Chapter 17.10 — AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS

The purpose of this Chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households in accordance with Government Code Sections 65915—65918 (i.e., State density bonus law). In enacting this Chapter, it is the intent of the City to facilitate

the development of affordable housing and to implement the goals, objectives and policies of the Housing Element of the City's General Plan.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

All terms used in this Chapter, shall have the meanings established by this Development Code or as superseded by State density bonus law.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

The City shall grant a density bonus and/or incentives or concessions, waivers or reductions of development standards, and/or parking ratios as described in State density bonus law to a qualifying project pursuant to State density bonus law. The provisions of this Chapter shall be administered by the Community Development Department consistent with Chapter 17.02 (Administration and Enforcement).

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.10.040 - Types of incentives allowed.

A.

Types of Incentives. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes the findings required by Government Code Section 65915(d)(1):

1.

A reduction in site development standards or a modification of the requirements of this Development Code, which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. These may include, but are not limited to, one or more of the following:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum lot setbacks.

c.

Reduced minimum outdoor and/or private outdoor open space.

d.

Increased maximum lot coverage.

e.

Increased maximum building height.

f.

Reduced on-site parking standards.

g.

Reduced minimum building separation requirements.

h.

Other site or construction conditions applicable to a residential development.

2.

Mixed use zoning to allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone. Approval of mixed-use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development and is consistent with the General Plan.

3.

Another regulatory incentive or concession proposed by the applicant and agreed to by the City, that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include direct financial aid (e.g., redevelopment set-aside, Community Development Block Grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on or off-site improvements, land, or construction costs.

4.

A density bonus of more than that allowed under State density bonus law.

5.

Waived, reduced or deferred plan check, construction permit and/or development impact fees (e.g., capital facilities, park, traffic, etc.).

B.

Additional Incentives. The approval of an additional incentive or incentives above that allowed by State density bonus law shall be determined on a case-by-case basis by the City's review authority.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.10.050 - Requirements for density bonus projects.

A.

The entry into and execution of the density bonus housing agreement shall be a condition of any application for a housing development proposed pursuant to this Chapter (see Section 17.10.080). The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.

B.

Target units shall remain restricted and affordable to the designated group for a period of 55 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.

C.

An applicant shall agree that the initial occupants of the moderate-income units in the condominium project or in the planned development are persons and families of moderate income, as defined in Health and Safety Code Section 50093. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e), that promote homeownership. For purposes of

this subsection, the City's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale.

D.

The owner shall submit annually, and within 30 days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.

E.

The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.

F.

The owner shall provide to the City any additional information required by the City to ensure the long-term affordability of the target units by eligible households.

G.

The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

H.

The City may establish fees associated with the setting up and monitoring of target units.

I.

All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

A.

Target units shall be constructed concurrently with non-restricted units unless both the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

B.

Target units shall be built on-site wherever possible and when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the non-target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. All housing developments shall comply with all applicable development standards, except those standards, which may be modified as provided by this Chapter. Deviations from these provisions may only be permitted as part of an approved density bonus housing agreement.

C.

Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single housing development for purposes of this Chapter. Under these circumstances, the applicant shall be subject to the same requirements of this Chapter for the target units to be provided on the alternative site.

D.

Upon request of the developer of a housing development qualifying for a density bonus pursuant to this Chapter, the City shall permit vehicular parking ratios, inclusive of handicapped and guest parking.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

An application for a density bonus housing agreement pursuant to this Chapter shall be processed as part of the application for a housing development.

An applicant proposing a housing development pursuant to this Chapter shall submit an application for a density bonus housing agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre-application or a formal application, shall be provided on the City's application form and include a brief description of the proposed housing development, including the total number of units, target units, density bonus units proposed, and any incentives or waivers being requested.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.10.080 - Density bonus housing agreement.

A.

A legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this Chapter and State density bonus law are satisfied, shall be executed. This density bonus housing agreement (the "agreement") shall be reviewed and approved by the Community Development Director and the City Attorney who shall formulate a recommendation to the review authority for approval.

B.

Following execution of the agreement by the applicant and the City, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.

C.

At a minimum, the agreement shall include the following:

1.

The total number of units proposed within the housing development, including the number of target units;

2.

A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;

3.

The location, unit sizes (square feet), and number of bedrooms of target units;

4.

Tenure of use restrictions for target units;

5.

A schedule for completion and occupancy of target units;

6.

A description of any additional incentive being provided by the City;

7.

A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement); and

8.

Other provisions to ensure implementation and compliance with this Chapter and State density bonus law.

D.

In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:

1.

Target units shall, upon initial sale, be sold to and occupied by eligible very low, lower income, or, in the case of a condominium or planned development, moderate income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing).

2.

The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this Chapter and State density bonus law during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this Chapter and the State density bonus law.

E.

In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants;

2.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter; and

3.

Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

It is the intent of the City Council that the provisions of this Chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., notwithstanding changes in State laws revising percentages, numerical thresholds and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of this chapter. Accordingly, it is the further intent of the City Council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this chapter, to the maximum extent permitted by law.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.11 - GENERAL DEVELOPMENT STANDARDS

This Chapter establishes general development standards for all land uses and development in the City.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The regulations contained in this Chapter are applicable to all site development in the City of Beaumont.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.11.030 - Lots and divisions of land.

Whenever a division of land is proposed, the total number of lots or density permitted shall be determined pursuant to the City of Beaumont General Plan, any applicable adopted specific plan and the Government Code. In any event, no parcel shall be created that is below the minimum size allowed by the zoning classification that has been applied to the parcel of land unless a variance has been granted that allows smaller parcel sizes, a conditional use permit has been granted for a planned residential development that allows smaller lot sizes as a part of an overall development, or a conditional use permit has been granted pursuant to Section 17.11.030.D. Other requirements that are applicable are indicated in this Section.

A.

Recorded Lots. Any lot shown upon an official subdivision map or record of survey map duly approved and recorded or any lot for which a bonafide deed has been recorded prior to the effective date of Ordinance No. 324 may be used as a building site, provided the required yard setbacks are maintained.

B.

Sale of a Portion of a Lot. Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of the buildings on the lot are not located within a particular zone, then, in determining the permissible number and location of any buildings on either portion of the lot, both parts shall be considered as one parcel only.

C.

Gated Communities. The City will review requests for gated communities during the tentative map process and may approve gated communities if the following findings are made:

1.

Gated communities shall include pedestrian and bicycle access, connections, and improvements with access points located no more than 600 feet apart; and

2.

There is a demonstrated need for public safety or security that will be satisfied by the gate; or

3.

There is a demonstrated benefit for private maintenance of infrastructure and facilities located within the gated community.

D.

Small Lot Development. Residential development located on lots less than the minimum lot size established in the R-TN or R-MF zones may be approved with a conditional use permit subject to the following standards:

1.

Maximum and minimum density shall be consistent with the zone, and as may be modified through a density bonus (Chapter 17.10).

2.

The minimum lot size shall be 2,000 square feet.

3.

The minimum lot width shall be 25 feet.

4.

The minimum lot depth shall be 50 feet.

5.

The maximum area of the lot occupied by structures shall be 75 percent.

6.

Setbacks.

a.

Side Yard Setbacks. The side yard setback shall be a minimum of three feet. For attached units, a minimum side yard setback of five feet shall be provided at the end of the row of attached units.

b.

Rear Yard Setbacks. Rear yard setbacks shall be a minimum of 10 feet. A minimum rear yard setback of five feet is required for those parcels that have a garage abutting an alley.

c.

Other Setbacks. Other setbacks shall be consistent with the zone, and as may be modified through a density bonus (Chapter 17.10).

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This Section indicates the requirements are applicable to the preparation of a site for development.

A.

Property Lines. Boundary stakes shall be placed on the property by a licensed land surveyor prior to beginning construction for the purpose of delineating property lines.

B.

Site Grading Requirements. Site grading shall conform to the following:

1.

All grading shall conform to the Uniform Building Code, Chapter 70, as may be amended by City Ordinance.

2.

The minimum building pad and drainage swale slope shall equal one percent if cut or fill is less than ten feet. The minimum building pad and drainage swale slope shall equal two percent if the cut or fill is greater than ten feet. Drainage swales shall be a minimum of 0.3 feet deep and be constructed a minimum of two feet from the top of cut or fill slopes.

3.

The maximum cut and fill slopes are two to one (2:1).

4.

A five-foot wide by one-foot high berm must be provided, or its equivalent along the top of all fill slopes over five feet high.

5.

All grading shall be done under the supervision of a competent soils engineer who shall certify that all fill has been properly placed and who shall submit a final compaction report for all fills over one feet deep.

6.

A Registered Civil Engineer shall submit to the Building and Safety Department, written certification of completion of rough grading in accordance with the approved grading plan prior to issuance of the building permit. This certification shall apply to line; grade, elevation and the location of cut fill slopes.

7.

A final compaction report will be required for all fills greater than one foot.

8.

All grading shall be done in conformance with recommendations of a preliminary soils investigation.

9.

Two sets of the final compaction report shall be submitted to the Building and Safety Department which shall include foundation design recommendations and certification that grading has been done in conformance with the recommendation of the preliminary soils report.

10.

The contractor shall notify the Building and Safety Department, at least 24 hours in advance requesting finish lot grade and drainage inspection. This inspection must be approved prior to building permit final inspection for each lot.

11.

During rough grading operations and prior to the construction of permanent drainage structures, temporary drainage control shall be provided to prevent the ponding of water of water and the flooding of adjacent properties.

12.

No fill shall be placed on existing ground until the ground has been cleared of weeds debris, topsoil, and other deleterious material.

13.

If steep sloping terrain occurs upon which fill is to be placed, it must be cleared, keyed, and benched into firm natural soil for full support. Preparation shall be approved by a registered Soils Engineer prior to the placement of fill material.

14.

Cut slopes or fill slopes equal to or greater than three in vertical height shall be planted with grass or ground cover to protect the slope from erosion and instability in accordance with policies of the City

Engineer prior to the approval of final inspection.

15.

Dust shall be controlled by watering or other approved methods.

16.

All existing drainage courses on the project site must continue to function, especially during storm conditions. Protective measures and temporary drainage provisions must be used to protect adjoining properties during grading operations.

17.

Stability calculations with a factor of at least one and five-tenth shall be submitted by a soils engineer to the Building and Safety Department for cut and cut and fill slopes over 30 feet in vertical height.

18.

A Registered Civil Engineer or licensed land surveyor shall submit certification of building pad elevation. Where specific elevations are required; the elevation (with respect to mean sea level) shall be given. If an elevation with respect to adjacent ground surface is required, the actual distance above the adjacent ground shall be given.

19.

The design engineer shall provide a minimum of one blue top finished pad, prior to rough grade approval.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This section indicates the specific requirements with respect to off-site improvements. Notwithstanding any provision to the contrary in this ordinance, this Section shall not be subject to Section 17.02.100 of this ordinance related to the following of variances.

A.

Requirements for Certain Improvements. Prior to the issuance of a Building Permit for erecting a new structure, an enlargement or addition in excess of 300 square feet or of more than 25 percent of the original area of an existing residential structure, or movement of structure on any lot abutting a public street, the applicant for such building permit for the owner of such property shall comply with the off-site improvement requirements, where applicable, which include lot surveying, and installation of curbs and gutters and other improvements as outlined in the ordinance.

B.

Provisions Made for Completing Improvements. No building or structure shall be erected, constructed, enlarged or altered on a lot which abuts a street unless provision is made or has previously been made, for the dedication of the necessary right-of-way for street and highway purposes, and for the improvement of

that portion of the street and/or right-of-way upon which the lot fronts and adjoins. The improvement shall include the installation of curb, gutter and pavement and such sidewalk as is required on that side of the centerline of the street and/or right-of-way adjoining said lot. A Certificate of Occupancy shall not be issued for any building or structure subject to the provisions of this ordinance without all improvements and dedications required hereunder being made and completed or the appropriate security filed with the Director of Public Works/City Engineer as required.

C.

Plans and Standards for Improvements. The owner, developer or applicant for the building permit shall submit plans prepared by a Registered Engineer for said dedication and improvement to the City Engineer for his review and approval. The following requirements also apply:

1.

All street improvements required by this Subsection shall be designed in accordance with the standards for such streets as set forth in the official standards as approved by the City Council.

2.

All plans to be based on City Benchmark Systems.

D.

Street Dedication and Improvements Required. This Subsection indicates specific requirements with respect to street dedications and any required improvements.

1.

No building shall be erected, enlarged by more than 25 percent or moved to any lot or parcel of lots, which abuts or adjoining a street unless the one-half portion of such street adjoining or abutting the developed area has been dedicated and improved in accordance with the current standards and specifications on file in the Office of the City Engineer.

2.

Curb and gutter in front of the lot upon which the building or structure is to be erected shall be provided as required by the City Engineer in compliance with the Standard Specifications of the City.

3.

If sidewalks exist on 25 percent or more of the total frontage of the lots in the block on that side of the street adjoining the lot upon which the building or structure is to be erected or constructed, then a sidewalk shall be provided in front of said lot provided that the City Council may waive the provisions for sidewalks in front of single family residences, in manufacturing zones, and in open space zones if appealed by property owner.

4.

The City Council may extend the time for of improvements for a period the date of occupancy permit security and development the-construction of one year from with a signed agreement.

E.

Costs of Engineering and Improvements. The owner, developer or applicant for the building permit shall pay all costs of dedication and improvement, including any cost for the removal or relocation of utilities, including fire hydrants, traffic signals, street lighting, drainage culverts, and of preparation of plans and blueprints.

F.

Completion of Improvements. Any person required to make street improvements pursuant to the provisions of this Subsection shall make and construct all of said improvements in accordance with said standards and specifications and other requirements of the Director of Public Works/City Engineer, or upon City Council approval, shall file with the City Engineer, a letter of credit, cash, certificate of deposit, or an agreement and note for the obligation secured by a deed of trust on the property, in such amount as the City Engineer shall estimate and determine to be necessary to cover the total costs of all required improvements. The City Engineer may determine the period of time during which the installation of said

improvements could be reasonably delayed, provided that, in any event, the installation or construction of said improvements shall not be delayed for a period of more than two years from the date of final inspection of the building without the approval of the City Council. The City Engineer shall cause a written itemized estimate of the costs of all improvements and the amount of the required security to be given to the owner or applicant required to make the improvements within 30 days after issuance of the building permit.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1182, §§ 1—3, 5-6-2025)

Editor's note— Per Ord. No. 1182, adopted May 6, 2025:

SECTION 1: Suspension of BMC Section 17.11.050

A. The enforcement of Beaumont Municipal Code Section 17.11.050 is hereby suspended as it pertains to residential accessory structures, including patios, garages, and similar structures, provided that such structures:

1. Are accessory to a primary residential use;

2. Do not exceed 300 square feet in size; and

3. Do not result in a change of use or a significant impact on public infrastructure.

B. This suspension does not affect any other provisions of BMC Section 17.11.050 that apply to nonresidential developments or larger structures exceeding the specified size limitations. SECTION 2: Redline Version of Proposed Amendments

A. A redline version of the proposed amendments to BMC Section 17.11.050 shall be made publicly available for review.

B. The redline version shall be incorporated into the Zoning Code update, which is currently under review by City staff and is expected to be presented for Council adoption in Summer 2025.

C. The City Manager, or designee, shall ensure that public outreach and engagement opportunities are provided to solicit feedback on the proposed amendments before final adoption. SECTION 3: Effective Period of Suspension

A. This ordinance shall take effect immediately upon adoption and shall remain in effect until June 30, 2026, unless extended or terminated earlier by action of the City Council.

Building permits shall be issued only in accordance with the following conditions:

A.

Access Required. No building permit shall be issued for a building or structure on a lot that does not have access on a dedicated and improved street or on a private road acceptable to the Planning Director and the City Engineer.

B.

Compliance with Zoning Required. No building permit shall be issued for a building, structure, or improvement that would be in violation of or contrary to the provisions of this ordinance, other applicable ordinance or law, or lawful condition or regulation of the City of Beaumont. In the event the Director of the Building and Safety Department declines to issue a building permit pursuant to the provisions of this subsection, the applicant may appeal such decision to the Planning Commission that shall review, study and suggest possible alternative proposals that would be in compliance with such ordinances, law, condition or regulation.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.11.070 - Dwellings.

This Section indicates the requirements applicable to dwellings.

A.

Transferal of Residential Requirements. Where a building for dwelling purposes is erected on a lot in a zone other than the zone in which such building for dwelling purposes is first ordinarily or primarily permitted by this ordinance, such lot shall be subject to the same requirements for yards, minimum lot area and percentage of lot coverage as are specified in this ordinance for a lot in the zone in which such building for dwelling purposes is first ordinarily or primarily permitted. This general provision shall prevail over any specific setback stated in nonresidential zones.

B.

Location of Dwellings. Except in multiple dwelling developments or where otherwise provided in this ordinance, every dwelling shall face or front upon a street or permanent means of access to a street, and in no event shall any dwelling face or front upon an alley.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This Section indicates the requirements applicable to fences and walls.

A.

Fencing Materials. Solid fences in multiple family residential, commercial and manufacturing zones shall be masonry or other permanent materials as approved by the Community Development Director. Open work fences facing any public street in commercial zones must be either masonry or metal grill work such as wrought iron. Open work fences in any other situation may, in addition to the above, be open metal mesh, or any other appropriate material as determined by the Community Development Director. Fencing materials for residential development in the single-family residential zones shall be subject to approval by the Community Development Director. Fencing materials shall be compatible with, and complement, conditions which prevail in the subject area, with consistency relative to architectural characteristics, other fencing in the vicinity and materials. Wherever practical and appropriate, decorative masonry and other materials shall be employed as determined appropriate by the Planning Director. Barbed wire fences may only be permitted in agricultural and manufacturing zones when specifically approved by the Community Development Director.

B.

Prohibited Materials for Fences and Walls. In no case shall barbed or other similar type wire be used as any part of a fence except where approved by the Community Development Director for use in agricultural or manufacturing zones. Barbed or similar type wire when permitted by the Community Development Director shall not be placed so as to be visible from any facing public street.

C.

Nonconforming Fences. Every fence erected prior to, the adoption of the ordinance which does not conform with the provisions of the Code of the City of Beaumont, shall be removed, altered or replaced in order to so conform to the Code requirement. Such nonconforming fences shall be abated according to the following schedule provided in Table 17.11-2. The value of fence shall be determined by the building official after consultation with the fence owner and/or a fence installer. Value shall be the book value of the fence, as it existed on the effective date of this ordinance.

D.

Fence and Wall Location and Height. Fences and walls may be erected on property lines in any zone, with a maximum height of six feet above the ground level immediately abutting the fence at its highest point, with the following exceptions:

1.

No fence greater in height than three and one-half feet (42 inches) may be placed in the required front yard, either along the front or side property line;

2.

On corner lots, the maximum height shall not exceed three and one-half feet (42 inches) within an area defined on both intersecting street by a 45-degree angle taken through the corner of the building or structure at the point that the structure is closest to the intersection;

3.

Within residential zones, fencing in the front yard areas shall be limited to three and one-half feet (42 inches), either along the front or side property line, in the required front yard, or the closest projection of the front of the residences, whichever is greater;

4.

In manufacturing zones, fences which do not exceed eight feet in height measured from the ground level immediately abutting the fence at its highest point may be erected at or near property lines; provided that the maximum height of such fences in any yard abutting a public street shall be limited to six feet in height within a five foot setback area from any public street.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

When the Planning Commission pursuant to the provisions of Title 17 of the Government Code, known as the Conservation and Planning Law, approves the acquisition of any square, park or other public ground or open space, by any public entity, it may in its approval designate for what purpose such property may be used and when so approved such property may be used for any use designed pursuant to this section in addition to those uses permitted in the zone in which such property is located.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This Section indicates the requirements applicable to swimming pools, spas and similar.

A.

Adoption of the California Building Code. The California Building Code, current Edition, as Published by the International Conference of Building Officials, is hereby adopted and made a part of this chapter by reference.

B.

Requirements.

1.

Private swimming pools and their mechanical equipment for the use of the occupants of the premises and their nonpaying guests shall be located not closer than five feet to any property line or dwelling.

2.

All other swimming pools shall be located not nearer than ten feet from any property line or building.

3.

Walls. A masonry wall or other sound reducing material as approved by the Planning Director shall be erected on three sides of the mechanical equipment facing neighboring properties to a height of not less than 18 inches taller than the equipment.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The purpose of this Section is to provide for the conduct of home occupations/home-based businesses in residential zones or buildings in such a manner as to be compatible with, and not disruptive to, residential neighborhoods. The use shall be clearly incidental and secondary to the principal use of a residential dwelling as a dwelling.

A.

Uses Permitted. The following uses or similar uses shall be considered as home-based businesses provided that such uses comply with the criteria stated in this Section:

1.

Professional office occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of

contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office.

2.

A secondary office for a business in which the principal office, staff and equipment are located elsewhere.

3.

The home office of a salesman, wherein all sales are conducted by telephone or by correspondence and wherein there are no displays or related commodities on premises.

4.

Any legal use customarily conducted entirely within a residential dwelling.

5.

The home office of a service business where not more than one 2,000-pound (one ton) or smaller vehicle used in conjunction with the home-based business is kept on the subject property.

6.

Sales of produce (fruit or vegetables) grown on the subject property.

7.

Cottage food operations, as defined in California Health and Safety Code Section 113758, shall be a permitted home-based business provided it complies with all applicable provisions of this Section, any applicable requirements of the Riverside County Department of Environmental Health, and the California Health and Safety Code, as it may be amended.

B.

Conditions. Home-based businesses may be permitted pursuant to the provisions of this Section, subject to the following conditions.

1.

Employment shall be limited to residents of the dwelling only.

2.

There shall be no direct sales of products or merchandise from the dwelling, except for produce (fruit or vegetables) grown on the subject property or otherwise as authorized by this Section.

3.

Produce and sales may be permitted subject to sales being limited to three days per week. No structure or stand of a permanent nature shall be erected on the subject property.

4.

Customers or clientele shall not be permitted to visit/enter the dwelling in connection with the home-based business. However, incidental uses such as music lessons, tutoring, and the sale of produce may be permitted if the intensity of such use is approved by the Community Development Director.

5.

No more than one room of the dwelling shall be used for the home-based business. Use of the garage for the home-based business may be permitted if such use does not obstruct required parking. No more than 20 percent of the residence shall be used for the home-based business, including any area for storage.

6.

No alteration of any kind will be allowed to the principal building which changes its residential character. This includes, but is not limited to, the enlargement of public utility services or the installation of special equipment attached to walls, floor or ceilings.

7.

Materials or supplies for the home-based business shall be stored indoors, within an accessory building or space, or may be stored outdoors, provided such materials or supplies are not visible to the public or from the public street. Materials or supplies may not be stored in any way that creates a public nuisance, as defined in Civil Code § 3480.

8.

The home-based business shall not involve the display of signs or advertising devices on the premises except one unlighted sign, not more than two square feet in area, may be posted on temporary produce displays. This provision does not apply to the use of advertising on commercial vehicles, provided the business is in full compliance with Section 10.12 of the City Code, or any other applicable provision related to parking commercial vehicles, as may be amended from time to time.

9.

A valid business license from the City shall be obtained each year and shall be posted on any temporary produce displays.

10.

The activities of the home-based business shall not be conducted in a manner that negatively impacts the residential area. Such determination of the City may include, but not be limited to, consideration of color of the building, construction, lighting, signs, sounds, noises and vibrations.

11.

All operations of such home-based business shall be conducted so as to prevent the emanation of any dust, gas, smoke, noise, fumes, odors, vibrations, or electrical disturbances which are or may be detrimental to the welfare of the occupants of surrounding properties.

12.

No accessory building or space outside of the principal building shall be used for the home-based business, except for the growing of produce or for the storage of materials or supplies as provided herein. Storage or parking of vehicles associated with the home-based business must fully comply with the provisions of Section 10.12 of the City Code, or any other applicable provision related to parking commercial vehicles, as may be amended from time to time.

13.

The following requirements shall also apply to cottage food occupations:

i.

The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site.

ii.

The cottage food operation shall be registered or permitted as a "Class A" or "Class B" operation by the Riverside County Department of Environmental Health in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements.

iii.

Any applicant for a permit under this Section shall provide to the City, as part of the home-based business application: (1) a copy of the operation's registration or permit to operate as a "Class A" or "Class B" operation, as required under Health and Safety Code Section 114365, and (2) a copy of the self-certification checklist submitted to and approved by the County.

iv.

The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this Section, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control.

v.

A permit issued under this Section may be revoked for any violation of this Section or of Section 114365 et seq. of the California Health and Safety Code.

vi.

The City may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this Section and/or California Health and Safety Code Section 114365 et seq.

vii.

Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758.

14.

A home occupation shall be subject to any additional condition or requirement, which may be imposed by the Community Development Director.

C.

Applications. Applications to have a home-based business shall be made to the Community Development Director, accompanied by the filing fee set forth in the fee schedule, and shall include such information and documentation as may be required to complete a Home Occupation Permit. The applicant shall be the operator of the home-based business and shall be a resident of the dwelling in which the home-based business is located. Information shall be provided to ensure that the proposed home-based business complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. The permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting.

D.

Exemptions. Activities exempt from the home-based business requirements include temporary sales stands with nominal sales such as children's lemonade stands and hostess parties, not more than three in any 12month period. No structure or stand of a permanent nature shall be erected onsite for these exempt sales.

E.

No provision of this Section shall be interpreted to impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City, nor shall the issuance of any permit to operate a home-based business hereunder constitute a determination by the City that such business is otherwise authorized by or in compliance with any contractual property restrictions, including those of a Home Owners Association or other common interest development.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1184, § 2(Exh. A), 6-3-2025)

17.11.120 - Manufactured homes on foundations.

A.

Conditions. A manufactured home may be installed on a foundation on any lot in the City of Beaumont, that is zoned to permit the construction of a conventional single-family dwelling, if it meets the following conditions:

1.

The manufactured home shall be certified under the national Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and shall bear a California insignia or Federal label

as required by section 18550(b) of the Health and Safety Code.

2.

The foundation system shall meet the requirements of section 18551 of the Health and Safety Code.

3.

The manufactured home shall have a roof overhang of not less than 16 inches with a minimum 12-inch gable overhang, unless it is determined that it is not compatible to the neighborhood in which the manufactured home is being located.

4.

The manufactured home shall have non-reflecting roofing material and siding material that is compatible with the neighborhood in which the manufactured home is to be located, consistent with standards applied to non-manufactured single-family dwellings.

5.

A garage shall be provided consistent with the requirements for a non-manufactured single-family dwelling.

6.

The manufactured home shall be used only as a single-family residential use and shall comply with all the setback and height requirements of the zone in which it is located.

B.

Applications. Applications to install a manufactured home on a permanent foundation shall be made to the Community Development Director, on the form provided by the Planning Department, accompanied by the filing fee set forth in the fee schedule and shall include such information and documentation as may be required by the Community Development Director, including the following:

1.

Name and address of the applicant and all owners of the subject property, including evidence that all owners agree to the application.

2.

Location or address, legal description and zoning of the property on which the manufactured home is to be located.

3.

A site plan of the entire property showing location of the manufactured home and all accessory buildings, including all dimensions and setbacks.

Certification that the manufactured home complies with the National Mobilehome Construction and Safety Standards of 1974.

5.

Photographs that show the manufactured home in sufficient detail with regard to siding material, roof overhang and roof materials.

6.

Photographs that depict the type of structures, siding and roofing materials and roof overhang of structures in the neighborhood in which the manufactured home is to be located.

C.

Processing of Applications. Within 14 days following the acceptance of an application as being complete, the Planning Director shall determine whether the request meets all the of the requirements of this ordinance and shall determine the roof overhang, roofing and siding materials and any automobile enclosure necessary to achieve compatibility with the neighborhood. Upon approval of the application, the Community Development Director shall forward the original thereof to the Building Official, file one copy, and return one copy to the applicant, who shall then obtain all necessary installation and construction permits from the Building Department. If the Community Development Director is unable to approve the application, it shall be returned to the applicant along with a statement of the reasons therefore, giving notice that the applicant may meet with the Community Development Director to discuss the matter.

D.

Appeal. Appeals shall be provided for plot plans in Section 17.02.060 of the Ordinance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

A.

Intent. It is the intent of this section to provide regulations for the establishment, maintenance and operation of mobilehome parks in the City of Beaumont.

B.

Classification of Mobilehome Parks.

1.

Pre-Existing Mobilehome Parks. A pre-existing mobilehome park shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed by this section, provided that the regulations of this section shall apply to the enlargement or expansion of a mobilehome park, and provided that the pre-existing mobilehome park on a site less than ten acres shall not be further reduced in area.

Planned Residential Mobilehome Parks. A Planned Residential Mobilehome park is a site intended for residential use exclusively in mobilehomes together with recreation and necessary facilities (including trailer and boat storage areas). Planned Residential Mobilehome Parks shall be constructed in accordance with the hereinafter listed requirements. In addition, thereto, planned residential mobilehome parks shall be subject to, and shall comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the area in which it is proposed to be located.

3.

Integrated Mobilehome Parks. An integrated mobilehome park is a site intended for residential use exclusively in mobilehomes not including recreation and accessory facilities. Development standards shall include site development as required in Section 17.03.060 (residential Single-Family Zone) and in Section 17.11.120 (Manufactured Homes on Foundations). In addition, thereto, integrated mobilehome parks shall be subject to, and comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the area in which it is proposed to be located.

C.

Development Approval. All mobilehome parks shall be developed subject to a conditional use permit as found in Section 17.02.

D.

Development Standards for Planned Residential Mobilehome Parks.

1.

Site Standards. The following regulations shall apply to the site of a mobilehome park. Additional regulations may be specified as conditions of a use permit.

a.

Minimum Gross Area: Ten acres

b.

Maximum Density: Seven units per gross acre.

c.

Minimum Access Frontage: 250 feet continuous frontage on a dedicated public street.

d.

Minimum Park Perimeter Yards: Five feet adjacent to a public street.

e.

Maximum Height: Mobilehomes and accessory structures 35 feet.

2.

Interior Site Development. The following requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of a use permit.

a.

Mobilehome Space. Each space shall contain a minimum of 4,000 square feet for exclusive use by the occupants of the space. Each space shall have dimensions capable of accommodating a rectangle with minimum dimensions of 46 feet by 75 feet, and 75 percent of the spaces shall have a minimum depth of 90 feet.

b.

Mobilehomes shall meet the following minimum lot setbacks: 20 feet front yard. Five feet side yard and ten feet rear yard. The 20-foot front setback may be reduced on interior streets to ten feet if an attached garage is located in front of the mobilehome with at least 65 percent of the front yard landscape with live plant material.

c.

Access Drive. All mobilehome access drives within a mobilehome park shall be privately owned and shall be at least 30 feet wide exclusive of adjoining parking areas and sidewalks. The Mobilehome Park will be developed in a manner that permits adequate circulation to and within the proposed development for emergency and protective services, including police and fire equipment. Main access drives shall have standard class A curbs and gutters. Other interior access drives shall have rolled curbs and gutters.

d.

Sidewalks. Concrete sidewalks at least five feet in width shall be provided to serve all central or common facilities within the mobilehome park. Access drives shall be provided with sidewalks on at least one side.

e.

Accessory Building and Uses. Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome park offices, maintenance and storage buildings or storage areas shall be located at least 50 feet from the boundary of the mobilehome park site.

f.

Landscaping. Not less than 20 percent of each mobilehome space shall be landscaped with live plants, including at least one tree on each space.

g.

Community Recreation. A minimum of 500 square feet of community recreation area, (exclusive of any mobilehome space) shall be provided within the mobilehome park for each site. The community recreation

areas shall contain a clubhouse and a recreational area for outdoor games and activities such as shuffleboard, horseshoes, putting green, or swimming pool. The community recreation and service areas together with the identification of activities planned for the areas, shall be shown on the plans and specifications in such detail as shall be required by the Planning Director. The location and size of all facilities indicated in this paragraph shall be subject to the approval of the Planning Commission. The clubhouse shall have a floor area of not less than 25 square feet for each residential lot, and shall contain adequate kitchen, restroom and storage facilities. In no event shall the community area for any mobilehome park be less than two acres.

h.

Improvements. The following improvements shall be installed on all lots used for residential purposes:

1.

A concrete slab or other metal or wood deck containing at least 200 square feet.

2.

The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome.

i.

No common area for storage of camp and boat trailers shall be permitted unless it is designated on the map.

j.

Not more than one mobilehome for residential purposes shall be permitted on a lot.

k.

Whenever the soil is excavated below a mobilehome, a retaining wall shall be installed extending six inches above grade. Plans for the retaining wall shall be approved by the Department of Building and Safety.

l.

Electrical and Television Service. All electrical, telephone, C.A.T.V. and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary line of such property, be installed underground. Risers on poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to said property. Utility service poles may be placed on the rear of the property to be developed, only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of this section and he shall make the installation of such facilities.

m.

Exemption. The improvement and setback requirements contained in this subsection may be modified or eliminated when the Commission finds that due to topographical conditions or property ownership patterns

these requirements are impractical and will not serve to protect the present or future welfare of the public.

3.

Screening and Landscaping. Masonry walls six feet high shall be erected along all boundary lines, except that along all street boundaries the wall shall be erected five feet from the right-of-way line. The area between the wall and the street shall be planted in ground cover. Trees or shrubs shall be planted within the ten-foot strip adjacent to the inside of all boundary walls. All trees and shrubs planted shall be of a variety that will grow to a height of not less than 15 feet and shall be planted at intervals so that at maturity the trees or shrubs will provide a screening of the mobilehome park. All plantings shall be maintained in a growing condition.

4.

Improvement Requirements. On-site improvements shall be constructed and maintained in conformance with mobilehome park improvement standards, approved by the Planning Commission and the City Council. Such standards may include, but shall not be limited to the design, construction and maintenance of the following:

a.

Access drives, sidewalks and parking spaces;

b.

Walls and fences;

c.

Lighting, signs;

d.

Curb and gutter, drainage, and sanitary sewer facilities;

e.

Electrical and water services;

f.

Fire protection facilities.

5.

Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.11.140 - Wind energy conversion systems.

A.

Intent. It is the intent of this section to provide regulations for the establishment, maintenance and operation of wind energy conversion systems (WECS) in the City.

B.

Permit Requirements. Table 17.11-2 identifies the permit requirements for WECS. Additionally, a building permit shall be obtained prior to the installation of a WECS.

1 A private, non-commercial WECS is installed on a developed property for the purpose of providing energy for on-site consumption. A private, non-commercial WECS is only allowed as an accessory use.

2 The Commission may allow the height of a WECS to exceed the maximum allowed height if strict compliance to the height limit would result in no or poor productivity, as established by evidence provided by the applicant. The Commission may require larger setbacks if additional height is allowed.

3 A windfarm is multiple WECS installed at a single property or area for the purpose of generating larger quantities of electrical or mechanical power for transmission to a public or private utility.

C.

Application. An application for a WECS shall be made consistent with Section 17.02.040 (Application process). All required information identified on the form shall be provided by the applicant, in addition to the following information:

Direction of prevailing winds across the project site;

Manufacturer and model designation, rated kilowatt capacity, overall machine height, total blade diameter, rated maximum rotor rotations per minute, and other manufacture's data sufficient to determine compliance with this section;

3.

Location and type of security fencing and/or screening; and

4.

Proof of liability insurance consistent with Subsection 17.11.140.D.10.

D.

General Requirements.

1.

Development standards. A WECS shall comply with the development standards for the zone in which it is located unless otherwise specified in this section.

2.

Height measurement. The height of a WECS shall be measured to the top of the WECS, including any blade when at its highest point.

3.

Setback measurement. Setbacks shall be measured to the outer edge of a WECS, including any blade when at its maximum horizontal extension.

4.

Setbacks. A WECS shall maintain the same minimum setbacks required for a primary structure within the applicable zone.

5.

Colors and materials. A WECS shall have a non-reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts.

6.

Advertising and graphics. No advertising, display, or graphic is permitted on any WECS. A manufacturer's identification label and/or any government required identification or safety labels or signs may be affixed to a facility or site in a discrete manner as feasible.

7.

Undergrounding required. All wiring or any associated and ancillary equipment, batteries, devices, structures, or support(s) for any WECS, shall be placed underground to the maximum extent feasible.

Noise. WECS shall comply with Chapter 9.02 (Noise Control).

9.

Security and safety. WECS shall be secured from access to the general public by fencing or other deterring device or means as the City may approve or require so the WECS is not an attractive nuisance. WECS shall either have tower climbing apparatus located not closer than 12 feet to the ground or be un-climbable by design for the first 12 feet.

10.

Proof of liability insurance. The owner of any WECS shall provide, as part of the permit application submittal, proof of liability insurance that specifically addresses the installation, use, and maintenance of the WECS to the satisfaction of the City.

11.

Effects of development on productivity. The City shall not be liable if subsequent development in the City impairs the productivity of any WECS.

12.

Inoperative facility removal required. Any WECS that is not operated for a continuous period of six months shall be considered abandoned. A WECS and all equipment associated with an approved WECS shall be removed within six months of the discontinuance of the use and the site shall be restored to its original preconstruction condition, subject to the approval of the Director.

E.

Private, non-commercial WECS. A private, non-commercial WECS shall be subject to the following standards.

1.

Location. A WECS, including associated and ancillary equipment, batteries, devices, structures, or supports, shall be located in the rear portion of the property (i.e., between the primary structure and rear property line). This provision may be modified by the Commission if strict compliance would result in no or poor productivity, as established by evidence provided by the applicant.

2.

Screening. The WECS shall be separated from adjoining properties by at least a six-foot high solid fence or wall, or by trees and landscaping of equal minimum height approved by the Commission. Approval of screening may include reasonable conditions deemed by the Commission necessary to minimize the visual impacts of a WECS.

Net-metering. A private, non-commercial WECS may be net-metered with written authorization provided by the utility company. Net-metering is a service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electrical utility to the electric consumer during the applicable billing period. Net-metering does not allow the sale of power back to the electric company or into the wholesale electricity market.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Intent. This section establishes requirements for the storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment. The purpose of these regulations is to provide adequate and convenient guidelines for selfstorage, outdoor storage and display of materials, merchandise, and equipment in the appropriate zones. The intent of these regulations is to minimize visual impacts to adjacent properties and public rights-of-way and to protect public health, safety and welfare due to the over development of these storage intensive facilities and encourage economic development within the City of Beaumont by controlling the number, size, and location of these types of facilities.

B.

Classification of Storage Uses. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

1.

Outdoor storage use means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment.

2.

Truck yard or truck terminal means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping trucks, tractors, construction equipment and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business engaged in the storage and distribution of goods having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time but excluding trucking accessory to another industrial use on the site.

3.

Automobile parking or storage facility means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping automobiles or recreational vehicles (including RV's, boats, watercraft, off-road

vehicles) or other vehicles, together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling.

4.

Contractor or building materials storage yard means establishments which engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment associated with a construction or contractor's business licensed within the City of Beaumont.

5.

Mini-storage, mini-warehouse, self-storage or public-storage means an operation serving the public where customers rent or lease, or self-store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities.

6.

Storage uses means any of the forgoing uses in subsections 1-5.

C.

Applicability. The requirements of this chapter shall apply to the establishment or modification of storage uses in zoning districts in which the storage use is permitted, pursuant to Beaumont Municipal Code Chapter 17.03. This chapter shall not apply to legally existing storage uses or pending applications as of the effective date of the ordinance codified in this chapter. The continuation of legally established existing storage uses shall be subject to the regulations and guidelines of Chapter 17.08, Non-conforming uses of the Beaumont Municipal Code.

D.

Storage Uses. The following shall apply to all outdoor, truck yard or truck terminal, automobile parking or storage and contractor or building materials storage yard uses:

1.

Storage uses shall not be located adjacent to or across a street or intersection from residentially zoned land, public or private schools, public parks and open space intended for public park and recreational use.

2.

Storage uses should be limited to occupying parcels not suitable for valuable commercial or industrial, job producing uses.

a.

Site Design Standards.

(1)

All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.

(2)

Parking shall be provided for the primary use associated with a storage use in accordance with Chapter 17.05 (Off-Street Parking and Loading Standards) of the Beaumont Municipal Code or an applicable specific plan.

(3)

All passenger vehicle parking lots, drive-aisles, and truck parking areas or truck courts, and outdoor storage areas shall be paved with asphalt or concrete; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation.

(4)

Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on-site and to avoid queuing, stacking, loading, unloading, and parking of vehicles off-site on adjacent streets.

(5)

Signage for directional guidance to vehicles entering and exiting the facility shall be provided on-site.

b.

Screening Standards.

(1)

All stored goods and materials, not including trucks and trailers within truck parking areas and courts, shall be completely screened from public view, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Decorative masonry block means neutral colored slump stone block, split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt-up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.

(2)

Screen walls shall not be located within any required front yard or street side yard building or landscape setback area.

(3)

All stored goods and materials, not including trucks and trailers within truck parking areas, shall not exceed eight feet in height. Screen walls shall be of adequate height to screen on-site uses but not exceed eight feet in height. Mature landscaping shall be required to effectively screen along street frontages any area where the eight-foot screen wall is unable to provide complete screening and subject to the requirements of Chapter 17.11.080 Walls and Fences.

(4)

Solid walls surrounding storage uses which are either at grade or are above the grade of an adjacent street shall incorporate a berm/slope along the entire length of the wall that ensures that no more than eight feet of the wall is visible from public view.

(5)

A combination of fencing and landscaping may be provided in lieu of solid screening walls along the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening and subject to the requirements of Chapter 17.06 Landscaping Standards.

(6)

Access gates and doors may be constructed of open wrought iron and provide adequate vehicle stacking.

(7)

Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

c.

Security Standards.

(1)

All storage uses shall be secured and incorporate security cameras which maintain recordings to the satisfaction of the Police Chief or their designee.

(2)

All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, in compliance with the Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code.

d.

Operational Standards for Outdoor, Truck Yard or Truck Terminal, Automobile Parking or Storage and Contractor or Building Materials Storage Yard Uses.

(1)

An operations and truck route plan shall be submitted for review and approval as part of the conditional use permit or plot plan application as required under Chapters 17.02 and 17.03. The plan shall describe the

operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, types of items to be stored at the site, property maintenance and the proposed truck routing to and from the facility to designated truck routes which to the greatest extent feasible avoids passing residential, educational, park and open space intended for public park and recreational use areas. The plan shall also include physical and operational measures for preventing truck queuing, stopping, and parking on public streets.

(2)

Storage uses are subject to all applicable fire, health, safety, and building regulations.

(3)

Storage is not permitted in required front or street side yard setback areas.

(4)

Caretaking units shall be permitted, provided parking is accommodated on-site.

e.

Performance Measures and Standard Conditions of Approval.

(1)

The following measures shall be included as performance measures and standard conditions of approval for all storage uses:

(a)

The queuing of trucks on streets or elsewhere outside of facility shall be prohibited. All queuing, stacking, loading, unloading, and parking shall occur exclusively on-site.

(b)

The operator of the storage use shall be responsible for implementing and monitoring an operations and truck route plan during all operations, including, but not limited to posting the plan and educating truck drivers on the approved routes.

(c)

Facilities shall not store any products, goods, materials, or containers outside of any building on-site, except for trucks and trailers associated with the facility, unless such storage is permitted through the entitlement process in accordance with this chapter.

(d)

Drivers shall not sleep or reside within any vehicle on-site overnight or for any other extended duration of time.

(e)

Operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the city that an issue exists.

(f)

Prior to the issuance of a certificate of occupancy or business license, any new tenant or operator of a storage facility shall: a) submit an operational plan and trip generation analysis prepared by a licensed traffic engineer for review and approval demonstrating the proposed operations and projected traffic associated with the new tenant or operator is the same or less than the projected traffic assumed in the approved entitlements for the facility; and b) sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. If the proposed operations and trip generation represent a significant change in operational characteristics or more than ten percent increase in trip generation beyond what was entitled, a modification to the entitlements shall be required prior to the start of operations.

f.

Exempt Uses.

(1)

The following uses shall be exempt from the provisions and requirements of this chapter:

(a)

Vehicle, boat, and recreational vehicle dealerships

(b)

Temporary seasonal displays (e.g. Christmas tree lots, pumpkin patch lots, etc.)

(c)

Ancillary or outdoor display by indoor retailers approved as an accessory use.

(d)

Existing, conforming uses are exempt from these provisions.

E.

Mini-storage, Mini-warehouse, Self-storage or Public-storage. The following shall apply to mini-storage, mini-warehouse, self-storage or public-storage uses:

1.

Mini-storage, mini-warehouse, self-storage or public-storage uses shall be limited to occupying parcels of irregular shape not suitable for valuable commercial or industrial, job producing uses.

a.

Site Design Standards.

(1)

All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.

(2)

Parking shall be provided for the primary use associated with a storage use in accordance with Chapter 17.05 (Off-Street Parking and Loading Standards) of the Beaumont Municipal Code or an applicable specific plan.

(3)

All passenger vehicle parking lots, drive-aisles, and truck parking areas or truck courts, and outdoor storage areas shall be paved with asphalt or concrete; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation.

(4)

Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on-site and to avoid queuing, stacking, loading, unloading, and parking of vehicles off-site on adjacent streets.

(5)

Signage for directional guidance to vehicles entering and exiting the facility shall be provided on-site.

b.

Screening Standards for Mini-storage, Mini-warehouse, Self-storage or Public-storage.

(1)

All stored items, not including trucks, trailers or recreational vehicles within truck parking areas and courts, shall be completely screened from public view, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Decorative masonry block means neutral colored slump stone block, split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt-up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.

(2)

Screen walls shall not be located within any required front yard or street side yard building or landscape setback area.

(3)

All stored items, not including trucks, trailers or recreational vehicles within truck parking areas, shall not exceed the height of the permanent structures or screen walls depending on location of stored items. Screen walls shall be of adequate height to screen on-site uses but not exceed eight feet in height. Mature landscaping shall be required to effectively screen along street frontages any area where the eight-foot screen wall is unable to provide complete screening.

(4)

Solid walls surrounding storage uses that either at grade or are above the grade of an adjacent street shall incorporate a berm/slope along the entire length of the wall that ensures that no more than eight feet of the wall is visible from public view.

(5)

A combination of fencing and mature landscaping may be provided in lieu of solid screening walls along the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening.

(6)

Access gates and doors may be constructed of open wrought iron.

(7)

Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

c.

Security Standards.

(1)

All storage buildings and storage areas shall be secured and incorporate security cameras which maintain recordings to the satisfaction of the Police Chief or their designee.

(2)

All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, in compliance with the Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code.

d.

Operational Standards for Mini-storage, Mini-warehouse, Self-storage or Public-storage Uses.

(1)

A property maintenance plan shall be included as part of the conditional use permit or plot plan application. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physical condition and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program

(2)

Storage uses are subject to all applicable fire, health, safety, and building regulations.

(3)

Storage is permitted in required side and rear yards. Storage is not permitted in required front or street side yards.

(4)

Caretaking units shall be permitted, provided parking is accommodated on-site.

e.

Performance Measures and Standard Conditions of Approval.

(1)

The following measures shall be included as performance measures and standard conditions of approval for all mini-storage, mini-warehouse, self-storage or public-storage uses:

(a)

Facilities shall not store any products, goods, materials, or containers outside of any building on-site, except for trucks, trailers or recreational vehicles associated with the facility.

(b)

Facilities shall not be used for temporary or permanent residential purposes. No person may sleep or reside within any structure or vehicle on-site overnight or for any other extended duration of time.

(c)

Operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the city that an issue exists.

(d)

Prior to the issuance of a certificate of occupancy or business license, any new tenant or operator of a storage facility shall: a) sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.

(Ord. No. 1136, § 4(Exh. A), 7-20-2021)

17.11.160 - Energy storage facilities.

A.

Intent. Energy storage facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Beaumont by establishing regulations for the installation and use of

energy storage systems. The regulation herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment.

B.

Classification of Energy Storage Facilities. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

1.

Battery: A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.

2.

Battery energy storage management system: An electronic system that protects storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions

3.

Battery energy storage system: A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.

4.

Cell: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

5.

Commissioning: A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

6.

Decommissioning plan: A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.

Energy storage system: A system which stores energy and releases it in the same form as was input.

8.

Renewable energy: Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients.

C.

Applicability. The requirements of this ordinance shall apply to all energy storage systems permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Energy storage systems constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage system that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing energy storage systems shall be subject to the regulations and guidelines of Chapter 17.08, Non-conforming Uses of the Beaumont Municipal Code.

D.

Development Standards. The following shall apply to all energy storage facilities:

1.

Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.

2.

Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Beaumont Municipal Code:

a.

The site shall be fully enclosed by a minimum eight-foot, non-scalable solid wall. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt-up walls. Decorative masonry block means neutral colored slump stone block, split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt-up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.

b.

Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view.

c.

Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

d.

Except as set forth in subparagraph (e), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (a), above. Enclosures for batteries and other systems shall not exceed 15 feet in height. Buildings shall be subject to height standards of the Manufacturing Zone.

e.

Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the Manufacturing Zone subject to Planning Commission approval.

f.

On-site parking shall be provided as specified below:

1.

For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.

2.

For unoccupied sites, one on-site parking space shall be provided.

3.

All structures, appurtenances, parking and drive aisles shall be paved with asphalt or concrete.

4.

All outdoor facilities shall be in compliance with the Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code.

5.

All site landscaping shall comply with Chapter 17.06 Landscaping of the Beaumont Municipal Code.

6.

All facilities shall have an approved signage plan including safety signage to be posted at the site.

E.

Decommissioning.

1.

Decommissioning Plan. Prior to approval of a building permit, the applicant shall submit a decommissioning plan containing a narrative description of the activities to be accomplished for removing

the energy storage system from service, and from the facility in which it is located. The decommissioning plan shall also include:

a.

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

b.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

c.

The anticipated life of the battery energy storage system;

d.

The estimated decommissioning costs and how said estimate was determined;

e.

The method of ensuring that funds will be available for decommissioning and restoration;

f.

The method that the decommissioning cost will be kept current;

g.

The manner in which the battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

h.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

2.

Decommissioning Fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the City of Beaumont, in a form approved by the City for the removal of the battery energy storage system, in an amount to be determined by the City, for the period of the life of the facility. This fund may consist of a letter of credit from a licensed-financial institution. All costs of the financial security shall be borne by the applicant.

3.

Ownership Changes. If the owner of the battery energy storage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the project, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage facility shall notify the Planning Department of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Planning department in writing. The project and all approvals for the battery energy storage facilities would be void if a new owner or operator fails to provide written notification to the Planning Department in the required timeframe. Reinstatement of a void project or approvals will be subject to the same review and approval processes for new applications under this chapter.

F.

Performance Measures and Standard Conditions of Approval.

1.

The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities:

a.

Facilities shall not store any products, goods, materials, or containers outside of any building on-site.

b.

Facilities shall comply with Chapter 9.02 Noise Control of the Beaumont Municipal Code.

c.

Operators shall address any nuisance, safety issues or violations of conditions of approval within 48 hours of being notified by the city that an issue exists.

d.

Prior to the issuance of a certificate of occupancy or business license, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility and the decommissioning plan shall be recorded against title to the property as a covenant running with the land.

(Ord. No. 1142, § 6(Exh. C), 10-19-2021)

Chapter 17.12 - ADULT ENTERTAINMENT

The purposes of this Chapter are:

A.

To establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses, as defined herein, within the City of Beaumont.

B.

To establish reasonable and uniform regulations governing signs advertising adult entertainment businesses.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.12.020 - Definitions.

For the purpose of this chapter, certain terms and words are defined as follows:

A.

Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slide or other photographic reproductions which are characterized by an emphasis upon the depiction of "specific sexual activities" or "specific anatomical areas".

B.

Adult Bookstore. An establishment which has a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photograph, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

2.

Instruments, devices or paraphernalia which are designed for use in connection with "specific sexual activities".

C.

Adult Cabaret. A nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or film, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

D.

Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or

description of "specified sexual activities" or "specified anatomical areas". Only one registration per unit per 24 hours.

E.

Adult Motion Picture Theater. An establishment where for any form of consideration which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

F.

Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities".

G.

Establishment. As used in subsection C hereof, the "establishment" of an adult entertainment business shall mean and include any of the following:

1.

The opening or commencement of any such business as a new business;

2.

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;

3.

The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

4.

The relocation of any such business.

H.

Public Park. A park, playground, swimming pool, reservoir, golf course or athletic field within the City of Beaumont which is under the control, operation or management of the City of Beaumont, the County of Riverside, the Beaumont-Cherry Valley Park and Recreation District, or the State of California.

I.

Religious Institution. A building which is used primarily for religious worship and related religious activities.

J.

School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

K.

Sexual Encounter Establishment. An establishment, other than hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons can congregate, associate of consort in connection with "specified sexual activities" of the exposure of "specified anatomical areas". This definition does not include an establishment where medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.

L.

Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areole; or

2.

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

M.

Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following:

1.

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

2.

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

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

N.

Substantial Expansion. As used in subsection G hereof, the "substantial expansion" of adult entertainment business shall mean the increase in floor area occupied by the business by more than 25 percent as such floor area exists on the effective date of the section.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

No person shall cause or permit the establishment, substantial expansion of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within 1,000 feet of another such business, or within 1,000 feet of any religious institution, school or public park within the City of Beaumont, or within 600 feet of any property zoned for residential use or used for residential property, or within 300 feet of any property zoned for commercial purposes. Under no circumstances shall a "Massage Establishment" as defined in Section 5.44.020 be considered an "Adult Entertainment Business."

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business any religious institution, school or public park or any property zoned for residential use or used for residential purposes shall be measured in a straight line without regard to intervening structures, from the closest exterior wall of the adult entertainment business to the closest property line of the religious institution, school or public park or the property zoned for residential use or used for residential purposes.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

If any provision or clause of this Chapter or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Chapter provisions, clauses or applications thereof which can be implemented without the invalid provision, clause or application thereof, and to this end the provisions and clauses of this Chapter are declared to be severable.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

In addition to the sign regulation contained elsewhere in Title 17, the following restrictions shall apply to all premises used for an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, or sexual encounter establishment:

A.

Except as provided in this Chapter, only one sign shall be permitted on the premises. The sign shall be flush with the building and shall not extend above the height of the doorway of the main entrance of the business.

B.

Additional signs or signs not in conformity with the above restrictions shall be permitted only upon the approval of the Planning Commission or the City Council.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.13 - UNLICENSED GROUP HOMES

This Chapter is intended to preserve the residential character of a single-family residential neighborhood and further the purposes of state and federal housing anti-discrimination laws by, among other things:

A.

Ensuring that unlicensed group homes that seek special preference under the City's zoning code are actually entitled to such special preference and not simply skirting the City's boarding house and lodging house regulations;

B.

Limiting the commercial use of single-family homes;

C.

Promoting ownership and owner-occupation of single-family residences;

D.

Providing a suitable environment for family life by reducing noise, preserving safety and providing adequate on and off-street parking;

E.

Ensuring that unlicensed group homes are actually furthering the purposes of housing anti-discrimination laws; and

F.

Preventing the over concentration of unlicensed group homes that can impair the integrity of a single-family residential neighborhood and/or to prevent the creation of group home campuses or clusters than are inconsistent with State law and policy to limit the institutionalization of the disabled.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

An unlicensed group home may locate in a R-SF, R-TN or R-MF zone with a special use permit provided:

A.

An application for a special use permit or an unlicensed group home is submitted to the Community Development Director by the owner/operator of the unlicensed group home. The application shall provide the following:

1.

The name, address and phone number of the owner/operator;

2.

The name and phone number of the house manager;

3.

A copy of the unlicensed group homes rules and regulations which must include a policy prohibiting alcohol or non-prescribed drugs (other than over-the-counter medicine) on the premises and use thereof by any disabled occupant whether on or off the premises;

4.

Written intake procedures;

5.

The relapse policy;

6.

An affirmation that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside in the group home;

7.

Blank copies of all forms that all residents and potential residents are required to complete; and

8.

A fee for the processing of the application as may be set from time-to-time by the City Council; and

B.

The unlicensed group home has six or fewer occupants, not counting the house manager; and

C.

The unlicensed group home has a house manager who either resides at the unlicensed group home or any multiple of persons acting as a house manager who are present at the unlicensed group home on a daily basis and who are responsible for the day-to-day operation of the unlicensed group home; and

D.

The unlicensed group home is not located within 300 feet, as measured from the closest property lines, of any other state-licensed group home or group home issued a special use permit under this Chapter; and

E.

Any owner/operator of an unlicensed group home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the unlicensed group home until this information has been provided; and

F.

The unlicensed group home's rules and regulations must prohibit the use of any alcohol or any nonprescription drugs at the unlicensed group home or by any disabled resident either on or off-site. This rule and regulation shall be posted on site in a common area inside the Home. Any violation of this rule must be cause for immediate eviction under the unlicensed group home's rules for residency; and

G.

The unlicensed group home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol; and

H.

All garage and driveway spaces associated with the home shall, at all times, be available for the parking of vehicles. Residents and the house manager may store or park only a single vehicle per resident at the home or on any street within 300 feet of the home. The vehicle must be operable and currently used as his or her primary form of transportation; and

I.

It is not located in accessory living quarters.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The special use permit shall be denied by the Community Development Director or his/her designee and if already issued, any transfer shall be denied by the Community Development Director or may be revoked

upon a hearing by the Community Development Director or his/her designee under any of the following circumstances:

A.

Any owner/operator or staff person has provided any false or misleading information on the application or omitted any pertinent information.

B.

Any owner/operator or staff person has an employment history in which he or she was terminated because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

C.

Any owner/operator or staff person has been convicted of or plead nolo contendre to any of the following offenses:

1.

Sex offense for which the person is required to register as a sex offender under California Penal Code Section 290;

2.

Arson offenses - violations of Penal Code Sections 451—455 (last seven years); or

3.

Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last ten years);

4.

The sale or furnishing of any controlled substances (last seven years).

D.

Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

E.

Any owner/operator or staff person is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.

F.

The owner/operator fails to immediately evict any resident that uses alcohol or abuses any non-prescription drugs.

G.

The owner/operator accepts residents, other than a house manager, who are not disabled as defined under state and federal law.

H.

The address of the group home is located within 300 feet of any other licensed or unlicensed group home. If a licensed group home lawfully moves within 300 feet of an existing unlicensed group home this shall not cause the revocation of unlicensed group home's permit.

I.

For any other significant, repeated or refusal to remedy violations of this Chapter or any other applicable laws and/or regulations.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

In the event the special use permit is revoked pursuant to Section 17.13.030, no new application for the same or similar permit shall be accepted within one year of the date of revocation.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.14 - DEFINITIONS

This list of terms is designed to clarify the Zoning Ordinance's intent as it relates to land uses and development requirements. The word "shall" indicate a mandatory requirement, except when used in connection with an action or decision of the City Council or any City commission, board, or official. In these latter instances, the word "shall" shall be directory only. For general terminology used throughout this ordinance, the definitions used in the Uniform Building Code or accepted dictionaries of the English language, shall apply.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Words, terms, and phrases used in this Title 17 shall have the meanings usually ascribed to them, or as defined or used in state planning and zoning laws, or as defined in Section 17.08.030 of this Zoning Ordinance. For the purposes of this Zoning Ordinance, unless the context clearly indicates otherwise, certain terms used in herein are defined as follows:

A.

Words in the present tense include the future;

B.

Words in the singular number include the plural;

C.

Words in the plural number include the singular;

D.

The terms "shall" and "will" and "must" are mandatory;

E.

The term "his" is gender neutral and means his or her;

The word "shall" is mandatory; the word "may" is permissive. The present tense includes the future, the future includes the present. The singular number includes the plural, the plural includes the singular.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.14.030 - Definitions (A through Z).

A

Above-ground/On-ground Pool. See "Swimming pool".

Abut or Abutting. The same as meaning adjoining.

Access. The place, or way, by which pedestrians and vehicles are provided adequate and usable ingress and egress to a property or use as required by this Zoning Code.

Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code.

2.

A manufactured home, as defined at Section 18007 of the California Health and Safety Code.

Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same lot.

Accessory Use. A use incidental to, related, and clearly subordinate to the principal use established on the same lot or parcel of land where such accessory use is located.

Adjacent. Two or more lots or parcels of land separated by an alley, street, highway or recorded easement, or two or more objects located near or in close proximity to each other.

Adjoining. Two or more lots or parcels of land sharing a common boundary line, or two or more objects in physical contact with each other.

Affordable Unit. Refers to a housing development project in which 80 percent of the units shall be designated for very low-income households and 20 percent reserved for low-income households as those terms are defined in the Health and Safety Code.

Alley. A public or private right-of-way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining properties.

Amendment. A change in the wording, context, content, or substance of this Zoning Code or in the zoning map. Such changes must be adopted by ordinance by the City Council in the manner prescribed by law.

Amusement Arcade. Any place open to the public where five or more amusement games are maintained for use by the public. When only a portion of the premises is used for the operation of amusement games, only that portion shall be considered as an amusement arcade.

Amusement Game. Any entertainment device for which a fee is paid to play, including, but not limited to, pinball, video or other electronic games.

Animal Hospital. Shall mean a place where anima s or pets are given medical or surgical treatment and cared for during the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be only incidental to such hospital use.

Animals—Retail Sales. The retail sales of small animals (such as dogs, cats, birds, and fish), provided such activities take place within an entirely enclosed building.

Antique Shop. An establishment primarily engaged in the sale of antiques.

Apartment House. A building, or a portion of a building, designed or used for occupancy by three or more households living independently of each other and containing three or more individual dwelling units within a single structure.

Apartment Unit. A room or suite of two or more rooms with a single kitchen in a multiple-family dwelling, suitable for occupancy as a dwelling unit for one household.

Arcade. See "Amusement arcade".

Artists' Studio. A building containing work space and retail sales space for artists and artisans producing individual one-of-a-kind works of art, including individuals practicing a fine art, or skilled in an applied art or craft, provided that the use does not impact any other use or property with noise, odor, dust, vibration, or other nuisance. This classification includes, but is not limited to, painter's studios, ceramic studios, and custom jewelry studios.

Assessor. The Assessor of the County of Riverside.

Automobile Parking or Storage Facility means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping automobiles or recreational vehicles (including RV's, boats, watercraft, off-road

vehicles) or other vehicles, together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling.

Automobile Wrecking or Automobile Dismantling. A business establishment engaged in the dismantling and/or wrecking of automobiles, used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts.

Automobile Service Station. An establishment providing gasoline oil and other additives, and/or performing minor repairs and other customary services for automobiles and light vehicles, but excluding painting, body work steam cleaning, and major repairs.

Advertising Structure. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill,

Awning. Either a fabric covered appendage, or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building.

B

Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side.

Balcony, Unenclosed. A balcony open to the sky and not fully enclosed on more than two sides.

Balloon. A floating air-filled or gas-filled object tethered to a fixed location (also see "Sign, balloon").

Banks and Savings. A state- or federally chartered financial institution that provides retail banking

Barrier. A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

Bars and Cocktail Lounges. Establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use.

Basement. That portion of a building located between the ground level or first floor of a structure.

Battery. A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.

Battery Energy Storage Management System. An electronic system that protects storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.

Battery Energy Storage System. A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.

Bed and Breakfast Facilities. A residential structure that is occupied by a resident as his/her primary residence with one or more bedrooms rented for period of 30 consecutive days or fewer, and where meals may be provided.

Billiard Parlor. An establishment that provides five or more billiard and/or pool tables.

Boarding. A residence or dwelling, other than a hotel, wherein three or more rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence.

Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or property of any kind.

Building; Accessory. A detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land.

Building, Height. The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Ordinance.

Building, Main. A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any residential unit shall be deemed to be a main building upon the lot or parcel of land on which it is situated.

Building Material Sales. An establishment engaged in retailing or wholesaling of building supplies or equipment. This classification includes lumber yards and tool and equipment sales, but excludes businesses engaged in the retail sales of paint and hardware, building contractor's yards, and activities classified under "Equipment Leasing and Rentals."

Building Site. The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Ordinance.

Building Wall. The vertical surface, or any element thereof, including any structural member or group of structural members attached the vertical surface, that defines the exterior boundaries of a building.

Business and Trade School. An establishment which provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the applicable zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school.

C

Cabana. A structure containing not more than 700 square feet, not containing a kitchen.

Camp, Day. A facility with an organized daytime program involving the supervision and care of children.

Canopy. Has the same meaning as "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building.

Carport. A permanently roofed structure with no more than two enclosed sides, used or intended to be used for automobile shelter and storage.

Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

Cellar. See "Basement".

Centerline. The centerline of any street, as established by the City Engineer by official surveys, and on file in the Office of the City Engineer.

Check Cashing. A business that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state- or federally- chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.

Church. A facility used for religious worship and incidental religious education and/or activities, including a parsonage which shall be a maximum of 1,200 square feet or 50 percent of the assembly hall whichever is less. Setbacks and parking shall meet the residential single-family requirements. This definition does not include private schools as defined in this section of the Zoning Ordinance.

Child Care Center. A facility that provides non-medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. "Childcare center" includes day care centers and family day care homes.

City. Refers to the City of Beaumont.

Club, Private. Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. This definition does not include "Adult" business establishments.

Clubs and Lodges. A private or nonprofit organization providing meeting, recreational, or social facilities primarily for use by members and/or guests.

Commercial Printing. A business providing printing, blueprinting, photocopying, engraving, binding, or related services.

Commercial Vehicle. A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property.

Commission. Refers to the Planning Commission of the City of Beaumont.

Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

Communications Facilities. An establishment engaged in broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms. This classification includes, but is not limited to, radio, television, or recording studios, telephone switching centers, and telegraph offices.

Communications Facilities, Wireless. An unstaffed facility used for the transmission or reception of wireless telecommunication services, commonly consisting of an antenna array, connection cables, a support structure, and ancillary support facilities.

Community Center. A building, buildings, or portions thereof used for recreational, social, educational, and cultural activities where buildings and associated improvements are owned and/or operated by a public, nonprofit, or public serving group or agency.

Community Garden. Use of land for and limited to cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.

Condominium. An undivided interest in common in a portion of real property coupled with a separate interest in space called a "unit," the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The description of the unit may refer to: a) boundaries described in the recorded final map, parcel map, or condominium plan, b) physical boundaries, either in existence, or to be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, c) an entire structure containing one or more units, or d) any combination thereof. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. This term shall also include stock-cooperative developments.

Condominium Project. A common interest development consisting of condominiums.

Contractor or Building Materials Storage Yard means establishments which engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment associated with a construction or contractor's business licensed within the City of Beaumont.

Convalescent Facilities. A business establishment engaged in providing care on 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.

Convalescent Home. A home or establishment offering or providing lodging, meals, nursing, dietary, or other personal services to five or more convalescents, invalids, or aged persons, but shall not include surgery or the care of persons with contagious or communicable diseases.

Conversion (Condominium). A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing, as defined in this section, to a condominium, community apartment, planned development, stock cooperative, or common interest development.

County. Refers to the County of Riverside.

Court. An open, unoccupied space bounded on two or more sides by the walls of a building. "Inner court" is a court entirely enclosed within the exterior walls of a building. All other courts are referred to as outer courts.

Coverage. The percentage of total site area covered by structures, open or enclosed, excluding the following uncovered structures: steps, courts, patios, terraces, and swimming pools.

D

Dairy. Any premises where three or more cows, three or more goats or one or more cows and two or more goats, or two or more cows and one or more goats are kept, milked, or maintained.

Daycare Center, Adult. A state-licensed facility designed to provide necessary care and supervision to persons 18 years of age or older on less than a 24-hour basis. Adult day care centers include the various types of adult day services as defined under state law that include "adult day care facilities," "adult social day care facilities," and "adult day health care facilities."

Day Care Center, Children. A state-licensed facility, other than a family day care home, providing nonmedical care and supervision to children under 18 years of age on less than a 24-hour basis. Child day care centers shall include "day care centers" as defined under state law, which include infant centers, preschools, and extended day care facilities.

Deck. A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls.

Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.

Director and Director of Planning and Planning Director. Refers to the Community Development Director or his or her designee.

Drive-in Restaurant. Any building or structure in which food and drink are prepared for service to customers outside of such building or structure, even though the same is served to customers inside said building or structure or to customers occupying vehicles outside such structure and shall include self-service restaurants for take-out food.

Drive-thru. See "Establishment with drive-up service".

Driveway. An appropriately paved and privately-owned surface or road that provides access to off-street parking or loading facilities.

Dump. An area devoted to the disposal of combustible or non-combustible refuse.

Duplex. A structure consisting of two dwelling units.

Dwelling or Dwelling Unit. An attached or detached building containing one or more rooms wherein the occupants of each dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.

Dwelling, Multiple Family Residential. One or more buildings located on a lot containing a total of two or more dwellings within a structure.

Dwelling, Single-Family. An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.

Dwelling, Tri-plex. A building designed for occupancy by three families living independently of each other and containing three dwelling units under one common roof.

Dwelling, Two-Family or Duplex. An attached or detached building containing two Dwelling Units wherein the occupants of each Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit.

E

Efficiency Kitchen. A kitchen that includes the following:

1.

A cooking facility with appliances that can run on standard 120 volt outlets or natural or propane gas;

2.

A food preparation counter;

Storage cabinets that comply with minimum building code standards; and

4.

May include a single basin sink with a maximum waste line diameter of 1.5 inches.

Employee/Farmworker Housing. Housing as described in California Health and Safety Code Sections 17021.5 and 17021.6, and employee housing as defined in California Health and Safety Code Section 17008.

Energy Storage System. A system which stores energy and releases it in the same form as was input.

Establishment with Drive-up Service. A business or institution providing services accessible to persons who remain in their automobiles.

F

Façade, Building. The exterior wall of a building that is located above ground.

Family. One or more persons living together as a single housekeeping unit in a dwelling unit. A family includes the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.

Family Day Care Home, Large. A dwelling that regularly provides care, protection, and supervision for 12 or fewer children under the age of ten, in the provider's own home, for periods of less than 24 hours per day.

Family Day Care Home, Small. A dwelling that regularly provides care, protection, and supervision for one to six children inclusive, including children under the age of ten.

Firearm Sales or Firearms Business. An establishment having at least 25 percent of its gross floor area devoted to the sale of firearms, ammunition and ammunition components, and hunting or shooting equipment.

Floor Area, Gross. The total horizontal area of all the floors of a building included within the surrounding walls, exclusive of vent shafts and courts.

Floor Area, Net. The total useable floor area within all floors of a building included within the surrounding walls.

Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

Food and Beverage Sales. A business establishment where the primary use involves the retail sales of food and beverages for off-site preparation and consumption. Typical uses include grocery markets and delicatessens. This category does not include liquor stores.

Food Manufacturing. A business establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on-site, souvenirs, and ancillary tasting facilities for the public.

Frontage. The frontline of a site, separating the site from the street.

G

Garage, Parking Garage. A structure with a common vehicular entrance and exit which is used by vehicles in parking spaces and which otherwise conforms to the requirements of this Zoning Code.

Garage, Private. A detached accessory building, or a portion of a main building on the same lot, enclosed on three sides and with a door capable of enclosing the fourth side, for the parking or temporary storage of vehicles owned by the occupants of the premises.

General Plan. The General Plan of the City of Beaumont, consisting of the General Plan and Map, adopted by the City Council.

Grade, Existing. The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project.

Grade, Finished. The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project.

Grade, Ground Level. The average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.

Gradient. The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance.

Group Home (Unlicensed) or Unlicensed Group Home. A single-family dwelling unit with six or fewer occupants who are all (other than the house manager) considered disabled under state or federal law, but not licensed by the state.

Group or Community Care Facilities. Consistent with Health and Safety Code Section 1502, facilities licensed by the Community Care Licensing Division of the State Department of Social Services to provide 24-hour non-medical residential care to children and adults with developmental disabilities who are in need of personal services, supervision, and/or assistance essential for self-protection or sustaining the activities of daily living.

stent with Health and Safety Code Section 1502, facilities licensed by the Community Care Licensing Division of the State Department of Social Services to provide 24-hour non-medical residential care to children and adults with developmental disabilities who are in need of personal services, supervision, and/or assistance essential for self-protection or sustaining the activities of daily living.

Guest House. Refers to living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons permanently employed on the premises.

Guest Room. A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation.

H

Hazardous Waste. Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) exhibit toxicity, corrosivity, flammability, and/or reactivity; b) cause, or significantly contribute to, an increase in serious irreversible, or incapacitating

reversible, illness; or, c) present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Hazardous Waste Facility. All contiguous land, structures, other appurtenances, and improvements within a property, used for handling, treating, storing, or disposing of hazardous wastes.

Health and Physical Fitness Facility. A private athletic clubs and gymnasiums including, but not limited to, weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities.

Height. See "Building height".

Home Occupation. An occupational activity carried on by the occupant(s) of a residential dwelling as a secondary use in connection with which there is no display, no walk-in customers, no stock-in-trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes.

Hospital. A facility providing medical, surgical, psychiatric, and/or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees.

Hotel or Motel. One or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an interior court. Such facilities are designed to be used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests, and are offered primarily to patrons by signs or other advertising media. This classification may contain public meeting rooms and eating, drinking, and banquet services associated with the facility.

Hot Tub. See "Swimming pool".

Household. A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit.

Household Pet. A domesticated animal commonly maintained within a residence.

I

Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area.

In-ground Pool. See "Swimming pool".

J

Junior Accessory Dwelling Unit (JADU). A residential unit that is consistent with the following:

1.

Is no more than 500 square feet in size;

Is contained entirely within an existing or proposed single-family structure;

3.

Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

4.

Includes an efficiency kitchen.

Junk Yard. The use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials.

K

Kennel. Any lot or premises on which four or more dogs or cats at least four months of age are boarded or trained.

Kitchen. A room in a building or dwelling unit that is used in the cooking or preparation of food.

L

Laboratory. An establishment providing analytical or testing services, including, but not limited to, chemical labs, dental-medical labs, optical labs, and labs conducting mechanical, electrical, physical, or environmental tests, as well as research and development.

Landscaping. The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or man-made origin if used to accent or complement, but in no case imitate, the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences.

Liquor Store. A business establishment having at least 50 percent of its gross floor area used for the sale of alcoholic beverages intended for off-site consumption.

Loading Space. An off-street space on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress.

Lodging House. A residence or dwelling, other than a hotel, wherein lodging and meals are provided to four or more persons for compensation, whether direct or indirect. In determining the number of persons lodging in a lodging house, all residents shall be counted, including an owner, agent or manger.

Lot. Real property with a separate and distinct number or other designation shown on a plat recorded in the Office of the County Recorder as a part of an approved subdivision, shall also mean (1) a parcel of real

property when shown as a delineated parcel of land with a number of other designations on a plat recorded in the Office of the County Recorder of Riverside County; or (2) a parcel of land the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the Office of the County Recorder of Riverside County; (3) a parcel of real property not delineated as in (1) or (2) above, and containing not less than the prescribed minimum square footage required in the zone in which it is located and which abuts at least one public street, and alley or a private easement determined by the Commission to be adequate for purposes of access from a street; (4) a parcel of land registered under Land Title Law (Torrens Title) and held under separate ownership from adjacent property on the effective date of this Ordinance.

Lot, Area. The total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land.

Lot, Corner. A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot.

Lot, Cul-de-sac. A lot fronting on, or with more than one-half of its lot frontage, on the turnaround end of a cul-de-sac street.

Lot, Depth. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

Lot, Interior. A lot other than a corner or reverse corner lot.

Lot, Key. Any lot where the side property line abuts the rear property line of one or more lots, and where such lots are not separated by an alley or any public way.

Lot Line. Any line bounding a lot as defined in this section.

Lot Line, Exterior. A lot line abutting a street.

Lot Line, Front. On an interior lot, the front lot line of the property line abutting the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street. On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the Zoning Administrator shall determine which property line shall be the front lot line for purposes of compliance with the setback provisions of this Zoning Code.

Lot Line, Interior. A lot line not abutting a street.

Lot Line, Rear. A lot line not abutting a street that is opposite and most distant from the front lot line. For triangular lots where there is no rear lot line, the rear lot line shall be defined as the point at which the side lot lines intersect.

Lot Line, Side. Any lot line that is not classified as a front lot of line or rear lot line.

Lot Line, Zero. A lot line that does not have any side-yard setback.

Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear.

Lot, Through. A lot having frontage on two parallel or approximately parallel streets. A through lot may have no rear lot line.

Lot; Width. The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance located midway between the front and rear lot lines.

Low Barrier Navigation Centers. Consistent with Government Code Section 65660, Housing First, lowbarrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

M

Main Building. A building that is designed, and used for, or intended to be used, to accommodate the principal use on the lot. In residential zones, any dwelling shall be considered the main building on the lot.

Maintenance and Repair Services. An establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair, or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats, or ships.

Mansard or Mansard Roof. A roof having two slopes on all sides with the lower slope steeper than the upper one.

Manufactured Housing. A mobile home, or manufactured housing unit, as defined by and installed in accordance with California Health and Safety Code Section 18008 and 18551, respectively, and factorybuilt housing as defined by California Health and Safety Code Section 19971.

Medical Clinic. Any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include inpatient or overnight accommodations. Activities included within this definition are health centers, health clinics, and doctors' offices.

Mini-storage, Mini-warehouse, Self-storage or Public-storage means an operation serving the public where customers rent or lease, or self-store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities.

Mobile Home. A movable or transportable vehicle, other than a motor vehicle, intended for occupancy for one family, and having no foundation other than jacks, piers, wheels or skirtings. All mobile homes located on lots must be a minimum of 450 square feet, with a minimum of ten feet in width. All mobile homes must have a complete sanitary facility, including a lavatory, flush type toilet, tub or shower, and kitchen sink, all connected to sewage outlets in conformity with state, county and health requirements.

Mortuary. An establishment providing services such as preparing the deceased for burial, and arranging and managing funerals and related services, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums.

Motel. One or more buildings containing more than five completely furnished individual guest rooms with one or more such rooms or units having a separate entrance leading directly from the outside of the building or an inner court. Such facilities are designed, used, or intended to be used, rented or hired out as temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients. Motels include auto courts, motor lodges, and tourist courts.

N

Nonconforming. A building and/or improvement, or portion thereof, which does not conform improvement to current Zoning Code regulations. Nonconforming use, any use of land or property that was lawfully established and in effect at the lawful or legal time this Zoning Code or any amendment became effective, but no longer complies with all of the applicable regulations and standards of the zone in which the use is located. Nonconforming any structure or improvement that was lawfully established and in existence structure, lawful at the time this Zoning Code or any amendment became effective, but no or legal longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

O

Offices. Administrative, clerical, or public contact offices of a government agency, government including postal facilities, together with incidental storage and maintenance of vehicles.

Offices, Medical. Offices or health facilities providing health services, including without limitation, preventative and rehabilitation treatment, diagnostic services, and testing and analysis, but excluding inpatient services and overnight accommodations. This classification includes without limitation offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to such offices.

Offices, Professional. Offices for firms or organizations providing professional, executive, management or administrative services, such as architectural, engineering, real estate, insurance, investment, or legal offices. This classification excludes savings and loan associations, banks, and medical offices.

Off-Street Parking Facility. A lot, or portion thereof, improved and used for the parking of vehicles, including, but not limited to, enclosed garages and parking structures, open parking areas, aisles, driveways, and appurtenant landscaped planters and their improvements.

Open Space, Useable (Useable Open Space). Open space upon the lot or parcel to which it is appurtenant, which can be used by inhabitants of the property for outdoor living, activity and/or recreation and may include landscaping. Each linear dimension of such space shall be a minimum of six feet. Balconies may be credited as "usable open space" provided they each have linear dimensions of a minimum of five feet. Enclosed recreation or multi-purpose activity rooms may be credited as "usable open space." All such areas shall be readily accessible to the inhabitants of the property. "Usable open space" does not include driveways, open or covered parking areas, utility space such as trash or garbage areas, or space occupied by the required front yard setback.

The computation of usable open space provided shall be as follows:

The following areas shall be computed at 1.25 times the area actually devoted to such use:

a.

Private patios, when directly accessible to the dwelling unit to which it is appurtenant; such patios shall be completely enclosed on all sides by a fence which is a minimum of five feet in height;

b.

Balconies and lanais, when directly accessible to the unit to which they are appurtenant; such balconies and lanais must have a minimum dimension of five feet;

c.

Swimming pool areas, including the hard surface deck, which normally surrounds such pools. Deck area more than 25 feet from the edge of the pool will not be counted as open space under this; and

d.

Recreation activity rooms, provided these rooms are permanently maintained for the use of tenants for various recreation activities. Such activity rooms shall not include lobbies, but may include common steam rooms, sauna baths, or the like.

2.

All other areas meeting usable open space requirements shall be credited with the actual area (square feet) provided.

3.

No area will be considered as usable open space if it has any dimension less than six feet except balconies.

Outdoor Advertising. The use of signs or other measures soliciting public support or directing public attention to the sale, lease, hire, or use of any objects, products, services, or functions which are not produced, sold, or otherwise available on the premises where such signs are erected or maintained.

Outdoor Living Space. Either an open passive landscaped area specifically designed, improved, and maintained to enhance the architectural design, privacy, and general environmental quality of a residential development or an easily accessible public or private activity area specifically designed, improved, and maintained for outdoor living and/or recreation by occupants of the residential development.

Outdoor Storage Use means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment.

P

Parcel. A contiguous quantity of land owned by, or recorded as the property of, the same claimant or person.

Parking Space. A space within an off-street parking facility that has the minimum attributes of size, location, and design specified in Article 21 (Parking requirements) of this Zoning Code.

Parks and Recreation Facilities. Uses that include, but are not limited to, land and interests in land; swimming pools; tennis, volleyball and basketball courts; baseball grounds; play areas; turf; sprinkler systems; community center buildings; recreation buildings; and other works, properties, structures, and facilities necessary or convenient for public park, playground, or recreation purposes.

Pawn Shop. A business establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property.

Performance Art. A public building used for theatrical performances, concerts, recitals, and facilities similar entertainment. This classification excludes commercial cinemas or theaters.

Personal Convenience Service. A business establishment providing recurrently needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), self-service laundromats, and similar services. This classification excludes massage parlors, tattoo parlors, and/or skin piercing establishments.

Personal Improvement Service. A business establishment providing instructional services or facilities, including, but not limited to, photography, fine arts, crafts, dance or music studios, driving schools, modeling agencies, reducing salons, and health or physical fitness clubs. Incidental instructional services associated with a retail use shall be classified as "retail sales" rather than "personal improvement services."

Planned Unit Development. The planning, construction, or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project.

Plant Nursery. A site used to raise trees, shrubs, flowers, and other plants for sale or for transplanting, and where all merchandise (other than plants) is kept within an enclosed building or fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

Porch. A permanent projection attached to the entrance of a building, which is has a roof but is not fully enclosed.

Pre-existing. In existence prior to the effective date of this Ordinance.

Public Building. A building owned and operated by a public agency for public use.

Public Safety Facility. A public facility providing public safety and emergency services, including police and fire protection, and associated support and training facilities.

Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Public Utility Facility. A building or structure used by any public utility including, but not limited to, any gas treatment plant, reservoir, tank, or other storage facility, water treatment plant, well, reservoir, tank or other

storage facility, electric generating plant, distribution or transmission substation, telephone switching or other communications plant, earth station or other receiving or transmission facility, any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility. The term "public utility" shall include every gas, electrical, telephone and water corporation serving the public or any portion thereof for which a certificate of public convenience and necessity has been issued by the State Public Utility Commission.

Q

R

Recharging Stations. An area where equipment is provided to recharge an electric vehicle.

Recreational Facility. A publicly owned and operated recreational structure or building, such as a tennis court, swimming pool, multi-purpose community building, or similar use.

Recyclable Material. A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re-manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Section 25250.11 and Section 25143.2(b)(4) of the State Health and Safety Code.

Recycling Facility. A center for the collection and/or processing of recyclable materials. "Certified recycling facility" or "certified processor" refers to a recycling facility certified by the State Department of Conservation as meeting the requirements of the State Beverage Container Recycling and Lifter Reduction Act of 1986. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use, and used solely for the recycling of material generated by such residential property, business, or manufacturer.

Recycling, Collection Facility. A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase.

Recycling, Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an enduser's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re-manufacturing.

Renewable Energy. Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients.

Rental Units. A housing unit leased for the occupancy of a residential household.

Residence. One or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations.

Residential Care Facility, Licensed. A residential care facility licensed or supervised by any federal, state, or local agency, which provides housing and nonmedical care for children, elderly persons, or physically and

mentally handicapped persons in a family-like environment. These facilities include the following:

1.

An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in State of California Health and Safety Code section 1267.8;

2.

A community care facility as identified in State of California Health and Safety Code section 1566.3;

3.

A residential care facility for the elderly as identified in State of California Health and Safety Code section 1569.85;

4.

An alcoholism or drug abuse recovery or treatment facility as identified in State of California Health and Safety Code section 11834.02;

5.

A home for the care of mentally disordered or otherwise handicapped persons as identified in State of California Welfare and Institutions Code section 5116;

6.

A home for the care of dependent and neglected children as identified in the State of California Welfare and Institutions Code section 300, but not including wards of the court as identified in the State of California Welfare and Institutions Code section 601ff.

Rest Home. See "Convalescent home".

Restaurant, Sit Down. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools. This use may include incidental delivery service utilizing no more than two delivery vehicles.

Restaurant, Fast-Food. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to customers from a serving counter in disposable containers or wrappers and where food and meals are generally prepared in advance for immediate sale, and which may include inside seating, drive-through service, delivery service, and takeout/carry-out service.

Restaurant, Delivery. A place where orders for food and beverages may be placed in person or by telephone, facsimile, copier, or other off-site means of communication, from a limited menu, and which orders are delivered to a location directed by the customer.

Restaurant, Take-out. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverages are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises.

Retail Sales. A business establishment engaged in the retail sale of merchandise not specifically listed under another use classification as defined in this section. This classification includes, but is not limited to: department stores, clothing stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, books, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). This classification excludes thrift shops and pawnshops.

Room. An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

S

School, Elementary, Junior High, and High. An institution of learning which offers instruct on in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.

School, Private. An educational institution having a curriculum comparable to that required in the public schools of the State of California.

Secondary (or second) Unit. A detached dwelling unit that provides complete, independent living residential unit facilities for one or more persons. A secondary residential unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot on which the primary unit is situated.

Senior Housing. A housing development project in which 100 percent of the project rental units are intended to be occupied by persons who are 62 years of age or older, or married couples, of which one spouse is over 62 years of age.

Service Station. See "Vehicle, service station".

Setback. A required open space on an improved lot that is unoccupied by buildings and unobstructed by structures from the ground upward, except for projections and accessory buildings permitted by the provisions of this Zoning Code. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building, enclosed or covered porch, or other structure.

Setback, Between. A required open space between separate buildings or between separate buildings or dwelling units on the same lot or building site. Such setback shall be setback between measured as the minimum distance between the nearest vertical support dwelling units or wall of each building or enclosed or covered porch.

Setback, Exterior Side. A side setback abutting a street.

Setback, Front. A setback extending across the full width of the front of the lot, the minimum and/or average dimensions of which are determined by the property development standard of the applicable zone

in which such lot is located.

Setback, Rear. A setback extending across the full width of the rear of a lot, the minimum and/or average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located.

Setback, Side. A setback extending from the required front setback to the required rear setback, or to the front and/or rear property lines where no front and/or rear setback is required by the provisions of this Zoning Code, the minimum and average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located.

Sign. Any card, cloth, plastic, paper, metal or other material or painted character visible from outside of a structure for advertising purposes, mounted to the ground or any, tree, building, wall, bush, rock, fence or structure, whether privately or publicly owned. "Sign" means any graphic announcement, declaration, demonstration, display, illustration, insignia or object used to advertise or promote the interest of any person or business when the same is placed out-of-doors in view of the general public. This definition shall not include the display of. the American flag, flag of the State, county, public entity or City flag.

Sign, A-Frame. A freestanding sign usually hinged at the top or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and are not considered to be permanent signs or displays.

Sign, Animated Signs. Signs designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement. Animated signs do not include flags and banners, time and temperature signs.

Sign, Announcement or Bulletin Board Signs. Signs permanent in character designed to accept changeable copy, handbills, posters and matters of a similar nature.

Sign, Area of Sign. The area of a sign shall include the entire area within a series of rectangles whose outermost boarders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The supports or uprights on which any sign is

supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign.

Sign, Awning Sign. A sign painted or printed on the exterior surface of an awning. An alternative to a wall sign, permitted as same.

Sign, Balloon. One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment.

Sign, Banner. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.

Sign, Billboard. A sign that directs attention to a business, profession, product, commodity or service offered on the site on which the sign is located.

Signs, Changeable Copy. Copy for temporary use which is changed at periodic intervals and which may be utilized on pylon, monument, wall, bulletin board or announcement signs.

Sign, Commercial Complex. Any group of three or more commercial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage.

Sign, Construction Signs. Signs stating the names of those individuals or businesses, such as architects, engineers, contractors, or owners directly connected with a construction project and/or the name of the project, the address of the business, and emergency telephone numbers.

Sign, Directional Signs. Signs which contain any of the following words: "Entrance", "enter", "out", "oneway" or other words, or words which contain nonflashing arrows or other characters indicating traffic direction.

Sign, Electronic Message Sign. A sign having the capability of presenting variable message displays, including time and temperature, by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically.

Sign, Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, religion, etc. It may or may not contain any copy.

Sign, Flashing Signs. Lighted signs which in whole or in part disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights as in those types generally referred to as "nervous" signs, arrows, stars, etc., and/or beacon signs.

Sign, Freestanding. A sign that is completely supported by structures or other supports that are placed on or anchored in the ground and are independent from any building or other structure.

Sign, Height of Signs. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially increase the height of a sign.

Sign, Monument Signs. A sign with an overall height of six feet or less, standing directly on the ground or on a base of where supporting poles or structures, if any, are enclosed by decorative covers.

Sign, Nameplate. Signs naming the occupant of the premises, the business and/or address.

Sign, Off-site Signs. Any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located.

Sign, Painted Signs. Signs painted on the exterior surface of a building or structure. Painted signs do not

Sign, Pennant. A device generally made of flexible materials, usually cloth, paper or plastic. A pennant may or may not contain any copy and is primarily intended to draw attention.

Sign, Pylon Sign. A sign with an overall height exceeding six feet and having one or more decorative supports permanently attached directly into or upon the ground.

Sign, Political Signs. Political signs are signs setting forth a political message with respect to an upcoming federal, State or local governmental election.

Sign, Portable Signs. Signs not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs and signs attached to a fence/wall.

Sign, Poster Signs. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.

Sign, Projecting Signs. Signs including wall signs which are suspended from or supported by a building or wall and which project from said building or wall.

Sign, Real Estate Signs. All signs and sign structures relating to the sale, lease or other disposition of the real property on which the sign is located, and which are temporary in nature.

Sign, Revolving Signs. Signs, all or a portion of, which rotate in a constant, circular manner.

Sign, Roof Signs. Any sign supported by or attached to or projecting through the roof of a building or structure or projecting above the eave line or parapet wall of the building or structure.

Sign, Special Event Sign. A temporary sign, which advertises special events and activities such as grand openings, charitable events, Christmas trees, fireworks, or as specified by the Planning Director.

Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.

Sign, Temporary Signs. Signs erected for a temporary purpose not exceeding 45 days, including banners, pennant valances, streamers, balloon signs, inflated devices, search lights, beacons, costumed or live persons, moving stuffed animals, or advertising light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object.

Sign, Time and Temperature Sign. An electronically controlled sign with illuminated flippers or light bulbs for the sole purpose of displaying the time, and temperature (F. and/or C.) at intermittent intervals. Under Canopy Signs. A sign with a single or double face copy attached to the underside of a projecting canopy perpendicular to the building frontage.

Sign, Unofficial (Non-Regulatory) Signs. Signs located on public property (e.g., street or median island, parkway, sidewalk, traffic control sign posts, utility poles, park land, trees, etc.).

Sign, Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles.

Sign, Wall Signs. Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 12 inches from the building or structure wall.

Sign, Window Signs. Signs painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building.

Sign, Wall Murals. The decoration on the exterior surface of a structure with scenic, architectural or artistic paints which in themselves do not identify or advertise any product, service or business. A wall mural is a sign if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business.

Snack Shop. A business establishment that is maintained, operated, and/or advertised or held out to the public as serving snack foods, such as donuts, ice cream, yogurt, candy, cookies, bakery items, beverages, and similar items to be consumed either on the premises or off the premises.

Solid Fill. Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions.

Spa, Non-Portable. See "Swimming pool".

Spa, Portable. A non-permanent structure intended for recreational bathing, in which all controls, waterheating, and water-circulating equipment are an integral part of the product and which is cord-connected (not permanently electrically wired).

Story. "Story" as defined in the currently adopted and effective Uniform Building Code of the City.

Story-Half. A story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.

Street. A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. "Street" shall include all major and secondary highways, traffic collector streets, and local streets.

Street, Center line. See "Center line".

Street Line. The boundary line between the street right-of-way and abutting property.

Street/Craft Fairs/Farmer's Market—Ongoing/reoccurring. Temporary event that regularly reoccurs (e.g. weekly Farmer's Market).

Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters.

Structure. Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts jointed together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios.

Supportive Housing. Consistent with Health and Safety Code Section 50675.14, housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Swap Meet. Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term "swap meet" is interchangeable with, and applicable to, flea markets, auctions, open air markets, farmer's markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations.

Swimming Pool. Any structure intended for swimming, diving, or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.

Swimming Pool, Indoor. A swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure.

Swimming Pool, Outdoor. Any swimming pool which is not an indoor pool.

Structure Advertising. A structure existing, erected, or maintained to serve exclusively as a stand, frame, or background for the support or display of signs.

T

Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.

Target Population. Consistent with Health and Safety Code Section 50675.14, persons, including persons with disabilities, and families who are "homeless." as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code. Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.

Target Unit. A dwelling unit within a housing development, reserved for sale or rent to, and affordable to, lower- or moderate-income households.

Thrift Shop. A business establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops.

Tire. A rubber covering, typically inflated or surrounding an inflated inner tube, placed around a wheel to form a flexible contact with the road. May include new or used tires.

Tire Repair. The process of mending a hole, tear, fissure or blemish in a tire by including but not limited to grinding, gouging, applying adhesive or filling a hole or crevice with rubber.

Tire Store. An establishment where the sale, installation or storage of new or used or retread tires and tubes is conducted with or without other products or services. Tire store does not include a retreading establishment, collection, reduction or transfer of tires.

Townhouse. A single-family dwelling which visually appears to share one or more common walls with an adjacent single-family dwelling, but which, in fact, is structurally and functionally independent of any other single-family dwelling.

Trailer Coach. Any vehicle, with or without motor power, designed or used for human habitation and constructed to travel on the public thoroughfares in accordance with the provisions of the California State Vehicle Code.

Trailer Park. A site designed and equipped for the harboring, parking, or storing of one or mobile home park more trailers or mobile homes being used as living and/or sleeping quarters.

Trailer Site. That portion of a trailer park designated for use or occupancy of one trailer coach and including all appurtenant facilities.

Transfer Station. An area, including any necessary building or structures, for the temporary waste storage and the salvage of rubbish, garbage, or industrial waste. This definition also includes material recovery facilities.

Transit Stations and Facilities. Facilities for passenger transportation operations, such as rail (e.g., Metrolink) but does not include airports or heliports.

Transitional Housing. Consistent with Government Code Section 65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Triplex. A structure containing three individual residential dwelling units.

Truck Yard or Truck Terminal means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping trucks, tractors, construction equipment and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business engaged in the storage and distribution of goods having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time but excluding trucking accessory to another industrial use on the site.

U

Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of a construction, including connections and electrical plans, if any, and

shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application.

Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained.

V

Variance. A modification of a literal provision of this Zoning Code, granted by an administrative or quasijudicial act in accordance with the provisions of this Zoning Code.

Vehicle. A business engaged in the washing, waxing, cleaning, and/or detailing of automobile washing automobiles or similar light vehicles.

Vehicle Body. A business establishment involved in the repairing, restoring, and/or painting and fender shop of the bodies of motor vehicles.

Vehicle Rentals. A business engaged in the sale, lease and/or rental of automobiles and light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box-type bed less than nine feet in length), including storage and incidental maintenance and repair.

Vehicle Repair Garage. Any site and improvements used for the repair and maintenance of automobiles, motorcycles, light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box-type bed less than nine feet in length), or other similar passenger vehicles licensed by the State Department of Motor Vehicles. This classification shall not include the repair or maintenance of motor homes or commercial vehicles as defined in Section 3-7.901 of this Zoning Code. "Motor vehicle repair garage" shall be construed broadly to include the place where the following types of commonly-known garage or shop activities occur: tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission overhaul, and installation of car alarms and car stereos. "Motor vehicle repair garage" shall not include automobile wrecking, dismantling, or salvage, motor vehicle body and fender shops, or tire retreading or recapping.

Vehicle, Service. A business establishment primarily engaged in the retail sale of vehicle fuel station and lubricants. This classification includes facilities having service bays for vehicle service and repair. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of a motor vehicle; minor tune-up; lubrication and parts replacement; non-mechanical carwashing, polishing, and waxing; and other light work related to preventive maintenance and upkeep, but may not include maintenance and repair of large trucks or other large vehicles, or body and fender work on any vehicles.

Vehicle Towing/Storage. A business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling.

Visual Obstruction. Any physical obstruction which limits the visibility of persons in motor vehicles or pedestrians approaching intersecting or intercepting streets, alleys, driveways, or other public rights-ofway.

W

Wall or Fence. A structure forming a physical barrier, including, but not limited to, concrete, concrete block, wood, or other materials which are solid and are so assembled as to form a barrier.

Warehouse Retail. An off-price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public.

Warehouse Retail, Specialty. An off-price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers.

Washroom. Any building, which contains individual laundry facilities and/or bathroom facilities but does not include kitchen facilities.

Wholesaling, Distribution and Storage. A business engaged in storage and distribution and having five or fewer heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time. Wholesaling establishments may include no more than ten percent or 1,000 square feet of floor area, whichever is less, for the incidental direct sale to consumers of only those goods distributed wholesale. This classification excludes "Mini-warehouses or self-storage facilities" and "Vehicle towing/storage."

Wholesale Dry-Cleaning Plant. A dry-cleaning establishment having at least 51 percent of its gross sales to licensed dry cleaners.

Wind Energy Conversion System. A machine and or equipment that creates electricity from wind energy.

X

Y

Yard. An open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.

Yard, Front. A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line, and the front elevation of the structure located on the parcel.

Yard, Rear. A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

Yard, Side. A yard extending from the required front yard, or the front lot line where no front yard is

required, to the required rear yard or the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street side, where said side lot line is coterminous with the street line of a fully-widened street or the ultimate street line of a partially-widened street, and a line parallel thereto on the lot or parcel of land.

Z

Zoning Map. The Official Zoning Map delineating the boundaries of zones within the City of Beaumont.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1137, § 5(Exh. B), 8-3-2021; Ord. No. 1141, § 6(Exh. B), 10-5-2021; Ord. No. 1142, § 5(Exh. B), 10-19-2021; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

Chapter 17.15 - ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS)

The purpose of this Chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code Sections 65852.2 and 65852.22.

(Ord. No. 1149, § 4(Exh. A), 10-4-2022; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.15.020 - Applicability.

A.

This Chapter establishes standards for ADUs and JADUs where allowed by Sections 17.03.120 (Permitted uses for Base Zone Districts), 17.03.150 (Permitted uses for Overlay Zone Districts), and 17.19.120 (Permitted uses for Downtown Base Zone Districts).

B.

Where this Chapter does not contain a particular standard or procedure, applicable standards and procedures in this Zoning Code shall apply unless otherwise stated.

C.

An ADU or JADU that conforms to the development standards in this Chapter is deemed to be an accessory use and shall not count towards the overall density for the lot on which it is located.

(Ord. No. 1149, § 4(Exh. A), 10-4-2022; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

A.

Single-Family Dwellings. On lots with an existing or proposed single-family dwelling, up to one ADU and one JADU shall be allowed.

B.

Multifamily Dwellings. On lots with existing or proposed attached multifamily dwellings, the following shall be allowed:

1.

Up to two detached ADUs, provided each detached ADU is no more than 16 feet in height and has side and rear yard setbacks of at least four feet; and

2.

Non-habitable portions of the existing main structure may be converted to an ADU(s) provided that the maximum number of such ADUs shall not exceed 25 percent of the number of multifamily units, and each ADU complies with Building Code standards.

(Ord. No. 1149, § 4(Exh. A), 10-4-2022; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.15.040 - Permit process, timing, and fees.

A.

Administrative Plot Plan Required. ADUs and JADUs shall require plot plan approval by the Community Development Director subject to the finding that the ADU or JADU complies with this Zoning Code and Government Code Sections 65852.2 and 65852.22 as applicable. A building permit shall also be required for construction of an ADU or JADU.

B.

Ministerial Review Required.

1.

The City shall act on an application to create an ADU or JADU, either by approving the application or sending a notice of deficiency, within 60 days of receipt of a complete application. Such applications resubmitted in response to a notice of deficiency shall be approved or a notice of deficiency sent within 60 days.

2.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered ministerially without discretionary review or a hearing.

C.

Impact and Utility Fees. Prior to issuance of a building permit for an ADU or JADU, the applicant shall pay all applicable fees.

1.

No impact fees shall be imposed on a JADU or an ADU less than 750 square feet in size.

2.

Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

3.

For the purposes of this section, "impact fee" means a "fee" as defined in Government Code Section 66000(b) and a fee specified in Government Code Section 66477. Impact fees do not include any connection fee or capacity charge for water or sewer service.

4.

If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling shall be required.

5.

Installation of a separate direct connection between an ADU or JADU contained within an existing structure and the utility shall not be required. ADUs not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the ADU on the water or sewer system based upon either its size or number of plumbing fixtures as determined by the City.

(Ord. No. 1149, § 4(Exh. A), 10-4-2022; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.15.050 - General ADU and JADU requirements.

A.

No Separate Conveyance. An ADU or JADU may be rented, but no ADU and JADU may be sold or otherwise conveyed separately from the primary dwelling unit, nor shall the lot containing the ADU or JADU be subdivided, unless the property was built or developed by a qualified nonprofit corporation and all provisions of Government Code Section 65852.26 are met.

B.

Short-Term Rental Use Prohibited. No ADU or JADU may be rented for a term that is shorter than 30 days.

C.

No Minimum Parcel Size. No minimum parcel size shall be required to establish an ADU or JADU.

D.

Minimum Unit Size. The minimum size of an ADU or JADU is 150 square feet ("efficiency unit" per Health and Safety Code Section 17958.1).

E.

Entrances. The main entrance to an attached ADU or the exterior entry of a JADU may not be located on the front of the primary unit.

F.

Second Story Units. New second-story windows in an ADU or JADU that are 25 feet or less from a property line shall incorporate at least one of the following:

1.

The proposed second-story window of the ADU or JADU shall be positioned such that the window sill is at least five feet above finished floor; or

2.

The proposed second-story window of the ADU or JADU shall utilize frosted or obscured glass in the glazing portion of the window (i.e., glass that is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable).

G.

Colors and Materials. An ADU shall have matching colors and materials as the primary dwelling unit (i.e., use of the same wall and trim material or wall and trim material that visually appears the same as the primary dwelling unit, including color and texture).

H.

Fire Sprinkler Requirements. ADUs and JADUs shall not be required to include fire sprinklers if they are not required for the primary residence.

I.

Existing Nonconforming Conditions. An ADU or JADU shall not be required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

J.

Rental Data. The owner of the lot on which an ADU or JADU is located will be requested to participate in the City's monitoring program to determine rent levels of ADUs and JADUs for the City's Regional Housing Needs Allocation reporting.

K.

Deed Restriction. A deed restriction shall be recorded against the lot containing the ADU or JADU with the Riverside County recorder's office prior to issuance of any certificate of occupancy for the ADU or JADU. The deed restriction shall run with the land and may be enforced against future property owners. Among other requirements, the deed restriction shall state that the ADU or JADU may not be transferred or sold separately from the primary dwelling. The form of the deed restriction shall be provided by the City.

L.

ADU Removal. If an ADU or JADU is removed or converted to another use after a certificate of occupancy has been issued for the ADU or JADU, any deviations from development standards (e.g., setbacks, parking) or exemptions granted specific to the ADU or JADU use (e.g., reduced or exempt fees) shall be brought into compliance with the standards and regulations in effect at the time. Upon approval of the reversion request by the City, the deed restriction applicable to the ADU or JADU shall be rescinded from title.

(Ord. No. 1149, § 4(Exh. A), 10-4-2022; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.15.060 - Additional accessory dwelling unit (ADU) standards

A.

Maximum Size. The maximum size of a detached or attached ADU is 850 square feet for a studio or onebedroom unit and 1,200 square feet for an ADU with two or more bedrooms.

1.

ADUs created from the conversion of existing space may exceed these size limits.

2.

An addition of up to 150 square feet to accommodate ingress and egress for an ADU created from the conversion of an existing accessory structure shall be exempt from the maximize size standard.

B.

Setbacks.

1.

Front setbacks shall be those established by the applicable zone district.

2.

Minimum side and rear setbacks shall be four feet or the setback for the applicable zone district, whichever is less.

3.

If a detached ADU would be constructed in the same location and to the same dimensions as an existing structure, the ADU may maintain the same setbacks as the existing structure.

C.

Height. Height shall not exceed the height of the main unit or 16 feet, whichever is greater.

D.

Parking.

One off-street parking space shall be provided for each ADU. The parking space may be provided as tandem parking and may be located in setbacks, but not in the front yard unless on the driveway.

2.

When a garage, carport, or covered parking structure is demolished in conjunction with construction of an ADU or is converted to an ADU, those off-street parking spaces shall not be required to be replaced.

3.

Parking for an ADU shall not be required in the following situations:

a.

The ADU is located within one-half mile walking distance of public transit.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the proposed or existing primary residence or an existing accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the ADU.

e.

When there is an established car share vehicle stop located within one block of the ADU.

E.

Design.

1.

A newly constructed detached ADU shall be located behind the street-facing façade of the primary unit.

2.

When a garage is converted to an ADU, the garage door shall be removed and replaced with either windows or a door (provided the door does not face the street if it is an attached ADU). Windows and doors shall be of the same size, proportion, and spacing as the primary dwelling unit.

3.

A solid fence six feet in height or vegetative screening/plantings of species with a mature height of at least ten feet shall be located or constructed along interior side and rear property lines adjacent to the ADU if the

ADU is located less than ten feet from respective property lines.

F.

Other Standards. Lot coverage, open space, and floor area ratio limitations, where applicable, shall not preclude the development of an ADU of up to 800 square feet and 16 feet in height with a minimum of fourfoot side and rear setbacks.

(Ord. No. 1149, § 4(Exh. A), 10-4-2022; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

17.15.070 - Additional junior accessory dwelling unit (JADU) standards.

A.

JADUs shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property shall reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, this owner-occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

B.

JADUs shall have both interior access to the primary dwelling unit and an exterior door.

C.

Parking shall not be required for a JADU.

(Ord. No. 1149, § 4(Exh. A), 10-4-2022; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

Chapter 17.16 - SINGLE ROOM OCCUPANCY FACILITIES

The provisions of this Chapter are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A single room occupancy facility may be proposed and approved in the Commercial Neighborhood (C-N) or Community Commercial (C-C) Zoning Districts

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A proposed SRO shall require the approval of a conditional use permit in compliance with Section 17.02.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.16.040 - Development standards.

A.

Single Room Occupancy Facilities:

1.

Density. A single room occupancy facility is not required to meet density standards of the General Plan.

2.

Common Area. Four hundred square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.

3.

Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units of fractional number thereof, with at least one washer and dryer per floor.

4.

Cleaning Supply Room. A Cleaning Supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

B.

Single Room Occupancy Units:

1.

Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum of 400 square feet.

2.

Occupancy. An SRO unit shall accommodate a maximum of two persons.

3.

Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residence with at least one full bathroom per floor.

4.

Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

Closet. Each SRO unit shall have a separate closet.

6.

Code Compliance. SRO units shall comply with all requirements of the California Building Code.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Facility Management. An SRO facility with ten or more units shall provide on-site management. An SRO facility with less than ten units shall provide management office on-site.

B.

Management Plan. A management plan shall be submitted with the development application for an SRO facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Off street parking shall be provided consistent with Chapter 17.05.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.16.080 - Tenancy.

Tenancy of SRO units shall be limited to 30 or more.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

An existing structure may be converted to an SRO facility, consistent with the provisions of this Section.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.17 - PAROLEE/PROBATIONER HOME

A conditional use permit, pursuant to Chapter 17.02.100 of this Zoning Code, is required for the establishment of any parolee/probationer home.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Parolee/probationer home shall comply with the development, locational and all other applicable regulations of the Zoning District in which the use is proposed to locate. In addition, the parolee/probationer home shall comply with all of the following locational and operational standards:

A.

Locational Requirements. When a conditional use permit for a parolee/probationer home is requested, the parolee/probationer home shall be located:

1.

A minimum of 660 feet away from any existing or proposed school, university, college, student housing, childcare facility, public park, religious institution, hospital, youth facility, or other similar uses, as reasonably determined by the Planning Director. The distance between the parolee/probationer home and school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use shall be measured from the closest exterior wall of the parolee/probationer home and the nearest property line included within the school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use, along a straight line extended between the two points, without regard to intervening structures; and

2.

A minimum of 1,320 feet away from an existing parolee/probationer home or other similar use. The distance between parolee/probationer homes shall be measured from the closest exterior wall of one parolee/probationer home and the nearest property line included within the other parolee/probationer home, along a straight line extended between the two points, without regard to intervening structures. For the purposes of the locational requirements set forth in this subsection, "other similar use" or an "existing parolee/probationer home" shall also include any residential structure or unit, including any hotel or motel, whether owned and/or operated by an individual or for-profit or nonprofit entity, which houses at least two parolees/probationers, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee/probationer and/or any individual or public or private entity on behalf of the parolee/probationer, including alcohol and/or drug-free residential recovery home, community care facility, residential care facility and other such facilities.

B.

Operational Requirements. Parolee/probationer homes shall comply with the following operational requirements:

Each parolee/probationer home shall be limited to a maximum number of six parolees or probationers, and each bedroom in the house/home may not exceed two parolees or probationers.

2.

Multiple-family dwellings or apartments with less than 25 units shall be limited to one parolee/probationer home.

3.

Multiple-family dwellings or apartments with 25 or more units shall be limited to two parolee/probationer homes.

4.

Notwithstanding the definition of parolee/probationer home in Section 17.17.070 or any other provision of the City of Beaumont Zoning Code or the City of Beaumont Municipal Code, hotels and/or motels with 14 rooms or less cannot provide transient lodging services or accommodations to more than three parolees during any 28 consecutive day period regardless of any length of their respective stays; and hotels and/or motels with 15 rooms or more cannot provide transient lodging services or accommodation to more than five parolees during any 28 consecutive day period regardless of the length of their respective stays.

5.

As determined by the Chief of Police or his/her designee, the property owner or a designated on-site manager must live full-time on the site of the parolee/probationer home, and the name and phone number of this individual shall be provided to the Chief of Police or his/her designee.

6.

The Police Department shall be provided with a weekly update of the names of all parolees/probationers living at the parolee/probationer home. The updates required by this section may be in any of the following forms: in writing via electronic mail or facsimile.

7.

Any owner/operator of an parolee/probationer home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the Parolee/Probationer Home until this information has been provided.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

An application for a conditional use permit for parolee/probationer home may be approved and/or modified, in whole or in part, only if the findings in Section 17.02.100 of this Zoning Code are first made. Additionally, in evaluating each request for approval of a conditional use permit for a parolee/probationer home, particular attention shall be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses) and to ensuring that the proposed use will not result in harm to the health, safety or general welfare of the surrounding neighborhood or substantial adverse impacts on adjoining properties or land uses.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

In addition to the notice and hearing requirements required for conditional use permits, all property owners within 1,000 feet of the proposed parolee/probationer home, as measured from the subject property lines, shall be notified of the proposed conditional use permit.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.17.040 - Public nuisance.

The establishment, maintenance or operation of a parolee/probationer home in violation of the regulations of this section or in violation of the conditions of approval of an approved conditional use permit is declared to be a public nuisance and may be abated by the City pursuant to applicable provision of the City of Beaumont Municipal Code, City of Beaumont Zoning Ordinance or any available legal remedies, including but not limited to civil injunctions.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.17.050 - Nonconforming use.

Any parolee/probationer home lawfully existing prior to the effective date of the ordinance codified in this section is a legal nonconforming use, subject to applicable nonconforming use regulations of Chapter 17.08 of the City of Beaumont Zoning Ordinance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.17.060 - Amortization.

A.

Any parolee/probationer home regulated under provisions of this section which is a nonconforming use on the effective date of the ordinance codified in this chapter shall be subject to an amortization period expiring one year from the effective date of the ordinance codified in this section.

B.

Amortization—Notice. The Community Development Department shall provide written notice to the property owner or operator at least 120 days prior to the expiration of this amortization period. This notice

is not mandatory, and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or owner of the parolee/probationer home for an extension of the amortization period shall not be denied on the grounds that it is untimely.

C.

Amortization—Application for Extension.

a.

The property owner may file an application with the Community Development Department for an extension of the amortization period. The applicant must state:

i.

Whether a previous extension has been requested and granted, as well as the date of the previous request; and

ii.

The efforts that will be made to conform by the conclusion of the extended period.

b.

The property owner's application shall be made in writing and shall be accompanied by the required fee as established by the City Council.

c.

Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Community Development Director determines that good cause exists for the late filing of the application.

D.

Amortization—Decision to Grant or Deny Extension.

a.

The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period.

b.

In rendering its decision, the Planning Commission shall determine whether the parolee/probationer home has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an

amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.

c.

The Planning Commission shall consider the following factors in making its determination:

i.

The parolee/probationer homeowner's financial investment in the renting out rooms, units, homes to parolee/probationers;

ii.

The present actual and depreciated value of business improvements;

iii.

The applicable Internal Revenue Service depreciation schedules;

iv.

The remaining useful life of the rental improvements;

v.

The remaining lease terms, if any;

vi.

The cost of relocating the parolee/probationer home to a site conforming to the provisions of this chapter, if applicable;

vii.

The ability of the parolee/probationer home and/or owner to change the use to a conforming use; and

viii.

The secondary effects of the parolee/probationer home adult business on the health, safety and welfare of surrounding community, residential dwellings, businesses and/or uses if the parolee/probationer home is permitted to extend the amortization period.

d.

The Planning Commission's decision shall be in writing and shall be hand delivered or sent by certified mail to the applicant.

E.

Amortization—Appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within 15 days after the written decision of the Planning Commission in accordance with the provisions of Sections 17.02.060 of this Zoning Ordinance.

F.

Amortization—Public Nuisance. The City Council declares to be a public nuisance any parcel where a parolee/probationer home is operating and where the amortization period as a legal nonconforming use has expired and (a) no application for an extension is on file or has been granted, or (b) no application for parolee/probationer home conditional use permit is on file or has been granted.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Parolee/Probationer. An individual as follows:

1.

Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or

2.

Who is serving a period of supervised community custody as defined by State Penal Code 3000, following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or

3.

An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or

4.

An adult or juvenile offender released from county jail or state prison after October 1, 2011, on Post Release Community Supervision.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.18 - WIRELESS TELECOMMUNICATION FACILITIES

17.18.010 - Purpose and intent.

A.

Purpose. The purpose of this chapter is to regulate the location and design of wireless telecommunication facilities.

B.

Intent. The intent of this chapter is to facilitate the orderly development and deployment of wireless telecommunication facilities in a manner that promotes the public health, safety, and welfare of the City's residents and is consistent with the goals and policies of the City of Beaumont's General Plan. It is furthermore intended that, the protection of property values and the enhancement of the City's aesthetic appearance be achieved by maintaining the architectural and structural integrity of wireless telecommunication facilities and the protection of views from obtrusive and unsightly accessory structures. It is further the intent of this chapter to create reasonable regulations in conformance with the provisions of the Telecommunications Act of 1996 and other applicable federal law while ensuring access to telecommunication services and promoting fair competition among telecommunication service providers. Additionally, the intent includes establishing regulations that do not preclude antennas from receiving a signal of acceptable quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such antennas.

C.

The City has found and determined that the regulations established in this chapter are necessary to attain the purpose and intent as stated. These regulations shall supersede any applicable provisions of the Beaumont Municipal Code pertaining to such wireless telecommunication facilities, including antennas, support structures, and accessory structures.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

For the purposes of this article, and where not otherwise inconsistent with the context of a particular section, the following words, terms, phrases, abbreviations, and derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory. If a definition is not listed in this section, Section 17.14.030 of the Beaumont Municipal Code shall be referenced.

Antenna means a device or system of wires, poles, rods, dishes, disc or similar devices used for the transmission and/or receipt of electromagnetic waves.

Antenna structure means an antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna.

Cell means the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

CEQA means the California Environmental Quality Act, Section 21000 et seq. of the Public Resources Code of the State of California.

City refers the City of Beaumont, California.

Colocated or colocation means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall, or building.

Commercial mobile service means any mobile service that (1) is offered in return for monetary compensation, (2) is available to the public or a substantial portion of the public, and (3) provides subscribers with the ability to access or receive communication from the public switched telephone network. Commercial mobile service includes, but is not limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications services (PCS).

Fixed wireless service means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network.

Ground mounted means a wireless telecommunication facility that is mounted to a monopole or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

Lattice tower means a tower-like structure used to support antennas and comprised of up to two or more steel support legs.

Microwave communication means the transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 2GHz to 300GHz frequency spectrum).

Mobile service means any temporary service providing radio communication to or from at least one antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of Federal Regulations and the Federal Register.

Monopole means a structure composed of a single spire, pole, or tower used to support antennas or related equipment.

Mounted means any manner of attachment, support, or connection, whether on the ground or on a structure.

Multipoint distribution service means a microwave communications service that delivers video programming directly to subscribers, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission.

Radio communication means the transmission and/or reception of impulses, writing, signs, signal, pictures, and sounds of all kinds through space by means of electromagnetic waves.

Roof mounted means a facility that is mounted on any structure that is not specifically constructed for the purpose of supporting antennas, does not meet the definition of a ground, wall, or utility mounted facility, and is typically mounted on the roof of a building.

Satellite antenna means a device used to transmit and/or receive radio or electromagnetic waves between terrestrially and orbitally-based uses. This definition is meant to include, but not limited to, what are commonly referred to as satellite earth stations, TVROs (Satellite Television Receiving Antenna), and satellite microwave antennas.

Stealth facility means any wireless telecommunication facility which is designed to blend into the surrounding land, typically one that is architecturally integrated into a building or other concealing structure, also known as a disguised or stealth facility.

Structure is as defined in Section 17.14.030.

Surplus space or surplus capacity means that portion of usable space on a utility pole or other telecommunication facility which has the necessary clearance from other users, as required by the orders and regulations of the California Public Utilities Commission to allow its use by a telecommunication carrier.

Telecommunication means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Utility mounted means a facility that is mounted to an existing above-ground structure that is specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or a structure on public or private property deemed by the City to be similar in nature.

Wall mounted means a facility that is mounted on any vertical surface or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna: the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the antenna is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

ding or other existing structure that is not specifically constructed for the purpose of supporting an antenna: the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the antenna is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

Wireless telecommunication carrier, wireless carrier, or carrier means 1) any owner, by way of fee ownership, lease, or management agreement of any wireless telecommunication system or wireless telecommunication facilities, or 2) the direct or indirect provider of wireless telecommunication services whether the wireless telecommunication service is offered by the owner of the wireless telecommunication system, an affiliate, or related entity, by way of ownership, lease, control, or operation of a wireless telecommunication system. A person shall be deemed a wireless telecommunication carrier, even if it does not directly provide wireless telecommunication services, if it rents or leases a wireless telecommunication system and/or wireless telecommunication facilities to another person which provides wireless telecommunication services.

Wireless telecommunication accessory equipment, wireless accessory equipment, accessory equipment, or equipment means any equipment installed, mounted, operated, or maintained in close proximity to an antenna structure or to receive, transmit, or store signals or information received by or sent from an antenna. For the purposes of this chapter, facilities are categorized by the manner in which antennas are mounted and not by the placement of accessory equipment. It is presumed that all facilities shall include accessory equipment, which shall not affect how the facility is mounted.

Wireless telecommunication facility, wireless facility, or facility means an antenna structure and any accessory structure or accessory equipment that is used in connection with the provision of wireless telecommunication service.

Wireless telecommunication service, wireless service, or service means any type of service providing radio communications that satisfies the definition of commercial mobile service, fixed wireless service, wireless

video service, wireless cellular service, or wireless voice service.

Wireless video service means any service providing radio communication which delivers video programming.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Subject to the exemptions established in section 17.18.140 and 17.18.210, wireless telecommunication facilities shall comply with the provisions of this chapter as follows:

A.

All wireless telecommunication facilities which are erected, located, or modified within the City on or following the effective date of this section shall comply with the provisions of this chapter.

B.

All wireless telecommunication facilities for which a conditional use permit application was determined by the City to be complete prior to the effective date of this section but did not receive approval of the conditional use permit prior to the effective date of this ordinance shall comply with the provisions of this chapter.

C.

All wireless telecommunication facilities for which a conditional use permit, building permits and any extension thereof have expired shall comply with the provisions of this chapter.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

The following uses shall be exempt from the provisions of this chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:

1.

Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.

2.

Any antenna structure that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive radio communication by satellite antenna.

Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than 12 feet above the principal building on the same lot.

B.

The following uses shall be exempt from the provisions of this chapter, so long as the antenna structure complies with all other zoning requirements:

1.

Any antenna structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations.

2.

Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission).

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.18.050 - Nonconforming facilities.

A.

All wireless telecommunication facilities for which a request for final approval or equivalent certificate was completed by the City prior to the effective date of this article shall be subject to Chapter 17.08 of the Beaumont Municipal Code regarding non-conformities and any additions and/or modifications to the facility or its use shall comply with the provisions of this chapter.

B.

All wireless telecommunication facilities for which a conditional use permit was approved by the City prior to the effective date of this chapter and a request for final approval or equivalent certificate has been completed by the City within 90 days of the effective date of this article shall be subject to Chapter 17.08 of the Beaumont Municipal Code regarding non-conformities and any additions and/or modifications to the facility or its use shall be subject to the provisions of this chapter.

C.

All wireless telecommunication facilities constructed or erected prior to the effective date of this chapter that are in violation of applicable laws, ordinances, or other regulations shall be considered an illegal nonconforming facility and shall be subject to abatement as a nonconforming use pursuant to Chapter 17.18 of the Beaumont Municipal Code.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

For the purposes of this chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed wireless telecommunication facility to the relevant property line at a point five feet above the ground.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

All stealth and non-stealth facilities shall be permitted in the applicable zone subject to the following table:

B.

All conditional use permits required for stealth facilities shall be subject to the City's design review committee. No application for a wireless telecommunication facility shall be considered by the Planning Commission prior to receiving the Development Review Committee's recommendation.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Each applicant applying for a conditional use permit to construct, locate, mount, operate, and maintain a telecommunication facility shall submit a completed conditional use permit application per the requirements of section 17.02.100 of the Beaumont Municipal Code.

B.

In addition to the requirements of section 17.02.100 for submittal of a conditional use permit application, each submittal to construct, locate, mount, operate, and maintain a wireless telecommunication facility shall provide, as part of the application submittal, supplemental information as required in this section and determined by the Community Development Director to be necessary to provide sufficient information to meet the intent of this chapter.

C.

Each application shall contain an accurately dimensioned site plan that shows

The location of the entire facility, including antenna structure, accessory structures and support equipment;

2.

The location of all guy-wires;

3.

The location of all above and below ground wiring and connection cables;

4.

The location of existing and proposed easements on the property affecting any part of the facility;

5.

The location, size and type of existing and proposed landscaping; and

6.

The distance between the antenna structure and any existing or proposed accessory structures and supporting equipment.

D.

Each application shall provide accurately dimensioned elevations that show

1.

Each side of the entire facility, including antenna structure, accessory structures and support equipment, with dimensions identified;

2.

The height of any existing and proposed structure(s) and support equipment; and

3.

The height of any panels, microwave dishes, or antennas.

E.

Each application shall contain a letter of justification accompanied by written documentation that explains the applicant's efforts to locate the facility in accordance with the screening and site selection criteria contained in sections 17.18.190 and 17.18.200.

F.

Each application shall contain a narrative, photographs, and a map that discloses the exact location and illustrates the type and construction of any and all existing facilities that are owned, operated or used by

the applicant within the City, or within one mile of its borders, as well as any proposed or planned sites within said boundary that may reasonably be known to the applicant at the time the application is made.

G.

Each application shall contain a narrative and appropriate map that disclose the purpose of the facility and the service to be provided, the geographic area(s) within the City that will be serviced by the proposed facility, and the geographic area(s) bordering the City, if any, that will be serviced by the proposed facility.

H.

Each application shall contain a radio-frequency (RF) report prepared by a qualified RF engineer to demonstrate that the proposed facility, as well as any colocated facilities, complies with current Federal RF emission standards. This RF report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions.

I.

Each application shall contain computerized visual assessments or other exhibits equivalent in form and manner acceptable to the Planning Director showing the before and after visual appearances of the proposed facility.

J.

Each application shall contain a description of the required maintenance visits to the site and security proposed to protect the site from vandalism and trespass.

K.

Each application shall contain a preliminary environmental review in accordance with the City submittal requirements, with special emphasis placed on the nature and extent of visual and public health and safety impacts to the extent permitted by federal law.

L.

Each application shall contain evidence of any required licenses and approvals to provide wireless telecommunication service.

M.

Applicants are separately required to obtain all applicable federal, state and local permits, including building and construction permits that may be required prior to erecting or installing the facility, including, but not limited to, a certificate of public convenience and necessity for a facility in the public right-of-way.

N.

Each application shall provide any other necessary information as may be required by the Planning Director.

O.

The Community Development Director shall determine applicable entitlement processing fees and deposits for the application, as established by City Council resolution, including any applicable contract staff fees and/or deposits for the purpose of review of the application.

P.

Any application that is improperly submitted or fails to contain all of the information as required by the Beaumont Municipal Code, including this chapter, shall be deemed incomplete.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.18.090 - General development standards and guidelines for wireless facilities.

A.

Development standards for stealth facilities. All wireless telecommunication facilities shall comply with each of the following requirements:

1.

A facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage.

2.

Any and all accessory equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zone in which such accessory equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and natural features and either shrouded by sufficient landscaping or natural features to screen the equipment from view or designed to match the architecture of adjacent buildings. If accessory equipment will be visible from a residential area or an arterial street, the applicant shall provide a solid masonry block wall that will screen the equipment or other material that is determined acceptable through the approval process.

3.

The facility's exterior finish shall be comprised of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings or structures.

4.

All screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached.

5.

All antennas shall be designed to prevent unauthorized climbing.

Facilities shall not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

7.

The applicant and the property owner if different from the applicant shall consent to future colocation of other facilities on or with the applicant's facility, unless technological or structural requirements preclude that colocation.

8.

For the purpose of determining setback requirements, a wireless telecommunication facility shall be considered a principal structure and shall comply with the setback requirements of the zone in which it is located.

9.

Wireless telecommunications facilities shall meet all of the height regulations of the underlying zone.

10.

Wireless telecommunication facilities shall be located at least 50 feet from any public right-of-way

B.

Development guidelines for wireless facilities. In review of all wireless telecommunication facilities, the City shall, in addition to the above requirements, consider the following guidelines in conjunction with the processing of a conditional use permit:

1.

The proposed facility should blend into the surrounding environment or be architecturally integrated into a concealing structure.

2.

The proposed facility should be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. Any such improvements shall be appropriate for and compatible with the site and surrounding area.

3.

The total size of proposed facility should be compatible with the surrounding and supporting structures.

4.

If feasible, the location of the proposed facility should conform to the following in order of preference:

a.

Colocated with an existing facility or located at a pre-approved location.

b.

Attached to an existing structure such as an existing building, communication tower, church steeple or utility.

c.

Located in an industrial zone.

d.

Located in a commercial zone.

5.

The proximity of the proposed facility to residential structures and to boundaries of residential zones.

6.

The availability of suitable alternative locations for the facility.

7.

The nature of existing uses on adjacent and nearby properties.

8.

Proposed ingress and egress to the facility.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.18.100 - Additional development standards for stealth facilities.

A.

Additional development standards for stealth facilities. In addition to the requirements of Section 17.18.190, the following requirements shall apply to wireless facilities:

1.

All wireless facilities.

a.

No portion or extension of a wireless facility shall protrude beyond property lines or extend into any portion of property where such facility is not itself permitted; provided, however, that the City may approve the location of guy wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this chapter.

b.

Construction of new lattice towers and the extension or expansion of an existing lattice tower shall not be permitted.

c.

If a proposed wireless facility cannot be colocated, it must be sited at least 1,500 feet from any existing wireless facility unless the approving authority finds that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area. If the approving authority finds that colocation is not a feasible option and that a new facility may be located less than 1,500 feet from an existing wireless facility, the new facility should be located at least 500 feet from the existing facility.

d.

A wireless facility shall not be located within 300 feet of any property line of a residential zoning classification or a property line containing a residential use.

2.

Ground mounted facilities.

a.

A ground mounted facility shall not be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such area.

b.

A ground mounted facility should be located in close proximity to existing above ground utilities, such as electrical tower or utility poles (not scheduled for removal or under-grounding in the next 18 months), light poles, trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance of the City.

c.

No part of a ground mounted facility should be located in any required setback.

d.

A ground mounted facility shall not be permitted unless the approving authority finds that based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed the facility. Evidence supporting this finding may consist of any of the following:

1)

No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.

2)

Existing buildings or support structures are not of sufficient height or structural strength to satisfy the applicant's operational or engineering requirements.

3)

The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunication service provider, in order to colocate a new antenna array on an existing building or structure, or to adapt an existing building or structure for the location of the new antenna array, are unreasonable.

e.

There are other limiting factors that render existing buildings and structures unsuitable for use by the applicant.

f.

A ground mounted facility shall be secured from access by the general public with a fence or other form of screening approved by the approving authority.

g.

A ground mounted facility shall be covered with a clear anti-graffiti material of a type approved by the Community Development Director. The Community Development Director may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the Community Development Director that the design of the facility is adequate to prevent graffiti.

h.

No ground mounted facility shall exceed the maximum building height for the applicable zone in which it is located unless both of the following findings are made by the approving authority:

1)

The applicant has satisfactorily demonstrated that exceeding the height limitation is necessary for operation of the facility; and

2)

The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of zoning requirements is necessary to the proposed shared use.

3.

Roof mounted facilities.

a.

A roof mounted facility may only exceed the height of the building on which it is mounted by a maximum of 15 feet, but only if one of the following findings is made by the approving authority:

1)

The applicant has satisfactorily demonstrated that the proposed height is the minimum necessary for proper operation of the facility.

2)

The facility is colocated, or contains adequate space suitable for future colocation, and the height in excess of the existing building is necessary for the proposed shared use.

b.

A roof mounted facility that extends above the existing height of the building on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design and architecture of the building.

c.

A roof mounted facility, requiring the placement of any guy wires, supporting structures, or accessory equipment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and public streets, including any pertinent public views from higher elevations.

4.

Utility mounted facilities not within the public right-of-way.

a.

A utility mounted facility shall not exceed the maximum building height for the applicable zone in which it is located unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the height limitation is necessary for proper operation of the facility.

A utility mounted facility shall not exceed the height of the existing utility pole or structure by more than four feet unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the four-foot limitation is necessary for proper operation of the facility.

b.

A utility mounted facility shall not protrude or extend horizontally more than 18 inches from the existing utility pole or structure unless the approving authority determines the applicant has satisfactorily demonstrated that exceeding the 18-inch limitation is necessary for proper operation of the facility or required by the owner of the existing utility pole or structure.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Private telecommunication facilities located on City-owned or operated property, other than public rightsof-way. Privately owned or operated telecommunication facilities may be located on property owned or operated by the City, subject to the City Council's approval of a negotiated lease agreement between the telecommunication service provider and the City or its representative. Telecommunications facilities to be located on City-owned or operated property shall not be required to obtain a conditional use permit under the provisions of Sections 17.18.100 et seq. The lease agreement shall set forth requirements for a wireless facility which are substantially consistent with the development standards and conditions of sections 17.18.100 et seq. and Chapter 5.36. The lease agreement shall also contain operating covenants substantially consistent with the objectives of Sections 70.18.100 et seq. and Chapter 5.36 in order to protect the public health, safety and welfare.

1.

Notwithstanding subsection (1) above, the lease agreement approving the location of privately owned or operated telecommunications facilities on City-owned or operated property shall be subject to all applicable environmental regulations including but not limited to the California Environmental Quality Act and the Western Riverside County Multiple Species Habitat Conservation Plan.

B.

Public telecommunication facilities.

1.

The location, installation, and operation of any telecommunication facilities or other communication facilities owned or operated by the City on property owned or operated by the City, or within its right-ofway shall not be subject to the provisions of this article.

2.

The location, installation, and operation of any telecommunication facilities or other communication facilities owned or operated by any other governmental entity other than the City on property owned or operated by the City, or within its right-of-way, shall be subject to the provisions of subsection (a) above, unless the City Council, by four-fifths vote of its membership and a finding of public necessity, exempts the facility from such requirements.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.18.120 - Review, modification, and revocation of permits.

A.

Any permit granted or approved pursuant to this chapter shall be granted or approved by the City with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but not limited to, the following in relation to the approved facility as described and diagramed in the approved application materials: increased height or size of the facility; additional impairment of the views from surrounding

properties; change in the type of antenna or supporting structure; changed color or materials; substantial change in location on the site; and an effective increase in signal output above or near the maximum permissible exposure limits imposed by the revised radio frequency emissions guidelines by the Federal Communications Commission.

B.

The reservation of right to review any permit approved hereunder by the City is in addition to, and not in lieu of, the right of the City to review, suspend, revoke, or modify any permit approved hereunder for any violations of the conditions imposed on such permit.

C.

Upon review, any changed circumstance as determined by the Community Development Director shall require the application and approval of a modification to the original administrative plot plan or conditional use permit, provided that any modification to accommodate colocated facilities may be approved administratively.

D.

Any review, suspension, revocation, or modification of a permit shall be in accordance with the procedures set forth in Section 17.02.070 for an administrative plot plan and Section 17.02.100 for a conditional use permit.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.18.130 - Removal of facilities.

A.

The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Community Development Director in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premise as appropriate such as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within 90 days after the use is discontinued and shall be performed in accordance with all applicable health and safety requirements. For the purposes of this paragraph, a discontinued use shall be permanent unless the facility is likely to be operative and used within the immediately following three-month period.

B.

A facility that is inoperative or unused for a period of six continuation months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon [which] the facility is located. Such notice may be delivered in person or mailed to the address(es) stated on the facility permit application, shall be deemed given at the time delivered or placed in the mail. A written notice of the City's determination of abandonment shall be mailed or delivered to the operator of the facility at the address stated in the relevant permit application.

ises upon [which] the facility is located. Such notice may be delivered in person or mailed to the address(es) stated on the facility permit application, shall be deemed given at the time delivered or placed in the mail. A written notice of the City's determination of abandonment shall be mailed or delivered to the operator of the facility at the address stated in the relevant permit application.

The operator of the facility and the owner(s) of the property on which it is located, shall within 30 days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the Planning Department with written objection to the City's determination of abandonment and request for hearing before the Planning Commission. If a written objection is timely received and a hearing is properly requested, the hearing shall be set and notice given as prescribed in section 17.02.050. The operator and/or owner shall be given the opportunity to provide evidence that the facility was in use during the relevant six-month period and that it is presently operational. The operator and/or owner shall be given the opportunity to cross-examine any witness providing evidence to the contrary. The Planning Commission shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination.

C.

The City may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable Code at any time: 1) after 30 days following the notice of abandonment, or 2) following a notice of decision by the Planning Director, if applicable, subject to the owner/operators right of appeal under this Code. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

D.

The operator of the facility, and the owners of the premises upon which it is located shall be in violation of this chapter for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to this Code.

E.

Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the personal property and any real property on which the abandoned facility was located, for the full amount of the cost of removal, repair, restoration and storage. The Planning Director shall cause the lien to be recorded in the Riverside County Recorder's Office.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

If any provisions or clause of this Chapter or application thereof to any person or circumstance is held unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Chapter provisions, clauses or applications thereof which can be implemented without the invalid provision, clause or application thereof, and to this end the provisions and clauses of this Chapter are declared to be severable.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.19 - DOWNTOWN ZONE DISTRICTS

The purpose of this Chapter 17.19 is to accomplish the following:

•

To implement the Downtown Area Plan of the City of Beaumont General Plan and the Land Use Policy Map;

•

To identify and describe the land use designations delineated on the City of Beaumont Official Zoning Map;

•

To indicate the development standards for each of the Zone Districts; and

•

To identify the range of uses permitted within each Zone District.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

For the purpose of providing a uniform basis for this Zoning Ordinance, the following zone classifications may be applied to those parcels located within the City of Beaumont Downtown boundaries:

Downtown Mixed Use Zone (DMU Zone)

Beaumont Mixed Use Zone (BMU Zone)

Sixth Street Mixed Use Zone (SSMU Zone)

Sixth Street Mixed Use - Residential Zone (SSMU-R Zone)

Local Commercial Zone (LC Zone)

Downtown Residential Multifamily Zone (DMF Zone)

Other zone classifications that apply to Downtown, which are governed by Chapter 17.03, are as follows:

Residential, Single Family Zone (R-SF Zone)

Residential, Traditional Neighborhood Zone (R-TN Zone)

Public Facilities Zone (P-F Zone)

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.19.030 - Zoning map.

The location and boundaries of the various zones within Downtown are delineated on the zoning map of the City of Beaumont. Figure 17.19-1 illustrates the zone districts for Downtown. All property within the Downtown, public and private, is assigned a specific Zone designation and its location and extent is noted on the official zoning map. The use of all property must be in accordance with the Zoning designations delineated on the zoning map and pursuant to the provisions of this Zoning Code.

A.

Use of Zoning Map and Classifications. The requirements that are applicable to each Zone classification is specifically set forth in subsequent articles of this ordinance.

B.

Uncertainty in Cartography. Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:

1.

Cartography. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.

2.

Easements and Rights-of-Way. Dedicated streets, alleys, freeways, or railroad rights-of-way shall be deemed to be unclassified.

3.

Vacated or Abandoned Property. If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the Zoning of the adjoining property on each side.

4.

Amendments to the Official Zoning Map. Changes in boundaries of Zones shall be made by ordinance (as described in Section 17.02). All amendments to the zoning map shall be noted on the Map with the date of the amendment and references to the amending ordinance.

Figure 17.19-1. Downtown Zones

==> picture [480 x 342] intentionally omitted <==

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The Downtown Mixed Use (DMU) Zone is intended to provide for a rich and diverse mixture of office, retail, commercial, civic, entertainment, and cultural activities in a lively, thriving, high-quality pedestrian environment which incorporates mixed use development. Active and retail uses are required along the Sixth Street (between California and Palm Avenues) and Beaumont Avenue (between 5th and 8th Street) street frontages to create a walkable, pedestrian-oriented and vibrant environment. This Zone is also intended to allow for residential uses on the upper floors (residential uses are not permitted on the first floor along Sixth Street and Beaumont Avenue to ensure that the Downtown character is maintained).

A.

Downtown Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.

B.

Downtown Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Downtown Mixed Use Zone, Development Standards. The following Standards shall apply to the Downtown Mixed Use Zone (DMU Zone):

1.

Lot Area and Dimensions. No minimum requirement.

2.

Setbacks and Yards. The following setback requirements are applicable to the Downtown Mixed Use Zone (DMU Zone):

a.

Front Yard Setback, Commercial Uses. None required.

b.

Front Yard Setback, Residential Uses. Maximum five feet. All portions not used for access must be landscaped.

c.

Front Yard Setback, Above Ground Parking. Minimum 40 feet. The setback for above ground parking may be waived by the Community Development Director upon making the following findings:

i.

The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and

ii.

The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.

d.

Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.

e.

Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.

f.

Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10 or any highway.

Density. The maximum density shall be 15 units per acre.

4.

Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only.

5.

Building Height. In the Downtown Mixed Use Zone (DMU Zone), the maximum height of any building shall not exceed 3 stories or 45 feet.

6.

Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2.

Figure 17.19-2. Step Back from Adjacent Residential Uses

==> picture [348 x 216] intentionally omitted <==

D.

Downtown Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Downtown Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback).

F.

Downtown Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

H.

Adjacency to Interstate 10. The following standards apply to development that are within 500 feet of Interstate 10 as measured from its right-of-way:

1.

Locate occupied open space areas (play areas, courtyards, patios, balconies, etc.) as far from the freeway as possible when the size of the site permits.

2.

Prioritize the location of non-habitable uses, such as parking structures and building areas not calculated in floor area, nearest the freeway.

3.

Screen the project site with substantial vegetation and/or a wall barrier.

4.

Provide special noise mitigation for residential uses in this zoning district that are within 500 feet of Interstate 10.

I.

Supplemental Standards for Multiple-Family, Residential Mixed-Use, and Attached Single-Family Development. The standards of Section 17.03.065.I, Supplemental Standards apply to all multiple-family, residential mixed-use, and attached single family development within the DMU, SSMU, and SSMU-R Zones.

J.

Supplemental Standards, All Development. The standards below apply to all development in the DMU, zones.

1.

Wall Plane Modulation.

a.

All non-residential street-facing façades must have at least one horizontal or vertical projection or recess at least two feet in width and depth, for every 50 horizontal feet of wall.

Figure 17.19-3. Wall Plane Modulation

==> picture [288 x 175] intentionally omitted <==

b.

Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building.

c.

Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through two or more of the following:

i.

Change in color;

ii.

Change in material;

iii.

Cornice/belt course at the bottom of the uppermost floor; and

iv.

Change in roof pitch, such as a gable, or an upper-story step-back.

Figure 17.19-4. Building Façade Visible from Public Street

==> picture [265 x 192] intentionally omitted <==

2.

Ground Floor Height.

a.

Non-residential ground level floor-to-ceiling height must be a minimum 11 feet.

b.

Non-residential ground floor height may not differ from the height of any adjacent non-residential use by more than two feet or as approved by the Community Development Director.

3.

Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening.

a.

Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

b.

Exceptions. The following are exempt from this requirement:

i.

Residential uses; and

ii.

Multi-level garages.

c.

Reductions. This requirement may be reduced to 40 percent if street-facing building walls exhibit architectural relief (articulated building base, columns/piers, transom) and are enhanced with landscaping at the pedestrian level.

d.

Reductions by Director. This requirement may be further reduced or waived if the Community Development Director finds that the proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible.

Figure 17.19-5. Building Transparency/Required Openings Exhibit

==> picture [432 x 203] intentionally omitted <==

e.

Enhancement on Blank Walls. Blank walls that exceed eight horizontal feet at the ground level must include one or more of the following:

i.

A pattern of insets;

ii.

A building base of at least 2.5 feet in height and a cornice or other architectural features at the top of the ground level;

iii.

Landscaping that, at maturity, obscures a minimum 50 percent of the wall area; or

iv.

Landscaped metal trellises or lattices over a minimum 50 percent of the wall area.

4.

Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways.

5.

Building Entrances.

a.

Orientation. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance facing a pedestrian walkway that is connected to a public sidewalk.

b.

Separation of Residential and Non-Residential Entrances. Entrances to residential units, either shared or common, must be a minimum 30 horizontal feet from commercial entrances. Live/work units are excluded from this standard.

6.

Corner Design. Building design at intersections must exhibit signature architectural features at the corner. Features may include but are not limited to tower elements, wrap-around bay windows, or rounded or chamfered corners elements, or decorative parapets.

7.

360-Degree Design. All buildings must be designed with "360-degree design" where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

8.

Additions/remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

9.

Pedestrian Access and Circulation. On-site pedestrian circulation and access shall be provided consistent with the following standards:

a.

Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian

amenities.

b.

Paving. Paving within required setback areas must be distinct from the adjacent public sidewalk in color, design, or texture.

c.

To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

d.

To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

e.

To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

f.

Pedestrian Walkway Design.

i.

Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D).

ii.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method.

iii.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier.

10.

Public Open Space Requirement. Developments with 50,000 square feet or more of non-residential floor area on sites of five acres or larger shall provide open space consistent with the following:

a.

Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every

1,000 square feet of non-residential floor area over 100,000 square feet.

b.

Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement.

c.

Such open space shall have a minimum dimension of 40 feet.

d.

Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas.

e.

The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof.

11.

Parking Design.

a.

Surface Parking Area Design. Surface parking areas must be separated from on-site buildings by a minimum distance of five feet that is either paved or landscaped.

b.

Garages. Garage doors must be recessed a minimum of six inches from the face of the garage.

c.

Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following.

i.

No more than two vehicles may be placed one behind the other.

ii.

Both spaces must be assigned to a single dwelling unit or to employees of the same non-residential establishment.

iii.

The tandem parking bay must be a minimum 40 feet by 10 feet in dimension.

iv.

Tandem parking to meet required parking for multi-unit development must be located within an enclosed structure and the number of tandem parking spaces may not exceed 50 percent of the total number of spaces.

v.

Tandem parking may not be used to satisfy the parking requirement for guest parking.

d.

Driveway Width. Driveways to shared garages may not exceed 35 feet in width.

e.

Parking Visibility. Visible structured parking must be screened from view from the right-of-way by landscaping or decorative screening, or a combination of architectural features and landscaping or living walls.

f.

Curb Cut Frequency.

i.

A maximum of one curb cut for driveway access may be permitted per street frontage per development project site, unless additional curb cuts are approved by the Community Development Director, Public Works Director and Public Safety or the Development Review Committee.

ii.

On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible.

12.

Bicycle Parking.

a.

Short-term Bicycle Parking. Short-term secure bicycle parking must be provided to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of four hours or less.

i.

Spaces Required. For the following uses, the required number of short-term secure bicycle parking spaces is ten percent of the parking spaces required in Chapter 17.05, Off-Street Parking and Loading Standards,

in no case fewer than four secure bicycle parking spaces provided per use.

(a)

Multi-family dwellings;

(b)

All public uses; and

(c)

All commercial uses, except automobile/vehicle sales and services.

ii.

Location.

(a)

Short-term secure bicycle parking must be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves.

(b)

Short-term secure bicycle parking must be located outside of the public right-of-way except as allowed through an encroachment permit.

(c)

Where the secure bicycle parking area is not visible from the main entrance of the buildings, signs located at the main entrance of the building must identify the location of bicycle parking.

iii.

Anchoring and Security. For each short-term bicycle parking space required, a stationary, securelyanchored bicycle rack must be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces.

iv.

Size and Accessibility. Each short-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces.

b.

Long-Term Bicycle Parking. Long-term bicycle parking must be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

i.

Spaces Required.

(a)

A minimum of one long-term secured bicycle parking space must be provided for every four dwelling units or portion thereof.

(b)

Any establishment with six or more full-time equivalent employees must provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 10 required vehicle parking spaces. Parking areas with fewer than six spaces are encouraged but not required to provide long-term bicycle parking.

ii.

Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building must identify the location of bicycle parking.

iii.

Anchoring and Security. Long-term bicycle parking must be located in an enclosed bicycle locker or other secure areas approved by the Community Development Director.

iv.

Size and Accessibility. Each long-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces.

ssibility. Each long-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022; Ord. No. 1164, § 2(Exh. A), 10-3-2023)

The Beaumont Mixed Use Zone is intended to facilitate Beaumont Avenue corridor's transition to a mixeduse district with a mix of professional office, limited commercial uses and residential uses that are compatible with the abutting single-family residences to the east and west. Development is intended to be less intense than the DMU zoning district in keeping with the scale of surrounding development.

A.

Beaumont Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.

B.

Beaumont Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Beaumont Mixed Use Zone, Development Standards. The following standards shall apply to the Beaumont Mixed Use Zone (BMU Zone):

1.

Lot Area and Dimensions. No minimum lot size required.

2.

Setbacks and Yards. The following setback requirements are applicable to the Beaumont Mixed Use Zone (BMU Zone):

a.

Front Yard Setbacks. The minimum front yard setback is 5 feet and the maximum front yard setback is 20 feet. In no event shall a residence be situated in such a manner as to result in a distance of less than 20 feet between the back of a sidewalk and the face of a garage door.

b.

Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.

c.

Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.

3.

Density. The maximum density shall be 10 units per acre.

4.

Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only.

5.

Building Height. In the Beaumont Mixed Use Zone (BMU Zone), the maximum height of any building shall not exceed 2 stories or 35 feet.

D.

Beaumont Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Beaumont Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone.

F.

Beaumont Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

The Sixth Street Mixed Use Zone is intended to provide for commercial and multifamily residential uses along Sixth Street, east of Palm Avenue either as stand alone or in a mixed use setting. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment and supportive of the Downtown retail environment west of Palm Avenue.

A.

Sixth Street Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.

B.

Sixth Street Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Sixth Street Mixed Use Zone, Development Standards. The following Standards shall apply to the Sixth Street Mixed Use Zone (SSMU Zone):

1.

Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use Zone (SSMU Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use Zone (SSMU Zone):

a.

Front Yard Setbacks. Minimum five feet. Maximum 10 feet. All portions not used for access must be landscaped.

b.

Front Yard Setback, Above Ground Parking. Minimum 40 feet. The setback for above ground parking may be waived by the Community Development Director upon making the following findings:

i.

The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and

ii.

The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.

c.

Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.

d.

Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.

e.

Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10.

3.

Density. The maximum density shall be 22 units per acre.

4.

Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only.

5.

Building Height. In the Sixth Street Mixed Use Zone (SSMU Zone), the maximum height of any building shall not exceed 4 stories or 60 feet, except as noted below.

Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2.

D.

Sixth Street Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Sixth Street Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback).

F.

Sixth Street Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

H.

Adjacency to Interstate 10. The following standards apply to development that are within 500 feet of Interstate 10 as measured from its right-of-way:

1.

Locate occupied open space areas (play areas, courtyards, patios, balconies, etc.) as far from the freeway as possible when the size of the site permits.

2.

Prioritize the location of non-habitable uses, such as parking structures and building areas not calculated in floor area, nearest the freeway.

3.

Screen the project site with substantial vegetation and/or a wall barrier.

4.

Provide special noise mitigation for residential uses in this zoning district that are within 500 feet of Interstate 10.

I.

Supplemental Standards. Additional standards listed in Section 17.19.040.I and Section 17.19.040.J apply in the SSMU Zone.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022; Ord. No. 1164, § 2(Exh. A), 10-3-2023)

The Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) is intended to provide for multifamily residential and commercial uses along the north side of Sixth Street, east of Palm Avenue. Multifamily residential uses are required, either as stand alone or in a mixed use setting. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment and supportive of the Downtown retail environment west of Palm Avenue.

A.

Sixth Street Mixed Use—Residential Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.

B.

Sixth Street Use—Residential Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Sixth Street Mixed Use—Residential Zone, Development Standards. The following standards shall apply to the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone):

1.

Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use— Residential Zone (SSMU-R Zone):

a.

Front Yard Setbacks. Minimum five feet. Maximum 10 feet. All portions not used for access must be landscaped.

b.

Front Yard Setback, Above Ground Parking. Minimum 40 feet. The setback for above ground parking may be waived by the Community Development Director upon making the following findings:

i.

The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and

ii.

The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.

c.

Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.

3.

Density. The maximum density shall be 22 units per acre.

4.

Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only.

5.

Building Height. In the Sixth Street Mixed Use—Residential Zone (SSMU-R Zone), the maximum height of any building shall not exceed 4 stories or 60 feet.

6.

Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2.

D.

Sixth Street Mixed Use—Residential Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Sixth Street Mixed Use—Residential Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback).

F.

Sixth Street Mixed Use—Residential Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

H.

Supplemental Standards. Additional standards listed in Section 17.19.040.I and Section 17.19.040.J apply in the SSMU-R Zone.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022; Ord. No. 1164, § 2(Exh. A), 10-3-2023)

17.19.080 - Downtown Residential Multifamily Zone (DMF Zone).

The Downtown Residential Multifamily Zone (DMF Zone) is intended to encourage walkable, transit ready residential development in the proximity to Downtown, and to facilitate further development of this land use type. This includes higher density housing that includes condominiums, townhomes, duplexes, patio apartments, senior housing and supporting ancillary facilities.

A.

Downtown Residential Multifamily Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.

B.

Downtown Residential Multifamily Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Downtown Residential Multifamily Zone, Development Standards. The following standards shall apply to the Downtown Residential Multifamily Zone (DMF Zone):

1.

Lot Area and Dimensions. Lot sizes for the Downtown Residential Multifamily Zone (DMF Zone) shall not be less than 6,000 square feet with an average lot width of 60 feet and a minimum average lot depth of 100 feet. Smaller lots may be allowed consistent with 17.11.030.D (Small Lot Development).

2.

Setbacks and Yards. The following setback requirements are applicable to the Downtown Residential Multifamily Zone (DMF Zone):

a.

Front Yard Setbacks.

The minimum front yard setback is 10 feet.

2.

The maximum front yard setback is 20 feet. The maximum setback requirement may be waived if the Director finds:

a.

Common plazas, courtyards, or outdoor amenity areas are located between the street and the building(s);

b.

The building(s) incorporates an entrance design that creates a welcoming entry feature facing the street; or

c.

A larger area is required to preserve existing mature trees or natural features.

b.

Rear Yard Setbacks. The minimum rear yard setback is 15 feet, except a minimum rear yard setback of 20 feet is required when adjacent to a single family residential use.

c.

Side Yard Setbacks.

1.

The minimum interior side yard setback is five feet, except corner lots shall have a minimum street side yard setback of 10 feet. The minimum interior side yard setback is increased to 15 feet if adjacent to a single family residential use and to 20 feet for a three-story building.

2.

The maximum street side yard setback is 20 feet. The maximum setback requirement may be waived if the Director makes the findings listed in subparagraph 17.19.080.C.2.a.2.

3.

Building Placement Requirements.

a.

Building façade(s) shall extend a minimum of 65 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 65 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement.

b.

In the area between the minimum and maximum street side yard setback, 50 percent of the linear distance parallel to the street shall be occupied by a building façade(s).

Figure 17.19-4. Building Placement Requirements, DMF Zone

==> picture [432 x 329] intentionally omitted <==

Density. The density shall not exceed 22 units per acre.

5.

Useable Yard Area (Open Space) Requirements. The following minimum useable open space standards are applicable to development within the Downtown Residential Multifamily Zone (DMF Zone):

a.

For multifamily developments of fewer than 20 units, each unit shall have a minimum of 100 square feet of usable open space.

b.

For multifamily developments of 20 or more units, each unit shall have a minimum of 200 square feet of usable open space.

c.

The definition of useable open space and the method of computation is provided in Chapter 17.14 (see "Open Space, Useable").

6.

Building Height. In the Downtown Residential Multifamily Zone (DMF Zone), the maximum height of any building shall not exceed 35 feet.

7.

Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2.

D.

Downtown Residential Multifamily Zone, Off street Parking.

1.

Parking shall not be located in the front setback unless the Director makes the following findings:

a.

Buildings comply with the maximum front setback requirement;

b.

The parking area located within the front setback is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06; and

c.

Requirements in Chapter 17.05 are complied with.

2.

Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Downtown Residential Multifamily Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Downtown Residential Multifamily Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

H.

Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065.I apply to multiple family developments, multiple family residential components of mixed-use developments, and attached single unit developments, in the DMF Zone.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

The Local Commercial Zone (LC Zone) is intended to permit development that provides for a range of commercial service and retail land uses that are in proximity to residential neighborhoods consistent with the General Plan.

A.

Local Commercial Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section.

B.

Local Commercial Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Local Commercial Zone, Development Standards. The following standards shall apply to the Local Commercial Zone (LC Zone):

1.

Lot Area and Dimension. Lots sizes for the Local Commercial Zone (LC Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 100 feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Local Commercial Zone (LC Zone):

a.

Front Yard Setbacks. The minimum front yard setback is 5 feet.

b.

Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use.

c.

Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use.

3.

Lot Area Requirements. The area occupied by all structures shall not exceed 50 percent of the lot area and the maximum permitted floor area ratio is 0.7.

4.

Building Height. In the Local Commercial Zone (LC Zone), the maximum height of any building shall not exceed 60 feet.

D.

Local Commercial Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Local Commercial Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Local Commercial Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Supplemental Standards.

1.

Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings:

a.

The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; or

b.

The design incorporates habitable space built close to the public sidewalk; and

c.

The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.

2.

Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. (Figure 17.19-3).

a.

Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

b.

Exceptions for parking garages. Multi-level garages are exempt from this requirement.

c.

Reductions. This requirement may be reduced or waived if the Director makes the following findings:

1.

The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and

2.

Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level.

3.

Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways.

4.

Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk.

5.

Wall Plane Modulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 50 horizontal feet of wall.

6.

Pedestrian Access. On-site pedestrian circulation and access shall be provided consistent with the following standards.

a.

Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

To circulation network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

c.

To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

d.

To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

e.

Pedestrian walkway design.

1.

Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials.

2.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method.

3.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier.

7.

Public Open Space Requirement. Developments with 50,000 square feet or more of non-residential floor area on sites of two acres or larger shall provide open space consistent with the following:

a.

Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet.

b.

Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement.

c.

Such open space shall have a minimum dimension of 40 feet.

d.

Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas.

e.

The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.19.120 - Permitted uses for Downtown Base Zone Districts.

The permitted uses for the Base Zone Districts (identified in Section 17.19.040 through 17.19.090) are listed in Table 17.19-1.

N = Not Permitted

P = Permitted

C = Conditionally Permitted

A = Permitted as an Accessory Use

Footnotes:

1 Use is allowed only on upper floor locations on parcels fronting 6th Street and Beaumont Avenue. Limited lobby or entry areas are allowed on the ground floor.

2 Use is not allowed on parcels fronting 6th Street and Beaumont Avenue unless approved by the Planning Commission through the Conditional Use Permit process.

3 Use is limited to 2,500 square feet unless approved by the Planning Commission through the Conditional Use Permit process.

4 These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center.

5 New liquor stores shall not be located within 1,000 feet of another liquor store.

6 Must comply with step back standards (Figure 17.19-2) and setbacks per zone if adjacent to single family residential use. Performance standards per Chapter 17.04 apply.

7 Use is limited to 5,000 square feet unless approved by the Planning Commission through the Conditional Use Permit process.

8 Use is limited to 10,000 square feet unless approved by the Planning Commission through the Conditional Use Permit process.

9 CUP required if proposed use is larger than 10,000 square feet.

10 A Live/work unit is only permitted in the primary structure.

11 New fast-food restaurants should not be located within 1,000 feet of another fast food restaurant.

12 Temporary Use Permit required.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1141, § 5(Exh. A), 10-5-2021; Ord. No. 1150, § 4(Exh. A), 10-4-2022; Ord. No. 1151, § 4(Exh. A), 11-15-2022)

Chapter 17.20 - NO NET LOSS PROGRAM

17.20.010 - Purpose and authority.

The City desires to ensure its compliance with SB330 and establish a no Net Loss Program for certain residential projects. This chapter provides, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. In doing so, the proposed section will ensure that there is no net loss of residential capacity within the City as required by SB330.

On October 9, 2019, the California Legislature adopted Senate Bill 330 (SB330) which, among other things, adopted Government Code Section 66300, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless replaced in other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB330 became effective on January 1, 2020.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings:

Community Development Director. The Community Development Director of the City.

Density Bonus. A density increase of up to those percentages above the otherwise maximum residential density as specified in this chapter.

Density Bonus Housing Agreement. A legally binding agreement between a developer of a housing development and the City containing such terms and conditions as determined by the City Attorney, which ensures that the requirements of this chapter are satisfied.

Density Bonus Units. Those residential units granted pursuant to the provisions of this Chapter, that exceed the maximum residential density for the development site and that are available in the Unit Bank.

Housing Development. Construction projects consisting of five or more residential units or Lots, including single-family and multifamily, that are proposed to be constructed pursuant to this chapter.

Maximum Residential Density. The maximum number of residential units permitted by the City's General Plan Land Use Element and Zoning Code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the additional units permitted by this chapter.

Lot.

(1)

A lot when shown as a delineated lot of land with a number or other designation on a parcel map or tract map and not to be used for the common benefit of other lots recorded in the Office of the County Recorder of Riverside County and legally created under the Subdivision Map Act;

(2)

A lot of land held under separate ownership from adjacent property that constitutes a legal lot under applicable law.

Unit Bank. The number of units available to the No Net Loss Program as a result of a change of zone from a residential use to a less intensive residential use or a non-residential use. The Community Development Director, or his or her designee, shall have the sole authority to administer and maintain the unit bank balances, credits and availability as he or she determines, which determination shall be final.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

The City shall grant a density bonus through the No Net Loss Program to projects which meet the following criteria:

A.

The project is on a parcel of at least one acre, or the applicant is processing an application concurrently with a parcel merger of two or more lots or more which will create a lot of not less than one acre.

B.

The project takes place in one of the following zones:

1.

Traditional Neighborhood (TN)

2.

Residential Multiple-Family (MFR)

3.

Downtown Residential Multi-Family (DMF)

4.

Sixth Street Mixed Use Residential (SSMU-R)

5.

Transit Oriented Development Overlay (TOD)

C.

In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density for the site shall be computed as follows:

1.

In the Traditional Neighborhood (TN) zone the total number of dwelling units allowed under this program shall be calculated by multiplying the maximum density allowed under the applicable zoning designation and multiplying the result by 1.1 for a ten percent density bonus.

2.

In the Residential Multiple-Family (MFR), Downtown Residential Multi-Family (DMF), Sixth Street Mixed Use Residential (SSMU-R) or Transit Oriented Development Overlay (TOD) zones, the total number of dwelling units allowed under this program shall be calculated by multiplying the maximum density allowed under the applicable zoning designation and multiplying the result by 1.2, for a 20 percent density bonus.

Density bonuses in the No Net Loss Program can be combined with other density bonus programs as established in Chapter 17.10 of the Beaumont Municipal Code or with a program in the City's Housing Element.

4.

In no case shall the number of density bonus units awarded under the No Net Loss Program exceed the number of units in the unit bank.

5.

In no case shall the total number of units awarded under any density bonus program exceed 100 percent of those available under Chapters 17.10 and 17.20.

D.

A density bonus agreement shall be required for any project seeking a density bonus as part of the No Net Loss Program.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

17.20.040 - Types of bonuses and incentives allowed.

A.

Density Bonus. The density bonus allowed by this chapter shall consist of those density increases specified in Section 17.20.030 above the maximum residential density applicable to the site as of the date of the project land use permit application.

B.

Mixed Use Zoning allows the housing development to include nonresidential uses. Approval of mixed-use activities in conjunction with the No Net Loss program is permissible if authorized elsewhere under the Beaumont Municipal Code and subject to those requirements. A density bonus will be granted only for the residential portion of a mixed use development.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

All development standards for the base zone and/or overlay district shall be met. Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of the Beaumont Municipal Code.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

A master planning application shall be submitted for any No Net Loss program project. A density bonus request pursuant to this chapter shall be noted on the application and processed as part of the application

for development. The process for obtaining preliminary approval of the density bonus housing agreement, shall be as follows:

A.

Filing. An applicant proposing a housing development pursuant to this chapter shall submit an application for a density bonus housing agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre-application or a formal application, shall include:

1.

A brief description of the proposed housing development, including the total number of units, and density bonus units proposed;

2.

The zoning and general plan designations and assessor's parcel number(s) of the project site;

3.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and

4.

If an additional incentive or program available under the Beaumont Municipal Code or the Housing Element is requested, a description of why the additional incentive or program is applicable to the density bonus units.

5.

Any additional information and submittal requirements as noted on the Master Planning Application.

B.

Review of No Net Loss Program Request.

1.

Within 90 days of receipt of the application for a No Net Loss Program the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this chapter.

2.

If additional incentives are requested under Chapter 17.10 of the Housing Element, the Community Development Director shall inform the applicant that the requested additional incentives are or are not available thereunder for the proposed development and provide justification for said recommendation.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

A.

The terms of the draft density bonus agreement (the "agreement") shall be reviewed and revised as appropriate by the Community Development Director and the City Attorney who shall formulate a recommendation to the Planning Commission for review and the City Council for final approval.

B.

At a minimum, the agreement shall include the following:

1.

The total number of units proposed within the housing development;

2.

A schedule for completion and occupancy of the units;

3.

A description of any additional incentive being provided by the City under Chapter 17.10 or the housing element;

4.

A description of remedies for breach of the agreement by either party; and

5.

Any other provisions to ensure implementation and compliance with this chapter and other density bonus provisions established in Chapter 17.10 or in the City's housing element, as applicable, including but not limited to:

i.

A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;

ii.

The location, unit sizes (square feet), and number of bedrooms of target units, as that term is defined in Chapter 17.10.020 c. Tenure of use restrictions for target units;

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

A.

The provisions of this chapter shall be administered by the Community Development Department. Project approval processes are established in Beaumont Municipal Code Chapter 17.02 entitled Administration and

Enforcement.

B.

Projects requesting density bonus through the No Net Loss Program are subject to processing through both Beaumont Municipal Code Chapter 17.02 entitled Administration and Enforcement and the requirements in this chapter.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)

17.20.090 - Fee.

The City Council has set by resolution application fees for the submissions required by this Chapter. The fees set by the resolution of the City Council with regards to this section shall not exceed the amount reasonably necessary for the City to perform the services provided under this Chapter.

(Ord. No. 1139, § 6(Exh. A), 9-7-2021)