discourage the reporting of nuisance or criminal activity); 2) requesting that those persons engaging in activities causing violations of the operational standards and/or conditions of approval cease those activities, unless the owner or operator feels that their personal safety would be threatened in making that request; 3) making improvements to the establishment’s property or operations, including, but not limited to, the installation of security cameras, the clearing of window obstructions, the cleaning and maintenance of the property, and the abatement of graffiti within three days.
2. In the case of a deemed approved establishment, the performance standards as set forth in this Chapter. Based on this determination, the City Council may continue the deemed approved status for the establishment; modify the use by imposing reasonable conditions, including but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the performance standards; or may revoke the establishment’s deemed approved status. If the City Council determines to impose further, new conditions on the establishment, such conditions shall be based upon the information then before it. In reaching a determination as to whether a deemed approved use has violated the performance standards, or as to the appropriateness of imposing additional or amended conditions, or revoking the deemed approved status, the City Council may consider the following:
i. The length of time the establishment has been out of compliance with the operational standards as set forth in Section 10293. ii. The impact of the violation of the operational standards on the community.
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19 iii. Any information regarding the owner of the deemed approved establishment’s Efforts to Remedy (as defined above) the violations of the operational standards.
3. If in the judgment of the City Council, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance, and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the City Council may revoke the establishment’s use permit, or deemed approved status, as applicable. If revoked, any continued operation of the business shall require a new Conditional Use Permit approved by the City Council. All determinations, decisions, and conditions made or imposed regarding the alcohol sales establishment’s use or tobacco retailer’s use shall run with the land.
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ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,
CALIFORNIA, AMENDING THE FOLLOWING SECTIONS OF THE PORT HUENEME MUNICIPAL CODE, ARTICLE X: 10353 AS IT RELATES TO ADMINISTRATIVE PERMITS; 10355, RELATED TO TEMPORARY USES; 10481 AND 10482, RELATED TO LAND USES PERMITTED OR CONDITIONALLY PERMITTED IN THE GENERAL COMMERCIAL (C-1) ZONE, RESPECTIVELY; AND TO ADD NEW SECTIONS 10290-10295, RELATED TO STANDARDS FOR
ALCOHOL BEVERAGE SALES ESTABLISHMENTS AND TOBACCO
RETAILERS
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
A. On July 15, 2024, the City Council approved the City’s Economic Development Plan.
B. A purpose of this ordinance is to assist and support the City’s businesses through revising the standards for Administrative Permits, including deleting the requirements for such permits to be obtained for certain types of businesses when these businesses may be allowed by right.
C. The City continues to process requests for temporary events and over the past several years, staff has fine-tuned the definitions and criteria for the different event types, including obtaining guidance from the California Coastal Commission’s staff for events occurring at Hueneme Beach Park, which if codified, would simplify the permitting process for applicants, staff and the City’s decisions makers.
D. The City currently allows alcohol beverage sales establishments and tobacco retailers by right, which has led to a proliferation of each type of these businesses operating in the City, which in turn has led to concerns regarding the impacts of these business’ operations on the public health, safety and welfare.
SECTION 1: The City Council finds and determines as follows:
A. On December 16, 2024, the City Council conducted a duly noticed public hearing to consider the proposed amendments to PHMC Article X, Sections 10353, 10355, 10481 and 10482, and the proposed addition of Sections 10290-10295 to Article X as discussed herein and in the staff report dated December 16, 2024 and incorporated herein.
SECTION 2: The amendments to Sections 10353, 10355, 10481 and 10482, and the addition of Sections 10290-10295 to Article X of the Port Hueneme Municipal Code, are as set forth in attached Exhibit A and are incorporated herein.
SECTION 3: This Ordinance will take effect on the 31st day following its final adoption and passage.
SECTION 4: Pursuant to the California Environmental Quality Act ("CEQA"), this action to amend the Port Hueneme Municipal Code is exempt from CEQA pursuant to Title 14 California Code of Regulations Section 15061(b)(3), which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Attachment F
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Ordinance No.___, Page 2 of 30
SECTION 5: Repeal of any provision of the Port Hueneme Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6: If any section, subsection, sentence, clause, phrase, or portion of this Chapter is held to be invalid or unconstitutional by any court of competent jurisdiction for any reason, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Chapter irrespective of whether one or more sections, subsections, sentences, clauses, phrases, or portions of this Chapter be declared invalid or unconstitutional.
SECTION 7: All of the provisions of the City of Port Hueneme Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 8: The City Clerk of the City of Port Hueneme is hereby directed to certify the passage and adoption of this Ordinance and to cause it to be published as required by law.
PASSED and ADOPTED on this ___ day of 2024.
Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
APPROVED AS TO FORM:
________________________________
Joan Stevens Smyth
City Attorney
Agenda Item No. 14 Page 51 of 81 CC Agenda 12-16-2024
Ordinance No.___, Page 3 of 30
EXHIBIT A
Article X, Chapter 2, Part F, Sections 10290-10295:
Part F. - Special requirements and regulations for alcoholic beverage sales establishments and tobacco retailers
10290 – General.
A. Purpose. Because the use of alcohol and tobacco are restricted for use by adults 21 years of age and older, and in an effort to ensure cannabis products are not sold outside of cannabis retailers specifically approved to operate within the City, to prevent minors from accessing alcohol or tobacco, and to ensure alcoholic beverage establishments and tobacco retailers do not negatively impact neighboring properties and businesses, the following minimum standard licensing and operating requirements have been established.
These requirements implement an annual inspection process applicable to the majority of the off-site alcoholic beverage establishments and tobacco retailers operating within the City, and are provided in order to help ensure these uses are not injurious to the health, safety and welfare of the community.
B. No assumed authorization. This Section does not itself authorize or permit alcoholic beverage sales establishments or tobacco retailers, but only applies to such establishments where otherwise allowed or permitted within an applicable zoning district.
The requirements and regulations set forth herein are intended to complement the State of California’s related laws and do not replace or usurp any powers vested in the California Department of Alcoholic Beverage Control (ABC).
C. Public Hearings. The City Council shall have the powers and duties to conduct public hearings and make determinations on whether alcoholic beverage sale establishments and tobacco retailers are in compliance with the conditions of approval or operating standards prescribed within this Chapter, and may modify or revoke the use permit or deemed approved status of an alcoholic beverage sales establishment or tobacco retailer in order to obtain compliance with the provisions of this Chapter. This provision is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage and tobacco product sale activities in the City.
D. Inspection and right of entry. The sale of alcoholic beverages and tobacco products are closely regulated industries. The officials responsible for enforcement of the Port Hueneme Municipal Code (PHMC) or other ordinances of the City, or their duly authorized representatives, may enter on any site or into any structure for the purpose of inspection, provided they do so in a reasonable manner, whenever they have cause to suspect a violation of these regulations, or whenever necessary to the investigation of violations of the conditions of approval, operational standards prescribed in this Section. Any and all such inspections shall further be conducted in compliance with the Fourth Amendment of the United States Constitution. Inspections not otherwise based on cause to suspect a violation shall only be conducted at the intervals and the manner prescribed within Section 10294 et. seq. of this Chapter.
10291 – Alcoholic beverage sales establishments.
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Ordinance No.___, Page 4 of 30
This Section requires all new alcoholic beverage sales establishments to obtain a Minor Use Permit from the Director of Community and Economic Development (“Director”) or a Conditional Use Permit from the City Council, unless otherwise exempt. This Section also confers “deemed approved” status on all legal nonconforming off-site alcoholic beverage establishments and sets forth grounds for the modification, revocation and termination of Minor/Conditional Use Permits (“use permits”) and deemed approved status for establishments violating the provisions of this Section.
A. Administration.
1. Applicability. The provisions of this Section shall apply to the extent permissible under other laws to all establishments located in the City that sell alcoholic beverage for onsite or off-site consumption.
2. Overlapping or contradictory regulations. Whenever any provision in this Section, in any permit, or in any other law, ordinance or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.
B. Requirements and standards.
1. Minor Use Permit or Conditional Use Permit required.
Except as provided elsewhere in this Section, all alcoholic beverage sales establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any alcoholic beverage sales activity.
2. Exceptions. Unless otherwise required by this Section, a use permit shall not be required for the following types of uses:
a. An off-site alcoholic beverage sales establishment consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 10,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of alcoholic beverages. If found to be in violation of this Section, such alcoholic beverage sales establishments exempt from the requirement of a use permit pursuant to this Subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of alcoholic beverages. b. A restaurant that serves alcoholic beverages for on-site consumption, limited to on-sale beer and wine only.
c. An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.
3. Cap. As of January 7, 2025, there shall be no more than twelve (12) alcoholic beverage sales establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.
4. Finding of public convenience or necessity.
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Ordinance No.___, Page 5 of 30
a. Pursuant to California Business and Professions Code Section 23958.4, in areas with an over-concentration of off-site alcoholic beverage establishment licenses issued by the ABC, the City desires to strike a balance between the number of offsite licenses and the convenience of store customers. As a result, consideration to approve a finding of public convenience or necessity may be given by the Director or City Council, as applicable, to businesses wishing to obtain off-site alcoholic beverage establishment licenses issued by the ABC in over-concentrated areas that comply with the following criteria:
1. The retailer must occupy greater than 10,000 square feet of gross floor area or be tied to a fueling station on the premises with fuel sales comprising the majority of the business’ sales;
2. A retailer tied to a fueling station with less than 10,000 square feet of gross floor area shall be limited to off-site beer and wine, non-fortified products only;
3. No more than 10 percent of the gross floor area may be devoted to alcoholic beverage display, unless a larger display is otherwise approved by the City’s decision-making authority;
4. At least 10 percent of the gross floor area must be devoted to food sales and non-alcoholic beverages;
5. If the location of the proposed business is within a high crime area, which is defined as Police Department calls for service for alcoholic beverage-related incidents which are 20 percent or more greater than the average number of such incidents reported for the City as a whole, the decision-making body may use that fact in denying the application or the Public Convenience or Necessity finding required by the ABC;
6. The property/building/use has no outstanding Building or Health Code violations or Code Enforcement Activity;
7. The site is properly maintained, including site and building improvements, landscaping and lighting; and
8. The owner/applicant has no history of violations with the ABC and/or City. b. Prior to the establishment of any business selling alcoholic beverages, when within the Director’s purview, the Director, when required pursuant to California Business and Professions Code Section 23958.4 shall make the finding of public convenience or necessity. Prior to making said finding, the Director shall consult with the City Police Department to receive that agency’s comments. If the comments received indicate concerns, the Director shall not make the finding, but shall require the applicant to submit an application for a Conditional Use Permit for City Council review.
5. Operational standards and additional conditions of approval. a. All new off-site alcoholic beverage establishments (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards and alcoholic beverage sales limitations:
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1. An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.
2. An establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those of the ABC, California Business and Professions Code Sections 24200, 24200.6, 25612 and 25612.5, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.
3. The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.
4. An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways. An establishment shall comply with the following public nuisance prevention measures:
i. Loitering – The establishment’s operators or employees shall be required to discourage loiterers and ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
ii. Signage – There shall be no exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and PHMC Section 10303.
The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:
• “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age”
• “No loitering or public drinking”
• “It is illegal to possess an open container of alcohol in the vicinity of this establishment”
iii. Mitigating alcohol-related problems – The establishment shall be required to operate in a manner which mitigates alcohol-related nuisance problems that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance. iv. Drug paraphernalia – An off-site alcohol establishment shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5. “Drug paraphernalia” means all equipment Agenda Item No. 14 Page 55 of 81 CC Agenda 12-16-2024
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products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.
v. Window obstructions – To ensure a clean and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs in PHMC Section 10303. vi. Training – Each off-site alcoholic beverage establishment operator and its employees selling alcohol shall complete the Licensee Education on Alcohol and Drugs (LEAD) program training provided by the California Department of Alcoholic Beverage Control. LEAD certificates shall be kept on the premises and provided to City officials within 48 hours of a written request.
5. Each establishment shall post a copy of these performance standards, any applicable ABC and/or City operating conditions, and any training requirements in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment, as well as any City Code Compliance Officer or authorized state or county official.
b. The above operational standards and beverage sales limitations shall be incorporated into any new use permit for off-site alcoholic beverages sales issued under the provisions of this article or any business license issued that authorizes new off-site alcoholic beverage sales if no use permit is otherwise required.
Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment’s approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community. c. Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds for enforcement action, up to revocation of a Minor/Conditional Use Permit and/or business license.
10292 – Tobacco retailer establishment regulations.
This Section requires all new tobacco retailer establishments to obtain a Minor Use Permit from the Director of Community and Economic Development or a Conditional Use Permit from the City Council, unless otherwise exempt. This Section also confers deemed approved status on all legal nonconforming tobacco retailers and sets forth grounds for the modification, revocation and termination of Minor/Conditional Use Permits and deemed approved status for establishments violating the provisions of this Section.
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A. Administration.
1. Applicability. The provisions of this Section shall apply to all new and existing tobacco retailers in the City to the extent permissible under other laws to all establishments located in the City that conduct retail sales of tobacco products.
2. Overlapping or contradictory regulations. Whenever any provision in this Section, in any permit, or in any other law, ordinance or regulation of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.
B. Requirements and standards.
1. Minor Use Permit or Conditional Use Permit required.
Except as provided elsewhere in this Section, all tobacco retailer establishments shall obtain a Minor Use Permit or Conditional Use Permit and shall satisfy all conditions as set forth in any applicable law or regulation, including any law or regulation of the Port Hueneme Municipal Code, in any entitlement, and in any license issued, prior to engaging in any tobacco sales activity.
2. Exceptions. Unless otherwise required by this Section, a use permit shall not be required for the following types of uses:
a. A tobacco retailer consisting of a general retail store, a grocery store, or a retail pharmacy with greater than 10,000 square feet of gross floor area and a maximum of 10 percent of the gross floor area devoted to the sale and display of tobacco products. If found to be in violation of this Section, such tobacco retailers exempt from the requirement of a use permit pursuant to this Subsection can lose their exemption and shall therefore, be required to obtain a Conditional Use Permit from the City Council prior to continuing the sale of tobacco. b. An establishment considered a deemed approved establishment in accordance with Section 10293(A) and otherwise maintaining a deemed approved status.
3. Cap. As of January 7, 2025, there shall be no more than nineteen (19) tobacco retailer establishments which maintain a deemed approved status or which require a use permit operating in the City at any given time.
4. Operational standards and conditions of approval.
a. All new tobacco retailers (those established on or after January 7, 2025) shall be designed, constructed and operated to conform with all of the following operational standards:
1. An establishment shall not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.
2. A tobacco retailer shall comply with all provisions of local, state or federal laws, regulations or orders, including without limitation, those in the California Health and Safety Code Sections 11014.5 and 11364.5, the Uniform Controlled Substances Act (commencing with California Health and Safety Code Section Agenda Item No. 14 Page 57 of 81 CC Agenda 12-16-2024
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11000), California Business and Professions Code Sections 22950-22964, the Port Hueneme Municipal Code, as well as any condition imposed on any permits issued pursuant to such applicable laws, regulations or orders. This includes payment of annual City business license fees.
3. The premises upkeep and operating characteristics shall be compatible with, and shall not adversely affect, abutting properties and the surrounding neighborhood.
4. An establishment shall not result in nuisance activities within the premises or on adjacent properties or roadways. An establishment shall comply with the following public nuisance prevention measures:
i. Loitering – The establishment’s operators or employees shall be required to discourage loiterers and ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials of enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
ii. Signage – There shall be no exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products in excess of the signage allowances provided by the California Business and Professions Code and PHMC Section 10303.
The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:
• “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age”
• “No loitering or public drinking”
• “It is illegal to possess an open container of alcohol in the vicinity of this establishment”
iii. Mitigating related problems – The tobacco retailer shall be required to operate in a manner which mitigates nuisance problems to its business operations that negatively impact those individuals living or working in the neighborhood. Such mitigation measures shall include the operators and employees of the establishment maintaining adequate surveillance of the premises and nearby areas, such as the parking lot, and contacting local law enforcement officials during early stages of a disturbance. iv. Drug paraphernalia –A tobacco retailer shall be prohibited from selling drug paraphernalia as defined in Health and Safety Code Sections 11014.5 and 11364.5. “Drug paraphernalia” means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Agenda Item No. 14 Page 58 of 81 CC Agenda 12-16-2024
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Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.
v. Window obstructions – To ensure a clean and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance, including the area in which the cash registers are maintained, window obstructions (including window signs, vending machines, shelves, racks, storage, etc.) shall not cumulatively block windows or entry doors in excess of the allowances provided for window signs in PHMC Section 10303.
5. The following shall be prohibited at any tobacco retailer business location:
i. Smoking or vaping on the premises at any time.
ii. The sale of tobacco products and paraphernalia to a person under the age of 21.
iii. Sales solicited or conducted on the premises by minors. iv. The sale of flavored tobacco products or presumptive flavored tobacco products.
v. Distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as tobacco coupons for said items. vi. The sale of tobacco products and paraphernalia via a vending machine, by a sidewalk vendor or mobile vehicle vendor (mobile vending), or via temporary use permit.
6. The display area of tobacco products, including tobacco paraphernalia, shall be subject to the following limitations:
i. Shall not exceed 10 percent of the total gross floor area of a business establishment, excluding smoke shops which are defined as an establishment that either devotes more than 10 percent of its total floor area to tobacco products, including paraphernalia, or devotes more than a two (2)-foot depth by four (4)-foot length section of a single shelf space for display for sale of tobacco paraphernalia.
ii. Shall be located behind a service counter in a manner that prohibits selfservice by the customer. iii. The display area devoted to tobacco paraphernalia shall not exceed a two (2)-foot depth by four (4)-foot length section of a single shelf space, excluding smoke shops.
7. A copy of these operational standards, any applicable California Department of Tax and Fee Administration, or City operating conditions and licenses shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment as well as any City Code Compliance Officer or authorized state of county official.
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b. The above operational standards and conditions shall be incorporated into any new use permit for a tobacco retailer issued under the provisions of this Section or any business license issued that authorizes a new tobacco retailer if no use permit is otherwise required. Dependent upon the facts and circumstances of any given application, the Director or City Council, when acting upon such application, may include other conditions in an establishment’s approval to further ensure the business will not adversely impact surrounding properties nor the health, safety and welfare of the community.
c. Failure to comply with any of the above operational standards or added conditions of approval shall constitute grounds for enforcement action, up to revocation of a Minor/Conditional Use Permit and/or business license.
10293 - Deemed approved establishments.
A. Regulations established. Except as otherwise provided in this Section, any off-site alcoholic beverage sales establishment or tobacco retailer in the City lawfully operating prior to January 7, 2025, shall thereafter be a deemed approved establishment and not a legal nonconforming use. In addition, any alcoholic beverage sales establishment or tobacco retailer exempt from the requirement to obtain a use permit pursuant to this Section that lawfully commences operations on or after January 7, 2025 shall be an establishment with deemed approved status for purposes of this Section. A deemed approved establishment shall obtain and retain its deemed approved status as long as the following are met:
1. The establishment complies with the operational standards and conditions of approval set forth in Subsection 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers.
2. The establishment complies with any previously conditions of approval.
3. The establishment pays all required fees and undergoes an initial compliance check within 180 days of January 7, 2025 and annually thereafter to ensure such establishments remain in compliance with the performance standards and all other applicable provisions of the deemed approved alcoholic beverage sales regulations.
4. The off-site alcoholic beverage sales establishment does not change its type of ABC license within a license classification.
5. The establishment does not substantially change its mode or character of operation as defined in this Section.
C. Public nuisance. Failure to comply with the standards set forth herein shall constitute a public nuisance.
D. Notification to owners of deemed approved establishments.
1. The City shall notify each owner and/or operator of an off-site alcoholic beverage sales establishment or tobacco retailer of its deemed approved status at the address as shown on their City business license, and also, if not the same, shall notify any property owner at the address shown on the county assessor’s property tax Agenda Item No. 14 Page 60 of 81 CC Agenda 12-16-2024
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assessment records. The notice shall be sent via certified mail with return receipt requested and shall include:
a. A copy of the operational standards and conditions of approval set forth in Subsection 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers, with the requirement that they be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment;
b. Notification that the establishment is required to comply with all of the operational standards and conditions of approval;
c. Notification that initial and annual compliance inspections will be conducted by the City to ensure compliance and that collection of the compliance inspection fee set forth in the City’s most recently adopted master fee schedule will be required; and d. Notification that the establishment is required to comply with all other aspects of the deemed approved regulations.
2. Should the notice be returned, then the notice shall be sent via first-class mail and hand delivered by City staff to the alcohol beverage sales establishment or tobacco retailer.
E. Change in ABC license type and/or substantial change in mode or character of operation.
1. Upon the occurrence of any of the following, a deemed approved alcoholic beverage sales establishment or tobacco retailer shall be required to obtain approval of a Minor Use Permit or Conditional Use Permit:
a. The establishment changes its alcoholic beverage sales activity so that ABC requires a different type of license.
b. The establishment ceases to be licensed by the ABC.
c. There is a substantial change in the mode or character of operation. As used herein, the phrase “substantial change in mode or character of operation” shall include, but not be limited to, any of the following:
1. The establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage beyond that which actually existed or was permitted immediately prior to the date the establishment was initially deemed approved;
2. The establishment extends its hours of operation by 30 minutes or more;
3. The establishment voluntarily discontinues its active operation for more than ninety (90) consecutive days.
4. Any other circumstances that result in a substantial change in the mode or character of operation, except for those circumstances listed in subdivision (b) of Section 23790 of the California Business and Professions Code.
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2. Upon notification or discovery by the City of any of the above occurrences, a public hearing before the City Council shall be held to determine whether a substantial change in the mode or character of operation of the establishment has occurred. If the City Council determines that a substantial change has occurred, the alcoholic beverage sales establishment or tobacco retailer must cease operation and may not resume unless it applies for, and obtains, a Minor Use Permit or Conditional Use Permit in conformance with this Chapter.
10294 – Inspections.
This Section requires that all off-site alcoholic beverage sales establishments and tobacco retailers required to obtain a use permit or having deemed approved status shall be subject to an initial inspection upon approval of a use permit or upon notification provided in Section 10293(D), as well as an annual monitoring inspection thereafter in conjunction with the business license renewal process. Alcoholic sales establishments listed as exempt in Subsection 10291(B)(2)(a) and tobacco retailers listed as exempt in Subsection 10292(B)(2)(a) shall be exempt from this requirement.
A. Scope of inspections. Staff from the Community and Economic Development Department Code Compliance or Planning Divisions, or staff that is otherwise designated by the City shall conduct an interior and exterior site inspection of the public areas of each alcoholic beverage sales establishment and tobacco retailer prior to the initial granting of a business license, prior to the annual issuance of a renewed business license, or upon notification provided in accordance with Section 10293(D). The scope of the inspection shall include, but is not limited to:
1. Exterior property maintenance and cleanliness;
2. Landscape maintenance in accordance with the PHMC;
3. Maintenance and upkeep of the primary structure, as well as ancillary site features, such as parking, trash enclosures, etc.;
4. Compliance with all of the applicable operating standards and conditions of approval outlined in Subsection 10291(B)(4) as it relates to alcohol beverage sales establishments and Section 10292(B)(3) as it relates to tobacco retailers; and
5. Compliance with all other applicable conditions of approval issued with the establishment’s use permit, as applicable.
B. Alcoholic beverage sales establishments and tobacco retailers initial inspections. Upon approval of a use permit or upon notification to establishments in accordance with Section 10293(D), the aforementioned establishments shall undergo one initial compliance inspection, to be conducted by City staff noted in Section 10294(A) prior to the issuance of a business license, or within 90 days of January 7, 2025 for deemed approved establishments. One compliance re-inspection shall also be conducted no sooner than 15 days after a failed initial compliance inspection unless the business owner requests the inspection take place at an earlier date.
1. Any new off-site alcohol beverage sales establishment or tobacco retailer for which a use permit has been approved shall not be granted a business license until any violation found after the initial compliance inspection or the compliance re-inspection Agenda Item No. 14 Page 62 of 81 CC Agenda 12-16-2024
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is resolved. Operation of a business without a business license shall be subject to the provisions of PHMC Section 5013.
2. Any violation found at a deemed approved establishment for which the compliance period has been exhausted pursuant to Subsection 10293(B)(3) shall be subject to the enforcement provisions of Sections 10293(A) and (B).
C. Renewal Inspections. An offsite alcoholic beverage sales establishment or tobacco retailer seeking to renew a business license shall undergo an annual compliance inspection conducted by Code Compliance staff within 30 days prior to the expiration of the business license, and one compliance re-inspection to be conducted no sooner than 15 days after a failed annual renewal inspection. Any violation found after the compliance re-inspection shall be subject to the enforcement provisions of Section 10295 et. seq.
D. Notice of annual renewal inspection.
1. Prior to business license expiration for an offsite alcoholic beverage sales establishment or tobacco retailer, the City shall mail a business license renewal notice to the business owner and the businessowner’s authorized representative (if any) notifying the business of the following:
a. The business owner’s requirement to renew the annual business license; and b. Notice that Code Compliance staff will inspect the interior and exterior public areas of the business establishment to ensure that it is in compliance with applicable operational standards and conditions of approval within 30 days of the date of the renewal notice.
2. Said notice will be mailed by first-class mail to the business owner and the business owner’s authorized representative (if any) as it appears in the City business license records, and a copy will also be mailed to the alcohol sales establishment or tobacco retailer establishment to be inspected. In the case of multiple business owners of the same establishment, notice to any one of the business owners is sufficient notice.
3. In the event a business owner, business owner’s authorized representative (if any), or tenant at the alcohol sales establishment or tobacco retailer location refuses to allow the City access to conduct the inspection of the public areas, the City Manager, City Code Compliance Official, or their designee shall proceed in accordance with PHMC Section 10228 and may use such other legal remedies as may be available at law or in equity to ensure that an inspection is conducted as required by this Section.
4. If the City is not able to obtain the consent of the business owner, business owner’s representative (if any), or tenant of the alcohol sales or tobacco retailer establishment to conduct an inspection, the City shall withhold issuance of the business license until the inspection is conducted and passed.
E. Passed inspections. If no violations are found as a result of an initial or annual renewal inspection or re-inspection, the City’s record shall so state, and the City shall issue or renew the business license, or confirm that the deemed approved status may continue, as the case may be, provided any other outstanding business license requirements are satisfied. All inspection reports shall be available as a public record upon request.
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F. Failure to pass initial/annual inspections. After completion of the alcohol sales establishment or tobacco retailer initial inspections, the annual business license inspections, or any re-inspection where the alcohol sales establishment or tobacco retailer fails an inspection due to having a violation(s) on the property, the City shall issue a Notice of Violation to the property owner and the business owner as noted in the City’s business license records, and which shall contain, at a minimum, the following:
1. An itemization of any violation(s) of applicable laws identified during the inspection;
2. The period of time given for correcting each of the identified violations;
3. Notice that the City will re-inspect the alcohol sales establishment or tobacco retailer no sooner than the end of the period of time for correction;
4. A statement that if the violation(s) found during the reinspection have not been corrected, the City will not issue or renew the business license, or confirm that the deemed approved status may be continued, as the case may be, and that the City may pursue any legal remedies available to it in order to abate said violations. 10295 – Modification or revocation.
This Section sets forth the process for modifying or revoking the deemed approved status or use permit, as the case may be.
A. Grounds for modification or revocation. An alcoholic beverage sales or tobacco retailer establishment’s use permit or deemed approved status, as the case may be, may be modified or revoked by the City Council for failure to comply with the operational standards and conditions of approval established in this Chapter, and/or for being in violation of other federal, state or City laws and regulations that have a negative effect on the public health and safety, after holding a public hearing in the manner described in this Chapter.
B. Violations. Whenever the City Manager or his/her designee determines that a violation of this Chapter exists, a Code Compliance Officer shall issue a written Notice of Violation containing all information required by Section 10294(F) of this Chapter. Any person who fails to comply with any provisions of this Section after receiving written notice of the violation(s) and who has exhausted the period of time provided to correct such violation(s) shall be deemed to be in violation of this Section.
C. The following investigative procedures shall be utilized for potential violations of conditions of approval and/or operational standards as required by this Chapter:
1. Upon the City’s receipt of a complaint from the public, Police Department, City official, or any other interested person that an off-site alcohol beverage sales or tobacco retailer establishment is operating in violation of: 1) the conditions of approval of its use permit; or 2) in the case of a deemed approved establishment, the operational standards in Section 10293, the following procedures shall apply:
a. A City Code Compliance Officer, or other City-designated representative, shall assess the nature of the complaint and its validity by conducting an inspection of the premises to assess the establishment’s compliance with applicable conditions and operational standards.
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b. If the Code Compliance Officer, or other City representative, determines that the establishment is in violation of the applicable conditions of approval or standards, they shall give written notice of the violation to the owner and/or operator of the establishment as set forth herein and seek to remedy the violation by issuing an administrative citation if the violation is not timely corrected and no hearing on the notice of violation is requested. However, if the Compliance Officer, or other Citydesignated representative, in their sole discretion, determine the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, the matter may be referred directly to the City Council for a public hearing at which the establishment’s use permit or deemed approved status may be modified or revoked.
c. If the owner or operator receiving a notice of violation requests a hearing pursuant to PHMC Section 3400, the Hearing Officer, in addition to holding such a hearing, may make a recommendation to the City Council as set forth in Subsections (1) and (2), below.
1. In the case of a conditionally permitted establishment, to conduct a hearing to consider modifying or revoking the establishment’s use permit, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this Section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use or operational standards of the subject establishment.
2. In the case of a deemed approved establishment, to conduct a hearing to consider modifying or revoking the establishment’s deemed approved status, if in the judgment of the Hearing Officer, based upon information then before him or her, such action is necessary to ensure compliance with this Section.
Such recommendation may include the suggestion of imposing reasonable conditions on the use or operational standards of the subject establishment. d. If a hearing before the City Council is conducted on a potential violation, the City Council shall determine whether the establishment is in compliance with:
1. In the case of a conditionally permitted establishment, the operational standards and/or conditions of approval in the establishment’s use permit.
Based on this determination, the City Council may allow the operations of the establishment to continue under the establishment’s use permit; may modify the use permit by imposing additional reasonable conditions, including, but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the operational standards and/or conditions of approval; or may revoke the establishment’s use permit. If the City Council determined to impose further, new conditions on the establishment’s use permit, such conditions shall be based upon the information then before it. In reaching a determination as to whether an establishment has violated the operational standards and/or conditions of approval, or as to the appropriateness of imposing additional or amended conditions, or revoking the use permit, the City Council may consider the following:
i. The length of time the establishment has been out of compliance with the operational standards and/or conditions of approval.
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ii. The impact of the violation of the operational standards and/or conditions of approval on the community.
iii. Any information regarding the owner of the establishment’s efforts to remedy the violation of the operational standards and/or conditions of approval. “Efforts to Remedy” shall include, but are not limited to: 1) timely calls to the Police Department that are placed by the owner and/or operator of the establishment, their employees, or agents (it is not the intent of this Section to discourage the reporting of nuisance or criminal activity); 2) requesting that those persons engaging in activities causing violations of the operational standards and/or conditions of approval cease those activities, unless the owner or operator feels that their personal safety would be threatened in making that request; 3) making improvements to the establishment’s property or operations, including, but not limited to, the installation of security cameras, the clearing of window obstructions, the cleaning and maintenance of the property, and the abatement of graffiti within three days.
2. In the case of a deemed approved establishment, the performance standards as set forth in this Chapter. Based on this determination, the City Council may continue the deemed approved status for the establishment; modify the use by imposing reasonable conditions, including but not limited to, the operating standards and conditions listed in this Chapter, as are in its judgment necessary to ensure compliance with the performance standards; or may revoke the establishment’s deemed approved status. If the City Council determines to impose further, new conditions on the establishment, such conditions shall be based upon the information then before it. In reaching a determination as to whether a deemed approved use has violated the performance standards, or as to the appropriateness of imposing additional or amended conditions, or revoking the deemed approved status, the City Council may consider the following:
i. The length of time the establishment has been out of compliance with the operational standards as set forth in Section 10293.
ii. The impact of the violation of the operational standards on the community. iii. Any information regarding the owner of the deemed approved establishment’s Efforts to Remedy (as defined above) the violations of the operational standards.
3. If in the judgment of the City Council, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance, and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the City Council may revoke the establishment’s use permit, or deemed approved status, as applicable. If revoked, any continued operation of the business shall require a new Conditional Use Permit approved by the City Council. All determinations, decisions, and conditions made or imposed regarding the alcohol sales establishment’s use or tobacco retailer’s use shall run with the land.
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Article X, Chapter 3, Part B, Section 10353:
Section 10353 – Administrative Permits.
A. General. Projects, other than those which are explicitly exempt under the provisions of Section 10584(A), requiring the issuance of Administrative Permits or which are otherwise subject to the development review procedures prescribed in this section include the following:
1. Planned Developments encompassing all projects, other than those specified in Section 10352(A)(1), which involve property situated within a PD Zone; and, projects involving the reconstruction, alteration or use of buildings located within the M-CR (Coastal-Related Industry) Zone situated seaward of the westerly prolongation of Port Hueneme Road;
2. Administrative Variances;
3. Minor Use Permits.
B. Application Submittal. Applications for Administration Permits shall be filed, along with payment of all fees, with the Department of Community and Economic Development and shall include all of the required elements necessary to deem a formal application complete as contained in the documents kept on file with the Department of Community and Economic Development at the time of approval of this Section and as amended from time to time.
C. Application Filing. Upon receipt of the items listed in Section 10353(B), the Director of Community and Economic Development or his designated representative shall review the completed application prior to accepting it for filing. The Director of Community and Economic Development or his designated representative may waive any or all application requirements if, in their opinion, specific materials are deemed unnecessary. If it is determined that the information provided is incomplete, the application shall be returned to the applicant and not accepted for filing. If, however, the application is accepted, notice shall be made and a meeting before the Director of Community and Economic Development shall be scheduled pursuant to Section 10353(D). In either case, a determination as to the application's completeness shall be made within thirty (30) days of its receipt or otherwise it shall be deemed to have been filed.
D. Review. The Community and Economic Development Director shall render a decision on the project within twenty-one (21) days of the date the project application was deemed complete. A notice indicating the time and place at which the Director will consider the matter shall be given in the manner prescribed in Section 10352(F)(1)(b) no later than ten (10) days prior to the date of the meeting. At the time and place specified in the notice for consideration of the project, the Director shall permit all interested persons present to be heard. After hearing all such persons and considering all communications received, the Director may render a decision, continue the matter to a specific time and place, or decline to make a decision on the basis that the matter ought to be heard by the City Council. In the latter instance, the application shall be processed in the manner prescribed in Section 10352. Not more than thirty (30) days following the date of filing, the Director shall announce his/her findings and notify the applicant in writing of the same. The Director’s findings shall be announced by way of formal resolution, which resolution shall be set forth in the same manner and shall serve the same purpose and effect as that of the resolution adopted by the City Council pursuant to Section 10352(F)(6). If no action is taken by the Agenda Item No. 14 Page 67 of 81 CC Agenda 12-16-2024
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Director on the discretionary project within six (6) months of the date of filing pursuant to Section 10353(C), said project shall be deemed approved. Any Administrative Permit granted shall be in harmony with the general purposes and intent of this Article and shall not be injurious to the neighborhood or to the public welfare. Accordingly, the Director may approve, disapprove, or modify and approve the project on the same grounds that the City and Council may act upon a Development or Use Permit pursuant to Section 10352, attaching any reasonable conditions thereto. Action of the Director shall become final if no appeal is taken pursuant to Section 10353(E) within ten (10) days of the date of the mailing of the notice of the Director’s decision pursuant to this section.
E. Appeals. Upon receipt by the Director of Community and Economic Development of an appeal filed by any person aggrieved by a decision pursuant to Section 10353(D), the Director of Community and Economic Development shall promptly give written notice to the applicant and the appellant that an appeal has been taken and that the matter will be considered and heard by the City Council at a regular or adjourned regular meeting, the date of which shall be set forth in the notice, but in no event, to be more than thirty (30) days or less than ten (10) days after such notice is mailed to the applicant and appellant.
A copy of this notice shall be circulated at the same time and manner as prescribed in Section 10352(F)(1). The City Council at the time of such hearing, shall consider all matters pertinent thereto and by its next meeting after such hearing, the City Council shall render its decision either upholding or reversing the action of the Director and/or modifying the Director’s actions and conditions. Written notice thereof, unless waived by the applicant and/or appellant at the time of the hearing, shall promptly be mailed to the applicant and appellant by the Director of Community Development. The decision of the City Council shall be deemed final and conclusive.
F. Amendments. Changes in either use, intensity, architectural character, nature, extent, or location of uses and/or improvements of an approved Administrative Permit shall be processed in accordance with the provisions of Section 10352(H).
G. City Council Reports. All actions of the Director of Community and Economic Development taken under provisions of this section shall be reported to the City Council at a regular meeting following such actions.
Article X, Chapter 3, Part B, Section 10355:
Section 10355 – Temporary Uses.
A. Purpose. The purpose of this Section is to establish procedures and standards for the review and approval of Temporary Use Permits and Special Event Permits so as to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner.
B. Exemptions. The following uses are exempt from the provisions of this Section:
1. Garage and yard sales, provided the sales only occur on parcels developed with residential uses, do not occur more than two times per year, for no more than two days per event, and with approval of a Garage Sale (Ministerial) Permit from the Community Development Department.
2. Group assemblies that occur completely indoors and within premises designed to accommodate such events (this does not apply to cannabis-related events).
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3. City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required.
C. Temporary Use Permits.
1. Uses subject to a Temporary Use Permit.
a. Real estate offices and model homes within approved development projects; b. On- and off-site contractors' construction yards in conjunction with an approved development project;
c. Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force;
d. Pumpkin and Christmas tree sale lots;
e. Emergency public health and safety needs;
f. Sidewalk sales and displays on private property;
g. Food trucks (three or fewer per event);
h. Group assemblies of 100 persons or fewer and for no more than three (3) days per event (excluding set-up and take-down); and
i. Similar temporary uses which, in the opinion of the Director of Community Development are compatible with the zone and surrounding uses.
2. Development and operational standards per a Temporary Use Permit. a. Real Estate Office and Model Homes.
1. Accessory facility only. On-site temporary real estate offices or temporary model home complexes may be established only within the boundaries of a residential project for the limited purpose of conducting sales of new residences or residential parcels within the same residential development.
2. Allowed locations. In all residential zones.
3. Requirements. A temporary real estate sales office or model home complex established or maintained in compliance with this Subsection shall meet all of the following requirements:
i. An agreement and a cash deposit or surety bond in an amount sufficient to guarantee to the City the removal of the sales office or model home complex or the restoration of the premises in conformity with the approved Temporary Use Permit and with the applicable provisions of this Municipal Code within sixty (60) days after the last residence or parcel within the subject residential development has been sold and escrow closed shall be required.
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ii. Off-street parking shall be provided at the same ratio as required for offices in compliance with Section 10303.
4. Duration. Temporary real estate sales offices and temporary model home complexes may be maintained until all of the on-site parcels and/or residences in the residential development have been sold and the escrow closed. b. On- and Off-Site Contractors' Construction Yards. On- and off-site contractors' construction yards shall be operated only in conjunction with an approved Building Permit. The construction yard shall be removed within 30 days of completion of the construction project.
c. Temporary Residence. Temporary residences shall be limited to the property owner and only when a valid residential Building Permit is in force. The temporary residence shall be removed within 30 days of completion of the construction project.
d. Pumpkin and Christmas Tree Sale Lots.
1. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through December 31.
2. Applicants for Pumpkin/Christmas tree sales shall provide adequate on-site parking and access without impeding any existing parking and/or accessibility requirements. A site plan shall be submitted to the Community and Economic Development Department for review and approval. Tents, signage, pennants, lighting, and other appurtenances shall be subject to all other permitting requirements (Building Permits, Ventura County Fire Department approvals, etc.).
e. Emergency Uses and Improvements. Uses and improvements required in emergency situations where delays incident to normal permit processing pursuant to this Chapter would defeat or seriously impair the purposes of an applicant or endanger the public health, safety and welfare. Temporary clearance for emergency uses and improvements under this Section shall be valid for a period not to exceed ninety (90) days beyond which such uses and improvements may remain only if proper application is made and approved in accordance with the provisions of this Chapter.
f. Sidewalk Sales and Displays. Sidewalk sales and displays in conjunction with a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious or service organization may be authorized for a duration of time not to exceed a total of ninety (90) calendar days in a twelve (12) month period. Temporary sales events in conjunction with a business within a center shall occur immediately adjacent to the business’ location and shall not impede required parking or handicap path of travel.
g. Food Truck Events. Food truck events that qualify for a Temporary Use Permit shall consist of no more than three (3) food trucks at any one time on the same property occupied by the business/establishment hosting the temporary event, for no more than three (3) days per event, with no event occurring more than twice per year per location and under current permits by the Ventura County Resource Agenda Item No. 14 Page 70 of 81 CC Agenda 12-16-2024
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Management Agency, Environmental Health Division. All other food truck events shall require a Special Event Permit per Section 10355(D). h. Group Assembly. A Temporary Use Permit shall be required for a group assembly not to exceed 100 persons nor continue for a duration exceeding three (3) days (excluding set-up and break-down) for a duration of time not to exceed a total of thirty (30) calendar days in a twelve (12) month period. and which do not involve amplified sound or music. Exceptions to this include events previously approved by the City’s Recreation and Community Services Division and the Community and Economic Development Department to occur in a City-owned park, except Hueneme Beach Park in which a Permit shall be required, and events held inside a facility designed to host such events (subject to occupancy requirements).
D. Special Event Permits.
1. Uses Subject to a Special Event Permit - Administrative Approval. a. Food truck events (more than three (3) trucks); and
b. Certified Farmers Markets, subject to the following criteria:
1. Such use shall be limited to not more than a total of 120 days in a calendar year.
2. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Community and Economic Development Director.
3. Seventy-five percent (75%) of the total farmers market sales area must be for the sale of farm products, such as fruits, vegetables, nuts, eggs, honey, livestock food products (meat, dairy products, etc.), flowers, and value added farm products such as baked goods, jams and jellies.
4. Farmers markets shall be certified and comply with the requirement of Chapter
10.5 Direct Marketing Requirements of Division 17 of the California Food and Agriculture Code.
5. All farmers markets shall have a market manager authorized to direct the operations of all vendors participating in the market on-site during hours of operation. Farmer market managers shall obtain and have on-site all operating and health permits during hours of operation.
6. Operating rules, hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the Community and Economic Development Director.
2. Uses Subject to a Special Event Permit - City Council Approval. a. All temporary cannabis uses;
b. Group assemblies of more than 100 persons and/or for a duration of more than three (3) days (excluding set-up and break-down);
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c. Group assemblies of any size for any duration which will include amplified sound or music;
d. Circuses, rodeos, carnivals, fairs, festivals and concerts when not held within premises designed to accommodate such events;
e. Any temporary use, which in the opinion of the Director of Community and Economic Development, requires City Council approval.
3. Development and Operational Standards for Special Event Permits. Development and operational standards for Special Event Permits shall comply with the operational standards for Temporary Use Permit in accordance with Section 10355(C)(2), as well as any additional requirements as set forth in Section 10355(D). Further, if off-site parking is required, the applicant shall provide proof from the owners of the properties on which the parking will be required that the parking spaces to be used are not required parking spaces, or that the parking spaces used in conjunction with the special event will not be used during normal business hours. Additionally, the applicant shall provide a plan for shuttles or other means to ensure the safe passage of event attendees between the off-site parking spaces and the event and any other documentation (i.e. approvals if the off-site parking occurs outside the City's jurisdiction) to the satisfaction of the Community and Economic Development Director.
F. Prohibited Uses. The following uses are prohibited.
1. Any use not allowed in the underlying zone.
2. Any food preparation activity, except for food vendors possessing a valid vendors’ license or food trucks in conjunction with an approved larger-scale temporary use or special event.
3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to an event sponsored by an educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code, or vendors not possessing a valid vendors’ license.
4. Any other temporary use determined to be a nuisance or which does not comply with the requirements of this Municipal Code (i.e. located in a required parking space).
G. Application and Permit Issuance.
1. General. A Temporary Use or Special Event Permit shall be required prior to commencement of any uses listed in Section 10355(C) or (D), as applicable. All events associated with a Temporary Use or Special Event Permit shall operate in compliance with all of the conditions associated with the Temporary Use or Special Event Permit.
A copy of the approved Temporary or Special Event Permit, along with the associated conditions, shall be in the possession of the person in charge during the event. Such copies shall immediately be presented to any City enforcement official upon request for examination.
2. Submittal Requirements.
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a. A completed application form and detailed project description, and property owner's authorization shall be provided.
b. Flame resistance certificate and specifications for all tents/canopies, as applicable. c. List of all vendors and type of service provided.
d. A site plan and any other relevant plans as determined necessary by the Department of Community and Economic Development to demonstrate the proposed event.
e. All applicable fees, including any cleanup and/or parking deposit.
3. Time to submit.
a. Temporary Use Permit: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than ten (10) working days from the date of the beginning of the proposed use.
b. Special Event Permit - Administrative Approval: A completed application form, submittal requirements and fees shall be submitted to the Community and Economic Development Department no less than sixty (60) calendar days from the date of the beginning of the proposed use.
c. Special Event Permit - City Council Approval: A completed application form, submittal requirements and all fees shall be submitted to the Community and Economic Development Department not less than ninety (90) calendar days from the date of the beginning of the proposed use.
4. Review Procedures.
a. Temporary Use Permits and Special Event Permits - Administrative:
1. Action on application. Upon receipt of a completed application and all related fees, the Community and Economic Development Director or his designee shall review and approve, modify, condition or deny the application. Note that review by outside agencies may be required.
2. Determination of applications for Special Event Permits – Administrative only, should the application be approved by the Director, the Director shall within two (2) days of the decision notify all owners of property abutting the subject site of the decision. If no written objection is received at the Department of Community and Economic Development within ten (10) days of the date which notice is mailed, the decision shall become final and the event may then occur on the approved date(s) and at the approved location. If however, an objection is raised as to the Director’s approval of said application, the application shall be referred to the City Council for their review and consideration. b. Special Event Permits requiring City Council approval:
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1. Action on application. Upon receipt of a completed application and all related fees, the City Council shall review and approve, modify, condition or deny the application at a duly noticed public hearing.
2. Decision. The decision of the City Council shall be deemed final.
H. Findings for Approval. The application may be approved or conditionally approved upon the making of the following findings:
1. The proposed use is consistent with the goals and policies of the General Plan.
2. The proposed use is consistent with the purpose of the applicable Zoning district.
3. The proposed use is listed as a use or clearly implied to be a use that is subject to a Temporary Use or Special Event Permit in the applicable Zoning district.
4. The proposed use meets the minimum requirements of this Code applicable to the use and complies with all other applicable laws, ordinances, and regulations of City and the State of California.
5. The proposed use will not be materially detrimental to the health, safety, or welfare of the public or to property and residents in the vicinity.
6. The proposed use is suitable for the site and is compatible with neighboring uses.
I. Terms and Conditions. Terms and conditions for approval of a Temporary Use or Special Event Permit are as follows:
1. Imposition of conditions. Any Temporary Use or Special Event Permit granted may include such terms and conditions as deemed necessary or appropriate by the Community and Economic Development Director to effect the purpose of this Code. If no additional terms or conditions are specified, the Temporary Use or Special Event Permit shall be considered unconditional and valid for the period set forth in Subsection 10355(H).
2. Time limits and Commencement of Development. The development for which the Temporary Use or Special Event Permit has been granted pursuant to this Chapter shall be valid only for the timeframe identified in the Temporary Use or Special Event Permit.
3. Condition of site following temporary use. Each site occupied by a temporary user shall be left free of debris, litter, or any other evidence of the temporary use upon the completion or removal of the use, and shall thereafter be uses, pursuant to the provisions of this Municipal Code.
J. Revocation and Modifications. Any Temporary Use Permit or Special Event Permit issued pursuant to this Section may be revoked or modified pursuant to Section 10357(E) of this Code.
Article X, Chapter 4, Part E, Section 10481:
10481 - Permitted uses in the C-1 Zone.
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No building or land shall be used and no building shall be hereafter erected or structurally altered except for one or more of the following uses:
A. Antique store;
B. Auctions and auctioneers;
C. Automobile service station;
D. Bakery (employing not more than five (5) persons on premises); E. Bank;
F. Barber shop or beauty shop;
G. Blueprinting and photocopying;
H. Book or stationery store;
I. Cleaning and pressing establishments using non-inflammable and non-explosive cleaning fluid;
J. Community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code” (Govt. Code Section 65914.900(a)(1));
K. Confectionery store;
L. Conservatory of music;
M. Department store;
N. Dressmaking and sales or millinery store;
O. Drug store;
P. Dry goods or notions store;
Q. Florist shop;
R. Funeral parlor;
S. Furniture store;
T. Garage, commercial (excepting truck repair);
U. Grocery or fruit store;
V. Hardware store;
W. Interior decorating store;
X. Jewelry store;
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Y. Laundry or clothes cleaning agency;
Z. Meat market or delicatessen store;
AA. Medical laboratory;
BB. Music store;
CC. News stand or newspaper vending;
DD. Nursery, flower or plants;
EE.Offices, business, medical or professional;
FF. Pet shop;
GG. Private clubs, fraternities, sororities, and lodges; HH. Radio and television store;
II. Restaurant, tearoom, or cafe (including beverage Control Act Type 41 liquor license or similar license which allows the sales, service and consumption of beer or wine on premises in conjunction with a primary restaurant use and excluding dancing or entertainment);
JJ. Service station occupying less than 150 feet of frontage on any one street; KK.Shoe store or shoe repair shop;
LL. Storage garage;
MM. Studio, photography or film developing;
NN. Tailor, clothing or wearing apparel shop;
OO. Theater or auditorium;
PP.Trade school;
QQ. Uses of structures which are incidental or accessory to any of the uses permitted in the zone; and
RR. Retail stores and businesses not otherwise specified above or within Section 10482.
Article X, Chapter 4, Part E, Section 10482:
10482 – Conditionally permitted uses in the C-1 Zone.
The following uses may be permitted in the C-1 Zone subject to the issuance of a Use Permit pursuant to Section 10352 or 10353; provided, however, that the applicant shows that the use or uses proposed will not be injurious or detrimental to the public health, safety or welfare or to property in the vicinity or zone in which the use or uses will be situated; provided, further, that the Agenda Item No. 14 Page 76 of 81 CC Agenda 12-16-2024
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Use Permit may be issued if potentially injurious or detrimental effects can be mitigated by the imposition of conditions requisite to issuance of said Permit:
A. Car wash;
B. Distribution;
C. Establishments for the sale of alcoholic beverages for on-site consumption except Beverage Control Act Type 41 licenses;
D. Establishments for the sale of alcoholic beverages for off-site consumption other than those deemed exempt from the provisions of Section 10291; E. Hospitals;
F. Hotels, motels and boatels;
G. Kennels and Veterinarian Hospitals;
H. Tobacco retailers other than those deemed exempt from the provisions of Section 10292; I. Trailer and mobile home sales;
J. Trailer and equipment sales and rentals;
K. Used car sales;
L. Permitted uses which do not otherwise comply with the provisions of Section 10484; and M. Arcades, as defined in Section 10031 of this code subject to the following conditions:
1. Place. Arcades shall be prohibited within five-hundred (500) feet of the property boundary of any public or private school, church, or park.
2. Hours of Operation. The hours of operation of an arcade may be between 3:00 p.m. and 10:00 p.m. on Mondays through Fridays, and 9:00 a.m. through 10:00 p.m. on Saturdays, Sundays, and on holidays as designated in Section 6702 of the California Government Code.
3. Bicycle Racks. Bicycle racks shall be placed on site in locations approved by the Director of Community and Economic Development. Bicycle racks shall provide one bicycle stall for every three (3) amusement devices, as the term "amusement device" is defined in Section 5003(a) of this code.
4. Exterior Walls. All exterior walls shall have a sound transmission class rating of fiftyfour (54).
5. Liquor. No alcoholic beverages of any kind, including, but not limited to, wine and beer, shall be sold, served, consumed, or permitted to be sold, served, or consumed in any arcade to or by any person.
6. Tokens. Amusement devices as defined in Section 5003(a) of this code, shall be operated only by tokens which may be purchased on the premises of the arcade.
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7. Restrooms. Separate public restroom facilities for males and females shall be provided on the arcade premises.
8. Supervision. At least one adult shall be in attendance at all times that the arcade is open and shall provide adequate management and control over the activities at the arcade premises. Such adult shall not have any duties of selling tokens or repairing the amusement devices, as defined in Section 5003(a) of this code, while the arcade is open.
9. Lighting. A minimum of two (2) foot candle illumination must be maintained in all parts of the arcade when the arcade is open.
10. Revocation of Permit. Operation of a business in violation of any condition attached to the Use Permit shall be grounds for revocation or non-renewal of any license, permit, or other entitlement previously issued by the City, for the privilege of engaging in such business and shall be grounds for denial of any further license, permit or other entitlement authorizing the conduct of such business or any other business, if the business includes the operation of an arcade. The applicant shall include with the application for a Use Permit a certified copy of any license which is required to be secured from any governmental agency in order to use the property for an arcade.
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF PORT HUENEME )
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, California, do hereby certify that the foregoing Ordinance No. ____ was introduced at the regular meeting of _____, 2024, and duly adopted at the regular meeting of ________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dated:
Georgianna Nicole Alvarez
City Clerk
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CEQA Notice of Exemption
Updates to Zoning Ordinance
CASE NO. PHZ-24-4
The applicant, the City of Port Hueneme, is proposing amend the following sections of the Port Hueneme Municipal Code, Article X: 10353, 10355, 10481 and 10482, pertaining to Administrative Permits, temporary uses, and permitted and conditionally permitted uses in the General Commercial (C-1) zone, respectively, and adding sections 10290- 10295 to Article X, regarding standards for alcohol beverage sales and tobacco retailer establishments (Case No. PHZ-24-4).
The proposed project is deemed categorically exempt from review under the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061(b)(3), which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The proposed project consists of amendments to Municipal Code standards related to processing applications administratively, clarifying standards for temporary uses, making minor revisions to the lists of uses that are permitted or conditionally permitted in the C-1 zone, and adding permitting requirements and operations standards for existing and new alcohol beverage sales establishments and tobacco retailers. None of the amendments will result in actual development. Therefore, the project will not adversely impact the environment and is consequently exempt from CEQA.
Attachment G
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