Beaumont Municipal Code Ch. 17.C.10 Specific to Uses

The purpose of this Chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zones. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.

Each land use and activity covered by this Chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this Title requires in the zone where the use or activity is proposed and all other applicable provisions of this Title.

A. The uses that are subject to the standards in this Chapter shall be located only where allowed by the zone, specific plan, and/or overlay zone use regulations.

B. The uses that are subject to the standards in this Chapter are allowed only when authorized by the planning permit required by Division 17.B (Zone Regulations) except where this Chapter establishes a different planning permit requirement for a specific use.

A. Purpose. The purpose of this Section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code § 66310 et seq.

B. Applicability.

1. Locations Permitted. ADUs and JADUs are permitted on all lots zoned for single-family or multiple family residential use that contain an existing or proposed dwelling (see Division B (Zone Regulations)).

2. Ministerial Review Required. All ADU and JADU applications shall be reviewed ministerially without discretionary review or public hearing in accordance with California Government Code § 66317(a).

3. Accessory Use. ADUs and JADUs are deemed accessory uses and do not count toward the allowable density for the lot on which they are located.

4. Relationship to Other Regulations. Where this Section does not address a particular standard or procedure, other provisions of this Title apply to the extent they do not conflict with this Section or state law.

C. State-Exempt ADU and JADUs. The following ADUs and JADUs must be permitted subject only to the requirements in this Subsection and Building Code and health and safety requirements, and not subject to any other standards, consistent with Government Code § 66323.

1. Single-Family Detached ADUs and JADUs. One detached ADU subject to the following standards:

a. Maximum size of 800 square feet;

b. Maximum height complies with Subsection 17.C.10.030.G.3 (Maximum Allowed Height); and

c. Minimum 4-foot side and rear setbacks.

2. Single-Family Converted ADUs and JADUs. One ADU and one JADU converted from existing or proposed space subject to the following standards:

a. Must have exterior access and setbacks sufficient for fire and safety; and

b. An expansion of up to 150 square feet beyond the physical dimensions of the structure may be added to accommodate ingress and egress for a converted ADU; or

c. The converted JADU must comply with the standards in Subsection 17.C.10.030.H (Additional Junior Accessory Dwelling Unit (JADU) Standards).

3. Multiple Family Detached ADUs. Up to two detached ADUs on a lot that has a proposed multiple family dwelling or up to eight detached ADUs on a lot with an existing multiple family dwelling, provided the total number of ADUs does not exceed the number of existing units on the lot subject to the following standards:

a. Maximum height complies with Subsection 17.C.10.030.G.3 (Maximum Allowed Height); and

b. Minimum 4-foot side and rear setbacks. If the existing multiple family dwelling has side or rear setbacks of less than four feet, no change to the existing multiple family dwelling may be required to alter the existing dwelling to provide a four-foot setback.

4. Multiple Family Converted ADUs. One ADU converted from non-livable space within an existing multiple family dwelling unit for up to 25 percent of the multiple family dwelling units. "Livable space" is as defined by California Government Code § 66313(e).

5. Short-Term Rental Use Prohibited. State exempt ADUs and JADUs may only be rented for a term that is 30 days or longer.

D. Number of Unit Types Allowed.

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

2. Multiple Family Dwellings. On lots with existing or proposed attached multiple family dwellings, the following shall be allowed:

a. Existing Multiple Family Dwelling.

(i) Up to eight detached ADUs, provided the total number of ADUs does not exceed the number of existing units on the lot.

(ii) Conversion of areas not used as livable space, as defined by California Government Code § 66313(e), within the existing main structure to one or more ADUs, provided that the maximum number of such ADUs shall not exceed 25 percent of the number of multiple family units, and each ADU complies with Building Code standards.

b. Proposed Multiple Family Dwelling. Up to two detached ADUs.

E. Permit Process, Timing, and Fees.

1. Permits Required. ADUs and JADUs shall require a Building Permit only.

2. Permit Process and Timing.

a. The City must approve or deny an application to create an ADU or JADU within 60 days of receipt of a complete application, unless the ADU application uses plans preapproved by the City in compliance with Subsection 17.C.10.030.E.2.c below. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved unless the following:

(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

(ii) If the application to create an ADU or JADU is submitted with an application to create a new single-family or multiple 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 or multiple family dwelling, but the application to create the ADU or JADU shall be considered ministerially without discretionary review or a hearing.

b. If the City denies an application to create an ADU or JADU, the City must describe, in writing, a full set of comments listing the items that are defective or deficient and a description of how the application can be remedied by the applicant. Notice of denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection 17.C.10.030.E.2.a.

c. The City shall act on an application to create a detached ADU within 30 days if the ADU uses building plans that have been preapproved by the City.

3. Impact and Utility Fees. Prior to issuance of a Building Permit for an ADU or JADU, the applicant shall pay all applicable fees in accordance with the following provisions:

a. Impact Fees.

(i) The City shall not impose impact fees on a JADU, regardless of size, or an ADU less than 750 square feet in size.

(ii) For ADUs of 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the primary unit. The fee shall be calculated as follows: the floor area of the ADU, divided by the floor area of the primary dwelling, multiplied by the typical fee amount charged for a new dwelling.

(iii) "Impact fee" means a fee as defined in California Government Code § 66000(b) and fees specified in § 66477 but does not include any connection fee or capacity charge for water or sewer service.

b. Utility Fees and Connections.

(i) Within Existing Structures. The City shall not require installation of a separate direct connection between an ADU or JADU contained within an existing structure and the utility.

(ii) With New Single-Family Homes. A separate utility connection directly between the ADU or JADU and the utility shall be required, with payment of the normal connection fee and capacity charge applicable to a new single-family dwelling.

(iii) All Other Detached ADUs. The City shall require installation of a new or separate utility connection directly between the ADU and the utility and be charged a connection fee and/or capacity charge. Connection fees and capacity charges shall be proportionate to the burden imposed by the ADU on the water or sewer system based upon either its square footage or number of plumbing fixtures.

4. Nonconforming Conditions, Building Code Violations, and Unpermitted Structures. The City shall not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU in compliance with California Government Code § 66322(b).

F. General ADU and JADU Standards.

1. Separate Conveyance. An ADU or JADU may be rented, but neither may not 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 California Government Code § 66340 et seq. are met.

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

3. No Minimum Parcel Size. There is no minimum parcel size required to establish an ADU or JADU.

4. Minimum Unit Size. The minimum size of an ADU or JADU is 150 square feet ("efficiency unit" per California Health and Safety Code § 17958.1).

5. Fire Sprinkler Requirements. ADUs and JADUs shall not be required to include fire sprinklers if they are not required for the primary residence.

6. 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 California Health and Safety Code § 17980.12.

7. 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 through periodic surveys to determine rent levels of ADUs and JADUs for the City's Regional Housing Needs Allocation reporting.

8. 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) must be brought into compliance with the standards and regulations in effect at the time. Upon approval of the reversion request by the City, any applicable deed restriction to the ADU or JADU shall be rescinded from title.

G. Additional Accessory Dwelling Unit (ADU) Standards.

1. Maximum Size.

a. Detached ADUs.

(i) Single-Family Detached ADUs. The maximum unit size of a detached ADU is 850 square feet for a studio or one-bedroom unit and 1,200 square feet for an ADU with two or more bedrooms.

(ii) Multiple Family Detached ADUs. No maximum unit size.

b. Single-Family Attached ADUs. The total floor area of an attached ADU shall not exceed 50 percent of the existing primary dwelling; however, this standard shall not prevent an attached ADU from being less than 800 square feet.

c. Converted ADUs. There is no maximum unit size for ADUs created from the conversion of existing space; however, the following standards shall apply.

(i) Single-Family Converted ADUs. Must be created within the proposed or existing space of a single-family dwelling. ADUs created from the conversion of an existing accessory structure may add up to 150 square feet beyond the physical dimensions of the structure to accommodate ingress and egress.

(ii) Multiple Family Converted ADUs. Must be created within existing non-livable space.

2. Setbacks.

a. Front setbacks shall be those established by the applicable zone, provided that the setback requirement does not preclude an ADU of at least 800 square feet. If the applicable zone's minimum front setback standard would preclude an ADU of up to 800 square feet, the ADU may be located partially or wholly within the front setback.

b. Minimum side and rear setbacks shall be four feet or the setback for the applicable zone, whichever is less.

c. 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.

3. Maximum Allowed Height.

a. Detached ADUs. Detached ADUs are allowed to be 16 feet in height except as follows:

(i) Accessory to a multi-story multiple family dwelling. Up to 18 feet if the ADU(s) are accessory to an existing or proposed multi-story multiple-family dwelling

(ii) Within ½ mile walking distance of a major transit stop or high-quality transit corridor as defined in California Public Resources Code § 21155. 18 feet. An additional two feet in height is allowed to accommodate a roof pitch that is aligned with that of the primary dwelling unit.

b. Attached ADUs. 25 feet or the height limitation of the zone, whichever is lower, but no higher than two stories if attached to the primary dwelling.

4. Parking.

a. One off-street parking space must be provided for each ADU, except as provided below. The parking space may be provided as tandem parking and may be located in setbacks, but not in the front setback unless on the driveway. Uncovered parking spaces are permitted.

b. When a garage, carport, covered, or uncovered parking space 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.

c. Parking for an ADU shall not be required in the following situations:

(i) The ADU is located within one-half mile walking distance of public transit.

(ii) The ADU is located within an architecturally and historically significant historic zone.

(iii) The ADU is part of the proposed or existing primary residence or an existing accessory structure.

(iv) When on-street parking permits are required but not offered to the occupant of the ADU.

(v) When there is an established car share vehicle stop located within one block of the ADU.

(vi) When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multiple family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria of this Subsection.

5. Design. The following standards may only apply to the extent allowed by state law.

a. Entrances. The main entrance to an attached ADU may not be located on the front of the primary unit.

b. Second story units. New second-story windows in an ADU that are 25 feet or less from a property line must incorporate at least one of the following:

(i) The proposed second-story window of the ADU shall be positioned so that the window sill is at least five feet above finished floor; or

(ii) The proposed second-story window of the ADU must utilize frosted or obscured glass in the glazing portion of the window (i.e., glass that is patterned or textured so that objects, shapes, and patterns beyond the glass are not easily distinguishable).

c. When a garage is converted to an ADU, the garage door must 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 must be of the same size, proportion, and spacing as the primary dwelling unit.

H. Additional Junior Accessory Dwelling Unit (JADU) Standards.

1. Maximum Size. The maximum JADU size is 500 square feet. JADUs must be created within the walls of a single-family residence, including attached garages. JADUs may not be constructed within an accessory structure or expanded beyond the dimension of the existing of proposed single-family dwelling.

2. Owner-Occupancy. JADUs are 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.

3. Interior and Exterior Access. JADUs must have an entrance that is separate from the main entrance to the single-family dwelling unit. If the JADU does not have a separate bathroom, the JADU shall have an interior entry to the main living area of the single-family dwelling unit.

4. Efficiency Kitchen Required. JADUs must include an efficiency kitchen with all of the following:

a. A cooking facility with appliances.

b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

5. Parking Not Required. Parking shall not be required for a JADU.

6. Deed Restriction. A deed restriction must be recorded against the lot containing the JADU with the Riverside County recorder's office prior to issuance of any Certificate of Occupancy for the JADU. The deed restriction shall run with the land and may be enforced against future property owners. The deed restriction must state that the JADU may not be transferred or sold separately from the primary dwelling and must include a restriction on the size and attributes of the JADU that conforms with this Section. The form of the deed restriction shall be provided by the City.

A. Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location of adult-oriented businesses, which will permit the location of adult-oriented businesses in certain areas but which will also reduce or prevent neighborhood blight, maintain property values, and reduce the incidence of unlawful activity by preventing the concentration of adult-oriented businesses or their close proximity to incompatible uses.

B. Applicability. This Section applies to:

1. New adult-oriented businesses;

2. The conversion of an existing use to an adult-oriented business;

3. The relocation of any adult-oriented business; and

4. The substantial expansion of an adult-oriented business, meaning a 25 percent increase in the floor area occupied by the adult-oriented business as such floor area existed on the effective date of this Section.

C. Location and Distance Regulations.

1. An adult-oriented business or its substantial expansion shall not be allowed:

a. Within 1,000 feet of any school, public park or recreation area, religious institution, or other adult-oriented business; or

b. Within 600 feet of any residential zone or use; or

c. Within 300 feet of any commercial zone.

2. The distance between any two adult-oriented business premises shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of each business.

3. The distance between any adult-oriented business premises and any school, public park or recreation area, residential use, residential or commercial zone, or religious institution shall also be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the adult-oriented business premises to the closest property line of a school, public park or recreation area, residential use, residential or commercial zone, or religious institution.

D. Signs. In addition to the sign regulations contained in Chapter 17.C.08 (Signs), 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:

1. Except as provided in this Section, only one sign shall be allowed 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.

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

E. Other Regulations. Adult-oriented businesses must comply with Beaumont Municipal Code Chapter 5.60 (Adult-Oriented Businesses).

A. Purpose. The purpose of this Section is to provide regulations for eating and drinking establishments to expand dining area into outdoor spaces in a safe, well designed, and attractive manner.

B. Outdoor Dining.

1. Review and Approval Procedures.

a. New or modified outdoor dining areas on private property may be approved with a Minor Plot Plan in accordance with Section 17.D.04.020 (Plot Plans).

b. In cases where a Conditional Use Permit is required for an eating and drinking establishment, an existing establishment with an approved Conditional Use Permit may add or modify an outdoor dining area with approval of a Minor Plot Plan. No amendment to the approved Conditional Use Permit shall be required.

c. Written permission from the owner of the subject property shall be required as part of the application for outdoor dining.

d. Applications for new or modified outdoor dining areas are also subject to review and approval by the Fire Department.

2. Location and Siting Requirements. Outdoor dining and seating may be conducted as part of a legally established eating and drinking establishment that is located on the same lot subject to the following standards:

a. Dining areas may be located within outdoor areas adjacent to an enclosed restaurant, such as existing private sidewalks and walkways, patios, etc.

b. A minimum five-foot wide path of travel shall be maintained along all pedestrian walkways from parking areas and public sidewalks to all public building entrances.

c. A minimum two-foot setback shall be required between an outdoor dining area barrier and any adjacent parking space(s).

d. An outdoor dining area shall not be separated from the restaurant by any vehicular drive aisle.

e. Outdoor dining areas may be located within, and may replace, existing off-street parking spaces that abut the restaurant establishment and are located on privately owned parcels; however, no existing accessible parking spaces required per Title 24 of the California Building Standards Code and the Americans with Disabilities Act may be removed to accommodate outdoor dining areas. The required number of parking spaces must be provided consistent with allowed reductions in Subsection 17.C.10.050.B.3 (Allowed Reductions to Required Parking Spaces).

f. Outdoor dining areas shall not be located within required loading zones or stormwater treatment areas and shall not obstruct access to utilities.

g. Outdoor dining areas, including permanent canopies, pergolas, or similar shade structures are subject to the setback standards of the applicable zone, with encroachments allowed consistent with Section 17.C.02.150 (Setback Encroachments).

h. Outdoor dining areas shall be subject to all emergency access regulations of the California Fire Code.

3. Allowed Reductions to Required Parking Spaces. The required number of parking spaces may be reduced by up to 15 percent to accommodate new or expanded outdoor dining areas in existing parking areas, provided that the size of the outdoor dining area is 800 square feet or less. Exceptions include:

a. Mixed use zones and commercial zones. The total required parking as specified in Section 17.C.06.050 (Number of Parking Spaces Required) may be reduced by up to 30 percent to accommodate new or expanded outdoor dining areas in existing parking areas.

b. Multi-tenant commercial properties with shared parking. Allowed reductions to required parking to accommodate outdoor dining shall be based on the total parking requirement for all uses and establishments on the subject property, not solely on the parking requirement for the restaurant(s) proposing to add or expand outdoor dining areas.

4. Design Standards.

a. Barriers. Outdoor dining areas shall be delineated by a substantial and durable barrier that separates the dining area from vehicular drive aisles and parking spaces. The following standards apply:

(i) Materials. Barriers should be made from high-quality materials such as wood or iron railings and fencing, planter boxes, and decorative concrete barriers.

(a) Materials and design of barriers and associated amenities should be consistent with the design and appearance of the restaurant and complementary to the character and design of the surrounding district.

(b) Barrier materials must be painted or covered in siding or other finished materials approved by the Department.

(c) Chain link fencing, corrugated metal, unfinished wood materials, stanchions, retractable belts, screens, and small landscape planters are prohibited.

(ii) Barrier height. Solid portions of barriers for outdoor dining areas shall be no more than three feet in height.

(a) Transparent, shatterproof glass (e.g., plexiglass) may be placed above a three-foot solid barrier, up to a total maximum height of six feet.

(b) If the outdoor dining area has a permanent shade or roof structure, plexiglass or other transparent materials may extend to the height of the ceiling.

(iii) If barriers are movable, they must be well secured and designed to support weight leaning against them.

(iv) Barriers must have one opening for emergency access, with a minimum width of 36 inches, for every 20 linear feet of barrier.

(v) Barriers adjacent to parking spaces shall be marked with reflective material, such as tape or plastic reflective strips.

b. Shade structures, tables, chairs, and other amenities. Permanent overhead shade structures may be allowed for outdoor dining areas. The design and location of any permanent overhead shade structure shall complement the main restaurant and shall be subject to review and approval by the Department. All permanent overhead shade structures require a Building Permit and must comply with the following standards.

(i) Materials. Permanent overhead shade structures shall be durable and made from high-quality materials such as wood or metal. Plywood, corrugated metal, and corrugated polycarbonate are prohibited as materials for roofing or shade structures. Tables and chairs should be of a high-quality and visually appealing material such as wood or metal.

(ii) Height. The maximum height for all overhead shade structures for outdoor dining areas shall be 12 feet.

(iii) Non-permanent shade equipment.

(a) Non-permanent shade equipment, such as umbrellas, fabric canopies, or retractable awnings, are permitted provided they are made from high-quality materials and closed or stored when the outdoor dining area is not in use.

(b) For retractable awnings projecting from buildings, the minimum vertical clearance shall be eight feet and the maximum extension from the face of a building shall be seven feet.

(iv) Landscaping. Outdoor dining areas should incorporate landscape planters with decorative plants and flowers.

c. Accessibility Requirements.

(i) Surfaces. Outdoor dining areas shall have hard, non-slip surfaces, including, but not limited to, concrete, tile, stone, or wood/composite decking. Soft surfaces such as dirt, gravel, and lawn are not permitted.

(ii) Ramps. If an outdoor dining area is located on a raised platform or in a sunken area, a ramp that meets the requirements of the California Building Code and the Americans with Disabilities Act must be provided.

5. Lighting. No electrical wires for lighting elements shall cross the required clear path of travel along a public sidewalk or private pedestrian walkway. Solar lighting is encouraged for outdoor dining areas.

6. Signage. All restaurant signage shall comply with Chapter 17.C.08 (Signs). No additional signage shall be permitted in outdoor dining areas.

7. Operational Standards.

a. Hours of operation. The hours of operation for outdoor dining areas shall be limited to the hours of operation of the associated eating and drinking establishment. In no case shall outdoor dining be permitted before 7:00 a.m., and not after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. Friday and Saturday.

b. Alcoholic beverages. All necessary California Department of Alcoholic Beverage Control permits shall be obtained by the eating and drinking establishment operator.

c. Smoking and vaping. No smoking or vaping shall be permitted within outdoor dining areas.

d. Performance standards. All performance standards in Section 17.C.02.120 (Performance Standards) shall be complied with.

8. Maintenance Requirements.

a. Outdoor dining areas shall be kept clean and free of litter and debris at all times.

b. All plants and landscaping shall be maintained in good health.

c. All plexiglass or other transparent materials used as part of an outdoor seating barrier shall be regularly cleaned and provide a clear view from the outdoor seating area. Cracked, broken, or discolored materials are prohibited and shall be replaced immediately.

A. Purpose. This Chapter establishes provisions for the regulation of animal keeping within the City. It is the intent of this Section to accomplish the following:

1. To ensure that animal keeping within the City does not result in an adverse impact related to a health and safety violation;

2. To ensure that the keeping of animals does not create a nuisance.

3. To eliminate conditions that contribute to environmental degradation and pollution; and

B. Applicability. This Chapter is applicable to all zones in the City.

C. Number and Types of Domestic Animals Allowed. Domestic and non-dangerous wild animals may be kept or maintained as pets or for the non-commercial use of members of the family residing on the premises subject to the following restrictions and in conformance with Title 6 (Animals), and all other federal, state, and local laws.

1. Dogs and Cats. Domesticated dogs and cats are limited to a maximum of four dogs and four cats over the age of four months for each developed residential lot in compliance with Beaumont Municipal Code Title 6 (Animals).

2. Small Animals. Small animals permitted in all residential zones shall include birds, chickens, peafowl, duck and other fowl, rabbits, and similar species which do not constitute a public nuisance. Other similar small animals that in the opinion of the Community Development Director are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this Subsection are allowed. Animals must be kept or maintained at a place where the keeping of domestic animals is allowed and must be maintained in full compliance with Riverside County Health Department standards. The number of small animals is limited to no more than 10 per household. No more than four birds, chickens, or other fowl shall be allowed in compliance with Beaumont Municipal Code Section 6.02.160 (Roosters, Peacocks and Flocks Prohibited).

3. Large Animals. Lots or parcels of land within the Rural Residential (R-R) zone having a minimum area of 20,000 square feet per dwelling unit may keep or maintain the large animals listed in Table 17.C.10.060-A (Requirements for Large Animals) in the numbers specified, not to exceed one animal per 20,000 square feet. Other large animals that, in the opinion of the Community Development Director, are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are allowed with the same numerical limitations. Animals must be kept or maintained in full compliance with applicable Riverside County Health Department standards.

Table 17.C.10.060-A: Requirements for Large Animals

4. Other. Other animals as provided for by Beaumont Municipal Code Title 6 (Animals).

D. Performance Standards for Animal Keeping. Accessory structures and other improvements related to the keeping of animals must conform to the following performance standards and consistent with Beaumont Municipal Code Title 6 (Animals).

1. Fencing Required. All persons owning or having care, custody, or control of any animal must maintain adequate fencing to keep the animal from wandering or flying upon the property of another.

2. Animal Keeping Improvements Must Not Create a Nuisance. The use of animal keeping improvements and accessory structures will not be allowed to create a nuisance for neighboring properties. Nuisances may include, but not be limited to, noise, light and glare, odors, or fugitive dust.

3. Maintenance and Cleaning. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste, and must comply with other provisions outlined in Subsection 17.C.10.060.F (Environmental Management).

4. Enjoyment of Adjoining Property. The use of animal keeping improvements and accessory structures shall not be allowed to unduly interfere with the free and unencumbered enjoyment and use of adjoining or nearby residential lots or otherwise be detrimental to the public health, safety, or welfare.

5. Portable Facilities. The construction, placement, and use of portable facilities, including but not limited to portable fences, structures used for the storage of animal feed, and animal shelters, must be in conformance with all of the provisions outlined in Subsection 17.C.10.060.F (Environmental Management).

E. Standards For Dog Shelters, Enclosures, Pens, and Stables. Accessory structures and other improvements related to the keeping of animals must comply with the following standards:

1. Dog-keeping Standards.

a. Dog shelter. Any person owning or keeping a dog confined outside shall provide the dog with access to clean water, food, and an appropriate dog shelter. The shelter must be sanitary, of sound construction, and provide adequate protection from the elements (wind, rain, and sun). It must have at least three sides, a weather-proof roof, a solid sanitary floor, and be adequately ventilated. The shelter must be large enough for the dog to stand, lie down, and turn around. Suitable drainage must be provided so that water is not standing in or around the shelter.

b. Tethering. A person shall not tether (fasten, chain, tie, or restrain) a dog to a doghouse, tree, fence, or any other stationary object except in compliance with this Subsection:

(i) A person may tether a dog no longer than is necessary for the person to complete a temporary task that requires a dog to be restrained for a reasonable period of three hours in a 24-hour period.

(ii) A person may attach a dog to a running line, pulley, or trolley system in compliance with the following standards:

(a) Only one dog may be tethered to each running line, pulley, or trolley system.

(b) The tether must be attached to a properly fitting collar or harness worn by the dog with enough room between the collar and the dog's throat through which two adult fingers may fit. Choke collars, pinch collars, and chain collars are prohibited for the purpose of tethering a dog to a running line, pulley, or trolley system.

(c) There must be a swivel on each end of the tether to minimize tangling of the tether. The tether and the running line, pulley, or trolley system must be at least 10 feet in length and must allow continuous access to clean water, food, and shelter.

(d) The running line, pulley, or trolley system and tether must be of appropriate configuration to confine the dog to the owner's or keeper's property to prevent the tether from extending over an object that could result in injury or strangulation and to prevent the tether from becoming tangled with other objects or animals.

c. The dog's owner or keeper must reside on the residential property that the dog is kept, whether on a running line, pulley, or trolley system or in a fenced yard.

2. Enclosures for Small Animals. Any pen, coop, or enclosure for the keeping of domestic animals identified under Subsection 17.C.10.060.C.2 (Small Animals) must be located at least 100 feet from any street and not less than 50 feet from any lot line.

3. Stables, Pens, and Enclosures for Large Animals. Stables, pens, and other enclosures for large animals are subject to the standards in Table 17.C.10.060-B (Development Standards for Stables, Pens, and Enclosures for Large Animals).

Table 17.C.10.060-B: Development Standards for Stables, Pens, and Enclosures for Large Animals

Table Notes:

1

Pig(s) must be confined in a pen or other enclosure. If the pig(s) are kept year-round and all or a portion of the pen or enclosure is uncovered, the uncovered portion of the enclosure shall have an impervious floor. Pens and enclosures for pigs are allowed only on lots containing a residential unit.

4. Modifications. Requests for modifications from the setback requirements of this Section may be requested through a Minor Modification or Variance application, as appropriate (see Sections 17.D.04.050 (Minor Modifications) and 17.D.04.060 (Variances)).

F. Environmental Management. This Section outlines the standards governing the maintenance and upkeep of animal keeping facilities that includes, but may not be limited to, stables, pens, corrals, equestrian rings, and other structures used for the housing of animals.

1. Water Runoff. All animal-keeping facilities must be designed in a manner so that water runoff is contained and disposed of in a manner so that the runoff does not contribute to the pollution of local groundwater or the flooding of adjacent properties.

2. Open Water Containers or Standing Water. Open watering containers must be designed so that they do not become attractants for mosquito larvae. Standing water is not allowed.

3. Waste and Debris Containers. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste. Storage containers for debris, trash, and animal waste must be kept closed at all times.

4. Odors. Animal keeping facilities and accessory uses must be designed and maintained to prevent odors from affecting adjacent properties.

5. Feed Storage. Buildings, containers, or any other improvement used for the storage of feed must be constructed of materials to ensure that feed is not an attractant to insects, rodents, and other vectors and to control odors.

6. Pest Control. All animal-keeping facilities must be kept free of vectors through periodic pest control inspections.

7. Chemicals. The storage, handling, and disposal of any potentially hazardous chemicals or commercial products used in the routine maintenance of animal control facilities or in the care of the animals must adhere to all pertinent federal, state, or Riverside County Health Department standards.

8. Fugitive Dust and Particulates. All animal keeping facilities and accessory uses must be designed and maintained to prevent fugitive dust and particulates from affecting off-site locations.

9. Noise. All keeping of animals allowed by this Chapter shall be conducted in a manner which does not result in nuisance noise detrimental to residential living. Animals shall be kept and maintained in manner which contains animal sounds and noise consistent with applicable laws and standards.

10. Manure. Refuse excrement and manure from animals, poultry, fowl or any livestock shall not be allowed to accumulate on any premises in the City for a period in excess of 14 days and must be removed from the premises at not less than 14-day intervals unless spread upon and buried in the earth. Pending its removal from the premises, refuse excrement or manure must be piled in a well-drained area on a base at least four inches above the surrounding levels, to the end that storm or surface waters will flow away from, rather than into the pile.

11. Dead Animals. Dead animals, fowl or poultry, and offal, pending removal from the premises must be in fly tight containers.

12. Flies. Upon inspection, should the Animals Services Officer discover flies in unreasonably excessive numbers, the officer shall require further controls through the use of insecticides, chemicals, or other means.

A. Purpose. The purpose of this Section is to regulate community care facilities that serve seven or more persons and require a license through the State of California in accordance with housing anti-discrimination laws.

B. Applicability. This Section applies to community care facilities identified in California Health and Safety Code § 1502 that serve seven or more persons and require a license through the State of California.

C. Separation Requirement.

1. Any large community care facility that requires a license through the State of California shall not be located within 300 feet or 1,000 feet, as specified, of any other community care facility that requires a similar license consistent with California Health and Safety Code § 1267.9.

2. The separation distance required by Subsection 17.C.10.070.C.1 above shall be measured from the closest walls of both community care facilities.

A. Purpose. The purpose of this Section is to establish standards for vehicle storage and construction yard and equipment rental uses.

B. Applicability. This Section applies to vehicle storage and construction yard and equipment rental uses. This Section does not apply to legally existing vehicle storage and construction yard and equipment rental uses as of the effective date of this Section, August 19, 2021, which are nonconforming. See Chapter 17.C.16 (Nonconforming Buildings, Uses, and Lots).

C. Standards. The following shall apply to all vehicle storage and construction yard and equipment rental uses:

1. Location.

a. Vehicle storage and construction yard and equipment rental 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.

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

2. Site Design Standards.

a. 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.

b. Parking shall be provided for the primary use associated with a storage use in compliance with Chapter 17.C.06 (Parking Requirements) or an applicable specific plan. 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.

c. All vehicle storage and construction yard and equipment rental 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. See Chapter 17.C.04 (Landscaping Standards).

d. Signage for directional guidance to vehicles entering and exiting the facility shall be provided on-site consistent with Chapter 17.C.08 (Signs).

3. Screening Standards.

e. Screening shall be provided for manufacturing and industrial uses as required by Section 17.C.02.140 (Screening Standards).

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

4. Security Standards.

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

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

5. Operational Standards.

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

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

6. Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all storage uses:

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

b. 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 the storage is allowed through the entitlement process in compliance with this Section.

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 sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.

I. Exempt Uses. The following uses are exempt from this Section:

1. Vehicle rental and vehicle sales and leasing;

2. Temporary uses (see Section 17.C.10.230 (Temporary Uses)); and

3. Ancillary or outdoor display by indoor retailers approved as an accessory use. See Subsection 17.C.02.100.C (Permanent or Ongoing Outdoor Display and Sales).

A. Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location, development, and design of drive-through facilities.

B. Circulation Plan. A pedestrian and vehicular circulation plan shall be submitted for approval by the Review Authority. The circulation plan shall indicate how drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive-up facilities, including vehicle queuing, in a manner that will not impede traffic flow on any public right-of-way.

C. Standards. Drive-through facilities shall be located, developed, and operated in accordance with the following standards:

1. Drive-Through Aisles. Drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.

a. Drive aisles are prohibited between the building and street unless no alternative exists.

b. A minimum 15-foot interior radius at curves and a minimum 12-foot width is required.

c. Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.

d. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

2. Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of at least four feet to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

3. Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through aisles unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

4. Separation Requirement. Drive-through facilities that are part of fast food restaurants should not be located within 1,000 feet of one another.

A. Purpose. The purpose of this Section is to establish objective standards specific to emergency shelters in compliance with California Government Code § 65583(a)(4).

B. Applicability. The standards for emergency shelters in this Section apply to all emergency shelters as allowed by Division 17.B (Zone Regulations).

C. Minimum Standards.

1. Outdoor Waiting Areas. The size of outdoor waiting areas on private property shall accommodate the expected number of clients without encroaching upon the public right-of-way.

2. On-site Management. On-site management shall be provided during the hours that the emergency shelter is in operation.

3. Length of Stay. The length of stay for each individual at any emergency shelter shall not exceed 180 days.

4. Lighting. Exterior lighting must comply with Section 17.C.02.050 (Lighting and Illumination).

5. Security. Security shall be provided during the hours that the emergency shelter is in operation. Security plans shall be submitted to the City for review and approval prior to issuance of a Certificate of Occupancy permit.

D. Additional Standards. The Community Development Director may adopt additional written objective minimum standards consistent with California Government Code § 65583(a)(4)(A), as may be amended. Any such administrative standards adopted by the Community Development Director shall be published on the Department's website.

A. Purpose. Energy storage facility standards are adopted with the intent of advancing and protecting 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. Applicability. The standards of this Section apply to all energy storage systems allowed, installed, or modified on or after November 18, 2021, excluding general maintenance and repair. Energy storage systems constructed or installed prior to November 18, 2021, are not subject to this Section. The continuation of legally established existing energy storage systems is subject to Chapter 17.C.16 (Nonconforming Buildings, Uses, and Lots).

C. Development Standards. The following standards 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 must comply with the following site design standards:

a. Screening.

(i) The site must be fully enclosed by a minimum eight-foot, non-scalable solid wall. Walls must consist of either decorative concrete masonry block or decorative concrete tilt-up walls.

(ii) 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.

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

b. Height.

(i) Except as set forth in Subsection 17.C.10.110.C.2.b.ii below, equipment or appurtenances that are not in an enclosed structure shall not exceed the screen wall height described in Subsection 17.C.10.110.C.2.a.i, above. Enclosures for batteries and other systems must not exceed 15 feet in height. Buildings shall be subject to the height standards of the Manufacturing Zone.

(ii) 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 a Minor Modification, or Variance, as appropriate.

c. Placement. All structures/appurtenances must be placed on a paved surface.

d. Parking. On-site parking must be provided as specified below:

(i) For sites occupied daily by employees or contractors during operation of the energy storage facility, one parking space per employee or contractor on a regular work shift must be provided.

(ii) For unoccupied sites, one on-site parking space must be provided.

(iii) All parking and drive aisles shall be paved with asphalt or concrete.

e. Lighting, landscaping, and signage.

(i) All outdoor facilities must comply with Section 17.C.02.050 (Lighting and Illumination).

(ii) All site landscaping must comply with Section 17.C.04 (Landscaping Standards).

(iii) All facilities must have an approved signage plan including safety signage to be posted at the site. See Chapter 17.C.08 (Signs).

D. 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. The decommissioning plan must 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 federal, state, and local waste disposal standards;

c. The anticipated life of the battery energy storage system;

d. The estimated decommissioning costs and how the 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, including, 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, 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 must 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, applicant's requirements associated with the City's approval of the project, and decommissioning plan. A new owner or operator of the battery energy storage facility shall notify the Department of a change in ownership or operator within 30 days of the ownership change. A new owner or operator shall provide the notification to the 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 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.

E. Operational Requirements.

1. Energy storage facilities are subject to the following operational requirements:

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

b. Facilities must comply with Beaumont Municipal Code Chapter 9.02 (Noise Control)

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.

2. The following must occur prior to the issuance of a Certificate of Occupancy or business license for an energy storage facility:

a. Any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational requirements and any conditions of approval associated with the approval for the facility; and

b. The decommissioning plan shall be recorded at the applicant's cost as a restriction running with the land.

A. Purpose. The purpose of this Section is to establish reasonable and uniform regulations for the operation of farmers' markets. The standards that follow are minimum performance standards to ensure compatibility with surrounding uses and to promote public health, safety and general welfare.

B. Required Permits. The market operator and vendors shall obtain a special event permit in compliance with Beaumont Municipal Code Chapter 9.03 (Regulation of Special Events) and secure all necessary licenses, certificates, and health permits; this includes a business license with the City for participating farmers and other vendors. All permits shall be in the possession of the farmers' market manager or the vendor, as applicable, on site during all market hours of operation.

C. Application. An application for a farmers' market shall be submitted to the City on a prescribed City application form and shall include all the information that is necessary for review of the application, such as a site plan and a management plan.

D. Management Plan. A management plan shall be prepared and provided to the Community Development Director. The management plan shall include the following:

1. Identification of a market manager or managers, who shall be present during all hours of operation.

2. A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.

E. Hours of Operation. Market activities may be conducted between the hours of 7:00 a.m. and 10:00 p.m. with specific hours and duration to be approved by the City. Set up of market operations may not begin more than two hours prior to the operational hours of the market and take down shall be completed within two hours of the close of the market.

F. Waste Management. Adequate composting, recycling, and trash containers shall be provided during hours of operation and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

G. Music and Events. Music, performances, or special event activities conducted as part of the farmers' market shall not be allowed within 200 feet of any residentially zoned property unless specifically approved by the Community Development Director.

H. Indemnification. The market operator shall enter into an indemnification agreement by which it agrees to defend, indemnify, and hold harmless the City, its officers, agents, and employees from any and all claims, damages, cost, and other expense, including attorney fees, arising out of the City's approval or as a result of any actions by the market operator in compliance with the City's approval.

A. Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location, development, and design of gas/service stations.

B. Minimum Standards.

1. Minimum Separation between Gas/Service Stations. Gas/service stations proposed in any downtown zone shall be separated from other gas/service stations, whether in a downtown or other zone, by a minimum 1,000 feet.

2. Setbacks for Pump Islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

3. Landscaping. At least 10 percent of the site shall be landscaped. All landscaped areas shall be maintained in compliance with Section 17.C.04 (Landscaping Standards), and the following standards:

c. A minimum six-foot wide inside dimension and a 0.5-foot-high curbed landscaped planter area shall be provided along the front and street property lines, except for vehicular circulation openings. A three-foot wide landscaping buffer shall be provided along all other property lines.

d. A 600-square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

e. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties.

4. Lighting. In addition to the lighting standards required in Section 17.C.02.050 (Lighting and Illumination), all exterior light sources, including canopy, perimeter, and flood, shall be energy-efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.

5. Screening. Mechanical equipment shall be screened in accordance with Subsection 17.C.02.140.F (Equipment Screening).

C. Abandonment. In the case of abandonment or non-operation of the primary use, a gas/service station must be dismantled and the site cleared and remediated as required by federal and state law within 12 months subsequent to the close of the last business day.

A. Purpose. 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 must be clearly incidental and secondary to the principal use of a residential dwelling as a dwelling.

B. Permitted Uses. 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 § 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.

C. Conditions. Home-based businesses are allowed in compliance with 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 California 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 Beaumont Municipal Code Chapter 10.12 (Parking Commercial Vehicles), 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 in this Section. Storage or parking of vehicles associated with the home-based business must fully comply with the provisions of Beaumont Municipal Code Chapter 10.12 (Parking Commercial Vehicles), 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:

a. 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.

b. 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 California Health and Safety Code § 114365. Cottage food operations shall comply with all California Health and Safety Code requirements.

c. 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 California Health and Safety Code § 114365, and (2) a copy of the self-certification checklist submitted to and approved by the County.

d. 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.

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

f. 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 § 114365 et seq.

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

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

D. 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.

E. 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 12-month period. No structure or stand of a permanent nature shall be erected onsite for these exempt sales.

F. Limitations. 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 Homeowners Association or other common interest development.

A. Purpose. The purpose of this Section is to control and regulate land use activities for live-work units. The intent of a live-work unit is to allow small-scale business activities with residential unit, beyond those activities allowed in home occupations, which meet certain standards.

B. Applicability. The provisions of this Subsection apply to the design, development, and operation of live-work units, including new live-work units, conversions of existing residential and nonresidential buildings to live-work buildings, and any change of use or occupancy in a live-work unit.

C. Establishment.

1. Live-work units may be established through the conversion of existing commercial, manufacturing and industrial, or other buildings or by new construction.

2. Uses permitted or conditionally permitted within the zone are allowed as the nonresidential use, unless prohibited in Subsection 17.C.10.140.G (Exemptions).

3. Uses that may, depending on how they are operated, have the potential to generate impacts or would constitute a change in occupancy under the Building Code shall not be approved as a nonresidential use within a live-work unit unless the Review Authority finds that as proposed to be conducted, or as modified by conditions of approval, they would not conflict with or adversely affect others living or working in or nearby the live-work development.

D. Minimum Standards. All live-work units must meet the following standards:

1. Commercial Component.

a. First floor and street entry. The commercial component of a live-work unit shall be located on the first floor with the main entry facing the street or common pedestrian space. The main commercial entry facing the street shall have a commercial, storefront appearance.

b. Restricted to the unit. The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage, or any accessory structure. Commercial outdoor storage is not allowed.

c. Commercial space. Commercial space must occupy a minimum of 40 percent of the total floor area of the unit.

2. Residential Component.

a. Interior access. The residential component shall have direct interior access to the commercial unit.

b. Exterior access. The residential component shall have exterior access that is not through the commercial component.

3. Signs. Sign size, location, illumination and materials, shall be consistent with the architectural building design and approved through a Sign Program. See Chapter 17.C.08 (Signs).

4. Hazardous Materials. Business shall not involve the use of hazardous materials or produce medical or hazardous waste, except those that are below permitted amounts in accordance with the California Fire Code and as amended by Beaumont Municipal Code Chapter 15.20 (Fire Code).

5. Food Operations. All foods must be produced, prepared, packaged, stored, transported, and marketed in compliance with the County of Riverside Department of Environmental Health standards.

6. Nuisance. The live-work unit shall not create external noise, odor, glare, vibration, or electrical interference detectable to the normal sensory perception by adjacent neighbors.

7. Nonresident Employees. Up to two persons who do not reside in the live-work unit may work in the unit. The employment of three or more persons who do not reside in the live-work unit may be permitted subject to a Conditional Use Permit based on additional findings that such employment will not adversely affect traffic, parking, or other conditions in the area where the live-work unit is located.

8. On-Premise Sales. On-premises sales of goods is limited to those produced within the live-work unit. Sales of goods produced within the live-work unit shall be incidental to the primary work use in any building used exclusively for live-work occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows.

E. Business License. A Business License shall be obtained for every commercial space within the live-work units.

F. No Separate Sale or Rental of Portions of Unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.

G. Prohibited Uses. Any use not permitted within the underlying zone is prohibited along with the following:

1. Adult-oriented businesses;

2. Massage establishments;

3. All vehicle-related uses;

4. Places of assembly; and

5. Any other use determined by the Review Authority to be contrary to the standards of this Section.

A. Purpose. The purpose of this Section is to regulate logistic uses in compliance with California Government Code § 65098 et seq., (i.e., AB 98).

B. Applicability. This Section applies to all logistic uses as defined in California Government Code § 65098.

C. Definitions. Terms used in this Section are defined in California Government Code § 65098.

D. General Standards. Logistics uses shall comply with the relevant standards of California Government Code § 65098 et seq.

E. Buffer Required Near Sensitive Receptors. Logistics uses within 900 feet of a sensitive receptor, as defined in California Government Code § 65098(e), shall comply with the standards of California Government Code § 65098.2(a).

F. Additional Standards.

1. Logistics Uses Under 250,000 Square Feet. Logistics uses under 250,000 square feet in size shall comply with the relevant standards of California Government Code §§ 65098.1(c) and 65098.1(d).

2. Logistics Uses 250,000 Square Feet or More. Logistics uses 250,000 square feet or more in size shall comply with the relevant standards of California Government Code §§ 65098.1(a), 65098.1(b), and 65098.1(c).

H. Policy on Land Use and Sensitive Receptors (PLUS). Logistics uses and other similar uses larger than 100,000 square feet in size are subject to the City's Policy on Land Use and Sensitive Receptors (PLUS). Also see Section 17.B.12.040 (Manufacturing Zone Supplemental Standards) for additional standards related to the Manufacturing Zone.

A. Purpose. This Section regulates mini-storages and self-storages.

B. Standards. The following shall apply to mini-storages and self-storages:

1. Site Design Standards.

a. Mini-storage or self-storage shall be limited to occupying parcels of irregular shape not suitable for valuable commercial or manufacturing and industrial job producing uses.

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

c. Parking shall be provided in compliance with Chapter 17.C.06 (Parking Requirements) or an applicable specific plan. All parking lots, drive-aisles, and truck parking areas or truck courts shall be paved with asphalt or concrete. 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.

d. Landscaping shall be provided in compliance with Chapter 17.C.04 (Landscaping Standards).

e. Signage for directional guidance to vehicles entering and exiting the facility shall be provided on-site. See Chapter 17.C.08 (Signs).

2. Screening Standards.

f. Screening shall be provided for manufacturing and industrial uses as required by Section 17.C.02.140 (Screening Standards).

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

3. Security Standards.

a. 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.

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

4. Operational Standards.

a. 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.

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

c. Storage is allowed in required side and rear setbacks. Storage is not allowed in required front or street side setbacks.

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

5. Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all mini-storages or self-storages:

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 sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.

A. Purpose. The purpose of this Section is to establish standards for mobilehome parks.

B. Development Standards for Mobilehome Parks.

1. Site Standards. The following site standards apply to mobilehome parks. Additional standards may be specified through a Conditional Use Permit.

a. Minimum Gross Area: 10 acres.

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

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

d. Maximum Height: 35 feet for mobilehomes and accessory structures.

2. Interior Site Development. The following standards apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional standards may be specified through a Conditional 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. Setbacks.

(i) Front: 20 feet. The 20-foot front setback may be reduced on interior streets to 10 feet if an attached garage is located in front of the mobilehome and at least 65 percent of the front setback area is landscaped with live plant material.

(ii) Side: Five feet.

(iii) Rear: 10 feet.

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 shall be developed in a manner that allows adequate circulation to and within the proposed development for emergency and protective services, including police and fire equipment. Main access drives must have standard class A curbs and gutters. Other interior access drives must 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. At least 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 500 square-foot community recreation area, (exclusive of any mobilehome space) shall be provided within the mobilehome park. The community recreation areas must contain a clubhouse and a recreational area for outdoor games and activities such as shuffleboard, horseshoes, putting green, or a swimming pool. The community recreation and service areas together with the identification of activities planned for the areas, must be shown on the plans and specifications in detail as required by the Community Development Director. The location and size of all facilities indicated in this Subsection shall be subject to the approval of the Planning Commission. The clubhouse must have a floor area of not less than 25 square feet for each residential lot, and must contain adequate kitchen, restroom, and storage facilities. The community area for any mobilehome park must not be less than two acres.

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

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

(ii) 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. Trailer storage. Common area for storage of camp and boat trailers shall be allowed unless designated on the site plan.

j. Mobilehomes per lot. Up to one mobilehome shall be allowed on each lot.

k. Retaining wall. Whenever the soil is excavated below a mobilehome, a retaining wall must be installed extending 0.5 feet above grade. Plans for the retaining wall shall be approved by the Department of Building and Safety.

l. Electrical and television service. The applicant must install all electrical, telephone, C.A.T.V. and similar cables underground (see Section 17.C.02.180 (Underground Utilities)), except that risers on poles and buildings are allowed and utility service poles may be placed on the rear of the property for the purpose of terminating underground facilities.

m. Exemption. The Planning Commission may modify or waive the improvement and setback standards contained in this subsection if it finds that these standards are impractical and will not serve to protect the present or future welfare of the public due to topographical conditions or property ownership patterns.

3. Screening and Landscaping.

a. Perimeter wall required. Masonry walls six feet high shall be erected along all exterior boundary lines, except that along all street boundaries the wall shall be erected five feet from the right-of-way line.

b. Landscaping. 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. The applicant shall construct and maintain all on-site improvements in compliance with the mobilehome park improvement standards as approved by the Review Authority. Standards may include, but are not 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; and

f. Fire protection facilities.

5. Signs. The standards of Chapter 17.C.08 (Signs) shall apply.

A. Purpose. The purpose of this Section is to provide objective design standards for multiple family dwellings.

B. Applicability. This section applies to all multiple family developments, including attached single unit developments, in any zone. Existing multiple family dwellings are not required to comply with these standards or deemed nonconforming because the dwelling does not comply with these standards.

C. Multiple Family Design Standards.

1. Building Scale and Massing.

a. Street-facing Facades. Along the front and street side façade, the fourth story must be stepped back a minimum six feet from the ground floor façade.

b. Interior Side and Rear Facades. Along the interior side and rear façade, when abutting a single-family residential zone, building massing is limited by a 45-degree plane beginning at 24 feet above the interior or rear minimum setback line.

FIGURE 17.C.10.190-1: REQUIRED 45-DEGREE PLANE IMAGE [Figure: FIGURE 17.C.10.190-1: REQUIRED 45-DEGREE PLANE IMAGE]

2. Building Design.

a. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 25 horizontal feet of wall. Building entrances and front porches may count towards meeting this requirement.

FIGURE 17.C.10.190-2: FAÇADE ARTICULATION, MULTIPLE FAMILY DEVELOPMENT REQUIREMENTS [Figure: FIGURE 17.C.10.190-2: FAÇADE ARTICULATION, MULTIPLE FAMILY DEVELOPMENT REQUIREMENTS]

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/or

(iv) Change in roof pitch, such as a gable, or an upper-story step-back.

FIGURE 17.C.10.190-3: BUILDING FAÇADE ELEMENTS [Figure: FIGURE 17.C.10.190-3: BUILDING FAÇADE ELEMENTS]

d. Staggering of Attached Units. For attached townhouse and rowhouse development, facades of adjacent attached units must be staggered a minimum of one foot in plan view to avoid monotony in design.

e. Privacy.

(i) Upper-story balconies, roof decks, and other habitable outdoor space must maintain a minimum 10 feet clear from the property line abutting a lower-intensity residential zone and must include an opaque wall at least four feet in height as measured from the floor of the open space.

(ii) Floor-to-ceiling windows are not allowed on upper-story facades within 10 feet of a property line abutting a lower-intensity residential zone.

f. Wrap-around balconies and decks.

(i) All balconies and decks that turn the corner of a building must be fully covered.

(ii) Required coverings must be architecturally consistent with the design features of the ground floor.

g. Roof design. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets.

(i) When pitched roofs are used, the slope must be 3:12 to 5:12 ratio.

(ii) Eaves must not exceed two feet in depth, or as allowed by the California Fire Code, Chapter 7.

(iii) Street-facing eaves and overhangs that exceed 1.5 feet in depth must be either fully stuccoed on the underside or must incorporate a visible pattern of exterior brackets or beams.

(iv) Parapet segments may not exceed 25 feet in length without a change in height of at least two feet or a change in form.

(v) The roof line at each elevation of attached units shall demonstrate an offset of at least two feet for each one to three units exposed on that elevation, but in no case shall a roof line be more than 50 feet in length without a minimum 18-inch offset.

FIGURE 17.C.10.190-4: ROOF LINE, MULTIPLE FAMILY DEVELOPMENT REQUIREMENTS [Figure: FIGURE 17.C.10.190-4: ROOF LINE, MULTIPLE FAMILY DEVELOPMENT REQUIREMENTS]

h. Transparency and blank walls.

(i) At least 75 percent of the façade of each building adjacent to a street shall be occupied by habitable space with windows.

(ii) Each street-facing building façade shall have at least one pedestrian entry into the structure.

(iii) No wall on any level may run in a continuous plane of more than 12 feet without a projection, offset, or recess of the building wall at least 1.5 feet in depth.

FIGURE 17.C.10.190-5: REQUIRED FAÇADE ARTICULATION [Figure: FIGURE 17.C.10.190-5: REQUIRED FAÇADE ARTICULATION]

i. Building materials. Primary and secondary cladding materials are limited to:

(i) Three-coat stucco in accordance with the CBC (synthetic stucco or Exterior Insulation and Finish Systems [EIFS] are not allowed);

(ii) Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding;

(iii) All siding must be lap, vertical, or shingle;

(iv) Wood siding must be painted or stained and sealed;

(v) Stone (natural or manufactured);

(vi) Metal;

(vii) Brick/masonry; and/or

(viii) Tile.

j. Prohibited building materials. Plywood, corrugated metal, sheet metal, and unfinished aluminum are prohibited.

k. Changes in exterior material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner.

l. Material durability/protection.

(i) Exterior finish materials must have an expected lifespan of no less than 30 years.

(ii) Exterior timber must be protected from decay by stain and sealant.

(iii) Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, weathering steel, or powder coating.

m. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only.

3. Windows.

a. Window recess or trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall.

FIGURE 17.C.10.190-6: WINDOW DESIGN [Figure: FIGURE 17.C.10.190-6: WINDOW DESIGN]

b. Reflective or opaque tinting of glazing is prohibited.

4. Building Entrances.

a. All dwelling units located along streets shall have the primary entrance facing the street. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes.

b. Dwelling units located in the interior of a multiple family development shall be designed so that the primary entryway is visible from a pedestrian pathway that is connected to a street.

c. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of 30 square feet.

d. Multiple family building frontages must take one of the following forms:

(i) Porch. Individual covered porch frontages with dimensions as indicated below:

(a) Porch clear width: Minimum 12 feet.

(b) Porch clear depth (excluding stairs): Minimum eight feet.

(c) Porch finish level above sidewalk: Minimum 18 inches.

(d) Porch clear height: Minimum 8 feet, maximum 12 feet.

FIGURE 17.C.10.190-7: PORCH FRONTAGE [Figure: FIGURE 17.C.10.190-7: PORCH FRONTAGE]

(ii) Stoop. Individual covered stoop frontages with dimensions as indicated below:

(a) Stoop width: Minimum five feet, maximum eight feet.

(b) Stoop depth: Minimum four feet, maximum eight feet.

(c) Stoop height above sidewalk: Minimum 18 inches.

(d) Stoop entry recession: Minimum six inches, maximum six feet.

(e) Stoop clear height: Minimum eight feet.

FIGURE 17.C.10.190-8: STOOP FRONTAGE [Figure: FIGURE 17.C.10.190-8: STOOP FRONTAGE]

(iii) Dooryard. Individual covered dooryard frontages with dimensions as indicated below:

(a) Dooryard width: Minimum five feet, maximum eight feet.

(b) Dooryard depth: Minimum four feet, maximum eight feet.

(c) Dooryard overhead projection depth: Maximum six feet.

(d) Dooryard clear height: Minimum six feet.

(e) Dooryard wall/planter/fence height: Maximum three feet.

FIGURE 17.C.10.190-9: DOORYARD FRONTAGE [Figure: FIGURE 17.C.10.190-9: DOORYARD FRONTAGE]

(iv) Arcade. Individual covered arcade frontages with dimensions as indicated below:

(a) Arcade depth: Minimum eight feet, must be consistent for the length of the arcade.

(b) Arcade clear height: Maximum 12 feet.

(c) Arcade column spacing: Minimum four feet clear between columns.

(d) Arcade distance from curb (encroachment permit may be required): Minimum two feet, maximum six feet.

FIGURE 17.C.10.190-10: ARCADE FRONTAGE [Figure: FIGURE 17.C.10.190-10: ARCADE FRONTAGE]

(v) Gallery. Individual covered gallery frontages with dimensions as indicated below:

(a) Gallery depth: Minimum 12 feet, maximum 16 feet, must be consistent for the length of the gallery.

(b) Gallery clear height: Minimum 12 feet, maximum 16 feet.

(c) Gallery distance from curb (encroachment permit may be required): Minimum two feet, maximum six feet.

FIGURE 17.C.10.190-11: GALLERY FRONTAGE [Figure: FIGURE 17.C.10.190-11: GALLERY FRONTAGE]

(vi) ADA accessibility. All frontages must comply with ADA accessibility requirements.

5. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet.

6. 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.

7. Additions/Remodels. Notwithstanding the design standards of this Section, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

8. Usable Open Space Design.

a. Required private open space design.

(i) Required private open space must take the form of balconies, decks, patios, fenced yards, or other similar areas outside the residence.

(ii) Required private open space must be accessible only to the occupants of the dwelling unit by a doorway to a habitable room or hallway.

b. Required common open space design.

(i) Required common areas must include landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements that enhance the outdoor environment of the development.

(ii) Required common open space must be accessible to occupants of all dwelling units in the development site.

(iii) Common open spaces may be at-grade, elevated, on parking podiums, or on rooftops. See Subsection 17.C.10.190.C.2.e.i for additional limitations on elevated open space.

(iv) A surface must be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing.

(v) The slope of required common open space may not exceed 10 percent.

9. Parking Design and Access.

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. Parking in the Front Setback. Any driveways or other paved parking areas located in the front setback must be a minimum 18 feet in length.

c. Garages.

(i) Garage doors must be recessed a minimum of six inches from the face of the garage.

(ii) All two-car garages must have a minimum free and clear interior dimension of 24 feet by 24 feet, while one-car garages must have a minimum dimension of 14 feet by 24 feet.

d. Structured Parking Levels Facing the Right-of-Way. Where ground level structured parking occupies more than 30 percent of a building facade facing a right-of-way or pedestrian walkway, the finished floor of the parking level must be a minimum four vertical feet below the finished grade at the building facade.

FIGURE 17.C.10.190-12: STRUCTURED PARKING LEVELS FACING THE RIGHT-OF-WAY [Figure: FIGURE 17.C.10.190-12: STRUCTURED PARKING LEVELS FACING THE RIGHT-OF-WAY]

e. 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 provided.

(v) Tandem parking may not be used to satisfy the parking requirement for guest parking.

f. Driveway width. Driveways to shared garages may not exceed 24 feet in width.

g. Parking visibility. Visible structured parking must be screened from view from the right-of-way by architectural features in addition to landscaping or living walls.

h. Parking separation. Parking for residential units must be separated from parking for non-residential uses through a controlled fence, gate, or other barrier.

i. Curb cut frequency.

(i) A maximum of one curb cut for driveway access may be permitted per street frontage per building.

(ii) On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible.

j. Shared garage doors.

(i) All garage doors must be motorized.

(ii) Controlled entrances to shared parking facilities (gates, doors, etc.) may not exceed 20 feet in width.

A. Applicability. This Section establishes standards for the regulation of parolee/probationer homes.

B. Development Regulations. Parolee/probationer homes must comply with the development, locational, and all other applicable regulations of the zone in which the use is located, in addition to the standards in this Section.

1. Locational Standards. A parolee/probationer home must be located:

a. 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 Community Development 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

b. A minimum of 1,320 feet away from an existing parolee/probationer home or other similar use.

(i) 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.

(ii) For the purposes of the locational standards 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 a community care facility and other similar facilities.

2. Operational Standards. Parolee/probationer homes must comply with the following operational standards:

a. Maximum number of parolees or probationers. Each parolee/probationer home must 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.

b. Multiple family with fewer than 25 units. Multiple family dwellings with fewer than 25 units shall be limited to one parolee/probationer home.

c. Multiple family with 25 or more units. Multiple family dwellings with 25 or more units shall be limited to two parolee/probationer homes.

d. Limitations on hotels and motels. Despite the definition of parolee/probationer home in Chapter 17.E.02 (Definitions of Terms) or any other provision of this Title or the City of Beaumont Municipal Code:

(i) Hotels and/or motels with 14 rooms or less may not 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

(ii) Hotels and/or motels with 15 rooms or more may not 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.

e. Property owner or designated on-site manager. As determined by the Chief of Police or their 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 must be provided to the Chief of Police or their designee.

f. Weekly update to Police Department. The Police Department shall be provided with a weekly update of the names of all parolees/probationers living at the parolee/probationer home. These updates may be in writing via electronic mail or facsimile.

g. Background check. 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. A person shall not begin employment with the parolee/probationer home until this information has been provided.

C. Findings. An application for a parolee/probationer home may be approved and/or modified, in whole or in part, only if the applicable findings in Chapter 17.D.04 (Permits and Approvals) are made in addition to the following findings:

1. There is not an overconcentration of parolee/probationer homes in the vicinity;

2. The parolee/probationer home meets the locational standards of this Section; and

3. 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.

D. Special Noticing Requirements. In addition to the notice and hearing requirements in Division 17.D (Administration and Procedures), 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 parolee/probationer home.

E. Public Nuisance. The establishment, maintenance, or operation of a parolee/probationer home in violation of the standards of this Section or in violation of the conditions of approval is declared to be a public nuisance and may be abated by the City in accordance with applicable provision of the Municipal Code or any available legal remedies, including but not limited to civil injunctions.

F. Nonconforming Use. Any parolee/probationer home lawfully existing prior to the effective date of this Section, December 31, 2020, is a legal nonconforming use, subject to applicable nonconforming use regulations of Section 17.C.16 (Nonconforming Buildings, Uses, and Lots).

G. Amortization.

1. Nonconforming Parolee/Probationer Homes. Any parolee/probationer home regulated by this Section which is a nonconforming use on the effective date of this Title shall be subject to an amortization period expiring one year from the effective date of this Title.

2. Amortization—Notice. The 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 the 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.

3. Amortization—Application for Extension.

a. The property owner may file an application with the 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 Council.

c. Any application for an extension of the amortization period must be made prior to the expiration of the amortization period unless the Community Development Director determines that good cause exists for the late filing of the application.

4. 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 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.

5. 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 Subsection 17.D.02.040.O (Appeals).

6. Amortization—Public Nuisance. The 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. An application for an extension is not on file or has not been granted; or

b. An application for a Conditional Use Permit for a parolee/probationer home is not on file or has not been granted.

A. Purpose. The purpose of this Section is to provide objective design standards for single-family dwellings.

B. Applicability. This section applies to single-family dwellings citywide. Existing single-family dwellings are not required to comply with these standards or deemed nonconforming because the dwelling does not comply with these standards.

C. Building Form and Visual Interest.

1. Required Planes.

a. Elevations facing a street, public right-of-way, or open space. A minimum of four planes are required on any street-facing elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane.

b. Interior side and rear elevations. A minimum of two planes are required on any interior side or rear elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane.

2. Limits on Blank Walls. No wall on any level except for garages may run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth.

FIGURE 17.C.10.210-1: LIMIT ON BLANK WALLS IN RESIDENTIAL, SINGLE-FAMILY ZONE [Figure: FIGURE 17.C.10.210-1: LIMIT ON BLANK WALLS IN RESIDENTIAL, SINGLE-FAMILY ZONE]

3. Allowed Roof Forms. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets.

4. Roof Design.

a. When pitched roofs are used, the slope must be 3:12 to 5:12 ratio.

b. Eaves may not exceed 24 inches in depth, or as allowed by the California Fire Code, Chapter 7.

c. Parapet segments may not exceed 25 feet in length without a change in height at least 2 feet or a change in form.

d. Subdivisions with more than 20 units must include a minimum of three distinct roof forms.

D. Entrances.

1. Orientation. The primary entrance of any unit located along public rights-of-way or pathways must face public street or pathway. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes.

2. Protection. The primary entry must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area, with a minimum depth of five feet.

FIGURE 17.C.10.210-2: ENTRANCE PROTECTION [Figure: FIGURE 17.C.10.210-2: ENTRANCE PROTECTION]

E. Rear Access. Rear doors wider than three feet must be accessible by a landing area that is a minimum six feet in depth and a width that is no less than that of the door opening or three feet, whichever is greater. Doors three feet wide or less shall have a landing of a minimum depth of three feet and a width that is at least as wide as the size of the opening.

F. Building Materials.

1. Cladding Materials. Primary and secondary cladding materials are limited to:

a. Three-step system in accordance with the CBC (synthetic stucco or Exterior Insulation and Finish Systems [EIFS] are not allowed);

b. Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding;

(i) All siding must be lap, vertical, or shingle.

(ii) Wood siding must be painted or stained and sealed.

c. Stone (natural or manufactured);

d. Metal;

e. Brick/masonry; or

f. Tile.

2. Prohibited Building Materials. Plywood, corrugated metal, sheet metal, and unfinished aluminum are prohibited.

3. Change in Exterior Building Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner.

4. Material Durability/Protection.

a. Exterior finish materials must have an expected lifespan of no less than 30 years.

b. Exterior timber must be protected from decay by stain and sealant.

c. Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, weathering steel, or powder coating.

5. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only.

G. Windows.

1. All windows facing rights-of-way or public open spaces must be double-hung with operable sashes. Grids of small panes must be true divided lites separated by muntins or as approved by the Community Development Director.

FIGURE 17.C.10.210-3: WINDOW DESIGN [Figure: FIGURE 17.C.10.210-3: WINDOW DESIGN]

2. Window Recess or Trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall.

FIGURE 17.C.10.210-4: WINDOW TRIM OR RECESS [Figure: FIGURE 17.C.10.210-4: WINDOW TRIM OR RECESS]

3. Reflective or opaque tinting of glazing is prohibited.

H. 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 door recesses, door trim, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

I. Parking Design and Access.

1. Driveways.

a. For lots less than 70 feet in width, a maximum of one driveway up to 20 feet wide is allowed for required parking.

b. For lots 70 feet wide or more, the width of a driveway to a two-car garage may not exceed 28 feet in width.

c. The minimum paved apron length is 20 feet. The driveway apron must be set back a minimum of 1 foot from all property lines except for the property line along the street to which the driveway connects.

d. Sidewalks may not encroach into the minimum driveway length area.

FIGURE 17.C.10.210-5: DRIVEWAY DESIGN [Figure: FIGURE 17.C.10.210-5: DRIVEWAY DESIGN]

2. Three-Car Garages. A garage with three or more doors, or garages designed to accommodate three or more non-tandem parked cars, are allowed only on lots 85 feet wide or greater, and at least one garage front must be separated from the remaining garage fronts by at least two feet.

FIGURE 17.C.10.210-6: THREE-CAR GARAGES [Figure: FIGURE 17.C.10.210-6: THREE-CAR GARAGES]

3. Corner Lots. Corner lots and through lots are allowed one driveway. Where a lot has more than one approved garage, carport, or parking space, a second driveway may be allowed with Community Development Director and City Engineer approval.

4. Carports and Detached Garages.

a. Carports and detached garages must be constructed of the same materials and in the same style as the main building.

b. Carports are recommended to be solar ready.

5. Garage Design.

a. Garage doors must be recessed a minimum of six inches from the face of the garage.

b. Garage doors must be articulated with windows, paneling, recesses, or other details.

c. All two-car garages must have a minimum free and clear interior dimension of 23 feet by 22 feet, while one-car garages must have a minimum dimension of 13 feet by 22 feet.

d. Notwithstanding the design standards of this Section, all garage structures, attached or detached, must match the architectural design and detail of the existing building.

6. Continuous Walkway. A continuous paved walkway at least three feet wide must connect on-site side gates, driveways to garages, and the front door.

J. Outdoor Lighting. All exterior doors, including garage doors, must be illuminated with outdoor light fixtures. See Chapter 8.50 (Outdoor Lighting) for additional standards.

K. Additions/Remodels. Notwithstanding the design standards of this Section, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

A. Purpose. The purpose of this Section is to provide standards for single-room occupancy (SRO) residences.

B. Applicability. The standards for SRO residences in this Section apply to all SRO residences as allowed by Division 17.B (Zone Regulations).

C. Allowable Density. A single room occupancy facility is not required to meet density standards of the General Plan.

D. Development Standards.

1. Minimum Unit Standards.

a. Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.

b. Occupancy. An SRO unit shall accommodate a maximum of two persons.

c. 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.

d. 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.

e. Closet. Each SRO unit shall have a separate closet.

f. Code compliance. SRO units shall comply with all requirements of the California Building Code.

2. Minimum Facility Standards.

a. Common area. Common area in an amount equal to 10 square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

b. 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.

c. 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.

E. Accessibility. All SRO units shall comply with all applicable accessibility and adaptability standards. All common areas shall be fully accessible.

F. Management Plan. A management plan shall be submitted to the Department for review and approval prior to issuance of a Certificate of Occupancy. The management plan must address management and operation of the facility, rental procedures, safety and security of residents, and building maintenance.

G. On-Site Management. An SRO facility with 10 or more units shall provide on-site management.

H. Parking. Off street parking shall be provided consistent with Chapter 17.C.06 (Parking Requirements).

I. Tenancy. SRO units must be rented for a minimum of 30 days.

J. Existing Structure. An existing structure may be converted to an SRO facility, consistent with the provisions of this Section.

A. Purpose. This Section establishes standards for uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

B. Applicability. This Section applies to the temporary uses and structures on private property and certain public rights-of-way described in this Section. All other temporary uses shall be prohibited on private property.

C. General Standards.

1. Business License Required. Where applicable, a separate Business License is required for each vendor.

2. Removal of Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the temporary use.

3. Security. A performance security (including a bond or financial deposit) in a form and amount acceptable to the Community Development Director may be required before initiation of the temporary use to ensure the following:

a. Cleanup after the use has ceased; and

b. To guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit or completion of the use or activity, whichever occurs first.

D. Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as Building Permits, may be required.

1. Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive calendar days and occurring no more than two times a year.

2. Nonprofit Fundraising. Fundraising activities by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code are allowed in nonresidential zones with no limitation on the number of occasions and duration where there is no disruption to the normal circulation of the site; encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; obstruction to sight distances; or other created hazard for vehicle or pedestrian traffic.

3. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards. This Subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers' markets or the sale of fireworks. Fireworks are regulated in Beaumont Municipal Code Section 9.41 (Fireworks).

a. Location. Seasonal sales are limited to commercial and mixed use zones, the Public Facilities Zone, and to properties in other zones that have educational institution or community assembly uses.

b. Number of events. The subject lot shall not be used for seasonal sales more than three times within the calendar year.

c. Time period. Temporary seasonal sales shall be limited to 45 days of operation per calendar year.

d. Merchandise. Temporary seasonal sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales are associated.

e. Elimination of parking. Areas used for temporary seasonal sales shall not eliminate the required parking for the primary use on the site, if there is one, or for any other site.

f. Removal. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, in compliance with the provisions of this Title.

4. Commercial Special Events and Sales. Commercial special events and sales including, but not limited to, grand opening events and other special sales events, are allowed in accordance with the following standards:

a. Location. Events are limited to nonresidential zones and shall be located on the site of, and associated with, a permanent commercial use.

b. Number of events. No more than six events at one site shall be allowed within any 12-month period.

c. Duration. The maximum duration of a single event is five consecutive calendar days, with a minimum of 14 calendar days between each event.

d. Display. Location of the event or displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

E. Temporary Uses Requiring a Temporary Use Permit. The following types of temporary uses must obtain a Temporary Use Permit and are subject to the following standards:

1. Model Homes and Complexes. Model home complexes and sales offices may be allowed solely for the first sale of homes within a recorded tract or condominium subdivision, subject to the following standards:

a. Applicability. The model homes shall meet all applicable zoning and development standards for the lots as shown on the tentative map.

b. Time Limits.

(i) Temporary sales office. A temporary information/sales office shall be removed within one month of closing the sale of the final unit of the development.

(ii) Model homes. Model homes may be established and operated for a period of three years or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the Community Development Director until the sale of all lots/residences is completed (see Subsection 17.D.02.040.L (Extension of Time)).

c. Location of Sales. The model home complex and office must be located on the same or adjacent premises as the subdivision or building project. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.

d. General Plan. Model home sales personnel shall prominently post a copy of the General Plan and Land Use Map and refer each purchaser of a home to the General Plan and to the Department to answer any questions regarding interpretation of the General Plan.

e. Site Plan Required. All applicants shall submit a site plan indicating the lots on which the models are to be constructed. The location and details of the sales office shall be identified on the plans. The site plan shall also provide the location of all proposed off-street parking, fencing and all other on and off-site improvements associated with the models.

f. Parking. No less than two off-street parking space shall be provided for each model. Parking spaces shall be located within 600 feet of the model complex and comply with standards in Chapter 17.C.06 (Parking Requirements). Accessible parking spaces shall be provided and comply with ADA standards.

g. Landscaping. Model home complexes shall be landscaped in the same manner as is required for the final lots.

h. Return Office Use to Residential Use. Sales offices, signs, and temporary improvements associated with the model complex shall be removed prior to occupancy of the last dwelling unit constructed in the subdivision. Offices located in an approved garage space shall be converted back into garage area.

i. Signs. Signs for model homes shall comply with Chapter 17.C.08 (Signs). The location of all proposed street numbering, fire routes, ground and wall signage shall be clearly identified on the site plan.

2. Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction may be allowed in accordance with the following standards:

a. Location. Trailers shall not obstruct driveways or traffic access aisles.

b. Parking impacts. The applicant shall demonstrate that parking will not be negatively impacted.

c. Colors and materials. The colors and materials shall complement the main building, if one exists.

d. Screening. The Community Development Director may require screening in addition to other applicable screening requirements in this Title.

e. Noise. Any exterior noise-generating equipment associated with trailers shall not be within 300 feet of a residential zone or use.

f. Removal. Trailers shall be removed upon cessation of permitted construction activity.

g. Exceptions. Any deviation from any standards above shall only be allowed through the approval of a Minor Modification.

3. Storage Containers. Storage containers are only allowed as accessory to agricultural uses (see Section 17.C.02.020 (Accessory Buildings and Structures)), subject to the following standards:

a. Must be located on private property (i.e., outside of the public right-of-way);

b. Must be placed on level finished grade;

c. Must maintain a minimum five-foot separation from any structure;

d. Allowed for a maximum of 180 days per year;

e. Nothing may be stacked on top of a single container;

f. May not be habitable or used as a residence;

g. May not have any plumbing connections;

h. Must include a warning device (e.g., a horn) placed inside each container to address safety;

i. Must comply with Fire and Building requirements (e.g., flammable or hazardous materials); and

j. May not have any signage.

F. Special Events Requiring a Special Events Permit. Short-term special events that are not regulated under Subsection 17.C.10.230.D.4 (Commercial Special Events and Sales) may be permitted consistent with Beaumont Municipal Code Chapter 9.03 (Regulation of Special Events).

G. Temporary Uses Requiring a Minor Conditional Use Permit. Other temporary uses that do not meet the standards for temporary uses not requiring a permit or requiring a temporary use permit may be allowed in nonresidential zones with the approval of a Minor Conditional Use Permit provided they are temporary in nature, and will not unreasonably impair circulation or the operation of other uses in the area, or otherwise create significant impacts.

A. Purpose. The purpose of this Section is to regulate the sales, storage, and installation of tires in the city.

B. Applicability. This Section applies to tire stores and tire repair facilities citywide.

C. Standards.

1. Tire Storage. Storage of tires must be reviewed and approved through the Plot Plan process as identified in Section 17.D.04.020 (Plot Plans).

a. All outdoor storage must be covered on a minimum of three sides, one of which must be the top and screened from public view.

b. Any proposed use must comply with the California Regional Water Quality Control Board and the requirements specified in the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit.

c. Water supply and hydrant requirements as specified in the adopted Fire Code must be met.

d. Both indoor and outdoor storage of tires and related materials and equipment must meet all Building and Safety Division and Fire Department standards and requirements.

2. Outdoor Storage. Outdoor storage of tires, related equipment, or materials shall not exceed 20 percent of the total lot area.

3. Structures. Structures utilized for storage of materials must meet all Building and Safety Division and Fire Department standards, shall be complementary to the primary structure, and meet the aesthetic intent of the area in which the business is located.

A. Purpose. This Section provides objective zoning and design standards for the development of two-unit projects in accordance with California Government Code § 65852.21 (Senate Bills 9 and 450).

B. Applicability. Two-unit projects shall only be developed in single-family residential zones (see Table 17.B.04.020-A (Residential Zones Use Regulations)).

C. Application Requirements. A Minor Plot Plan shall be prepared, filed, and processed for two-unit projects in compliance with Section 17.D.04.020 (Plot Plans) and this Section. Two-unit projects in compliance with this Section do not require discretionary review or a hearing.

D. General Standards. Two-unit projects shall comply with the following objective standards:

1. The two-unit project shall satisfy the eligibility requirements of California Government Code § 65852.21(a).

2. Except where superseded by state law or this Section, two-unit projects shall comply with the objective development standards in Section 17.C.10.210 (Single-Family Dwellings) and Chapter 17.B.04 (Residential Zones and Standards).

3. Single-family residential zone setbacks must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

4. Access to any unit shall not be across an easement that restricts such access.

5. Off-street parking shall be provided in accordance with the following standards:

a. One off-street parking space shall be provided for each residential unit.

b. No off-street parking is required if any of the following apply:

(i) The lot is located within one-half mile walking distance of a high-quality transit corridor as defined in California Public Resources Code § 21155(b);

(ii) The lot is located within one-half mile walking distance of a major transit stop as defined in California Public Resources Code § 21064.3; or

(iii) There is a car share vehicle located within one block of the lot.

E. Review and Timing. The Community Development Director, Chief Building Official, City Engineer, and Fire Marshal shall review applications to determine whether a proposed development would cause a specific adverse effect to public health, safety, and welfare, as defined in California Government Code § 65589.5. If so, the Chief Building Official shall make a written finding in support of his or her decision to deny the application. The City shall ministerially approve or deny the two-unit project within 60 days of receipt of a complete application.

F. Denial. The City shall only deny an application for a two-unit project upon making both of the following findings in writing based upon a preponderance of evidence:

1. The proposed housing development project would have a specific, adverse impact upon the public health and safety as defined and determined in California Government Code § 65589.5(d)(2); and

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. Covenants Required. A property owner seeking to build a two-unit project in accordance with the standards of this Section shall execute and record the following covenants against the subject property and provide a copy to the City:

1. Short-term rental of a residential unit for a period of less than 31 days shall be prohibited; and

2. Nonresidential uses on the site shall be prohibited.

A. Purpose. The purpose of this Section to provide standards for the establishment, maintenance, and operation of wind energy conversion systems (WECS).

B. Permit Requirements.Table 17.C.10.260-A (Wind Energy Conversion Systems (WECS)) identifies the permit standards for WECS. Additionally, a Building Permit shall be obtained prior to the installation of a WECS.

Table 17.C.10.260-A: Wind Energy Conversion Systems (WECS)

Table Notes:

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 Planning 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 Planning 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 Division 17.D (Administration and Procedures). All required information identified on the form shall be provided by the applicant, in addition to the following information:

1. Direction of prevailing winds across the project site;

2. Manufacturer and model designation, rated kilowatt capacity, overall machine height, total blade diameter, rated maximum rotor rotations per minute, and other manufacturer'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.C.10.260.D.10 (Proof of Liability Insurance).

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. Advertising, display, or graphics are not 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.

8. Noise. WECS shall comply with Beaumont Municipal Code 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 pre-construction condition, subject to the approval of the Community Development 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 Planning 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 Planning Commission. Approval of screening may include reasonable conditions deemed by the Planning Commission necessary to minimize the visual impacts of a WECS.

3. 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 electricity 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.

A. Purpose. The purpose of this Section is to provide uniform and comprehensive standards for the approval, placement, and design of telecommunication facilities. These regulations are intended to protect and promote public health, safety, and community welfare while at the same time not unduly restricting needed telecommunication facilities. They have also been developed to further the policies of the General Plan. It is intended that these regulations specifically accomplish the following:

1. Ensure that new telecommunication facilities are installed in a manner that minimizes their visual impact on the community;

2. Protect the environmental resources of Beaumont;

3. Create telecommunication facilities that will serve as an important and effective part of the City's emergency response network; and

4. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while protecting the legitimate interests of Beaumont residents.

B. Applicability and Exemptions. The requirements of this Section apply to all telecommunication facilities on private property and public property not including the public right-of-way that transmit and/or receive electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations;

2. Handheld, mobile, marine, and portable radio transmitters and/or receivers;

3. Public safety communications radio;

4. Radio and television mobile broadcast facilities;

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures;

6. A temporary telecommunication facility mounted on a trailer or a portable foundation, with approval of the City Manager for an emergency for a period of up to one year;

7. A single ground- or building-mounted dish antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions:

a. Satellite dish 39.37 inches (one meter) or less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and:

(i) Intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or

(ii) A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

b. Non-satellite dish 39.37 inches (one meter) or less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and;

(i) Intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or

(ii) A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot;

8. An antenna that is less than 25 feet in height and that is mounted on any existing building or other structure. The antenna shall be for the sole use of a person occupying the same parcel on which the antenna is located to receive television broadcast signals;

9. Any antenna or wireless telecommunications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Community Development Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation; and

10. Minor deviations to existing wireless facilities as determined by the Community Development Director that replace existing equipment in-kind or with smaller or less visible equipment, which meet the standards set forth in this Section, and will have little or no change in the visual appearance of the facility.

C. Permits Required.

1. Collocation Facilities. Collocation facilities (California Government Code § 65850.6) are allowed by right when proposed on a wireless telecommunications collocation facility that was subject to a discretionary permit issued and an Environmental Impact Report was certified, or a Negative Declaration or Mitigated Negative Declaration was adopted for the wireless telecommunication collocation facility in compliance with CEQA and the collocation facility incorporates required mitigation measures specified in that Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration.

2. Eligible Facilities Request (EFR). For Eligible Facilities Requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of the tower or base station.

3. Telecommunication Facility, Major. Non-exempt major telecommunication facilities (see Chapter 17.E.02 (Definitions of Terms)) are permitted subject to Conditional Use Permit.

4. Telecommunication Facility, Minor. Non-exempt minor telecommunication facilities (see Chapter 17.E.02 (Definitions of Terms)) are permitted subject to a Minor Use Permit.

D. Application Requirements and Review Process. The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this Section, other conditions of approval may also be necessary. All telecommunication facilities shall comply with:

1. Application Requirements.

a. Filing. An application for approval of a telecommunication facility shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

b. Responsibility. It is the responsibility of the applicant to provide the necessary information in support of findings required for the approval of the telecommunication facility, including the findings required by this Section and Chapter 17.D.02 (Procedures).

2. Expert Review. The Community Development Director is explicitly authorized to hire on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical demonstration of feasibility or unavailability of alternatives is required. The applicant shall pay all the costs of the review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.

3. Public Notice. In addition to the public notice required in Subsection 17.D.02.040.F (Public Hearing Notice) the following special noticing requirements apply:

a. Notice of a public hearing on a Conditional Use Permit application as required in this Section shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel by mailing the standard legal notice by first class mail.

b. Notice of any application for a telecommunication facility shall be mailed to all adjacent property owners within 300 feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration and the date of the scheduled public hearing or date that the Community Development Director shall make a determination on the application.

4. Required Findings.

a. General findings. In approving any telecommunication facility except for a collocation facility request or an eligible facilities request, the Review Authority shall make the following findings:

(i) The proposed use conforms with the specific purposes of this Section and any special standards applicable to the proposed facility;

(ii) The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna or to accomplish collocation;

(iii) The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

(iv) The proposed facility uses a stealth design.

b. Additional findings for a major facility. To approve a major telecommunication facility, the Review Authority shall find that a minor telecommunication facility is not feasible because of technical, aesthetic, or legal considerations including that the siting:

(i) Would have more significant adverse effects on views or other environmental considerations;

(ii) Is not permitted by the property owner;

(iii) Would impair the quality of service to the existing facility; or

(iv) Would require existing facilities at the same location to go off-line for a significant period of time.

c. Findings for collocation facilities requests. The proposed collocation facility meets the requirements of Subsection 17.C.10.270.C.1 (Collocation Facilities).

d. Findings for eligible facilities requests.

(i) The proposed collocation or modification meets all of the applicable criteria for an eligible facilities request stated in 47 C.F.R. § 1.6100(b)(3)—(9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Review Authority shall make an express finding for each criterion;

(ii) The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. § 1.6100(b)(7)(i) through (iv), or any successor provisions; and

(iii) That the proposed facility will comply with all generally applicable laws.

e. Additional findings for setback reductions. Except for a collocation facility request or an eligible facilities request, to approve a reduction in setback, the Review Authority shall make one or more of the following findings:

(i) The facility will be collocated onto or clustered with an existing, legally established telecommunication facility; and/or

(ii) The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

f. Additional findings for any other exception to standards. The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable federal or state law. Requirements may be waived or modified only to the minimum extent required to avoid noncompliance. An applicant seeking an exception must provide all supporting evidence for the exception request at the time of application submittal.

5. Conditional Use Permit Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to all of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:

a. Facilities shall not deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The City shall be allowed reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting, and public signage.

b. At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

c. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.

d. The permittee and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in collocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

(i) No collocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

(ii) Failure to comply with collocation requirements when feasible or cooperate in good faith as provided for in this Section is grounds for denial of a permit request or revocation of an existing permit.

e. Within one month after the construction of the wireless telecommunications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the Community Development Director. If at any time while the permit is in effect the Community Development Director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the Community Development Director may require the permittee to submit a report described by this Section. Failure to comply with this Section shall be grounds for revocation of the Conditional Use Permit.

f. Within 60 days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the Community Development Director with documentation that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a technically sufficient written report by a qualified radio frequency emissions engineer certifying that the facility is in compliance with the radio frequency emissions guidelines or standards of the FCC.

6. Conditions of Approval for Collocation Facilities Requests. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:

a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as a collocation facility request shall be subject to the terms and conditions of the underlying permit.

b. No permit term extension. The City's grant or grant by operation of law of a permit for a collocation facility will not extend the permit term for the permit for the underlying wireless telecommunication collocation facility or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunication collocation facility.

7. Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:

a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

b. No permit term extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

8. Life of Approvals.

a. A Conditional Use Permit issued in accordance with to this Section authorizing establishment of a telecommunication facility must be renewed every 10 years through the approval process specified in Section 17.D.04.030 (Use Permits). The grounds for non-renewal shall be limited to a showing that one or more of the situations listed below exist:

(i) The use involved is no longer allowed in the applicable zone;

(ii) The facility fails to comply with the relevant requirements of this Section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Community Development Director that the facility will be brought into compliance within 120 days; and

(iii) The permittee has failed to comply with the conditions of approval imposed.

b. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under Subsection 17.C.10.270.D.3 (Public Notice) was not provided.

9. Standard Agreement Required.

a. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the City. The terms of the agreement shall:

(i) Ensure compliance with this Section and all applicable conditions of approval;

(ii) Require the facility to be appropriately maintained;

(iii) Ensure new landscaping is installed and existing landscaping is maintained, preserved, and protected, as indicated on the approved plans; and

(iv) Require the property owners to defend, indemnify, and hold harmless the City.

b. The agreement shall be signed and notarized and submitted to the Department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.

E. Design and Location Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zone in which they are located.

1. Location and Siting.

a. No new freestanding facility, including a tower, shall be located within 1,000 feet of another freestanding facility, unless mounting on an existing building or existing pole or tower is not feasible.

b. All wireless telecommunication facilities shall meet the building setback standards of the zone in which they are to be located unless findings for a setback reduction are made in accordance with Subsection 17.C.10.270.D.4.e (Additional Findings for Setback Reductions).

2. Support Structures. Support structures for telecommunication facilities may be any of the following subject to owner approval:

a. An existing nonresidential building.

b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless telecommunications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.

c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility to achieve a stealth design. The term "functioning" as used in this subsection means the light pole serves a useful and appropriate lighting function as well as a wireless telecommunications function.

d. An existing publicly owned and operated tower exceeding the maximum height limit.

e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for collocation of at least one other similar communications provider.

3. Height Limitations.

a. Freestanding wireless telecommunications facility. A freestanding wireless telecommunications facility shall not exceed a height of 15 feet above the height limit of the zone in which it is located.

b. Building-mounted facilities. Building-mounted telecommunication facilities shall not exceed a height of 15 feet above the height limit of the district or 15 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the highest point of attachment to the building.

c. Facilities mounted on structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except that antennas may extend up to 15 feet above the height of an electric utility pole.

d. Facilities mounted on light poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for the light poles.

e. Height determination.

(i) The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached to the tower.

(ii) In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted and to the tip of the highest antenna or piece of equipment attached to the tower. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised including any antenna or other equipment attached to the tower.

4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, to reduce visual impacts.

a. Minimum functional height. All free-standing wireless telecommunications facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate collocation.

b. Guy wires. Guy wires shall only be used as a means of support for telecommunication facilities 20 feet or less in height.

c. Stealth design. State-of-the-art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure. All finishes shall be non-reflective.

d. Equipment cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.

e. Vegetation protection and facility screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:

(i) Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.

(ii) Where mature trees exist near the construction site, a tree protection plan shall be submitted with the Building Permit or improvement plan submittal. This plan shall be prepared by a certified arborist and include specific measures to protect trees during project construction.

(iii) No actions shall be taken subsequent to project completion to disturb, damage, or remove the existing vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.

f. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

g. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

h. Collocation of additional wireless facilities on an approved major telecommunications facility.

(i) All facilities shall make available unused space for collocation of other telecommunication facilities, including space for these entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Community Development Director may require the applicant to obtain a third-party technical study at applicant's expense. The Community Development Director may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

(ii) All collocated and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible.

5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base zone. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

6. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end, existing roads shall be used for access whenever possible and be upgraded the minimum amount necessary to meet standards specified by the Fire Chief and City Engineer.

7. Radio Frequency Emissions Standards, Interference, and Noise.

a. Radio frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.

c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.

c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

F. Vacation and Removal of Facilities. The service provider shall notify the Community Development Director of the intent to vacate a site at least 30 days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within 60 days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.