§ 17.12

Retail sales and services, including restaurants, pharmacies, and the sale of retail merchandise, are allowed accessory to a primary use where authorized by Article II, and as follows:

A.

General Standard. Accessory retail uses are permitted, provided there will be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, or windows with merchandise visible from adjoining streets), nor access to any space used for the accessory retail use other than from within the structure.

B.

Commercial Zoning Districts. Restaurants and retail sales as an accessory use are permitted in the commercial zoning districts ancillary and accessory to offices, hospitals and other medical facilities; pharmacies are permitted accessory to hospitals and other medical facilities.

C.

Residential and Special Purpose Zoning Districts. Social or recreational establishments may engage in retail sales for members or guests members only.

D.

Director Review and Approval Required. All accessory retail uses shall be subject to review and approval by the director as provided in Section 17.620.090. In order to approve an accessory retail use, the director shall first find that there will be no harm to adjacent existing or potential residential development due to excessive traffic, noise or other adverse effects generated by the accessory use.

(Ord. No. 2010-265, § 3, 1-27-2010)

Where allowed by Chapter 17.11 in the CR zoning district, any bookstore, hotel or motel, motion picture arcade or theater, cabaret, model studio, video rental store, or other business or establishment that is operated as an adult business as defined by Article VII of this development code shall be subject to the provisions of this section.

A.

Purpose. The purpose of this section is to provide reasonable regulations to prevent the adverse effects of the concentration or clustering of adult entertainment establishments. These uses have serious objectionable characteristics when several are located in close proximity to each other, and tend to create a skid row atmosphere, resulting in a detrimental effect upon the adjacent area. Regulation of the locations of these uses is necessary to ensure that their adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the development and operation of other businesses that are needed and desirable in the city.

B.

Applicability. The provisions of this section apply to uses operated as adult entertainment establishments in addition to all other applicable requirements of this development code.

C.

Permit. A conditional use permit shall be required for adult entertainment businesses. The applicant shall be required to obtain an adult entertainment license from Los Angeles County as a condition of approval.

D.

Location Requirements. Adult entertainment establishments shall be located no closer than:

1.

Five hundred (500) feet to any property in a residential zoning district, CMU zoning district where a commercial project incorporates residential uses, child day care facility, school attended by minor children, park, playground, public building or other public facility likely to be used by minors; or

2.

One thousand (1,000) feet to any other adult entertainment establishment.

Distance between properties shall be measured from the property line of one property to that of another utilizing a straight line method.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.030 - Agricultural uses.

A.

The purpose of this section is to establish development standards for agricultural uses. This section is to be carried out by allowing only such development that can be achieved without adverse effects to the environment and which will be subordinate to the resources of the particular site and area.

B.

An agricultural management plan shall be required for the proposed establishment of new or enlarged existing agricultural uses and any proposed development that relates thereto. The agricultural management plan shall contain, at a minimum, the following elements:

1.

Location map;

a.

Scale site plan showing the entire parcel with topography, and proposed and existing structures (including accessory and agricultural structures and residences), roads, fences, contours, wells, water lines, septic tanks and leach lines;

b.

Scale plan showing the entire parcel, and existing land uses, areas presently under and proposed for cultivation, areas of vegetation type, location of any perennial or intermittent streams, areas to be cleared, and areas to be graded for the development;

c.

Soils analysis, discussing soils conditions (including erosion potential and erosion control) and their relationship to appropriate agricultural management on the parcel;

d.

Water availability and demand, and the relationship to appropriate agricultural management on the parcel;

e.

Description and analysis of existing and proposed agricultural activities on the parcel, including types of crops and acres under cultivation, geographic distribution of crops over the parcel, rotation of crops, and related agricultural activities, including agricultural goods and equipment storage, packing and processing;

f.

Erosion control plan;

g.

Hydrologic report;

h.

Pesticide usage and storage report; and

i.

Description of recommended agricultural management techniques for the parcel and proposed development or development alternatives to (1) reduce erosion, (2) conserve water, (3) protect water quality, and (4) minimize impacts to plant and animal habitats. The use of biodiversity to control pests and diseases and enhance wildlife habitat is strongly encouraged.

C.

The director may require that the plan be revised to include additional information or assessment as deemed necessary. A third party review by a biologist or similar expert may also be required at the applicant's expense.

D.

No clearing of land for agricultural uses shall take place within one hundred (100) feet from the outer edge of the riparian vegetation canopy of perennial or intermittent streams. Where riparian vegetation is not present, the one hundred-foot buffer shall be measured from the outer edge of the bank of the subject stream. As used herein, "clearing of land" means the removal of existing vegetation. No clearing of land or other activities shall occur within the protected zone of an oak tree, nor shall any oak tree be cut, trimmed, altered or removed, except with prior and complete compliance with all oak tree regulations in this development code.

E.

To minimize the risks associated with project development in areas characterized by steep slopes, high erosion potential, unstable soils, combustible vegetation and other sensitive environmental resource areas, no construction improvement, grading, earthmoving activity or vegetation removal associated with the development or use of land shall take place on slopes of thirty (30) percent or greater.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Standards for All Sales Operations. Proposed alcoholic beverage sales operations (both for on premises and off premise consumption) shall be allowed pursuant to Table 2-2 - Land Use Table of Chapter 17.11 and shall be designed, constructed and operated to:

1.

Avoid contributing to an overconcentration of businesses that sell alcoholic beverages in an area where additional ones would be undesirable, with enhanced consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

2.

Avoid any adverse impact on religious facilities, schools, parks, or playgrounds located within six hundred (600) feet as measured to the nearest property line; and

3.

Avoid disruption of residents' sleep between ten p.m. and eight a.m. through design, operational conditions, and limitations on operating hours when the use is proposed in close proximity to residential uses.

B.

Alcohol Sales in Conjunction with a Restaurant Use. Where allowed by Section 17.11.010 (F), alcoholic beverages may be sold for on-premises consumption at an establishment where the primary use is a restaurant, provided that a conditional use permit is obtained for the establishment and sales are conducted in compliance with the Alcoholic Beverage Control Act of the State of California.

C.

Bar and Cocktail Lounge. Where allowed by Section 17.11.010 (F), alcoholic beverages may be sold for on-premises consumption at a bar/cocktail lounge provided that a conditional use permit is obtained for the establishment and sales are conducted in compliance with the Alcoholic Beverage Control Act of the State of California.

D.

Drug Stores, Grocery Stores, and Convenience Markets. Less than fifty (50) percent of the sales floor shall be devoted to the display of alcoholic beverages in drug stores, grocery stores, and convenience markets. The alcoholic beverage display in convenience markets that are part of a service station, where gasoline and other motor vehicle related products are sold, is limited to twenty-five (25) percent of the sales floor.

E.

Retail Sale of Wine or Beer Only. Pursuant to Section 17.11.010 (F), a specialty store, where the predominant product sold is wine or beer (up to one hundred (100) percent of the sales floor), may be permitted through approval of a conditional use permit for the establishment and must be conducted in compliance with the Alcoholic Beverage Control Act of the State of California.

F.

Wine Tasting. The sampling or tasting of wine offered for retail sale may be allowed if approved as an element of the conditional use permit for the establishment and conducted in compliance with the Alcoholic Beverage Control Act of the State of California. Sampling shall be under the supervision of the license holder or duly authorized agent and be conducted in a manner which will confine the consumption on the premises solely for the purpose of providing samples in connection with anticipated sales.

(Ord. No. 2010-265, § 3, 1-27-2010)

The keeping of animals in the residential, HM and OS zoning districts is allowed as follows:

A.

Farm Animals. In compliance with the following requirements, small farm animals are allowed as an accessory use with a zoning clearance (Section 17.62.090) and large farm animals are allowed as an accessory use with a minor use permit (Section 17.62.060). Both small and large farm animals are allowed only on parcels of one acre or larger. Additional animals may be allowed with conditional use permit approval (Section 17.62.060).

1.

Large Animals. The keeping of large animals including cows, goats, horses, pigs, and sheep, for grazing, breeding, or boarding, shall be limited to a density of one animal for each twenty thousand (20,000) square feet of site area. The keeping of large animals as defined in this section shall be classified as a hobby farm. Hobby farms (17.12.110) shall be allowed as an accessory use with minor use permit approval (Section 17.62.040) and a primary use with conditional use permit approval (Section 17.62.060).

2.

Small Animals. Up to three small animals (including birds, chickens, ducks, and rabbits) are permitted accessory to each dwelling. Accessory dwelling units shall not be considered separate dwelling units for the purpose of this section. Up to four small animals are permitted on lots of at least twenty thousand (20,000) square feet and one additional small animal is permitted for each five thousand (5,000) square feet of lot area in excess of twenty thousand (20,000) square feet. Small animals are allowed on a lot provided that:

a.

The animals are solely for the domestic use of the residents of the site and are not kept for commercial purposes; and

b.

The keeping of the animals is not injurious to the health, safety, or welfare of the neighborhood and does not create offensive noise or odor as determined by the director.

3.

Animal Enclosures. No animal enclosure (e.g., barn, coop, corral, paddock, stable, etc.) shall be located on any site less than one acre in area. No animal enclosure shall be located closer than:

a.

Fifty (50) feet from any habitable structure on a site under different ownership from the site of the animal enclosure;

b.

Thirty (30) feet from any street right-of-way;

c.

Twenty (20) feet from side or rear property lines; and

d.

One hundred (100) feet from the outer edge of the riparian vegetation canopy of a perennial or intermittent stream. Where riparian vegetation is not present, the one hundred-foot buffer shall be measured from the outer edge of the bank of the subject stream.

B.

Household Pets. The keeping of dogs and cats in zoning districts where residences are allowed shall be limited to three adult dogs and three adult cats and one litter of each species on any single parcel. Other smaller household pets are not limited by this development code.

C.

Exotic Animals. The keeping of non-domesticated animals that are carnivorous, poisonous, otherwise dangerous to humans and household pets, or not native to North America, and/or commonly displayed or found in zoos are not allowed.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose and Intent. The purpose of this section is to regulate the installation, operation and maintenance of amateur radio antennas and satellite antennas in the city.

B.

Applicability. This section applies to all existing and proposed amateur radio antennas and satellite antennas.

C.

Standards for Satellite/Communications Antennas. Satellite/communications antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the regulations of the Federal Communications Commission. Satellite antennas with diameters larger than one meter in residential zones and two meters in non-residential zones shall also comply with the following requirements provided these provisions do not conflict with applicable state and federal regulations.

Permit Requirement. Zoning clearance shall be required for satellite antennas with diameters of one meter or less; administrative plan review approval shall be required for satellite antennas larger than one meter. A scenic corridor permit shall be required for satellite antennas larger than one meter located within a designated scenic corridor.

2.

Application Plans. Plans for satellite antennas shall be submitted with applications for a building permit, and shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening. The plans shall be subject to approval of the director.

3.

Location. No satellite antenna shall be located within any required front-yard or street-side-yard setbacks in any zone. In addition, no portion of a satellite antenna shall extend beyond a property line.

4.

Color. A satellite antenna and its supporting structure shall be painted a single, neutral, non-glossy color; such as an earth tone, gray, or black; and, to the extent possible, be compatible with the appearance and character of the surrounding neighborhood.

5.

Wiring. All wiring shall be placed underground whenever possible.

6.

Residential Zones. In any residential zone, satellite antennas shall be subject to the following standards:

a.

Only ground-mounted satellite antennas shall be permitted. Ground-mounted antennas shall be located in the rear yard of any property to the extent technically possible;

b.

Satellite antennas shall not exceed fifteen (15) feet in height;

c.

Only one satellite antenna may be permitted on any single-family residential site;

d.

Only one antenna shall be permitted per dwelling unit on any multiple family residential site;

e.

A satellite antenna shall be separated from adjacent properties by at least a six-foot-high solid wall or fence or by trees or other plants of equal minimum height;

f.

Any satellite antenna that is taller than an adjacent property-line fence shall be located away from the side or rear property line a distance equal to or greater than the height of the antenna;

g.

The diameter of a satellite antenna shall not exceed two meters. This provision may be modified by the director if the applicant provides a sufficient technical study prepared by a qualified engineer demonstrating to the director's satisfaction that strict compliance would result in no satellite reception; and

h.

A satellite antenna shall be used for private, noncommercial purposes only.

7.

Nonresidential Zones. In any nonresidential zone, satellite antennas may be roof- or ground-mounted and shall be subject to the following standards:

a.

If roof-mounted, satellite antennas shall be screened from ground view by a parapet or other screening approved by the city. The minimum height and design of a parapet, wall, or other screening shall be subject to the approval of the director;

b.

If ground-mounted, satellite antennas shall not be located between a structure and an adjacent street and shall be screened from public view and neighboring properties;

c.

The location and height of satellite antennas shall comply with all requirements of the underlying zone; and

d.

If the subject site abuts a residential zone, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna, unless screened from view.

D.

Standards for Amateur Radio Antennas. All amateur radio antennas shall be designed, constructed and maintained as follows:

1.

The maximum height shall not exceed forty (40) feet, measured from finished grade;

2.

Any boom or other active element or accessory structure shall not exceed twenty-five (25) feet in length;

3.

Antennas may be roof- or ground-mounted; and

4.

Antennas may not be located in any front-yard or side-yard setbacks.

5.

These standards in this subsection F are subject to modification or waiver by the director on a case-by-case basis where required for the city to comply with FCC PRB-1, California Government Code 65850.3, and other applicable law, and where such modification or waiver is based on sufficient technical information provided in writing by the applicant at the request of the city.

E.

Effects of Development on Antenna Reception. The city shall not be liable if development within the city after installation of an antenna impairs antenna reception, transmission, utility, or function to any degree.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2011-289, § 1, 11-9-2011; Ord. No. 2012-295, § 2(Exh. A), 6-27-2012; Ord. No. 2012-302, § 1, 8-22-2012; Ord. No. 2014-314, §§ 3—5, 4-23-2014; Ord. No. 2015-322-U, §§ 3—37, 3-11-2015; Ord. No. 2015-323, §§ 3—37, 4-8-2015; Ord. No. 2019-375, §§ 3—13, 3-13-2019; Ord. No. 2021-391, § 4(Exh. A), 4-14-2021)

Editor's note— Ord. No. 2021-391, § 4(Exh. A), adopted April 14, 2021 amended section 17.12.050 and in doing so changed the title of said section from "Antennas/personal wireless telecommunication facilities" to "Amateur radio antennas/satellite antennas," as set out herein.

Any cemetery, columbarium, mausoleum, crematorium and/or mortuary shall be planned and designed as follows:

A.

Access. An entrance to the facility shall be provided on a major street or secondary thoroughfare with ingress and egress designed to minimize traffic congestion.

B.

Screening Required. When located within or adjacent to any residential zoning district, these facilities should be screened on the side and rear property lines by: a wall or fence six feet in height; a six-foot high, three-foot thick evergreen hedge; or a twenty-foot wide, permanently maintained planting strip.

(Ord. No. 2010-265, § 3, 1-27-2010)

This section establishes standards for the city review of day-care facilities, in conformance with state law, including the limitations on the city's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this development code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. No day care facility shall be allowed or operated within the city unless it acquires a license by the Department of Social Services.

A.

Application Requirements. Land use permit applications for day care facilities shall include a copy of its license issued by the California Department of Social Services, in addition to all other information and materials required by the department.

B.

Small Family Day Care Homes. Small family day care homes are allowed within any single-family residence pursuant to Table 2-2 in Chapter 17.11.

C.

Large Family Day Care Homes. This use is allowed within any single-family residence pursuant to Table 2-2 in Chapter 17.11 and, subject to the following requirements:

1.

Permit Requirement-Public Notice. A large family day care home shall require the approval of a non-discretionary administrative plan review by the director. Notwithstanding the public noticing requirement of Chapter 17.78, notice of the filing of an application for a large family day care home shall be provided to all property owners within one hundred (100) feet

of the proposed facility at least ten (10) days prior to the date of the director's decision on the application. No public hearing shall be held unless requested in writing by the applicant or other affected person.

2.

Criteria for Approval. Administrative plan review approval shall be granted if the director determines that the proposed large family day care home will comply with the standards in subsection (E) of this section.

D.

Child Day Care Centers. Child day care centers are allowed in commercial zoning districts pursuant to Table 2-2 and subject to the standards in following subsection (E).

E.

Standards for Day Care Facilities. Approvals of large family day care homes and child day care centers are subject to the following:

1.

Spacing/Concentration. A large day care home or child day care center is prohibited when it causes a residential property to be bordered on more than one side by a day care facility.

2.

Traffic Control. A drop-off and pickup area shall be established to ensure that people are not placed at risk and street traffic is not unduly interrupted. The driveway of a large family day care home may serve as its drop-off area.

F.

Employer Child Day Care Facilities. Child day care offered by an employer to his/her employees shall be allowed as an accessory use within places of employment.

(Ord. No. 2010-265, § 3, 1-27-2010)

The establishment of new drive-in or drive-through sales or service facilities is prohibited within the city because these facilities create problems or detrimental impacts of noise, air pollution, excessive pavement, traffic congestion, litter, unsightliness, and the inefficient use of energy resources.

Notwithstanding the foregoing, in order to facilitate senior access to medications and other vital health services, pharmacies with accessory drive-through facilities may be permitted subject to a conditional use permit.

(Ord. No. 2010-265, § 3, 1-27-2010)

Emergency shelters may be located where allowed by Article II of this development code, subject to the following standards:

A.

The maximum number of occupants to be served shall not exceed twenty (20).

B.

A minimum distance of one thousand (1,000) feet shall be maintained from any other emergency shelter.

C.

The shelter shall have not less than one parking space for each two hundred fifty (250) square feet of gross floor area.

D.

Maximum stay at the facility shall not exceed one hundred and eighty (180) consecutive days.

E.

Clients shall only be on-site and admitted to the facility between five p.m. and eight a.m.

F.

An interior waiting and intake area shall be provided which contains a minimum of two hundred (200) square feet. No exterior waiting area shall be allowed either on-site or off-site.

G.

Security personnel shall be provided during the hours the emergency shelter is in operation.

H.

Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Chapter 17.27.

(Ord. No. 2010-265, § 3, 1-27-2010)

When permitted in the zoning district applicable to a site, pursuant to Section 17.11.010 of this development code, and consistent with the definition of fortunetelling in this development code, all fortunetelling uses are subject to the following provisions.

A.

General Requirements. The following shall apply to all new fortunetelling uses.

1.

All persons, whether as agents, assistants, employees or independent contractors, who provide fortunetelling services to another person in a facility or establishment shall, at all times, maintain on the premises all applicable county and state licenses. certificates and permits.

2.

Any establishment that provides fortunetelling services shall notify the city in writing at least fifteen (15) days in advance of the effective date of a plan to rename, change management, or convey the business to another person.

B.

Background Investigation. Prior to the filing of a zoning clearance application for any new establishment that provides fortunetelling services, the applicant shall furnish the city with a copy of a California and Federal criminal records background investigation report of the permittee and any person with financial interest in the business; and, consistent with subparagraph A.2. above, a copy of such background check documentation shall also be submitted for any new owner/operator coincidental with the submittal of the required business transfer notification paperwork.

C.

Posting of Fees. The following posting requirements shall apply to all new fortunetelling uses.

Each person required to obtain a permit pursuant to this chapter shall post on his or her business premises a sign containing the following information:

a.

The true name of the fortunetelling practitioner;

b.

Each service provided by the fortunetelling practitioner;

c.

The fees charged for each service provided by the fortunetelling practitioner; and

d.

The statement, "by law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates."

2.

The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half (½) inch in height.

3.

Fortunetelling service may be provided on a temporary basis, at a location other than the fortuneteller's place of business within the Commercial Retail zoning district, if the fortuneteller provides the information required by this section on eight and one-half inch by eleven inch (8½" by 11") paper, in legible print or type. The paper shall also include the name and permanent address of the person(s) providing fortunetelling services. No other information or printed matter shall appear on the paper. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortunetelling services.

4.

No person shall charge or collect any fee, payment, remuneration, or item of value for fortunetelling services in excess of the fees set forth on a sign or paper required by this section.

D.

Permit Denial or Revocation. The community development director or his or her designee, shall at all times have the power to deny or revoke a permit granted hereunder should the community development director or his or her designee determine:

1.

That the permittee has violated any provision of this chapter; or

2.

That any information contained in the permit application is false; or

3.

That the issuance of the permit was based on fraud, mistake, or any misleading or untrue statements; or

4.

That the applicant, permittee, or anyone employed by the permittee has, within seven years preceding an application, been convicted of a violation of Penal Code section 332 or any law involving theft or attempted theft by means of fraud, deceit, use of force, or threats.

(Ord. No. 2014-311, § 4(Exh. A) , 2-26-2014)

Heliports may be located where allowed by Article II of this development code, for emergency purposes only, subject to the following standards:

A.

State Permit Required. A land use permit or exemption shall be obtained from the California Department of Transportation, Division of Aeronautics, and evidence of the permit or exemption shall be presented to the department, before establishing any heliport.

B.

Location Criteria. A proposed heliport may be located on the site of an emergency services facility, subject to the following standards:

1.

Minimum Site Area: five acres.

2.

Proximity to Residential Uses. The heliport shall be located so that aircraft taking-off and landing do not pass directly over dwellings at an altitude of less than five hundred (500) feet.

C.

Nuisance Mitigation. A proposed heliport shall be located so that neither air nor related surface traffic constitutes a nuisance to neighboring uses. The applicant shall demonstrate to the city that adequate controls or measures will be taken to mitigate offensive noise, vibration, dust or bright lights.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.110 - Hobby farms.

Hobby farms may be allowed subject to the following standards:

A.

Hobby farms for agricultural uses shall be allowed as an accessory use with a conditional use permit subject to the following standards.

1.

On-site sales of agricultural produce shall be prohibited.

2.

Hobby farms for agricultural uses are limited to twenty thousand square (20,000) feet in agricultural use area on parcels two and one-half (2½) acres or less in size or forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) on parcels over two and one-half (2½) acres.

Hobby farms for agricultural uses cannot be located on slopes greater than approximately three to one nor may hobby farms involve activities which require the issuance of a commercial license by the Department of Alcoholic Beverage Control (ABC) or the Bureau of Alcohol, Tobacco and Firearms (ATF).

4.

Minor deviations from these general standards may be granted by the planning commission through an approval of a conditional use permit.

5.

Hobby farms for agricultural uses shall be subject to the standards in Section 17.12.030.

6.

Hobby farms for agricultural uses shall utilize organic farming methods to the extent feasible.

B.

Agricultural uses that do not meet the size limitations for a hobby farm may be allowed with a conditional use permit subject to the standards in Section 17.12.030.

C.

Hobby farms for farm animals (shall be a subject to the permits and standards in Section 17.12.040. In addition, all uses shall be designed to avoid significant adverse effects to surrounding area resources including increases in erosion, slope failure or sedimentation on adjacent or downstream watershed properties.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

A.

Applicability. The provisions of this section allow for business activities within a dwelling unit that are subordinate to the primary residential use of the site, and compatible with surrounding residential uses. This section does not address day care facilities, which are instead subject to Section 17.12.070.

B.

Limitations on Use.

1.

Allowed Home Occupations. An allowed home occupation is a business activity within a dwelling unit that is subordinate to the primary residential use of the site; provided, there is compliance with this section, including the acquisition of a home occupation permit, and the activity is any of the following.

a.

Art work (ceramics, painting, photography, sculpture and such other similar use;

b.

Dress making, millinery, sewing, and similar activities;

c.

Small handcraft; and

d.

An office for an architect, attorney, consultant, insurance agent, tutor, or writer.

The director may also issue a home occupation permit for other business activities as home occupations, where the director first determines that the business activity is substantially similar to the above uses in its operational characteristics, and will result in no greater impacts on the site or surrounding properties than the above uses.

2.

Prohibited Home Occupation Uses. Business activities that are not compatible with or incidental to surrounding residential uses are prohibited as home occupations. The following may not be issued a home occupation permit as they are examples of incompatible or non-incidental business activities:

a.

Adult entertainment businesses;

b.

Commercial photo/film processing labs;

c.

Night clubs;

d.

Gun or ammunition sales;

e.

Medical and dental offices, clinics, and laboratories (not including counselors/psychotherapists);

f.

Mini storage;

g.

RV storage except for a personally owned vehicle registered to an occupant of the premises;

h.

Storage of equipment, materials, and other accessories for the construction and service trades, as well as other business enterprises;

i.

Vehicle maintenance and repair (body or mechanical), upholstery, automobile detailing and painting;

j.

Welding and machining;

k.

Woodworking, cabinetry manufacturing; and

l.

Any other use determined by the director not to be incidental to or compatible with residential activities as set forth in the operating standards.

C.

Application. A home occupation permit is required for any allowed home occupations. This permit is subject to the requirements of Section 17.62.100. A statement of continued compliance with the operating standards in subsection D shall be signed by the property owner and all adult occupants who shall engage in the home occupation prior to issuance of a home occupation permit.

D.

Operating Standards. Home occupations shall comply with all of the following operating standards:

1.

Accessory Use Only. The home occupation shall be clearly secondary and incidental to the full-time use of the structure as a dwelling unit;

2.

Activities, Equipment and Materials. Activities conducted and equipment or material used in connection with an allowed and permitted home occupation shall not change the fire safety or occupancy classifications of the premises. The use shall not involve the storage of flammable, explosive or hazardous materials. No use shall create noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances;

3.

Exterior Evidence of Use. The use shall not require any modification not customarily found in a dwelling, nor shall the use be visible from the street or from neighboring properties. There shall be no window display, advertising sign, or other identification of the home occupation on the premises;

4.

Limitation on Employees. The home occupation shall involve no more than two employees or independent contractor on the site other than full-time residents of the dwelling unit. This limitation applies only to an employee or independent contractor of the home occupation and does not regulate the use of housekeeping, gardening, child care, or cooking personnel which are unrelated to the home occupation;

5.

Limitation on Clients. No more than one client or patron shall be allowed on the premises at any time for counseling, music lessons, tutoring, or other purposes related to the home occupation;

6.

Location of Home Occupation. The home occupation shall be located entirely within an enclosed structure, and shall not be allowed in a trailer or other temporary structure. Further, no home occupation shall be established, operated, conducted, or maintained in a garage in such a manner to reduce the required number of parking spaces therein at any time; and

7.

Vehicles and Traffic. Vehicles used by the permittee or by others, or in connection with the home occupation and traffic generated by the home occupation shall not exceed the type or number of vehicles and traffic volume normally generated by a home in a residential neighborhood that does not have an ongoing home occupation. All parking needs of the home occupation shall be met off the street and on the same site as the permitted home occupation.

(Ord. No. 2010-265, § 3, 1-27-2010)

Kennels and animal boarding shall be located at least five hundred (500) feet from any residential zoning district.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.125 - Marijuana based land uses and activities.

This section is to be read in conjunction with Chapter 8.13 of this Code.

A.

Allowed Uses. The private cultivation, processing, or use of marijuana (as defined in Title 8) for personal use, is allowed as an accessory and ancillary use in all residential zones, and is exempt from permitting, provided that such use or activity:

1.

Is conducted for personal non-commercial purposes only by a legal residential occupant aged twenty-one (21) years or older;

2.

Is accomplished entirely within a fully enclosed and secure structure that is either a legally established primary dwelling or a legally established accessory structure on the residential property;

3.

Involves the cultivation of not more than six (6) individual living marijuana plants or the possession, processing or use of marijuana obtained from not more than six (6) individual marijuana plants; and,

4.

Is accomplished in a manner fully consistent with the limitations established under California Health and Safety Code sections 11362.1, 11362.2, 11362.3, 11362.4 and 11362.45 and any other applicable state laws.

B.

Prohibited Uses. Any land use, facility or activity which involves cultivation, manufacture, processing, packaging, warehousing, distribution, transport, or any other commercial activity or business related to marijuana or any marijuana product or derivative, whether for medical or recreational uses, and which is not expressly allowed under subsection 17.12.125.A., above, is prohibited as a land use or as an accessory use and may not be conducted in any zone, including, but not limited to, the following:

1.

Marijuana dispensaries, cooperatives, or any other marijuana-related businesses or commercial activity of any kind, whether for medical or recreational uses.

2.

Any land use, facility or activity which involves cultivation, manufacture, processing, packaging, warehousing, distribution, transport, or any other commercial activity or business related to any drug or substance other than marijuana which is illegal to distribute or possess under state or federal law.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2011-285, § 1, 9-14-2011; Ord. No. 2017-355, § 2, 6-14-2017)

This section provides design criteria and development standards for mixed use projects, where allowed by Chapter 17.11 (Allowable Land Uses). A mixed use project combines residential and commercial uses (vertical mixed use). Residential units

may be also allowed at ground level behind street-fronting commercial uses (horizontal mixed use) only under limited circumstances specified by this section.

A.

Design Considerations. A mixed use project shall be designed to achieve the following objectives:

1.

The design shall provide for internal compatibility between the residential and commercial uses on the site;

2.

Potential glare, noise, odors, traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and commercial uses on the same site;

3.

The design shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts;

4.

The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided; and

5.

Site planning and building design shall provide for convenient pedestrian access from the public street into the commercial portions of the project, through courtyards, plazas, walkways, or similar features.

B.

Mixed Use Standards.

1.

Zoning District Standards. The density, floor area ratio (FAR), height, and street setbacks for a mixed-use development project shall be determined by the underlying zoning district and the Affordable Housing overlay zone where applicable.

2.

Commercial Setbacks. When the residential units are located above the commercial uses, the structure shall be treated as a commercial type of structure for front and side setbacks. No rear yard setback is required unless specified for commercial uses. Floors above the ground floor shall incorporate off sets and design features to break up the vertical mass of the building.

3.

Commercial Uses Along Street Frontages.

a.

Commercial uses shall be located along street frontages and have a minimum depth of fifty (50) feet. The director may reduce the minimum depth for commercial uses for a secondary street.

b.

On corner lots, the commercial space shall turn (wrap around) the corner for a minimum depth of fifty (50) feet.

c.

The director shall determine the primary frontage for purposes of compliance with this Subsection.

4.

Ground Floor Residential Units Allowed. If a structure is located on a corner lot, ground floor residential dwelling units are allowed only on the secondary street/frontage as determined by the director.

5.

Community Space Requirements.

a.

Community Space Defined.

i.

Community space shall include both indoor/interior space and outdoor open space.

ii.

Community space can be in the form of private open space (e.g., balconies) or common open space (e.g., pool or side or rear setback areas.)

iii.

An indoor recreational room of up to six hundred (600) square feet may be credited toward fulfilling community space requirement in subsection (B)(5)(b) of this section.

b.

Minimum Space Per Unit. Each development project shall provide a minimum of one hundred fifty (150) square feet of community space for each dwelling unit, except for a property carrying the Affordable Housing overlay zone and when development of a qualifying affordable housing project is under consideration, in which case the minimum required community space is established by the Affordable Housing overlay zone under Section 17.22.025 of this title.

c.

Required front and/or side setbacks do not count toward the community space requirement in subsection (B)(5)(b) of this section.

d.

Private Open Space.

i.

Private open space shall not exceed thirty (30) percent of the total requirement for community space.

ii.

Each private open space shall have a minimum dimension of six feet by six feet.

iii.

The private open space requirement contained herein may be modified by not more than five percent if determined to be necessary by the reviewing authority.

e.

Community Space. Each community space shall have at least one minimum dimension of fifteen (15) feet and the other dimensions shall be at least six feet, except for private open space (e.g., balconies or patios).

f.

Balconies and patios shall have a minimum dimension of six feet by six feet in order to count as required community space.

6.

Lighting. Lighting for commercial uses shall be appropriately shielded to not cause light spillover onto the residential units and shall conform to Chapter 17.27.

7.

Off-Street Loading. Off-street loading areas shall be located as far as possible from the residential units and shall be completely screened from view from the residential portion of the project.

8.

Refuse and Recycling Areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and commercial uses.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, §§ 5B, 5C, 10-13-2021)

The following standards are intended to ensure that new, expanded or redeveloped mobilehome parks and new mobilehome subdivisions are located and established so as to be compatible with adjacent residential neighborhoods and commercial areas. The planning and design of mobilehome parks, including lots and other areas within parks, and the permitting of individual mobilehomes within mobilehome parks is regulated by the California Department of Housing and Community Development (HCD), and is not subject to the provisions of this section.

A.

Site Planning and Design Standards. Mobilehome parks and subdivisions shall conform to the following minimum standards.

1.

Minimum site area: five acres.

2.

Density: a maximum of eight mobilehome spaces per acre.

3.

Setbacks. All structures, including mobilehomes, shall be set back from property lines as follows:

a.

Street frontage: thirty (30) feet.

b.

Exterior park lot lines not abutting streets: ten (10) feet

Landscaping. The perimeter of mobilehome parks shall be landscaped as follows:

a.

Street Frontages. Street frontage setback areas shall be provided with a landscaped buffer at least fifteen (15) feet wide, except where cut by access driveways. Landscaping shall occupy a minimum of sixty (60) percent of the required street frontage setback area required by subsection (A)(3) of this section.

b.

Other Setback Areas. Other setback areas shall be landscaped with screen planting strips.

c.

Interior Street Trees. Each mobilehome lot shall be provided at least one street tree of fifteen (15) gallon size or larger.

d.

Interior Landscaping. All open areas of a mobilehome park not occupied by paving or common facilities shall be landscaped, including a minimum of twenty (20) percent of the total site area for each mobilehome, and a minimum of forty-five (45) (percent of the total common area(s) of the park.

5.

Fencing. The perimeter of a mobilehome park or subdivision shall be enclosed by a six foot high solid masonry wall (or alternate material approved by the director), located at the setback line along street frontages, and adjacent to property lines not abutting streets.

6.

Signs. Sign area shall be limited to one identification sign of fifty (50) square feet and one directional sign of twenty-five (25) square feet, subject to director approval.

B.

Accessory Commercial Uses Permitted. A mobilehome park may contain commercial uses for the convenience of park residents. This uses shall include coin-operated laundry, soft drink dispensers, cigarette dispensers and similar machines, provided that these uses shall be located in the interior of the park and shall not occupy more than five hundred (500) square feet cumulatively for each fifty (50) mobilehomes or fraction thereof.

C.

Use of Mobilehome Lots. No more than one occupied mobilehome shall be allowed on any one lot. No travel trailer, camper or other recreational vehicle shall be placed on any mobilehome lot, either for occupancy or storage.

D.

Recreational Vehicle Areas. Mobilehome parks may include recreational vehicle storage areas, provided that the location, number and size of spaces shall be authorized as part of the conditional use permit approval.

E.

Conversion of Mobilehome Park to another Use. Any subdivision of an existing mobilehome park or conversion of an existing mobilehome park to another land use is subject to the following requirements:

1.

Permit Requirement. Conditional use permit approval (Section 17.62.060).

Application Content. The conditional use permit application shall include any report required by Government Code Section 66427.4 or 65863.7, as applicable, in addition to all information required by Section 17.60.030.

F.

Special Notice Requirement. As required by Government Code Section 65863.8, at least thirty (30) days before the public hearing on the conditional use permit to convert the mobilehome park to another use, the department shall notify the applicant in writing of the provisions of Section 798.56 of the Civil Code regarding the responsibility of the applicant to notify residents and mobilehome owners of the mobilehome park of the proposed change in use. No hearing on a proposed mobile home park conversion shall be scheduled until the applicant has verified this notification to the satisfaction of the director.

(Ord. No. 2010-265, § 3, 1-27-2010)

Mobilehomes (identified as manufactured homes by the National Manufactured Housing Construction and Safety Standards Act of 1974) on lots zoned for conventional single-family dwellings, and the storage of mobilehomes are subject to the requirements of this section. Mobilehomes placed in mobilehome parks (Section 17.12.135), that are regulated by the California Department of Housing and Community Development, are not subject to the provisions of this section. Modular (also known as factory-built) housing units are considered the same as single-family dwellings for the purposes of this development code, and are not subject to the provisions of this section.

Mobilehomes to be used as permanent dwellings in compliance with this section are subject to the following requirements:

A.

Certified Mobilehomes. Mobilehomes that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401, et seq.), are subject to the following standards:

1.

Location. As required by Government Code Section 65852.3, mobilehomes for permanent occupancy are considered the same as single-family dwellings, and are permitted by Chapter 17.11 in all zoning districts that allow single-family housing units;

2.

Foundation System. The mobilehome shall be placed on a foundation system in compliance with Section 18551 of the Health and Safety Code; and

3.

Architectural Standards. Mobilehomes shall be designed and constructed with roof eave and gable overhangs of not less than one foot measured from the vertical side of the structure.

B.

Non-certified Mobilehomes. Mobilehomes that are not certified under the National Mobile Home Construction and Safety Act of 1974, and that do not meet the requirements of subsection (A) of this section shall be placed only in mobilehome parks.

C.

Density. The number of certified mobilehomes (as described in subsection (A) of this section) that may be placed on a single parcel shall be the same as the number of single-family dwellings permitted by Section 17.12.030. The number of mobilehomes that may be placed in a mobilehome park is determined by Section 17.12.125.

D.

Storage of Unoccupied Mobilehomes. Unoccupied mobilehomes or portions thereof that are not fixed to a foundation shall be stored only in a mobilehome sales lot, or an approved storage yard.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

Multi-family housing projects shall comply with the following requirements, in addition to all other applicable provisions of this development code. The requirements of this section may be modified through the development plan approval process as set forth in Section 17.62.070, or for a qualifying affordable housing project on a property located within the Affordable Housing overlay zone, as provided in Sections 17.18.060 and 17.22.025.

A.

Setbacks. A proposed building shall be separated from any other building on the site by a minimum of twenty (20) feet. Proposed buildings shall be set back from internal roads and driveways a minimum of ten (10) feet.

B.

Common Outdoor Space. Common outdoor space shall be provided at a ratio of four hundred (400) square feet per housing unit. Common outdoor space does not include (i) required front or street side setback areas, and (ii) areas usable for passive or active recreation.

C.

Private Outdoor Space. Each multifamily housing unit shall be provided with private outdoor open space in the form of patios, decks, fenced yard areas, and other similar amenities, with the following minimum areas:

1.

Studio and one-bedroom units: seventy-five (75) square feet.

2.

Two bedroom units: one hundred fifty (150) square feet.

3.

Three bedroom and larger units: two hundred twenty-five (225) square feet.

D.

Fencing. The development of more than two multifamily housing units shall include the installation of solid wood or masonry fencing along the site perimeter side and rear property lines, in compliance with Section 17.20.100, to the maximum height allowed.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, § 5D, 10-13-2021)

Permanent outdoor sales, displays and rental establishments which do not entirely conduct business within a structure shall comply with the standards of this section. These establishments include but are not limited to automobile dealerships, automobile rental establishments, equipment sales or rental establishments, and other similar uses. Temporary outdoor sales, storage and display are subject to Section 17.62.030.

A.

Outdoor Merchandise Display. The outdoor display of merchandise shall comply with the following standards:

1.

Screening Required. Except for automobile sales and rentals, an outdoor sales/activity area shall be screened from adjacent streets by decorative solid walls, fences or landscaped berms, a minimum of thirty-six (36) inches high, in a ten-foot landscaped area adjacent to the street property line;

2.

Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscape areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic; and

3.

Signs. Generally, there shall be no signs in addition to that allowed by Chapter 17.30 that are visible from the street. Pricing signs shall be no larger than necessary to be read by on-site shoppers as determined by the director.

B.

Outdoor Storage Areas. Where permitted by Article II all outdoor storage areas shall be entirely enclosed and screened by a solid wall or fence at least six feet in height.

(Ord. No. 2010-265, § 3, 1-27-2010)

When permitted in the zoning district applicable to a site, pursuant to Section 17.11.010 of this Development Code, all new massage therapy uses are subject to the provisions of this section.

A.

General Requirements. The following requirements apply to all new massage therapy uses.

1.

All persons, whether as agents, assistants, employees or independent contractors, who provide massage therapy services to another person in a facility or establishment shall, at all times, be certified by the California Massage Therapy Council (CAMTC).

2.

All persons who provide massage therapy services to another person in a facility or establishment shall, at all times, prominently display his or her California Massage Therapy Council (CAMTC) certificate at that facility or establishment.

3.

All business establishments offering massage therapy services shall maintain on the premises at all times all applicable county and state licenses, certificates and permits.

4.

Massage therapy services may be offered at a medical clinic, beauty/nail salon or similar establishment as an incidental activity consistent with the requirements of this section. As used herein, a beauty/nail salon means a facility or establishment that offers any services that are regulated by, or subject to, the California Barbering and Cosmetology Act and pertinent sections of the California Code of Regulations.

5.

Once annually, on or before January 15 of each calendar year, each massage facility or establishment, established on or after the date of the ordinance codified in this section, shall furnish the city with copies of a California Massage Therapy Council certificate for each employee, agent, assistant or independent contractor who provides massage therapy services at that facility or establishment.

6.

Any establishment that provides massage therapy services shall notify the city in writing at least fifteen (15) days in advance of the effective date of a plan to rename, change management, or convey the business to another person.

B.

Occupancy. Prior to the issuance of an occupancy permit for any new establishment that provides massage therapy services, the applicant shall furnish the city with a copy of a valid and current certificate issued by the California Massage Therapy Council for each employee, agent, assistant or independent contractor who will provide massage therapy services at the time of business opening.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-296, § 2, 4-25-2012)

A.

Purpose and Applicability. The following provisions establish standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities. Any recycling facility intending to operate in the city shall comply with all provisions of this section:

B.

Permit Requirements. Recycling facilities in all commercial zoning districts shall first obtain the required permit according to the following schedule:

C.

Development and Operating Standards. All recycling facilities shall comply with the following specific standards:

1.

Reverse Vending Machines. Reverse vending machine(s) located on a commercial site shall not require additional parking spaces for recycling customers, and may be permitted in all commercial zoning districts, subject to administrative plan review and compliance with the following standards.

a.

Accessory Use Only. The machines shall be installed as an accessory use.

b.

Location Requirements:

i.

If located inside a structure, the machines shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation; and

ii.

If located outside a structure, the machines shall not occupy parking spaces required by the main use.

c.

Maximum Size. The machines shall occupy no more than fifty (50) square feet for each installation, including any protective enclosure, and shall be no more than eight feet in height.

d.

Signs. The machines shall have a maximum sign area of four square feet per machine, exclusive of operating instructions.

e.

Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn.

f.

Materials. If located outside a structure, the machines shall be constructed of durable waterproof and rustproof material.

g.

Hours of Operation. The machines shall have operating hours consistent with the operating hours of the main use.

2.

Small Collection Facilities. Small collection facilities are permitted within the CR, CMU and CB zoning districts, subject to conditional use permit approval and compliance with the following standards.

a.

Location Requirements. Small collection facilities shall:

i.

Be set back at least forty-five (45) feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;

ii.

Not be located in any required parking, access, or sight distance area of any required setback;

iii.

Not be located within fifty (50) feet of any parcel zoned or planned for residential use; and

iv.

Permanently locate any containers provided for after-hours donation of recyclable materials at least thirty (30) feet from any property zoned or occupied for residential use.

b.

Maximum Size. Shall be no larger than five hundred (500) square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

c.

Appearance of Facility. Collection containers, site fencing, and signs shall be of a color and design so as to be both compatible and harmonious with the surrounding uses and neighborhood and any scenic corridor requirements.

d.

Landscaping and Screening. The facility shall:

i.

Not reduce or elimination the landscaping required by Chapter 17.26 for any concurrent use allowed by these regulations;

ii.

Be screened from view from adjacent public rights-of-way through the use of fencing, landscaping, or other approved materials, in compliance with Section 17.20.100; and

iii.

Be subject to landscaping and/or screening as determined through conditional use permit.

e.

Parking Requirements.

i.

No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;

ii.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and

iii.

Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site.

f.

Signs. Signs may be provided as follows:

i.

Recycling facilities may have identification signs with a maximum area of fifteen (15) percent or twelve (12) square feet per side of the structure whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

ii.

The sign shall contain only the hours of operation, redemption values, and the name of the operator, owner or beneficiary; and

iii.

Directional signs, in compliance with Chapter 17.30, bearing no advertising message, may be installed with prior approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

g.

Operating Standards. Facilities shall:

i.

Accept only glass, metal or plastic containers, paper and reusable items;

ii.

Use no power-driven processing equipment except for reverse vending machines;

iii.

Use containers that are constructed with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

iv.

Store all recyclable materials in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; and

v.

Be maintained free of litter and any other waste materials, and the site for mobile facilities, at which truck(s) or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

h.

Hours of Operation. Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only between the hours of nine a.m. and seven p.m. on any day except legal holidays.

3.

Large Collection Facilities. A large collection facility which is larger than five hundred (500) square feet, or on a separate parcel not accessory to a primary use, which has a permanent structure may be allowed in the CB zoning district subject to conditional use permit approval and the following standards.

a.

Location Requirements. The facility shall not abut a parcel zoned or planned for residential use.

b.

Container Location. Any containers provided for after-hours donation of recyclable materials shall be permanently located at least one hundred (100) feet from any property zoned or occupied for residential use , constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials.

c.

Screening. The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls or landscape screening.

d.

Setbacks and Landscaping. Structure setbacks and landscape requirements shall be those provided for the applicable zoning district.

e.

Outdoor Storage. All exterior storage of material shall be in sturdy containers which are secured, and maintained in good condition at all times. No storage, excluding truck trailers, shall be visible above the height of the wall or other screening barrier.

f.

Operating Standards. The facility shall be operated and maintained in compliance with the following:

i.

The site shall be maintained clean, sanitary and free of litter and any other waste materials, and shall be cleaned of loose debris on a daily basis. Temporarily stored materials shall be moved to an approved processing site as soon as practical; and

ii.

No dust, fumes, odor, smoke, noise or vibration above ambient levels shall be detectable from adjacent parcels.

4.

Time Limits. Any permit issued in compliance with this section shall have a maximum term established by the approved land use permit. Prior to permit renewal, the director shall consider the permittee's history of compliance with the established conditions of approval, as well as the provisions of this section and the Municipal Code in determining whether the permit shall be renewed.

D.

General Standards. All recycling facilities shall comply with the following standards:

1.

Signs. Facilities shall be provided identification and informational signs, as follows, provided that all signs shall meet the standards of the applicable zoning district.

a.

All collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that no material shall be left outside the recycling enclosure or machine; and

b.

The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation.

Identification and informational signs and directional signs bearing no advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.

2.

Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable, nonhazardous waste.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

When permitted in the zoning district applicable to a site, pursuant to Section 17.11.010 of this development code, specific residential accessory uses are subject to the provisions of this section. Residential accessory uses include any use that is customarily related to a residence including swimming pools, workshops, studios, storage sheds, greenhouses and garages. Residential accessory structures for the purpose of this section shall not include secondary housing units which are regulated by Section 17.12.170.

A.

General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.

1.

Relationship of Accessory Use to Principal Use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the principal use.

2.

Setback requirements: as provided by Section 17.13.020.

B.

Antennas. Antennas are subject to the provisions of Section 17.12.050.

C.

Decks. Decks are subject to the setback requirements of Section 17.20.180(E). The walking surface of a deck shall not exceed a height of five feet above finished grade.

D.

Garage/Yard Sales. The sale of miscellaneous items by residents from a yard or open garage is permitted up to four times per year per property, for a maximum of three days per sale.

E.

Garages. A garage shall provide at all times the minimum space required to accommodate the number of off-street parking spaces required by this title. A detached accessory garage shall not occupy more than five hundred (500) square feet per dwelling unit (including any workshop or storage space within a garage) unless a larger area is authorized by the commission through a site plan review. The floor area of an accessory garage that is attached to a principal structure is not limited, except as may be required by Title 15.

F.

Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet per dwelling unit or ten (10) percent of the lot, whichever is smaller. Larger greenhouses shall be considered to be plant nurseries, and are permitted only in the CL zoning district.

G.

Home Occupations. Home occupations are subject to the requirements of Section 17.12.100.

H.

Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are permitted accessory to approved residential uses on the same site, subject to the following provisions:

1.

Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same site and their guests.

2.

Setbacks. Except where Title 15 requires greater setbacks, a pool/spa/hot tub shall be located at least five feet from any property line and at least five feet from the main residence. The setback shall be measured from the water line of a pool or spa or from the structure of an above-ground pool/spa hot tub. The setback for an infinity pool shall be measured from the edge of the catch basin (Figure 3-10). Related equipment shall be located at least three feet from the property line.

3.

Except where Title 15 requires greater setbacks, all pool related structures including waterfalls, grottos and slides, when attached to the pool or intended to serve the pool, shall be located at least five feet from any property line.

4.

Fencing. The swimming pool shall be secured by fencing or building walls to prevent uncontrolled access by children, in compliance with Title 15. Chain link fencing is not permitted around private swimming pools; and

5.

For pools and spas, a two-foot minimum setback from the rear or side property line is allowed under special circumstances, and subject to administrative plan review approval, where:

a.

The property line in question abuts an open space area of at least ten (10) feet in width, as measured from the property line, and said open space area is permanently protected or dedicated (through an easement or other dedication) for drainage, slope maintenance and management, or other open space purposes.

I.

Outdoor Recreational Features. Outdoor recreational features such as fireplaces, pizza ovens, barbeque grills and fountains not exceeding six feet in height shall be a minimum of three feet from all property lines. Outdoor recreational features over six feet in height shall be a minimum of seven and one-half feet from a side property line and ten (10) feet from a front and rear property line.

J.

Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball) accessory to a residential use are subject to the following requirements:

1.

Fencing. Fencing shall be subject to the design criteria of Section 17.20.100 and shall not exceed a maximum height of twelve (12) feet. Fences between six feet and twelve (12) feet in height shall be subject to administrative plan review approval; and

2.

Lighting. Court lighting shall not exceed a maximum height of fourteen (14) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, shall not illuminate adjacent property and is subject to the standards in Chapter 17.27.

K.

Trash Enclosure. Any trash enclosure visible from the public right-of-way shall meet the following requirements:

1.

The area shall be enclosed with an opaque wall that is compatible, in material, color and texture with the primary or main building. The wall shall be at least four feet high, or the height of the enclosure door in the closed position, whichever is greater.

2.

The enclosure shall be large enough to accommodate at least three ninety-five-gallon carts for trash, recycling and organic waste. Minimum inside dimensions are four feet by ten (10) feet (or forty (40) square feet). The requirement increases sixteen (16) square feet for each additional container.

3.

The storage area must be paved and sufficiently impervious to contain leaks and spills.

L.

Vehicle Storage. The storage of vehicles, including incidental restoration and repair, is subject to Section 17.12.200.

M.

Workshops, Studios, Pool Houses, and Other Similar Structures.

1.

An accessory structure may be constructed or used as a workshop or studio in any residential zoning district solely for (i) noncommercial hobbies or amusements; (ii) for maintenance of the principal structure or yards; (iii) for artistic endeavors, (e.g. painting, photography or sculpture; (iv) maintenance or mechanical work on vehicles owned or operated by the occupants; or (v) for other similar purposes. Any use of such accessory structures for any commercial activity shall meet the standards for home occupations (Section 17.12.100).

2.

An accessory structure may be constructed or used as a pool house in conjunction with a swimming pool. Unless there is an existing pool, the pool shall be constructed and completed prior to pool house construction.

3.

A workshop, studio, pool house or other accessory structure shall not contain a kitchen and/or any other facilities for a kitchen.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012)

This section establishes standards for accessory dwelling units, also known as secondary housing units, where such housing units are allowed by Section 17.11.010.

A.

Legislative Findings. In compliance with Government Code Section 65852.2, the city finds that accessory dwelling units are consistent with the allowable density and with the General Plan and zoning designations for residential single-family areas of the city.

B.

Definitions.

1.

"Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons, depending on square footage. It shall include permanent facilities for living, sleeping, eating, cooking, sanitation, and shall be located on the same parcel as the single-family or multi- family dwelling is situated.

2

"Converted" or "Conversion" means the repurposing of all or apportion of an existing structure as an accessory dwelling unit entirely within the existing structure building envelope and in accordance with all requirement residential building and construction standards set forth in the applicable California Building Codes.

3.

"Efficiency kitchen" means a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

4.

"Junior accessory dwelling unit" means a unit that is contained entirely within the walls of a proposed or existing singlefamily residence which provides living facilities for one (1) or more persons. Junior accessory dwelling units are limited to one (1) per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

C.

Development Standards. A single accessory dwelling unit, or junior accessory dwelling unit as specified in subsection (D), may be allowed on a legal lot located in the RS, RM, RR, HM, RC, PD or OS zoning districts in addition to a primary singlefamily residential dwelling, subject to a zoning clearance, as follows:

1.

Primary Dwelling and Sanitary Sewer Service Required. The lot shall be developed with one (1) legally established detached single-family dwelling and shall be served by sanitary sewer or septic system.

2.

Primary and Accessory Dwellings Not Separable. The accessory dwelling unit shall not be sold separately from the primary dwelling and may be rented.

3.

Accessory Dwelling Unit Appearance. The design of the unit shall conform in general to the design of the primary dwelling.

4.

Short-term Rentals Prohibited. Consistent with Section 17.12.175, the accessory dwelling unit shall not be used for any short-term rental or transient rental or occupancy for any purpose, including but not limited to a vacation, for less than thirty (30) days if that rental or occupancy occurs in exchange for any form of compensation or consideration.

5.

Site Layout and Design Standards. The location and design of an accessory dwelling unit shall comply with the development standards applicable to the property zoning and any applicable overlay zone, as well as the following requirements (Table 2- 4, below). Where any listed standard in Table 2-4 conflicts with a standard for the residential zone or an applicable overlay zone, the standard in Table 2-4 prevails).

Design Standards. The location and design of an accessory dwelling unit shall comply with the development standards applicable to the property zoning and any applicable overlay zone, as well as the following requirements (Table 2- 4, below). Where any listed standard in Table 2-4 conflicts with a standard for the residential zone or an applicable overlay zone, the standard in Table 2-4 prevails).

prohibited in the front yard landscaped areas of the parcel. When a garage, carport, or other covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, the required off-street parking for the primary unit need not be replaced. No additional parking space is required for the accessory dwelling unit if any of the following is true: A. The unit is located within one-half mile of a regularly scheduled public transit stop; B. The unit is located within a city council designated historic district; C. The unit is part of the existing legal primary residence or an existing legal accessory structure; D. On-street preferential permits are required by the city but not offered to the occupant of the unit; or E. A publicly accessible and presently operating car share vehicle parking facility is located within one block of the unit.

6.

Notwithstanding the requirements in Table 2-4, one (1) accessory dwelling unit may be located on any lot that is zoned to allow for single-family residential use, provided that the accessory dwelling unit is contained entirely within the building envelope of an existing legally established primary residential dwelling, or is contained entirely within the building envelope of a legally established accessory structure to the primary dwelling, or within an up to one hundred fifty (150) square feet addition to the existing legally established primary residential dwelling or residential structure if necessary for ingress or egress, and where the accessory dwelling unit has exterior access that is independent from the existing legal primary residence and the side and rear setbacks are sufficient for fire safety as determined by the community development director.

7.

Notwithstanding the standards in Table 2-4 above pertaining to allowable gross floor area, allowable site coverage, minimum side and rear yard setback distances, and maximum height, one (1) accessory dwelling unit shall be allowed when that unit occupies eight hundred (800) square feet or less in gross floor area, the unit does not exceed sixteen (16) feet in height, and the unit would be located on a lot such that the rear and side yard setback distances are not less than four (4) feet.

8.

A permit for an accessory dwelling unit shall not issue before the issuance of a certificate of occupancy or other final approval for the primary dwelling.

D.

Junior Accessory Dwelling Units.

1.

All the requirements under this Section 17.12.170 apply equally for accessory dwelling units and junior accessory dwelling units unless stated otherwise in this subsection for junior accessory dwelling units.

2.

The owner must reside in the single-family residence but may choose to reside within the remaining portion of the structure or the newly created junior accessory dwelling unit.

All junior accessory dwelling units shall include, at a minimum, an efficiency kitchen and living area. It may include separate sanitation facilities or may share sanitation facilities with the existing structure. The junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence.

4.

The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet.

E.

Conversion of Existing Structures into Accessory Dwelling Units.

1.

Prior to the approval of an accessory dwelling unit permit for the conversion of an existing structure for which there is no record of a building permit being issued, satisfactory completion of a safety inspection by the city's building official and fire department is required. An applicant must commit to upgrade the accessory dwelling unit to health and safety codes in order to be granted approval of an accessory dwelling unit permit, including without limitations the following items:

a.

Independent entrance to accessory dwelling unit.

b.

Direct access to exterior of building from bedroom (door or window).

c.

Adequate light and ventilation in each habitable room.

d.

Minimum seven-foot high ceiling in all rooms, kitchens, halls, and baths.

e.

Property installed electrical wiring including separate access to electrical shut off.

f.

Proof of structural integrity, including that the foundation is not cracked, damaged, or shifting and the framing is not sagging or deteriorating.

g.

Proof of comfort heating, including heating as required per the Building Code and separate access to gas shut-off, if applicable.

h.

Proof of working plumbing, including kitchen and bathroom facilities with hot water, water heater strapped and properly vented, and connection to approved sewage system.

i.

Proof of fire safety, including hallways serving sleeping rooms must have smoke and carbon monoxide detectors and each sleeping room must have a smoke detector.

Once an inspection by the city's building official and fire department occurs, the applicant is required to correct those items that are identified as violating current health and safety codes for the structure's current use even in the event the applicant decides to withdraw the accessory dwelling unit permit application.

F.

Permit Process.

1.

All proposed accessory dwelling units are subject to review for compliance with the terms of this chapter by the community development director, via a zoning clearance. The director shall complete the review of the application for an accessory dwelling unit permit within sixty (60) days of receipt of a complete submission. Review of, and the denial of or granting of, an application for an accessory dwelling unit permit by the city is a ministerial action. The director shall not approve an application for an accessory dwelling unit permit or issue an accessory dwelling unit permit unless the proposed accessory dwelling unit complies with the requirements of this chapter. The decision of the director shall be final and conclusive.

G.

Permit Termination. An accessory dwelling unit permit validly issued pursuant to this chapter section shall terminate when any one (1) or more of the following occur:

1.

The construction of the accessory dwelling unit allowed by the permit is not begun within one (1) year from the date of permit issuance;

2.

The construction of the accessory dwelling unit allowed by the permit has been abandoned or discontinued for one hundred eighty (180) consecutive days;

3.

The accessory dwelling unit owner files a declaration with the community development director that the permit has been abandoned or discontinued and the accessory dwelling unit has been removed from the property; and

4.

The permit has expired by its own terms.

H.

Fees.

1.

An accessory dwelling unit application must be submitted to the city along with the appropriate fee as established by the city council by resolution in accordance with applicable law.

2.

The city may impose a fee on the applicant in connection with approval of an accessory dwelling unit or junior accessory dwelling unit for the purpose of defraying all or a portion of the cost of public facilities related to its development, as provided for in Government Code Sections 65852.2(f)(1) and 66000(b).

The city will not consider an accessory dwelling unit or junior accessory dwelling unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the dwelling unit was constructed with a new single-family or multi-family dwelling.

4.

The city shall not impose any development impact fees upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any development impact fees charged for an accessory dwelling unit of seven hundred (750) square feet or more shall be charged proportionately in relation to the square footage of the accessory dwelling unit.

5.

The city may charge a fee to inspect an accessory dwelling unit to determine compliance with applicable building standards pursuant to Section 17.48.020.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2017-347, § 3, 2-22-2017; Ord. No. 2019-369, § 3, 1-23-2019; Ord. No. 2020382, § 4, 1-22-2020)

17.12.175 - Short-term rentals or occupancies of property prohibited, except for lawfully approved hotels, motels, and bed and breakfast inns.

Any rental or occupancy of any property or a portion thereof located in the city for any purpose, including but not limited to a vacation, for less than thirty (30) days is prohibited if that rental or occupancy occurs in exchange for any form of compensation or consideration. Short-term rentals or occupancies that occur at lawfully approved hotels, motels, and bed and breakfast inns operated in full compliance with all applicable federal, state, and local rules and regulations including any and all required permits from the city are lawful.

(Ord. No. 2018-364, § 6, 4-25-2018)

The following provisions apply to senior residential projects:

A.

Density Bonus or Other Incentive. A senior housing project shall qualify for a residential density bonus or other incentive, in compliance with Section 17.22.030.

B.

Planning and Location Criteria. The planning and location of the project shall comply with the following requirements:

1.

Land Uses within the Project. Land uses within the project shall be limited to residential, and where allowed by the applicable zoning district, assisted living facilities and accessory retail uses.

2.

Age Limit. Projects shall limit the purchase, lease or occupancy of the dwelling units therein to persons fifty-five (55) years of age and older, unless a different age is required by state or federal law.

C.

Development Standards. Senior residential projects located in commercial zoning districts shall comply with Section 17.12.145. Development standards not established in Section 17.12.145 shall be determined as part of the site plan review process.

D.

Common Areas. Senior residential projects shall include a common area for the use of residents, which may include a sitting room, social areas and a central meeting area of adequate size to accommodate a majority of residents.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, § 5E, 10-13-2021)

The retail sales of food and beverage products and other general merchandise in conjunction with a gasoline service station is allowed subject to conditional use permit approval in compliance with Section 17.62.060, and the following standards:

A.

Sales Area. Conditional use permit approval may restrict the sales area determined by the review authority to be appropriate because of site characteristics or surrounding traffic patterns.

B.

Permitted Products. Retail sales of non-automotive products shall be limited to items for the convenience of travelers, including film, personal care products, packaged food items, and beverages.

C.

Signs. No exterior signs are allowed to advertise specific items for sale or to advertise products or services offered by persons or entities located off-site.

D.

Parking. On-site parking shall comply with the requirements of Chapter 17.28 and shall include sufficient spaces for all employees on a single shift.

E.

Restrooms. Restrooms shall be provided, and shall be available to customers at all times during business hours.

F.

Facility Upgrading. Applications involving existing stations shall include proposed measures to upgrade the facility to comply all current applicable provisions of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Restaurants located in shopping centers may occupy up to a total of ten (10) percent of the gross leasable floor area, while the shopping center maintains a parking requirement of one parking space per two hundred fifty (250) square feet of gross floor area, pursuant to Chapter 17.28. Restaurant space exceeding ten (10) percent of the gross leasable floor area of a shopping center may be allowed subject to a conditional use permit, and only when sufficient off-street parking is provided. In such cases the parking requirement shall be one space per one hundred (100) square feet of gross leasable floor area or as determined by a parking study prepared by a registered traffic engineer or similar professional.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.200 - Storage—Outdoor.

A.

Screening Required. Outdoor storage areas shall be effectively screened so as not to be viewed from the public rights-ofway. This screening shall consist of fences, walls, or landscaping as determined by the review authority.

B.

Vehicles for Sale. No vehicles may be stored or displayed for sale on any vacant site or at any vacant commercial/industrial location except in compliance with the land use permit requirements of Section 17.11.010.

C.

Building Materials. Building materials for use on the same premises may be stored on the site only during the time that a valid building permit is in effect for construction.

(Ord. No. 2010-265, § 3, 1-27-2010)

The use of portable storage containers including portable on-demand storage containers, steel shipping containers, and other similar storage containers are allowed under the following conditions:

A.

The portable storage container shall be permitted only after obtaining a temporary use permit in compliance with Section 17.62.030.

B.

There must be no more than one portable storage container per property.

C.

The portable storage container must be no larger than eight feet wide, sixteen (16) feet long and eight feet high and one thousand twenty-four (1,024) cubic feet in volume.

D.

The portable container must not remain at a property in any zoning district in excess of fifteen (15) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year, except as allowed under Subsection I below.

E.

The portable storage container must be set back a minimum of five feet from all property lines.

F.

The portable storage container must be set back a minimum of five feet from the nearest wall of a building.

G.

The portable storage container must be placed on an asphalt or concrete surface.

H.

The portable storage container must be in good repair and remain free of graffiti at all times.

I.

Portable storage containers associated with the construction at a site where a building permit has been issued and the site is currently vacant are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of

the end of construction. Portable storage containers associated with construction, as allowed under this section, are exempt from subsections A to G.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.225 - Tobacco retailing.

Standards for tobacco retailing:

A.

Cigar and other tobacco product stores, where allowed by Section 17.11.010(F), shall be located no closer than five hundred (500) feet from any primary or secondary school located in the City of Calabasas.

B.

Tobacco retailing, as defined in Section 5.18.020 of the Calabasas Municipal Code, shall not be permitted within five hundred (500) feet of any primary or secondary school located in the City of Calabasas.

C.

It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's registration pursuant to Chapter 5.18 of the Calabasas Municipal Code for each location at which that activity is to occur.

Distance between properties shall be measured from the property line of one property to that of another utilizing a straight line method.

(Ord. No. 2010-272, § 5, 4-28-2010)

Veterinary clinics and animal hospitals shall be located at least one hundred (100) feet from any residential zoning district, and all facilities for keeping animals during diagnosis or treatment shall be located entirely within a structure.

Veterinary clinics and animal hospitals, which keep animals overnight or for longer periods of time, shall provide an outside area adjacent to the facility for walking or exercising the animals.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.240 - Warehouse retail stores.

Warehouse-type retail stores shall be designed and located in compliance with the following standards:

A.

Building and Site Design. Building and site design shall complement surrounding commercial or industrial development. Structures shall be comparable to the architectural and design quality expected of new structures in the area, including quality of materials, structure design and orientation, site design, landscaping and buffering. The structure shall reflect the retail aspect of the use by incorporating storefront features, (e.g., facade ornamentation and special detailing) which identify the entryway and provide pedestrian-level interest to the facade.

B.

Buffering and Screening. These facilities shall be screened or buffered, as appropriate, to ensure compatibility with adjacent land uses. Particular attention shall be given to screening or providing buffers for parking, loading and storage areas, solid waste containers, auto service areas, areas with high noise levels, and other features that are visible or can be heard anywhere off the site.

C.

Development near Residential Zoning Districts. When evaluating applications for warehouse retail stores near residential zoning districts, the review authority shall give particular attention to the potential traffic, noise, visual and other effects of warehouse retail uses on residential uses.

D.

Traffic and Parking.

1.

Parking Lot Layout. The review authority shall specifically consider the impacts of the use and parking of shopping carts on the parking lot design.

2.

Pedestrian Requirements. Because of high on-site pedestrian and auto activity, the design shall include clearly defined structure entrances, specially designated areas to accommodate customer pickup, and pedestrian walks from parking areas to the structure.

3.

Site Location. The use shall be located only on streets determined by the director to have adequate traffic capacity for patrons and product suppliers of such stores.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.13 - RESIDENTIAL DISTRICTS