Agenda packet — Port Hueneme City Council, November 17, 2025 (part 2 of 2)

Director with extensive experience serving as the former Director of Planning for the County of Ventura.

Upon review of the department’s duties and staffing levels, it was determined that the Economic Development functions would be transferred to the City Manager’s Office to ensure direct oversight and strategic alignment with Citywide priorities. While the Community Development Department will continue to function in the areas of Planning/Zoning; Code Compliance; Building & Safety, and Neighborhood Preservation/Block Grants.

The City’s Economic Development Plan included a goal of increasing the City’s capacity towards Economic Development efforts. To do so, this item also includes reclassifying the Confidential Administrative Analyst position to Management Analyst, and assigning Economic Development administrative duties to the Management Analyst, who will support the City Manager as lead on Economic Development. Effective Economic Development requires significant and consistent time attending meetings and following up with reports, proposals, etc. This position will provide support to the City Manager in these functions. The reclassification will provide the City Manager with enhanced support to delegate assignments, oversee program implementation, consistent reporting, and coordinate Economic Development projects and initiatives.

FISCAL IMPACT:

Because the Community Development Director position was budgeted as part-time in the current year, approval of this action and reinstatement of a full-time Community Development Director would require an appropriation of $133,000, to fund the Community Development Director position for the second half of the fiscal year, to the Community Development Administration Division wage and benefit accounts.

Funding would come from the General Fund Unassigned Fund Balance which including these appropriations is estimated to be $7.8 million at June 30, 2027. This appropriation is anticipated to be off-set with attrition of other positions funded with General Fund dollars, but it is recommended to begin the recruitment and filling this position at this time.

ATTACHMENTS:

A. Amended - Executive Management Salary Schedule
Agenda Item No. 04 Page 2 of 3 CC Agenda 11-17-2025
Classification Employee Group Step
Council Member Elected Official
Housing Authority Board Member Board Members
PHWA Board Member Board Members
Classification Employee Group Step Hourly Monthly Annual Base $60.94 $10,563 $126,760
Mid $70.09 $12,150 $145,795
Top $79.24 $13,736 $164,829
Base $114.04 $19,766 $237,196
Mid $131.07 $22,718 $272,621
Top $148.10 $25,671 $308,046
Base $82.02 $14,217 $170,610
Mid $94.33 $16,350 $196,201
Top $106.63 $18,483 $221,793
Base $84.90 $14,715 $176,583
Mid $97.63 $16,923 $203,072
Top $110.37 $19,130 $229,561
Base $44.85 $7,774 $93,292
Mid $51.59 $8,942 $107,302
Top $58.32 $10,109 $121,313
Base $82.92 $14,373 $172,477
Mid $95.37 $16,531 $198,369
Top $107.82 $18,688 $224,261
Base $82.02 $14,217 $170,610
Mid $94.33 $16,350 $196,201
Top $106.63 $18,483 $221,793
Base $79.50 $13,781 $165,370
Mid $91.44 $15,850 $190,202
Top $103.38 $17,920 $215,035
Base $103.69 $17,972 $215,666
Mid $119.17 $20,656 $247,877
Top $134.66 $23,341 $280,089
Base $84.38 $14,626 $175,514
Mid $97.05 $16,822 $201,862
Top $109.72 $19,017 $228,210
*Effective 11/03/2025
City of Port Hueneme
FY26 Executive Management Salary Schedule (eff 7/7/2025 - 2% COLA) City of Port Hueneme - Updated 7/7/2025
FY26 Council and Board Member Salary Schedule
Compensation and Frequency
$751.38 per Month
$50.00 per Meeting
$50.00 per Meeting
City Clerk Executive Management
City Manager Executive Management
Community Development Director* Executive Management
Management Analyst* Executive Management
Deputy City Manager Executive Management
Finance Director Executive Management
Housing and Facilities Director Executive Management
Police Chief Executive Management
Public Works Director Executive Management
Community and Economic Development Director Executive Management Agenda Item No. 04 Page 3 of 3 CC Agenda 11-17-2025
DATE: November 17, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Tom Juzwiak, Building Official
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE TO ADOPT 2025 EDITIONS OF THE CALIFORNIA BUILDING

STANDARDS CODE
RECOMMENDATION:

It is recommended that 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. Adopt by title only, and waive further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Port Hueneme, California, Amending Article VIII, Building Regulations, of the Port Hueneme Municipal Code Incorporating the California Building Standards Code by Reference as Follows:
(1) California Building Code (CBC) with Appendices C, G, I and J, California Residential Building Code (CRC) with Appendix BF, and California Green Building Standards Code (CGBSC), 2025 Editions; (2) California Electrical Code (CEC), 2025 Edition; (3) California Plumbing Code (CPC), 2025 Edition; (4) California Mechanical Code (CMC), 2025 Edition; (5) California Administrative Code (CAC), 2025 Edition; (6) California Energy Code CENC), 2025 Edition; (7) California Existing Building Code (CEBC), 2025 Edition; (8) California WildlandUrban Interface Code, 2025 Edition (9) International Property Maintenance Code (IPMC), 2024 Edition; (10) International Swimming Pool and Spa Code (ISPSC), 2024 Edition; (10) Gypsum Association Fire Resistive Design Manual, TwentyThird Edition, GA-600-2024; and making miscellaneous revisions to Article VIII, Building Regulations, to provide consistency with the California Building Standards Code; and

4. Find the project to be categorically exempt from CEQA.

BACKGROUND/ ANALYSIS:

At its meeting of October 20, 2025, the City Council held a public hearing for the first reading and introduction of the proposed Ordinance amending Article VIII, Building Regulations, to incorporate the 2025 California Building Code Standards by reference.

The Ordinance was introduced with a unanimous 5-0 vote.

The October 20, 2025 agenda report is attached for reference.

Agenda Item No. 05 Page 1 of 19 CC Agenda 11-17-2025
Adopt 2025 California Building Standards Code
November 17, 2025

Page 2 ends

FISCAL IMPACT:

There will be no impact to the City’s General Fund. This item does not require an expenditure of funds.

STRATEGIC PLAN:

Primary Strategic Pillar and Initiative:

Safe, Secure, & Beautiful Community
• Upgrade our beach, parks, City-owned facilities and structures to provide a better experience for our residents, employees, commuters, and visitors ATTACHMENTS:

A. Ordinance
B. October 20, 2025 Agenda Report
Agenda Item No. 05 Page 2 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 1 of 14
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,

CALIFORNIA, AMENDING ARTICLE VIII, BUILDING REGULATIONS, OF THE

PORT HUENEME MUNICIPAL CODE INCORPORATING THE CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE AS FOLLOWS: (1)

CALIFORNIA BUILDING CODE (CBC) WITH APPENDICES C, G, I AND J,

CALIFORNIA RESIDENTIAL BUILDING CODE (CRC) WITH APPENDIX BF, AND CALIFORNIA GREEN BUILDING STANDARDS CODE (CGBSC), 2025
EDITIONS; (2) CALIFORNIA ELECTRICAL CODE (CEC), 2025 EDITION; (3) CALIFORNIA PLUMBING CODE (CPC), 2025 EDITION; (4) CALIFORNIA MECHANICAL CODE (CMC), 2025 EDITION; (5) CALIFORNIA ADMINISTRATIVE CODE (CAC), 2025 EDITION; (6) CALIFORNIA ENERGY CODE CENC), 2025 EDITION; (7) CALIFORNIA EXISTING BUILDING CODE (CEBC), 2025 EDITION; (8) CALIFORNIA WILDLAND-URBAN INTERFACE, 2025 EDITION; (9) INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC), 2024 EDITION; (10) INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC), 2024 EDITION; (11) GYPSUM ASSOCIATION FIRE RESISTIVE DESIGN MANUAL, TWENTY-THIRD EDITION, GA-600-2024; AND MAKING MISCELLANEOUS

REVISIONS TO ARTICLE VIII, BUILDING REGULATIONS, TO PROVIDE CONSISTENCY WITH THE CALIFORNIA BUILDING STANDARDS CODE.

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1: Findings
A. The City is authorized to adopt codes by reference pursuant to Government Code §50022.1 and following.

B. In accordance with Health & Safety Code §17958.7, it is in the public interest to adopt certain codes with local changes.

C. Pursuant to the requirements of Health & Safety Code §17958.7, there are local geographical conditions justifying the amendments to the California Building Code as set forth below:

1. Climatic. The local climate is characterized by periods of high temperatures accompanied by low humidity and high winds each year. These conditions could create an environment in which the Fire Department may have great difficulty in controlling fires occurring in hillside brush areas, as well as structures not having built-in fire protection. Further, the warm climate encourages the proliferation of swimming pool construction, which makes modifications to the California Building Code relating to swimming pools desirable to adequately protect small children from drowning hazards.

The City and region also experience periods of intense rainfall, which creates the need for special drainage precautions.

2. Geological. The City is located in an area with expansive soils and includes hillsides that are subject to mud flows and unstable soils. Special foundation considerations and soils analysis requirements must be in place to provide a reasonable degree of structural integrity for buildings constructed in these areas in order to prevent injury to building occupants, neighbors, and persons using public property. These factors require specific and greater protection than is afforded by the California Building Code.

Attachment A
Agenda Item No. 05 Page 3 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 2 of 14

3. Topographical. The City has flat land developments that require special drainage precautions. Structures would be subject to water damage without special requirements addressing site drainage.

4. The local climatic, geologic and topographic conditions male modifications and changes to the 2025 Edition of the California Building Code reasonably necessary to provide sufficient and effective protection of life, health and property.

5. The City Council has determined that the public interest, convenience, and necessity require the adoption of this Ordinance.

SECTION 2: Adoption by Reference
Pursuant to Government Code §50022.9, the City Council incorporates by reference, and with local amendments, the following 2025 California Building Standards Code in its entirety as if set forth in full herein:

A. The California Building Code ("CBC") with Appendices C, G, I and J, California Residential Building Code with Appendix BF, and California Green Building Code, 2025 Editions, as published in Title 24, Part 2, Part 2.5, and Part 11 of the California Code of Regulations; B. The California Electrical Code, 2025 Edition ("CEC"), as published in Title 24, Part 3 of the California Code of Regulations;
C. The California Plumbing Code, 2025 Edition ("CPC"), as published in Title 24, Part 5 of the California Code of Regulations;
D. The California Mechanical Code, 2025 Edition ("CMC"), as published in Title 24, Part 4) of the California Code of Regulations;
E. The California Energy Code, 2025 Edition (“CENC”), as published in Title 24, Part 6 of the California Code of Regulations;
F. The California Existing Building Code, 2025 Edition (“CEBC”), as published in Title 24, Part 10 of the California Code of Regulations;
G. The California Administrative Code (aka California Building Standards Administration Code), 2022 Edition ("CAC"), as published in Title 24, Part 1 of the California Code of Regulations;
H. The California Wildland-Urban Interface Code, 2025 Edition ("CWUIC"), as published in Title 24, Part 7 of the California Code of Regulations; I. The International Property Maintenance Code, 2024 Edition, as published by the International Code Council;
J. The International Swimming Pool and Spa Code, 2024 Edition, as published by the International Code Council, and;
K. The Gypsum Association Fire Resistive Design Manual, Twenty-Third Edition, GA600-2024, as published by the Gypsum Association.

Agenda Item No. 05 Page 4 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 3 of 14
SECTION 3: Codification
Port Hueneme Municipal Code ("PHMC") Article VIII (Building Regulations) is amended in its entirety to read as set forth in the attached Exhibit "A", which is incorporated herein by reference.

SECTION 4; Severability
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted this Ordinance and each and all of its provisions, irrespective of the fact that any one or more of said provisions may be declared invalid.

SECTION 5: Summary of Ordinance
Pursuant to Government Code §36933(c)(1), the City Clerk was designated to prepare and publish a summary of this Ordinance, and a certified copy of it was posted in the Office of the City Clerk a minimum of five days before the City Council's public hearing to consider adoption of the Ordinance.

SECTION 6: Repeal
Repeal of any portion of the Port Hueneme Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or precludes prosecution and imposition of penalties for any violation occurring before the effective date of this Ordinance. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of the Ordinance.

SECTION 7: Validity
If this entire Ordinance or its application is deemed invalid by a Court of competent jurisdiction, any repeal of the Port Hueneme Municipal Code or other City ordinance by this Ordinance will be rendered void and cause such Port Hueneme Municipal Code provisions or other City ordinance to remain in full force and effect for all purposes.

SECTION 8: Environmental Determination
The City Council determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§15000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§15000, et seq., the "CEQA Guidelines") because it consists only of minor revisions and clarifications to an existing code of construction-related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefore. This ordinance, therefore, is an action being taken for enhanced protection of the environment and that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §15305 as a minor alteration in land use limitations which do not result in any changes in land use or density and §15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment.

Agenda Item No. 05 Page 5 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 4 of 14
SECTION 9: Publication of Ordinance
The City Clerk must publish a summary of this Ordinance within fifteen (15) days after adoption including the names of City Council Members voting for and against the Ordinance.

SECTION 10: Effectiveness
This Ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted take effect thirty (30) days after its adoption.

PASSED and ADOPTED on this ___ day of , 2025.

Martha R. McQueen-Leoghn
Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
APPROVED AS TO FORM:
________________________________
Joan Stevens Smyth
City Attorney
Agenda Item No. 05 Page 6 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 5 of 14
ORDINANCE NO. ____
EXHIBIT "A"
In the attached portions of Article VIII (Building Regulations) or the Municipal Code of the City of Port Hueneme, underlined type denotes proposed additions to the existing version of Article VIII and proposed deletions are denoted by strikeouts (xxxxxx).

Agenda Item No. 05 Page 7 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 6 of 14
ITEM 1
Port Hueneme Municipal Code (PHMC) Section 8050 is amended to read as follows:
“8050 Adoption.

The building codes known as the "California Building Code", the "California Residential Building Code", and the "California Green Building Standards Code", 2022 2025 Editions, as published in Part 2, Part 2.5, and Part 11 of the Title 24 California Code of Regulations, the purpose and subject matter of which, among other things, is to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures in the City of Port Hueneme; providing for the issuance of permits and collection of fees therefore; providing for penalties for the violation thereof; and to protect the public health and safety, are hereby adopted and enacted as the primary building codes of the City and made a part of these Building Regulations by reference with the same force and effect as if fully set forth herein.

At least one (1) copy of these codes has been deposited in the Office of the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by public.” ITEM 2
PHMC Section 8055 is amended to read as follows:
“1. Residential Foundation Design shall be according 2022 2025 CRC chapter 4, except as amended below. Residential foundations for three story and above structures, or are on unstable soils, or of unusual shapes beyond the limits of the CRC, shall be designed by a licensed Professional Engineer and/or Architect. The following amendments shall be adopted for said foundations:
(a) shall have a 27” minimum depth for all footings
(b) foundation design when buildings are located on expansive soil having an expansion index greater than 50, gutters, downspouts, piping, and other non-erosive devices must be provided to collect and conduct rain water to pervious areas, such as yards, open channels, or vegetated areas. Routing rooftop runoff via yard drains to the roadway or the storm water conveyance system is not permitted.

2. Structural Design of Commercial Buildings shall be designed by a licensed Professional Engineer and/or Architect according to the 2022 2025 CBC.” Agenda Item No. 05 Page 8 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 7 of 14
Note: Table 1809.7 is omitted in its entirety
Table 1809.7 Foundations for stud bearing walls minimum requirements 1, 10,11,12
Weighted Foundation for slab and raised floor systems
2,5,7
Concrete slabs
expansion No. of Stem Footing Footing All perimeter Interior footings Reinforcement 3-1/2" minimum thickness Pre-moisteneing Restrictions onindex stories thickness 8 width
9 thickness footings
6 for slab and for continuous 4" with E.I. over 51 of soils under piers under raised floors
6 foundations
3,8
Reinforcement
4 Total footings, piers raised floors
Depth below natural surface thickness and slabs
5,6
of ground and finish grade of sand
Inches
0-20 1 6 12 6 12 12 1-# 4 # 4 @ 48" o/c.. M oistening of ground Piers allowed forVery low 2 6 15 7 18 18 Top and each way 2" prior to placing concrete single floor non expansive 3 10 18 8 24 24 bottom or is recommended loads only21-50 1 6 12 6 15 12 1-# 4 # 3 @ 36" o/c.. 3% over optimum moisture required Piers allowed forLow 2 8 15 7 18 18 Top and each way 4" to a depth of 18" below lowest adjacent single floor 3 10 18 8 24 24 bottom grade. Testing required. loads only 51-90 1 6 12 8 21 12 1-# 4 top # 3 @ 24" o.c. 3% over optimum moisture required M edium 2 8 15 8 21 18 and bottom each way 4" to a depth of 18" below lowest adjacent Piers not 3 10 18 8 24 24 # 3 bars @ 24" o.c. each way grade. Testing required. allowed 12" into footing, 36" into slab
10 91-130 1 6 12 8 27 12 2- # 4 # 3 @ 24" o.c. 3% over optimum moisture required High 2 8 15 8 27 18 Top & bottom each way 4" to a depth of 18" below lowest adjacent Piers not 3 10 18 8 27 24 # 3 bars @ 24" o.c. each way grade. Testing required. allowed 12" into footing, 36" into slab
10 Above 130 Special design by a licensed Architect or Engineer requiredvery high Agenda Item No. 05 Page 9 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 8 of 14
ITEM 3
PHMC Section 8056 is amended to read as follows:
"Swimming pool enclosures and safety devices.
2021 2024 ISPSC Section 202 DEFINITIONS: ,

1. Barrier; A barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pools and obstructs access to the swimming pool.

2. Swimming Pools. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding eighteen (18) inches. The term, "pool," includes swimming pools, spas, hot tubs, above- and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

General. The design and construction of swimming pools, spas and hot tubs shall comply with the 2021 2024 ICC Swimming Pool and Spa Code (ISPSC).

Swimming Pool and Spa Barrier height and clearances shall be enforced as follows:

Barrier height and clearances. The top of the barrier must be at least sixty (60) inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between the grade and the bottom of the barrier must be two (2) inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be less than must be four (4) inches.

Openings. Openings in the barrier must not allow passage of a four (4)-inch-diameter sphere.

Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (45) inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than one and three-quarters (1 ¾) inches in width.

Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than one and three-quarters (1 ¾) inches in width.

Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is forty-five (45) inches or more, spacing between the vertical members must not be greater than four (4) inches. Where there are decorative cutouts within vertical members, spacing must not be greater than one and threequarters (1 ¾) inches in width.

Agenda Item No. 05 Page 10 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 9 of 14
Chain link dimensions. Mesh size for chain link fences must not be greater than one and threequarters (1 ¾) inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than one and three-quarters (1 ¾) inches in width.

Diagonal members. Where the barrier is composed of diagonal members, the members shall not be greater than one and three-quarters (1 ¾) inches in width.

Gates. Access gates must comply with the requirements of the 2021 2024 ISPSC and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self-closing and have a self-latching device. Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with CBC Sections 1010.2. Where release mechanisms of the self-latching device are located less than sixty (60) inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three (3) inches below the top of the gate and the gate barrier may have no opening greater than one-half (1/2) inch within eighteen (18) inches of the release mechanism.

Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.

Pool structure as barrier. Where an above-ground pool structure, and the means of access is a ladder of steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a four (4)-inch-diameter sphere.

Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with additional barrier elements.

Prohibited locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than thirty-six (36) inches between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure." ITEM 4
PHMC Section 8057 is added to read as follows:
"Residential Foundation Minimum Size.

Section R403.1.1 of the California Residential Code is amended to read as follows:

R403.1.1 The minimum width, (W), and thickness for concrete footings must be in accordance with Table 403.1 and Figure R403.1(1) or Figure R403.1.3, as applicable. The footing width must be based on the load-bearing value of the soil in accordance with Table R401.4.1. Footing projections, (P), must be not less than two (2) inches and may not exceed the thickness of the footing. Footing thickness and projection for fireplaces must be in accordance with Section R1001.2. The size of footings, supporting piers and columns will be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1. The minimum depth of footings Agenda Item No. 05 Page 11 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 10 of 14
into undisturbed natural soils, or engineered fill, shall be of 27 inches minimum, not including the thickness of the slab, and there shall be (2) #4 rebar near the top and the bottom of the footing (in addition to the slab reinforcement).”
Agenda Item No. 05 Page 12 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 11 of 14
Note: Table 403.1 is omitted in its entirety
Table 403.1 Foundations for stud bearing walls minimum requirements1, 10,11,12 Weighted Foundation for slab and raised floor systems2,5,7 Concrete slabs
expansion No. of Stem Footing Footing All perimeter Interior footings Reinforcement 3-1/2" minimum thickness Pre-moisteneing Restrictions onindex stories thickness8 width9
thickness footings6
for slab and for continuous 4" with E.I. over 51 of soils under piers under raised floors6
foundations 3,8 Reinforcement 4
Total footings, piers raised floors
Depth below natural surface thickness and slabs5,6
of ground and finish grade of sand
Inches
0-20 1 6 12 6 12 12 1-# 4 # 4 @ 48" o/c.. M oistening of ground Piers allowed forVery low 2 6 15 7 18 18 Top and each way 2" prior to placing concrete single floor non expansive 3 10 18 8 24 24 bottom or is recommended loads only21-50 1 6 12 6 15 12 1-# 4 # 3 @ 36" o/c.. 3% over optimum moisture required Piers allowed forLow 2 8 15 7 18 18 Top and each way 4" to a depth of 18" below lowest adjacent single floor 3 10 18 8 24 24 bottom grade. Testing required. loads only 51-90 1 6 12 8 21 12 1-# 4 top # 3 @ 24" o.c. 3% over optimum moisture required M edium 2 8 15 8 21 18 and bottom each way 4" to a depth of 18" below lowest adjacent Piers not 3 10 18 8 24 24 # 3 bars @ 24" o.c. each way grade. Testing required. allowed 12" into footing, 36" into slab 10
91-130 1 6 12 8 27 12 2- # 4 # 3 @ 24" o.c. 3% over optimum moisture required High 2 8 15 8 27 18 Top & bottom each way 4" to a depth of 18" below lowest adjacent Piers not 3 10 18 8 27 24 # 3 bars @ 24" o.c. each way grade. Testing required. allowed 12" into footing, 36" into slab 10
Above 130 Special design by a licensed Architect or Engineer requiredvery high Agenda Item No. 05 Page 13 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 12 of 14
ITEM 5
PHMC Section 8100 is amended to read as follows:
“The code known as the "International Property Maintenance Code" 2021 2025 Edition, (IPMC) promulgated and published by the International Conference of Building Officials, the purpose and subject matter of which among other things is to protect the public health and safety as set out in Section 102 of said uniform code, is hereby adopted and enacted as the Dangerous Buildings Code (DBC) for abatement of dangerous buildings in the City of Port Hueneme and made part of these Building Regulations by reference with the same force and effect as if fully set forth herein with specific modifications as indicated below. Such modified uniform code will be referred to herein as the Dangerous Buildings Code.

At least one (1) copy of the International Property Maintenance Code, 2021 2025Edition, has been deposited in the office of the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the public.”
ITEM 6
PHMC Section 8200 is amended to read as follows:
“8200 Adoption.

That electrical code known as the California Electrical Code 2022 2025 Edition ("CEC"), as published in Title 24, Part 3 of the California Code of Regulations, the purpose and subject matter of which, among other things, is to provide minimum standards for the installation, maintenance, and use of electrical wiring and electrical apparatus in order to safeguard persons and property from electrical hazards, as adopted by the State of California, is hereby adopted and enacted as the primary electrical code of the City and made part of these Building Regulations by reference, with the same force and effect as if fully set forth herein.

At least one (1) copy of the Code has been deposited in the Office of the City Clerk, and must be at all times maintained by the City Clerk for use and examination by the public.” ITEM 7
PHMC Section 8250 is amended to read as follows:
"8250 Adoption.

That plumbing code known as the California Plumbing Code 2022 2025 Edition ("CPC"), as published in Title 24, Part 5 of the California Code of Regulations, the purpose and subject matter of which is to protect public health and safety by establishing minimum regulations for the installation, alteration, or repair of plumbing and drainage systems, as adopted by the State of California, is adopted and enacted as the primary plumbing code of the City and made a part of these Building Regulations by reference, with the same force and effect as if fully set forth herein.

At least one (1) copy of the Code has been deposited in the Office of the City Clerk, and must be at all times maintained by the City Clerk for use and examination by the public." ITEM 8
PHMC Section 8300 is amended to read as follows:
"8300 Adoption.

That mechanical code known as the California Mechanical Code 2022 2025 Edition ("CMC"), as published in Title 24, Part 4 of the California Code of Regulations, the purpose and Agenda Item No. 05 Page 14 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 13 of 14
subject matter of which, among other things, is to protect public health and safety by providing requirements for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, as adopted by the State of California, is adopted and enacted as the primary mechanical code of the City and made a part of these Building Regulations by reference, with the same force and effect as if fully set forth herein.

At least one (1) copy of the Code has been deposited in the Office of the City Clerk, and must be at all times maintained by the City Clerk for use and examination by the public." ITEM 9
PHMC Section 8700 is amended to read as follows:
"8700 Adoption.

The code known as the California Administrative Code (aka California Building Standards Administrative Code), 2022 2025 Edition, as published in Part 1 of Title 24 of the California Code of Regulations, the purpose and subject matter of which, among other things, is to protect public health and safety, is adopted and enacted and made a part of these Building Regulations by reference, with the same force and effect as if fully set forth herein.

At least one (1) copy of the California Administrative Code, 2022 2025 Edition, has been deposited in the Office of the City Clerk, and must be at all times maintained by the City Clerk for use and examination by the public."
Agenda Item No. 05 Page 15 of 19 CC Agenda 11-17-2025
Ordinance No.___, Page 14 of 14

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 _____, 2025, and duly adopted at the regular meeting of ________, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 05 Page 16 of 19 CC Agenda 11-17-2025
DATE: October 20, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Tom Juzwiak, Building Official
SUBJECT: INTRODUCE ORDINANCE TO ADOPT 2025 EDITIONS OF THE

CALIFORNIA BUILDING STANDARDS CODE
RECOMMENDATION:

It is recommended that 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, and waive further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Port Hueneme, California, Amending Article VIII, Building Regulations, of the Port Hueneme Municipal Code Incorporating the California Building Standards Code by Reference as Follows: (1) California Building Code (CBC) with Appendices C, G, I and J, California Residential Building Code (CRC) with Appendix BF, and California Green Building Standards Code (CGBSC), 2025 Editions; (2) California Electrical Code (CEC), 2025 Edition; (3) California Plumbing Code (CPC), 2025 Edition; (4) California Mechanical Code (CMC), 2025 Edition; (5) California Administrative Code (CAC), 2025 Edition; (6) California Energy Code CENC), 2025 Edition; (7) California Existing Building Code (CEBC), 2025 Edition; (8) California Wildland-Urban Interface Code, 2025 Edition (9) International Property Maintenance Code (IPMC), 2024 Edition; (10) International Swimming Pool and Spa Code (ISPSC), 2024 Edition; (10) Gypsum Association Fire Resistive Design Manual, Twenty-Third Edition, GA-600-2024; and making miscellaneous revisions to Article VIII, Building Regulations, to provide consistency with the California Building Standards Code; and

4. Schedule a public hearing for the City Council's November 17, 2025 meeting to consider adoption of the proposed Ordinance; and

5. Designate the City Clerk to publish a summary of the proposed Ordinance at least five days before the City Council meeting at which the proposed Ordinance is to be considered for adoption.

BACKGROUND/ ANALYSIS:

It is time again to incorporate the California Building Standards Code into the Municipal Code as part of the state's triennial update. In general, building code requirements apply to the construction of new buildings, alterations or additions to existing buildings, Attachment B
Agenda Item No. 05 Page 17 of 19 CC Agenda 11-17-2025
Ordinance Introduction: Adopt 2025 California Building Standards Code October 20, 2025

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changes in the use of buildings, and the demolition of buildings or portions of buildings at the end of their useful or economic lives.

As a way of history, the system of building regulations in the United States began with various regional bodies who formed in the early 1900s. The codes developed for the East Coast and Midwest were handled by the Building Officials Code Administrators International, while the codes from the Southern Building Code Congress International were used in the Southeast and the codes published by the International Conference of Building Official covered the West Coast. By the early 1990s, it became evident that the United States needed a single coordinated set of national model building codes. The nation's three model code groups decided to combine their efforts and in 1994, formed the International Code Council to develop model codes that would have no regional limitations.

With regard to adopting model codes in California, the California Building Standards Commission ("BSC") was established in 1953 by the State Building Standards Law.

The BSC is an independent commission within the State's Consumer Services Agency.

BSC members are appointed by the Governor and confirmed by the State Senate. The BSC has legislative authority to develop and adopt statewide building standards based upon the independent model codes. The BSC codifies and publishes its set of state building standard codes in Title 24 of the California Code of Regulations. Title 24 is comprised of 12 parts that regulate all buildings in California.

Every three years (during its triennial cycle), the BSC reviews the newest model code published by the independent code-developing bodies and incorporates them into the state codes. The resulting building regulations have the same force of law, and take effect 180 days after their publication by the BSC. After publication, a city or county may establish more restrictive building standards reasonably necessary because of local climatic, geologic, or topographical conditions. Findings of the local conditions and the adopted local building standards amendment(s) must be filed with the BSC to become effective. The BSC will reject the filings by local governments where no express findings are submitted to evidence the need for more restrictive building standards based upon local climatic, geologic, or topographical conditions.

The goal of the BSC is to have building standards with fewer and fewer amendments by state and local agencies so that Title 24 is understandable, simplified (devoid of errors and conflicts), and highly consistent so the public can more easily design buildings and have assurance that permits can be obtained that meet code and improve building performance statewide. The challenge in obtaining complete statewide consistency is that the consumer, material, labor, and legislative interests are almost as diverse as the building code itself.

The BSC has completed state adoption of the most recent model building codes promulgated by the International Code Council. With this action, local governments, including Port Hueneme, are now in the process of scheduling adoption of these codes known as the 2025 Edition of the California Building Standards Code ("CBSC") with or without local amendments.

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Ordinance Introduction: Adopt 2025 California Building Standards Code October 20, 2025

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With the approval of Assembly Bill 130 on June 30, 2025 the State of California has prohibited the cities from considering, approving, or adopting any proposed building standards affecting residential units, unless certain conditions are met, including that the commission deems those changes necessary as emergency standards to protect the health and safety of the community from October 1, 2025 to June 1, 2031. Therefore, there are no proposed code amendments from the previous code adoption cycle.

City staff recommends the City Council adopt the 2025 CBSC into the Port Hueneme Municipal Code with several local amendments, including Swimming pool enclosures and safety devices and additional structural design requirements due to expansive soils.

The proposed Ordinance will bring the Port Hueneme Municipal Code into conformance with the 2025 CBSC by amending relevant sections of the Building Regulations Chapter (Section VIII) to reflect the 2025 editions.

Exhibit "A" of the proposed Ordinance depicts the additions (underlined text) and the deletions (text stricken) from the existing version of the City's Building Regulations.

In closing, the CBSC is applicable to all occupancies throughout California, whether or not the local government takes an affirmative action to adopt the CBSC. However, by taking such affirmative action, the City may adopt the CBSC with the revisions noted herein. Moreover, state Housing Law requires local building departments to enforce the Law, building standards, and implementing regulations of the Department of Housing and Community Development for residential structures. Essentially, the City's Building Official is an officer of the state as it relates to implementing and enforcing Building Codes.

Due to length, copies of the 2025 CBSC do not accompany the staff report. However, copies are available at the Community Development Department.

FISCAL IMPACT:

There will be no impact to the City’s General Fund. This item does not require an expenditure of funds.

STRATEGIC PLAN:

Primary Strategic Pillar and Initiative:

A. Ordinance
Agenda Item No. 05 Page 19 of 19 CC Agenda 11-17-2025
DATE: November 17, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Brian Popovich, City Manager’s Analyst
SUBJECT: CONSIDER INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 10

TO ARTICLE V OF THE PORT HUENEME MUNICIPAL CODE

REGULATING SHORT-TERM RENTALS
RECOMMENDATION:

It is recommended that the City Council:

1. Continue 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, Chapter 10 to Article V of the Port Hueneme Municipal Code Regulating Short-Term Rentals”; and

4. Find the project to be categorically exempt from CEQA; and

5. Take such additional related action that may be desirable.

BACKGROUND/ANALYSIS:

Recap of the Continued November 3, 2025 Public Hearing
At the November 3, 2025 City Council meeting, the City Council opened the public hearing on the Short-Term Rental ordinance, received testimony from residents, HOA leaders, and STR operators, and discussed a balanced regulatory approach. With two members absent, the Council continued the public hearing to a future meeting so the full body could further consider spacing standards, exterior signage requirements, permit fees, and clarifying that a 29-night stay is treated the same as 30 days for compliance purposes, while also noting the need for consistency with Coastal Commission requirements.

These considerations will be reflected in the updated presentation and discussion for Council direction. This report returns the ordinance for Council consideration and action at the November 17 meeting.

Staff Report Prepared for the November 3, 2025 Meeting
In October 2024, the City received complaints and inquiries regarding short-term rentals and the lack of regulations governing them. At the January 6, 2025 City Council meeting, Agenda Item No. 06 Page 1 of 12 CC Agenda 11-17-2025
Short-Term Rental Ordinance
November 3, 2025

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the Council requested that a future agenda item be brought to Council to discuss shortterm rentals in Port Hueneme and options for regulation. On February 18, 2025, staff presented a report providing an overview of short-term rental activity and regulatory approaches used by nearby cities. Following that discussion, Council directed staff to conduct additional community engagement, document the community’s preferred solutions, and return with ordinance frameworks. Over the next several months, staff carried out this directive through an online survey which was completed by more than 200 participants and a community forum held at City Hall on June 25, 2025, which included resident participation and feedback.

At its August 18, 2025 meeting, the City Council received a comprehensive summary of the community survey and public forum results and provided formal direction to staff to develop a moderate regulatory framework for short-term rentals. The Council expressed support for a balanced approach that would preserve neighborhood livability while allowing homeowners to participate in the short-term rental market under clear and enforceable standards.

The motion directed staff to prepare an ordinance establishing a permitting process and enforcement system for short-term rentals, incorporating “good neighbor” standards related to noise, parking, trash management, and occupancy limits. The Council also emphasized the need for spacing and density requirements to prevent over concentration in certain neighborhoods, consistent remittance of the City’s Transient Occupancy Tax (TOT), and alignment with the California Coastal Act to ensure visitor access and Coastal Commission compliance.

Short-Term Rentals
Short-term rentals (STRs) refer to the practice of renting out a residence for fewer than 30 consecutive days, a model increasingly popularized by online platforms such as Airbnb and Vrbo. STRs can generate local tourism spending, supplement homeowner income, and contribute to City revenues through the Transient Occupancy Tax (TOT).

However, the growth of STRs also raises concerns about noise, parking availability, trash disposal, and the potential reduction of long-term housing stock.

Because much of Port Hueneme lies within the California Coastal Zone, any STR regulation must be consistent with the California Coastal Act and the City’s Local Coastal Program (LCP). The California Coastal Commission (CCC) has historically supported balanced approaches that preserve visitor access while addressing community impacts.

Programs that ban or severely restrict STRs within the Coastal Zone often face scrutiny unless justified by clear community welfare or environmental protection concerns. Any ordinance regulating STRs in the Coastal Zone must ultimately be reviewed and certified by the CCC.

Currently, the City’s Municipal Code does not include provisions regulating or restricting short-term rentals. Operators are required to remit TOT but are otherwise unregulated.

City records indicate approximately 14 confirmed STR operators who collectively remit between $24,000 and $29,000 in TOT annually. Roughly 100 business licenses have been issued that could potentially correspond to STRs, although many are believed to Agenda Item No. 06 Page 2 of 12 CC Agenda 11-17-2025
Short-Term Rental Ordinance
November 3, 2025

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represent long-term rentals, since the City’s licensing process does not distinguish rental type.

Recent online data show approximately 46 active Airbnb listings and 12 Vrbo listings within Port Hueneme, the majority located in the Coastal Zone. This suggests that several STRs may currently operate without registering or remitting TOT. According to Airbnb, the average listing in Port Hueneme was booked for five nights per month in 2023.

Proposed Ordinance Overview
The proposed ordinance (Attachment A) creates a comprehensive regulatory framework for short-term rentals that aligns with the City Council’s August 18 direction to implement a moderate, balanced approach for short-term rentals in Port Hueneme. Key elements include:
• Permitting System: All STR operators would be required to obtain an annual City permit and business license prior to operation. Permits would be subject to renewal, revocation, and inspection.
• Good Neighbor Standards: Each STR must comply with operating standards including quiet hours between 10:00 p.m. and 7:00 a.m., trash removal consistent with City collection schedules, and adherence to occupancy limits of two overnight guests per bedroom, with a maximum of ten occupants per property.
• Parking Requirements: Operators must provide sufficient off-street parking to prevent impacts on neighborhood parking availability. Requirements include one space for single-bedroom units and two or more spaces for two or more-bedroom units.
• Posting and Contact Information: Each STR must display its permit number, house rules, and 24-hour local contact information prominently on the exterior of the property for neighbor reporting.
• Separation Requirement: To prevent over concentration, the ordinance establishes minimum spacing between STRs: 100 horizontal feet in R-2 and R-3 zones, and 200 horizontal feet in R-1 and all other zones, measured from parcel lines.
• Cap on Permits: The total number of STR permits would not exceed 10 percent of the City’s total housing units. If applications exceed the cap, permits would be issued by lottery.
• TOT Compliance: All STR operators would be required to collect and remit Transient Occupancy Tax in accordance with City regulations. • Enforcement and Revocation: Violations of operating standards or nuisance response requirements may result in fines, penalties, or permit revocation under the City’s administrative citation process.

The proposed ordinance in intended to provide a balanced framework designed to protect neighborhood quality of life while allowing responsible property owners to operate STRs under clear conditions. It establishes predictable standards for operators and residents alike, providing a tool for code enforcement and compliance.

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Because much of Port Hueneme lies within the California Coastal Zone, the ordinance must be submitted to the California Coastal Commission (CCC) for certification before becoming effective in those areas. Once adopted by the City Council, staff will forward the ordinance as a Local Coastal Program (LCP) amendment for CCC review and approval. The ordinance follows patterns of CCC-certified STR regulations in nearby jurisdictions, including limits on density, mandatory on-site management, and TOT compliance, which have been deemed consistent with the California Coastal Act’s intent to maintain public coastal access.

The inclusion of minimum spacing requirements was added following the most recent City Council discussion in response to Council’s direction to attempt to limit an overconcentration of STR units in certain neighborhoods. The proposed reflects standards used by other coastal communities while being tailored to Port Hueneme’s unique development patterns. While the proposed separation distances are consistent with those adopted in nearby cities, staff notes that the R-2 and R-3 zones in Port Hueneme may feature higher building densities than comparable areas elsewhere. As such, these standards may warrant continued monitoring over time to ensure they remain practical and effective in addressing local conditions.

STR Monitoring
City staff has coordinated with HdL Companies, who currently administer the City’s Transient Occupancy Tax (TOT) collection program. Under the City’s existing contract, HdL monitors major short-term rental platforms to identify active listings operating within Port Hueneme. They assist staff in verifying compliance, ensuring that properties obtain the proper City licensing and remit applicable TOT. HdL currently estimates there are approximately 40 to 55 active short-term rentals within City limits.

HdL has already begun outreach to potential STR operators who appear to be advertising properties but have not yet registered with the City or paid TOT for their short-term rental activity. Their efforts include direct notification and compliance follow-up to ensure that all STR operators are contributing fairly to City revenues and adhering to local requirements.

Should the STR ordinance be adopted, HdL will continue to support enforcement by monitoring active listings, cross-referencing them with permitted properties, and notifying the City of any unregistered or noncompliant operators. This ongoing monitoring will help ensure that STR operators maintain compliance with permit conditions, operating standards, and TOT requirements.

FISCAL IMPACT:

The proposed ordinance is intended to be cost neutral based on an annual STR permit fee and Transient Occupancy Tax receipts and are expected to offset the additional staff time and resources required to administer permitting, compliance review, complaint intake during business hours, enforcement, and online monitoring tools. If approved, Staff will schedule a future review regarding TOT collection trends, compliance strategies, and potential adjustments to the City’s TOT rate or reporting requirements to ensure costs are covered through this program.

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November 3, 2025

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STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

Optimal Levels of Service for Residents and Businesses
• Increase communication, outreach and proactive engagement of all members of our population
Fiscal & Economic Excellence
• Explore the value of City rebranding as a strategy to attract tourism and increase economic investment
ATTACHMENTS:

A. Short-Term Rental Ordinance
Agenda Item No. 06 Page 5 of 12 CC Agenda 11-17-2025
Ordinance No. ___, Page 1 of 7
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, ADDING ARTICLE V, CHAPTER 10 OF THE PORT HUENEME

MUNICIPAL CODE PERTAINING TO SHORT-TERM RENTALS
WHEREAS, the City recognizes that short-term rentals have become an increasingly common use of residential properties through online platforms such as Airbnb and Vrbo; and WHEREAS, short-term rentals can provide economic benefits, visitor accommodations, and support local tourism, but may also create potential impacts related to noise, parking, trash and neighborhood character; and
WHEREAS, the Council directed staff on August 18, 2025, to prepare a “moderate regulatory framework” establishing a balanced program that allows short-term rentals to operate with reasonable limitations and clear enforcement mechanisms; and WHEREAS, this Ordinance establishes a permitting process, operational standards, nuisance-response requirements, density and spacing limits, and enforcement provisions designed to protect neighborhood livability as well as maintain a level playing field among lodging providers; and
WHEREAS, the Council finds that these regulations are necessary to protect the public health, safety, and welfare by ensuring short-term rentals operate responsibly and contribute fairly to the community through transient occupancy tax and permit fees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: RECITALS AND FINDINGS. The above recitals are all true and correct.

SECTION 2: ADOPTION OF ARTICLE V, CHAPTER 10. Article V, Chapter 10, Short-Term Rentals, commencing with Section 5661 is hereby adopted within the Port Hueneme Municipal Code as follows:

Section 5661 Purpose
The purpose of this Chapter is to regulate the use of residential dwellings as short-term rentals, to preserve the residential character of neighborhoods, minimize adverse impacts related to noise, parking, trash, and overcrowding, ensure fair contribution to public services through taxes and fees, and provide a balanced regulatory framework consistent with the California Coastal Act.

Section 5662 Definitions
For purposes of this Chapter, the following definitions shall apply:
(a) Short-Term Rental (STR): The rental of a dwelling unit, or any portion thereof, for occupancy of fewer than thirty (30) consecutive calendar days. (b) Owner: The individual or entity that has legal title or control of the property. (c) Operator: The owner or other responsible person who holds a valid short-term rental permit and is legally responsible for compliance with this Chapter. (d) Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

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Ordinance No. ___, Page 2 of 7
(e) Guest: Any person renting, occupying, or otherwise using a short-term rental for lodging or sleeping purposes, including invitees and occupants other than the operator or local contact person.
(f) Local Contact Person: A person designated by the operator who is available twenty-four (24) hours per day and capable of responding to complaints within the required timeframes.
(g) Rent: Any form of monetary or non-monetary consideration, including but not limited to payment, fee, service, credit, gift, exchange, or donation, whether paid directly or indirectly, received by the owner, operator, or any person acting on their behalf, in return for the occupancy or use of a dwelling unit, or any portion thereof, as a short-term rental.
(h) Nuisance Response Plan: A City-approved plan describing measures to prevent and address potential nuisances including noise, parking, trash, and disorderly conduct, and outlining procedures for timely complaint response.

Section 5663 Permit Requirements
(a) No person shall operate a short-term rental without first obtaining a short-term rental permit issued by the City.
(b) A valid City business license and registration certificate for collection of transient occupancy tax (TOT) are required in addition to the permit. (c) Permits shall be issued for one (1) year, are non-transferable, and shall expire upon transfer of ownership.
(d) Renewal of a short-term rental permit may be denied if the operator has accrued three (3) or more verified violations within the preceding twelve (12) months, failed to pay required Transient Occupancy Tax, or otherwise failed to maintain good standing with the City. If a permit expires, the request for a permit would be treated as a new permit subject to any established waiting list. (e) The City may require an inspection or updated Nuisance Response Plan prior to renewal to ensure continued compliance.

Section 5664 Application Requirements
An application for a short-term rental permit shall include:
(a) Completed application form and payment of an annual fee of nine hundred ninetyfive dollars ($995). (b) Proof of ownership or notarized authorization from the property owner. (c) Floor plan identifying the number of bedrooms and a site plan showing available parking spaces and trash storage areas.
(d) Identification of the local contact person, including name, address, email address, and phone number.
(e) Applicants must provide proof of property liability insurance for the short-term rental unit.
(f) A nuisance response plan addressing how the operator will mitigate potential noise, trash, and parking issues.

Section 5665 Operating Standards
(a) Occupancy shall be limited to two (2) persons per bedroom plus two (2) additional persons, not to exceed ten (10) persons in any dwelling. (b) Quiet hours shall be observed daily between 10:00 p.m. and 7:00 a.m. (c) Operators shall maintain sufficient off-street parking for short-term rental use. One (1) off-street parking space shall be required for a short-term rental consisting of a single bedroom, and two (2) or more off-street parking spaces shall be required for Agenda Item No. 06 Page 7 of 12 CC Agenda 11-17-2025
Ordinance No. ___, Page 3 of 7
a short-term rental consisting of two (2) or more bedrooms. Garages and driveways shall be made available for guest use and may be counted toward required spaces. Tandem parking may be permitted provided it does not obstruct sidewalks, driveways, or fire access.
(d) Trash shall be stored in proper containers and placed for collection only in accordance with the City schedules. Instructions shall be posted inside the unit. (e) House rules, occupancy limits, quiet hours, trash instructions, parking requirements, permit number, and local contact information shall be posted conspicuously inside the dwelling within six (6) feet of the main entrance. (f) Exterior display of contact information, house rules, and valid City permit number for neighbor reporting shall be required. Such display shall be visible from the public right-of-way and include the 24-hour contact phone number of the local contact person, the City-issued permit number, a summary of house rules addressing noise, parking, and occupancy limits, and instructions for neighbors on how to report disturbances or violations.
(g) Each short-term rental shall have a minimum stay requirement of at least one (1) consecutive night. The City Council may, by resolution, adjust the minimum stay requirement if warranted to address community impacts or California Coastal Commission certification conditions. Nothing in this subsection shall prohibit an operator from imposing a longer minimum stay.
(h) Short-term rentals shall not host events, weddings, or other commercial gatherings that exceed permitted occupancy.
(i) Operators shall maintain functional smoke detectors, fire extinguishers, and comply with all applicable building and fire codes.
(j) Short-term rentals shall not be operated in accessory dwelling units (ADUs), affordable housing units, or mobile homes.

Section 5666 Nuisance Response Plan
(a) Each operator shall submit and adhere to a Nuisance Response Plan approved by the City Manager or designee.
(b) The plan shall, at a minimum, include:

1. Procedures for responding to noise, parking, trash, or disorderly conduct complaints within the timeframes specified in Section 5667;

2. Contact information for the owner, operator, and local contact person;

3. A method for guests to be informed of neighborhood expectations, including delivery of written “Good Neighbor Guidelines” to all guests upon arrival;

4. Procedures for monitoring guest compliance with occupancy and parking limits;

5. Actions the operator will take to prevent recurrence of violations, including guest eviction procedures where appropriate; and

6. A statement acknowledging that repeated nuisance activity may result in permit suspension or revocation.
(c) Failure to adhere to the approved Nuisance Response Plan shall constitute a violation of this Chapter and may result in suspension or revocation of the shortterm rental permit.

Section 5667 Complaint Response
(a) The local contact person shall acknowledge complaints within fifteen (15) minutes during quiet hours and within thirty (30) minutes at other times.

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Ordinance No. ___, Page 4 of 7
(b) The local contact person shall appear on-site within thirty (30) minutes during quiet hours and within sixty (60) minutes at other times if necessary to resolve complaints.
(c) The local contact person must maintain a physical residence or business address within thirty (30) miles of the City of Port Hueneme.
(d) Operators shall maintain a complaint log, documenting the date, time, nature of complaint, response time, and resolution, and provide copies to the City upon request. Failure to maintain or produce the complaint log upon request shall be deemed a violation subject to administrative citation.

Section 5668 Density Cap
The purpose of this cap is to prevent over-concentration of short-term rentals and preserve the availability of long-term housing consistent with the City’s General Plan and Coastal Act policies.
(a) The number of short-term rental permits issued by the City shall not exceed ten percent (10%) of the City’s total housing units.
(b) If applications exceed the allowable cap, the City shall allocate permits by lottery. (c) To prevent over-concentration, the City shall also apply the separation requirements established in Section 5-10.109 of this Chapter, subject to review and approval by the California Coastal Commission where applicable.

Section 5669 Separation Requirement
(a) No short-term rental shall be issued a permit when a short-term rental permit has already been issued to another property that is either:

1. within one hundred (100) horizontal feet of the proposed short-term rental in the R-2 or R-3 zones; or

2. within two hundred (200) horizontal feet of the proposed short-term rental in the R-1 zone or any other residential or mixed-use zone. (b) The one hundred (100) foot and two hundred (200) foot separations shall be measured horizontally from all parcel lines of property ownership as established by the legal description for the property on record with the County of Ventura. (c) Notwithstanding any language in this subsection to the contrary, the one hundred (100) foot and two hundred (200) foot separation requirements shall not apply to a dwelling unit within a multi-unit development:

1. That is subject to the Vacation Ownership and Time-share Act of 2004 (Cal.

Bus. & Prof. Code, Section 11210 et seq.); and

2. That became subject to the Vacation Ownership and Time-share Act of 2004 on or before January 1, 2019.
(d) The City Manager or designee may grant a waiver from the separation requirement for properties divided by major streets, waterways, or nonresidential parcels, provided such exception will not contribute to over-concentration or nuisance conditions.

Section 5670 Inspections and Monitoring
(a) Complaint-based inspections may occur at any time during the permit term. (b) The City may contract with a third-party compliance monitoring service to identify unpermitted short-term rentals, track listings, and verify TOT collection.

Section 5671 Enforcement and Penalties
(a) Violations of this Chapter are subject to administrative fines, suspension, or revocation of the permit.

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(b) Three (3) substantiated violations within a twenty-four (24) month period may result in permit revocation. A former permittee whose permit was revoked shall not reapply for twelve (12) months following the effective date of revocation. (c) Each day of continued violation constitutes a separate offense. (d) Operation of a short-term rental without a valid permit shall constitute a misdemeanor offense.

Section 5672 Fees
(a) The annual permit fee shall be nine hundred ninety-five dollars ($995). (b) All operators shall remit transient occupancy tax in accordance with Article II, Chapter 7, Part B of the Port Hueneme Municipal Code.
(c) Fees and TOT revenues shall be used to fund program administration, inspection, complaint response, and enforcement activities.
(d) The City may amend the permit fee by resolution as necessary to recover costs associated with program administration.

Section 5674 Recordkeeping
(a) Operators shall maintain records of all rental transactions, including guest names, dates of stay, rent collected, and TOT remitted, for a period of three (3) years. (b) Records shall be furnished to the City within five (5) business days upon request.

Section 5675 Appeals
Any person aggrieved by a decision of the City Manager or designee may appeal such decision in writing to the City Council within ten (10) calendar days of the decision. The City Council’s decision shall be final.

Section 5676 Severability
If any section, subsection, clause, or phrase of this chapter is declared invalid, the remainder shall continue in full force and effect.

Section 5677 Coastal Zone Applicability
This ordinance shall not become effective within the Coastal Zone until it has been certified by the California Coastal Commission pursuant to the California Coastal Act.

SECTION 3: ENVIRONMENTAL REVIEW. The Council exercises its independent judgment and finds that the proposed ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to Section 16060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA guidelines, California Code of Regulations, Title 14, Chapter 3, because the proposed ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.

SECTION 4: ENFORCEABILITY. 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 5: SEVERABILITY. 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 Agenda Item No. 06 Page 10 of 12 CC Agenda 11-17-2025
Ordinance No. ___, Page 6 of 7
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 6: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 7: COASTAL ZONE CERTIFICATION. This Ordinance shall not become effective within the Coastal Zone until it has been certified by the California Coastal Commission pursuant to the California Coastal Act.

SECTION 8: CERTIFICATION. The City Clerk of the City is hereby directed to certify to the passage an adoption of this Ordinance and to cause it to be published as required by law.

PASSED and ADOPTED on this ___ day of 2025.

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 06 Page 12 of 12 CC Agenda 11-17-2025
DATE: November 17, 2025
TO: Honorable City Council
FROM: James Vega, City Manager
Charles Peretz, Deputy City Manager
SUBJECT: CANNABIS DEVELOPMENT AGREEMENT COMPLIANCE REVIEW AND

FINDING OF EXEMPTION FROM CEQA
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. Adopt a resolution determining that the following cannabis businesses are in compliance with their respective Development Agreements: Freedom 1st Association (Skunkmasters); Westside Professional Management, LLC (Wheelhouse); Tech Delivery Solutions, LLC (Royal Kush); Harbor Management Group DBA (SafePort); and Tradecraft Farms – Port Hueneme, LLC; and

4. Adopt resolutions determining that the following cannabis businesses are in partial compliance with their respective Development Agreements: BB&SE, Inc; Bleu Diamond, LLC; DBO Investments PH, LLC (From the Earth); Innovative Concepts Investment Group, LLC (I Heart Cannabis); Port Retail (Tree Factory); and

5. Adopt a resolution determining that Front Door Enterprises (EcoMeds) is out of compliance and in default of its Development Agreement and direct staff to provide written notice of the City’s intent to revoke the agreement if the default is not cured within 30 days; and

6. Make a determination the project is exempt under CEQA; and

7. Take such additional, related, action that may be desirable.

BACKGROUND/ANALYSIS:

Government Code section 65865.1 requires periodic review of development agreements, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. Moreover, Government Code section 65865 states, “[e]very city, county, or city and county, shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property.”
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Resolution 4483 (the "Amended Implementing Resolution") provides the general procedures by which the City is to evaluate Development Agreements. This includes the City Council’s review of a developer’s performance of material terms of their Development Agreement and compliance with the public benefits required by the agreement.

Review of Development Agreements is subject to public hearing and is a quasi-judicial action with the potential to affect a vested property right. (Gov. Code § 65867). Because of the quasi-judicial nature of these proceedings, City Council Members should not leave the dais during discussion or receive any ex parte communications regarding the subject matter. A Development Agreement may only be terminated or modified by the reviewing body if the evidence before the City Council demonstrates by substantial evidence that the developer has not complied with the terms of the agreement in good faith (Gov. Code § 65861.1).

The City’s Development Agreements relating to retail cannabis in accordance with The Control, Regulate and Tax Adult Use of Marijuana Act (“Proposition 64”) outline the basis for the discretionary approvals granted by the City and place various terms and conditions on the development and use of subject properties. Material terms and public benefits to be achieved through the agreement include:
• Providing a long-term source of employment opportunities and assisting in the revitalization of the economic base of the community;
• Providing the City with additional revenue in the form of an increase in certain taxes;
• Providing additional monies for the City’s general fund through contractual payments to the City (in an amount equal to 5 percent of gross revenues for retail sales) with supporting audited documentation;
• Providing certain community benefits (in an amount equal to 1 percent of gross revenues); and
• Complying with City ordinances, permits and other regulations required of Commercial Cannabis businesses.

As part of its management of cannabis businesses, the City coordinates physical inspections to assess regulatory compliance, tracks business activities to ensure city requirements are met and conducts financial audits to ensure revenues are reported and paid in alignment with financial standards. Periodic City Council reviews allow the Council to assess compliance with conditions and requirements of Development Agreements and make associated findings.

Eleven Development Agreements are subject to review during this public hearing.

1. Freedom 1st Association (Skunkmasters)
This development is located at 233 E. Channel Islands Boulevard and consists of 3,620 square feet of leased space for the purposes of operating a retail cannabis dispensary with ancillary delivery services. In 2023 the developer constructed a cannabis lounge.

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Staff visited the business on July 29, 2025 to introduce the new city liaison and discuss business operations. Since that time, staff has continued to communicate with the developer in an effort to enhance communications with the business. The dispensary and lounge are in operation and the developer is in compliance with material terms of the Development Agreement.

It is recommended that the City Council adopt a resolution finding that the developer is in compliance with their Development Agreement with the City.

2. Westside Professional Management, LLC (Wheelhouse)
This development is located at 521 W. Channel Islands Blvd, #1-6 and consists of 4,181 square feet for the operation of a retail cannabis dispensary and associated administrative space. In 2023 the developer constructed a cannabis lounge.

It is recommended that the City Council adopt a resolution finding that the developer is in compliance with the Development Agreement.

3. Tech Delivery Solutions, LLC (Royal Kush)
This development is located at 501 W. Channel Islands Blvd, #204 and consists of approximately 812-square feet of leased space for the purposes of operating a cannabis delivery business.

In early August staff communicated with the developer to introduce the new staff liaison, discuss business operations and address compliance issues with the subject Development Agreement. Since that time, staff has continued to communicate with the developer in an effort to enhance communications with the business. The developer is in compliance with material terms of the Development Agreement.

It is recommended that the City Council adopt a resolution finding that the developer is in compliance with the Development Agreement.

4. Harbor Management Group, LLC (SafePort)
This development is located at 353 W. Channel Islands Blvd. and consists of 2,400- square feet of lease space for the operation of a retail cannabis dispensary.

On July 29, 2025, City staff visited the business to introduce the new City liaison, express a desire to enhance communication, and review compliance issues with the Development Agreement. Since that time, staff has continued outreach and Agenda Item No. 07 Page 3 of 61 CC Agenda 11-17-2025
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communication with the business. The developer is in compliance with material terms of the Development Agreement.

It is recommended that the City Council adopt a resolution finding that the developer is in compliance with the Development Agreement.

5. Tradecraft Ventures, LLC
This development is located at 2597 Bolker Drive and consists of a 16,854-square foot building.

Staff visited the business on July 29, 2025 to introduce the new city liaison and discuss business operations and future development plans. Since that time, staff has continued to communicate with the developer in an effort to enhance communications with the business.

The developer’s approved application authorized the development of a microbusiness consisting of three specific project elements (retail, cultivation and distribution). The developer is currently operating a retail dispensary and a small cultivation area and conducting limited distribution operations.

The development has not been built out as initially envisioned as the cultivation and distribution components are operating at a smaller scale than initially envisioned. The developer has communicated that completing the remaining phases of development would be cost-prohibitive and could jeopardize the business’s ability to continue operating. As such, the developer does not intend to proceed with additional development associated with the original plan.

The public benefits provided by existing operations are serving City interests and, based on the developer’s indication that further project development would adversely impact the long-term sustainability of the business, staff recommends the business be allowed to continue to operate in its current configuration and that further expansion not be required.

It is recommended that the City Council adopt a resolution finding that the developer is in compliance with material terms of the agreement and direct staff to amend the subject Development Agreement to represent the revised the scope of this development.

6. BB&SE, Inc.

This development is located at 2667 N. Ventura Road and consists of approximately 693- square feet of leased space for the purposes of operating a cannabis delivery business.

On July 29, 2025, City staff contacted the business to introduce the new City liaison, express a desire to strengthen communication and discuss compliance issues with the subject Development Agreement. Beginning in September, the business experienced a temporary non-operational period of approximately six weeks due to staffing challenges.

This pause in operations impacted the City’s ability to conduct a regulatory inspection, Agenda Item No. 07 Page 4 of 61 CC Agenda 11-17-2025
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which has been rescheduled for the second week of December. Staff has communicated with the developer about the importance of maintaining operations and ensuring continued compliance with all material terms and public benefit requirements outlined in the Development Agreement.

Section 16 of the Development Agreement between the City and BB&SE, Inc., states that the City has the ability to impose “additional conditions on the Developer’s performance if the City reasonably deems said performance to be deficient but does not find that the level of performance rises to the level requiring termination.” The developer is in compliance with many of the material terms of its Development Agreement and is providing public benefits as required but has failed to comply with the requirement to allow the City to conduct a compliance inspection.

Staff is recommending that the City Council adopt a resolution finding that the developer is in partial compliance and direct staff to return to City Council if the annual regulatory compliance inspection is not completed on or before December 11, 2025 due to the Developer’s action or inaction.

7. Innovative Concepts Investments Group, LLC (I Heart Cannabis) Located at 521 W. Channel Islands Blvd., #11, this development consists of 500 square feet of leased space for the purposes of operating a cannabis delivery business.

On July 29, 2025, City staff contacted the business to introduce the new City liaison, express a desire to strengthen communication and discuss compliance issues with the subject Developer Agreement. In October, the developer executed a payment plan, and subsequently made the first payment, to address the outstanding funds owed to the City. Since the execution of the plan, the developer has been invoiced for the annual development review and 2025 compliance inspection. As of November 10, 2025, the developer has an outstanding balance of $17,380.12, consisting of:

5% Contractual Payments $ 4,099.28
Late Fees $ 1,757.43*
2023 Financial Audit Fee $ 5,003.01
2025 Financial Audit Fee $ 3,590.40
Annual Development Review Fee $ 1,680.00
Total Balance $17,380.12
*This amount represents late fees that were reduced by 50 percent pursuant to City Council action on November 3, 2025
Additionally, the developer has not provided information that demonstrates compliance with the community benefit requirement. Based on recent communication with the developer, such information is expected to be provided promptly.

Section 16 of the Development Agreement between the City and I Heart Cannabis states that the City has the ability to impose “additional conditions on the Developer’s Agenda Item No. 07 Page 5 of 61 CC Agenda 11-17-2025
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performance if the City reasonably deems said performance to be deficient but does not find that the level of performance rises to the level requiring termination.” The developer has not provided documentation to demonstrate compliance with the community benefit requirement and has executed a payment plan in an effort to get back into compliance with certain financial requirements.

It is recommended that the Council adopt a resolution finding the developer in partial Compliance with the Development Agreement and direct staff to return to the City Council if the developer does not comply with the following conditions:
- Provide documentation demonstrating compliance with the community benefit contribution requirement
- Continue to comply with the terms of the active payment plan between the Developer and City

8. DBO INVESTMENTS PH, LLC (From the Earth)
This development is located at 2675 N. Ventura Road, Suites 106-108, and consists of 1,650 square feet leased space for the purposes of operating a retail cannabis dispensary with ancillary delivery services.

On July 29, 2025, City staff visited the business to introduce the new City liaison, express a desire to strengthen communication with the business, and review compliance issues with the subject Development Agreement. Developer executed a payment plan on November 6, 2025 and indicated that the first payment was mailed to the City on November 7, 2025. It is anticipated that an update on this payment will be available at the November 17, 2025 hearing. After the incoming payment is applied, the current balance will be $20,132.00 and consist of the following:

Late Fees $ 1,281.80*
2023 Financial Audit Fee $13,725.00
2025 Financial Audit Fees $ 3,875.20
Compliance Inspection Fee $ 1,250.00
Total Balance $20,132.00
*This amount represents late fees that were reduced by 50 percent pursuant to City Council action on November 3, 2025
Section 11 of the Development Agreement between the City and From the Earth states that during its periodic review for compliance, the City Council shall consider whether the Developer is in compliance with all regulations applicable to the operation of a cannabis business and whether it has provided all of the required public benefits. The City does not have documentation which demonstrates compliance with the community benefit requirement of its Development Agreement and Developer has executed a payment plan in an effort to get back into compliance with certain financial requirements.

It is recommended that the Council adopt a resolution finding the developer in partial Agenda Item No. 07 Page 6 of 61 CC Agenda 11-17-2025
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Compliance with the Development Agreement and direct staff to return to the City Council if the developer does not comply with the following conditions:
- Provide documentation demonstrating compliance with the community benefit contribution requirement
- Continue to comply with the terms of the active payment plan between the developer and City

9. Bleu Diamond, LLC
This development is located at 501 W. Channel Islands Blvd., #202 and consists of 638 square feet of leased space for the purposes of operating a cannabis delivery business.

In July and August staff met with the developer to introduce the new City liaison, express a desire to enhance communications and discuss compliance issues with the subject Development Agreement. In October, the developer executed a payment plan, and subsequently made the first payment, to address the outstanding funds owed to the City. Since the execution of the plan, the developer has been invoiced for the annual development review and compliance inspection. As of November 5, 2025, the developer has an outstanding balance of $13,073.18, consisting of:
2023 Financial Audit Fee $ 6,552.78
2025 Financial Audit Fee $ 3,590.40
2025 Compliance Inspection $ 1,250.00
Annual Development Review Fee $ 1,680.00
Total Balance $13,073.18
The developer has not fulfilled the requirement to contribute 1 percent of gross revenues towards community benefits and has asked that this obligation be removed from the Development Agreement. This requirement is a standard provision in all cannabis-based Development Agreements and staff is not recommending such an amendment at this time. Any modification would require Council direction to amend the subject agreement.

Finally, after an extended period of non-responsiveness to the City auditor, the developer re-established contact in September. However, the auditor has reported that communication remains inconsistent and that necessary documentation is still missing.

Section 16 of the Development Agreement between the City and Bleu Diamond states that the City has the ability to impose “additional conditions on the Developer’s performance if the City reasonably deems said performance to be deficient but does not find that the level of performance rises to the level requiring termination.” The developer has not complied with the community benefit requirement of its Development Agreement and has not facilitated the performance of the financial audit. Additionally, the developer has engaged in a payment plan in an effort to get back into compliance with certain financial requirements.

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It is recommended that the Council adopt a resolution finding the developer in partial Compliance with the Development Agreement and return to the City Council if the developer does not comply with the following conditions:
- Provide all requested documents and respond to all inquiries from the City’s auditor - Make community benefit contributions equal to 1 percent of gross revenues as required in the Development Agreement
- Continue to comply with the terms of the active payment plan between the developer and City

10.Port Retail, LLC (Tree Factory)
This development is located at 437 W Channel Islands Blvd. and consists of 1,458-square feet of leased space for the purposes of operating a retail cannabis dispensary with with ancillary delivery services.

On July 29, 2025, staff visited the business to introduce the new City liaison, express a desire to enhance communications and discuss compliance issues pertaining to the subject Development Agreement. In October, the developer executed a payment plan to address the outstanding funds owed to the City. As of November 5, 2025, the developer has an outstanding balance of $5,106.37, consisting of:

Late Fees $ 458.69*
2025 Financial Audit Fee $ 1,717.68
2025 Compliance Inspection $ 1,250.00
Annual Development Review Fee $ 1,680.00
Total Balance $ 5,106.37
*This amount represents late fees that were reduced by 50 percent pursuant to City Council action on November 3, 2025
The Developer has not submitted information pertaining to compliance with the community benefit contribution requirement and the City’s auditor reports that the business has been non-responsive to requests for information and documentation necessary to conduct the audit. On November 10, 2025 the developer verbally committed to contacting the auditors to facilitate the financial audit and providing documentation regarding community benefit contributions.

Section 11 of the Development Agreement between the City and Tree Factory states that during its periodic review for compliance, the City Council shall consider whether the Developer is in compliance with all regulations applicable to the operation of a cannabis business and whether it has provided all of the required City benefits. The developer has not demonstrated compliance with the community benefit requirement of its Development Agreement and has not facilitated the performance of the financial audit. Additionally, the developer has executed a payment plan in an effort to get back into compliance with certain financial requirements.

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It is recommended that the Council adopt a resolution finding the developer in partial compliance with the Development Agreement and direct staff to return to the City Council if the developer does not comply with the following conditions:
- Provide all requested documents and respond to all inquiries from the City’s auditor - Make community benefit contributions equal to 1 percent of gross revenues as required in the Development Agreement
- Continue to comply with the terms of the active payment plan between the developer and City

11.Front Door Enterprises, LLC (EcoMeds)
This development is located at 521 W. Channel Islands Blvd., #13 and consists of 510 square feet of leased space for the purposes of operating a cannabis delivery business.

In July and August, staff contacted the business to introduce the new City liaison, express a desire to strengthen communication and discuss compliance with the Development Agreement.

In September, the developer executed a payment plan to address the outstanding funds owed to the City. While the initial payment was made, the developer failed to make the second payment in October. The developer has not responded to City communication regarding the missed payment. As of November 5, 2025, the developer has an outstanding balance of $5,520.40, which consists of:
2025 Financial Audit Fee $ 2,590.40
2025 Compliance Inspection $ 1,250.00
Annual Development Review Fee $ 1,680.00
Total Balance $ 5,520.40
The business has been non-operational since October 2024 and the developer has proposed resuming operations in April 2026. This plan represents an 18-month period during which the developer would be out of compliance with material terms of the agreement and not providing the required public benefits. Additionally, the developer has been non-responsive to the auditor’s communications and information needed to conduct the audit has not been provided.

Finally, the developer has not submitted information pertaining to compliance with the community benefit contribution requirement.

Condition 22 of the subject Development Agreement prescribes the process by which a developer can be found in default of the agreement. That section includes the following language:

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22. Default and Remedies.
(a) Developer’s Default. The Developer shall be in default under this Agreement upon the happening of one or more of the following events or conditions:
(ii) A finding and determination by the City Council made following a periodic review under the procedures provided in this Agreement that, upon the basis of substantial evidence, Developer has not complied in good faith with a material requirement of this Development Agreement;
(iv) Any situation, regardless of cause or fault, which results in the Additional Revenue as provided in this Agreement to be terminated, diminished (for reasons other than market conditions) or placed in serious jeopardy of same, in the reasonable opinion of the City, including, without limitation, liens, criminal or civil enforcement actions of any kind or nature, a judgment of a court of competent jurisdiction which prohibits the City from receiving the Additional Revenue from the Project, civil lawsuits enjoining the use of the Property and/or the operation of the Project, a change in ownership of the Project forced by court order or judgment, assignments for the benefit of creditors, bankruptcy, or a change in state or federal law which has the effect of preventing the operation of the Project or of limiting operation of the Project such that the Additional Revenue to the City is diminished. As used herein, “diminished” shall mean a reduction in the annual amount of the Additional Revenue which is twenty five percent (25%) lower than the three (3) year average of the amount of the annual Additional Revenue, when such reduction appears reasonably likely to permanently extend for two (2) or more years.

Staff is recommending that the City Council adopt a resolution that finds, upon the basis of substantial evidence, that the developer is out of compliance and in default of its development agreement. The resolution would direct staff to provide notice of the City’s intent to revoke the agreement if such default is not cured within 30 days.

California Environmental Quality Act (CEQA)
The project is exempt from CEQA as set forth in CEQA Guidelines (14 California Code of regulations §§ 15000, et seq.) § 15309, which states "Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project."
FISCAL IMPACT:

The eleven business under review have a cumulative outstanding balance of $83,987.99 due to the City. A portion of this amount reflects costs that were invoiced recently.

Adopting findings of partial compliance, along with associated payment conditions, is likely to resolve some or all of the outstanding amount due to the City.

The singular finding of non-compliance does not create an immediate fiscal impact. If the default is not cured and the subject Development Agreement is revoked, the business Agenda Item No. 07 Page 10 of 61 CC Agenda 11-17-2025
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would no longer be permitted to operate and the revenues anticipated under the agreement would not be realized. The business in question is not currently in operation, does not have plans to operate until April 2026 and has an outstanding balance. In the event of revocation, the City would continue to pursue reimbursement for any outstanding funds owed.

STRATEGIC PLAN:

Primary Strategic Pillar(s) and Initiative(s):

Innovation & Opportunity
• Retain and maximize opportunities for local businesses as the backbone of our community
ATTACHMENTS:

A. Resolution finding Freedom 1st Association (aka "Skunkmasters"), Westside Professional Management, LLC (Wheelhouse), Tech Delivery Solutions, LLC (Royal Kush), Harbor Management Group DBA (SafePort), and Tradecraft Farms – Port Hueneme, LLC in compliance with their respective Development Agreements
B. Resolution finding BB&SE, Inc, in partial compliance with its Development Agreement
C. Resolution finding Innovative Concepts Investment Group, LLC (I Heart Cannabis), in partial compliance with its Development Agreement D. Resolution finding DBO Investments PH, LLC (From the Earth), in partial compliance with its Development Agreement
E. Resolution finding Blue Diamond, LLC, in partial compliance with its Development Agreement
F. Resolution finding Port Retail (Tree Factory) in partial compliance with its Development Agreement
G. Resolution finding Front Door Enterprises (EcoMeds) out of compliance with its Development Agreement
H. Business Rebranding/Reopening Plan submitted by Front Door Enterprises (EcoMeds)
I. Compliance summary report for business under review
J. CEQA Notice of Exemption
K. Public Hearing Notice
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Agenda Item No. 07 Page 12 of 61 CC Agenda 11-17-2025
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,

CALIFORNIA, DETERMINING THAT CANNABIS BUSINESSES OPERATED BY FREEDOM 1ST ASSOCIATION, (SKUNKMASTERS); WESTSIDE

PROFESSIONAL MANAGEMENT, LLC (WHEELHOUSE), TECH DELIVERY

SOLUTIONS (ROYAL KUSH), HARBOR MANAGEMENT GROUP, LLC
(SAFEPORT), AND TRADECRAFT VENTURES, LLC ARE IN COMPLIANCE

WITH DEVELOPMENT AGREEMENTS APPROVED FOR THE OPERATION OF

SAID BUSINESSES, AND THAT SAID PROJECT IS EXEMPT FROM THE

PROVISIONS OF CEQA
WHEREAS, on March 4, 2024, the City Council adopted Ordinance No. 796 that amends Article III, Chapter 12 of the Port Hueneme Municipal Code (“PHMC”) to allow medicinal and nonmedicinal and/or commercial cannabis facilities within the City and superseding Ordinances 727, 734, 780 and 784;
WHEREAS, on March 4, 2024, the City Council adopted Resolution No. 4483 ("Amended Implementing Resolution"), which contains implementing measures for Ordinance No., 796, including processes for the annual periodic review of development agreements associated with cannabis facilities;
WHEREAS, the City of Port Hueneme has approved Development Agreements to allow the operation of a retail cannabis dispensaries for Freedom 1st Association (Skunkmasters); Westside Professional Management, LLC (Wheelhouse); and Harbor Management Group DBA (SafePort) subject to certain requirements being met;
WHEREAS, the City of Port Hueneme has approved a Development Agreement to allow the operation of a cannabis microbusiness for Tradecraft Farms – Port Hueneme, LLC subject to certain requirements being met;
WHEREAS, the City of Port Hueneme has approved a Development Agreement to allow the operation of a cannabis delivery-only business for Tech Delivery Solutions, LLC (Royal Kush) subject to certain requirements being met;
WHEREAS, pursuant to the Cannabis Ordinance and Implementing Resolution, a Development Agreement must be reviewed by the City Council at a duly noticed public hearing; WHEREAS, on November 17, 2025, a public hearing was held by the City of Port Hueneme, California, to determine the aforementioned business’s compliance with their respective Development Agreements, as set forth in the Implementing Resolution; WHEREAS, that prior to rendering a decision on any aspect of said Development Agreement review, the City Council reviewed and duly considered the following:

1. All testimony, both written and oral, received in conjunction with that certain public hearing conducted on November 17, 2025, which testimony, by this reference, is incorporated herein.

2. That certain written staff report submitted by the Community Development Department dated November 17, 2025, which report, by this reference, is incorporated herein; and WHEREAS, staff recommended the City Council find said cannabis-based businesses to be in compliance with the terms of their respective Development Agreements and direct staff to Attachment A
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CC Resolution No. ___, Page 2 of 4
work with Tradecraft Farms – Port Hueneme, LLC to amend the subject Development Agreement to represent the revised the scope of that development.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: Under the provisions of PHMC Section 10201.C., the City Council finds and declares that in accordance with the Implementing Resolution, the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the Development Agreement for the subject business and the City Council will review every development agreement authorized by this Resolution for compliance with the following criteria:

A. Performance of all material terms of the Development Agreement, which include, without limitation:

1. Payment of contractual payments amounting to no less than five percent of the annual gross revenues, unless another amount is specified in the Development Agreement, based upon an annual audited financial statement;

2. Review of any audits conducted by the City of Port Hueneme, if any;

3. Compliance with the City’s Ordinances, any discretionary or ministerial permits, or other regulations to which the Commercial Cannabis Activity may be subject.

B. Compliance with the public benefits summary, as identified in the Development Agreements for the businesses referenced herein which include, without limitation:

1. Providing a long-term source of employment opportunities and assisting in the revitalization of the economic base of the community;

2. Providing the City directly with additional revenue in the form of an increase in certain taxes;

3. Providing additional monies for the City’s general fund through contractual payments to the City; and

4. Providing certain community benefits.

SECTION 2: Determination of Compliance. The City Council finds and declares that the cannabis-based businesses noted in this resolution are in compliance with the material terms and public benefits required by their respective Development Agreements.

SECTION 3: Environmental Review. This Resolution is exempt from additional review under Section 15309 of the California Environmental Quality Act (California Public Resources Code §§21000, et seq., “CEQA”), which states "Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project." SECTION 4: The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Port Hueneme and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 5: This Resolution shall take effect immediately upon its passage.

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CC Resolution No. ___, Page 3 of 4
SECTION 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED, this 17th day, of November, 2025.

Martha R. McQueen-Legohn, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
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CC Resolution No. ___, Page 4 of 4

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 Resolution No. ____ was duly adopted at the regular meeting of the City Council on the __ day of ____, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 07 Page 16 of 61 CC Agenda 11-17-2025
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,

CALIFORNIA, DETERMINING THAT THE CANNABIS DELIVERY SERVICE OPERATED BY BB&SE, INC. IS IN PARTIAL COMPLIANCE WITH THE

DEVELOPMENT AGREEMENT APPROVED FOR THE OPERATION OF SAID

CANNABIS BUSINESS, AND THAT SAID PROJECT IS EXEMPT FROM THE

PROVISIONS OF CEQA
WHEREAS, on March 4, 2024, the City Council adopted Ordinance No. 796 that amends Article III, Chapter 12 of the Port Hueneme Municipal Code (“PHMC”) to allow medicinal and nonmedicinal and/or commercial cannabis facilities within the City and superseding Ordinances 727, 734, 780 and 784; and
WHEREAS, on March 4, 2024, the City Council adopted Resolution No. 4483 ("Amended Implementing Resolution"), which contains implementing measures for Ordinance No., 796, including processes for the annual periodic review of development agreements associated with cannabis facilities; and
WHEREAS, on March 7, 2022, the Development Agreement between the City of Port Hueneme and BB&SE, Inc was approved to allow the operation of a cannabis delivery service subject to certain requirements being met;
WHEREAS, pursuant to the Cannabis Ordinance and Implementing Resolution, a Development Agreement must be reviewed by the City Council at a duly noticed public hearing; WHEREAS, on November 17, 2025, a public hearing was held by the City of Port Hueneme, California, to determine BB&SE’s level of compliance with the subject Development Agreement, as set forth in the Implementing Resolution; WHEREAS, that prior to rendering a decision on any aspect of said Development Agreement review, the City Council reviewed and duly considered the following:

1. All testimony, both written and oral, received in conjunction with that certain public hearing conducted on November 17, 2025, which testimony, by this reference, is incorporated herein.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

A. Performance of all material terms of the development agreement, which include, without limitation:

Attachment B
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1. Payment of contractual payments amounting to no less than five percent of the annual gross revenues, unless another amount is specified in the development agreement;

2. Review of the developer’s annual audited financial statement;

3. Review of any audits conducted by the City of Port Hueneme, if any;

4. Compliance with the City’s Ordinances, any discretionary or ministerial permits, or other regulations to which the Commercial Cannabis Activity may be subject.

B. Compliance with the public benefits summary, as identified in each development agreement, which include, without limitation:

1. Providing a long-term source of employment opportunities and assisting in the revitalization of the economic base of the community;

2. Providing the City directly with additional revenue in the form of an increase in certain taxes;

3. Providing additional monies for the City’s general fund through contractual payments to the City; and

4. Providing certain community benefits.

SECTION 2: DETERMINATION OF COMPLIANCE. The City Council finds and declares that BB&SE, Inc is in compliance with the following aspects of the public benefits summary, as identified in the subject Development Agreement:

A. Said cannabis delivery business has provided a long-term source of employment opportunities and assisting in the revitalization of the economic base of the community; and
B. Said cannabis delivery business has provided the City directly with additional revenue in the form of an increase in certain taxes and contractual payments.

SECTION 3: DETERMINATION OF NON-COMPLIANCE. The City Council further finds and declares BB&SE, Inc is out of compliance with certain material terms of the subject Development Agreement, specifically its failure to allow for the conduct of an annual regulatory compliance inspection.

SECTION 4: CITY COUNCIL ACTION. Section 16 of the Development Agreement between BB&SE, Inc. and the City outlines the process by which the agreement is to be reviewed. This includes the option of imposing additional conditions when the Developer’s performance is deficient but does not merit agreement termination, as stated below:
b. Developer Compliance. The Developer shall be deemed in compliance with this Development Agreement if the City is not entitled by the terms and provisions of this Development Agreement to terminate this Development Agreement, but shall be subject to the imposition of additional conditions on the Developer’s performance if the City reasonably deems said performance to be deficient but does not find that the level of performance rises to the level of requiring termination.

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Consequently, the City Council hereby demands and directs the BB&SE, Inc. to cooperate with City and its agents to ensure the completion of an annual regulatory compliance inspection at the date and time determined by the City. Further, if BB&SE, Inc. fails to comply with this directive, staff is directed to return to City Council, at which time Council make take additional action, which may include a finding that the Developer is in default of the Development Agreement.

SECTION 6: ENVIRONMENTAL REVIEW. This Resolution is exempt from additional review under Section 15309 of the California Environmental Quality Act (California Public Resources Code §§21000, et seq., “CEQA”), which states "Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project." SECTION 7: The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Port Hueneme and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 8: This Resolution shall take effect immediately upon its passage.

SECTION 9: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED, this 17th day of November, 2025. ___________________________________
Martha R. McQueen-Legohn, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated:

Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 07 Page 20 of 61 CC Agenda 11-17-2025
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,

CALIFORNIA, DETERMINING THAT THE CANNABIS DELIVERY SERVICE

OPERATED BY INNOVATIVE CONCEPTS INVESTMENT GROUP, LLC, (I

HEART CANNABIS) IS IN PARTIAL COMPLIANCE WITH THE DEVELOPMENT

AGREEMENT APPROVED FOR THE OPERATION OF SAID CANNABIS

BUSINESS, AND THAT SAID PROJECT IS EXEMPT FROM THE PROVISIONS

OF CEQA
WHEREAS, on March 4, 2024, the City Council adopted Ordinance No. 796 that amends Article III, Chapter 12 of the Port Hueneme Municipal Code (“PHMC”) to allow medicinal and nonmedicinal and/or commercial cannabis facilities within the City and superseding Ordinances 727, 734, 780 and 784; and
WHEREAS, on March 4, 2024, the City Council adopted Resolution No. 4483 ("Amended Implementing Resolution"), which contains implementing measures for Ordinance No., 796, including processes for the annual periodic review of development agreements associated with cannabis facilities; and
WHEREAS, on May 4, 2020, Development Agreement No. PHDA-874 was approved to allow the operation of a cannabis delivery service for Innovative Concepts Investment Group, LLC subject to certain requirements being met;
WHEREAS, pursuant to the Cannabis Ordinance and Implementing Resolution, a Development Agreement must be reviewed by the City Council at a duly noticed public hearing; WHEREAS, on November 17, 2025, a public hearing was held by the City of Port Hueneme, California, to determine Innovative Concepts Investment Group, LLC’s level of compliance with Development Agreement PHDA-874, as set forth in the Implementing Resolution; WHEREAS, that prior to rendering a decision on any aspect of said Development Agreement review, the City Council reviewed and duly considered the following:

1. All testimony, both written and oral, received in conjunction with that certain public hearing conducted on November 17, 2025, which testimony, by this reference, is incorporated herein.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

A. Performance of all material terms of the development agreement, which include, without limitation:

Attachment C
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