Chapter 19.24 — OTHER USES

When the term "other uses which the commission determines to be similar" is used, it shall mean those other uses which in the judgment of the commission are similar to and not more objectionable to the health, safety and general welfare than the uses listed in the same section and which shall be adopted by resolution by the commission and approved by resolution of the city council. (Ord. No. 934-2015, § 19.24.010, 7-20-2015)

Sec. 19.24.020. - Lots in hilly areas.

(a)

On property located on downhill slopes having a 15 percent or greater slope (measured in the general direction of the side lot lines) an additional story may be constructed below the main building; provided, however, that the ceiling of the lower story shall be not more than two feet above the curb level, measured at the center of the lot frontage.

(b)

A private garage, located on property on both uphill and downhill slopes, having a 15 percent or greater slope may be constructed in the required front yard; provided, however, that every portion of the garage shall be at least five feet from the front lot line for uphill or downhill lots.

(Ord. No. 934-2015, § 19.24.020, 7-20-2015)

It is unlawful within the limits of the city for any person to park a house trailer, trailer coach, mobile home, or trailer on any premises other than within an authorized trailer park except as follows:

(1)

The parking of no more than one trailer in an accessory building or immediately at the rear or side of a dwelling, garage, commercial building or similar structure and upon the same lot or at such other location as is specifically designated and approved by the planning commission; and provided further, however, that the trailer so parked or stored shall be kept vacant and unoccupied at all times, and shall not be used for storage of material of any kind.

(2)

Trailers for residential purposes shall be pursuant to chapter 9.45 of this Code.

(Ord. No. 934-2015, § 19.24.030, 7-20-2015)

(a)

Purpose. The intent and purpose of this section is to protect the aesthetics and general welfare of the public by limiting the installation of transportation containers to appropriate land uses and require compatible architectural treatments of such installations.

(b)

Location. It is unlawful within the city for any person to park, store, install or allow transportation containers on any premises except as follows:

(1)

Temporary parking of transportation containers may be allowed during the delivery or exchange of goods or materials subject to meeting all other provisions of law. Transportation containers may also be used for storage at a construction site, provided the property owner has a valid building permit, and shall be removed at the completion of construction. No final certificate of occupancy shall be granted until the transportation container has been removed.

(2)

Transportation containers may be allowed in commercial, industrial and public facility zoned properties, subject to the provision, procedures and approvals of chapter 19.30, conditional uses, and subject to the following:

a.

Transportation containers shall be located at the rear of the site and where it is least visible from public view.

b.

Screening shall be provided from adjacent properties to buffer the visual appearance.

c.

Containers that are purchased for on-site storage shall be painted to match the base color of the main building on site.

d.

Transportation containers shall not be permitted on vacant property.

e.

Transportation containers legally placed prior to the ordinance from which this section is derived, but not meeting the above standards, shall be deemed conforming, but must be painted to match the main building on site.

(Ord. No. 934-2015, § 19.24.035, 7-20-2015)

Sec. 19.24.040. - Exceptions of structures permitted above height limit.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless and television masts, water tanks, silos, church steeples or similar structures may be erected above the maximum height permitted in each district. No structure or penthouse shall be allowed for purposes of providing additional floor space for other than the preceding items.

(Ord. No. 934-2015, § 19.24.040, 7-20-2015)

Sec. 19.24.050. - Exceptions; projections into yards.

(a)

Any structure erected for the purpose of providing shade in rear yards may be attached to an existing main building and when so attached will not be construed to be an extension of the main building when such shelter is entirely open on three sides.

(b)

Fireplace structures may be located in a required side yard provided they do not project into the yard by more than four feet nor create any side yard less than three feet in width.

(c)

Fire escapes may extend into any required side yard two feet or rear yard not more than four feet when required by law.

(d)

Open, unenclosed stairways or balconies may extend into a rear yard not more than four feet and into a required front yard not more than 30 inches.

(e)

Open, unenclosed and uncovered porches, platforms or landing platforms which do not extend above the level of the first floor of the building, may extend or project into the front yard a distance of not more than five feet.

(f)

Planters to a height of 3½ feet may be permitted in a required front yard.

(g)

Roof projections may extend into a required side yard for interior lots no closer than three feet to the side property line.

(h)

Roof projections may extend into a required front or rear yard three feet.

(i)

Open, unenclosed detached porches, gazebos, pergolas and other shade structures may encroach into a street side yard setback provided a minimum of ten feet remains clear of any structure from the street side yard property line. Location shall be consistent with section 19.06.040 (Clear-sight/sight distance-triangle).

(j)

Nothing in this title shall be construed to limit projections into any yard area for the purpose of reasonable accommodations pursuant to Government Code § 65583(a)(4) and as contained in section 19.10.060.

(Ord. No. 934-2015, § 19.24.050, 7-20-2015)

Sec. 19.24.060. - Accessory building setbacks.

(a)

An accessory building in the rear yard shall be no more than one story in height.

(b)

No accessory building or structure requiring a permit shall be erected in any required yard setback, except as noted above under section 19.24.050(i).

(c)

Garages shall not be permitted closer than 24 feet to side street property line for corner or reverse corner lots when the garage faces a side street property line.

(d)

No accessory building, whether requiring a building permit or not, shall be erected or placed such that it causes property damage to adjacent properties, whether it is from concentrated rain run-off, diverting drainage, etc.

(Ord. No. 934-2015, § 19.24.060, 7-20-2015)

No portion of any front yard or side yard adjacent to a street shall be used for the storage of motor vehicles, trailers, airplanes, boats, junk or rubbish. Storage as used in this chapter shall mean and constitute the presence for a period of 48 or more hours in any seven-day period of the above described material.

(Ord. No. 934-2015, § 19.24.070, 7-20-2015)

Sec. 19.24.080. - Commercial vehicle parking.

No portion of any lot in a residential district classification shall be used for the parking of any commercial vehicle. The term "commercial vehicle" as used in this chapter shall mean any vehicle over one ton.

(Ord. No. 934-2015, § 19.24.080, 7-20-2015)

Sec. 19.24.090. - Motor vehicle sales on private property.

(a)

It is unlawful for any person, firm, or corporation to sell, offer for sale, or allow to be sold at any time more than one motor vehicle without first obtaining a conditional use permit from the city.

(b)

It shall be the responsibility of the property owner of the property where said vehicles are located to remove or cause to be removed, the vehicles violating this section. It is no defense to this section that the property owner did not own or have the right to possession of said vehicles or that the person had no control over the owner of the vehicle.

(Ord. No. 934-2015, § 19.24.090, 7-20-2015)

Where any provision of this title imposes greater requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern. The city, including its officials, departments, commissions, or employees, shall have no responsibility to administrate or enforce the provisions of private deed restrictions but shall give due consideration to restrictions when advised of them at a public hearing on a change of zone, variance or similar matter.

(Ord. No. 934-2015, § 19.24.100, 7-20-2015)

Sec. 19.24.110. - Public utility lines.

The provisions of this title shall not be so construed as to limit or interfere with the use of property in any land use district for installation, maintenance and operation of public utility pipelines and under aerial transmission and supply lines, when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the state of California within rights-of-way, easements, franchises or other ownerships of such public utilities.

(Ord. No. 934-2015, § 19.24.110, 7-20-2015)

CHAPTER 19.26. - ADULT ENTERTAINMENT BUSINESSES[[2]]

Footnotes:

--- ( 2 ) ---

State Law reference— Local authority to regulate the time, place, and manner of operation of sexually oriented businesses, Government Code § 65850.4, Penal Code § 318.6; Quimby-Walsh Act, Penal Code § 318.5.

Sec. 19.26.010. - Purpose.

(a)

The purpose of this chapter is to prevent communitywide adverse secondary effects which can be brought about by:

(1)

The concentration of adult entertainment businesses;

(2)

The close proximity of adult entertainment businesses to incompatible uses such as schools for minors, religious institutions, parks and residential uses; and

(3)

The unregulated operation of adult entertainment businesses.

(b)

These adverse secondary effects include, but are not limited to:

(1)

Depreciation in property values;

(2)

Increased vacancy rates in residential and commercial areas;

(3)

Increased criminal activity;

(4)

Increased litter, noise, and vandalism; and

(5)

Interference with the enjoyment of residential property in the vicinity of such businesses.

(Ord. No. 934-2015, § 19.26.010, 7-20-2015)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

Adult entertainment business means any of the following:

(1)

Adult entertainment arcade. The term "adult entertainment arcade" means an establishment where, for any form of consideration, as a regular and substantial course of conduct, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

(2)

Adult entertainment bookstore, adult entertainment novelty store, adult entertainment video store. The term "adult entertainment bookstore, adult entertainment novelty store or adult entertainment video store" means an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either adult entertainment material, adult entertainment merchandise or both.

(3)

Adult entertainment cabaret. The term "adult entertainment cabaret" means an establishment which serves food or beverages and which, for any form of consideration as a regular and substantial course of conduct presents live performances that either:

a.

Are characterized by specified sexual activities; or

b.

Feature any semi-nude person.

(4)

Adult entertainment hotel/motel. The term "adult entertainment hotel/motel" means a hotel, motel or similar establishment offering public accommodations for any form of consideration which either:

a.

Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television;

b.

Rents, leases or lets any single guestroom for less than any ten-hour period;

c.

Rents, leases or lets any single guestroom more than twice in any 24-hour period;

d.

Allows a tenant or occupant to subrent a guestroom for a time period of less than ten hours.

(5)

Adult entertainment motion picture theater. The term "adult entertainment motion picture theater" means an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

(6)

Adult entertainment theater. The term "adult entertainment theater" means an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either:

a.

Are characterized by specified sexual activities; or

b.

Feature any semi-nude person.

(7)

Modeling studio. The term "modeling studio" means an establishment which provides, for any form of consideration, semi-nude figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such considerations. This definition shall not include the following:

a.

Schools maintained pursuant to standards set by the state board of education; and

b.

Schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities.

(8)

Sexual encounter center. The term "sexual encounter center" means a business, agency or person that, for any consideration or gratuity, provides a place where three or more persons (not members of the same family) may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

(9)

Any establishment which, for any form of consideration, as a regular and substantial portion of business offers to its patrons products, merchandise, services or entertainment that are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

Adult entertainment material means any book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, which is characterized by specified sexual activities or the exposure of specified anatomical areas.

Adult entertainment merchandise means adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; adult entertainment vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Characterized by an emphasis upon means the dominant or essential theme of the object described by such phrase.

Director means the economic development and planning manager of the city of Barstow, or his appointed designee.

Entertainer. Entertainer means a person who, for any form of consideration, performs at an adult entertainment business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult entertainment business.

Owner means the following:

(1)

The sole proprietor of an adult entertainment business;

(2)

Any general partner of a partnership which owns and operates an adult entertainment business;

(3)

The owner of a controlling interest in a corporation which owns and operates an adult entertainment business; and

(4)

The person designated by the officers of a corporation to be the permit holder for an adult entertainment business owned and operated by the corporation.

Park or sports facilities means a park, playground, swimming pool, golf course, recreational complex or athletic field within the city which is under the control, operation or management of the city or other public agency.

Peace officer has the meaning set forth in the California Penal Code.

Perform at an adult entertainment business means to engage in or participate in any live performance at an adult entertainment business that either:

(1)

Is characterized by an emphasis upon specified sexual activities; or

(2)

Features any semi-nude person.

Permittee means either of the following as appropriate to the context:

(1)

Any person who has been issued an adult entertainment business permit;

(2)

Any person who has been issued an adult entertainment business entertainer permit.

Person means, for the purpose of this chapter, any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

Regular and substantial course of conduct and regular and substantial portion of business means that any of the following conditions exist:

(1)

At least 20 percent of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale business with no patrons on the premises.

(2)

At least 20 percent of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order business or wholesale business with no patrons on the premises.

(3)

The business presents any type of entertainment (live or otherwise) characterized by an emphasis on specified sexual activities or featuring any semi-nude person on any four or more separate days within any 30-day period.

(4)

At least 20 percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

Religious institution means a structure which is used primarily for religious worship and related religious activities.

Residence or residential means a residential zoning district, home, abode or place where an individual is actually living at a specified point in time.

School means (i) any child or day care facility; and (ii) any institution of learning for minors (whether public or private) offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school or any special institution of education. However, it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as, portions of the body covered by supporting straps or devices.

Specified anatomical areas means the following:

(1)

Less than completely and opaquely covered human:

a.

Genitals or pubic region;

b.

Buttocks; and

c.

Female breasts below a point immediately above the top of the areola;

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(3)

Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) of this definition.

Specified sexual activities means the following, whether performed directly or indirectly through clothing or other covering;

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

(2)

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Excretory functions as part of, or in connection with, any of the other activities described in subsections (1) through (3) of this definition.

Substantially enlarged means the increase in floor area occupied by an adult entertainment business by more than ten percent of its floor area as it existed at the time an adult entertainment business permit was issued for the business.

(Ord. No. 934-2015, § 19.26.020, 7-20-2015)

Cross reference— § 5.50.040, Specific regulations, sidewalk vending, adult entertainment material.

Sec. 19.26.030. - Adult entertainment business permit.

(a)

Permit required. It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, an adult entertainment business permit for such business.

(b)

Persons eligible. The owner of a proposed adult entertainment business shall be the only person eligible to obtain an adult entertainment business permit for such business. The owner shall not be eligible to obtain an adult entertainment business permit unless the owner is at least 18 years of age.

(c)

Application requirements. The following shall be submitted to the director at the time of application for an adult entertainment business permit.

(1)

A completed application form signed by: (i) the applicant; and (ii) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult

entertainment business is to be conducted;

(2)

The applicant's fingerprints on a form provided by the Barstow police department and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant. The fingerprints and photograph shall be taken by the Barstow police department;

(3)

A letter of justification which describes the proposed adult entertainment business and how it will satisfy the requirements of this chapter;

(4)

A site plan designating the building and/or unit proposed for the adult entertainment business. The site plan shall include a dimensional interior floor plan which depicts how the business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by section 19.06.050;

(5)

The names of all owners, employees, contract and freelance entertainers, independent contractors, and other persons who will perform at the adult entertainment business and who are required by this chapter to obtain an adult entertainment business entertainer permit;

(6)

A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct to the best of the applicant's information and belief;

(7)

A nonrefundable application fee in an amount set by resolution of the city council.

(Ord. No. 934-2015, § 19.26.030, 7-20-2015)

The director shall, within 20 city business days of the filing of a complete application, approve and issue the adult entertainment business permit if the requirements of this chapter have been met, or deny the application. Failure of the director to approve or deny the application in 30 days of the applicant or license submittal shall result in the application or license being granted. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three city business days of the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested persons may appeal the decision of the director to the city council in accordance with section 19.26.220.

(Ord. No. 934-2015, § 19.26.040, 7-20-2015)

(a)

No person shall operate an adult entertainment business under the authority of an adult entertainment business permit at any place other than the address of the adult entertainment business stated in the application for the permit.

(b)

No adult entertainment business permit issued pursuant to this chapter shall be transferable.

(c)

Any attempts to transfer an adult entertainment business permit is declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

(Ord. No. 934-2015, § 19.26.050, 7-20-2015)

(a)

A adult entertainment business may be located in the industrial zoning district provided such business complies with all of the following requirements:

(1)

The adult entertainment business is not within 1,000 feet of any existing adult entertainment business located within or outside of the city;

(2)

The adult entertainment business is not within 1,000 feet of any residential zoning district or existing residence located within or outside of the city;

(3)

The adult entertainment business is not within 1,000 feet of any existing park or sport facility, religious institution, residentially zoned area or school located within or outside of the city; and

(4)

The adult entertainment business is not located within an area that is subject to a specific plan.

(b)

The distances set forth above shall be measured as a straight line from the primary entrance of the adult entertainment business to the property line of the property so used without regard to intervening structures.

(Ord. No. 934-2015, § 19.26.060, 7-20-2015)

(a)

No adult entertainment business shall be located in any temporary or portable structure.

(b)

Placement and construction of all trash enclosures shall be consistent with chapter 6.21 (Refuse and recycling enclosures) of this Code.

(c)

Installation of all landscaping and irrigation shall comply with all of the requirements identified under section 12.12.020 (Sight distance and height clearance), section 19.06.040 (Clear-sight/sight distance and height clearance) and section 19.06.080 (Landscaping) of the Barstow Municipal Code, City of Barstow Landscape Manual, Drought Tolerant Materials list and adopted irrigation details.

(d)

All exterior lighting shall be consistent with section 19.06.010 (Outdoor lighting). All off-street parking areas and premises entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation. The lighting shall be shown on the site plan required by section 19.26.030(c)(4).

(e)

The premises within which the adult entertainment business is located shall provide sufficient soundabsorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building. All sound-absorbing insulation shall be installed per requirements identified in the current edition of the Uniform Building Code.

(f)

The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises.

(g)

Restrooms shall be provided based upon requirements contained within the current edition of the Uniform Building Code. All indoor areas of the adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(h)

All areas of the adult entertainment business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level and shall be consistent with requirements identified within the current edition of the Uniform Building Code:

(i)

The adult entertainment business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using restrooms for females, and female patrons and employees shall be prohibited from using the restrooms for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult entertainment material and adult entertainment merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a adult entertainment business which deals exclusively with sale or rental of adult entertainment material or adult entertainment merchandise which is not used or consumed on the premises.

(j)

All signs located upon the exterior of an adult entertainment business shall comply with section 19.06.060 (Signs) and any adopted sign policies.

(k)

Adult arcades shall comply with the following additional requirements:

(l)

The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subsection must be direct line of sight from the designated manager's station.

(m)

The view specified in subsection (l) of this section shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials.

(n)

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two such rooms or booths.

(o)

Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

(1)

Separate dressing room facilities for entertainers (exclusively dedicated to the entertainers' use) shall be provided.

(2)

An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided.

(3)

Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three-foot wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers.

(Ord. No. 934-2015, § 19.26.070, 7-20-2015)

Sec. 19.26.080. - Performance standards.

(a)

No adult entertainment business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either:

(1)

Adult entertainment material;

(2)

Adult entertainment merchandise;

(3)

Specified sexual activities; or

(4)

Any semi-nude person.

This provision shall apply to any display, decoration sign, show window or other opening.

(b)

Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.

(c)

Exterior windows of the adult entertainment business shall be covered with opaque covering at all times.

(d)

Patrons shall not be permitted access to any area of the adult entertainment business which has been designated as an area in which patrons will not be permitted.

(e)

No person under the age of 18 years shall be permitted within the adult entertainment business at any time.

(f)

The adult entertainment business shall maintain a security system that visually monitors and records all parking surfaces serving the business.

(g)

Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards:

(1)

One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.

(2)

Security guards shall be: (i) certified by the state commission on peace officer standards and training; (ii) currently employed, off-duty peace officers; and (iii) uniformed in such a manner so as to be readily identifiable as a security guard by the public.

(3)

The security guards shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this chapter, and with notifying the Barstow police department of any violations of law

observed.

(4)

No security guard required pursuant to this subsection (g) shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(h)

No adult entertainment business shall operate between the hours of 12:00 midnight and 8:00 a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control.

(i)

No owner or other person with managerial control over an adult entertainment business shall permit any person on the premises of the adult entertainment business to engage in a live showing of specified anatomical areas.

(j)

Adult arcades shall comply with the following additional requirements:

(1)

No viewing room or video booth may be occupied by more than one person at any one time.

(2)

At least one employee shall be on-duty and stationed at each manager's station at all times that a patron is present inside the premises.

(3)

Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.

(4)

Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.

(5)

The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.

(k)

Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

(1)

No entertainer shall perform except upon a stage which is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least ten feet from the nearest area occupied by patrons.

(2)

No patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

(3)

No entertainer shall have physical contact with a patron before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.

(4)

No patron shall have physical contact with an entertainer before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.

(5)

No patron shall directly pay or give any gratuity to an entertainer.

(6)

No entertainer shall solicit any gratuity from a patron.

(Ord. No. 934-2015, § 19.26.080, 7-20-2015)

Sec. 19.26.090. - Gross receipt records.

(a)

Maintenance. The owner of an adult entertainment business shall maintain complete records which can be segregated with regard to all transactions involving products, merchandise, services or entertainment which are characterized by an emphasis on specified sexual activities or exposure of specified anatomical areas. Such records shall be sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for at least three years after the end of the calendar year for which the records were created.

(b)

Exemption. This section shall not be applicable to an adult entertainment business for which such transactions constitute less than 15 percent of the gross receipts of the business.

(Ord. No. 934-2015, § 19.26.090, 7-20-2015)

Sec. 19.26.100. - Register and permit number of entertainers.

(a)

Maintenance. Every owner of an adult cabaret and every owner of an adult theater shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainer's legal name, stage names, and adult entertainment business permit number.

(b)

Annual filing. Every owner of an adult cabaret and every owner of an adult theater shall annually file with the director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct to the best of the owner's information and belief.

(Ord. No. 934-2015, § 19.26.100, 7-20-2015)

Sec. 19.26.110. - Employment of person without permits.

No permittee, owner, operator or other person in charge of an adult entertainment business shall allow any person to perform at the business unless such person is in possession of a valid adult entertainment business entertainer permit.

(Ord. No. 934-2015, § 19.26.110, 7-20-2015)

Every adult entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult entertainment business.

(Ord. No. 934-2015, § 19.26.120, 7-20-2015)

Sec. 19.26.130. - Inspections.

The owner, operator, or other person in charge of an adult entertainment business shall allow city officers and their authorized representatives to conduct unscheduled inspections of the premises of the adult entertainment business for the purpose of ensuring compliance with the law at any time the adult entertainment business is open for business or occupied.

(Ord. No. 934-2015, § 19.26.130, 7-20-2015)

Sec. 19.26.140. - Conditions.

The requirements of this chapter shall be deemed conditions of adult entertainment business permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of an adult entertainment business permit.

(Ord. No. 934-2015, § 19.26.140, 7-20-2015)

Sec. 19.26.150. - Adult entertainment business entertainer permit.

(a)

Permits required. It is unlawful for any person to perform at an adult entertainment business unless such person first obtains from the director, and continues to maintain in full force and effect, an adult entertainment business entertainer permit.

(b)

Persons eligible. No person less than 18 years of age shall be eligible for an adult entertainment business permit.

(c)

Application requirements. The following shall be submitted to the director at the time of application for an adult entertainment business entertainer permit:

(1)

A completed application form signed by: (i) the applicant; and (ii) the owner of the adult entertainment business in which the applicant intends to perform;

(2)

The applicant's legal name and any other names (including stage names and aliases) used by the applicant;

(3)

Age, date and place of birth;

(4)

Height, weight, hair and eye color;

(5)

Present residence address and telephone number;

(6)

Whether the applicant has ever been convicted of:

a.

Any of the offenses set forth in California Penal Code §§ 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 311.1, 311.2, 311.3, 311.4, 311.6, 311.10, 311.11, 313.1, 314, 647(a), 647(b) and 647(d), as those sections now exist or may hereafter be amended or renumbered;

b.

The equivalent of any of the aforesaid offenses if committed outside the State of California;

c.

Any offenses which would require the individual to register as a sex offender pursuant to California Penal Code § 290;

(7)

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

(8)

State driver's license or identification number;

(9)

Satisfactory written evidence that the applicant is at least 18 years of age;

(10)

The applicant's fingerprints on a form provided by the Barstow police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant. The fingerprints and photograph shall be taken by the Barstow police department.

(Ord. No. 934-2015, § 19.26.150, 7-20-2015)

Sec. 19.26.160. - Grounds for denial.

(a)

The director shall deny an application for an adult entertainment business entertainer permit for any of the following causes:

(1)

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application;

(2)

The applicant is under 18 years of age.

(3)

The adult entertainment business entertainer permit is to be used for performing in a business prohibited by state or city law;

(4)

The applicant has been convicted of any of the offenses enumerated in section 19.26.150(c)(6)a or an equivalent offence committed outside the State of California; provided, however, that such conviction shall not be grounds for denial if the conviction occurred more than five years prior to the date of the application.

(b)

Only felony convictions for items noted under this section would result in denial of a permit.

(Ord. No. 934-2015, § 19.26.160, 7-20-2015)

Sec. 19.26.170. - Approval or denial of permit.

(a)

The director shall, within three city business days of the filing of a complete application, approve and issue the adult entertainment business permit if there are no grounds for denial; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three city business days of the date of such decision.

(b)

If the application is denied, the director shall attach to the notice a statement for the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the city council in accordance with this chapter.

(Ord. No. 934-2015, § 19.26.170, 7-20-2015)

(a)

No adult entertainment business entertainer permit shall authorize the permittee to perform at a adult entertainment business other than the business stated in the application for the permit.

(b)

No adult entertainment business entertainer permit issued pursuant to this chapter shall be transferable.

(c)

Any attempt to transfer an adult entertainment business entertainer permit is declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

(Ord. No. 934-2015, § 19.26.180, 7-20-2015)

Sec. 19.26.190. - Display of permit.

Every entertainer shall have his adult entertainment business entertainer permit available for inspection at all times during which such entertainer is on the premises of the adult entertainment business at which the

entertainer performs.

(Ord. No. 934-2015, § 19.26.190, 7-20-2015)

Sec. 19.26.200. - Grounds for suspension or revocation.

(a)

The director shall suspend or revoke an adult entertainment business permit for the following causes:

(1)

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the city;

(2)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has knowingly failed to comply with any of the requirements of this section;

(3)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the adult entertainment business;

(4)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has committed a misdemeanor or felony in the conduct of the business;

(5)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has failed to abide by any disciplinary action previously imposed by an authorized city official;

(6)

The approved use has been substantially enlarged without city approval.

(b)

The director shall suspend or revoke an adult entertainment business entertainer permit for the following causes:

(1)

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the city;

(2)

The permittee has engaged in one of the activities described below while on the premises of an adult entertainment business:

a.

Unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

b.

Unlawful solicitation of sexual intercourse, sodomy, oral copulation, or masturbation;

c.

Any conduct constituting a criminal offense which requires registration under California Penal Code § 290;

d.

Lewdness, assignation, or prostitution, including any conduct constituting violations of California Penal Code §§ 315, 316, or 318 or subdivision b of § 647.

e.

An act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Penal Code §§ 311 through 313.4.

f.

Any conduct prohibited by this section;

(3)

Failure to abide by an disciplinary action previously imposed by an authorized city official.

(Ord. No. 934-2015, § 19.26.200, 7-20-2015)

Sec. 19.26.210. - Procedure for suspension or revocation.

(a)

Notice. On determining that grounds for permit revocation exist, the director shall furnish written notice of the proposal suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the grounds upon which the propose suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, at least ten days prior to the hearing date.

(b)

Hearing. Hearings shall be conducted in accordance with procedures established by the director. All parties involved shall have a right to: (i) offer testimonial, documentary and tangible evidence bearing on the

issues; (ii) be represented by counsel; and (iii) confront and cross examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(c)

Penalty. After holding the hearing in accordance with this section, upon determination that there are sufficient grounds for disciplinary action, the director shall impose one of the following penalties:

(1)

A warning;

(2)

Suspension of the permit for a specified period not to exceed six months;

(3)

Revocation of the permit.

The director may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.

(Ord. No. 934-2015, § 19.26.210, 7-20-2015)

Sec. 19.26.220. - Appeals.

(a)

Who may appeal. Any interested person may appeal the director's issuance, denial of issuance, suspension or revocation of an adult entertainment business entertainer permit to the city council in accordance with the provisions of this section.

(b)

Appeal period. A written appeal petition must be filed with the city clerk within five working days after the decision of the director, provided, however, that if the five days expires on a date that city hall is not open for business, then the appeal period shall be extended to the next city business day. Failure to file a timely appeal petition deprives the city council of jurisdiction to hear the appeal.

(c)

Form of appeal petition. The appeal petition must indicate in what way the appellant contends the director's decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the director's decision.

(d)

Director's decision stayed. The effectiveness of any decision of the director to suspend or revoke an adult entertainment business permit or adult entertainment business entertainer permit shall be stayed during: (i) the appeal period set forth in subsection (b) of this section; and (ii) the pendency of any appeal.

(e)

City council consideration. The city council shall set the appeal for hearing and give notice of the date, time and place thereof in accordance with section 19.44.050(a).

(f)

City council decision. The city council shall render a decision on the appeal in accordance with section 19.44.050(b). No later than three city business days after the city council's decision, notice of the decision and a copy of the resolution shall be mailed by first class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure § 1094.6."

(g)

Judicial review. The appellant may seek judicial review of the city council's decision in accordance with California Code of Civil Procedure § 1094.5 et seq. or as otherwise permitted by law.

(Ord. No. 934-2015, § 19.26.220, 7-20-2015)

Sec. 19.26.230. - Existing adult businesses.

(a)

Any adult entertainment business lawfully operating on the effective date of the ordinance from which this chapter is derived in violation hereof shall be deemed a nonconforming use.

(b)

Any adult entertainment business lawfully operating on the effective date of the ordinance from which this chapter is derived which becomes nonconforming due to the location criteria enumerated in section 19.26.060 shall cease operation, or otherwise be brought into full compliance with the location criteria of this chapter, not later than 20 years following the effective date of the ordinance from which this chapter is derived.

(c)

Any adult entertainment business lawfully operating on the effective date of the ordinance from which this chapter is derived which becomes nonconforming due to either the design standards enumerated in section 19.26.070 or the performance standards enumerated in section 19.26.080 shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this chapter, not later than one year following the effective date of the ordinance from which this chapter is derived.

(d)

Any adult entertainment business lawfully operating on the date of being annexed by the city which becomes nonconforming due to the location criteria enumerated in section 19.26.060 shall cease operation, or otherwise be brought into full compliance with the location criteria of this chapter, not later than 20 years following the date of annexation.

(e)

Any adult entertainment business lawfully operating on the date of being annexed by the city which becomes nonconforming due to either the design standards enumerated in section 19.26.070 or the performance standards enumerated in section 19.26.080 shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this chapter, not later than one year following the date of annexation.

(f)

An adult entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of: (i) a residential use within 1,000 feet of the adult entertainment business; or (ii) a park or sports facility, religious institution or school within 1,000 feet of the adult entertainment business. This exemption shall only apply if the adult entertainment business is continuous, which means that interruptions in use cannot exceed six months.

(Ord. No. 934-2015, § 19.26.230, 7-20-2015)

Sec. 19.26.240. - Employment of and services to minors.

No permittee, operator or other person in charge of an adult entertainment business shall hire or allow any person who is not at least 18 years of age to enter or remain within the adult entertainment business. Any permittee, operator, or other person in charge of a business who allows any person who is not at least 18 years of age to enter or remain within the adult entertainment business shall be subject to civil fine not to exceed $10,000.00 per violation, suspension or revocation of the adult entertainment business permit, or both such fine and suspension or revocation.

(Ord. No. 934-2015, § 19.26.240, 7-20-2015)

No building, structure or other facility shall contain more than one type of adult entertainment business, as such types of adult entertainment businesses are defined in this chapter.

(Ord. No. 934-2015, § 19.26.250, 7-20-2015)

Sec. 19.26.260. - Regulations nonexclusive.

The provisions of this chapter regulating adult entertainment businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of this Code or other law.

(Ord. No. 934-2015, § 19.26.260, 7-20-2015)

Sec. 19.26.270. - Conflicts.

If the provisions of this chapter conflict with or contravene any other provisions of this Code, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. No. 934-2015, § 19.26.270, 7-20-2015)

CHAPTER 19.27. - USES RELATED TO CANNABIS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 974-2021, § 1, adopted June 7, 2021, repealed the former Ch. 19.27, §§ 19.27.010—19.27.060, and enacted a new Ch. 19.27 as set out herein. The former Ch. 19.27 pertained to uses related to marijuana and derived from Ord. No. 949-2016, § 2, adopted Nov. 7, 2016.

Sec. 19.27.010. - Purpose.

The purpose of this chapter is to regulate personal use of cannabis and commercial cannabis activity in the city. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.

(Ord. No. 974-2021, § 1, 6-7-2021)

Sec. 19.27.020. - Definitions.

For purposes of this chapter, the following definitions shall apply:

Applicant means a person applying for a permit to engage in commercial cannabis activity within the city.

Business premises means the designated structure or structures and land specified in an application for a permit that is owned, leased, or otherwise held under the control of the applicant or cannabis business where the licensed commercial cannabis activity will be or is conducted.

Cannabis means all parts of the plant Cannabis sativa Linnaeus Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" does not include:

(1)

Industrial hemp, as defined in section 11018.5 of the California Health and Safety Code; or

(2)

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

Cannabis business means any person engaged in commercial cannabis activity in the city.

Cannabis nursery means any facility that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Commercial cannabis activity includes all cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis, cannabis accessories, or cannabis products, except the personal uses and cultivation of cannabis permitted by California Health and Safety Code sections 11362.1 and 11362.2.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Day means calendar day unless another meaning is provided.

Delivery means the commercial transfer of cannabis or cannabis products to a customer.

Distribution means the procurement, sale, and transport of cannabis or cannabis products between licensed cannabis businesses.

Manufacture means the production, preparation, propagation, or compounding of cannabis products, including extraction processes, infusion processes, the packaging or repackaging of manufactured cannabis or cannabis products, and labeling or relabeling the packages of manufactured cannabis or cannabis product.

Owner means owner as defined in Section 26001 of the California Business and Professions Code, included in the Medicinal and Adult Use Cannabis Regulation and Safety Act, as currently defined or as may be amended.

Permit means a city permit issued pursuant to this chapter to engage in commercial cannabis activity in the city.

Person includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

Retail storefront means a place at which or a business by which cannabis, cannabis products, or accessories for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale.

State licensing agencies mean the California Bureau of Cannabis Control, California Department of Public Health and the California Department of Food and Agriculture, or any other state agency designated by the State of California to regulate commercial cannabis activity.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

(Ord. No. 974-2021, § 1, 6-7-2021)

(a)

Personal, non-commercial use, possession, purchase, or transport of cannabis or cannabis products for recreational or medicinal purposes is permissible in the city.

(b)

Outdoor cultivation. No person may cultivate cannabis outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit of entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

(c)

Indoor cultivation. No Person may cultivate cannabis inside any structure in any zoning district of the city, unless (i) that person holds a cultivation permit issued pursuant to this chapter or (ii) that person cultivates no more than six plants at any one time and solely for personal use in a private residence or an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

(d)

Nothing in this Code shall limit the right of an owner of a private residence to restrict the use or cultivation of cannabis or cannabis products within that private residence, or on the grounds thereof, by tenants, licensees, or any other person with lawful access to that private residence.

(Ord. No. 974-2021, § 1, 6-7-2021)

Sec. 19.27.040. - Cannabis business permit and other permits required.

(a)

It shall be unlawful to operate a cannabis business or otherwise engage in commercial cannabis activity within the city except with a permit issued pursuant to this chapter. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any cannabis business within the city except as permitted by this chapter and any other applicable provision of this Code.

(b)

A cannabis business shall obtain a separate permit for each type of commercial cannabis activity it will engage in in the city.

(c)

A cannabis business shall obtain a separate permit for each business premises at which it will engage in commercial cannabis activity in the city.

(d)

In addition to a cannabis business permit under this chapter, it shall be unlawful to operate a cannabis business or otherwise engage in commercial cannabis activity within the city without the approval by the city council of a development agreement and a condition use permit authorizing each proposed cannabis business.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 1, 10-4-2021)

Editor's note— Ord. No. 977-2021, § 1, adopted Oct. 4, 2021 amended § 19.27.040 and in doing so changed the title from "Cannabis business permit required" to "Cannabis business permit and other permits required," as set out herein.

Sec. 19.27.050. - Authority of the city manager.

(a)

The city manager shall be responsible for administering and enforcing this chapter. The city manager may designate its authority under this chapter to other city departments and employees as necessary to effectuate the purpose and intent of this chapter or to protect the public health, safety and welfare.

(b)

The city manager, in consultation with the city attorney, may adopt administrative policies to promulgate rules, regulations, and procedures to ensure the efficient and timely implementation of this chapter or to protect the public health, safety and welfare. Such policies shall be: (i) effective upon the date specified in the policy; (ii) signed by the city manager and the city attorney; and be made publicly available through the city clerk.

(c)

The city manager is the city's designated contact for all communications with the state licensing agencies.

(d)

The city council may, in its discretion, designate any other city official or other person, to perform any of the city manager's responsibilities pursuant to this chapter.

(Ord. No. 974-2021, § 1, 6-7-2021)

Sec. 19.27.060. - Types of commercial cannabis activity permitted.

The following types of adult-use and medical-use commercial cannabis activity, as defined in Business and Professions Code Section 26050(a) and the regulations of the state licensing agencies, may be permitted to operate in the city, upon the approval of all permits required by this Code:

(1)

Cultivation (Indoor only: Types 1 through 5, excluding outdoor; Processor).

(2)

Delivery (Type 9).

(3)

Distribution (Types 11 and 13).

(4)

Manufacturing (Types 6, 7, N, P).

(5)

Retail Storefront (Type 10).

(6)

Testing (Type 12).

(7)

Temporary cannabis event.

(8)

Any commercial cannabis activity which requires a State of California license as currently defined or amended by the State of California and which is not identified in this chapter and not outdoor cultivation.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 2, 10-4-2021)

Sec. 19.27.070. - Number of commercial cannabis businesses permitted.

(a)

There shall be no limit on the number of permits issued pursuant to this chapter.

(b)

Nothing in this section creates a mandate that the city must issue any number of permits if it is determined that applicants do not meet the requirements for a permit pursuant to this chapter and other applicable state and local laws.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 3, 10-4-2021)

A cannabis business shall only be located in such subsets of such zoning districts as designated by the city council by resolution as authorized locations for each type of cannabis business. The following additional location restrictions apply to each cannabis business within the city.

(a)

Each cannabis business type must be located within the zoning districts specified by Barstow Municipal Code sections 19.16.030 and 19.18.030, as applicable.

(b)

A cannabis business shall not be located within a 1,000 foot radius of any public or private school providing instruction in kindergarten or any grades one through twelve, public park, public day care center or public youth center, or church or other religious land use that is in existence at the time the cannabis business applies for its initial permit.

(c)

A cannabis business shall not be located within a 1,000 foot radius of any residentially zoned district of the city (Districts ER, LDR, SFR, MDR, or any other newly created residential zoning district) that is so zoned at the time the cannabis business applies for its initial permit.

The distances specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the California Health and Safety Code.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 4, 10-4-2021)

Sec. 19.27.090. - Cannabis business permit application procedures.

(a)

The city manager shall prepare and publish application forms and instructions for applying for a permit and the additionally required development agreement and conditional use permit.

(b)

An applicant shall provide the following documents and information to the city manager as part of its application, in addition to any documents required by the city manager's application forms and procedures promulgated under subsection (a):

(1)

Landowner authorization for the proposed business premises;

(2)

Zoning map demonstrating the proposed business premises complies with location restrictions specified in section 19.27.080 of this chapter and other applicable provisions of this Code and the city council's resolution(s);

(3)

Disclosure of all owners and financial interest holders;

(4)

Business premises diagram;

(5)

Standard operating procedures;

(6)

Security plan;

(7)

Community liaison plan; and

(8)

Applications for a development agreement and conditional use permit signed by the cannabis business permit applicant and landowner, if not the same.

(c)

Within each application period to be specified by the city manager by regulation, an applicant may submit an application for a permit to the city manager.

(d)

An applicant shall pay a non-refundable application fee in an amount established by resolution of the city council to cover the costs associated with the processing of the application.

(e)

Within 30 days of an applicant paying the application fee pursuant to subsection (d) of this section, the city manager shall determine whether the applicant has submitted all required information and documents pursuant to subsection (b) of this section. If the applicant has submitted all required information and documents, the city manager shall notify the applicant in writing that its application is complete. If the applicant has not submitted all required information and documents, the city manager shall notify the applicant in writing of the remaining information and documents required to be submitted.

(f)

Upon the city manager's determination that an application is complete, the city manager shall issue the applicant local authorization for the purpose of applying for a state license from the state licensing agencies. At a minimum, the local authorization shall confirm that the applicant's compliance with the city's cannabis business permit process is underway but not complete.

(g)

After deeming an application complete, the city manager may issue a permit to an applicant if and once all of the following requirements are met:

(1)

The applicant provides an executed rental agreement or property deed for its business premises.

(2)

The city manager or its designee conducts a physical inspection of the business premises and determines that it is substantially similar to the premises diagram submitted as part of the application.

(3)

The city manager or its designee satisfies all requirements, if any, under the California Environmental Quality Act, relating to issuance of a permit.

(4)

The fire prevention department conducts a physical inspection of the business premises and determines that there are no violations of the fire and building codes.

(5)

The applicant has obtained all other permits, licenses, authorizations or other approvals required to conduct business in the city, including city council approval of a development agreement and conditional use permit.

(6)

The applicant's owner(s) complete a background check administered by the police department and no owner is found to have been convicted of a felony within the five years preceding to the date of application.

(7)

The applicant has obtained all required licenses from the state licensing agencies.

(8)

The city manager has determined that the applicant has met all applicable requirements of this Code and state law.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 5, 10-4-2021)

Sec. 19.27.100. - Denial of cannabis business permit application.

(a)

If an applicant does not meet all requirements for a permit, the city manager shall provide written notice to the applicant specifying which requirements the applicant does not meet and provide the applicant a reasonable opportunity to comply with those requirements. Thereafter, if the applicant fails or is unable to meet any requirement for a permit, the city manager may deny the application by providing written notice to the applicant specifying the reason(s) for denial.

(b)

An applicant may appeal a denial of its application pursuant to section 19.27.170 of this chapter, unless the denial was by the city council, in which case the decision is final and not appealable.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 6, 10-4-2021)

Sec. 19.27.110. - Cannabis business permit renewal procedures.

(a)

A cannabis business permit is valid for one year from the date of issuance.

(b)

To renew a permit, a cannabis business shall file an application for renewal, on a form provided by the city manager, at least 60 days prior to the expiration date of the current permit. The cannabis business shall also pay a non-refundable renewal application fee in an amount established by resolution of the city council to cover the costs associated with the processing of the application.

(c)

The city manager shall decide whether to approve or deny the application for renewal no later than 30 days before the current permit expires.

(d)

The city manager shall approve a timely application for renewal if the cannabis business provides all information required by the city manager, pays the renewal application fee, the cannabis business remains in compliance with the terms of its development agreement, conditional use permit, and cannabis business permit, and no reason exists to deny the application, such as noncompliance with applicable state or local laws.

(e)

The city manager may deny an application for renewal if it determines that the cannabis business has violated or is in violation of any requirements of this Code or any applicable state or local law or condition of any city approval or permit, provided the cannabis business is first afforded a reasonable opportunity to correct any violations.

(f)

An applicant may appeal a denial of an application for renewal pursuant to section 19.27.170 of this chapter. If an applicant timely files an appeal, its existing permit shall remain valid and active until it has exhausted all administrative appeal rights pursuant to 19.27.170 of this chapter.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 7, 10-4-2021)

Sec. 19.27.120. - Cannabis business ownership amendment and permit transfer procedures.

(a)

A cannabis business shall be permitted to modify its ownership structure, including removing or adding owners, provided that the cannabis business provides the city manager an updated ownership and financial interest disclosure form within 15 days of the occurrence of the modification. If the city manager determines any new owner has been convicted of a felony within the last five years, the cannabis business shall not be permitted to operate unless the ineligible owner is removed from the ownership structure.

(b)

A cannabis business shall be permitted to transfer its permit to another person subject to the approval of the city manager. A Permit may only be transferred if the person receiving the permit first submits to the city manager all documents and information required pursuant to section 19.27.090(g) of this chapter and the city manager determines that person meets the requirements for a permit, including all applicable requirements of the development agreement and conditional use permit.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 8, 10-4-2021)

Sec. 19.27.130. - State license required.

A cannabis business shall not engage in commercial cannabis activity in the city if it does not hold an active provisional or annual commercial cannabis license(s) from the state licensing agencies for each type of commercial cannabis activity it will engage in at its business premises in the city.

(Ord. No. 974-2021, § 1, 6-7-2021)

Sec. 19.27.140. - Cannabis business operational requirements.

(a)

A cannabis business in the city shall comply with all city laws and all other applicable laws.

(b)

A cannabis business in the city shall comply with all applicable provisions of Business and Professions Code Section 26000, et seq. and all applicable rules and regulations promulgated by the state licensing agencies.

(c)

Community relations liaison. A cannabis business shall designate one of its owners or full-time employees as its community relations liaison and who shall be responsible for receiving and responding to all concerns and complaints made to the city regarding the cannabis business and for making a good faith attempt to promptly address all concerns and resolve all complaints. The community relations liaison's name, phone number and email address shall be posted prominently on the exterior of the cannabis business's business premises.

(d)

Age restrictions. Individuals under 21 years of age shall not be allowed on the business premises of any cannabis business, except as pertaining to the sale of cannabis for medicinal use by a storefront retail

cannabis business to a medical patient or primary caregiver who is at least 18 years of age.

(e)

Hours of retail operation. A retail storefront cannabis business shall only be open to the public between the hours of 6:00 a.m. and 10:00 p.m. A delivery cannabis business shall only deliver cannabis or cannabis products between the hours of 6:00 a.m. and 10:00 p.m. The city manager may adjust these default hours by regulation.

(f)

Security requirements. A cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products. These security measures shall include, but may not be limited to the following:

(1)

Alarm system (perimeter, fire, and panic buttons).

(2)

Remote monitoring of alarm systems by licensed security professionals.

(3)

Perimeter lighting systems (including motion sensors) for after-hours security.

(4)

Perimeter security and lighting.

(5)

Establishing limited access areas accessible only to authorized cannabis business personnel.

(6)

All cannabis and cannabis products shall be stored and secured in accordance with the requirements specified by the State of California. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

(7)

Twenty-four-hour security surveillance cameras to monitor all entrances and exits to and from the business premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. Live feed and video recordings shall be maintained for a minimum of 90 cannabis events.

(8)

Entrance areas are to be under the control of a designated responsible party that is either: (a) an employee of the cannabis business; or (b) a licensed security professional.

(g)

Odor control. A cannabis business shall implement an adequate ventilation system and odor control filtration measures to prevent odors from inside the business premises from being detected outside the business premises. Activated carbon filters are required for locations growing or manufacturing cannabis. If any cannabis facility has multiple complaints of odors this may trigger an inspection. If upon inspection a facility does have noticeable odor coming from inside the facility to the outside and the facility, then additional measures to reduce odor will be required as determined by the community development department. This includes, but is not limited to, the installation of additional activated carbon or other kinds of filters.

(h)

Restriction on alcohol and tobacco sales.

(1)

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the business premises of a cannabis business.

(2)

No person shall cause or permit the sale of tobacco products on or about the business premises of a cannabis business.

(i)

Onsite consumption of cannabis. No person shall consume cannabis or cannabis products on the business premises of a cannabis business. Notwithstanding the foregoing, a cannabis business permitted for retail storefront activity may allow a person to consume cannabis in a designated consumption area of its business premises. The cannabis business shall first obtain from the city manager to operate a consumption are and comply with all regulations promulgated by the city manager concerning the operation of consumption areas.

(j)

Temporary cannabis events. A cannabis business permitted for retail storefront activity may hold a temporary cannabis event at which the onsite sale and consumption of cannabis goods is authorized. The cannabis business shall comply with all regulations of the state licensing agencies and those promulgated by the city manager concerning temporary cannabis events.

(k)

Prevention of loitering or public disturbance. A cannabis business shall take reasonable steps to discourage persons on or around its business premises, including any parking areas under its control from engaging in illegal, criminal, or nuisance activities, including, but is not limited to, disturbances of the

peace, public intoxication, drinking alcoholic beverages, smoking or ingesting cannabis products, illegal drug activity, vandalism, obstruction of the operation of a another business, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, or any other behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, or businesses.

(l)

Access for city officials. A cannabis business shall provide immediate access to its business premises and all areas therein to employees or agents of the city performing their official duties.

(m)

The city manager or its designee may develop other operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare.

(n)

Cannabis growing, manufacturing and testing shall be in appealing and discreet facilities that do not openly advertise the presence of any cannabis products or operations on site and subject to city's design guidelines.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 9, 10-4-2021)

Sec. 19.27.150. - Cannabis business local hire requirements.

(a)

Within one year of the adoption of this chapter, the city manager shall establish a registry for city residents who are interested in employment opportunities at cannabis businesses in the city. The registry shall include the name, phone number and email address of each individual who registers.

(b)

A cannabis business shall make a good-faith effort to employ residents of the city for a minimum of 40 percent of total annual work hours performed at the business. The 40 percent requirement shall take effect one year after the cannabis business first obtains its permit and continue yearly thereafter. A cannabis business shall satisfy its obligation to make a good-faith effort by notifying all individuals on the city manager's registry of new employment opportunities and considering all qualified individuals on the registry for such opportunities.

(c)

A cannabis business shall not be considered in violation of this section if it fails to employ city residents for a minimum of 40 percent of total annual work hours performed if the cannabis business demonstrates to the city manager that it:

(1)

Notified all individuals on the registry of each employment opportunity available at the cannabis business; and,

(2)

An insufficient number of individuals on the registry applied for each employment opportunity or possessed the necessary experience or qualifications for each employment opportunity.

(Ord. No. 974-2021, § 1, 6-7-2021)

Sec. 19.27.160. - Cannabis business permit violations.

(a)

The city manager or its designee shall be responsible for monitoring cannabis businesses' compliance with the requirements of this Code and all other applicable laws. A cannabis business shall be subject to inspection, investigation or audit by the city manager or its agents during business hours, with no notice required, to determine compliance with this chapter.

(b)

If the city manager determines that a cannabis business in the city has violated the requirements of this Code or any other applicable law, including the terms of each cannabis business' development agreement, conditional use permit, and cannabis business permit, the city manager may issue the cannabis business a written notice of violation, which shall identify each violation, specify the facts underlying each violation, and specify any administrative penalty imposed for each violation.

(c)

The city manager may impose one or more of the following administrative penalties on a cannabis business for violation of this chapter or any other applicable law:

(1)

Suspension of permit;

(2)

Revocation of permit;

(3)

Imposition of more restrictive permit operating requirements;

(4)

Order to take corrective action.

(d)

The city manager shall determine an appropriate administrative penalty, if any, by considering factors, including, but limited to:

(1)

The extent of harm or potential harm caused by the violation;

(2)

The nature and persistence of the violation;

(3)

The length of time over which the violation occurs;

(4)

The history of past violations; and

(5)

Any mitigating evidence.

(e)

A cannabis business may appeal a notice of violation and any administrative penalty as pursuant to section 19.27.170 of this chapter.

(f)

A notice of violation shall be final and effective 30 days from issuance unless timely appealed pursuant to section 19.27.170 of this chapter.

(g)

The remedies provided in this section are in addition to the remedies and penalties available under this Code, and all other laws of this state.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 10, 10-4-2021)

Sec. 19.27.170. - Cannabis business permit appeal procedures.

(a)

This section shall govern the procedures for appealing a decision by the city manager pursuant to sections 19.27.100, 19.27.110 and 19.27.160 of this chapter. Any cannabis permitting decision made by the city council is final and not appealable.

(b)

An applicant or cannabis business may appeal a decision by the city manager pursuant to sections 19.27.100, 19.27.110 and 19.27.160 of this chapter within 30 days of the date on which the city manager mailed written notice of its decision to the applicant or cannabis business.

(c)

An applicant or cannabis business shall file its appeal in writing to the city manager. The appeal shall specify the decision being appealed and the basis for the appeal. Upon receipt of an appeal, the city manager shall transmit it to the city council.

(d)

Upon receipt of an appeal, the city manager shall have discretion to modify or reverse its decision being appealed based upon evidence or arguments presented by the applicant or cannabis business. The city manager shall also have the authority to enter into stipulated agreements concerning the appeal.

(e)

The city council shall hold a public hearing on the appeal no later than 90 days from the date the applicant or cannabis business filed the appeal with the city manager. At the public hearing, the applicant or cannabis business shall have a reasonable opportunity to present evidence and arguments concerning its appeal. The city council shall consider all appeals on a de novo basis.

(f)

No later than 30 days after the public hearing of the appeal, the city council shall decide to uphold, reverse or modify the city manager's decision. The city council's decision is final and effective upon issuance and is not appealable.

(g)

Any deadline under this section may be extended upon the mutual agreement of the applicant and the city council.

(h)

Calculation of time. Unless otherwise specified, when the final day for the filing of an appeal or holding a public hearing falls on a Saturday, Sunday or city holiday, the time for filing or holding the hearing shall be extended to the close of the next business day, and the effective or final date of any action, decision or determination shall be extended by the same amount of time.

(Ord. No. 974-2021, § 1, 6-7-2021; Ord. No. 977-2021, § 10, 10-4-2021; Ord. No. 977-2021, § 11, 10-42021)

CHAPTER 19.28. - VARIANCES

Sec. 19.28.010. - Purpose.

(a)

When, because of special circumstances applicable to property, including size, shaped topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the commission upon verified application by a property owner, agent, or by a lessee shall initiate proceedings for the granting of a variance from the provisions of this title under such conditions as may be deemed necessary to ensure that the intent and purpose of this title and the General Plan upon which it is based will be observed; and that the health, safety, and public welfare be secured; that substantial justice be done, not only to the applicant, but to the applicant who might be affected by the variance.

(b)

A variance shall not be construed as an amendment to this title or cause the maps which are part of this title to be changed.

(c)

Variances may not be granted to allow for nonpermitted land uses.

(Ord. No. 934-2015, § 19.28.010, 7-20-2015)

Sec. 19.28.020. - Filing of application.

(a)

Application for variances shall be made to the commission in writing on forms approved by the commission for this purpose.

(b)

(1)

All applications must be determined to be complete by the planning department prior to being set for public hearing.

(2)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(c)

The commission may, along with the submittal of an application for variance, require the following materials:

(1)

Site plan to scale, showing parcel dimensions, distance and bearings, all existing and proposed structures, and off-street parking locations;

(2)

Elevations to scale, showing typical unit or units, balconies, porches and overhangs;

(3)

Topography maps;

(4)

Landscaping plans.

(d)

The commission shall cause to be made such investigation of facts bearing on the application for variance as will provide necessary information to ensure that the action on each application is consistent with the intent and purpose of this title.

(e)

In cases where the authorized planning personnel find the conditions set forth on the application are not within the scope of the variance procedure, the applicant shall be so informed. Whereupon, if the application is submitted, it shall be signed by the applicant to the effect that he was so informed.

(Ord. No. 934-2015, § 19.28.020, 7-20-2015)

Sec. 19.28.030. - Conditions for granting.

The applicant shall set forth in detail on forms provided by the commission the reasons for the requested variance, show thereon how the conditions set forth in this section are satisfied, and all other information as may be required by the commission. The commission, before it may grant a variance, must make a finding in writing that, on the evidence presented, all of the following conditions exist in reference to the property being considered:

(1)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same district classification and neighborhood;

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district classification and neighborhood;

(3)

That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the district classification and neighbor-hood in which the property is located; and

(4)

That the granting of the variance will not be contrary to the objectives of the General Plan.

(Ord. No. 934-2015, § 19.28.030, 7-20-2015)

Sec. 19.28.040. - Voiding.

Each variance granted under the provisions of this chapter shall become null and void 12 months after the date of action approving such variance unless:

(1)

The construction authorized by such variance permit has commenced within 12 months after granting of the variance and diligently advanced to completion;

(2)

The occupancy of land or buildings authorized by the variance has taken place within 12 months after granting the variance;

(3)

The decision approving a variance contains in its findings and conditions specific authority for extending the time limit herein; or

(4)

Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limits established herein, the commission may grant, upon written request from the property owner, applicant, or representative, one extension of time, not to exceed 12 months.

(Ord. No. 934-2015, § 19.28.040, 7-20-2015)

Sec. 19.28.050. - Conditions of approval.

For conditions of approval, see chapter 19.36.

(Ord. No. 934-2015, § 19.28.050, 7-20-2015)

Sec. 19.28.060. - Publication, mailing of notices.

For publication and mailing of notices, see chapter 19.40.

(Ord. No. 934-2015, § 19.28.060, 7-20-2015)

Sec. 19.28.070. - Commission hearings.

For commission hearings see section 19.42.010.

(Ord. No. 934-2015, § 19.28.070, 7-20-2015)

Sec. 19.28.080. - Notice of decisions.

For notice of decisions, see section 19.42.020.

(Ord. No. 934-2015, § 19.28.080, 7-20-2015) Sec. 19.28.090. - Refiling time limit. For refiling time limit, see section 19.42.030.

(Ord. No. 934-2015, § 19.28.090, 7-20-2015) Sec. 19.28.100. - Appeals. For appeals, see chapter 19.44.

(Ord. No. 934-2015, § 19.28.100, 7-20-2015)

CHAPTER 19.30. - CONDITIONAL USES

Sec. 19.30.010. - Purpose.

The intent of this chapter is to provide for certain uses in the several land use districts of this title subject to the issuance of a conditional use permit. The commission may, in accordance with the several provisions set forth in this chapter, grant a conditional use permit for uses listed herein when it is found that the

proposed development will meet the requirements of the General Plan and the several chapters of this title. Special consideration given for conditional uses involves, among other things, the size of the area required for the proper development of certain uses, the nature of traffic generated by the operation of such uses, and the effect which such uses may have on adjoining land uses or on the growth or development of the community as a whole. In granting a conditional use permit, the commission may recommend and require such conditions as it may determine necessary in order to safeguard and protect the public health, safety and general welfare and to ensure that such development permitted will be completed in accordance with the plans and an orderly developmental period which the commission may determine.

(Ord. No. 934-2015, § 19.30.010, 7-20-2015)

Sec. 19.30.020. - Conditions required for permit and site approval.

The applicant shall set forth in detail, on forms provided by the commission, the reasons for the requested conditional use permit citing that the intended use is authorized by this chapter. The commission may approve a request, provided the commission makes a finding that all of the following conditions exist:

(1)

That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this title.

(2)

That the use is necessary or desirable for the development of the community and is not detrimental to existing uses or uses specifically permitted in the district classification as per this title.

(3)

That the site for the intended use is adequate in size and shape to accommodate the use and that all of the yards, setbacks, walls or fences, landscaping, and other features required in order to adjust the use to existing uses or possible future uses on adjoining land in the neighborhood be compatible with one another.

(4)

That the site for the proposed use conforms to streets and highways properly designed and improved so as to carry the type and quantity of traffic generated or to be generated by the proposed use.

(5)

City sewer service shall not be provided to any parcel not meeting the requirements of this chapter.

(Ord. No. 934-2015, § 19.30.020, 7-20-2015)

Sec. 19.30.030. - Uses permitted with a conditional use permit.

Notwithstanding the uses or conditional uses permitted in the several land use districts of this title, the following, additional uses may be permitted in any district classification (except as noted) subject to the provisions of this chapter:

(1)

Airports and heliports, public or private.

(2)

Churches and other religious institutions, tent revivals, rescue missions and enterprises involving large assemblages of people, or automobiles, including planned amusement parks, fairgrounds, race track, open air theater, picnic grounds, recreational or sports centers, baseball and football arenas.

(3)

Cemeteries, mausoleums, crematories, columbariums, and other uses customarily incidental to these permitted uses.

(4)

Hospitals and emergency care facilities, provided that one loading space per 30,000 square feet of gross floor area is provided up to a maximum of four.

(5)

Institutions for the care of the aged, or for the care and cure of mental, drug and alcohol related addictions.

(6)

Educational facilities, libraries, museums and art galleries.

(7)

Playgrounds, parks, community center, and governmental or public buildings.

(8)

Radio and television transmitter or towers.

(9)

Rifle, pistol, trap or skeet range (limited to the DU, HS, C and I districts).

(10)

Public utilities and public service uses or structures such as reservoirs, pumping plants, electrical substations, filtration plants, sewer plants, communication substations, microwave stations and towers.

(11)

Golf courses and driving ranges in conjunction with a golf course.

(12)

Condominium conversions.

(13)

Except where permitted elsewhere in this title, the development of natural resources together with necessary buildings, apparatus, or appurtenances incidental thereto.

(14)

Other special or unusual uses for which no provision is made in this title or which provide an unusual combination of uses on a large scale as determined by the planning commission.

(15)

Auction yards.

(16)

Recreational trailer parks and campgrounds.

(Ord. No. 934-2015, § 19.30.030, 7-20-2015)

Sec. 19.30.040. - Use permit application.

(a)

The planning commission shall fix the form and extent of information required for a use permit application. All applications must be determined to be complete by the planning department prior to being set for public hearing.

(b)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(c)

An application form provided by the planning department plus a fee as determined by resolution of the city council shall be required of all applicants. In addition, any or all of the following materials may be required of the applicant:

(1)

Site plan to scale:

a.

Parcel dimensions;

b.

All existing and proposed buildings and structures, location and number of units on the property and existing development on abutting properties;

c.

Off-street parking; location and number of spaces, dimensions of parking areas, circulation and wheel guards;

d.

Vehicular and pedestrian ways with grades, widths and types of improvements, access points providing ingress to and egress from the site; service points;

e.

Topography; surface drainage conditions and outlets;

f.

Existing and proposed utilities, poles and hydrants;

g.

Street dedications and improvements;

(2)

Elevations to scale of all structures including architectural type, overhang, openings, balconies, decks and signs (in the case of existing structures and provided that no exterior elevation changes are proposed, photographs of each side of the structures may be submitted in lieu of elevations);

(3)

Typical unit or units;

(4)

Floor plans may be required for building and safety, and fire prevention review.

(d)

Procedure. No application shall be reviewed by the planning commission or accepted by the staff until the materials requested of the applicant are presented.

(e)

Applications submitted without the required submittals shall be deemed incomplete and, pursuant to the Permit Streamlining Act, a notice shall be sent to the applicant within 30 days of submittal indicating why the submittal is incomplete.

(Ord. No. 934-2015, § 19.30.040, 7-20-2015)

Sec. 19.30.050. - Enforcement of conditions of approval.

Failure to comply with the approved conditions of approval shall be considered a violation of this chapter and therefore shall result in the issuance of administrative citations as identified under chapter 6.30. The city planner or his designee may set the conditional use permit approval for review hearing before the planning commission for consideration of modification, discontinuance or revocation after the issuance of the third administrative citation.

(Ord. No. 934-2015, § 19.30.050, 7-20-2015)

Sec. 19.30.060. - Revocation or voiding of a conditional use permit.

(a)

Each conditional use permit granted under the provisions of this chapter shall contain in its findings and conditions of approval specific instructions as to the length of time for authorized construction or establishment of use. When construction or establishment of use has not been diligently advanced to completion or occupancy of the buildings or land within six months of issuance, the permit shall become null and void.

(b)

When an applicant submits a master plan of development or use and it is approved, and such ultimate development or uses will be completed over a number of years, the commission shall require the following:

(1)

Time limit for construction or use of first buildings or areas to be utilized;

(2)

At the time of construction or use of facilities proposed as future development on the approved master plan of development, the commission will require submittal of plans for the proposed development for plan review by the city planner or his designee. If proposed construction or use is substantially the same as indicated on the approved master plan of ultimate development the city planner may permit the proposed construction or use without a further public hearing.

(3)

If the time for construction between phases exceeds five years, a subsequent conditional use permit shall be submitted to and approved by the planning commission.

(c)

A conditional use permit shall become null and void if an approved use is discontinued for a period of 12 months or longer.

(d)

Notwithstanding any other provisions of this Code to the contrary, the city planner or planning commission may require modifications, discontinuances or revocation of any conditional use permit approval if it is found that the conditional use permit approval as operated or maintained:

(1)

Jeopardizes or adversely affects the public health, peace, or safety of persons residing or working on the premises or surrounding area; or

(2)

Constitutes a public nuisance;

(3)

Has resulted in repeated nuisance activities, including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially after 11:00 p.m. or before 8:00 a.m.), traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

(4)

Adversely impacts nearby uses;

(5)

Violates any provisions of this chapter, or any other city, state, or federal regulation, ordinance, or statute;

(6)

Violates any condition imposed by a prior discretionary land use approval including approvals granted pursuant to this chapter or this title; or an approval initiated by applicants of a property owner or owner's representative related to the use of land including, but not limited to, parcel map, tentative tract map, development agreement, etc. pursuant to a moratorium or an interim control ordinance; or

(7)

Information contained on the application is false or incorrect at the time of the submittal.

(e)

Procedures. The planning division shall give notice to the record owners and lessees of the real property affected to appear at a review hearing at a time and place fixed by the city planner or his designee, at a time and place fixed by the city planner or his designee and show cause before the planning commission why the conditional use permit approval should not be modified, discontinued or revoked. Upon the conclusion of the review hearing, the planning commission may request the city planner or his designee to set a public hearing for modification, discontinuance or revocation of the conditional use permit approval.

(1)

Hearing notice. The planning division shall give notice of such review hearing to the property owner or lessee not less than 15 days prior to the proposed review hearing. Said notice shall indicate the reasons why the conditional use permit is being considered for modification, discontinuance or revocation. Public hearings requested by the planning commission as a result of a review hearing shall be noticed pursuant to chapter 19.40.

(2)

Hearing and decision.

a.

The matter may be set for public hearing before the planning commission. After the conclusion of the public hearing, the planning commission may require the modifications, discontinuance or revocation of the conditional use permit. As part of the action, the planning commission may impose conditions of operations as they deem appropriate, including those necessary to protect the best interest of the surrounding properties or neighborhood; to eliminate, lessen, or prevent any detrimental effect on the surrounding properties or neighborhood; or to ensure compliance with other applicable provisions of law or conditions of an earlier discretionary approval. Conditions imposed may include the establishment of amortization schedules, the closure or removal of buildings or structures, and affect the establishment, maintenance, or operation of the subject use, and related land uses, buildings, or structures.

b.

Any determination shall be supported by written findings, including a finding that the planning commission's determination does not impair the constitutional rights of any person. The written determination shall also state that failure to comply with any or all conditions imposed may result in the issuance of an order to discontinue or revoke the conditional use permit approval. The planning commission may require the discontinuance or revocation of a conditional use permit only upon finding that:

1.

Prior government efforts to cause the owner or operator to eliminate the problems associated with the conditional use permit approval have failed (examples include formal action, such as citations, orders or hearings by the police department, fire department, building and safety division, planning division, code compliance division, the city planning commission, or any other governmental agency); and

2.

The owner or operator has failed to demonstrate, to the satisfaction of the planning commission, the willingness or ability to eliminate the problems associated with the conditional use permit approval.

(3)

Any modification, discontinuance or revocation shall be adopted by resolution.

(f)

Appeals. The planning commission's action to modify, discontinue or revoke a conditional use permit approval may be appealed pursuant to chapter 19.44.

(Ord. No. 934-2015, § 19.30.060, 7-20-2015)

Sec. 19.30.070. - Revisions, modifications and extensions.

Revisions or modifications of conditional use permits can be requested by the applicant.

(1)

Revisions/modifications by applicant.

a.

Major revisions. A major revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensification, location or hours of operation, may be requested by the applicant. Such request shall be processed through application of a new conditional use permit, pursuant to the provisions contained in this section. The applicant shall supply necessary information as determined by the city, to indicate reasons for the requested change.

b.

Minor revisions. A revision or modification to an approved conditional use permit such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the

use or intensity of the site, may be acted on by the planning director through the administrative review without notice procedure, pursuant to section 19.30.110(2). The applicant shall supply necessary information as determined by the planning director to indicate reasons for the requested change.

(2)

Review by planning commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If, after review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.

(3)

Modification or revocation by the planning commission.

a.

After setting a date for public hearing, the planning director, or his designee, shall notify the applicant and owners of the conditional use permit in question. Such notice shall be sent by certified mail and shall state that the commission will be reviewing the conditional use permit for possible modification or revocation. It shall also state the date, time and place of hearing. The public hearing shall be conducted and notice given in accordance with chapter 19.40.

b.

The planning director, or his designee, shall fully investigate the evidence and prepare a report for the commission's consideration. Upon conclusion of the public hearing, the commission shall render a decision to do one of the following measures:

1.

Find that the conditional use permit is being conducted in an appropriate manner and that no action to modify or revoke is necessary;

2.

Find that the conditional use permit is not being conducted in an appropriate manner and that modifications to conditions are necessary; or

3.

Find that the conditional use permit is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revoke the permit which requires the operation to cease and desist in the time allotted by the commission.

c.

If the planning commission either modifies or revokes a conditional use permit, then they shall state reasons for such action within the resolution.

(4)

Extensions may be approved by the economic development and planning manager, or his designee, upon receiving a written request from the property owner, applicant, or representative. The request shall explain the reasons and necessity for granting the extension. An extension may be granted for up to one year. Subsequent extensions may be requested provided that the extensions total no more than two years.

(5)

New applications following denial or revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use or the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. No. 934-2015, § 19.30.070, 7-20-2015)

Sec. 19.30.080. - Publication, mailing of notices.

For publication and mailing of notices, see chapter 19.40.

(Ord. No. 934-2015, § 19.30.080, 7-20-2015)

Sec. 19.30.090. - Commission hearings.

For commission hearings, see section 19.42.010.

(Ord. No. 934-2015, § 19.30.090, 7-20-2015)

Sec. 19.30.100. - Appeals.

For appeals, see chapter 19.44.

(Ord. No. 934-2015, § 19.30.100, 7-20-2015)

Sec. 19.30.110. - Development review procedures.

Land use applications will be reviewed and approved in accordance with two basic procedures:

(1)

Noticed public hearing by the planning commission, in which the planning commission hears public testimony for and against the land use proposal, reviews evidence and renders its decision;

(2)

Administrative review without notice, used when land use decisions made by the reviewing authority are based upon standards that have been adopted by the city as law or policy, and the reviewing authority is allowed to render a decision without giving notice to surrounding property owners and other parties. The reviewing authority shall be the economic development and planning division.

(Ord. No. 934-2015, § 19.30.110, 7-20-2015)

Each conditional use permit lawfully existing at the time of adoption of the ordinance amending this section and those conditional use permits granted in compliance with the provisions of this chapter shall remain in effect for the effective life of the business service, or use authorized by such permit, subject to any conditions of approval or operating standards imposed by the planning commission or city council. Such permit shall remain in effect upon a change of business or property ownership. To allow for minor deviations in operating standards and conditions, the development services director may make an administrative determination that a use is in substantial compliance with an approved conditional use permit.

(Ord. No. 934-2015, § 19.30.120, 7-20-2015)

CHAPTER 19.32. - ZONING AND ZONING ORDINANCE AMENDMENTS

(a)

A zoning ordinance amendment to this title or zoned district classification change on the zoning ordinance map may, in accordance with the procedures set forth in this chapter, be made whenever the public necessity, general welfare, consistency with the General Plan, or good planning practice justifies such action.

(b)

A proceeding for a rezoning or amendment to the text of the zoning ordinance may be initiated:

(1)

By the council through the adoption of a motion, describing the proposed zoning ordinance amendment or zoned district classification change and directing the commission, to hold a public hearing thereon;

(2)

By the commission on its own through the adoption of a motion by at least three of the authorized number of the commission; or

(3)

By the filing with the commission of a zoning district classification change application.

(Ord. No. 934-2015, § 19.32.010, 7-20-2015)

An application for a zoning ordinance amendment or zoned district change (rezoning) shall be made to the commission in writing on forms for such action; furthermore:

(1)

a.

All applications must be determined to be complete by the planning department prior to being set for public hearing.

b.

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(2)

The commission shall cause to be made such investigation of facts bearing on the application that will provide the necessary information to ensure that the action requested on each application is consistent with the intent and purposes of this title.

(Ord. No. 934-2015, § 19.32.020, 7-20-2015)

Sec. 19.32.030. - Commission findings.

(a)

The commission shall make a finding and determine if the proposed zoning ordinance or zoned district classification change is in conformance with the land use designation, policies, and standards of the General Plan.

(b)

No zoning ordinance amendments or zoned district change shall be heard by the commission, nor any application filed unless such change is consistent with the adopted land use element of the General Plan. If an application for a zoning ordinance amendment or zoned district change is not consistent with the General Plan as determined by the director of community development, the applicant shall first file an application for a General Plan amendment, subject to the provisions of chapter 19.34 in order that such consistency would be achieved if the zoning ordinance amendment or zoned district change were to be approved by commission action.

(Ord. No. 934-2015, § 19.32.030, 7-20-2015)

Sec. 19.32.040. - Publication, mailing of notices.

For publication and mailing of notices, see chapter 19.40.

(Ord. No. 934-2015, § 19.32.040, 7-20-2015)

Sec. 19.32.050. - Commission hearings.

For commission hearings, see section 19.42.010.

(Ord. No. 934-2015, § 19.32.050, 7-20-2015)

Sec. 19.32.060. - Commission action.

Any recommendation by the commission for a zoning ordinance amendment or zoned district reclassification shall require the affirmative vote of not less than a majority of the total voting members of the commission.

(Ord. No. 934-2015, § 19.32.060, 7-20-2015)

Sec. 19.32.070. - Commission decisions.

For commission decisions, see section 19.42.020.

(Ord. No. 934-2015, § 19.32.070, 7-20-2015)

Sec. 19.32.080. - Council action.

(a)

If the commission recommends the approval or denial of the proposed change or amendment, or any portion thereof, it shall transmit the application, together with its report and recommendations to the council for its action.

(b)

Upon receipt of the application, together with the commission's report and recommendations relative thereto, the council may:

(1)

Confirm the recommendations of the commission for change or amendment;

(2)

Conduct a public hearing and accept or reject the proposed change or amendment; or

(3)

If the council does not agree with, or modifies part of the commission's recommendation, it shall refer the matter back to the commission for a report on the parts in question. Failure of the planning commission to report within 40 days after the reference, or such longer period as the council may designate, shall be deemed to be approval of the proposed modification.

(Ord. No. 934-2015, § 19.32.080, 7-20-2015)

Sec. 19.32.090. - Refiling time limit.

For refiling time limit, see section 19.42.030.

(Ord. No. 934-2015, § 19.32.090, 7-20-2015)

Sec. 19.32.100. - Appeals.

For appeals, see chapter 19.44.

(Ord. No. 934-2015, § 19.32.100, 7-20-2015)

CHAPTER 19.34. - GENERAL PLAN AMENDMENTS

(a)

An amendment to any element of the General Plan may, in accordance with the procedures set forth in this chapter, be made whenever the public necessity, general welfare, changing urban socio-economic development, or good planning practice justifies such action.

(b)

A proceeding for a General Plan amendment may be initiated:

(1)

By the council through the adoption of a motion, describing the General Plan element affected and the nature of the amendment proposed, directing the commission to hold a public hearing thereon;

(2)

By the commission on its own through the adoption of a motion describing the General Plan element affected and the nature of the amendment proposed by at least three of the authorized number of the commission; or

(3)

By filing with the commission a General Plan amendment application.

(Ord. No. 934-2015, § 19.34.010, 7-20-2015)

Sec. 19.34.020. - Initial request by applicant.

(a)

Prior to the filing of an application for an amendment to any element of the General Plan, the applicant shall forward a letter, together with applicable fees, to the planning department with the following information:

(1)

Specific General Plan element to be changed;

(2)

Nature of the change for the specific element;

(3)

Reason for the General Plan change;

(4)

Area of land involved in change and location;

(5)

Signature of applicant and date of request,

(b)

The planning commission shall, by majority vote, and within 40 days after receipt of the letter requesting change, either approve the request in principle or deny the request in principle. Approval or denial in principle does not constitute approval of a General Plan amendment, but only determines if further action shall be taken on the request.

(Ord. No. 934-2015, § 19.34.020, 7-20-2015)

Sec. 19.34.030. - Filing procedure.

If an applicant has received an approval, in principle, by the planning commission on a General Plan amendment, he may within 40 days file an application for a General Plan amendment,

(1)

Applications submitted shall be set for public hearing on the nearest General Plan amendment commission hearing listed in section 19.34.040, excepting those applications that are received less than 30 days from the next regularly scheduled General Plan amendment hearing, in which case they shall be heard at the following regularly scheduled General Plan amendment hearing.

(2)

The commission shall cause to be made such investigation of facts bearing on the application that will provide necessary information to ensure that the action on each application is consistent with the intent and purposes of this title.

(Ord. No. 934-2015, § 19.34.030, 7-20-2015)

(a)

All General Plan amendments shall be processed in accordance with the Government Code.

(b)

All applications must be determined to be complete by the planning department prior to being set for public hearing.

(c)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(Ord. No. 934-2015, § 19.34.040, 7-20-2015)

Sec. 19.34.050. - Publication, mailing of notices.

For publication and mailing of notices, see chapter 19.40.

(Ord. No. 934-2015, § 19.34.050, 7-20-2015)

Sec. 19.34.060. - Commission hearings.

For commission hearings, see section 19.42.010 and Government Code § 65353.

(Ord. No. 934-2015, § 19.34.060, 7-20-2015)

Sec. 19.34.070. - Commission action.

Any recommendation by the commission for a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the commission.

(Ord. No. 934-2015, § 19.34.070, 7-20-2015)

Sec. 19.34.080. - Council action.

(a)

When the commission recommends the approval or denial of the proposed General Plan amendment, it shall transmit the application, together with its report and recommendations to the council for its action.

(b)

(1)

All General Plan amendments shall be processed in accordance with the Government Code.

(2)

Pursuant to Government Code § 65355, the council shall conduct at least one public hearing.

(3)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(c)

The council may, upon receipt of the application and report and recommendations of the commission:

(1)

Approve the General Plan amendment;

(2)

Deny the General Plan amendment;

(3)

Modify the action proposed for a General Plan amendment, in which case it shall be referred back to the planning commission for its report and recommendation on such modification.

(d)

Pursuant to Government Code § 65355, the council must have at least one public hearing prior to approving a General Plan amendment.

(Ord. No. 934-2015, § 19.34.080, 7-20-2015)

Sec. 19.34.090. - Refiling time limit.

For refiling time limit, see section 19.42.030.

(Ord. No. 934-2015, § 19.34.090, 7-20-2015)

Sec. 19.34.100. - Appeals.

For appeals, see chapter 19.44.

(Ord. No. 934-2015, § 19.34.100, 7-20-2015)

CHAPTER 19.36. - APPROVAL CONDITIONS

Sec. 19.36.010. - Designation.

The commission in approving variances, conditional use permits, site approvals or planned unit developments may designate such lawful conditions in connection therewith as will, in its opinion, secure substantial protection for the public health, safety, comfort, convenience and general welfare.

(Ord. No. 934-2015, § 19.36.010, 7-20-2015)

Sec. 19.36.020. - Designated.

Approval conditions may include but shall not be limited to the following:

(1)

Special setbacks, yards, open spaces and buffers.

(2)

Fences and walls.

(3)

Lighting.

(4)

Requiring street dedications and street improvement (or the posting of bonds or other financial mechanism as approved by the city engineer) to conform to the master plan of streets and highways or future street development, including service roads and alleys when necessary.

(5)

Regulation of points of vehicular ingress and egress.

(6)

Regulation of permitted signs.

(7)

Regulation of time of certain activities.

(8)

Requiring landscaping and maintenance thereof.

(9)

Requiring maintenance of grounds.

(10)

Regulation of noise, vibration, odors, dust and other nuisances.

(11)

Time period within which proposed use shall be developed and minimum size of structure for first stage of development

(12)

A request for a detailed plan for purpose of review, the site plan to be submitted by the applicant.

(13)

Regulation of type of architecture.

(14)

Regulation of height of buildings.

(15)

Regulation and requirement for easements.

(16)

Special site improvements.

(Ord. No. 934-2015, § 19.36.020, 7-20-2015)

The commission may require that the applicant agree in writing to fulfill the required conditions as set forth herein and post within the city a faithful performance bond in an amount equal to the estimated cost of improvements plus ten percent. This bond may be furnished by a qualified surety company satisfactory to the finance director, except in cases where a cash deposit is accepted.

(Ord. No. 934-2015, § 19.36.030, 7-20-2015)

CHAPTER 19.38. - NONCONFORMING USES

(a)

A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this chapter or any prior nonconforming use ordinances of this city but which, under this title, does not conform with the use regulations for the district in which it is located. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their re-establishment after alteration of the structure they occupy and their restoration after destruction. Eventually nonconforming uses are to be eliminated.

(b)

A nonconforming structure is a structure which was lawfully erected prior to the adoption of the ordinance codified in this title or any prior nonconforming use ordinance of this city, but which, under this title, does not conform with the standards of coverage, yard spaces, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase any discrepancy between existing conditions and the standards prescribed in this title and by prohibiting their restoration after destruction. Eventually all nonconforming structures of nominal value are to be eliminated or altered to conform.

(Ord. No. 934-2015, § 19.38.010, 7-20-2015)

Sec. 19.38.020. - Continuation and maintenance.

(a)

A use lawfully occupying a structure or a site on the effective date of the ordinance codified in this title or of amendments thereto which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.

(b)

A structure lawfully occupying a site on the effective date of the ordinance codified in this title or of amendments thereto which does not conform with the standards of coverage, front yard, side yards, rear yards, height of structures or distances between structures and/or other or additional development standards prescribed in the regulations for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this chapter. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure.

(Ord. No. 934-2015, § 19.38.020, 7-20-2015)

Sec. 19.38.030. - Alterations and additions; uses.

(a)

No structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.

(b)

No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on the effective date of any ordinance codified in this title or of the amendment thereto which caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

(Ord. No. 934-2015, § 19.38.030, 7-20-2015)

Sec. 19.38.040. - Alterations and additions; structures.

No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase any discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located.

(Ord. No. 934-2015, § 19.38.040, 7-20-2015)

Sec. 19.38.050. - Changes of use.

If no alterations are made, a nonconforming use of a building or site may be changed to permit a similar or more restrictive type nonconforming use, subject to the provisions of chapter 19.30 (conditional uses).

(Ord. No. 934-2015, § 19.38.050, 7-20-2015)

Any cessation of or abandonment of use for a period of six months or more shall require termination of such nonconforming use. Such cessation or abandonment shall be determined by factors, specifically including but not limited to the following:

(1)

Lapse of business license.

(2)

Field observance by inspection personnel regarding any use of the premises.

(3)

The physical condition of the premises.

(4)

Lack of utilities.

(5)

Building official determines the structure unsafe or uninhabitable.

(6)

Any other objective facts evidencing an abandonment or cessation of use.

(Ord. No. 934-2015, § 19.38.060, 7-20-2015)

Sec. 19.38.070. - Restoration of a damaged structure.

The restoration of a nonconforming building that is damaged or partially destroyed by fire, explosion, act of God, or of the public enemy to the extent of 50 percent or less shall be permitted; provided, that such restoration is permitted by the building code of the city and is started within one year and diligently pursued to completion. A nonconforming building that is damaged in excess of 50 percent of the building valuation shall not be restored except in full conformity with all the regulations of this title. The proportion of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the building to its prior condition and to the estimated cost of duplicating the entire structure as it existed prior thereto.

(Ord. No. 934-2015, § 19.38.070, 7-20-2015)

Sec. 19.38.080. - Nonconforming buildings—Changes.

Except as otherwise provided by this title, no nonconforming building shall be enlarged, remodeled or structurally altered unless the entire building is so changed as to be conforming.

(Ord. No. 934-2015, § 19.38.080, 7-20-2015)

Sec. 19.38.090. - Same—Nonresidential alterations.

Any nonresidential use in an appropriate district which is nonconforming only with respect to a deficiency in yard dimensions or in parking spaces may be structurally altered or enlarged; provided, that any addition or enlargement shall itself be fully conforming.

(Ord. No. 934-2015, § 19.38.090, 7-20-2015)

Sec. 19.38.100. - Same—Dwelling alterations.

A dwelling in any residential district which is nonconforming only with respect to a deficiency in yard dimensions or in parking spaces may be structurally altered or enlarged; provided, that any addition or enlargement shall itself be fully conforming and that the number of dwelling units in the structure shall not be increased.

(Ord. No. 934-2015, § 19.38.100, 7-20-2015)

Ordinary maintenance and minor repair of a nonconforming building (excluding structural remodeling) is permitted.

(Ord. No. 934-2015, § 19.38.110, 7-20-2015)

Sec. 19.38.120. - Annexation of nonconforming uses/structures.

All property which contains nonconforming uses/structures which are annexed to the city after the effective date of the ordinance codified in this chapter shall be subject to all provisions as listed in this chapter. Any additions or alterations to such nonconforming uses or structures shall comply with section 19.38.040.

(Ord. No. 934-2015, § 19.38.120, 7-20-2015)

Sec. 19.38.130. - Nonconforming signs.

(a)

All signs located upon a site which no longer advertise an existing business conducted or product sold on the premises or any signs located upon a site where the business has been discontinued or abandoned for a period of six months shall be considered nonconforming. Said sign copy shall be removed or caused to be removed by the owner of the site within 30 days of discontinuance of the business advertised thereon and/or notification by the city. Any site containing nonconforming signs may not be expanded, altered or enlarged until such time as the nonconforming signs have been removed or reconstructed so as to bring them into conformity.

(b)

Antique, vintage or locally significant signs may remain provided they are structurally sound and pose no safety concerns and are maintained in a good quality condition. Should an antique, vintage or locally

significant sign be removed, it is encouraged that the owner to contact a local museum or collector in lieu of destroying and/or disposing of the sign.

(Ord. No. 934-2015, § 19.38.130, 7-20-2015)

CHAPTER 19.40. - NOTICES

Sec. 19.40.010. - Publication; mailings.

(a)

General projects. Publication and mailing of notices for public hearings as required in the several chapters of this title shall be required as follows using combination of no less than two of the following methods as required by state law.

(1)

Notice shall be published in a newspaper of general circulation not less than ten days prior to the date set for the hearing.

(2)

Notices shall be mailed not less than ten days prior to the date of the hearing to owners of property within a radius of 300 feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of owners shown on the latest tax roll of San Bernardino County.

(3)

Notice shall be posted at least ten days prior to the date of the hearing within a radius of 300 feet of the property described in the application, and not less than three such notices shall be posted for any required public hearing.

(b)

Citywide projects. Publication and mailing of notices for public hearings for citywide projects, including but not limited to ordinance amendments, shall be required as follows:

(1)

Notice shall be published in a newspaper of general circulation not less than ten days prior to the date set for the hearing.

(2)

Notices shall be mailed not less than ten days prior to the date of the hearing to persons who file a written request for notice.

(c)

Notices for land use matters (excluding subdivisions) shall be subject to California Government Code §§ 65355, 65853, 65854, 65858, 65867, 65090, 65091, 65092, 65094, and 65905.

(Ord. No. 934-2015, § 19.40.010, 7-20-2015)