Part 13 — STANDARDS FOR SPECIFIC USES

Editor's note— Ord. No. 14-409, § 9, adopted Aug. 13, 2014, renumbered Pt. 12 as Pt. 13.

9396. • Outdoor recreational uses.

The purpose of the following standards is to establish minimum criteria for all outdoor recreational uses located in the city to ensure that the completed project will be in harmony with existing or potential uses in the surrounding area and consistent with the goals, objectives, and policies of the general plan.

A.

All exterior lighting associated with outdoor recreational uses shall be down lit, shielded and directed away from surrounding properties and public rights-of-way. No light source shall exceed the height of sixteen (16) feet from finished grade. Such lighting shall not blink, flash, oscillate or be of high intensity in brightness. The use of multiple colored lights and overhead rooftop lights is prohibited. Every use shall be operated such that there is no direct light and glare visible beyond the boundaries of the properties. A lighting plan which includes a photometric study shall be required as part of the conditional use permit and must be considered by the planning commission at the same time as the conditional use permit.

B.

All outdoor recreational uses shall be operated such that no loud speakers, bells, gongs, buzzers, or other noise attention or attracting devices can be heard beyond the boundaries of the property.

C.

All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties. When the outdoor use abuts commercial or industrial properties, all outdoor equipment and activities shall not create any noise that would exceed an exterior noise level of sixty (60) DBA during the hours of 10:00 p.m. to 7:00 a.m. and sixty-five (65) DBA during the hours of 7:00 a.m. to 10:00 p.m. When the outdoor use abuts residential properties, all outdoor equipment and activities shall not create any noise that would exceed an exterior noise level of fifty (50) DBA during the hours of 10:00 p.m. to 7:00 a.m. and fifty-five (55) DBA during the hours of 7:00 a.m. to 10:00 p.m.

D.

A minimum twenty-five (25) foot landscaped buffer shall be provided adjacent to all public rights-of-way and residential properties. Berming shall be provided within this landscape buffer adjacent to public rights- of-way. No outdoor recreational activities or parking shall be allowed in this setback. The planning commission may increase the setback based upon the final design of the project.

E.

The design of the facility, including site layout, rides and their structures, building orientation and incidental structures, shall be directed inward with minimal visibility to public rights-of-way and surrounding properties. The building's colors and materials shall harmonize with the surrounding properties and shall not include the use of bright colors. All elevations shall be treated equally with architectural detail.

F.

Mechanical equipment shall be enclosed and shall be located no less than five (5) feet from any property line and shall be insulated to prevent noise disturbance on adjacent properties.

G.

A signage plan in accordance with the city sign ordinance shall be required as part of the conditional use permit and must be considered by the planning commission at the same time as the conditional use permit.

H.

A parking study prepared by a registered traffic engineer approved by the city shall be provided by the applicant for any use not listed in the Zoning Ordinance.

I.

Incidental outdoor recreational uses shall be compatible with miniature golf, individually and collectively. Incidental outdoor recreational uses shall be confined to an area or areas not exceeding a combined area of twenty (20) percent of the total outdoor area of the site. Examples of incidental outdoor recreational uses include but are not limited to batting cages, miniature cars, bumper cars and boats (so long as they are not internal combustion engine powered); and amusement rides. Incidental outdoor recreational uses shall also include related infrastructure, such as walkways, bridges, landscaping, hardscaping and waterscaping. For purposes of this subsection, the total outdoor area: (i) shall not include areas occupied by buildings with permanent walls and roofs; (ii) shall not include setback areas, parking areas, or driveway areas; and (iii) shall include all other outdoor areas whether or not used for recreational activities.

J.

Incidental outdoor recreational uses shall be located away from the perimeter of the site. The miniature golf use shall be located along the entire street perimeter of the site in order to screen and buffer any incidental outdoor recreational uses, and related buildings and structures.

K.

In order for an activity to be considered indoor it must be conducted entirely within a building with permanent walls and roof.

L.

Primary batting cage facilities may include certain incidental uses such as pitching or practice cages, a practice and instructional recreational field, an office, an eating and nonalcoholic drinking establishment. Primary batting cage facilities shall be screened from view from the freeway by landscaping, decorative fences or walls, and/or placement of structures on the site.

M.

Primary batting cage facilities that existed prior to the adoption of this provision shall provide a minimum five (5) foot landscape buffer adjacent to all public right-of-way.

(Ord. No. 229, § 3, 5-26-93; Ord. No. 98-271, § 2, 4-22-98; Ord. No. 00-305, § 3, 1-10-2001)

In order to protect adjacent neighborhoods from the harmful effects attributable to the sale of alcoholic beverages, to ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community, and to minimize the adverse impacts of incompatible uses, the planning commission shall approve an application for a conditional use permit for an alcoholic beverage sales establishment.

(Ord. No. 09-362, § 3, 7-8-09)

Off-site and on-site alcoholic beverage establishments shall be subject to the issuance of a conditional use permit pursuant to sections 9396.3 and 9673.

(Ord. No. 09-362, § 3, 7-8-09)

In addition to the findings required by section 9673.2.E, the planning commission shall make the following findings, based on information submitted by the applicant and/or presented at the public hearing, before granting a conditional use permit:

A.

The requested use at the proposed location will not adversely affect the use of a school, park, playground or similar use within a 500-foot radius;

B.

The requested use at the proposed location is sufficiently buffered by topographic conditions or public or private improvements from residentially zoned areas within the immediate vicinity so as not to adversely affect said areas;

C.

The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or property deterioration, or to substantially diminish or impair property values within the neighborhood;

D.

The upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development and use of abutting properties and the surrounding neighborhood;

E.

The sale of alcoholic beverages may be restricted to certain hours of each day of the week as necessary to ensure that activities related to the project are compatible with the quiet enjoyment of the neighborhood;

F.

If an off-sale alcoholic beverage establishment, the requested use is not located in the freeway overlay land use district, unless it is a supermarket/food store larger than ten thousand (10,000) square feet of floor area;

G.

The requested use will not contribute to an undue concentration of alcoholic beverage establishments in the area;

H.

The requested use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police calls occur;

I.

If the sale of alcohol is proposed at an establishment that also offers live entertainment, said conditional use permit request shall be reviewed in conjunction with the conditional use permit for live entertainment.

(Ord. No. 09-362, § 3, 7-8-09)