Title 17 — ZONING — Calexico Zoning Code

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Title 17 - ZONING* Chapter 17.01 - GENERAL PROVISIONS Article I. - Administration

17.01.110 - Purpose and scope. ¶

For the purpose of promoting and protecting the public health, safety, and welfare of the people of the city, to safeguard and enhance the appearance and quality of development of the city, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, a zoning ordinance defining classifications of zones and regulations within those zones is established and adopted by the city council.

(1992 zoning ord. (part))

17.01.120 - Private agreements. ¶

The provisions of this title are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this title.

(1992 zoning ord. (part))

17.01.130 - Repeal of conflicting ordinances. ¶

Whenever the provisions of this title impose more restrictive regulations upon construction or use of buildings or structures or the use of lands or premises than are imposed or required by other ordinances previously adopted, the provisions of this title or rules or regulations promulgated thereunder shall govern.

(1992 zoning ord. (part))

17.01.140 - Establishment of zones. ¶

A.

In order to classify, regulate, restrict, and separate the use of land, buildings and structures in the various districts and to regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the city is divided into the following zones:

1.

Residential Zones.

RR	Residential rural zone,
R-1	Residential single-family zone,
RC	Residential condominium zone,
RA,	Residential apartment zone;

2. Commercial Zones.

CO	Commercial ofce zone,
CN	Commercial neighborhood zone,
CH	Commercial highway zone,
CS	Commercial specialty zone;

3.

Industrial Zones.

I	Industrial zone,
IR	Industrial rail served zone,
BP	Business park;

4. Special Purpose Zones.

MHP	Mobile home park zone,
PD	Planned development overlay zone,
SP	Specifc plan overlay zone,
A	Agriculture zone.

B.

Adoption of Zones—Maps. Several zones and boundaries of those zones are established and adopted as shown, delineated and designated on the "official zoning map" of the city of Calexico, Imperial County,

California, which map, together with all notations, references, data, zone boundaries, and other information thereon, is made a part hereof and is adopted concurrently herewith.

C.

Filing. The original and current official zoning map shall be kept on file with the city clerk and shall constitute the original record. A copy of said map shall be also filed with the planning department.

D.

Changes to the Zoning Map. Changes in the boundaries of the zones shall be made by ordinance and shall be reflected on the official zoning map.

(1992 zoning ord. (part))

(Ord. No. 1173, § 2, 10-12-16)

17.01.150 - Clarification of ambiguity. ¶

If ambiguity arises concerning the appropriate zone or classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries as set forth herein, it shall be the duty of the planning director to ascertain all pertinent facts and forward said findings and interpretations, to the planning commission for a recommendation and then submit said recommendation to the council. If said recommendation is approved by the council, thereafter such interpretation shall govern.

(1992 zoning ord. (part))

17.01.160 - Effects of zoning. ¶

A.

Application of Provisions. The provisions of this title governing the use of land, buildings, and structures, the size of yards abutting buildings and structures, the height and bulk of buildings, the density of population, the number of dwelling units per acre, standards of performance, and other provisions are declared to be in effect upon all land included with the boundaries of each and every zone established by this title.

B.

Buildings under Construction. Any building for which a building permit has been issued under the provisions of earlier ordinances of the city which are in conflict with this title, and on which substantial construction has been performed by integration of materials on the site before the effective date of the ordinance codified in this title, may nevertheless be continued and completed in accordance with the plans and specifications upon which the permit was issued.

C.

Approved Tentative Tract Maps or Tentative Parcel Maps. Any approved tentative tract map or tentative parcel map which has been approved pursuant to the provisions of earlier ordinances of the city and which

is in conflict with this title may nevertheless be continued and completed in accordance with the provisions of its approval provided it is completed within the time limit in effect at the time of its approval, without extension of time thereof, and provided it complies with all other ordinances and laws in effect at the time of this approval. Final tract maps may be approved pursuant to this section, and building and other permits may be issued for lots created pursuant to this section consistent with such approval.

(1992 zoning ord. (part))

17.01.170 - Enforcement. ¶

A.

Enforcement by City Officials. The city council, planning commission, city attorney, city manager, building official, planning director, city engineer, public works director, city clerk, and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title shall be void.

B.

Actions Deemed a Nuisance. Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly approved development review, variance, conditional use permit, or administrative permit, and/or this title shall be and the same is declared to be unlawful and a public nuisance per se and subject to abatement in accordance with city ordinance.

C.

Remedies. All remedies concerning this title shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof.

D.

Penalties. Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this title or violating or failing to comply with any order or regulation made hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by city ordinance.

(1992 zoning ord. (part))

Article II. - Permits and Applications

17.01.210 - Permits and applications. ¶

A.

Application Deposits. Concurrent with the submittal of an application for development and/or permit under this title, a fee shall be paid, in the amount prescribed in the Maximus Citywide Master User Fee Schedule, to cover the costs incurred in the processing of the application. Additionally, a deposit shall be made, in the

amount estimated if a consultant is necessary to assist the city in the processing of an application, including without limitation, consultant fees to perform CEQA review, costs for engineering services, costs for plan checks, and/or costs of any technical studies required by traffic or other technical consultants. In no case shall the application be set for hearing or action by the planning commission or city council until such time as any balance for such application processing fees is paid in full. In the event the amount of the deposit exceeds the actual amount of costs, the difference shall be refunded to the applicant.

B.

Complete Applications. Any application for a permit or entitlement pursuant to this title must be accepted as complete for processing by the director of planning in order to initiate the official review process. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the director. In addition to the standard submittal requirements, the director may request information specific to the permit or entitlement necessary for the complete analysis of an application. All required material, information and fees shall be provided by the applicant before the application is determined by the director to be complete for processing.

C.

Proof that the Applicant Holds a Legal or Equitable Interest in the Development Site Shall be Required. As one of the application submittal requirements, the property owner or the applicant, in the event the applicant is not the property owner, shall show written proof to the director of possession of a legal or equitable interest in the property that is to be the subject of a permit or entitlement pursuant to this title. No application for a permit or entitlement shall be deemed complete unless the legal or equitable interest is verified. Further, this requirement of having a legal or equitable interest in the property shall be maintained throughout permit processing and shall be verified prior to final action or the setting of any planning commission or city council hearing on the permit or entitlement.

For purposes of this title, "legal or equitable interest" shall mean possession of:

1.

An estate in fee simple;

2.

A joint tenancy;

3.

A tenancy in common;

4.

A leasehold estate;

5.

An easement (if it encompasses the extent of development sought);

6.

An option to purchase;

7.

An option to lease;

8.

A binding agreement or contract to exchange or transfer an interest in land;

9.

An interest as a beneficiary of a trust;

10.

An interest as a trustee with a power of sale;

11.

Any other real property interest(s) that the director, in consultation with the city attorney, determines is a legal or equitable interest in real property for purposes of this title.

D.

Check for Completeness. Within thirty calendar days after the receipt of an application, the director shall review the application and determine if it is complete for processing and shall notify the applicant in writing of such determination. In addition to the standard submittal requirements, the director may request information specific to the permit or entitlement necessary for the complete analysis of an application.

E.

Incomplete Applications. In the event an application is determined not to be complete, written notice shall be provided to the applicant specifying those portions of the application which are incomplete. Said notice shall also indicate the information and/or plans necessary to make the application complete. The applicant must supply the requested plans and/or information within sixty calendar days of the notice of incomplete filing. Upon receipt of the required items by the director, the information shall be reviewed for completeness and a determination of completeness shall be made within thirty calendar days. Once an application has been deemed complete, a decision shall be made pursuant to timelines set forth in state law.

(1992 zoning ord. (part))

(Ord. No. 1122A, § 1, 9-21-10)

17.01.220 - Denials. ¶

In the event that information need for the reasons shown below is not provided by the applicant within the time limits specified by this section, the city may deny a permit or entitlement for a development project to allow time to obtain the needed information. Information whose absence would constitute a reason for such a denial are:

1.

Information which is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document; or

2.

Information necessary to prepare a supplemental environmental impact report in compliance with the California Public Resources Code, Section 21166; or

3.

Information without which the city's decision to approve a project would not be supported by substantial evidence.

B.

Denial for the above reasons may be deemed by the city to be a denial without prejudice to the applicant's right to reapply for the same permit.

(1992 zoning ord. (part))

17.01.230 - Public hearing and notification.

The planning commission and/or the city council shall hold a public hearing on applications for a change in zone boundaries or regulations, as specifically required by state law (and for conditional use permits and variances, or for other applications), as determined necessary or desirable by the commission and/or council. The hearing shall be set and notice given as prescribed below:

A.

Setting of the Hearing. The secretary to the planning commission, in the case of the planning commission, and the city clerk in the case of the city council, shall set the time and place of the public hearing, required by this title; the planning commission or council, at the time of their hearing may continue the time or place of a hearing.

B.

Hearing. The planning commission shall hold a public hearing on a rezoning request, amendment, conditional use permit or variance within forty calendar days after the compliance with the California Environmental Quality Act, Public Resources Code Section 21000 through and including Section 21176 and amendments thereof. Within thirty calendar days after action of the planning commission, the city council shall hold a public hearing to act upon the action of the planning commission.

Notice. Notice of a public hearing shall be given not less than ten calendar days nor more than thirty calendar days prior to the date of the hearing by publication in a newspaper of general circulation published in the city. The notice in the event of a change of the zoning map, shall include the alternate zone classifications indicated in Section 17.01.330. When the hearing concerns matters other than an amendment to the text of this title, notices of public hearings before the planning commission or city council shall be mailed to all persons whose names appear on the latest adopted tax roll of Imperial County as owning property within three hundred feet of the exterior boundaries of the property that is the subject of the hearing.

(1992 zoning ord. (part))

17.01.240 - Action by the planning commission. ¶

Prior to the public hearing on the particular permit and/or application, the planning director shall investigate the application and prepare a written report thereon and submit the report to the planning commission and the applicant. The planning commission shall review and consider the director's report, comments from the applicant and the public within forty calendar days after compliance with the California Environmental Quality Act Sections 21000 through 21176 inclusive of the Public Resources Code. Action of the planning commission shall be made through the adoption of a resolution with appropriate findings to the particular permit and/or application, as detailed in Sections 17.01.440, 17.01.540, 17.01.630, 17.01.640 and 17.01.650. Action of the planning commission shall be deemed final within ten calendar days unless an appeal is filed with the city clerk, or unless the application is for a change of zone amendment to the zoning ordinance or zoning determination. In those such cases the application shall be scheduled for city council action. (1992 zoning ord. (part))

17.01.250 - Action by the city council. ¶

The planning director shall prepare a report on the action of the commission on applications for change of zone, amendments to the zoning ordinance, zoning determinations, and appeals of planning commission actions. The council shall review and consider the planning commission recommendation(s), comments by the applicant and the public. The council shall act to approve or deny the application or appeal and make the appropriate findings detailed in Sections 17.01.440, 17.01.540, 17.01.630, 17.01.640 and 17.01.650. All actions of the city council are final. (1992 zoning ord. (part))

Article III. - Amendments

17.01.310 - Purpose. ¶

The zoning map and/or zoning ordinance may be amended by changing the boundaries of any zone or by changing any zoning regulation or any other provision of this title in accord with the procedure prescribed in this article. (1992 zoning ord. (part))

17.01.315 - Initiation. ¶

A.

A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in zone boundaries as prescribed in this article. If the

property for which a change of zone is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

B.

A change in the boundaries of any zone or a change in the regulations may be initiated by resolution of the planning commission when approved by the city council; or initiated directly by the city council.

C.

A change in the zoning ordinance text may only be initiated by resolution of the planning commission when approved by the city council; or initiated directly by the city council. (1992 zoning ord. (part))

17.01.320 - Application—Data and maps to be furnished. ¶

A property owner or his authorized agent, desiring to propose a change in the boundaries of the zone in which his property is located, may file with the planning director, an application for a change in zone boundaries on a form prescribed by the planning director and shall include the following data:

A.

Name and address of the applicant.

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in zone boundaries is proposed.

C.

Address and legal description of the property.

D.

An accurate scale drawing of the site and the surrounding areas showing existing streets and property lines, and existing and proposed zone boundaries, for a distance determined by the planning director to be necessary to illustrate the relationship to and impact on the surrounding area, but not less than three hundred feet or more than six hundred feet from the property proposed for rezoning.

E.

A property ownership list, listing the names, addresses, and assessor's parcel number of all property owners within three hundred feet of the exterior boundaries of subject property. The list shall be obtained from the latest equalized assessment roll issued by the Imperial County Assessor.

F.

A radius map drawn on the assessor's parcel maps, indicating the subject property with a three hundred foot radius drawn around the property.

Complete environmental assessment information on forms supplied by the planning director.

H.

The planning director may require additional information or maps if they are necessary to enable the planning commission and council to determine whether the change is consistent with the objectives of this title. The planning director may authorize omission of the map required by this section, if the director deems it is not necessary. (1992 zoning ord. (part))

17.01.325 - Public hearing by planning commission and city council. ¶

The planning commission and the city council shall each hold a public hearing on every application for a change in zone boundaries or for a change of the zoning regulations. The hearing shall be set and notice given as prescribed in Section 17.01.230. (1992 zoning ord. (part))

17.01.330 - Alternate classification in lieu of proposed classification. ¶

Following a public hearing on a change in the boundaries of any zone, if the planning commission and/or council determines that a change to a zone classification other than the proposed classification request by the applicant in the hearing notice is desirable, the planning commission may recommend and the council may adopt an alternate classification to a proposed classification in accord with the following schedule:

Proposed Zone Described in Public Hearing Notice	Alternate Zone that may be Considered
RR	A, SPA, PD
R-1	RR, A, SPA, PD
RC	RR, R-1, SPA, PD
RA	Any other R Zone, SPA, PD
CO	A, SPA, PD
CN	A, SPA, PD
CH	CO, SPA, PD
CS	CN, SPA, PD
I	A, SPA, PD
IR	I, A, SPA, PD
MHP	R-1, RC, RR, SPA, PD
A	None

In order to more properly accommodate these alternate zone classifications, the notice of public hearing shall indicate the alternate classifications, if any, which the planning commission and city council could consider. (1992 zoning ord. (part))

17.01.350 - New application. ¶

Following the denial of an application for a change in zone boundaries or a change in the zoning regulations, an application or request for the same or substantially the same change shall not be filed within one calendar year of the date of denial. (1992 zoning ord. (part))

17.01.355 - Change of zoning map. ¶

A change in zone boundaries upon approval by the city council, shall be indicated by listing on the zoning map the number of the ordinance amending the map. (1992 zoning ord. (part))

Article IV. - Zoning Determination

17.01.410 - Purpose and initiation. ¶

In order to ensure that the zoning regulations will permit similar uses in each zone, the planning commission and/or the city council, upon its own initiative or upon written request shall determine whether a use, not specifically listed as a permitted or conditional use, shall be deemed a permitted use or a conditional use, in one or more zones, on the basis of similarity to uses specifically listed. The procedures of this article shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. (1992 zoning ord. (part))

17.01.420 - Application. ¶

Application for determination of similar uses shall be made in writing to the planning director and shall include a detailed description of the proposed use and such other information as may be required by the planning director to facilitate the determination. (1992 zoning ord. (part))

17.01.430 - Investigation and report. ¶

Within thirty calendar days of the filing of the request for determination, the planning director shall prepare a report. The planning director shall make such investigations of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of the findings to the planning commission. The planning commission shall review said report and forward its recommendation to the city council for their action. (1992 zoning ord. (part))

17.01.440 - Findings. ¶

A.

In permitting or classifying an unlisted use, all of the following findings must be made:

1.

The use furthers the objectives of the zone; and

2.

The subject use and its operations are compatible with the uses permitted in the zone; and

The subject use is similar to one or more uses permitted in the zone; and

4.

The subject use will not cause substantial injury to the property in the zone within which it is proposed to be located or in any abutting zone. (1992 zoning ord. (part))

17.01.450 - Determination. ¶

The planning commission shall review the director's report and forward a recommendation on the city council for their determination. The city council shall hear the item at their next regularly scheduled meeting and render said decision in writing. (1992 zoning ord. (part))

Article V. - Conditional Use Permit Regulations

17.01.510 - Purpose. ¶

In order to give the use regulations the flexibility necessary to achieve the objectives of this title, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes, the planning commission is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zoning ordinance and to impose reasonable conditions upon the granting of conditional use permits. (1992 zoning ord. (part))

17.01.515 - Application—Data and maps to be furnished. ¶

Application for a conditional use permit shall be filed with the planning director on a form prescribed by the planning director and shall include the following data and maps:

A.

Name and address of the applicant.

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way.

C.

Address and legal description of the property.

D.

Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a use permit,

prescribed in Section 17.01.540.

E.

A list of all owners of property located within three hundred feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.

F.

Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans.

G.

The planning director may waive requirements of subsection F of this section and/or require additional data as deemed necessary to the decision-making process. (1992 zoning ord. (part))

17.01.520 - Public hearing. ¶

The hearing shall be set and notice given as prescribed in Section 17.01.230. At the public hearing, the planning commission shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.01.540. (1992 zoning ord. (part))

17.01.530 - Investigation and report. ¶

The planning director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant on the Friday prior to the public hearing. (1992 zoning ord. (part))

17.01.535 - Conditions of approval. ¶

A.

A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. Conditions may include, but shall not be limited to requiring:

1.

Special yards;

2.

Open spaces;

3.

Buffers;

Fences;

5.

Walls;

6.

Installation and maintenance of landscaping;

7.

Street dedications and improvements;

8.

Regulations of points of vehicular ingress and egress;

9.

Regulation of traffic circulation;

Regulation of signs;

Regulation of hours of operation and methods of operations;

12.

Control of potential nuisances;

13.

The prescription standards for maintenance of building and grounds;

14.

Prescription of development schedules and development standards; and

15.

Such other conditions as the commission may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.

Variations from the regulations prescribed elsewhere in this section for fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street, shall be separately administered in accordance with the procedures in Article VI, Variances, of this chapter. (1992 zoning ord. (part))

17.01.540 - Findings. ¶

The planning commission shall make the following findings before granting a conditional use permit:

A.

That the proposed location size, design, and operating characteristics of the proposed use is in accord with the title and purpose of this zoning title, the purpose of the zone in which the site is located, the Calexico general plan, and the development policies and standards of the city; and

B.

That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:

1.

Harmony in scale, bulk, coverage, and density,

2.

The availability of public facilities, services and utilities,

3.

The harmful effect, if any, upon desirable neighborhood character,

4.

The generation of traffic and the capacity and physical character of surrounding streets,

5.

The suitability of the site for the type and intensity of use or development which is proposed,

6.

The harmful effect, if any, upon environmental quality and natural resources, and to

7.

Any other relevant impact of the proposed use; and

That the proposed location size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and

D.

That the proposed conditional use will comply with each of the applicable provisions of this title, except for an approved variance. (1992 zoning ord. (part))

17.01.545 - Lapse of conditional use permit.

A.

A conditional use permit shall lapse and shall become void three years following the date on which the use permit was approved, unless prior to the expiration of the permit:

1.

A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application; or

2.

A certificate of occupancy is issued for the structure which was the subject of the use permit application; or

3.

The site is occupied in accordance with conditional use, if no building permit or certificate of occupancy is required; or

4.

The use which was the subject of the use permit application is commenced, provided that a use permit for a public utility installation may be valid for a longer period if specified by the commission.

B.

A conditional use permit subject to lapse may be renewed for an additional period of three years, provided that ninety calendar days prior to the expiration date, an application for renewal of the use permit is filed with the director of planning on the prescribed form and accompanied by the necessary data and deposits.

C.

The planning commission may grant or deny an application for renewal of a conditional use permit.

D.

If the use, business, or service for which the conditional use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred and eighty calendar days except for:

Destruction or damage by acts of God; or

2.

Destruction or damage by malicious acts; or

3.

Remodeling or rehabilitation requiring prolonged closure;

The conditional use permit shall expire and the permit shall thereafter have no further force or effect.

(1992 zoning ord. (part))

(Ord. No. 1173, § 4, 10-12-2016)

17.01.550 - Pre-existing conditional uses.

A.

A conditional use legally established prior to the effective date of the ordinance codified in this title, or prior to the effective date of subsequent amendments to this title or zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accordance with the conditions prescribed at the time of its establishment, if any; and provided that it meets the requirements of Section 17.01.545.

B.

Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a conditional use permit as prescribed in this article, provided that minor alterations as determined by the director of planning shall be permitted without the granting of a conditional use permit.

C.

A conditional use permit shall be required for the reconstruction of a structure which has a pre-existing conditional use, if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than fifty percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the city engineer and building official and shall be based on the minimum cost of construction in compliance with the building code. (1992 zoning ord. (part))

17.01.560 - Modification of conditional use.

Sections 17.01.510 through 17.01.540 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the planning director, if it is determined that the changes would not affect the findings prescribed in Section 17.01.540, Findings. (1992 zoning ord. (part))

17.01.565 - Suspension and revocation. ¶

A.

Suspension. If in the opinion of the director of planning, a violation of any applicable provision of this title; or, if granted subject to conditions, upon failure to comply with conditions; or that, as a result of evidence now available and not available at the prior hearing when permit was granted and could not have been obtained with reasonable diligence at that hearing, the findings made, pursuant to Section 17.01.540, can no longer be made; or that the permit was obtained by fraud, a conditional use permit shall be suspended automatically.

B.

Revocation. The planning commission shall hold a public hearing within forty calendar days, in accordance with procedure prescribed in Section 17.01.230, Public hearing and notification. The planning commission, if it is not satisfied that the regulation, general provision, or condition(s) is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s). The decision shall become final thirty calendar days following the date on which the use permit was revoked unless a request for an appeal has been filed within the ten calendar days, in which case Section 17.01.250, Action by the city council, shall apply. (1992 zoning ord. (part))

17.01.570 - New applications. ¶

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit. (1992 zoning ord. (part))

17.01.575 - Use permit to run with the land. ¶

A use permit granted pursuant to the provisions of this article shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the use permit application. (1992 zoning ord. (part))

17.01.580 - Use permit and change of zone filed concurrently. ¶

Application for a conditional use permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the city shall hold the public hearing on the zoning change and the use permit at the same meeting and may combine the two hearings. (1992 zoning ord. (part))

Article VI. - Variances

17.01.610 - Purposes and authorization.

A.

C.

That the granting of the variance will not create a safety hazard or any other condition inconsistent with objectives of this title. (1992 zoning ord. (part))

17.01.655 - Effective date of variance. ¶

A decision of the planning commission on a variance shall be effective within ten calendar days unless an appeal of the decision is filed within the ten calendar days. (1992 zoning ord. (part))

17.01.660 - Lapse of variance. ¶

A.

A variance shall lapse and shall become void one year following the date on which the variance became effective unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.

B.

A variance may be renewed for an additional period of one year provided that ninety calendar days prior to the expiration of one year from the date when the variance became effective, an application for renewal of the variance is filed with the planning director.

C.

The planning commission may grant, grant conditionally, or deny an application for renewal of a variance. (1992 zoning ord. (part))

17.01.670 - Revocation. ¶

A variance granted by the planning commission, subject to conditions may be revoked by the commission if the applicant has not complied with the conditions. The decision of the commission revoking a variance shall become effective ten calendar days following the date on which it was revoked, unless an appeal is received within the ten calendar days. (1992 zoning ord. (part))

17.01.675 - Variance related to plans submitted. ¶

Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application. (1992 zoning ord. (part))

Article VII. - Development Review Procedure

17.01.710 - Purpose. ¶

A.

The provisions of this article shall be known as the development review procedure.

B.

The city finds that a development review process supports the implementation of the Calexico general plan. The city further finds that the quality of residential, commercial, industrial, and public/quasi-public uses has

a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the city. This section is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative imaginative solutions for the project and quality design for the city. It is, therefore, the purpose of this section to:

1.

Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit.

2.

Encourage the orderly and harmonious appearance of structures and property within the city, along with associated facilities, such as but not limited to signs, landscaping, parking areas, and streets.

3.

Maintain the public health, safety, and general welfare, and property throughout the city.

4.

Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.

5.

Reasonably ensure that new developments, including residential, commercial, industrial and public/quasipublic development, do not have an adverse impact on aesthetics, health, adjoining properties, or the city in general.

6.

Ensure that the proposed development complies with all of the provisions of the zoning ordinance and the general plan. (1992 zoning ord. (part))

17.01.720 - Applicability. ¶

In order to safeguard and enhance the appearance and quality of development of the city, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments; mobilehomes on permanent foundations; single-family homes (custom); multiple-family developments; mobilehome parks; commercial or industrial establishments, including additions, alterations and redevelopment thereof. (1992 zoning ord. (part))

17.01.730 - Plans and drawings submission. ¶

In addition to meeting all of the other requirements of the zoning ordinance, any applicant for a building permit for the establishment of single-family subdivision development; mobilehomes on permanent foundations; single-family home (custom); multiple-family developments; the establishment of commercial or industrial uses; including additions, alterations and redevelopment thereof shall submit the following plans and drawings to the director of planning for review:

A.

A site plan, drawn to scale, showing the proposed location of structures and other improvements including, where appropriate, driveways, pedestrian walks, off-street parking areas, landscaped areas, fences, and walls. The site plan shall indicate the locations of off-street parking areas including entrances and exits and the direction of traffic flow into and out of off-street parking areas.

B.

A conceptual landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed or retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein, and other landscape features as may be necessary to illustrate the landscape concept.

C.

Architectural drawings drawn to scale, including floor plans in sufficient detail to permit computation of yard requirement and all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified.

D.

Accurate scale drawings of all signs indicating their size, material, color, and illumination, if any.

E.

Conceptual grading and drainage plans.

F.

Such other data as may be required by the director of planning to ensure that the purposes of this section are satisfied. (1992 zoning ord. (part))

17.01.740 - Review and evaluation. ¶

The director shall review and evaluate development plans submitted in accordance with the following guidelines:

A.

Scope. The director shall review and evaluate development plans for conformance with the site plan review standards and criteria set forth in the pertinent sections of the zoning ordinance.

B.

Modifications Required for Approval of the Development Plan. The director may specify modifications, changes, and additions to the development plan in his recommendation or requirements for its approval. Such recommendations may be suggested by the director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental impact report or modifications, changes and additions that are necessary to meet the purposes of this article.

C.

Improvements Required for Approval of the Development Plan. The director shall insure that all development plans provide for on and off-site improvements which may be required to implement the purposes of this article of the zoning ordinance, the general plan and all policies of the city council. (1992 zoning ord. (part))

17.01.750 - Action by director. ¶

The director shall have the authority to approve, deny or modify applications for development review. Within fifteen calendar days of the date that application is deemed complete by the director, the director shall approve, conditionally approve, or disapprove the application, or shall request the applicant to revise said application. Failure of the director to act within fifteen calendar days shall be deemed approval of the application unless the applicant shall consent to an extension of time. (1992 zoning ord. (part))

17.01.760 - Appeal to planning commission. ¶

A decision of the director may be appealed in writing, within ten calendar days to the planning commission by the applicant or any other interested person, upon paying the established deposit, or the director's decision may be appealed by a member of the planning commission and/or city council without deposit. (1992 zoning ord. (part))

17.01.770 - Action by planning commission. ¶

Action by the planning commission shall follow the procedures established by Section 17.01.240. Failure of the planning commission to act within thirty calendar days from the appeal shall be deemed approval of the plan and drawings unless the applicant shall consent to an extension of time. (1992 zoning ord. (part))

17.01.780 - Conditions. ¶

Development reviews may be approved or modified subject to the performance of such conditions, including the provision of required improvements as the director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the zoning ordinance, general plan, planning commission and city council policies shall be achieved. Such conditions shall be imposed and enforced as follows:

A.

Security May be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance.

B.

Provision of Required Improvements. Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the cognizant city authority pursuant to local ordinance to make such improvements prior to the time or events specified in the development review

approval. Improvements shall include but not be limited to curbs, gutters, sidewalks, street pavement and off-site improvements.

C.

Condition Declared Void. Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of the conditions of a development review approval to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions, said development review approval shall cease to be valid and all rights or privileges granted thereby shall lapse, as provided by Section 17.01.785.

D.

Violation of Condition. Whenever a development review is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such condition shall constitute a violation of the zoning ordinance and said development review approval may be revoked or modified as provided in Section 17.01.785. (1992 zoning ord. (part))

17.01.785 - Revocation or modification of development review approval for cause.

A development review approval may be revoked or modified by the approving authority for cause as provided by the provisions of this section. For purposes of this section, the modification of a development review approval may include the modification of the terms of the development review approval itself or the waiver, alteration, or imposition of new conditions pursuant to Section 17.01.780.

A.

Grounds for Revocation or Modification. A development review approval may be revoked or modified by the approving authority pursuant to the provisions of this section upon a finding of any one or more of the following grounds:

1.

That such development review approval was obtained or extended by fraud.

2.

That one or more of the conditions upon which such development review approval was granted have been violated.

3.

That the use for which the development review approval was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance.

4.

That construction on the subject property is not in conformance with the development review approval or other applicable requirements.

B.

Notification. The director shall notify the owner of the property of his action in the same manner as specified in the building code for revocation of a building permit, or by written notice to the owner of the subject property as shown on the latest assessment roll or as indicated by later information available to the director.

C.

Appeal. Revocation or modification of a development review approval may be appealed pursuant to Section 17.01.760. (1992 zoning ord. (part))

17.01.790 - Automatic revocation of development review approval. ¶

Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions said development review approval shall also cease to be valid. (1992 zoning ord. (part))

17.01.795 - Expiration and extension. ¶

Any approval of a development review shall expire within one year of such approval except where construction or use of the property in reliance on such development review approval has commenced prior to its expiration. If construction and use of the property in reliance on a development review approval has not commenced within the three years period, said period may be extended by the director for a period not exceeding six years from the date of original approval.

(1992 zoning ord. (part))

(Ord. No. 1173, §5, 10-12-16)

Article VIII. - Nonconforming Uses and Structures

17.01.810 - Purposes. ¶

A.

D.

A use which fails to meet the performance standards of the zone in which it is located shall not be enlarged or extended or shall have equipment replaced that results in failure to meet performance standards unless

the enlargement, extension, or replacement will result in elimination on nonconformity with performance standards. (1992 zoning ord. (part))

17.01.840 - Discontinuation of nonconforming use. ¶

Whenever a nonconforming use has been discontinued or changed to a conforming use for a continuous period of one hundred eighty calendar days or more, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the director of planning is notified in writing of the intent to resume and has approved a schedule for resumption of said use. (1992 zoning ord. (part))

1.

In any zone, removal of a nonconforming use that does not occupy a structure or a use occupying a structure having an assessed valuation of less than five hundred dollars shall be removed or made to conform within five years from the date of notification as set forth in Section 17.01.895 herein.

2.

In an R zone, a use that is not a permitted use or a conditional use in a CO or CN zone; or in a CH zone, a use that is not a permitted use or a conditional use in any C zone or an I zone shall be removed or made to

conform within fifteen years from the date of notification as set forth in Section 17.01.895 herein.

B.

Structures.

1.

Removal or alteration of a nonconforming structure having an assessed valuation of less than five hundred dollars shall be removed or made to conform within five years from the date of notification as set forth in Section 17.01.895 herein. (1992 zoning ord. (part))

17.01.890 - Time when use and structure become nonconforming. ¶

Whenever a use and/or a structure become nonconforming because of a change of zone boundaries or a change of regulations for the zone in which it is located, the period of time prescribed in this article for the elimination of the use, and the removal of the structure, shall be computed from the effective date of the change of zone boundaries or regulation. (1992 zoning ord. (part))

17.01.895 - Notice of elimination date for nonconforming use and structure.

When the planning director determines the existence of nonconforming uses listed in Section 17.01.880, Elimination of nonconforming uses and structures, and notifies the owner by certified or registered mail of the provisions and dates for compliance with the provisions of Section 17.01.880 the time periods prescribed shall commence. The first notification shall precede the date by which elimination is required by not less than the time periods prescribed in Section 17.01.880. Thereafter, notification shall be given annually in the same manner as the first notification. (1992 zoning ord. (part))

Article IX. - Definitions

17.01.900 - Definitions. ¶

A.

For the purposes of this title, certain words, phrases, and terms used herein shall have the meaning assigned to them by this section.

When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word "shall" is mandatory; the word "may" is permissive.

1.

"Abut" means two adjoining parcels of property with a common property line, including two or more lots adjoining only at a corner, except where such common property line is located in a public street right-ofway.

"Access" or "access way" means the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

3.

"Accessory building" means a building, part of a building, or structure, which is incidental or subordinate to the main building or use on the same building site.

4.

Reserved.

5.

Reserved.

6.

"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of such lot or building.

7.

Adult Arcade. See "adult motion picture arcade."

8.

"Adult bookstore" means an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals.

9.

"Adult cabaret" means a nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

10.

"Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

11.

"Adult hotel or motel" means a hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

12.

"Adult mini-motion picture theater" means an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

13.

"Adult model studio" means any establishment open to the public where, for any form of consideration or gratuity, featuring models who display specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

14.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

15.

"Adult motion picture theater" means an establishment, with the capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the

showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

16.

"Adult theater" means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

17.

"Alley" means any dedicated or implied dedication of an access or way intended for vehicular use to the rear or side of a property served by a street.

18.

"Ambient level" means that general noise level in the area at the given time.

19.

"Amendment to ordinance" means a change in the wording, context or substance of this title when adopted by ordinance.

20.

Anatomical Areas. See "specified anatomical areas."

21.

"Animal hospital" means a place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

22.

"Apartment" means a building or portion thereof designed and used for occupancy by two or more individual persons or families living independently of each other.

23.

"Apartment hotel" means a building or portion thereof designed for or containing both individual guestrooms or suites or rooms and dwelling units.

24.

"Apartment house" means a multiple dwelling.

25.

"Arcades" means a place of business where five or more electronic or electrical coin operated games are operated for compensation.

26.

"Auditorium" means the part of a church, school, college, university or other public building assigned to the audience or a room assigned for public assembly, lectures, entertainment, dances or similar uses.

27.

"Auto court" means a motel.

28.

"Automobile service station" means a lot or portion of a lot used for the servicing of motor vehicles. Such servicing may include sale of motor fuel and oils, lubrication, incidental car washing, waxing and auto accessories. Such servicing shall not include tire recapping, sale of major auto accessories, wheel repair or parts, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery, or installation of auto glass.

29.

"Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of one or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

30.

"Basement" means a story partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above grade.

31.

"Block" means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus of a dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

32.

"Boarding or rooming house" means a building containing a dwelling unit where lodging is provided with or without meals for compensation for five or more persons.

33.

"Borrow pit" means any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise for any purpose other than necessary and incidental to grading or to building

construction or operation on the premises where such necessary and incidental removal is completed within six months.

34.

"Building" means any structure having a roof and enclosed on all sides, constructed for the shelter, enclosure of persons, animals or property of any kind.

35.

"Building height" means the vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.

==> picture [228 x 150] intentionally omitted <==

36.

"Building site" means a legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property, by the owner thereof.

37.

"Building site" means the ground area of one lot or the ground area of two or more lots when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title.

38.

"Building site front" means, in the case of an interior lot, the portion adjacent to the street; in the case of a double-frontage or through lot, both street frontages; on corner lots, the front shall be on the street where the majority of the lots in the block front.

39.

"Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures, and premises by professions and trades rendering services.

"Canopy" means a small roof or awning attached to the wall of a structure which is supported by no means other than its attachment to the wall.

41.

"Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for vehicle storage for the occupants of the premises.

42.

"Change of zone" means a change in the zone map affecting the classification of any property shown thereon.

"City" means the city of Calexico.

44.

"Clinic" means a place for medical services to patients human or animal not involving the overnight housing of patients.

45.

"Club" means an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service as a business for profit.

46.

"Coffee shop" means a completely enclosed restaurant facility wherein the customers are served at a counter and/or tables.

47.

"College" means a college, junior college or university supported by public funds, or a private college, junior college or university which gives comparable general academic instruction and degrees.

48.

"Commission" means the planning commission of the city of Calexico.

49.

"Community apartment" means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon.

50.

"Conditional use permit" means a permit granted by resolution of the city council in accordance with the terms of this title for specific cases to suspend the use requirements on a particular property.

51.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store.

52.

"Condominium conversion" means the conversion of rental units, residential or commercial, into a condominium project.

53.

"Convalescent home" means a facility licensed by the state Department of Public Health, the state Department of Social Welfare, or the county of Imperial, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill or dietary problems, and persons aged or infirm unable to care for themselves; but not including alcoholics, drug addicts or persons with mental or contagious diseases or afflictions.

"Council" means the city council of the city of Calexico.

"County" means the county of Imperial.

56.

"County recorder" means the county recorder of the county of Imperial.

57.

"Day nursery" (including pre-school and nursery schools) means any building, buildings or portion thereof used for the daytime care of six or more children at any location other than their normal place of residence, excluding any children who normally reside on the premises.

58.

"Density" means the total number of dwelling units permitted on a net acre of land exclusive of all existing public or private streets and right-of-way. Rounding shall be to the lowest whole number.

59.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

"Director" means the planning director of the city of Calexico or the duly authorized representative.

61.

"Dormitory" means a building intended or used principally for sleeping accommodations, where such building is related to an educational institution.

62.

"Drive-in or drive-through restaurant" means a place of business which sells food products and/or beverages and which:

a.

Delivers such food products and/or beverages to customers outside of the building in which they are prepared by means of service, a window, counter, or similar method or device; or

b.

Delivers such food products and/or beverages to customers outside of the building which is designed in such a manner that a majority of the customers will remove such food products and/or beverages from the building for consumption either on the premises or in the immediate vicinity.

63.

"Dump" means an area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible garbage or refuse, offal or dead animals.

64.

"Dwelling" means a building or portion thereof designed exclusively for residential occupancy.

Reserved.

66.

Dwelling, Multiple. "Multiple dwelling" means a building containing two or more dwelling units or a combination of two or more separate single-family dwelling units on one lot.

67.

"One-family dwelling" means a detached building used exclusively for occupancy by one family, including necessary servants and employees of such family, and containing one dwelling unit.

Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for residential occupancy.

69.

"Two-family dwelling" means a building used exclusively for occupancy by two families, including necessary servants and employees of each such family, living independently of each other and containing two dwelling units.

70.

"Dwelling unit" means one or more rooms and a single kitchen in a single-family dwelling, apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes.

71.

Dwelling Unit, Accessory. "Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily dwelling is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in section 18007.

72.

"Educational institutions" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary, or collegiate levels, and including graduate school, universities, nonprofit research institutions and religious institutions.

72a.

"Emergency shelters" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. The housing is provided on a first-come first serve basis where the homeless persons must vacate the emergency shelter each morning & have no guarantee of a bed for the next night.

72b.

"Employee housing" means on-site living accommodation provided by an employer in a single family structure in R-1, residential zones in connection with any work whether or not rent is involved for six or fewer persons. Per Section 17021.5(b) of the Health and Safety Code, employee housing shall not be deemed a use that implies that the employee housing is an activity that differs in any other way from an agriculture use. No conditional use permit, variance, or other zoning clearance shall be required of employee housing that would not be required of a single family dwelling of the same type in the same zone.

73.

"Exception" means a variance to the yard and lot requirements set forth in Chapters 17.28 through 17.44 granted by the city in accordance with the terms of this title.

74.

"Family" means one or more persons living together as a single housekeeping unit in a dwelling and that shares household responsibilities and activities such as expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other. A family also includes the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries, nor does it include such commercial group living a arrangements as boardinghouses, lodging houses and farm labor camps.

74a.

"Family care home" means a small or large family care home licensed by the state providing twenty-fourhour, non-medical care for persons, including mentally or physically handicapped persons.

a.

"Large family care home" means a home that provides care for seven to fourteen persons including children under the age of eighteen years who reside at the home, as set forth in the California Health and Safety Code.

b.

"Small family care home" means a home that provides family care for six or fewer persons including children under the age of eighteen years who reside at the home, as set forth in the California Health and Safety Code.

74b.

"Family care institution" means a state-authorized, certified, or licensed family care home, foster home, or group home which does not quality as a family care home.

75.

"Feed lot" or "feed yard" means a lot, or portion of a lot, used for enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm.

76.

"Garage" means a detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles of the occupants of the premises.

77.

Garage, Private. "Private garage" means an accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

78.

Garage, Public. "Public garage" means a building other than a private garage used only for the shelter or storage or operating of motor vehicles, and/or for the care, repair, equipping, hire or sale of such vehicles.

79.

"General plan" means the general plan of the city of Calexico, and shall consist of the general plan maps and text adopted by the city council.

80.

"Grade" means the average level of the finished ground surfaces surrounding a building.

81.

"Gross area" means the total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

82.

"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, and having no kitchen facilities.

83.

Reserved.

84.

"Highway" means a street shown as a freeway, major, primary, or secondary highway on the general plan of the city.

85.

"Home occupation" means an occupation customarily conducted entirely within a dwelling by the occupant of the dwelling as a secondary use in connection with which there is no display, no stock in trade or commodity sold upon the premises, and no person employed.

86.

"Hospital" means an institution for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

87.

"Hotel" means a structure or portion thereof or a group of attached guest rooms or suites occupied on a transient basis for compensation.

"Kennel" means any lot, building, structure, enclosure or premises whereupon or wherein are kept seven or more dogs, cats or similar small animals in any combination for more than ten days, whether such keeping is for pleasure, profit, breeding, or exhibiting, and including places where dogs or cats or similar animals in any combination are boarded, kept for sale, or kept for hire.

89.

Kennel, Commercial. "Commercial kennel" means any kennel maintained for the purpose of boarding, breeding, raising or training dogs or cats over the age of four months for a fee or for sale.

90.

Kennel, Noncommercial. "Noncommercial kennel" means any property where four or more dogs or cats, over the age of four months, are kept or maintained for the use of enjoyment of the occupancy for noncommercial purposes.

91.

"Kitchen" means any room used or intended to be used or designed to be used for cooking or the preparation of food, including any room having a sink and either a gas opening or provision for an electric stove.

92.

"Large animals" means and includes equine or cleft-hoofed animals and shall include other such animals described and assumed by their size, weight, and/or appearance to be large animals.

93.

"Legal lot" means a) a parcel of real property shown as a delineated parcel of land with a number or letter designation, on a subdivision map, or parcel map recorded in the office of the county recorder and created in conformance with the state Subdivision Map Act; b) a parcel of real property shown on a recorded record of survey map, lot division plat, or other official map filed in the office of the county recorder or county engineer, when such map or plat was filed as the result of and was made a condition of a lot division approved by the county of Imperial under the authority of prior or existing county ordinances; c) any parcel of real property which existed as a separate parcel on or before March 4, 1972 as evidenced by a valid deed recorded on or before that date; d) a parcel of real property described in a recorded certificate of compliance, approved and filed by the city of Calexico in the county of Imperial in accordance with the state Subdivision Map Act and county or city code.

94.

"Loading space" means an off-street space or berth used for the loading or unloading of commercial vehicles.

95.

"Lot" means:

a.

A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder; or

b.

A parcel of real property delineated on an approved record of survey, parcel map or subdivision map as filed in the office of the county recorder or in the office of the planning department, and abutting at least one public street or right-of-way or easement determined by the city engineer to be adequate for the purpose of access; or

c.

A parcel of real property abutting at least one public street or right-of-way or easement determined by the city engineer to be adequate for the purpose of access and held under separate ownership from abutting property prior to February 1, 1972.

96.

"Lot area" means the total area exclusive of streets or alleys within the boundary lines of a lot.

97.

Lot, Corner. "Corner lot" means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred thirty-five degrees. If the angle is greater than one hundred thirty-five degrees, the lot shall be considered an "interior lot."

98.

"Lot coverage" means the ratio between the ground floor area of the building or buildings and the net area of the lot, exclusive of the ultimate street right-of-way.

99.

"Lot depth" means the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

100.

Lot, Flag. "Flag lot" means a lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing vehicular access to the lot.

101.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

102.

"Lot line" means any line bounding a lot as herein defined.

103.

Lot Line, Front. On an interior lot, the front lot line means the property line abutting the street. On a corner or reverse corner lot, the front lot line means the shorter property line abutting a street, except in those cases where the subdivision or parcel map specifies another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designated as the edge of the easement.

104.

Lot Line, Interior. "Interior lot line" means a lot line not abutting a street.

105.

Lot Line, Rear. "Rear lot line" means a lot line not abutting a street, which is opposite and most distant from the front lot line. In the case of an irregular-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot line.

106.

Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.

==> picture [228 x 159] intentionally omitted <==

Lot Line, Side. "Side lot line" means any lot line not a front lot line or rear lot line.

108.

Lot, Through. "Through lot" means a lot having frontage on two dedicated parallel or approximately parallel streets.

"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

110.

"Main building" means the principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined in this title shall be construed as constituting a main building.

111.

"Mobilehome" means a movable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy for one family and having no foundation other than jacks, piers, wheels, or skirtings.

"Mobilehome unit space" means a plot of ground within a mobile home park designed for the accommodation of one mobilehome unit.

"Motel" means the same as "hotel."

"Net acre" means all land within a given area or project including residential lots, and other open space which directly serves the residents of the net acre; but exclusive of all public or private streets and other easements.

115.

"Nonconforming building" means a building or portion thereof which was lawful when established but which does not conform to the provisions of this title.

116.

"Nonconforming lot" means a lot, the area, frontage, or dimensions of which do not conform to the provisions of this title.

117.

"Nonconforming use" means a use lawful when established but which does not conform to the provisions of this chapter.

118.

"Nonprofit institution" means a nonprofit establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar

services to the public, groups or individuals.

119.

"Parcel" means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same person.

120.

"Parking space" means a space or area, other than a street or alley, not less than nine feet wide and twenty feet long provided with adequate ingress and egress, and which is permanently reserved and maintained for the parking of motor vehicles. Where more than four parking spaces are grouped as a common facility, the area per parking space plus the area used for driveways shall total not less than three hundred square feet per parking space.

121.

"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other city, county, district or other political subdivision, or any other group or combination acting as a unit.

122.

"Regulation golf course" means a golf course having grassed fairway with a total length not less than five thousand four hundred yards.

123.

"Rest home or home for the aged" means premises used for the housing of and caring for the ambulatory aged or infirm, which premises require a license from the state or county. There shall be only incidental convalescent care not involving a physician residing on the premises. There shall be no surgery or other similar activities such as customarily provided in sanitariums and hospitals. Also see the State and Safety Code.

123a.

"Residential care facility" means various types of facilities operated by licensed staff that provide twentyfour-hour non-medical supportive and custodial care for children, adults, and the elderly who need general assistance for everyday living. The facilities are licensed by the state department of social services and are not considered to be health facilities. The facilities are referred to by a variety of terms, including: group homes, family care homes, foster family homes, small family homes, special needs housing, adult residential facilities, social rehabilitation facilities, residential board and care facilities, assisted living facilities, supportive housing, residential care facilities for the chronically ill, residential care facilities for the elderly. See California Health and Safety Code Section 1502(a).

123b.

"Residential care facility, small" means a residential care facility, such as a small family care home of group home, that provides care for six or fewer persons, including children under the age of eighteen years, who

reside at the home. A group home or small family care home, by definition, is small residential care facility since care is provided for six or fewer persons.

123c.

"Residential care facility, large" means a residential care facility, such as a large family care home, that provides care for seven or more persons, including children under the age of eighteen years, who reside at the home.

124.

"Sanitarium" means a health station or retreat or other place where resident patients are kept, and where medical or surgical treatment is given to persons suffering from a sickness, disease, disorder or ailment other than a mental sickness, disease, disorder or ailment, but which does not specialize in giving clinical, temporary or emergency service.

Reserved.

"Service station" means the same as "automobile service station."

Setback, Front Yard. "Front yard setback" means the area which defines the depth of the required front yard. Said setback shall be measured from the ultimate street right-of-way or the line established by the general plan, whichever is greater, and be removed therefrom by the perpendicular distance prescribed for the front yard setback of the zone in which the property is located.

128.

Setback, Rear Yard or Side Yard. "Rear yard or side yard setback" means the area which defines the width or depth of the required rear or side yard setbacks. Said setbacks shall be measured from the property line, removed therefrom by the perpendicular distance prescribed for the yard setback in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in "setback, front yard."

129.

"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments.

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.

130a.

"Single room occupancy buildings" means a building providing single-room units for one or more persons with or without shared kitchen and bath facilities, including efficiency units per Health and Safety Code Section 17958.1.

131.

"Small animals" means pygmy goats, miniature horses, domestic, and those other such comparably-sized animals distinguished from those described as large animals, not including poultry or rabbits.

132.

"Specific anatomical areas" means:

a.

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

b.

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

133.

"Specified sexual activities" means:

a.

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

b.

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

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in subsections (99)(a) through (99)(c).

Stable, Commercial. "Commercial stable" means a stable for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation.

135.

Stable, Private. "Private stable" means an accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not rented, used or boarded on a commercial basis for compensation.

136.

"State" means the state of California.

137.

"Storage of nonoperating motor vehicles" shall not include automobile wrecking. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale, constitutes prima facie evidence of the storage of nonoperating motor vehicles.

138.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

139.

"Street" means a public thoroughfare or right-of-way or approved private thoroughfare or right-of-way determined by the city engineer to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this chapter. The word "street" shall include all major and secondary highways, traffic collector streets, and local streets.

140.

"Street line" means the boundary line between a street and the abutting property.

141.

Street, Side. "Side street" means a street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.

142.

"Structure" means a mobilehome or anything constructed or erected, building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including swimming and wading pools and covered patios, excepting paved areas, walls, tennis courts, and similar outdoor areas, and further excepting fences or walls thirty-six inches or less in height.

"Structural alteration" means any change in or alteration to a structure involving a bearing wall column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

143a.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Target population" per this section means persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code. Supportive housing that is provided in singlefamily, duplex, manufactured housing, multi-family, mixed use units, or group dwellings shall be permitted, conditionally permitted or prohibited in the same manner as the other single family. Duplex, manufactured housing, multi-family, mixed-used units, or group dwellings under this chapter. See California Health and Safety Code (50675.14(b)).

144.

"Trailer coach" means any camp car, trailer or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares at the maximum allowable speed limit and in accordance with the provisions of the Vehicle Code, and designed or used for human habitation.

145.

"Trailer court" or "trailer park" means any premises on which there is located one or more occupied trailer coaches or where space for trailer coaches is rented, held for rent or on which free occupancy or camping is permitted to trailer coach users, but shall not include premises on which unoccupied trailer coaches are parked for inspection and sale or premises on which there is one occupied trailer coach occupied by the owner thereof and for which there is a valid unexpired and unrevoked permit issued by the city.

145a.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing that is provided in single-family, duplex, manufactured housing, multifamily, mixed-use units, or group dwellings shall be permitted, conditionally permitted or prohibited in the same manner as the other single-family, duplex. Manufactured housing, multi-family, mixed-use units, or group dwelling under this chapter. See California Health and Safety Code 50675.2(h) and 50801(i).

146.

"Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.

"Used" includes the terms "arranged," "designed" or "intended" to be used.

148.

"Variance" means a modification of the regulations of Chapters 17.28 through 17.44 granted by the city in accordance with the terms of this title.

149.

"Wholesaling" means the selling of any type of goods for purpose of resale.

150.

"Yard" means any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this chapter.

Yard, Front. "Front yard" means a space between the front yard setback and the front lot line or future street line, and extending the full width of the lot.

Yard, Rear. "Rear yard" means a space between the rear yard setback and the rear lot line, extending the full width of the lot.

Yard, Side. "Side yard" means a space extending from the front yard, or from the front yard lot line where no front yard is required by this chapter, to the rear yard, or rear lot line between a side lot line and the side yard setback line.

For "zone change," see "change of zone."

"Zoning code or ordinance" means the zoning regulations of the city of Calexico.

(Ord. 1006 § 1, 2003: Ord. 959 § 1, 1996; 1992 zoning ord. (part))

(Ord. No. 1148, § 2, 12-17-13; Ord. No. 1182, § 3, 6-20-2018; Ord. No. 1182, §§ 3, 4, 6-20-18)

Article X. - Site Area Requirements

17.01.1000 - Lot coverage and yards—Exceptions.

Additional Coverage. On corner lots, an additional ten percent coverage shall be permitted.

B.

Side Yard. On corner lots, a side yard of at least fifteen feet is required adjacent to the side street.

C.

Projections. Cornice or eave projections shall be a minimum of two feet six inches from the side lot line, except as provided elsewhere in this title, and shall not extend into the required side yard to exceed twenty-five percent of such side yard width. Drainage from roofs or projections shall be diverted from the adjoining owner's property.

D.

Accessory Buildings. A detached one-story accessory building may disregard the above yard requirements, provided the total floor area of the accessory building is not more than five hundred square feet in area and not more than thirty feet in total length. Such building as limited in this section may also disregard side yard requirements if placed entirely within the rear forty percent of the lot or back of the front seventy feet of the lot.

E.

Thoroughfare along Side or Rear Yard. Where an alley, walk or other public thoroughfare, other than a street of ten feet or greater width, abuts said side or rear yard, one-half the width of such alley, walk, or thoroughfare, up to a maximum of ten feet at the extreme rear of the lot, and the difference must be provided between buildings on the lot in addition to the legally required space between buildings.

F.

Access through Side Yard. Where side yards are designed to be used as the principal access to living quarters, they shall have a clear and unobstructed width of not less than ten feet.

G.

Detached Dwellings. Detached dwellings shall maintain a minimum distance of six feet between dwellings and three feet between the dwelling and detached auxiliary building.

H.

Alteration of Nonconforming Buildings. Residential buildings not conforming to these yard requirements may be altered or enlarged to a total amount not to exceed fifty percent of the assessed value as of the effective date of the ordinance codified in this title, provided the additions observe all existing zoning requirements.

I.

Reduction of Side and Rear Yard Requirements. The above side and rear yard requirements may be reduced by an amount equal to twenty percent of the required amount of any existing lot of less than two thousand square feet in area, provided the buildings or structures erected thereon are not more than one

story in height; and provided, also, the above allowable lot coverage may be increased ten percent of any existing lot of less than two thousand square feet in area, if the buildings or structures erected thereon are not more than one story in height.

(Ord. 606 § 2 (part), 1966: prior code § 8144.1)

Article XI. - Signs[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Section 5 of Ord. No. 1121, adopted Aug. 17, 2010, repealed §§ 17.01.1100 and 17.01.1110, which had comprised Art. XI, Signs, and enacted similar provisions to read as herein set out. Former Art. XI sections derived from prior code §§ 8181 and 8182; Ord. 606, adopted in 1966; and Ord. 648, adopted in 1970.

17.01.1100 - Title.

This chapter shall be known as the "Sign Ordinance."

(Ord. No. 1121, § 5, 8-17-10)

17.01.1101 - Regulatory scope. ¶

This chapter regulates signs, as defined herein that are located on private property (not including public rights-of-way), or on property owned by public entities other than the city of Calexico, and over which the city holds land use regulatory authority, when such property is located within the corporate limits of the city of Calexico. The policies for private party use of owned property and public rights-of-way for sign purposes are stated in a separate policy statement or resolution adopted by the city council from time to time.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1102 - Purpose. ¶

The purpose of this chapter is to establish a comprehensive system for the regulation of signs in the city of Calexico. Sign regulation is enacted to serve the interests of community aesthetics, vehicular and pedestrian safety, to protect and preserve property values, to improve the visual environment of the city so as to promote commerce, investment, tourism, and visitation, and the overall quality of life for persons living in, doing business in, or visiting the city. The provisions of this chapter are also intended to promote the public health, safety and general welfare of persons driving, parking, walking, residing, or conducting business within the city by reducing visual distractions to motorists, by making signs and advertising displays more attractive, aesthetically pleasing, and more effective. It is the further purpose of this chapter to ensure that every use of property within the city receives adequate identification. This chapter shall supplement the provisions for signs and advertising displays as defined in this zoning ordinance for each of the city's zones.

The regulations of this chapter are not intended to permit any violations of the provisions of any other lawful ordinance, or to prohibit the use of any sign required by any law superior to that of this ordinance.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1103 - Basic policies. ¶

The policies and provisions of this section shall apply to all signs regulated by this chapter.

A.

Message Neutrality. Consistent with both the federal and state constitutions, it is the city's policy to regulate signs in a manner that is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.

B.

Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of the city's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in Section 17.01.900, then the director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter. Architectural compatibility shall be analyzed without consideration of the message to be displayed on a sign, other than the distinction between on-site and off-site commercial messages.

C.

Discretionary Approvals. Whenever a sign or proposed sign is subject to any discretionary approval process, including, but not limited to, variance, conditional use permit, or special use permit, then no consideration will be given to sign copy or message to be displayed, other than a determination as to whether the message will constitute off-site commercial copy. This principle applies equally at all levels of approval, from the director to the city council.

D.

Message Substitution Policy. Subject to a property owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal, without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel or land use, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

E.

Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, and so forth, stand enforceable independently of any permit or approval process.

F.

Billboard Policy. It shall be the policy of the city of Calexico to regulate the placement of "billboards" by requiring consideration of such signs via the conditional use permit (CUP) process pursuant to applicable provisions of the Zoning Code. The following requirements shall be met:

1.

The location shall be zoned commercial or industrial;

2.

There must be a business activity within one thousand feet of the proposed sign;

3.

No sign shall be permitted within one-quarter mile radius of another legally permitted billboard;

4.

No sign shall be permitted within three hundred feet distance from another legally permitted on-site freestanding/freeway sign;

5.

Other considerations regarding compatibility of placement as required by the CUP process;

6.

No sign shall be permitted on parcels of land less than two acres in size;

7.

The city adopts this policy pursuant to California Government Code Section 65850, California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January 1, 2003).

G.

Multiple Use Zones. In any zone where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in a residential zone, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process.

H.

Property Owner's Consent. No sign may be displayed on real or personal property without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this subsection, "owner" means the holder of legal title to the property and all parties and persons holding a present right of possession, control, or use of the property.

I.

Projection Over Public Right-of-Way. No sign may project over the public right-of-way unless such projection is specifically authorized by this chapter or by a policy statement or resolution, adopted by the city council, authorizing such projection.

J.

Legal Nature of Signage Rights and Duties. As to all permanent signs attached to property, real or personal, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This subsection does not modify or affect the law of fixtures, or sign-related provisions in private leases regarding signs (so long as they are not in conflict with this chapter).

K.

Compliance with Safety Codes. In addition to the requirements of this chapter, all signs displayed in the city must comply with the provisions of Title 15, regulating building and construction in the city.

L.

Compliance with Other Laws. All signs displayed in the city must comply with the requirements of this chapter and the requirements of all other applicable laws.

M.

Permit Requirement. It is illegal to display any sign within the city without a sign permit as required in Section 17.01.1105, unless the particular sign is expressly exempted from the permit requirement by any provision of this chapter.

N.

Right to Permit. When a given sign is subject to the permit requirement of Subsection (M) of this section, or Section 17.01.1105, and the applicant satisfies all of the requirements of this chapter and all other applicable law, the permit shall be issued upon the terms and conditions stated in this chapter and such other applicable laws.

O.

Right to Sign. When a sign is not subject to a permit requirement, and fully conforms with all the provisions of this chapter and all other applicable laws, the sign may be displayed as a matter of right.

P.

Severance. If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid, unconstitutional or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision in this chapter that can be given effect without the invalid portion. In adopting this chapter the city council affirmatively declares that it would have approved and adopted the chapter even without any portion that may be held invalid or unenforceable.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1104 - Definitions.

For the purpose of this chapter, certain terms used herein are defined as follows:

A.

"Balloon" means an inflatable bag or other inflatable device of any size.

B.

"Billboard" means a permanent structure sign with a display face exceeding thirty-two square feet that is used to display off-site commercial messages.

C.

"Building frontage" means the lineal extent of a building or unit along either a street or a public parking area serving the business, not including loading or service areas.

D.

"Business identification sign" means any sign erected or maintained for the purpose of identifying a bona fide business being conducted upon the premises on which the sign is located.

E.

"Center identification sign" means a freestanding sign structure containing the name identifying an integrated business development and may also include identification signs on which the names and nature of business only within the development are uniformly displayed.

F.

"Commercial development" means one or more nonresidential or noninstitutional types of use engaged in commerce on a parcel or on adjacent parcels of land which are planned, developed, or managed as a unit.

G.

"CMC" means the city of Calexico Municipal Code as amended from time to time.

H.

"Commercial sign" means any sign excluding noncommercial signs.

I.

"Director" means the director of community development department.

J.

"Double-face sign" means a single sign with two parallel sign faces back-to-back.

K.

"Electronic message display" is a sign with either a fixed or changeable display which may be changed by electronic processes or remote control, which may include words and/or pictures and composed of a series of lights, light emitting diodes (LEDs) or liquid crystal displays (LCDs) or functionally similar signs.

L.

"Freestanding sign" means any permanent sign not attached to a building.

M.

"Freeway" means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access and which is declared to be such in compliance with the Streets and Highway Code of the state. "Highway" includes roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons.

N.

"Integrated development" means a development consisting of five or more interrelated business establishments, in separate units, using common driveways and on-site parking facilities.

O.

"Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the director and approved by appropriate authority of the federal government.

P.

"Monument sign" means a low profile sign, not exceeding six feet in height, supported by a solid pedestal extending under the entire length of the sign.

Q.

"Noncommercial sign" means any sign, including political signs, not advertising a business, services offered or rendered, goods produced, sold, or available for sale, whether on- or off-site.

R.

"Off-site sign" means any sign, including billboards, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all. All noncommercial signs are considered on-site signs; the definition and rules for off-site signs apply only to commercial speech on signs.

S.

"On-site sign" means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, that has been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more, and intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:

1.

To designate, identify, or indicate the name or business of the owner or occupant of the premises upon which the advertising display is located.

2.

To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display has been lawfully erected.

T.

"Permanent reader panel" means a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures.

U.

"Noncommercial campaigning sign" means a sign relating to a forthcoming public election or referendum indicating the name and/or picture of an individual seeking election to a public office, or a sign pertaining to issues, or a sign pertaining to the advocacy by persons, groups, or parties of political views or policies.

V.

"Portable sign" means any movable external sign that is not permanently secured or attached to an approved permanently established structure, support or anchor.

W.

"Projecting sign" means any sign which is affixed or attached to, and is supported solely by a building wall or structure, or parts thereof, and extends beyond building wall, or structure or parts thereof more than twelve inches and whose angle of incidence to said building wall, structure or parts thereof, is greater than thirty degrees.

X.

"Primary highway" means any highway, other than an interstate highway, designated as a part of the federal-aid primary system in existence on June 1, 1991, and any highway that is not in that system but which is in the National Highway System.

Y.

"Roofline" means the height above the eaves line on sloped roofs, and above the roof covering on flat roofs except parapet walls.

Z.

"Roof sign" is any sign erected, constructed and maintained wholly or partially above the roofline.

AA.

"Sign" means and includes every announcement, declaration, demonstration, display, illumination, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person.

BB.

"Sign area" means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writing, representations, emblem, or any fixture or similar character, integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back-to-back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

CC.

"Sign value" means the current cost of construction of the sign, as reasonably estimated by the director, assuming the sign meets the standards established by International Conference of Building Officials and as adopted periodically by the city council.

DD.

"Street frontage" means the lineal extent of a parcel of land along a street.

EE.

"Temporary sign" means any sign constructed of or painted on, cloth, canvas, light fabric, cardboard, wallboard, plastic, or other light material.

FF.

"Wall sign" includes all flat signs, either of solid face construction or individual letters, which are placed against the exterior wall of any building or structure and extending not more than one foot from the face of the building and having the advertisement on one face only.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1105 - Permit required. ¶

A sign permit shall be required to be obtained from the planning division for new signs and/or change of face or copy on existing signs. A building permit and electrical permit (a grading, fire and mechanical, plumbing permit requirement may also be triggered per the discretion of the director) shall be required from the building division prior to the placing, erecting, moving, reconstructing, altering, or displaying of any exterior signs unless exempted by Section 17.01.1108, and not including merely refurbishing (i.e., repainting, etc.) existing signs.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1106 - Procedure. ¶

A.

Application for Sign Permit and Approval shall be made upon forms provided by the community development department, planning and building and safety divisions and shall include the following information and materials:

1.

Three copies of plan showing:

a.

Site plan illustrating general location of and placement of the proposed sign in relation to driveways, property lines and buildings;

b.

Position of sign or other advertising structure in relation to adjacent buildings or structures. If a freestanding sign is proposed, illustrate the location in relation to lot layout;

c.

The design, color, materials used and size of all proposed signs. For freestanding signs, dimension and description of materials supporting sign. Structural details shall be required for all freestanding signs in excess of three feet with calculations and specifications signed by a registered professional engineer;

d.

A current photograph(s) showing existing signs on the premises and adjacent property, and certifying the date on which the photographs were taken;

e.

A statement showing the size and dimensions of all signs existing on the premises at the time of making such applications;

Applicant's statement as to whether the sign will display onsite or offsite commercial and/or noncommercial messages.

B.

Fees. Every applicant, before the granting of a sign permit, shall pay to the planning and building and safety divisions the permit fees as established by resolution for each sign or other advertising structure regulated by this chapter.

C.

Issuance of Permits. It shall be the duty of the planning and building and safety divisions, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or advertising structure; and if it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other adopted laws, guidelines and ordinances of the city, they shall then issue the sign permit except as otherwise provided in this chapter.

1.

The planning and building and safety divisions must make a determination about whether the application should be granted or denied within thirty days of the application being submitted to the departments. Failure to reach a decision within thirty days will result in the application being deemed approved.

2.

Within ten calendar days from the day the city denied an application to construct or modify a sign, the applicant may file an appeal, in writing, and attach all evidence or documents the applicant believes to be relevant to the appeal. The appeal and supporting documents must be filed with the office of the city manager. The appeal will be reviewed by the city manager or his or her designee, and shall be decided within 30 days after the city of Calexico has received the appeal. The city manager or designee may, in the exercise of his or her discretion, allow the applicant to present testimony orally in addition to the written appeal documents required by this section.

D.

Revocation of Permit. The director is authorized and empowered to revoke any permit upon failure of the holder thereof to comply with any provision of this chapter, with written statement for reasons of revocation.

E.

Failure to Obtain Permit. Failure to acquire a permit before commencing work shall trigger issuance of a citation pursuant to Chapter 1.27 of this Code and a double permit fee assessment. Nothing in this section restricts the city from seeking any other legal remedy for violations of this chapter.

The sign was lawfully erected, but has become illegal or abandoned, as those terms are defined in California Business and Professions Code Section 5499.1, as that section is amended from time to time, and were illegal or abandoned under the previous chapter and prior to the adoption of this chapter. All abandoned and illegal signs and advertising structures shall be abated pursuant to the notice and hearing procedures for removal of illegal or abandoned signs required by California Business and Professions Code Sections 5499.1 to 5499.16 as those sections are amended from time to time.

c.

The sign was legal when initially constructed or erected, but has been relocated, or any nonconformity has been expanded.

d.

The sign is the subject of an agreement between the sign owner and the city for its removal as of a given date.

The sign is temporary.

f.

The sign is located where building permit or sign permit is issued for a site located within a redevelopment project area created pursuant to California Community Redevelopment Law.

g.

The sign has been damaged to the extent that the cost of repair, other than copy replacement, will exceed fifty percent of the sign value, as defined in Section 17.01.1104. The sign value shall be reasonably determined by the director.

2.

Removal of nonconforming signs. After determining that a sign is nonconforming in accordance with the provisions of this section, the director shall issue a written notice of such nonconformance to the owner of the property upon which said sign is located and state:

a.

The requirements to bring the sign into compliance with this chapter.

b.

The date upon which said sign shall achieve conformance or be removed.

3.

Alterations. A sign permit shall be required for any alteration or relocation required to bring a sign(s) into compliance with the provisions of this chapter.

d.

The structure is the subject of an agreement between the owner and the city for its removal as of any given date.

4.

Removal without compensation; residential areas and agricultural areas. Except as limited by state law, the city may require the removal of a nonconforming off-premises advertising structure that was legally erected and maintained in existence on the effective date of this chapter but that has become nonconforming with the provisions of this section that meets all of the following requirements:

a.

The display is located within an area shown as residential on the city's general plan.

b.

The display is located in an area zoned for residential use either on the date on which the removal requirement is adopted or becomes applicable to the area.

c.

The display is not located within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.

d.

The display is allowed to remain in existence for a period of time as set forth in Section 5412.1 of the California Business and Professions Code or any subsequent amendments or adjustments thereof, which section is hereby incorporated by this reference.

e.

The display is located within an incorporated area shown as agricultural on the city's general plan as of either the date this chapter is first enacted.

f.

The display is located within an area zoned for agricultural use either on the date on which the removal requirement is adopted or becomes applicable to the area.

g.

The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.

h.

The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1,1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Business and Professions Code Section 5412, and after giving notice of the removal requirement.

5.

Removal with compensation. Nothing in this section shall prohibit the city from requiring the abatement and removal of a nonconforming off-premises advertising structure in commercial or industrial areas with proper notification and payment of compensation in accordance with the provisions of Section 5412 of California Business and Professions Code.

6.

Notwithstanding any provisions to the contrary in this chapter, no nonconforming advertising structure is required to be removed solely by the passage of time if such action is prohibited by state or federal law.

7.

Notification for removal of nonconforming off-premises advertising structures. After determining that an offpremises advertising structure is nonconforming in accordance with the provisions of this section, the director shall cause a written notice of such nonconformance to be sent to the owner of the property upon which said structure is located, and to the owner of said structure, that states the requirements to bring the sign into compliance with this chapter, and the date upon which said sign shall achieve conformance or be removed.

8.

A demolition permit shall be required for any removal required to bring a structure into compliance with the provisions of this chapter.

9.

Structures determined to be nonconforming pursuant to this chapter and determined to be a public nuisance due to unsafe structural conditions as determined by the building official are required to be abated immediately.

10.

Written notice for removal shall be mailed by certified mail to the property owner upon which said structure is located and to the owner of the structure. The notice shall state the date for removal.

11.

All nonconforming structures required to comply with the provisions of this chapter because of expiration of an applicable time period or payment of fair and just compensation shall be deemed a public nuisance, and may be removed by any city employee or private contractor at the direction of the city manager or his designee, upon the expiration of sixty days after written notice of such nonconformance and order of removal has been made. The actual cost for such removal may be charged to the property owner.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1110 - Noncommercial signs and messages. ¶

C.

Signs that incorporate in any manner any flashing, moving, or intermittent lighting.

D.

Rotating or animated signs, or signs that contain any moving parts.

E.

No signs, lights or other advertising structure shall be:

1.

Located within the right-of-way of any highway;

2.

Visible from any highway and simulating or imitating any directional, warning, danger or information sign permitted under the provisions of this chapter, or be likely to be mistaken for any permitted sign, or if intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down";

3.

Maintained in any other but a safe condition;

4.

Visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal;

5.

Illuminated so as to impair the vision of travelers on adjacent highways; Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Section 21466.5 of the California Vehicle Code;

6.

Visible from a state regulated highway and displaying any flashing, intermittent, or moving light or lights, or that appear to be moving.

F.

Signs that exceed the roofline or parapet to which such signs are attached (including decals on mechanical equipment).

G.

Yard sale and real estate signs in the public right-of-way.

H.

Off-site signs as defined in Section 17.01.1104 of this chapter.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1113 - Advertising on public property. ¶

A.

No person, except a public officer or city employee in the performance of his duty shall paste, post, paint or erect any flag, pennant, sign or notice of any kind or cause the same to be done upon public property, street, bridge, or sidewalk within the city and no person shall attach any item to private utility poles.

B.

Exceptions. Signs and banners for special public events to the benefit of the entire community and authorized by the director or designee.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1114 - Temporary noncommercial signs.

A.

General. Noncommercial signs are permitted (without the requirement of seeking a permit from city personnel) in any district subject to the following limitations:

1.

Time Limits. No sign shall be posted more than ninety days prior to the election or event or subject matter to which it pertains. All signs shall be removed within thirty days following the election, event, or subject matter to which they pertain.

B.

Exceptions. Temporary noncommercial campaigning signs shall be prohibited in locations listed below:

Public right-of-way. No sign shall be posted within the street right-of-way (including, but not limited to, median islands, tract entry planters, treewells and parkways), or on any traffic-control sign, private or public utility company poles;

2.

Public facilities. No sign shall be posted on any building or on any property owned by the city.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1115 - Temporary advertising for new residential developments.

This section provides the standards for the implementation of on-site subdivision signs. The purpose of these standards is to avoid adverse impacts to existing residential neighborhoods, to direct the public to new residential developments, and to help reduce the aesthetic impacts on the streetscape.

A.

On-Site Signs and Flags. New residential developments that offer ten or more units for sale, rent or lease may erect temporary on-site advertising signs subject to the following:

1.

Size.

a.

One sign per residential development may be located within the boundaries of the development. Such signs shall not exceed one hundred square feet in area and with a total height of twenty feet above grade;

b.

Additionally, up to ten flags (which direct the public to the location of the model home complex or outline the primary entrance to the development) may be allowed, such flags shall not exceed fifteen square feet in area and with a total height of twenty feet above grade;

c.

One sign per model home complex (if one is proposed) for the primary identification of the model home complex. Such sign shall not exceed thirty-two square feet in area with a total height of eight feet above grade.

2.

Approval required. Signs and flags are subject to approval of a temporary sign permit by the director or designee. The permit shall be valid for one year. Extensions may be granted by the director upon request of the applicant.

Bond required. Such signs and flags are subject to a five hundred dollar cash bond or deposit as determined by director in order to guarantee prompt removal upon expiration of the approval period, not to exceed thirty days.

4.

Removal of signs. The bond/deposit shall be forfeited if signs and/or flags are not removed within the expiration date.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1116 - Temporary advertising for developments other than new residential developments.

Temporary advertising for new developments other than residential projects shall be permitted subject to the following:

A.

One freestanding sign per development may be erected. Such signs shall not exceed thirty-two square feet in area, nor ten feet in height.

B.

One wall sign per building may be displayed. Such signs shall not exceed one square foot per lineal foot of building frontage, provided however, that no sign shall exceed fifty square feet.

C.

Signs shall not be displayed for more than one year.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1117 - Temporary advertising devices "temporary signs".

Temporary signs such as pennants, banners, spinners, flags, nonmetallic inflatable devices "balloons", and portable signs shall be permitted for promotional purposes only subject to the following regulations:

A.

All temporary signs shall require a permit and shall be subject to the review and approval of the planning division.

B.

Pennants, banners, spinners, flags, nonmetallic inflatable (small or large) devices "balloons", and portable signs including air operated signs shall be displayed only at the location where the promotion occurs.

C.

The maximum number of temporary signs permitted per occurrence period shall be two sign types.

D.

The display of temporary signs for promotional purposes shall be subject to the following additional regulations:

1.

Pennants and flags (defined as small strips of cloth or plastic fabric triangularly or rectangular shaped and a rectangular piece of fabric on poles used as advertising devices):

a.

Pennants and/or flags on strings and flags on poles shall be allowed for a maximum of thirty consecutive days per occurrence period, six times per calendar year. No more than two occurrence periods shall be combined at any one time. Each occurrence period shall be separated by at least fourteen consecutive days if not combined;

b.

Flags on poles shall be limited to ten flags per occurrence period. Each flag shall not exceed fifteen square feet in area;

c.

The height of pennants and/or flags on strings and flags on poles shall not exceed twenty feet above grade;

d.

Pennants and/or flags shall be kept in good condition at all times.

2.

Banners (defined as large strips of cloth or plastic fabric used as an advertising device):

a.

Banners shall be allowed a maximum of thirty consecutive days per occurrence period, four times per calendar year. Each occurrence period shall be separated by at least thirty consecutive days;

b.

Only one banner shall be permitted per building and/or tenant space;

c.

Banner sign area shall not exceed sixty square feet;

d.

Banners shall be attached to the building or canopy parallel to the building face. No portion of any banner shall project more than six inches from the face of the building or canopy to which it is attached;

Banner shall be kept in good condition at all times.

3.

Small inflatable nonmetallic devices "balloons":

a.

Balloons twelve inches or less in diameter may be allowed without a temporary sign permit;

b.

The height of the balloons shall not exceed forty-five feet above grade.

4.

Large inflatable nonmetallic devices "balloons":

a.

Balloons greater than twelve inches in diameter such as inflatable statuary or a hot air balloon may be may be allowed with a temporary permit a maximum of thirty consecutive days per occurrence period, four times per calendar year. Each occurrence period shall be separated by thirty consecutive days and must be included as part of a permitted promotional period;

b.

The height of the balloons shall not exceed the distance from the proposed location to the nearest property line;

c.

Balloon shall be allowed only on private property;

d.

Balloon shall be placed so as not to impede pedestrian and vehicular traffic;

e.

Balloon shall be properly secured to the ground or a structure to withstand extreme wind conditions;

f.

Balloon shall be kept in good condition at all times;

g.

Only one balloon shall be permitted per building or tenant space.

E.

Movable signs defined as sandwich boards, made of wood, plastic, or metal that may contain commercial information may be allowed with a sign permit reviewed and approved by the planning division on a yearly basis subject to the following additional regulations:

1.

Only one movable sign shall be permitted per tenant space;

2.

Sign shall not be allowed within the public right-of-way (i.e., public side walk, etc.);

3.

Sign area shall not exceed thirty inches wide and forty-two inches high and have no more than two faces;

4.

Sign must be placed so as not to impede pedestrian and vehicular traffic;

5.

Sign must be placed so as not to impede line-of-sight for vehicular traffic;

6.

Sign shall be allowed only on private property;

7.

Sign shall be displayed only during operating business hours. Sign shall be kept in good condition at all times.

F.

Temporary window signs may be allowed without a temporary sign permit subject to the following regulations:

1.

They shall be permitted only inside a window of the business to which such sign pertains;

2.

Sign area shall not exceed twenty-five percent of the window pane area;

3.

Total area occupied by said sign shall not screen the view of the inside of said tenant space;

4.

Signs shall be displayed in a neat and orderly manner and shall not contain any words, symbols or pictures that may be offensive to the general public;

5.

Holiday window decorations shall be permitted. The duration for the decoration of the window shall be limited to a period not exceeding six weeks prior to the holiday and two weeks following the holiday.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1118 - Identification signs in residential zones. ¶

The following regulations shall apply to all signs and outdoor advertising structures in residential zones, except as provided in Section 17.01.1108, Exemptions:

A.

All signs shall require a permit and shall be subject to the review and approval of the planning division.

B.

For other than single-family detached residential, developments on lots less than one hundred feet in width may be permitted one wall sign containing a maximum sign area of ten square feet.

C.

Large scale developments having more than six units and a lot width greater than one hundred feet may be permitted one sign per street frontage containing no more than one square foot per each ten feet of linear lot frontage and shall not exceed thirty-two square feet of sign area. Such signs may be freestanding or wall signs.

D.

All signs shall harmonize with the scale and design of the development and if lighted shall be indirectly lighted.

E.

Freestanding signs shall have an overall maximum height of six feet above grade. Such sign shall not extend out from the furthest projection of the main building more than five feet on any side of front yard.

F.

A wall sign shall be fastened parallel to the surface of the main building and may be placed at a height not greater than two-thirds of the height of the building surface upon which it is located.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1119 - Signs in commercial zones. ¶

The following regulations shall apply to all signs and outdoor advertising structures in the CO, CN, and CH zones:

A.

All signs shall require a permit and shall be subject to the review and approval of the planning division.

B.

No sign shall be permitted that does not pertain directly to an approved business conducted on the premises, except as provided in Section 17.01.1108, Exemptions.

C.

All signs, except those provided for in Section 17.01.1117, Temporary advertising devices, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials, styles and colors.

D.

Wall sign ratio 1:1. The total sign area permitted per building frontage shall not exceed one square foot per lineal foot of building frontage on which the sign is located subject to the following:

1.

Building frontage may not be combined to permit a larger sign on any one building frontage;

2.

Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure, may project more than six inches from the face of the building or structure to which it is attached.

E.

Sign program requirement. Businesses in an integrated development shall be required to submit for review and approval a uniform sign program approved by the director. The purpose of the sign program is to develop a cohesive and consistent design theme for all proposed sign types taking into consideration the layout of the proposed development and identifying unique advertizing needs for the end users. All signs within an integrated development shall comply with the established sign program regulations and are subject to Section 17.01.1105, Permit Required.

F.

Freestanding signs. In addition to the above, businesses in a separate or independent building and occupying at least one hundred feet of frontage on one street may be permitted one freestanding sign subject to the following:

Sign area per street frontage shall not exceed twenty square feet per one hundred lineal feet of the street frontage on which the sign is located; provided, however, that no one sign shall exceed sixty square feet in area;

2.

Maximum height of freestanding signs shall not exceed eight feet above the public sidewalk elevation;

3.

Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials, styles and colors. Simple pole signs are discouraged because these do not incorporate features associated to buildings;

4.

No portion of any sign or supporting structure shall be located closer than five feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or impede appropriate line-of-sight for vehicular traffic;

5.

No sign is permitted for frontages on local residential streets;

6.

All freestanding signs shall include the address of the business in numerals and/or letters at least six inches high. Addresses shall not be obscured by landscaping or other obstructions;

7.

All freestanding signs shall be located in a planter area not less than fifty square feet in area and with a minimum width of five feet.

G.

Center ID Signs. In addition to the above, one center identification sign per street frontage is permitted for integrated developments of five or more separate units subject to the following:

1.

The sign shall not exceed thirty square feet per one hundred lineal of street frontage on which the sign is located, provided, however, that the maximum sign area shall not exceed three hundred twenty square feet per sign;

2.

No sign shall exceed the height of the building with which it is associated or the structure height limits of the zone;

Signs shall reflect the architectural design of the building with which they are associated, and shall incorporate unifying features such as materials, styles and colors;

4.

5.

No sign is permitted for frontages on local residential streets;

6.

All freestanding signs shall include the address of the center in numerals and/or letters at least six inches high. Addresses shall not be obscured by landscaping or other obstructions;

7.

All freestanding signs shall be located in a planter area not less than one hundred square feet in area with a minimum width of five feet;

8.

All freestanding center identification signs shall be subject to the review and approval of the Director or designee subject to the provisions of Article VII, Development Review Procedure, Section 17.01.710, Purpose.

H.

Reserved.

I.

Small suspended or projecting signs may be permitted in addition to provisions of Subsections (D), (F), (G), and (H), subject to the following:

1.

A maximum of one such sign per building frontage is permitted provided that it is perpendicular to the main face of the building and suspended from a canopy or projects not more than three feet from the building face;

2.

Signs shall not exceed two square feet in area and shall have a minimum ground clearance of eight feet;

3.

All such signs shall be nonenergized and nonelectrical.

J.

Freeway identification signs. Signs oriented to freeway traffic shall be permitted subject to the following limitations:

1.

Signs Permitted Within Six Hundred Sixty Feet from the Edge of the Right-of-Way of an Interstate Or Primary Highway (Types). No signs or advertising displays shall be placed or maintained within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway, except as follows:

a.

Signs or advertising displays that are not freeway-oriented, and that conform in all other respects to the provisions of this chapter setting out types of signs permitted, may be permitted as freestanding signs (pole or monument) and wall or building face signs only;

b.

All freeway-oriented signs shall be approved in accordance with Section 17.01.1119(J)(2) of this chapter;

c.

Signs erected by local government to direct traffic to roadside or community business areas. Pole or freestanding signs may be utilized for this use; and

d.

Signs required by law, including legal notices or advertisements prescribed by law or posted by any lawful officer or agent, are allowed without permit, so long as they conform to the law requiring their posting or display.

e.

Properties containing such signs shall be adjacent to a freeway or a freeway ramp.

2.

Signs Permitted Within Six Hundred Sixty Feet from the Edge of the Right-of-Way of an Interstate or Primary Highway. All freeway-oriented signs within six hundred sixty feet of a freeway right-of-way shall be processed in accordance with this section. A sign application shall be submitted and the required fees paid. Some freeway-oriented signs may be approved by the director and others may be approved by the planning commission, as described in the following sections:

a.

The director may approve subject to the provisions of Article VII, Development Review Procedure, Section 17.01.710, Purpose, freeway-oriented freestanding and building face or wall signs as follows:

If the commercial development, as defined in Section 17.01.1104 of this chapter, is less than two acres in size, a freestanding sign may be permitted up to a maximum height of thirty-five feet;

ii.

If the commercial development is two acres or more in size, a freestanding sign may be permitted up to a maximum height of forty-five feet;

iii.

Regardless of the permitted height, total sign area shall not exceed thirty square feet per one hundred lineal feet of freeway frontage, provided, however, that the maximum sign area shall not exceed one hundred fifty square feet;

iv.

Said sign shall be located in a planter area not less than fifty square feet with one dimension being at least five feet;

v.

In no case may the total number of freestanding signs, or monument, freeway-oriented or not, exceed the total number of street and freeway frontages; and

vi.

Freeway-oriented building face or wall signs shall be limited to a maximum sign area of one and one-half square feet for each lineal foot of building face or wall directed toward the freeway of the building floor area occupied by the applicant.

b.

The planning commission may approve freeway-oriented freestanding signs as follows:

i.

If the commercial development is two acres or more in size, a freestanding sign greater than forty-five feet in height may be granted by conditional use permit if it can be shown that a greater height is necessary in order to gain adequate identification. Such showing shall include a comparison (line-of-sight analysis) of the elevation of the site and the elevation of the adjacent freeway including off-ramps and accessory freeway features;

ii.

Regardless of the permitted height, total sign area shall not exceed forty square feet per one hundred lineal feet of freeway frontage; provided, however, that the maximum sign area shall not exceed three hundred twenty square feet per sign;

iii.

In no case shall the total number of freestanding signs, or monument, freeway-oriented or not, exceed the total number of street and freeway frontages.

K.

Temporary window signs, including signs painted on windows shall be permitted subject to the regulations for temporary window signs set out in Section 17.01.1117(F)(1) through (5).

L.

Signs for gasoline dispensing establishments shall comply with the provisions of Section 17.01.1122.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1120 - Signs in the Calexico Downtown District (CS Zone).

All signs within the boundaries of the Calexico Downtown Design and Implementation Program - Study Area shall comply with regulations pursuant to Section 3.4, Signage Standards, of said program.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1121 - Signs in the industrial zones.

The following regulations shall apply to all signs and outdoor advertising structures in the "I" and "IR" Zones:

A.

All signs shall require a permit and shall be subject to the review and approval of the planning division.

B.

No sign shall be permitted that does not pertain directly to an approved business conducted on the premises.

C.

D.

Wall sign ratio 1:1. The total sign area permitted per building frontage shall not exceed one square foot per linear building frontage on which the sign is located subject to the following:

1.

Maximum size of any sign shall be one hundred square feet;

Building frontages may not be combined to permit a larger sign on any one building frontage;

3.

Signs shall be attached to the building or canopy, parallel to the building face. No portion of any sign or its supporting structure may project more than six inches from the face of the building or structure to which it is attached.

E.

Sign program requirement. Businesses in an integrated development as defined in this chapter, shall be required to submit for review and approval a uniform sign program approved by the director. The purpose of the sign program is to develop a cohesive and consistent design theme for all proposed sign types taking into consideration the layout of the proposed development and identifying unique advertizing needs for the end users. All signs within an integrated development shall comply with the established sign program regulations and subject to Section 17.01.1105, Permit required.

F.

Freestanding signs. In addition to the above, businesses in a separate building and occupying the entire building area on a parcel with a street frontage of at least one hundred feet on one street may be permitted a freestanding monument sign subject to the following:

1.

Sign area per street frontage shall not exceed twenty square feet per one hundred lineal feet of the street frontage on which the sign is located, provided, however, that no one sign shall exceed sixty square feet;

2.

Maximum height of the sign shall not exceed six feet in height;

3.

No portion of any sign or supporting structure shall be located closer than five feet to any property line, not be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic;

4.

No sign is permitted for frontages on local residential streets;

5.

All freestanding signs shall include the address of the business in numerals and/or letters at least six inches high. Addresses shall not be obstructed by landscaping or other obstructions;

6.

All freestanding signs shall be located in a planter area not less than fifty square feet in area and with a minimum width of five feet.

G.

In addition to the above, one center identification sign per street frontage is permitted for integrated developments of five or more separate units subject to the same regulations stipulated in Section 17.01.1119(G).

H.

Freeway identification signs. Shall comply with the provisions of Section 17.01.1119(J) of this chapter.

I.

Signs for gasoline dispensing establishments shall comply with the provisions of Section 17.01.1122.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1122 - Signs for gasoline dispensing establishments "gas stations".

The following regulations shall apply to all signs and advertising structures for service stations, including mini-markets or similar associated uses:

A.

One freestanding sign per street frontage may be permitted subject to the following:

1.

Sign area shall not exceed twenty square feet per one hundred lineal feet of street frontage, plus twentyfour square feet. Price signing shall be included within this sign area;

2.

Maximum height of the sign shall not exceed six feet above the adjacent public sidewalk;

3.

Signs shall reflect the architectural design of the building with which they are associated and shall incorporate unifying features such as materials;

4.

Street frontages may not be combined to permit a larger sign on any frontage;

5.

All freestanding signs shall include the address of the business in numerals and/or letters at least six inches high. Addresses shall not be obstructed by landscaping or other obstructions;

6.

All freestanding signs shall be located in a planter area not less than fifty square feet in area and with a minimum of five feet.

B.

The total sign area of all wall signs per building frontage shall not exceed one square foot per lineal foot of building frontage on which the sign is located.

C.

Signs above pump and pump islands shall be limited to directions for use of pumps and payments, or other signs required by state regulations, and sign area shall not exceed a total of ten square feet per pump island.

D.

Temporary window signs, including signs painted on windows shall be permitted subject to the regulations for temporary window signs set out in Section 17.01.1117(F)(1) through (5).

E.

Temporary advertising signs may be permitted subject to the provisions of Section 17.01.1116, Temporary advertising devices.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1123 - Signs in open space zones. ¶

Except as provided in Section 17.01.1108, Exceptions, all signs in open space and recreational areas shall be subject to review and approval of the planning commission, which shall consider the special circumstances of these zones, including special hazards and overlay zones which may be associated with them. Generally, the regulations set forth in Section 17.01.1119, Signs in commercial zones, shall be used as guidelines for signs in these districts.

(Ord. No. 1121, § 5, 8-17-10)

17.01.1124 - Illegal and abandoned signs.

A.

An illegal or abandoned sign shall mean any of the following:

1.

Any sign described in Section 17.01.1109(A)(1);

2.

A sign that is otherwise a danger to the public or is unsafe;

A sign that is a traffic hazard;

4. Any sign listed under Section 17.01.1112.

B.

Illegal and abandoned signs located within the city and existing as of the date of the adoption of this ordinance shall be inventoried and identified for potential abatement as provided by Section 5491.1 of the California Business and Professions Code. This inventory and identification must commence within one hundred twenty days from the date of adoption of the ordinance.

C.

Any applicable amortization schedule for the ordinance shall not expire until at least six months after the date on which the city confirms the continuing need for the ordinance to take effect.

D.

Upon the completion of the required identification and inventory, the city shall, at a public hearing, consider whether there is a need for the ordinance to take effect.

E.

The city may impose reasonable fees upon all owners or lessees of the illegal signs for the purpose of covering its actual cost of inventorying and identifying illegal and abandoned signs. The actual cost shall be fixed upon a determination of the total estimated reasonable costs. The amount of that cost and the fee to be charged is exclusively within the discretion of the city and shall be set forth by resolution.

F.

Illegal or abandoned signs located within the city are to be declared by the city council, by resolution, as public nuisances and to be abated in accordance with this Code.

G.

The notice shall be substantially in the following form:

NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY

Notice is hereby given that on the ___ day of _____, 20, the City Council of the City of Calexico adopted Resolution Number ___ declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further [p]articulars. A copy of this resolution is on file in the office of the City Clerk.

emoval of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further [p]articulars. A copy of this resolution is on file in the office of the City Clerk.

All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Calexico to be held (give date, time and place), when their objections will be heard and given due consideration.

Dated this ___ day of _____, 20.

Title

City of Calexico

(Ord. No. 1121, § 5, 8-17-10)

Article XII. - Certificate of Occupancy

17.01.1200 - Required.

To assure compliance with the parking requirements and other provisions of this title, a certificate of occupancy shall be obtained from the building department before:

Any new building is initially occupied or used;

B.

Any existing building is altered or a change of type of class of use is made; and

C.

A change of use of any unimproved premises is made.

(Ord. 606 § 2 (part), 1966: prior code § 8281)

17.01.1210 - Conformance of licenses and permits.

All departments, officials or public employees vested with the law or authority to issue permits or licenses where required by law shall conform to the provisions of this title. No such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void.

(Ord. 606 § 2 (part), 1966: prior code § 8282)

Chapter 17.03 - RESIDENTIAL ZONES[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1250, § 4, adopted Dec. 17, 2025, repealed the former Ch. 17.03, Art. II., §§ 17.03.210—17.03.270, and enacted a new Art. II as set out herein. The former Art. II pertained to regulations for accessory dwelling units and derived from Ord. No. 1181, §§ 2(Z101—Z106), adopted June 20, 2018.

Editor's note— Ord. No. 1250, § 4, adopted Dec. 17, 2025, repealed the former Ch. 17.03, Art. III., §§ 17.03.310—17.03.370, which pertained to junior accessory dwelling units and derived from Ord. No. 1181, §§ 2(Z201—Z206), adopted June 20, 2018.

Article I. - General Regulations for Residential Zones

17.03.100 - Purposes. ¶

In addition to the objectives outlined in Section 17.01.110, Purpose and scope, the residential zones are included in the zoning regulations to achieve the following purposes:

A.

To reserve appropriately located areas for family living at a broad range of dwelling unit densities consistent with the general plan and with sound standards of public health, safety and welfare.

B.

To ensure adequate light, air, privacy, and open space for each dwelling.

C.

To minimize traffic congestion and to avoid the overloading of public services and utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them.

D.

To protect residential properties from noise, illumination, unsightliness, odors, smoke and other objectionable influences.

E.

To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.

RR Residential Rural Zone. This zone is intended as an area for very low density residential uses with minimum lot sizes of one acre and maximum densities of one unit per net acre. It is intended to permit the continuation of agricultural and farm uses while allowing the development of single-family residential. Additional uses are permitted that are complimentary to, and can exist in harmony with, a rural residential neighborhood.

R-1 Residential Single-Family Zone. This zone is intended as an area for single-family residential development on minimum lot sizes of six thousand square feet and maximum densities of six units per net acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, a residential neighborhood.

RC Residential Condominium Zone. This zone is intended as an area for the development of residential condominiums with provisions for adequate light, air, open space and landscaped areas at a maximum

density of twenty units per net acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, a residential condominium development.

RA Residential Apartment Zone. This zone is intended as an area for the development of residential apartments with provisions for adequate light, air, open space and landscaped areas at a maximum density of thirty units per net acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, a residential apartment development.

R-2 Zone. This zone provides for the development of a mix of residential dwelling units, including singlefamily detached homes, mobilehomes, patio homes, duplexes and townhomes. The purpose of this zone is to bridge the gap between traditional single-family detached units on large parcels and attached owneroccupied units.

(1992 zoning ord. (part))

(Ord. No. 1108, § 3(Exh. A), 2-2-10)

17.03.110 - Permitted and conditional uses—R zones.

The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a conditional use permit where the symbol "C" appears in the column beneath each zone designation; the symbol "X" indicates prohibition:

designation; the symbol "X" indicates prohibition:
	RR	R-1	RC	RA	R-2
A. Residential Uses
1. Single-family dwellings	P	P	P	P	P
2. Two-family dwellings	X	C	P	P	P
3. Guest dwellings or accessory living quarters	P	C	P	P	P
4. Second single-family dwelling on the same lot as an existing single-family dwelling (See Section 17.03.130(A)(3))	C	C	C	C	C
5. Mobilehomes on individual lots, and permanent foundations which are certifed under the National Mobilehome Const. and Safety Standards Act of 1974 and which were constructed after Oct. 1976	P	P	X	X	X
6. Group residential, including, but not limited to, boarding or rooming homes, dormitories, retirement homes	X	C	C	C	C
7. Multiple dwellings:
a. Rental	X	X	P	P	C
b. Condo conversions	X	X	C	X	X
8. Second-kitchen dwelling unit	X	C	X	X	X
9. Second-kitchen granny fat	PC	PC	PC	PC	PC1
---	---	---	---	---	---
10. Emergency shelter, homeless shelters	X	X	P	X	X
11. Transitional housing, supporting housing	P	P	P	P	P
12. Employee housing	X	P	P	P	X
B. Agricultural Uses
1. All types of horticulture only for residential use	P	P	P	P	P
2. Animal grazing and raising commercial or noncommercial, only when said property is vacant and 1 acre or greater in size	P	C	C	C	X
3. 4-H or FFA animal raising and/or keeping in accordance with Section 17.11.120	P	X	X	X	X
4. The wholesaling of products raised on the premises, only when said property is two acres or greater in size	X	X	X	X	X
5. Keeping of large animals in accordance with Section 17.11.400	P	X	X	X	X
6. Keeping of small animals in accordance with Section 17.11.400 (land must be vacant in Zones R-1 through RA)	P	X	X	X	X
7. Keeping of poultry and adult rabbits for noncommercial purposes in accordance with Section 17.11.400	P	X	X	X	X
8. Riding academies and commercial stables	C	X	X	X	X
9. Kennels, commercial in accordance with Section 17.11.500	C	X	X	X	X
10. Kennels, noncommercial in accordance with Section 17.11.500	C	X	X	X	X
11. The keeping of wild, exotic or nondomestic animals	C	X	X	X	X
12. Large animal hospital	C	X	X	X	X
13. Keeping of beehives:
a. 1 to 3 beehives	P	X	X	X	X
b. 4 or more beehives	C	X	X	X	X
14. The raising of earthworms providing: a) the area devoted to the raising of earthworms shall not exceed 10% of the minimum lot size permitted in the zone; b)	P	X	X	X	X
the area devoted to the raising of earthworms shall be no closer than 50 feet from any adjoining residential dwelling; and c) the operation shall be fully enclosed or in an enclosed structure
---	---	---	---	---	---
C. Public and Semi-Public Uses (see Section 17.03.120(B)(6))
1. Day nurseries, day care	C	C	C	C	C
2. Convalescent homes (sites must be two net acres or greater in size)	X	C	C	C	C
3. Churches, convents, monasteries and other religious institutions	P	P	C	C	C
4. Educational institutions: public or private schools not including art, business or trade schools and colleges	C	C	C	C	C
5. Public facilities including, but not limited to, city headquarters, libraries, parks, public ofces, substations, reservoirs, pumping plants, and similar installations	P	P	P	P	P
6. Private recreational facilities including, but not limited to, country clubs, tennis and swim clubs, golf courses, racquetball and handball. Limited commercial uses which are commonly associated and directly related to the primary use are permitted	C	C	C	C	C
D. Home Occupations
1. Home occupations subject to the provisions of Section 17.11.200	P	P	P	P	P
E. Accessory Uses
1. Accessory structures and uses located on the same site as a permitted use	P	P	P	P	P
2. Accessory structures and uses located on the same site as a conditional use	C	C	C	C	C
F. Temporary Uses
1. Temporary uses as prescribed in Section 17.11.120	P	P	P	P	P

1 A second granny flat shall only be permitted in this zone when the lot is larger than 5,000 square feet and developed with a single-family detached home.

(Ord. No. 1108, § 3(Exh. A), 2-2-10; Ord. No. 1072, § 1, 3-4-08; Ord. 1006 § 2, 2003; Ord. 959 § 2, 1996; 1992 zoning ord. (part))

(Ord. No. 1148, § 3, 12-17-13)

17.03.120 - Property development standards—R zones. ¶

Except as otherwise provided, prior to the construction of any building or structure on any lot within the R zones, a development review is required pursuant to Section 17.01.700. The following property development standards shall apply to all land and buildings other than accessory buildings, permitted in their respective residential zones. Any legal lot may be used as a building site, except no building permit shall be issued for a lot size of less than four thousand square feet. Each building site shall have a minimum twenty-foot wide vehicular access to a street.

A.

General Requirements. The following requirements are minimum unless otherwise stated.

	RR	R-1	RC	RA	R-2
1. Density-maximum units per net acre	0.5—1.0	1.1—5.0	12—20*	20—30*	5.1—122
2. Net lot area (in square feet)	1 acre	6,000	6,000	6,000	6,0003
3. a. Lot width (in feet)	110	60 int.; 65 cor.	60 int.; 65 cor.	60 int.; 65 cor.	60 int.; 65 cor.
b. Cul-de-sac or odd-shaped lot width (in feet)	30	30	—	—	30
c. Flag lots	20	20	—	—	20
4. Lot depth (in feet)	150	100	100 int.	100 int.	100
5. Front yard setback	40	25	25	25	25
6. Side yard setback each side (in feet)	20	5	15	10	5
7. Side yard setback street side (in feet)	20	10	10	15	10
8. Rear setback	50	20	20	10	20
9. Lot coverage, maximum	35%	40%	50%	50%	50%
10. Building and structure height (in feet)	35 feet or 2 stories, whichever is less
11. Parking spaces per unit in a garage except as noted in Section 17.03.120(B)(9): in the RC, R-2 and RA zones carports may be approved by the city council to meet covered requirement	2	2	1.0 spaces (1 garage)/studios or bedroom unit	1.0 spaces (1 covered)/1 studios or 1 bedroom unit	1.0 spaces (1 garage)/studios or bedroom unit
			1.5 spaces (2 garages)/2 bedroom unit	1.5 spaces (1 covered)/2 bedroom unit	1.5 spaces (2 garages)/2 bedroom unit
			2.0 spaces (2 garages)/3 bedroom> unit	2.0 spaces (1 covered)/3 bedroom> unit	2.0 spaces (2 garages)/3 bedroom> unit
12. Distances between buildings, not exceeding 15 feet in height	—	—	10	10	10
13. Distance between buildings, where one or more exceed 15 feet in height	—	—	10	10	10

2 The maximum density permitted may be increased for affordable housing projects that qualify for a density bonus in accordance with state law.

3 Minimum lot sizes may vary in this zone for planned communities and affordable housing projects provided that the lot size shall only be reduced if appropriate amenities or affordability criteria are met.

In the RC, R-2 and RA zones, approval of projects at the maximum density shall only be given on the basis that the project exceeds the standards of the zone and the general plan. Any density beyond the maximum of 20 units/acre permitted by the zone will require planning commission and city council approval.

Special Requirements. In all residential zones the following special requirements are applicable:

1.

Street setbacks shall be measured from the ultimate street right-of-way or the maximum required street width if said street or proposed street is to be private.

2.

Each lot or parcel on a cul-de-sac, curved street or dead-end street shall meet the minimum lot width requirement at the required front setback of the zone except for RC, R-2 and RA zones (see example as follows):

==> picture [228 x 148] intentionally omitted <==

Flag lots shall meet the minimum lot width requirement at the termination of the flag except for the RC, R-2 and RA zones (see example as follows):

==> picture [228 x 173] intentionally omitted <==

4.

The flag portion of a flag lot shall not be counted toward the minimum lot area requirement.

5.

Lot coverage shall include all buildings, structures and accessory buildings and structures. Patio covers, open on three sides, pools, spas and freestanding open air gazebos and patios shall not count toward the lot coverage requirement.

6.

For public and semi-public buildings and uses a minimum of fifty feet landscaped setback shall be maintained from any single-family zone.

7.

In RC, R-2 and RA zones, any building exceeding fifteen feet in height shall maintain a minimum setback of fifty feet from any single-family zone; and buildings less than fifteen feet in height shall maintain a minimum setback of twenty-five feet from any single-family zone.

8.

New construction of R-1 dwelling units shall include two-car covered garage situated in accordance with zoning setback requirements.

9.

Conversion of existing garages into habitable space is permitted when in compliance with the following requirements:

a.

Suitable replacement covered off-street parking spaces shall be provided with direct street access;

b.

(Ord. 1006 § 3, 2003; Ord. 959 § 3, 1996; Ord. 955, 1995; 1992 zoning ord. (part))

(Ord. No. 1072, §§ 2, 3, 3-4-08; Ord. No. 1108, § 3(Exh. A), 2-2-10)

17.03.125 - R-1 zone—Improvement on more than forty percent of lots.

In blocks in the R-1 residence zone wherein forty percent or more of the lots facing such street have been improved, the setbacks on all remaining lots shall be not less than the average setbacks of the improved lots. A building to be placed upon a building site, located between two existing buildings not more than one hundred feet apart, shall observe not less than the average of the two existing buildings.

(Ord. 606 § 2 (part), 1966: prior code § 8152)

(Ord. No. 1108, § 3(Exh. A), 2-2-10)

17.03.126 - R-2 zone—Affordable housing lot size reduction.

Lots of no less than five thousand square feet may be considered for development of affordable housing projects provided the following criteria are met:

A.

The project is proposed to be developed by a recognized organization that promotes affordable housing;

B.

The project developer verifies that all home sales are to below moderate income purchasers;

C.

The project developer submits information justifying the need for reduced lot size in order to meet affordability criteria; and

D.

The project is consistent with the adopted general plan housing element targeted goals and policies for very-low, low and special needs families.

(Ord. No. 1108, § 3(Exh. A), 2-2-10)

17.03.130 - Performance standards—R zones. ¶

A.

In all R zones, the following performance standards shall be met:

1.

Air conditioners, antennas, heating, cooling, ventilating equipment and all other mechanical, lighting or electrical devices shall be so operated they do not disturb the peace, quiet and comfort of neighboring residents and shall be screened, shielded and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Heights of said equipment shall not exceed the required height of the zone in which they are located.

2.

Required front and street side yards shall be landscaped and shall consist predominantly of trees, plant materials, groundcover and decorative rocks, except for necessary walks, drives and fences. All required landscaping shall be permanently maintained in healthy and thriving condition, free from weeds, trash and debris.

3.

For second single-family units located on the same lot as an existing single-family dwelling the following standards must be met:

a.

A deed restriction shall be recorded which states the lot shall not be further divisible and shall list all requirements contained herein.

b.

The second unit shall be attached to the main residence by a sound structural means approved by the building department.

c.

The second unit shall not exceed one story in height unless it is contained within or an addition to a twostory structure.

d.

The second unit shall not encroach into the yard setback area and no variance shall be granted for encroachment into the setback.

e.

Second units shall be restricted to homes built prior to January 1, 1991.

4.

All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. Power lines and overhead cables shall be installed underground.

5.

The noise level emanating from any residential use or operation shall not exceed 60 dBA CNEL for the RR, R-2 and R-1 zones and 65 dBA CNEL for the RC and RA zones, as the acceptable outdoor noise exposure level when measured at the property line. The interior noise levels shall not exceed 45 dBA CNEL for all residential uses.

6.

For schools, libraries, churches, hospitals, nursing homes, parks and recreation areas, the outdoor acceptable exposure level shall not exceed 70 dBA CNEL when measured at the property line.

7.

Energy conservation buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. All new construction and remodeling shall be preplumbed for solar hot water heating. Buildings shall be designed to minimize energy consumption requirements, and may include, but not necessarily be limited to, the following conservation measures:

a.

Cogeneration;

b.

South facing windows;

c.

Eave coverage for windows;

d.

Double glazed windows;

e.

Earth berming against exterior walls;

f.

Green houses; and

Deciduous shade trees.

B.

In the RC, R-2 and RA zones, including the conversion of apartments to condominiums where permitted by Section 17.03.110(A)(7), the following performance standards shall be met:

1.

Masonry walls six feet in height, from the highest finished grade, shall be required on the rear and side property lines. No walls are required on street side yards unless needed for noise attenuation and/or privacy.

2.

Where a lot fronts on more than one street it shall be considered to have multiple frontages and be required to meet the front yard setback requirement on all street frontages.

3.

When a RC, R-2 and/or RA lot is adjacent to any single-family zone, a minimum of fifteen feet of landscaping shall be maintained on the RC, R-2 and/or RA lot between such uses.

4.

A minimum of two hundred square feet of private open area per ground floor unit shall be provided and a minimum of one hundred fifty square feet of private open space for units contained wholly on the second story shall be provided.

5.

A minimum of two hundred fifty cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; substitutions may be approved by the planning director.

6.

The following recreation facilities shall be provided at a minimum unless waived by the planning commission:

a.

Landscaped park-like quiet area;

b.

Children's play area;

c.

Family picnic area; and

d.

Swimming pool with cabana or patio cover.

7.

A minimum of two clothes washers and one clothes dryer per eight dwelling units located conveniently throughout the development.

8.

Individual trash areas, screened from view of a roadway, shall be provided for each dwelling unit in the RC zone; conveniently located trash enclosures, per city standards, shall be provided for dwelling units in the R-2 and RA zone.

9.

A minimum of thirty-five trees per gross acre shall be required as part of the landscaping requirements; twenty percent shall be twenty-four inch box size or larger, seventy percent shall be fifteen gallon size and ten percent shall be five gallon size. Drought tolerant species with low maintenance requirements shall be utilized, where possible.

10.

Recreation vehicle parking areas shall be provided, fully screened from view or the development shall prohibit all parking of recreation vehicles.

(1992 zoning ord. (part))

(Ord. No. 1108, § 3(Exh. A), 2-2-10)

17.03.140 - Accessory structures—R zones.

A.

Accessory Buildings and Structures. Accessory buildings and structures, attached or detached, used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure, except as provided in this section:

1.

Accessory buildings or structures that are attached to the main building shall be allowed to encroach into the required rear yard setback up to one-half of the distance.

2.

A detached accessory structure shall meet the setback requirements of the main building for the front and street side yard areas.

A detached accessory structure may be located within an interior side yard or rear yard; provided, that such structure is located no closer than five feet to an interior side or rear lot line and is at least ten feet from the main structure.

B.

Canopies, Patios and Breezeways. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard provided that portions of such structures extending into the yard:

1.

Shall not exceed fifteen feet in height or project closer than five feet to an interior side yard or rear lot line.

2.

Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting main building and an accessory building shall be open on two sides.

C.

Other structures, porches, steps, architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls or bay windows may project not more than four feet into any required front or rear yard area, nor into any required side yard area more than one-half of said required side yard.

D.

Carports. Carports attached or detached from the main building shall be allowed to encroach into the required front yard setback and shall maintain a setback of no less than five feet provided that the proposed carport is open on at least three sides and is used or intended to be used as vehicle storage for the occupants of the premises.

(1992 zoning ord. (part))

(Ord. No. 1108, § 3(Exh. A), 2-2-10; Ord. No. 2023-1233, § 2, 11-1-23)

17.03.150 - Walls and fences—R zones.

A.

In any required front yard or side yard adjacent to a street, a wall or fence shall not exceed six feet in height, except as provided in this section.

B.

A wall or fence not more than six feet in height may be maintained along the interior side or rear lot lines; provided, that such wall or fence does not extend into a required front yard or side yard adjacent to a street except as provided in this section.

C.

A wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed thirty-six inches in height within fifteen feet of the intersection of said driveway and the street right-of-way. Corner cut-offs may be required in special circumstances for safety and visibility (see example as follows):

==> picture [180 x 105] intentionally omitted <==

D.

A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access, or way.

E.

A wall or fence may be constructed a minimum distance of five feet from the ultimate right-of-way at a maximum height of five feet when there is no parkway planting area adjacent to the sidewalk. Where there is a parkway planting area adjacent to the curbing no setback is required to construct a fence five feet in height.

F.

Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material on street yard frontages.

(1992 zoning ord. (part))

(Ord. No. 1108, § 3(Exh. A), 2-2-10)

17.03.160 - Signs—R zones.

No sign or outdoor advertising structure shall be permitted in any R zone except as provided in Chapter 17.01, Article XI.

(1992 zoning ord. (part))

(Ord. No. 1108, § 3(Exh. A), 2-2-10)

Article II. - Regulations For Accessory Dwelling Units

17.03.200 - Accessory dwelling units.

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B.

Effect of Conforming Accessory Dwelling Unit. An ADU or JADU that conforms to the standards in this section will not be:

1.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

2.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

4.

e.

It includes an efficiency kitchen, as defined in subsection C.4. above.

6.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

9.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11.

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

12.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D.

Approvals. The following approvals apply to ADUs and JADUs created under this section:

1.

Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection D.3. below.

2.

Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the planning & building director (director) and approved by the city council by resolution.

3.

Process and Timing.

a.

Completeness.

(i)

Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

(ii)

Incomplete items. If the city's determination under subsection D.3.a.(i) above is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

(iii)

Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

(iv)

Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

(v)

Deemed complete. If the city does not make a timely determination as required by this subsection a., the application or resubmitted application is deemed complete for the purposes of subsection D.3.c. below.

(vi)

Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The city council will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

b.

No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

c.

a.

A Class 1 ADU approved under subsection E.1. may be created on a lot in a residential or mixed-use zone.

b.

A Class 2 ADU approved under subsection E.2. above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c.

In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

a.

Except as otherwise provided by subsections F.2.b. and F.2.c. below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height when encroaching into a required front, side or rear yard area of the underlying zone.

b.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

An attached or detached ADU created on a lot in the R-2, RC, and RA Zones with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 35 feet in height or two stories.

d.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection F.2.d. may not exceed two stories.

e.

For purposes of this subsection F.2., height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3.

Fire Sprinklers.

a.

Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

b.

The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4.

Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6.

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7.

Owner Occupancy.

a.

ADUs. ADUs are not subject to an owner-occupancy requirement.

JADUs.

(i)

Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

(ii)

Exceptions. The owner-occupancy requirement in this subsection F.7.b. does not apply in either of the following situations:

(I)

The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

(II)

The property is entirely owned by another governmental agency, land trust, or housing organization.

8.

Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the planning & building director (director). The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a.

(i)

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

(ii)

The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2.

Unpermitted ADUs and JADUs constructed before 2020.

a.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

(i)

The ADU or JADU violates applicable building standards, or

(ii)

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance.

b.

Exceptions:

(i)

Notwithstanding subsection I.2.a. above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.

(ii)

Subsection I.2.a. above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

(Ord. No. 1250, § 4, 12-17-25)

Chapter 17.05 - COMMERCIAL ZONES

17.05.110 - Purposes. ¶

In addition to the objectives outlined in Section 17.01.110, Purpose and scope, the commercial zones are included in the zoning ordinance to achieve the following purposes:

A.

To provide appropriately located areas for office uses, retail stores, service establishments, and wholesale businesses, offering commodities and services required by residents of the city and its surrounding market area.

B.

To encourage office and commercial uses to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other.

C.

To provide adequate space to meet the needs of modern commercial development, including off-street parking and loading areas.

D.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.

E.

To protect commercial properties from noise, odor, smoke, unsightliness, and other objectionable influences incidental to industrial uses.

F.

To promote high standards of site planning, architecture and landscape design for office and commercial developments within the city.

CO Commercial Office Zone. This zone is intended as an area primarily for the development of professional, administrative offices, in addition to restaurants, theaters, health clubs and ancillary retail uses with setback, landscaping and architectural requirements designed to make such uses relatively compatible with residential uses.

CN Commercial Neighborhood Zone. This zone is intended for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residents of the neighborhood. These shopping centers are intended to be compatible with residential environment as at locations indicated on the general plan.

CH Commercial Highway Zone. This zone is intended as an area for the location of highway oriented retail service and wholesale commercial activities.

CS Commercial Specialty Zone. This zone is intended to provide for those commercial uses including mixed-use development centralized in the old downtown area along the international border.

(1992 zoning ord. (part))

(Ord. No. 1185, § I, 9-20-2018)

17.05.120 - Permitted and conditional uses—C zones. ¶

The following uses shall be permitted uses where the symbol "P" appears and shall be permitted, "P*" appears shall be permitted but subject to review, approval, and conditions of approval by the planning and building services director, uses subject to a conditional use permit where the symbol "C" appears in the column beneath each zone designation; where the symbol "X" appears the use is prohibited.

following uses shall be permitted uses where the symbol "P" appears and shall be permitted, "P*" appears shall be permitted but subject to review, approval, and conditions of approval by the planning and building services director, uses subject to a conditional use permit where the symbol "C" appears in the column beneath each zone designation; where the symbol "X" appears the use is prohibited.

	CO	CN	CH	CS
A. Administrative and Professional Services
1. Including, but not limited to administrative ofces; fnancial institutions, accounting and auditing services; clerical and legal services; counseling services; public utility company ofces; medical, dental and related health services	P	P	P	P
2. Cannabis testing laboratories (See Chapter 17.10, Article X)	C	X	C	C
B. General Commercial Uses
1. Adult businesses (see Section 17.11.810— 17.11.830)	X	X	C	C
2. Antique shops	X	C	P	P
3. Apparel shops	X	P	P	P
4. Art, music and photographic studios and supply stores	X	P	P	P
5. Appliance stores and repair	X	C	P	P
6. Arcades and electronic games (see Section 17.11.610— 17.11.620)	X	C	C	C
7. Athletic and health club	C	P	P	P
8. Automobile and or truck services, including, but not limited to, sales, rental agencies, body repair, painting, and car washes	C	X	C	C
9. Bakeries—retail only	X	P	P	P
10. Barber and beauty shops	X	P	P	P
11. Bicycle shops, nonmotorized	X	P	P	P
12. Blueprint and photocopy services when operated in conjunction with a professional ofce of engineering, planning, surveying, architecture, drafting	P	X	P	P
13. Boat and camper sales and services	C	X	C	X
14. Book, gift, and stationery stores	X	P	P	P
15. Candy stores and confectioneries	X	P	P	P
16. Carpet and fooring stores	X	P	P	P
17. Catering establishments	P	X	P	P
18. Cleaners including dry cleaning with or without cleaning machinery on-site	X	C	P	P
19. Commercial recreation facilities not otherwise listed	X	C	C	C
20. Eating and drinking establishments
---	---	---	---	---
a. Bars (no entertainment)	C	C	C	P*
b. Night clubs, cabarets, restaurants, cofee shops, delicatessens:	C	C	C	P*
1. With alcoholic beverages and/or entertainment	C	C	C	P*
2. Without alcoholic beverage but including entertainment	C	C	C	P*
3. Without alcoholic beverage	P	P	P	P
c. Snack bars, take-out only, refreshment stands contained within a building	P	P	P	P
d. Fast food restaurants with drive-in or drive-through	C	C	C	P*
e. Fast food restaurants with drive-in or drive-through in conjunction with a shopping center development	C	C	C	P*
21. Equipment rental yards including, but not limited to, trucks, trailers, hitches service thereof	C	X	C	X
22. Feed and tack stores (outdoor storage shall be consistent with Section 17.05.140)	C	C	P	C
23. Florist Shop	P	P	P	P
24. Furniture stores, with or without repair and upholstery	X	C	P	P
25. Hardware stores	X	P	P	P*
26. Hobby shops	X	P	P	P
27. Hotels and motels with meeting rooms	P	X	P	P
28. Janitorial services and supplies	C	X	P	P
29. Jewelry stores	X	P	P	P
30. Junior department, department stores, discount department stores and membership stores	X	P	P	P
31. Food stores and supermarkets, drug stores with and/or without pharmacies, variety stores, sporting goods store, shoe store (sales and/or repair), toy stores	X	P	P	P
32. Kiosks, including, but not limited to photo sales located in parking lots	C	C	C	C
33. Charity drop of, recycling drop of located in the parking lot or other suitable area with property owners permission	C	C	C	C
34. Liquor stores	X	C	C	C
35. Manufacturing Facilities in conjunction with a Retail Front	X	X	P*	P*
35. Mortuaries	C	X	P	X
36. Motorcycle sales and services including motorized bicycles	C	X	C	X
37. Newspaper and magazine stores, including printing and publishing	C	P	P	P
---	---	---	---	---
38. Nurseries and garden supply stores; provided, all equipment and supplies shall be kept within an enclosed area	X	P	P	P
39. Parking facilities (commercial) where fees are charged	C	X	P	C
40. Pharmacies	P	P	P	P
41. Printing shops	C	X	P	P
42. Gasoline dispensing and/or automotive service stations	C	C	C	C
43. Second hand stores (thrift shops)	C	P	P	P
44. Sign painting shop within a completely enclosed building	X	X	P	X
45. Shopping centers	X	P	P	P
46. Stamp and coin shops	X	P	P	P
47. Sterilization Facilities	X	X	P*	P*
48. Storage Facilities: Indoor/Outdoor	X	X	P*	P*
49. Swimming pool supplies (outdoor storage shall comply with Section 17.05.140(J))	C	P	P	P
50. Television, radio sales and repair	C	P	P	P
51. Theatres (motion picture and playhouse)	C	C	P*	P*
52. Tire sales and service	X	X	C	X
53. Travel agencies	P	P	P	P
54. Animal hospitals or veterinary ofces:
a. Small animal	C	C	C	X
b. Large animal	X	X	X	X
55. Vehicle storage yard	X	X	C	X
56. Residential and apartment uses on frst and second foor of downtown commercial buildings, including new development	X	P*	X	P*
C. Public and Semi-Public Uses
1. Day nurseries, day care schools	C	C	C	C
2. Convalescent homes and hospitals	C	X	C	X
3. Clubs and lodges including YMCA, YWCA, and similar youth group uses	C	C	C	C
4. Educational institutions, public or private, including vocational schools	C	C	C	C
5. Post ofce branch	P	P	P	P
6. Churches, convents, monasteries, and other religious institutions	C	C	C	C
7. Group care facilities and residential retirement hotels	C	X	C	C
---	---	---	---	---
8. Public facilities including but not limited to city headquarters, libraries, public ofces, substations, reservoirs, pumping plants, and similar installations	P	P	P	P
D. Accessory Uses
1. Accessory structures and uses located on the same site as a permitted use	P	P	P	P
2. Accessory structures and uses located on the same site as a conditional use	C	C	C	C
E. Temporary Uses
1. Temporary uses as prescribed in Section 17.11.110	P	P	P	P
F. Similar Land Use Determinations
1. Planning and Building Services Director to determines uses not listed in table	X	P*	P*	P*

(Ord. No. 1220, § 1, 12-15-21; Ord. No. 1200, § 2, 5-15-19; Ord. No. 1185, § I, 6-20-2018; 1992 zoning ord. (part))

17.05.130 - Property development standards—C zones. ¶

Prior to the construction of any building or structure on any lot within the C zones, a development review is required, pursuant to Chapter 17.01, Article VII. The following property development standards shall apply to all land and buildings permitted in their respective commercial zones. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having lot size of less than three thousand square feet. Each building site shall have a minimum twenty-foot-wide vehicular access to a public street.

A.

General Requirements. The following requirements are minimums unless otherwise stated.

	CO	CN	CH	CS
1. Lot area, sq. ft. or acres	10,000	5 acres	10,000	N/A
2. Lot width, in feet	100	300	60	50
3. Lot depth, in feet	100	300	100	100
4. Front yard setback, in feet	20	20	12	12
5. Side yard setback each side, in feet	0/10	0/10	0/10	0/0
6. Side yard, setback street side, in feet	20	20	12	12
7. Rear yard, in feet	0	0	0	0
8. Lot coverage, maximum	60%	60%	80%	100%
9. Building height	35 feet maximum or two stories whichever is less
---	---	---
10. Of-street parking and loading	(See Chapter 17.13)

B. Special Requirements.

1.

In any C zone, a minimum setback of twenty feet shall be required wherever a lot in the C zone abuts a lot in any residential zone. Fifteen feet of said setback may be used for required open off-street parking areas.

2.

In any C zone, the average setback shall be no less than the minimum of the zone. The minimum setback shall be no less than ten feet.

3.

In the CS zone, new construction and reconstruction or rehabilitation of existing buildings and/or sites shall be in accordance with the following design criteria:

a.

Development Plan. A development plan shall be prepared for the entire site under consideration regardless of whether development is contemplated in the near future. The purpose of the development plan is to show conceptually, where buildings might be located and where and how parking, on-site and off-site circulation will function.

b.

Site Development Standards. The site development standards shall be consistent with the requirements of the CS zone as indicated in subsections A and B of this section. The standards shall be reminiscent and reflective of the early farming and southwest character of Calexico. The materials utilized on building facades should be of wood, brick, stone, slump stone or plaster slurry slump stone or other similar material. The site plan should try and use imaginative, creative and stimulating architectural design with special consideration given to the provision of the following items:

Low intensity lighting;

2.

Pedestrian comfort stations;

3.

Generous landscaping;

4.

Decorative paved walkways;

5.

Basic design theme;

6.

Separation of pedestrian and vehicular rights-of-way; and

7.

Architecturally integrated ground mounted equipment such as trash receptacles and transformers.

(Ord. No. 1072, § 4, 3-4-08)

(Ord. No. 1220, § 1, 12-15-21)

17.05.140 - Performance standards—C zones.

A.

In all "C" zones, required front and street side yards shall be landscaped. Said landscaping shall consist predominantly of drought tolerant low maintenance plant materials. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash, and debris.

B.

Where a commercial or office use abuts property in any residential zone, a masonry wall six feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. In addition, a five-foot landscaped screen or buffer shall be installed and maintained.

C.

Wherever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height shall be erected between the required landscape area and the parking area to adequately screen said parking areas from the residential properties.

The noise level emanating from any commercial use or operation shall not exceed five decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area measured at the property line.

E.

All ground mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the planning director and building official.

F.

All roof appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas and adjacent public streets.

G.

Reciprocal ingress and egress, circulation and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties.

H.

Lighting. All light sources shall be shielded in such manner that no light is visible from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. Freestanding lamp posts shall be no taller than eighteen feet. The intensity of light at the boundary of any C zone shall not exceed seventy-five foot lamberts from a source of reflected light. All exterior lighting shall be low pressure sodium.

I.

All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. Power lines and overhead cables shall be installed underground.

J.

Outdoor storage and/or sales areas shall be entirely enclosed by solid masonry walls or opaque fencing, not less than six feet in height to adequately screen the view of outdoor storage areas from view.

K.

Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. All new construction and remodeling shall be preplumbed for solar hot water heating. Buildings shall be designed to minimize energy consumption requirements, and may include but not necessarily be limited to, the following conservation measures:

Cogeneration;

2.

South facing windows;

3.

Eave coverage for windows;

4.

Double glazed windows;

5.

Earth berming against exterior walls;

6.

Green houses; and

7.

Deciduous shade trees.

L.

In all C zones the conversion of the project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the fire code, sign ordinance, and screening standards be waived. Specific city council waiver shall be required where the zone requirements except as noted herein, cannot be met.

M.

Limitations on Retail Stores In Excess Of 150,000 Square Feet.

1.

Findings:

a.

The city of Calexico, through its general plan, has identified protection of its commercial district and existing land use patterns as a primary goal.

b.

Large retail stores that sell non-taxable items compete with existing retail centers in a manner that may have potential adverse impacts on the existing business district of the city of Calexico;

Such large retail stores would also negatively impact existing smaller stores and their workforces making the existing shopping centers less viable; thus degrading the continued existence of existing retails stores and existing land use patterns.

d.

The burdens on the public of large new stores can only be ameliorated by ensuring that they provide sufficient sales tax revenue to the city.

2.

Application. No new store may be constructed in excess of one hundred fifty thousand square feet, nor an existing store expanded, if the resulting total square footage will exceed one hundred fifty thousand square feet unless it meets the standards for the sale of non-taxable merchandise set forth below.

3.

Limits on Non-taxable Sales. If the total square footage for sales is to exceed one hundred fifty thousand square feet, no more than seven and one half percent of total square footage may be devoted to nontaxable merchandise. For purposes of this calculation, only enclosed sales area will be considered. "Enclosed sales area" does not include restrooms, office space, break rooms, backrooms, storage space, open-air garden sales space, etc. Conversions of such space to enclosed retail sales space shall bring the project under the restrictions of the above-described limits. The total square footage and percentage for non-taxable sales shall include subleased and subcontracted departments.

4.

Enforcement.

a.

The applicant, owner and tenant shall be jointly and severally liable to the city and all other affected government agencies for all sale taxes lost as a result of a violation. In addition, they shall be liable for liquidated damages of one thousand dollars per day for each day a violation occurs, which reflects the city's estimate of this likely damages in addition to lost taxes.

b.

In addition to subparagraph a of this section, the city attorney may seek injunctive relief to stop the continued violation of this section.

c.

The city may recover its full costs, including attorneys fees, in any action to enforce the provisions of this section.

d.

Any taxpayer or resident of the city shall have standing to enforce the provisions of this section including recovery of all costs and reasonable attorney fees.

5.

Environmental Review. The city council finds that adoption of the ordinance codified in this subsection is not an activity resulting in any environmental effect and is exempt from further review under CEQA. The city council hereby directs the planning director to file a "Notice of exemption" with the county recorder.

(Ord. 993, 2001: 1992 zoning Ord. (part))

17.05.150 - Accessory structures—C zones. ¶

A.

In any C zone, accessory structures shall not be located in front of or on the side of the main building(s).

B.

In any C zone, accessory structures shall meet all of the setback requirements for main buildings.

C.

In any C zone, porches, steps, architectural features such as canopies or eaves, and chimneys, balconies, or stairways may project not more than four feet into any required yard area. (1992 zoning ord. (part))

17.05.160 - Walls and fences. ¶

A.

In any required front or street side yard area, a wall or fence shall not exceed thirty-six inches in height.

B.

In any required rear or interior side yard area, a wall or fence shall not exceed six feet in height. (1992 zoning ord. (part))

17.05.170 - Signs—C zones. ¶

No sign or outdoor advertising structure shall be permitted in any C zone except as provided in Chapter 17.01, Article XI. (1992 zoning ord. (part))

Chapter 17.07 - INDUSTRIAL ZONES

17.07.110 - Purposes. ¶

In addition to the objectives outlined in Section 17.01.110, Purpose and scope, the industrial zones are included to provide for a quality working environment and to achieve a harmonious mixture of uses which might otherwise be considered incompatible when located in close proximity. Activities are intended to promote employment opportunities in manufacturing, service, research and development, engineering and wholesale trade. In addition, the industrial zones are included to advance the following objectives:

1.

To reserve appropriately located areas for industrial use and protect these areas from intrusion by dwellings and other inharmonious uses.

2.

To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic, and other objectionable influences and to prevent fire, explosion, radiation, and other hazards incidental to certain industrial activities.

3.

To provide sufficient open space around industrial structures to protect them from hazard and to minimize the impact of industrial operations on nearby residential or commercial zones.

4.

To minimize traffic congestion and to avoid the overloading of utilities by restricting construction of buildings of excessive size in relation to the amount of land around them.

I General Industrial Zone. This zone is intended as an area for modern industrial manufacturing and heavy industrial uses while permitting research, and administrative facilities that can meet high performance and development standards. Retail commercial uses are limited to those that occupy up to twenty-five percent of the gross floor area in conjunction with a permitted or conditional use.

IL Light Industrial Zone. This zone is intended as a transition zone between the heavy industrial uses in general industrial zone (I) to residential and commercial zones. It is intended to provide for a mix of light non-polluting types industrial, office and commercial uses. As a transition zone it provided the flexibility of responding to economic demands for various types of compatible uses.

BP Business Park. This zone intends to accommodate various low-intensity, nonpolluting types of manufacturing operations, research and development, and small businesses. This zone promotes campusstyle industrial and business parks and is intended to provide "clean" industries that do not generate nuisance or unsafe levels of noise, vibration, air emissions, truck traffic, or liquid and solid waste.

(1992 zoning ord. (part))

(Ord. No. 1173, § 3, 10-12-16)

17.07.120 - Permitted and conditional uses—I zones. ¶

			I	IL	BP
A. Manufacturing
	1.	Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials such as canvas, cellophane, cloth, cork, felt, fber, fur, glass, leather, paper (no milling), precious or semi-precious stones or metals, plaster, plastics, shells, textiles, tobaccos, wood, and yarns; novelty items, (not including freworks or other explosive type items), electrical and related parts; electrical appliances, motors, and devices; radio, televisions, phonograph, and computers; electronic precision instruments; audio machinery; visual machinery; cosmetics, drugs, perfumes, toiletries, and soap (not including refning or rendering of fats or oils); furniture upholstering.	P	P	C
---	---	---	---	---	---
	2.	Bottling plants	P	P	X
	3.	Cement products manufacturing	C	C	X
	4.	Citrus products manufacturing, including frozen foods	P	P	X
	5.	Laboratories; chemical, dental, electrical, optical, mechanical, and medical	P	P	C
	6.	Packing houses	P	C	X
	7.	Recycling Centers	P	P	C
	8.	Rubber and metal stamp manufacturing	P	P	X
	9.	Cannabis testing laboratories (See Chapter 17.11,Article X.)	C	C	C
B. Storage and Wholesale Trades
	1.	Automobile feet storage	P	P	X
	2.	Building equipment storage, sales, rentals	P	P	X
	3.	Building materials and lumber storage yards and/or contractors yards	P	P	X
	4.	Livestock sales and feed yards	X	C	X
	5.	Mini storage, public storage, and storage warehouses. (No retail or wholesale selling is permitted, no outdoor storage and no habitation of any kind)	P	P	P
	6.	Moving and storage frms	P	P	X
---	---	---	---	---	---
	7.	Trailer, truck or bus terminal ofce	P	P	X
C. Services
	1.	Animal hospital or veterinary clinic and/or ofce	I	IL	BP
		a. without boarding	P	P	P
		b. boarding	P	P	C
	2.	Automobile, truck, mobile home, and/or tractor services including but not limited to sales, rental agencies, body repair, painting, and car washes	P	P	X
	3.	Athletic and Health Clubs	X	C
	4.	Bakeries	X	P	P
	5.	Blueprinting and photocopying	P	P	P
	6.	Business, professional, and research ofces	P	P	P
	7.	Cleaning and dying plant	P	C	X
	8.	Distributors, showrooms, and administrative ofces	P	P	P
	9.	Eating and drinking establishments
		a. Restaurants, cofee shops and delicatessens (with or without alcoholic beverages and no entertainment)	P	P	P
		b. Bars, night clubs and cabarets (with alcoholic beverages and/or entertainment)	C	C	C
		c. Breweries, microbreweries, and wineries; including production, wholesale distribution and/or retail activities.	P	C	C
		d. Snack bars, take-out only, refreshment stands contained within a building.	P	P	P
		e. Fast food restaurants with drive-in or drive- through.	X	X	X
	10.	Funeral and mortuary services	X	P	P
	11.	Kennels.	P	P	X
	12.	Maintenance and Repair Services
	13.	Newspaper publishing, printing, and distribution, general printing, and lithography.
	14.	Gasoline dispensing and/or automotive service station	P	C	C
---	---	---	---	---	---
	15.	Radio and Television Studios	X	P	P
	16.	Retail Commercial when parking meets requirements for commercial uses as defned in Chapter 17.13	X	P	X
	17.	Tire retreating and recapping	P	C	X
	18.	Swap meets (in accordance with Chapter 5.76)	P	P	X
D. Public and Semi-Public Uses
	1.	Day nurseries, day care schools and nursery schools	X	C	C
	2.	Post ofces and post terminals	P	P	P
	3.	Educational institutions public or private including vocational schools	C	C	C
	4.	Religious Institutions	C	C	C
	5.	Public Facilities, including but not limited to IID, Public Utilities, and other public ofces	X	P	P
	6.	Public utility service yards	P	P	X
E.	Agricultural Uses		P	P	X
	1.	Farms or ranches for orchards, tree crops, feld crops, truck or fower gardening, and growing of nursery plants, including the sale of products raised on the premises	X	X	X
	2.	Animal grazing and raising, commercial or noncommercial, only when said property is vacant and one acre or greater in size	X	X	X
F.	Accessory Uses
	1.	Accessory structures and uses located on the same site as a permitted or conditional use	P	P	P
	2.	Incidental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms	P	P	P
	3.	Watchman's or caretaker's living quarters only when incidental to and on the same site as a permitted or conditional use	P	P	X

G. Temporary Uses

G. Temporary Uses	G. Temporary Uses	G. Temporary Uses	G. Temporary Uses	G. Temporary Uses	G. Temporary Uses
	1.	Temporary uses as prescribed in Section 17.11.120	P	P	P

(1992 zoning ord. (part))

(Ord. No. 1173, § 3, 10-12-16; Ord. No. 1200, § 3, 5-15-19)

17.07.130 - Property development standards—I zones. ¶

Prior to the construction of any building or structure on any lot within the I zones, a development review is required pursuant to Chapter 17.01, Article VII. The following property development standards shall apply to all land and buildings other than accessory buildings authorized in this zone. Any legal lot may be used as a building site, except no building permit shall be issued for any lot having a lot size less than four thousand square feet. Each building site shall have a minimum twenty-foot-wide vehicular access to a street.

A.

General Requirements. The following requirements are minimums unless otherwise stated.

		I	IL	BP
1.	Lot area, net square feet	20,000	20,000	43,560 (1 Ac.)
2.	Lot width (in feet)	100	75	75
3.	Lot depth (in feet)	100	100	100
4.	Front yard setback (in feet)	15	15	15
5.	Side yard setback, each side (in feet)	0	0	0
6.	Street side yard setback (in feet)	10	10	15
7.	Rear yard setback (in feet)	0	0	0
8.	Lot coverage, maximum	60%	60%	50%
9.	Building height, maximum	50 feet or stories, whichever is less
10.	Distance between detached structures on the same lot, measured in linear feet between eaves	10	10	10
11.	Of-street parking and loading	(see Chapter	17.13)

B. Special Requirements.

1.

In the general industrial (I) zone, a minimum setback of twenty-five feet shall be required wherever a lot in the I zone abuts a lot in any residential zone. Said setback may be used for required open off-street parking areas. The setback may be increased by the approving authority in situations where additional distance would help to mitigate or alleviate potential problems or hazards.

2.

The average setback shall be no less than the minimum of the zone. The minimum setback shall be no less than ten feet.

3.

Landscaping Requirements. Required setbacks shall be landscaped. Landscaping shall consist predominantly of drought tolerant, low maintenance plant materials and shall be irrigated by automatic sprinklers. All landscaping shall be permanently maintained in a clean and healthy and thriving condition, free of weeds, trash and debris.

a.

Along all street frontages situated across from any residentially zoned property, a minimum three feet high landscaped earthen berm shall be constructed. Along all other lot lines adjacent to residential zones, a maximum six feet high masonry wall shall be constructed. Fences should blend in with the site's architecture. In addition, along lot lines adjacent to residentially zoned property, five gallon trees twenty feet on-center and shrubbery shall be installed and maintained along the inside of the wall to provide a dense landscape screen.

b.

All surface parking lots shall be designed and well maintained in accordance with Section 17.13.160(B).

4.

Streetscapes shall be enhanced to provide an ease in the transition from the street to the building. Patios, parking and circulation spaces can be included in setback areas to help buffer adjoining parcels from one another.

5.

Reciprocal ingress and egress, circulation and parking arrangements shall be promoted where possible and feasible to facilitate ease of vehicular movement between adjoining properties and to limit superfluous driveways.

(1992 zoning ord. (part))

(Ord. No. 1173, § 3, 10-12-16)

17.07.131 - Property development standards—IL zone.

A.

Site Planning. Site design in the PID zone shall include the following elements:

1.

Controlled and convenient access, vehicular circulation, employee and visitor parking and truck loading areas;

2.

Service areas located at the sides and rear of buildings;

3.

Screening of outdoor storage, work areas and equipment; and

4.

Landscaped areas a minimum of five feet wide separating buildings from paved parking and vehicle circulation areas.

5.

Varying building and parking setbacks to avoid long monotonous building facades and to create diversity.

6.

Where manufacturing uses are adjacent to non-industrial zones, appropriate buffering techniques such as setbacks proportional to building size and screening with walls and landscaping shall be provided to mitigate any negative effects of manufacturing operations.

B.

Architectural Design Guidelines.

1.

Employ a diversity of materials and structure forms, to create visual character and interest. Appropriate alteration of colors and materials shall be used to produce diversity and enhance architectural forms.

2.

Design elements that are undesirable in the street wall elevations and shall be generally avoided include:

Highly reflective surfaces;

b.

Large blank, unarticulated building facades and wall surfaces;

c.

Exposed, untreated precision block walls;

d.

Chain link, barbed wire or razor wire fencing visible from public rights-of-way;

3.

Quality building materials that will withstand weather extremes and accidental damage from machinery and vehicles shall be chosen, whenever feasible.

4.

No metal buildings shall be allowed unless the building is designed with architectural enhancements on facades visible from public rights-of-way.

5.

All roof top equipment must be screened from public view by screening materials of the same nature as the building's basic materials. The roof design should be considered as a component of the overall architectural design theme. Mechanical equipment generally shall be located below the highest vertical element of the building.

C.

Parking and Loading.

1.

Large expansive paved areas located between the street and the building are to be avoided in favor of smaller multiple lots separated by landscaping and buildings.

2.

The circulation system shall be designed to reduce conflicts between vehicular and pedestrian traffic, combine circulation and access areas where possible, provide adequate maneuvering and stacking areas and consideration for emergency vehicle access.

3.

Entrances and exits to and from parking and loading facilities shall be clearly marked with appropriate directional signage where multiple access points are provided. The use of sidewalks, pavement, gates, lighting and landscaping to and from entrances and exits shall also be used to clearly guide the public.

4.

Vehicles shall not be required to enter the street in order to move from one area to another on the same site.

5.

Parking lots adjacent to and visible from public streets shall be adequately screened from view through the use of rolling earth berms, low screen walls, changes in elevation, landscaping or combinations thereof whenever possible.

6.

The manufacturing site shall be a self-contained development capable of accommodating its own parking needs. The use of the public street for parking and staging of trucks is not allowed.

7.

Uses that rely on larger trucks for pickup and deliveries shall include separated truck parking facilities onsite to support the use.

8.

Loading facilities shall be screened from view from the public right-of-way.

D.

Landscaping. Landscaping shall be used to help define entrances to buildings and parking areas, separate buildings from adjacent paved parking and vehicle circulation areas, providing transition between neighboring properties (buffering) and providing screening for outdoor storage, loading and equipment areas.

1.

A landscape and irrigation plan showing the location of all landscaped areas with the proposed shrubs, trees, groundcover and irrigation equipment clearly labeled. The landscape plan shall be subject to review and approval by the planning director.

2.

A minimum of ten percent of the net lot area shall be landscaped and irrigated. Landscaping within the public right of way, when appropriate, shall not be included.

3.

A ten-foot-wide landscape strip shall be installed along all street frontages, except for driveway openings. This may include landscaping within the public right-of-way,

4.

Where provisions for a six-foot-high solid fence or wall are made along the side street property line, a minimum of five and one-half feet of the public right-of-way shall be permanently landscaped and maintained.

5.

All primary entrances to Light Industrial Developments shall receive special landscape treatment.

6.

Landscaping shall be in scale with adjacent buildings and be of appropriate size at maturity to accomplish its intended purpose.

7.

Use of vines on walls is appropriate in manufacturing areas because such walls often tend to be large and blank.

8.

Landscaped areas a minimum of five feet wide shall be provided between the building and the public rightof-way.

9.

Trees and other landscaping shall be distributed throughout the parking lot and between the public street and parking areas, not simply at the ends of parking aisles. Landscaping shall be protected from vehicular damage by raised planting surfaces, use of curbs or some other appropriate manner.

10.

Landscaping plant materials and features for individual lots shall be made an integral part of the overall landscaping park theme. The use of earth mounds is recommended, both to screen and to add to the natural theme of landscaping semipublic to private space. Walls should also be used to screen automobiles, loading and storage areas and utility structures and provide barriers to conflicting uses. Walls should be as low as possible while still performing their screening and security functions.

E.

Walls and fences.

1.

Where walls are used to screen storage and equipment areas, they shall be designed to blend with the site's architecture. Perimeter screening walls shall be architecturally treated from public view. Plant materials should be used in combination with such walls.

2.

When security fencing is required, it shall be a combination of solid pillars or short solid wall segments and open fence work if visible from the public right of way. No chain link fencing is allowed along the public right-of-way.

3.

Long lengths of fence or wall surfaces shall be offset a minimum of two feet every fifty feet if visible from the public right of way or articulated to the satisfaction of the planning director.

F.

Screening.

1.

Screening for outdoor storage shall be determined by the height of the material being screened.

2.

Where screening of outdoor storage or equipment yards is required, a combination of elements shall be used including buildings, solid masonry walls, landscaping and landscaped berms.

3.

Black powder or vinyl-coated chain link fencing with slatting is an acceptable screening material only for areas of a lot not visible from the public right-of-way.

4.

Any equipment, whether on the roof, side of building or ground, shall be screened from view of public and private streets. The method of screening shall be architecturally integrated in terms of materials, color, shape and size. The screening design shall blend with the building design. Where groupings of equipment are provided, a continuous screen is desirable.

5.

All roof-mounted mechanical equipment and/or duct work, which projects more than one and one-half feet above the roof or roof parapet and is visible from an adjoining street is to be screened by an enclosure which is architecturally consistent with the building.

6.

No mechanical equipment except for emergency equipment and air conditioning equipment is to be exposed on the wall surface of a building. Such mechanical equipment shall be screened by an enclosure which is consistent with the building architecture.

7.

All outdoor storage areas and service yards, loading docks and ramps, electrical cage enclosures and storage tanks are to be screened from view from adjacent streets, by an eight-foot high fence or wall.

8.

No outdoor storage of materials or equipment shall be permitted in required setbacks, off-street parking and loading, required access drives, maneuvering areas or public streets.

9.

Except for trucks or other vehicles necessary for the operation of the business, no materials or equipment shall be stored to a height greater than eight feet if visible from the public right-of-way.

10.

Except for properly screened outdoor storage of materials and finished products, all processes and activities related to a permitted or conditional use shall be conducted within a completely enclosed structure.

11.

All outside refuse collection areas shall be screened by a six-foot high decorative block concrete, or stucco wall with concrete floor and apron and a solid or chain link gate with wood slats. The location, size and number of trash bins and enclosures shall be subject to review and approval by the director of community development.

G.

Lighting.

1.

Lighting shall be used to provide illumination for the security and safety of on-site areas such as parking lots, walkways, entrances, exits and related areas.

2.

The design of light fixtures and their structural support shall be architecturally compatible with main buildings on-site. Lighting shall be integrated with the architectural design for the buildings.

3.

As a security device, lighting shall be adequate but not overly bright. All accesses to buildings shall be well lighted.

4.

All exterior fixtures shall be illuminated from dusk until dawn, unless otherwise approved for the site.

5.

When feasible, any exterior lighting device designed for security lighting shall be protected by weather and vandal-resistant covering.

6.

All lighting shall be shielded to confine light spread within the site boundaries and reduce glare impacts to adjacent properties.

7.

Lighting shall be maintained at all times to the standards approved for the site.

(Ord. No. 1173, § 3, 10-12-2016)

17.07.132 - Property development standards—BP zone.

Site Planning. Site design in the BP zone shall include the following elements:

A.

Controlled and convenient access, vehicular circulation, employee and visitor parking and truck loading areas;

B.

Service areas located at the sides and rear of buildings;

C.

Screening of outdoor storage, work areas and equipment; and

D.

Landscaped areas a minimum of five feet wide separating buildings from paved parking and vehicle circulation areas.

E.

Varying building and parking setbacks to avoid long monotonous building facades and to create diversity.

F.

G.

Architectural Design Guidelines.

1.

2.

Design elements that are undesirable and shall be generally avoided include:

a.

Highly reflective surfaces;

b.

Large blank, unarticulated building facades and wall surfaces;

c.

Exposed, untreated precision block walls;

d.

Chain link, barbed wire or razor wire fencing visible from public rights-of-way;

3.

Quality building materials that will withstand weather extremes and accidental damage from machinery and vehicles shall be chosen, whenever feasible.

4.

No metal buildings shall be allowed unless the building is designed with architectural enhancements on facades visible from public rights-of-way.

5.

H.

Parking and Loading.

1.

Large expansive paved areas located between the street and the building are to be avoided in favor of smaller multiple lots separated by landscaping and buildings.

2.

3.

4.

Vehicles shall not be required to enter the street in order to move from one area to another on the same site.

5.

6.

The manufacturing site shall be a self-contained development capable of accommodating its own parking needs. The use of the public street for parking and staging of trucks is not allowed.

7.

Uses that rely on larger trucks for pickup and deliveries shall include separated truck parking facilities onsite to support the use.

8.

Loading facilities shall be screened from public view. Loading facilities should be located at the rear of the site where special screening may not be required.

I.

1.

2.

A minimum of fifteen percent of the net lot area between the building and the public right-of-way and the building shall be landscaped and irrigated.

3.

A ten-foot-wide landscape strip shall be installed along all street frontages, except for driveway openings. This may include landscaping within the public right-of-way,

4.

5.

All primary entrances to business park developments shall receive special landscape treatment.

6.

Landscaping shall be in scale with adjacent buildings and be of appropriate size at maturity to accomplish its intended purpose.

7.

Use of vines on walls is appropriate in manufacturing areas because such walls often tend to be large and blank.

8.

Landscaped areas a minimum of five [feet] wide shall be provided around the perimeter of buildings, especially where offices and similar customer-oriented areas are located to soften the edge between the building and adjacent paved areas.

9.

10.

J.

Walls and fences.

Where walls are used to screen storage and equipment areas, they shall be designed to blend with the site's architecture. Plant materials should be used in combination with such walls.

2.

When security fencing is required, it shall be a combination of solid pillars or short solid wall segments and open fence work. No chain link fencing will be allowed along the public right-of-way.

3.

Long lengths of fence or wall surfaces shall be offset a minimum of two feet every fifty feet or articulated to the satisfaction of the planning director. and shall be consistent with the architecture of the buildings.

Screening.

1.

Screening for outdoor storage shall be determined by the height of the material being screened.

2.

Where screening of outdoor storage or equipment yards is required, a combination of elements shall be used including buildings, solid masonry walls, landscaping and landscaped berms.

3.

Black powder or vinyl-coated chain link fencing with slatting is an acceptable screening material only for areas of a lot not visible from the public right-of-way.

4.

5.

Roof-mounted mechanical equipment and/or duct work which projects one and one-half feet or more above the roof or roof parapet is to be painted in its entirety consistent with the color scheme of the building.

6.

8.

No outdoor storage of materials or equipment shall be permitted in required setbacks, off-street parking and loading, required access drives, maneuvering areas or public streets.

9.

Except for trucks or other vehicles necessary for the operation of the business, no materials or equipment shall be stored to a height greater than eight (8) feet if visible from the public right-of-way.

10.

11.

L.

Lighting.

1.

Lighting shall be used to provide illumination for the security and safety of on-site areas such as parking lots, walkways, entrances, exits and related areas.

2.

3.

As a security device, lighting shall be adequate but not overly bright. All accesses to buildings shall be well lighted.

4.

All exterior fixtures shall be illuminated from dusk until dawn, unless otherwise approved for the site.

5.

When feasible, any exterior lighting device designed for security lighting shall be protected by weather and vandal-resistant covering.

6.

All lighting shall be shielded to confine light spread within the site boundaries and reduce glare impacts to adjacent properties.

7.

Lighting shall be maintained at all times to the standards approved for the site.

(Ord. No. 1173, § 3, 10-12-16)

17.07.140 - Performance standards—I zones. ¶

A.

All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers, and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme.

B.

All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. Power lines and overhead cable shall be installed undergrounding. In the case of power lines and overhead cable owner by Imperial Irrigation district, the planning commission shall have the authority to waive undergrounding requirements when the costs for undergrounding are found to be excessive.

C.

Lighting. Outdoor lighting shall be permitted so as to provide safe pedestrian and vehicular access and to provide security lighting in compliance with the following standards:

1.

Lights shall be used for the purpose of illumination only, and not designed for or used as an advertising display.

2.

Light fixtures shall be so designed and adjusted as to reflect light away from the following: any road or street: adjoining premises on which a dwelling is located: or land zoned for other than business or industrial uses.

Light fixtures for any light source shall be shielded from above in such a manner that the edge of the shield is level with or below the bottom of the light source in order to minimize the direct emission of light above the horizontal. For the purposes of this section, the term light source shall include light-directing refractors and exclude incandescent lamps of two hundred watts or less and light produced directly by the combustion of natural gas or other fuels.

4.

No light or glare shall be transmitted or reflected in such concentrated quantities or intensities as to be detrimental or harmful to, or to interfere with, the use of surrounding properties or streets.

5.

Freestanding light posts located on projects which contain less than fifteen acres shall be no taller than thirty feet

D.

Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site.

E.

Fire and Explosion Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the Uniform Fire Code and the fire chief. All incineration is prohibited. Adequate emergency sprinklers and smoke detectors shall be installed in all new construction and upon expansion or change of an existing use.

F.

Noise. No use except a temporary construction operation shall be permitted which creates noise level which exceeds five decibels (as defined in the Occupational Safety and Health Act of 1970) above the ambient level of the area measured at the property line.

G.

Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond the boundaries of the site.

H.

Radioactivity. In all I zones, the use of radioactive materials shall be limited to measuring, gauging, calibration devices, and medical x-ray diagnostic equipment except for trucking companies which comply with the regulations of the federal government regarding such materials.

I.

Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible without instruments at the boundary of the lot on which the use is located.

J.

In any I zone the conversion of a project to condominium ownership shall meet all the requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the fire code, sign ordinance, and screening standards be waived. Specific city council waiver shall be required where the zone requirements except as noted herein, cannot be met.

K.

Air Pollution. There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emissions point, are as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines Information Circular 7718.

L.

Testing. Whenever there is a question of conformance with the performance standards of this section, the planning director shall require the property owner or operator to engage the services of a certified testing firm. Copies of all such tests shall be furnished to the planning director.

M.

Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. All buildings shall meet the requirements of Title 24 of the California Building Code and submit calculations to receive a building permit.

(1992 zoning ord. (part))

(Ord. No. 1173, § 3, 10-12-16)

17.07.150 - Accessory structures.

A.

In any I zone, accessory structures shall not be located in the front setback area.

B.

In any I zone, accessory structures shall meet all of the setback requirements for main buildings.

C.

In any I zone, porches, steps, architectural features such as canopies or eaves, and chimneys, balconies or stairways may project not more than four feet into any required yard area. (1992 zoning ord. (part))

(Ord. No. 1173, § 3, 10-12-16)

17.07.160 - Walls and fences. ¶

A.

In any required front or street side yard area, a visually open (e.g., chain link, chain link with solid pylon, etc.) wall or fence shall not exceed eight feet in height.

B.

In any required rear or interior side yard area, a wall or fence shall not exceed eight feet in height.

(1992 zoning ord. (part))

(Ord. No. 1173, § 3, 10-12-16)

17.07.170 - Signs.

No sign or outdoor advertising structure shall be permitted in any I zones except as provided in Chapter 17.01, Article XI.

(1992 zoning ord. (part))

(Ord. No. 1173, § 3, 10-12-16)

Chapter 17.09 - SPECIAL ZONES Article I. - MHP—Mobilehome Park Zone

17.09.110 - Purposes. ¶

The mobilehome park zone is intended for the exclusive development of mobilehome parks. All mobilehome parks shall be developed in accordance with the provisions of this chapter. (1992 zoning ord. (part))

17.09.120 - Permitted and conditional uses—MHP zone. ¶

subject to a conditional use permit where the symbol "C" appears in the column beneath each zone designation. Where the symbol "X" appears the use shall be prohibited.
A. Residential Uses	MHP
1. Single-family dwelling used for caretakers when located on the same site	P
2. Mobilehome condominiums with the fling of a tentative map	C
3. Conversions of existing mobilehome parks may be permitted if no low and moderate income people, seniors (age 62 and older) are displaced from the park and the mobilehome park is developed consistent with current standards as noted herein	C
4. Recreation vehicle park	C
5. Guest dwellings or accessory living quarters	X
6. Group residential	C
---	---
7. Multiple dwellings	X
B. Agricultural Uses	MHP
1. All types of horticulture	P
C. Home Occupations	MHP
1. Home occupations subject to the provisions of Section 17.11.200	P
D. Accessory Uses	MHP
1. Accessory structures and uses located on the same site as a permitted use	P
E. Temporary Uses	MHP
1. Temporary uses as prescribed in Section 17.11.110	P

(1992 zoning ord. (part))

17.09.130 - Property development standards—MHP zone. ¶

The following regulations shall apply to the site of a mobilehome park. Additional regulations may be specified as conditions of approval through development review by the planning commission.

A.

General Requirements. The following requirements are minimum unless otherwise stated.

_____
1.Maximum density	7 dwelling units per net acre
2. Site area	10 acres
3. Site frontage	250 feet, continuous frontage
4. Area per unit space	4,000 square feet
5. Depth per unit space	75 feet
6. Width per unit space	50 feet
7. Coverage per unit space	55 percent
8. Front yard setback per unit space	15 feet
9. Side yard setback per unit space	5 feet each side
10. Side yard setbacks, for site	15 feet each side
11. Public street side yard setback, for site	20 feet
12. Building and structure height	14 feet or 1 story, whichever is less
13. Recreation area per unit space	150 square feet of open, private unit recreation area for each mobilehome space. This requirement shall be increased to 200 square feet per mobilehome space if children under the age of 18 are permitted to live within the development
---	---
14. Parking per unit space	Two tandem 10′ × 20′ each plus one parking space per each four units for guest parking

B.

Special Requirements. The following special requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of development review.

1.

Mobilehome Space and Units. Each space shall have dimensions capable of accommodating a rectangle with minimum dimensions of twenty-eight feet by fifty-five feet. All mobilehomes shall be at least double wide coaches.

2.

Accessory Structures. Carports, patio covers, storage buildings, and similar structures accessory to a mobilehome may be located no closer than five feet to the boundary of a mobilehome space.

3.

Access and Access Drives. All mobilehome access shall be from a publicly maintained street, however, access drives within a mobilehome park shall be privately owned, and shall be at least twenty-eight feet wide exclusive of adjoining parking areas.

4.

Sidewalks. Concrete sidewalks at least four and one-half feet in width shall be provided to serve each mobilehome space and to serve all central or common facilities within the mobilehome park. Sidewalks need not adjoin access drives.

5.

Landscaping. Not less than twenty percent of each mobilehome space shall be landscaped with plant materials, including at least one fifteen gallon size tree on each space.

6.

Screening and Landscaping. Required yards shall be landscaped in accord with a site development plan to be approved in accordance with the procedures of development review. Screening of the mobilehomes shall be provided around the entire site by a six foot wall and landscaping.

7.

Mobilehome Park Accessory Buildings and Use. Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome park offices, and maintenance or storage buildings, shall be located at least fifty feet from the exterior boundaries of the mobilehome park site. All exterior maintenance or storage areas shall be enclosed by a six-foot masonry wall.

8.

Cable TV service shall be available to each mobilehome space.

9.

Common recreation facilities shall be provided commensurate with the proposed or intended residents including, a meeting room, pool and spa and one of the following:

Putting green;

b.

Pitch and putt golf course;

c.

Children's play area;

d.

Lawn/open space general recreation areas; and

e.

Recreation lakes.

10.

Recreation vehicle storage areas, fully screened from view of the public and private streets shall be provided. The CC&R's shall prohibit the storage of RVs on the unit space.

11.

All unit spaces plus the caretaker's unit and any recreation buildings shall be served with city water and sewer.

Skirting or screening of the unit wheels shall be required. (1992 zoning ord. (part))

17.09.140 - Pre-existing mobilehome parks. ¶

A pre-existing mobilehome park shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed by this section, provided that the regulations of this section shall apply to the enlargement or expansion of a pre-existing mobilehome park, and provided that a pre-existing mobilehome park on a site less than ten acres shall not be further reduced in area. (1992 zoning ord. (part))

17.09.150 - Signs. ¶

No sign or outdoor advertising structure shall be permitted in an MHP zone except as provided in Chapter 17.01, Article XI. (1992 zoning ord. (part))

Article II. - PD—Planned Development Overlay Zone

17.09.210 - Purpose. ¶

A.

Planned development regulations are intended to facilitate development of areas designated on the zoning map by permitting greater flexibility and, consequently, more creative and imaginative designs for the development of such areas than generally is possible under conventional zoning or subdivision regulations.

B.

These regulations are further intended to promote more economical and efficient use of the land while providing a harmonious variety of choices, a higher level of amenities, and, preservation of natural and scenic qualities of open spaces. (1992 zoning ord. (part))

17.09.220 - Permitted and conditional uses—PD zone. ¶

A.

Planned developments, subject to the issuance of a conditional use permit.

B.

Permitted and conditional uses in accordance with those indicated for the R zones, C zones and I zones. (1992 zoning ord. (part))

17.09.230 - Property development standards—PD zone.

A.

General Requirements. The following requirements are minimum unless otherwise stated.

Maximum of the zone in which the site is located

Density or coverage—Maximum per net acre

2. Site area, in acres	No minimum
3. Front yard setback in feet	10
4. Side yard setback each side in feet	5
5. Street side yard setback in feet	10
6. Rear yard setback in feet	10
7. Building height, maximum	35 feet or 2 stories, whichever is less within 50 feet of the exterior boundaries maximum height shall be no higher than 50 feet or 4 stories whichever is less
8. Site coverage, maximum	50% or maximum per zone, whichever is greater
9. Parking spaces per unit, covered in a garage	Minimum per the zone
10. Distance between buildings (in feet)	5

B.

Special Requirements. The following special development requirements shall apply to all planned developments:

1.

The planned development shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development.

2.

In residential developments, where individual lotting is desired, there shall be a three thousand net square foot minimum area requirement for individual lots or sites.

3.

For residential projects, required open space shall comprise at least thirty percent of the total area of the planned development. Land occupied by buildings, street, driveways or parking spaces may not be counted in satisfying this open space requirement; provided, however, that land occupied by any recreational buildings and structures may be counted as required open space.

4.

All lawn and landscaped areas reserved for common use shall be provided with a permanent automatic watering system adequate to irrigate such areas, unless it is left in its natural state, if natural features

worthy of preservation exist on the site. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard.

5.

If the project is to be developed in stages, the development plan shall coordinate improvement of the open space, the construction of buildings, structures, and improvements in such open space, and the construction of buildings in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development.

6.

All or any part of the required open space shall be reserved for use in common by the occupants of the planned development. Areas permanently reserved for common open space shall be reserved for the use and enjoyment of the occupants in a manner which makes the city, or a public district or public agency a party to and entitled to enforce the reservation. The planning commission may require that open space easements over the required open space be conveyed to the city.

7.

No building, except as hereinafter provided, shall be located closer than five feet to any interior vehicular or pedestrian way, court, plaza, open parking lot or any other surfaced area reserved for public use or for use in common by occupants of the planned development. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.

8.

All public streets within or abutting the proposed planned development shall be dedicated and improved to city specifications for the particular classification of street. When the developer desires to retain any street within the development as private streets, such streets shall be irrevocably offered for dedication and maintained for their intended purpose by the homeowners or property association or other means acceptable to the planning commission.

9.

Planned developments shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of canals, water courses, drainage areas, and similar features and areas, and, shall otherwise be so designed as to use and retain such features and amenities to the greatest extent possible.

10.

All utilities within a planned development shall be placed underground. (1992 zoning ord. (part))

17.09.240 - Accessory uses and structures—PD zone. ¶

Accessory uses and structures shall be located as specified on the development plans as approved by the planning commission; provided, however, that accessory structures shall meet all of the setbacks for site

development as specified in underlying zone in which it is located. (1992 zoning ord. (part))

17.09.250 - Signs—PD zones. ¶

No sign or outdoor advertising structure shall be permitted except as prescribed in Chapter 17.01, Article XI. (1992 zoning ord. (part))

Article III. - Specific Plan Overlay Zone

17.09.310 - Purposes. ¶

The specific plan overlay zone is included in the zoning ordinance to achieve the following purposes:

A.

To promote and protect the public health, safety, and welfare.

B.

To implement the objectives and policies of the general plan.

C.

To safeguard and enhance environmental amenities and the quality of development.

D.

To attain the physical, social, and economic advantage resulting from comprehensive and orderly planned use of land resources.

E.

To lessen congestion and assure convenience of access; to secure safety from fire, flood, and other dangers; to provide for adequate light, air, sunlight, and open space; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population; to facilitate the creation of a convenient, attractive, and harmonious community; to attain a desirable balance of residential and employment opportunities; and to expedite the provision of adequate and essential public services.

F.

To facilitate development within the city in accordance with the general plan by permitting greater flexibility, and encouraging more creative and imaginative designs for major development projects subject to largescale community planning.

G.

To promote more economical and efficient use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, a high level of urban amenities, and preservation of natural and scenic qualities of open space.

H.

To provide a process for initiation, review, and regulation of large-scale comprehensively planned communities that affords the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilities. (1992 zoning ord. (part))

17.09.320 - Use regulations—SP zone. ¶

A.

Allowable use in each specific plan zone shall be as established by a development plan text approved by the city council. The development plan text may incorporate uses by reference to specific base zone provisions, or may establish specific use lists with definitions pertaining thereto.

B.

Existing uses within the specific plan zone at the time of its establishment shall be deemed allowable and incorporated in the development plan, unless terminated, discontinued, or changed pursuant to a specific time schedule incorporated in the development plan text.

C.

Unless otherwise provided by the development plan text, public utility facilities and publicly-owned facilities shall be allowable subject to a conditional use permit.

D.

Unless otherwise provided by the development plan text, accessory uses or facilities shall be subject to the same use regulation provisions as the principal use or facility.

E.

Each allowable use in the specific plan zone shall be subject to a development review.

F.

Temporary use pursuant to Section 17.11.110 and home occupations pursuant to Chapter 17.11, Article II, shall be allowable in each specific plan. (1992 zoning ord. (part))

17.09.330 - Property development standards—SP zone. ¶

A.

General Requirements.

1.

Specific plan zone shall include a minimum area of fifty contiguous acres, under single ownership or otherwise subject to unified planning, construction, and development by a person, corporation, or other entity. Property owned by public utilities, local districts or local governments will not be counted toward the

fifty acre minimum, but may be used as a connector of single ownership. The city council may reduce the minimum acreage requirement in cases where the specific plan zone provides greater protection of the goals and objectives of the general plan.

2.

A specific plan zone shall be established upon application of a property owner, in accordance with procedures set forth in Chapter 17.01, Article III and subject to the following provisions:

a.

Submission of a development plan for consideration by the city council, pursuant to this title.

b.

Determination by the council upon recommendation of the planning commission that the establishment of the zone and approval of the development plan shall:

1.

Provide for the development of a comprehensively planned community within the zone that is superior to development otherwise allowable under alternate regulations.

2.

Provide for development within the zone in a manner consistent with the general plan and with related development and growth policies of the city.

3.

Provide for the construction, improvement, or extension of transportation facilities, public utilities, and public services required by development with the zone.

4.

There shall be no minimum yard requirement for individual lots except as established by a development plan, a conditional use permit, or development review.

5.

There shall be no minimum usable open space requirement for individual lots, except as established by development plan, a conditional use permit, or by development review.

6.

There shall be a maximum height of thirty-five feet or two stories within fifty feet of the exterior boundaries of the zone, the maximum height shall be fifty feet or four stories whichever is less and no coverage requirement for individual lots, except as established by a development plan, a conditional use permit, or by development review.

The maximum number of dwelling units within a specific plan zone shall not exceed the ability of the city to provide services in accordance with the general plan and applicable city ordinances; provided that the distribution of units within the zone and the maximum residential density on any individual site or within designated portions of the zone shall be governed by the development plan, conditional use permit, or development review.

In the event the general plan does not establish a maximum residential density for said site, the city council upon recommendation of the planning commission, shall determine the appropriate density based on detailed review of the development plan and text and the provisions of this section.

B. Special Requirements.

1.

The specific plan overlay zone and all uses therein shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity of the zone. Site planning on the perimeter shall provide for the mutual protection of the zone and surrounding property from potential adverse influences.

2.

All public streets within or abutting the development shall be dedicated and improved to city specifications for that particular classification of street. Private streets within the development shall be dedicated and improved to city specifications for that particular classification of street. Private streets within the development shall be irrevocably offered for dedication and maintained for their intended purpose by means acceptable to and enforceable by the city. Consideration of other forms of access, such as pedestrian ways, courts, plazas, driveways, horse trails, bike trails, or open parking lots offered for dedication may be made at the time of the development plan and text consideration as a means of meeting requirements for open space or park dedication requirements. (1992 zoning ord. (part))

17.09.340 - Performance standards—SP zone. ¶

A.

All development within a specific plan overlay zone shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourse, drainage areas, canals, and similar features, and shall otherwise be so designed inasmuch as possible, to use and retain or enhance the natural features and amenities to the best advantage.

B.

Mechanical and electrical equipment, including air conditioners, antennas, pumps, heating or cooling or ventilating equipment, exterior lighting, or similar equipment shall be located and operated in a manner so as not to unreasonably disturb the peace, quiet, and comfort of neighboring residents. Excluding roofmounted solar collector panels and decorative exterior lighting, all such equipment and devices shall be screened from view from an abutting street, and shall not be located in a street yard.

C.

All areas for storage of maintenance equipment, and all service areas including refuse storage and collection facilities, shall be enclosed by a fence, wall, and/or landscape screen.

D.

All uses within a specific plan overlay zone shall provide off-street parking and loading facilities pursuant to Chapter 17.13. The applicant may apply for and receive administrative relief from Chapter 17.13 at the time of development review consideration by the planning commission and approval of the city council, when verified proof has been submitted through specific examples of existing projects and/or expert testimony that supports reduced parking standards or stalls.

E.

The proposed means for assuring continuing existence, maintenance and operation of the various common elements and facilities.

F.

Additional site development regulations and performance standards applicable to individual uses or to designated portions of a specific plan zone may be established by the development plan, conditional use permit, or development review approval pursuant to the development plan. (1992 zoning ord. (part))

17.09.350 - Pre-application procedure. ¶

A.

Prior to submitting an application for a specific plan overlay zone, or implementation thereof, the applicant or prospective developer shall hold preliminary consultations with the director of planning and other city officials to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparation of plans, surveys, and other data. Such preliminary consultations should be relative to a conceptual development plan which includes, but is not limited to, the following:

1.

Proposed land uses to be developed within the zone.

2. Development concepts to be employed.

3.

Schematic maps, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features.

4.

A preliminary time schedule for development, including quantitative data, such as population, housing units, land use acreage, and other data sufficient to illustrate phasing of development and potential impact on public service requirements.

B.

Following initial preliminary consultations pursuant to this section, the director may require submission of a housing market analysis, satisfactory to the director of planning demonstrating the need for housing by price range and number of dwelling units. Such analysis may be requested as a part of the pre-application review procedure, may be made a requirement for submission of an application for a specific plan overlay zone or implementation thereof, or may be requested as part of the environmental assessment or EIR.

C.

Following initial preliminary consultations pursuant to this section, the director may require submission of a commercial and/or industrial market analysis satisfactory to the director of planning for any proposed shopping center or major commercial and/or industrial uses, showing the need for such uses in the location required and the inadequacy of existing zoned sites to meet this need. The market analysis shall include, but not be limited to, the following:

1.

Determination of potential trade area.

2.

Determination of potential employment area.

3.

Estimates of existing and future population of the trade area.

4.

Estimates of existing and future employment.

5.

Determination of existing and potential effective buying power for the proposed commercial development.

6.

Determination of the net potential customer buying power for the proposed commercial development.

Such analysis may be requested as part of the pre-application review procedure, and may be made a requirement of submission of an application for a specific plan overlay zone, or implementation thereof, or may be requested as part of the environmental assessment or EIR.

Following initial preliminary consultation pursuant to this section, the director may require presentation of the conceptual development plan to the planning commission and city council. Such presentation shall be for information purposes only, and shall be in addition to subsequent public review requirements pursuant to an application for a specific plan overlay zone, or implementation thereof, and submission of development plan. (1992 zoning ord. (part))

17.09.360 - Development plan. ¶

A.

The development to be submitted for the implementation of and/or with an application for a specific plan overlay zone shall include the following:

1.

A boundary survey map of the property and a calculation of the gross land area within the proposed zone. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property.

2.

A topographic map and general grading concept plan with specific sections for sensitive areas, as determined by the director of planning and public works for the property and adjacent land within one hundred feet of the property, shown at contour intervals not to exceed one foot for natural slopes of two percent or less. For natural slopes over two percent contour interval shall not exceed five feet.

3.

Maps and supporting tabulations showing the current general plan land use designation, the current zoning classification, and the current land use within the proposed zone and on adjacent sites within three hundred feet. The location of structures and other significant improvements shall be shown.

4.

A land use plan identifying areas within the proposed zone and uses to be developed therein, supported by proposed or projected acreage, population, housing units, employment, and such related planning and development data as the director of planning may require.

5.

A development plan indicating the general phasing or anticipated schedule. Said plan shall indicate the total phasing of the specific plan and areas to be developed in phases and the anticipated time schedule for beginning of construction and for completion of each phase of development. Said plan shall include a pro rata share of amenities, parks, and open space. This is a generalized schedule and may be adjusted according to market constraints as the specific plan develops.

6.

1.

A summary of the development status within the specific plan and an assessment of progress during the year toward completion of development authorized by the development plan including adherence to development schedules and phasing.

2.

A statement of any changes in land use and economic development trends, housing market indicators, commercial and industrial development rates, or programs for provision of public facilities and services

which, in the opinion of the director, vary significantly from those upon which the development plan were based, and which could adversely affect continued progress toward completion of development within the specific plan.

B.

A copy of the annual report of the director shall be provided to the applicant and to such other interested parties or successors as deemed appropriate by the director. (1992 zoning ord. (part))

Article IV. - Agricultural Zone

17.09.410 - Purposes. ¶

This zone is intended for general agriculture. Only those additional uses are permitted that are complimentary to, and can exist in harmony with agriculture. In addition to the objectives outlined in Section 17.01.110, Purpose and scope, the agricultural zone is included in the zoning regulations to achieve the following purposes:

A.

To preserve agricultural production until such time as development is appropriate;

B.

Maintain the natural character of the land;

C.

Provide for private use of land under limited development; and

D.

Promote public health and safety. (1992 zoning ord. (part))

17.09.420 - Permitted and conditional uses—A zone. ¶

The following uses shall be permitted uses where the symbol "P" appears and shall be permitted uses subject to a conditional use permit where the symbol "C" appears. Where the symbol "X" appears the use is prohibited.

A. Agricultural Uses

is prohibited.
A. Agricultural Uses
1. All types of agriculture, horticulture and grazing. The sale and processing of products raised on the premises shall be permitted	P
2. Raising of farm animals and poultry including, but not limited to, horses, sheep, goats, cattle, rabbits, etc. in accordance with Article III and IV of Chapter 17.09	P
3. Agriculture experimental facilities	C
B. Airports	C
C. Animal shelters and hospitals	C
---	---
D. Apiary	P
E. Cemeteries, crematories and columbariums and related facilities	C
F. Corporation yards	C
G. Farm worker housing	P
H. Major food control facilities, such as detention basins	C
I. Mobilehomes	C
J. Hospitals	C
K. Home occupations pursuant to Chapter 17.11,Article II	P
L. One single-family dwelling per legal lot consistent with city development standards herein	P
M. Public buildings and grounds	C
N. Public or private nonproft education institutions	C
O. Public or private parks, golf courses, golf driving ranges, zoos, swim clubs, tennis clubs and other recreational facilities	C
P. Public utility installations	C
Q. Riding and hiking trails (public and private)	P
R. Riding academies or stables	C
S. Wildlife preserves and sanctuaries	P
T. Other agricultural and recreational uses that the city council may determine similar in nature	C
U. Kennels—Commercial and noncommercial pursuant to Chapter 17.11,Article V	P
V.1. Keeping of 1—3 beehives	P
2. Keeping of 4 or more beehives	C

(1992 zoning ord. (part))

17.09.430 - Property development standards. ¶

The following regulations shall apply to the site of a permitted or conditional use. The requirements are minimum unless otherwise stated.

Special Requirements.

In the agricultural zone, the number of permitted large animals shall conform to the requirements of Articles III and IV of Chapter 17.11.

B. General Requirements.

General Requirements.
1.	Density—Maximum dwelling unit per legal lot	1
2.	Lot area, in square feet	20,000
3.	Lot width, in feet	60
4.	Lot depth, in feet	None required
5.	Front yard, setback in feet	30
6.	Rear yard, setback in feet	40
7.	Side yard setback in feet, each side	10
8.	Building height*	35 feet or 2 stories whichever is less.

Exceptions for agricultural buildings and/or structures which are necessary for the operation of an agricultural business are permitted up to a maximum height of seventy-five feet so long as the structure does not interfere with flight take offs and landings and is not used for human or animal habitation.

(1992 zoning ord. (part))

17.09.440 - Off-street parking. ¶

Off-street parking facilities shall be provided for each use as prescribed in Chapter 17.13, Off-Street Parking. (1992 zoning ord. (part))

17.09.450 - Accessory buildings and structures. ¶

Accessory buildings and structures used for livestock shall not be located closer than one hundred feet from the front property line and shall be at least fifty feet from any existing dwelling or public facility on a contiguous property. (1992 zoning ord. (part))

17.09.460 - Walls and fences. ¶

A.

A wall or fence not more than six feet in height may be maintained along the property lot lines.

Within the area designated for a dwelling, walls and fences shall not exceed a height of thirty-six inches within the required front yard setback.

C.

Within the area designated for a dwelling, a wall or fence adjacent to a driveway or street providing vehicular access to an abutting lot or street shall not exceed thirty-six inches in height within fifteen feet of the intersection of said driveway and the street right-of-way. Corner cut-offs may be required in special circumstances for safety and visibility (see example as follows):

==> picture [228 x 135] intentionally omitted <==

D.

Within the area designated for a dwelling, a wall or fence may be constructed a minimum distance of five feet from the ultimate right-of-way at a maximum height of six feet when there is no parkway planting area adjacent to the sidewalk. Where there is a parkway planting area adjacent to the curbing no setback is required to construct a fence six feet in height.

E.

A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access or way.

F.

Fiberglass sheeting, bamboo sheeting or other similar temporary material shall not be permitted as a fencing material on street yard frontages. (1992 zoning ord. (part))

17.09.470 - Signs. ¶

No sign, outdoor advertising structure, or display or any character shall be permitted except as prescribed in Chapter 17.01, Article XI. (1992 zoning ord. (part))

Article V. - OS—Open Space Zone

17.09.510 - Purpose. ¶

The purposes of the OS open space zone are based upon the general plan objectives and the following general purposes:

A.

To provide protection in areas of fire, geologic, seismic or flood hazards through restriction of intensive uses.

B.

To promote the retention of open space for recreational use and for the protection of natural resources.

C.

To promote the preservation of open spaces, protect natural features, offer views to residents, and maintain open areas where flood, fire, geologic and seismic conditions may endanger public health and safety. (1992 zoning ord. (part))

17.09.520 - Permitted and conditional uses—OS zone. ¶

The following uses shall be permitted uses where the symbol "P" appears; and shall be permitted uses subject to a conditional use permit where the symbol "C" appears in the column beneath each zone designation; and shall be prohibited uses where the symbol "X" appears.

subject to a conditional use permit where the symbol "C" appears in the column beneath each zone designation; and shall be prohibited uses where the symbol "X" appears.
Uses	OS
1. Single-family dwellings (not to exceed a density of 1 unit per 40 acres)	P
2. Caretaker quarters
a. Permanent	P
b. Temporary	C
3. Temporary uses and home occupations as prescribed in Chapter 17.11	P
4. Accessory structures such as detached garages, carports, cabanas, guest house, barns, storage sheds, corrals
a. Related to onsite single-family dwelling	P
b. Not related to onsite dwelling	P
5. All types of horticulture	P
a. Livestock grazing, breeding (no feed lots)	P
b. Onsite sales of products grown on site	P
6. Cemeteries (with a minimum lot size of 40 acres totally enclosed by at least a fve foot high fence wall and a fve foot landscaped setback from the ultimate right of way)	C
7. Wildlife preserves and sanctuaries	P
8. The keeping of wild, exotic or nondomestic animals other than on a preserve or sanctuary	X
9. Keeping of beehives	P

Public and private recreational facilities including but not limited to parks, picnic areas, C playground, hiking, biking, equestrian trails, golf courses, riding schools (equestrian), commercial stables, country club and related uses 11. Preservation and use of historic landmarks and related uses such as museums, art galleries and C food services to accommodate onsite uses 12. Flood control structures and facilities, public utilities, public corporation yards, substations, P water and sewer treatment facilities, and other public facilities

(1992 zoning ord. (part))

17.09.530 - Property development standards—OS zone. ¶

A.

General Requirements. Development standards such as site dimensions, height limitations and setbacks shall all be determined on a site-by-site basis. Consideration shall be given to surrounding properties and developments in order to blend and remain consistent with the area. Other factors for determination of standards shall be topography, water/drainage, significant ridgeline, oak tree preservation, significant ecological areas, circulation, use of site, and any environmental factors related to the site.

B.

Performance Standards. Development within the open space zone shall adhere to the following:

1.

Minimize alteration to the natural landform.

2.

Protect areas capable of replenishing ground water supplies.

3.

Protect the natural drainage of the area.

4.

Protect waterways from indiscriminate erosion and pollution.

5.

Protect lands having biological significance.

6.

Protect areas with significant native vegetation and habitat value.

Protect natural areas for ecologic, educational, and other scientific study purposes.

8.

The director of planning and/or the planning commission may, through the development review process, require additional improvements to a development in the open space zone if it is needed for the protection of the public health, safety, or general welfare. (1992 zoning ord. (part))

Chapter 17.11 - SPECIAL USES AND CONDITIONS Article I. - Temporary Uses

17.11.110 - Purpose. ¶

The provisions of this article shall apply to the uses and conditions hereinafter enumerated. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply.

Uses permitted subject to special temporary use permits are those temporary uses that are required for the proper functioning of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community.

(1992 zoning ord. (part))

(Ord. No. 1085, § 1, 4-7-09)

17.11.120 - Temporary use regulations. ¶

The provisions of this section shall be known as the temporary use regulations and shall provide regulations for the uses hereinafter enumerated. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply. Temporary uses are subject to approval by the development services director, except as noted in Section 17.11.110.

A.

Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five calendar days of operation in any calendar year. Requests exceeding these time limitations will require the submittal and approval of a conditional use permit. Approval of such events shall require planning commission action.

B.

Christmas tree sales lots and Halloween pumpkin sales subject to not more than forty calendar days of site occupation and operation in any calendar year.

C.

Subdivision sales offices and model home complexes located within the subdivision, subject to the following minimum requirements:

1.

Offices shall be no closer than one vacant lot to an existing dwelling unit not part of the subdivision, trailers may be used for no more than ninety calendar days or until such time as the subdivision sales offices have been completed whichever is less;

2.

An A.C. paved parking lot shall be provided with sufficient parking spaces to accommodate said use;

3.

Offices shall be allowed for a maximum of two years or until ninety percent of the homes within the

subdivision are sold whichever is less. Annual review for compliance with conditions of approval may be required;

4.

Faithful performance bonding in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities shall be required; and

5.

Other conditions that the director of planning deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood.

D.

Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than eight calendar days of display in any calendar year.

E.

Outdoor art and craft shows and exhibits, subject to not more than three calendar days of operation or exhibition in any sixty-calendar-day period.

F.

Contractors' offices and storage yards on the site of an active construction project.

G.

Mobilehome residences for security purposes on the site of an active construction project.

H.

Temporary outdoor display and sales of merchandise to the public in connection with an established business in the city and on the same property thereof or in a farmer's market/bazaar approved by the city

located within commercially zoned properties not to exceed more than five calendar days in any sixty calendar days, unless approved by the city council for additional days, and subject to appropriate conditions of the development services department.

I.

Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods of less than ninety days, if said products are raised on the premises.

J.

Temporary use of properly designed mobile trailer units for classrooms, offices, bands, etc. for periods not to exceed ninety days subject to planning department approval. Requests for such uses of more than ninety days in duration shall require the approval of a conditional use permit by the planning commission. Such units shall meet all necessary requirements of building, fire, and health codes.

K.

For any agricultural or animal husbandry activity or project (4-H, FFA, or similar) conducted for educational purposes or school credits, a permit may be granted in any district when the planning director determines that such use will not cause a public nuisance relative to sanitation and health conditions.

L.

Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, for dropoff of clothes and small items. Bins shall be located in the parking lots of businesses within the C-H or C-N zones or other public or semi-public property on a temporary basis when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner.

M.

Additional uses determined to be similar to the foregoing in the manner prescribed by Chapter 17.01 of the zoning code.

(1992 zoning ord. (part))

(Ord. No. 1085, § 2, 4-7-09)

17.11.130 - Permits and bonds. ¶

A.

All temporary uses shall be subject to the issuance of a temporary use permit by the planning director and other necessary permits and licenses, including, but not limited to, building permits, sign permits, and solicitors or vending licenses.

B.

In the issuance of such a permit, the planning director shall indicate the permitted hours of operation and any other conditions, such as walls or fences and lighting, which are deemed necessary to reduce possible

detrimental effects to surrounding developments and to protect the public health, safety, and welfare.

C.

Prior to the issuance of a permit for a temporary use, except those listed under C, F, G, K and L of Section 17.11.120, a cash deposit may be required to be deposited with the city. This cash deposit shall be used to defray the costs of clean-up of the property by the city in the event the permittee fails to do same.

(1992 zoning ord. (part))

17.11.140 - Extension or modification of limitations. ¶

Upon written application, the planning director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted if the planning director determines that such extension or modification is in accord with the purposes of the zoning regulation.

(1992 zoning ord. (part))

17.11.150 - Condition of site following temporary usage.

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of the zoning regulations.

(1992 zoning ord. (part))

17.11.160 - Fee.

The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application prescribed in this section. An applicant may apply for a permit fee waiver by submitting an application to the city manager as provided in Section 2.02.270.

(1992 zoning ord. (part))

(Ord. No. 1208, § 5, 2-5-20)

Article II. - Home Occupations

17.11.200 - Home occupations.

A.

Home occupations may be permitted only when in compliance with the conditions listed herein. A permit must be issued by the planning director prior to operation of such use. The fee shall be in accordance with those adopted by city council resolution.

1.

There shall be no stock in trade or exterior storage of materials in the conduct of a home occupation, unless the planning and building services director approves the request of stock in trade or exterior storage

of materials.

2.

A home occupation shall be conducted entirely within a dwelling, if in an attached or a detached garage shall not impede the use of said garage for vehicle storage. If a resident would like to conduct the home occupation within the attached or detached garage, the resident will have to obtain approval from the planning and building services director and comply with any conditions of approval imposed on the proposed home occupation.

3.

No exterior alterations of the dwellings shall be made which would change the residential character of the home to accommodate the home occupation. If the resident wishes to alter the home to accommodate ADA (American Disability Act) and CA Building Code requirements, the applicant will need to obtain approval for the proposed home occupation use and obtain all the proper local, state, and federal permits as well for said home occupation.

4.

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

5.

Only the residents of the dwelling unit may be engaged in the home occupation. If the resident would like to employee individuals that do not reside within the dwelling unit, they will need to obtain approval by the planning and building services director and will be subject to conditions of approval for said business operation.

6.

There shall be no sale of goods on the premises. If the resident would like to conduct onsite sales of goods on the premise, the resident must obtain the proper approval and permits from the planning and building services director. The sale of goods on the premise will be subject to hours of operation that will be formulated, imposed and approved by the planning and building services director.

7.

The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.

8.

Business signs to identify the home occupation must be reviewed and approved by the planning and building services director. No more than two signs will be permitted per home occupation. The design, color schemes, and location of home occupation signs are subject to review and approval by the planning and building services director. Resident will need to obtain all local, state, and federal permits related to any structure or use tied to the home business operation.

The required residential off-street parking shall be maintained.

10.

A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.

11.

No vehicles or trailers (including pick-up trucks and vans) or construction or other equipment, except those normally incidental to residential use, shall be kept on the site.

12.

Home occupation uses are subject to review and approval by the planning and building services director.

13.

If a proposed home occupation use is not specifically listed, an applicant may request an interpretation from the planning and building director or designee as to whether or not such use is a permitted use;

In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the planning and building director or designee shall examine the characteristics of the home occupation and use and shall make a determination as to what zone(s) the home occupation and use may be allowed as a primary permitted use or a conditional use permit based on the following criteria:

The requested use is substantially similar to the listed uses permitted in the district in which the request is being sought, as opposed to its similarity to the listed uses permitted in other districts based on the following criteria:

a.

The activities involved in or equipment or materials employed in the use;

b.

The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, impacts on public services and facilities, and aesthetic appearance;

c.

The use has a high degree of potential to be consistent, compatible, and homogenous with listed uses;

d.

The use is consistent with the stated purpose of the applicable district or districts;

e.

The use is compatible with the applicable goals and policies of the comprehensive plan.

f.

Unlisted developments and uses for which the planning and building director or designee has made an administrative interpretation as to appropriate zone and type similarity shall be considered to constitute an official interpretation and shall subsequently be applied and used for future administration in reviewing other proposals. The planning and building director or designee shall report such decisions to the planning commission when it appears desirable and necessary to amend this code.

(1992 zoning ord. (part))

(Ord. No. 1221, § 1, 12-15-21)

Article III. - Keeping of Large Animals

17.11.310 - Purpose. ¶

The following regulations are established for the keeping of large animals in residential zones pursuant to Section 17.03.110(B)(5).

A.

All lots shall have a minimum of ten thousand square feet for the keeping of large animals.

B.

The following acreages and numbers of animals are the maximum allowable.

Minimum Size	Maximum Permitted
20,000 sq. ft.	2
30,000 sq. ft.	3
1 acre	4
Greater than 1 acre	4 plus one additional animal per acre above one acre

C.

No such animal shall be kept closer than one hundred feet to an adjoining dwelling on an adjacent lot.

D.

Keeping of such animal shall not be permitted in the required front, side and street side yard setback.

All animals shall be provided with adequate fence enclosure and water to contain them within the boundaries of the owner's property.

F.

All excrement produced by said large animals shall be disposed on a regular basis so as to control flies and odor.

(1992 zoning ord. (part))

Article IV. - Keeping of Small Animals

17.11.410 - Purpose. ¶

The following regulations are established for the keeping of small animals such as rabbits, poultry, pigs, goats, miniature horses, and the like pursuant to Section 17.03.110(B)(6).

A.

The following minimum square footages and maximum number of small animals except for rabbits and poultry are allowable:

Square Footage	Permitted Number
10,001—15,000	6
15,001—20,000	12
20,001—25,000	15
25,001—30,000	18
30,001—35,000	21
35,001—1 acre	25
Greater than 1 acre	No limit

B.

The following minimum square footages and maximum number of rabbits are allowable:

Square Footage	Permitted Number
6,000—20,000	6
20,001—1 acre	12
Greater than 1 acre	25 plus twelve additional per acre up to a maximum of one hundred

C.

The following minimum square footages and maximum number of poultry are allowable:

Square Footage	Permitted Number
6,000—20,000	6
20,001—30,000	9
30,001—35,000	12
35,001—1 acre	15
Greater than 1 acre	25 plus twelve additional per acre up to a maximum of one hundred

D.

No small animal shall be kept closer than thirty-five feet to an adjoining dwelling.

E.

Keeping of small animals shall not be permitted in the required front, side, and street side yard setbacks. On lots thirty thousand square feet or greater, said animals may be kept within the required front yard setback area.

The director of planning may approve the keeping of said animals within the required front yard setback area on lots between twenty thousand square feet and thirty thousand square feet when the requestor obtains the written permission of the adjoining property owner.

F.

All small animals shall be provided with adequate enclosures, to contain them within the boundaries of the owner's property.

G.

All excrement produced by said small animals shall be dispersed on a regular basis so as to control flies and odor.

(1992 zoning ord. (part))

Article V. - Kennels—Commercial and Noncommercial

17.11.510 - Purpose. ¶

The following regulations are established for operation and maintenance of commercial and noncommercial kennels in the residential zones pursuant to Section 17.03.110(B)(9) and (10) and the industrial zones pursuant to Section 17.07.120(C)(8).

(1992 zoning ord. (part))

17.11.520 - Animal runs. ¶

Animal runs shall meet the following minimums:

A.

Minimum sizes:

3′-0″ × 5′-0″ for small size animals

3′-0″ × 9′-0″ for medium size animals

9′-0″ × 9′-0″ for large size animals

B.

Animal runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.

C.

All animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.

D.

All animals shall be provided with adequate enclosures to provide protection from inclement weather.

E.

All animal runs shall be provided with drains sufficient to control drainage and daily washing of the runs.

F.

All animal runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas, bacteria and other similar items.

(1992 zoning ord. (part))

17.11.530 - Dispersal of excrement. ¶

All kennels shall be served by sewer and/or all excrement produced by said kenneled animals shall be dispersed on a regular basis so as to control flies and odor, or stored in an enclosed container and dispersed on a regular basis.

(1992 zoning ord. (part))

17.11.540 - Noise attenuation. ¶

All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located.

(1992 zoning ord. (part))

17.11.550 - Runs or exercise area locations. ¶

No animal runs, exercise areas or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within the required front, street side or side yards of the zone in which the site is located.

(1992 zoning ord. (part))

Article VI. - Arcades

17.11.610 - Purpose. ¶

In order to minimize adverse effects that arcades and electronic games may have on the neighborhood or area in which it is located the following regulations are established.

(1992 zoning ord. (part))

17.11.620 - Conditions. ¶

Arcades may be permitted only in C-H and C-N zones subject to a conditional use permit and to the conditions listed in this section:

A.

No arcade shall be permitted within five hundred feet of the nearest point on a lot upon which is located religious and/or educational institution, a public park or recreation facility.

B.

Adult supervision (eighteen years or older) shall be provided on the premises during all hours of operation and shall be stationed so as to have direct visibility over all machines.

C.

There shall be no more than one arcade per shopping center and no arcades shall be closer than two hundred feet to another arcade.

D.

All arcades shall not open before 9:00 a.m. and shall close by 2:00 a.m.

E.

A minimum of one bicycle parking stall per video game machine shall be provided within twenty-five feet of the arcade in a safe, convenient location with bicycle racks to accommodate said bikes.

F.

A minimum of two toilets and one wash basin shall be provided for each gender.

G.

No electronic video or electrical coin operated game in a commercial business establishment shall be operated within the city by a person seventeen years old or younger during normal public school hours, or after curfew.

H.

All alcoholic beverage sale and/or consumption on-site is prohibited.

I.

All gambling on-site is prohibited.

J.

All conditions herein must be guaranteed to be met in addition to obtaining a license to operate. The operation of four or less machines shall be permitted in all C zones provided their operation is ancillary to the use of the building and said use does not materially alter the principal use of such a building. The operation of four or less machines where they are the principal use may be approved by the planning director where, in the director's judgement, the location does not constitute a traffic or safety hazard to the public or abrogate the intent of the zone or the regulations contained in this section.

(1992 zoning ord. (part))

Article VII. - Satellite Dish Antennas

17.11.710 - Purpose. ¶

In order to minimize the adverse visual and aesthetic effects that the erection of a satellite dish antenna may have on the neighborhood or area in which it is located, the following regulations are established.

(1992 zoning ord. (part))

17.11.720 - Conditions. ¶

Satellite dish antennas may be installed, erected and maintained within all zones of the city only in accordance with the following provisions:

A.

"Satellite dish antenna" or "dish antenna," as used in this section, means any system of wires, cables, amplifiers, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any building.

B.

The height of a dish antenna shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the point of mounting if roof-mounted.

C.

All dish antennas shall be treated as accessory structures and shall meet the height and setback requirements of the respective zone.

D.

E.

Adult mini-motion picture theater;

F.

Adult model studio;

Adult motel;

H.

Adult motion picture theater;

I.

Adult theater;

J.

Body painting studio;

K.

Massage parlor;

Sexual encounter establishment;

M.

Any other business which involves specified sexual activities or display of specified anatomical areas.

(1992 zoning ord. (part))

Article IX. - Outdoor Display of Merchandise

17.11.910 - Purpose. ¶

In order to minimize adverse effects that outdoor display of merchandise may have on the neighborhood or area in which it is located, the following prohibitions and exceptions are established.

(Ord. No. 1085, § 3, 4-7-09)

17.11.920 - Outdoor storage and outdoor display of merchandise prohibited.

The outdoor storage and outdoor display of merchandise for sale is prohibited in all zoning districts in the city except for:

A.

Approved vehicle and trailer sales or rental;

B.

Heavy equipment and heavy machinery sales and rental;

C.

Newspaper stands or vending machines;

D.

Displays specifically permitted by state law or other sections of this chapter;

E.

Flowers, nursery plants and cut flowers when displayed in a manner and location approved by the development services department or at a certified farmers' market or legal swap meet;

F.

Lumber and building material yards with a conditional use permit;

G.

Tire sales facilities may display one tire rack within ten feet of the building, provided the rack is stored inside the building when the business is closed;

H.

Temporary outdoor display permitted under Section 17.11.120 of this code, including:

1.

Christmas trees and Halloween pumpkins;

2.

Outdoor art and craft show sales;

3.

Seasonal retail sale of agricultural products if said products are raised on the premises;

4.

Garage sales;

5.

Temporary display and sale in connection with an established business;

6.

Nothing in this chapter shall be construed to:

A.

Allow persons to engage in conduct that endangers others or causes a public nuisance; or

Allow any activity relating to the cultivation, manufacturing, testing, distribution, transportation, or use of cannabis that is otherwise illegal under California state law; or

Interfere with the use and possession of cannabis as authorized under MAUCRSA.

(Ord. No. 1191, § 2, 12-19-2018)

17.11.1020 - Definitions.

For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not explicitly defined in this chapter, the common and ordinary meaning of the word shall apply.

"Applicant" means an owner applying for a conditional use permit, desiring to enter into a development agreement, or applying for any other applicable entitlement under this chapter.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. For purposes of this chapter, "cannabis" does not include industrial hemp.

"Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

"Cannabis overlay zone" means the approximately 354.02 acres within the area bounded by railroad tracks on the west; the Adler Canal on the north; West Van de Graff Avenue and Scaroni Avenue on the east; and Weakley Street and Camacho Road on the south. The "cannabis overlay zone" also means 120 W. Cole Boulevard, Calexico, CA 92231 Accessors Parcel Number: 058-020-019-000. The cannabis overlay zone includes industrial (IND), industrial rail served (IR) and commercial.

ea bounded by railroad tracks on the west; the Adler Canal on the north; West Van de Graff Avenue and Scaroni Avenue on the east; and Weakley Street and Camacho Road on the south. The "cannabis overlay zone" also means 120 W. Cole Boulevard, Calexico, CA 92231 Accessors Parcel Number: 058-020-019-000. The cannabis overlay zone includes industrial (IND), industrial rail served (IR) and commercial.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. When the term "cannabis" is used in this chapter, it shall include "cannabis products."

"City manager" means the city manager of the city of Calexico or designee.

"Commercial cannabis activity" includes the cultivation, manufacture, laboratory testing, distribution, delivery, and retail sale (including possession, processing, storing, and labeling incidental to each activity, as applicable) of cannabis, and cannabis products.

"Conditional use permit" or "CUP" means a conditional use permit issued under this chapter.

"Cultivate" or "cultivation" means any commercial activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. A cannabis nursery is considered a "cultivation" use.

"Customer" means a natural person twenty-one years of age or older or a natural person eighteen years of age or older who possesses a physician's recommendation, or a primary caregiver.

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

"Developer" means a person who has a fully negotiated and executed development agreement with the city under this chapter. A "developer" includes all representatives, agents, parent entities, or subsidiary entities of the developer.

"Development agreement" means an agreement entered into between the city and an applicant under this chapter pursuant to Section 65865 of the California Government Code.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities permitted or licensed under this chapter, another local California jurisdiction, and state law.

"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 of the California Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. When the term "cannabis" is used in this chapter, it shall include "edible cannabis products."

"Indoor" means within a fully enclosed and secure building.

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Sections 66410 et seq. of the California Government Code).

"Manufacture" means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product.

"Manufacturer" means a permittee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

"Microbusiness" means a commercial business that engages in at least three of the following commercial cannabis activities: cultivation of cannabis on an area less than ten thousand square feet, Level 1 manufacturing, distribution, and retail sale under this chapter, provided such permittee can demonstrate compliance with all requirements imposed by this chapter and state law on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the permittee engages in such activities.

"Non-storefront retailer" means a cannabis retailer that provides cannabis exclusively through delivery.

"Nursery" means a permittee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

"Operation" means any act for which a permit is required under the provisions of this chapter, or any commercial transfer of cannabis or cannabis products.

"Owner" means any of the following:

(1)

A person with an aggregate ownership interest of twenty percent (20%) or more in the applicant, unless the interest is solely a security, lien, or encumbrance;

(2)

The chief executive officer of an entity or nonprofit;

(3)

All members of the board of directors of a nonprofit;

(4)

An individual entitled to a share of at least twenty percent of the profits of the commercial cannabis business;

(5)

The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust; or

(6)

An individual that will be participating in the direction, control, or management of the permitted commercial cannabis activity.

"Permittee" means the individual or applicant to whom a conditional use permit has been issued under this chapter. A permittee includes all representatives, agents, parent entities, or subsidiary entities of the permittee.

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

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.

"Purchaser" means the customer who is engaged in a transaction with a permittee for purposes of obtaining cannabis or cannabis products.

"Retailer" means a permittee that sells and/or delivers cannabis or cannabis products to customers.

"Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee to the permittee from whom the cannabis or cannabis product was purchased.

"Sensitive receptors" include an institution of learning for persons under twenty-one years of age, whether public or private, offering regular course of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school; any licensed child care center, daycare center, or any preschool; and parks and playgrounds.

"Shared-use facility" means a premises registered by a primary manufacturing permittee at which multiple cannabis manufacturers may operate at separate times.

"Testing" means subjecting cannabis to laboratory testing for active compounds and purity prior to distribution for consumption.

"Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

(1)

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

(2)

Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs.

Words and phrases not specifically defined in this code shall have the meaning ascribed to them as defined in the following sources:

A.

The Compassionate Use Act of 1996 ("CUA");

B.

The Medical Marijuana Program ("MMP"); and

C.

The Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA").

(Ord. No. 1191, § 2, 12-19-18; Ord. No. 1205, § 2, 11-20-19; Ord. No. 1210, § 2, 2-19-20)

17.11.1030 - Commercial cannabis activity—Permitted locations and standards.

Commercial cannabis cultivation, manufacturing (including shared-use facilities), laboratory testing, distribution, retailers, non-storefront retailers, and microbusinesses may be located in the cannabis overlay district, upon either issuance of a CUP or full execution of a development agreement approved by city council and issuance of a regulatory permit, or as otherwise permitted in this code. Testing laboratories may be located in CO - Commercial Office, CH - Commercial Highway, CS - Commercial Specialty, BP - Industrial Business Park, I - Industrial, IR - Industrial Rail Served, and IL - Industrial Light Zones upon either issuance of a CUP or full execution of a development agreement approved by city council and issuance of a regulatory permit, or as otherwise permitted in this code.

B.

Commercial cannabis cultivation or manufacturing facilities shall be limited to no more than seventy-five percent of the acreage of a legal parcel in the cannabis overlay zone.

C.

Each commercial cannabis cultivation facility shall be at least five thousand square feet in size, except for microbusinesses, and nurseries, which may be less than five thousand square feet in size.

D.

Commercial cannabis activity shall be located a minimum distance of six hundred feet away from any sensitive receptor. The distance shall be measured at the nearest point between any part of the building containing the cannabis use and any lot line of the sensitive receptor. This six hundred-foot distance limitation shall not apply to cannabis testing laboratories.

E.

Cannabis cultivation, manufacturing, and laboratory testing may only occur indoors. Commercial cannabis activity shall not result in the creation of any odors detectable from anywhere off the property boundaries. The use of carbon filtration systems and other mitigation measures shall be used on all commercial cannabis activities that cause such odors. Commercial cannabis activity permittees or developers shall not allow cannabis to be visible from the public right-of-way or the unsecured areas surrounding the commercial cannabis activity's site.

F.

No commercial cannabis activity shall operate unless it is in possession of all applicable state and local licenses or permits, except as otherwise permitted by state and/or local law. Every commercial cannabis activity shall submit to the city manager a copy of any and all of its state and local licenses and permits required for its operation. If any other applicable state or local license or permit for a commercial cannabis activity is denied, suspended, modified, revoked, or expired, the permittee shall notify the city manager in writing within ten calendar days.

G.

Except as required in this chapter, CUPs shall be reviewed, issued, denied, suspended, revoked, and/or renewed in accordance with Chapter 17.01, Article V, Conditional Use Permit Regulations. If any provision

of this chapter conflicts with any provision of Title 17, Chapter 17.01, Article V, the provision in this chapter shall control.

(Ord. No. 1191, § 2, 12-19-2018; Ord. No. 1200, § 4, 5-15-19)

17.11.1040 - Conditional use permit or development agreement required.

The city may authorize up to ten applicants to operate the following type of facility: laboratory testing.

The city may authorize up to twenty applicants to operate the following type of facility: cultivation. Of these twenty applicants, up to ten applicants may be authorized to operate a small scale cultivation facility, which means a permittee whose gross receipts do not exceed $500,000.00 annually, and up to ten applicants may be authorized to operate an industrial scale cultivation facility, which means a permittee whose gross receipts exceed $500,000.00 annually.

ing type of facility: cultivation. Of these twenty applicants, up to ten applicants may be authorized to operate a small scale cultivation facility, which means a permittee whose gross receipts do not exceed $500,000.00 annually, and up to ten applicants may be authorized to operate an industrial scale cultivation facility, which means a permittee whose gross receipts exceed $500,000.00 annually.

The city may authorize up to twenty applicants to operate the following type of facility: distribution. Of these twenty applicants, up to ten applicants may be authorized to operate a small scale distribution facility, which means a permittee whose gross receipts do not exceed $500,000.00 annually, and up to ten applicants may be authorized to operate an industrial scale distribution facility, which means a permittee whose gross receipts exceed $500,000.00 annually.

The city may authorize up to twenty applicants to operate primary manufacturing facilities. Of these twenty applicants, up to ten applicants may be authorized to operate a small scale primary manufacturing facility, which means a permittee whose gross receipts do not exceed $500,000.00 annually, and up to ten applicants may be authorized to operate an industrial scale primary manufacturing facility, which means a permittee whose gross receipts exceed $500,000.00 annually. A primary manufacturing facility is any manufacturing facility or any shared-use facility operated for manufacturing. A person permitted to operate a shared use facility shall be known as a primary shared use manufacturing permittee or primary permittee. A person permitted to operate within a shared use facility shall be known as a secondary shared-use manufacturing permittee or secondary permittee. The city may authorize up to thirty secondary permittees to operate within a shared-use facility within the city. Of these thirty secondary permittees, fifteen will be reserved for a small scale primary manufacturing facility and fifteen will be reserved for an industrial scale primary manufacturing facility.

In addition, the city may authorize up to twelve retailer, non-storefront retailer, or microbusiness applicants to operate within the city.

Prior to initiating operations and as a continuing requisite to operating a commercial cannabis activity, the applicant shall obtain a validly issued CUP or enter into a fully executed development agreement agreed to by the city council. Each applicant may only apply for and operate up to two commercial cannabis activity facilities in the city, unless said applicant is operating a microbusiness. Each CUP or development agreement will include a condition or provision that the applicant shall also obtain and maintain a commercial cannabis activity regulatory permit required by this code.

(Ord. No. 1191, § 2, 12-19-2018; Ord. No. 1199, § 2, 5-1-19; Ord. No. 1202, § 2, 7-17-19; Ord. No. 1206, § 2, 11-20-19)

17.11.1050 - Application fee and reimbursement agreement.

At the time an applicant submits an application under this chapter, the applicant shall also supply an application fee in an amount to be determined by resolution by the city council, an executed reimbursement agreement on a form provided by the city to fully reimburse the city for all fiscal impacts, costs, expenses, and fees, including but not limited to attorney fees and consultant fees, incurred by the city related to the commercial cannabis activity, and a deposit in an amount as provided for in the reimbursement agreement terms.

(Ord. No. 1191, § 2, 12-19-2018)

17.11.1060 - Cannabis transfer between permitted commercial cannabis activities only.

A commercial cannabis activity shall not transfer cannabis or cannabis products to or from another commercial cannabis activity, unless both activities are in possession of all required state and local licenses and permits.

(Ord. No. 1191, § 2, 12-19-2018)

17.11.1070 - Permits not transferable. ¶

CUPs may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a cannabis business CUP shall be unlawful and void, and shall automatically revoke the permit.

(Ord. No. 1191, § 2, 12-19-2018)

17.11.1080 - Prohibited operations.

Any commercial cannabis activity that does not have both a CUP or development agreement and a regulatory permit required under this code is expressly prohibited in all city zones and is hereby declared a public nuisance that may be abated by the city and is subject to all available legal remedies, including, but not limited to civil injunctions.

(Ord. No. 1191, § 2, 12-19-2018)

17.11.1090 - Penalties for violations.

A.

In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties.

B.

E.

"Solar energy system" shall have the same meaning as the term is defined in subsection (j)(4) of Section 65850.5 of the Government Code, as amended from time to time or replaced by a successor statute.

F.

"Specific, adverse impact" shall have the same meaning as the term is defined in subsection (j)(5) of Section 65850.5 of the Government Code, as amended from time to time or replaced by a successor statute.

(Ord. No. 1163, § 6, 9-16-15)

17.11.1130 - Applicability.

This section applies to the permitting of all small residential rooftop solar energy systems, as defined herein, in the city. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements stated herein, unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 1163, § 6, 9-16-15)

17.11.1140 - Development standards. ¶

In addition to the checklist of requirements for small residential rooftop solar energy systems, the following standards shall apply to each small residential rooftop solar energy system:

A.

Systems shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.

B.

Systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited

testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

C.

The director may from time to time revise the checklist of requirements for small residential rooftop solar energy systems as long as any revisions are consistent with the most recently adopted resolution of the city council adopting the checklist, and are consistent with Section 65850.5 of the Government Code.

D.

The checklist of requirements for small residential rooftop solar energy systems shall be made available to the public during regular business hours at the office of the city clerk and by posting the checklist on the city's web site.

For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed if the city does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however the subsequent inspection need not conform to the requirements of this section.

(Ord. No. 1163, § 6, 9-16-15)

17.11.1190 - Approval by association not required. ¶

The city shall not condition approval for any small residential rooftop solar energy system permit on the approval of the system by an association, as that term is defined in Section 4080 of the Civil Code.

(Ord. No. 1163, § 6, 9-16-15)

Chapter 17.13 - OFF-STREET PARKING

17.13.110 - Purpose. ¶

These regulations are for the purpose of providing convenient off-street parking for vehicles, and are to be considered as the minimum necessary for such uses permitted by the respective zone.

The intent of these regulations is to provide adequately designed parking areas with sufficient capacity, and adequate circulation to minimize traffic congestion and promote public safety. It shall be the responsibility of the developer, owner, or operator of the specific use to provide and maintain adequate off-street parking. (1992 zoning ord. (part))

17.13.120 - General provisions. ¶

A.

Off-street parking facilities, for both motor vehicles and bicycles, shall be provided for any new building constructed, for any new use established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of an existing building.

B.

For additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking spaces required, the additional parking spaces shall be required only for such addition, enlargement, or change and not for the entire building or use, unless required as a condition of approval of a conditional use permit.

C.

The required parking facilities needed for any development shall be located on the same site or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading or unloading facilities.

D.

The requirements of this title shall apply to temporary as well as permanent uses.

E.

No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of offstreet parking facilities prescribed in this title. However, the facilities being used for off-street parking on the effective date of the ordinance codified in this title shall not be reduced in capacity to less than the minimum standards prescribed in this section.

F.

Projects with unexpired development review approval or conditional use permits approved prior to the effective date of the ordinance codified in this title shall meet the requirements of the parking ordinance in effect on the date the development review approval or conditional use permits were approved.

G.

All required off-street parking spaces shall be designed, located, constructed, and maintained so as to be fully usable during workday periods or as needed by the use of the premises.

Where the application of these schedules results in a fractional space, then the fraction shall be rounded to the higher whole number.

I.

The parking requirement for uses not specifically listed in the matrix shall be determined by the approval body for the proposed use on the basis of requirements for similar uses, and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement.

J.

In the calculation of parking requirements for centers off peak hour uses, from the normal operating hours of the center, shall not be counted toward the parking requirement.

K.

In situations where a combination of uses are developed on a site, parking shall be provided for each of the uses on the site according to the schedule given in this section. (1992 zoning ord. (part))

17.13.130 - Schedule of off-street parking requirements. ¶

Use	Minimum Of-Street Parking Req.
A. Administrative and Professional Services	1 space/250 sq. ft. of gross foor area as listed in Section 17.05.120.
B. Shopping Centers and General Commercial Uses	1 space/300 sq. ft. of gross foor area as listed in Section 17.15.120 except as noted below.
1. Eating and drinking establishments	1 space/each 5 seats or 1 space/75 sq. ft. of seating area where there are no fxed seats, plus one space per employee.
a. Fast food restaurants with walk in or drive- through	1 space/each 7 seats plus one space per employee and an onsite queue line for at least eight vehicles when drive-through is included.
2. Gasoline dispensing and/or auto- motive service stations	2 spaces plus four for each service bay.
3. Appliance and/or furniture stores	1 space/500 sq. ft. of gross foor area.
4. Hotels and motels	1 space per unit plus 1 space per employee.
a. Retirement hotels	0.6 space per unit plus 1 space per employee.
5. Auto and/or truck and machinery sales and service garages	1 space/800 sq. ft. of gross foor area.
6. Medical and dental ofces or clinics, veterinary ofces or clinics	1 space/250 sq. ft. of gross foor area.
7. Commercial recreation facilities
a. Bowling alleys/Billiard halls	5 spaces/alley plus 2 for each billiard table plus required parking for other uses on the site.
---	---
b. Commercial stables	1 space/5 horses boarded on site.
c. Driving range (golf)	1 space/tee plus required parking for any other uses on the site.
d. Golf course (regulation)	6 spaces/hole plus required parking for any other uses on the site.
e. Miniature golf	3 spaces/hole plus required parking for any on-site use.
f. Parks (public or private)	To be determined by the city council.
g. Skating rinks	1 space/100 sq. ft. of gross foor area.
h. Tennis, handball and racquetball	3 spaces/court plus required parking for additional uses on facilities site.
i. Theaters
1. Motion picture	1 space/4 seats plus 1 space for each 60 sq. ft.
2. Playhouse	1 space/5 seats plus one space per employee.
C. Public and Semi-Public Uses
1. Day nurseries, day care schools	1 space/staf member plus 1 space/5 children or 1 space/10 children if adequate drop-of facilities are provided. Drop-of facilities must be designed to accommodate a continuous fow of passenger vehicles to safely load and unload children. The adequacy of drop-of facilities proposed shall be determined by the city council.
2. Convalescent and/or nursing homes	1 space/4 beds plus 1 space per employee on the highest employee shift.
3. Hospitals	To be determined by the city council. The applicant shall submit a parking study.
4. Libraries, museums, art galleries	1 space per 1.5 employees, plus one space/190 sq. ft. of foor area.
5. Educational institutions, public or private
a. Elementary and junior high schools	1 space per 1.5 employees on maximum shift.
b. Senior high schools	1 space for each 1.5 employees plus 1 space/5 students.
c. Colleges and vocational schools	0.5 spaces/faculty member and employee plus 1 space/3 students.
d. Churches, convents, monasteries, other religious institutions and other space of public assembly	1 space/3 seats within the main auditorium or 1 space/45 sq. ft. of gross foor area within the main auditorium where there are no fxed seats.
---	---
6. Public utilities	To be determined by the city council.
D. Manufacturing Uses
1. Manufacturing	1 space/500 sq. ft. of gross foor area devoted to manufacturing plus the required parking for square footage devoted to other uses.
2. Research and development	1 space/300 sq. ft. of gross foor area.
3. Storage	1 space/1,000 sq. ft. of gross area for the frst 20,000 sq. ft. devoted to storage plus the required parking for square footage devoted to other uses. 1 space/2,000 sq. ft. for the second 20,000 sq. ft. 1 space/4,000 sq. ft. for area in excess of 40,000 square feet.
4. Swap meets	2 spaces/vending site.

E.

Single-family residential, multiple-family residential and mobilehome parks are indicated in their respective zones.

F.

Handicapped parking requirements are established by the state of California. The parking standards contained in this section are identical to those established by the state at the time of the adoption of the ordinance codified in this title. Any future change in the state handicapped parking standards would preempt the requirements given in this section.

1.

Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped.

==> picture [410 x 199] intentionally omitted <==

2.

Handicapped parking spaces shall be provided for all uses other than residential at the following rate:

Handicapped parking spaces shall be provided for all	uses other than residential at the following rate:
Number of Automobile Spaces Provided	Number of Handicapped Spaces Required
1—40	1
41—80	2
81—120	3
121—160	4
161—300	5
301—400	6
401—500	7
over 500	7 + 1 for each 200 additional automobile spaces provided

3.

Handicapped parking spaces required by this section shall count toward fulfilling automobile parking requirements.

G.

Bicycle Parking Requirements. The matrix below contains the minimum bicycle parking requirements. Only those uses identified in the matrix are required to install bicycle parking. Bicycle parking facilities shall be a stationary storage rack or device designed to secure the frame and wheel of the bicycle.

1. Administrative and professional services over 20,000 square feet of foor area	5 spaces
2. Shopping centers with more than 50,000 square feet of gross foor area	1 space/33 automobile parking spaces required area
---	---
3. Eating and drinking establishments	2 spaces
a. Fast food restaurants, cofee shops, delicatessens, etc.	5 spaces
4. Medical and dental ofces or clinics, veterinary ofces or clinics	2 spaces
5. Commercial recreation	1 space/33 automobile spaces required
6. Hospitals	4 spaces
7. Churches	4 spaces

H.

Motorcycle Off-Street Parking Requirements. Motorcycle parking areas shall be provided for all uses, except residential, at the following rate:

1.

Uses with more than twenty-five automobile parking spaces shall provide one designated area for use by motorcycles.

2.

Uses with more than one hundred automobile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parking area for every one hundred automobile parking spaces provided. (1992 zoning ord. (part))

17.13.140 - Off-street loading berth requirements. ¶

All commercial and industrial uses; unless specifically exempted by the city council upon recommendation of the planning commission, which has an aggregate gross floor area of twenty-five thousand square feet or more shall provide off-street truck loading or unloading berths in accordance with the following table:

Square Feet of Aggregate Gross Floor	Required No. Area Devoted to Such Use of Berths
25,000 sq. ft. up to and including 40,000 sq. ft.	1
40,001 sq. ft. up to and including 100,000 sq. ft.	2
100,001 sq. ft. up to and including 160,000 sq. ft.	3
160,001 sq. ft. up to and including 240,000 sq. ft.	4
240,001 sq. ft. up to and including 320,000 sq. ft.	5
320,001 sq. ft. up to and including 400,000 sq. ft.	6

400,001 sq. ft. up to and including 490,000 sq. ft. 7 For each additional 90,000 sq. ft. add 1

(1992 zoning ord. (part))

17.13.150 - Property development standards for off-street loading facilities. ¶

The following property/development standard shall apply to all commercial and industrial buildings who are required loading facilities. All off-street loading facilities shall conform to the following standards:

A.

Each loading berth shall be not less than forty-five feet in length and twelve feet in width exclusive of aisle or maneuvering space.

B.

Such space may occupy all or any part of any required yard space, except front and street side yards and shall not be located closer than fifty feet to any lot in any residential zone unless enclosed on all sides except the entrance by a wall not less than eight feet high.

C.

Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward.

D.

Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley.

E.

Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion.

F.

The loading area, aisles, and access drives shall be improved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets or alley.

G.

Bumper rails shall be provided at locations where needed for safety or to protect property.

H.

If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare.

I.

No repair work or servicing of vehicles shall be conducted in a loading area.

J.

Off-street loading facilities shall be located on the same site with the use for which the berths are required.

K.

If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this title for each use. If more than one use is the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths.

L.

Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use.

M.

At the time of initial occupancy, major alteration or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading berth requirements. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration, or enlargement.

N.

Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility. (1992 zoning ord. (part))

17.13.160 - Property development standards—Off-street parking. ¶

The following property development standards shall apply to all land, buildings, and uses authorized by the zoning ordinance.

A.

General Requirements. The following are minimums unless otherwise stated:

Parking Space Dimensions

1. Parking Space Dimensions
a. Residential, commercial, and industrial (in feet)
1. Covered in a garage/carport	9′ × 20′ ea. space
2. Uncovered	9′ × 20′ ea. space
---	---
b. Parallel parking space	8′ × 22′ ea. space
c. Motorcycle parking spaces	4 foot by 8 foot
d. Bicycle parking space	2 foot by 6 foot

==> picture [312 x 181] intentionally omitted <==

2. Overall Parking Bay Width	Parking Angle (in degrees)	Parking Angle (in degrees)	Parking Angle (in degrees)
a. Parking bay widths for one-way trafc and double loaded aisles:	30	45	60	90
1. Standard stall	43′	50′	56′	64′
b. Parking bay width for one-way trafc and single loaded aisles:
1. Standard stall	28′	32′	37′	46′
c. Parking bay widths for two-way trafc and double loaded aisles:
1. Standard stall	51′	57′	60′	64′
d. Parking bay widths for two-way trafc and single loaded aisles:
1. Standard stall	36′	39′	41′	46′

3.

Automobile, Handicapped, Motorcycle, and Bicycle. All parking stalls and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or any other all-weather surfacing approved by the director of planning and subject to current city standards.

Striping and Identification.

a.

Automobile. All parking stalls shall be clearly outlined with lines on the surface of the parking facility.

b.

Handicapped. All handicapped spaces shall be striped and marked according to the applicable state standards.

c.

Motorcycle. All motorcycle spaces shall have bollards installed and appropriately spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked so that they can be clearly identified for motorcycle usage.

d.

Bicycle. All bicycle spaces shall be clearly identified.

Special Requirements.

1.

One five gallon tree, per city specifications, shall be provided for every three parking spaces.

2.

Any unused space resulting from the design of the parking area shall be used for landscaped purposes.

3.

All parking lot landscaped islands shall have a minimum inside dimension of four feet and shall contain a twelve inch wide walk adjacent to parking stall and be separated from vehicular areas by a six inch high, six inch wide Portland concrete cement curbing.

==> picture [228 x 149] intentionally omitted <==

All landscaping areas shall be automatically irrigated and kept in a healthy and thriving condition free from weeds, debris and trash.

5.

All parking facilities shall have lighting in accordance with the current city standards. The lighting shall be designed and installed so as to confine direct rays to the site. Parking lot lights shall be a maximum height of eighteen feet from the finished grade of the parking surface and directed away from all property lines and shall be low pressure sodium.

6.

All parking facilities shall be graded and drained so as to provide for the disposal of all surface water on the site.

7.

In any R zone except the RC and RA, parking of motorized and nonmotorized vehicles shall be subject to the following requirements and those shown in the example below:

a.

No motorized or nonmotorized vehicle shall be parked, stored or kept in the front yard as shown below except on land adjacent to the driveway or the driveway. In all cases the surface shall be Portland concrete cement.

b.

If motorized or nonmotorized vehicles are to be parked, stored, or kept on the lot, other than as permitted in subsection (B)(7)(a) of this section, they must be for the personal use of the resident.

==> picture [228 x 152] intentionally omitted <==

(1992 zoning ord. (part))

17.13.162 - Determination of requirements for unlisted uses. ¶

Where the parking requirements for a use are not specifically defined in this chapter, the parking requirements for each use shall be determined by the planning commission with the approval of the city

council, and such determination shall be based upon the requirements for the most comparable use specified in this chapter.

(Ord. 606 § 2 (part), 1966: prior code § 8173)

17.13.163 - Size and access. ¶

Each off-street parking space shall have an area of not less than one hundred eighty square feet, exclusive of driveway or aisles, and a width of not less than nine feet. Each such space shall be provided with adequate ingress and egress.

(Ord. 606 § 2 (part), 1966: prior code § 8174.1)

17.13.164 - Location. ¶

A.

Generally. Off-street parking facilities shall be located as specified in subsection B of this section, and further provided, that when a parking lot is located on a site other than that on which the facility being served is located, an agreement approved by the city council reserving the site for parking purposes shall be recorded in the office of the county recorder.

B.

Off-street parking facilities shall be located as follows:

1.

For one, two, or multiple-family dwellings, on the same lot or building site as the buildings they are required to serve;

2.

For hospitals, sanitariums, homes for the aged, asylums, orphanages, rooming houses, lodging houses, club rooms, fraternity and sorority houses, not more than one hundred and fifty feet from the buildings they are required to serve; and

3.

For uses other than those specified in this section, not over three hundred feet from the building they are required to serve.

(Ord. 606 § 2 (part), 1966: prior code § 8174.2)

17.13.165 - Mixed uses. ¶

In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as specified for joint use in Section 17.13.166.

(Ord. 606 § 2 (part), 1966: prior code § 8174.3)

17.13.166 - Joint use. ¶

A.

Designated. The city planning commission with approval of the city council may, upon application by the owner or lessees of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified in this section:

1.

Up to fifty percent of the parking facilities required by this chapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use. Up to fifty percent of the parking facilities required by this chapter for use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area is subject to conditions set forth in subsection C of this section.

2.

Up to one hundred percent of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area is subject to conditions set forth in subsection C of this section.

B.

Daytime and Nighttime Uses.

1.

The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses.

2.

The following uses are typical of nighttime and/or Sunday uses: auditoriums incidental to a public or parochial school, churches, dancehalls, theaters and bars.

C.

Conditions Required for Joint Use:

1.

The building or use for which an application is being made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within one hundred and fifty feet of such parking facility.

The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.

3.

Parties concerned in the joint use of off-street parking facilities shall evidence agreement for such joint use by a proper legal instrument approved by the city council as to form and content. Such instrument when approved as conforming to the provisions of this title shall be recorded in the office of the county recorder and copies thereof filed with the planning commission and the city council.

(Ord. 606 § 2 (part), 1966: prior code § 8174.4)

17.13.167 - Common facilities. ¶

Common parking facilities may be provided in lieu of the individual requirements contained in this chapter, but such facilities shall be approved by the commission as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. When any such common facility is to occupy a site of five thousand square feet or more, then the parking requirements as specified in this chapter for each of two or more participating buildings or uses may be reduced not more than fifteen percent upon approval of the city council in the manner prescribed for a conditional use permit.

(Ord. 606 § 2 (part), 1966: prior code § 8174.5)

17.13.168 - Fee in lieu of parking. ¶

In commercial and industrial zones, in lieu of furnishing the parking spaces required by the provisions of this chapter, the requirements thereof may be satisfied by the payment of such amount as may be prescribed by resolution of the city council. The funds shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities.

(Ord. 824 § 1, 1982)

17.13.170 - Performance standards—Off-street parking. ¶

A.

All parking facilities required by this title shall be maintained in good operating condition for the duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of vehicles. The parking facilities shall not be used for the storage of merchandise, or for the storage or repair of vehicles or equipment. Parking facilities shall not be used for the sale of merchandise, except on a temporary basis pursuant to Section 17.11.110.

B.

All shopping centers that use shopping carts shall provide convenient and safe on-site storage areas for the shopping carts.

Handicap, motorcycle, and carpool parking spaces when required, shall be located within one hundred feet of the entrance to the facility. (1992 zoning ord. (part))

Chapter 17.15 - DATUM PLANE AND BENCH MARK

17.15.100 - Datum plane designated. ¶

A plane one thousand feet below the certain bench mark known as the C.D. bench mark is the datum plane or base line of the city for the purpose of establishing and designating the official grades of the streets, alleys, avenues and sewers and for any other public works within the city and for measuring all other elevations or surface points herein.

(Prior code § 8021)

17.15.110 - Monument location. ¶

The official bench mark or datum plane monument within the city shall be the top of that certain plug placed in the top of a pipe, situated at the southeast corner of the California Development Company, situated on Lot 13, Block 72, in the city.

(Prior code § 8022)

17.15.120 - Elevation of bench mark above datum plane.

The elevation of the bench mark or datum monument designated by this chapter is one thousand feet above the city datum plane.

(Prior code § 8023)

Chapter 17.17 - ARCHITECTURAL REVIEW

17.17.100 - Purpose. ¶

A.

In order to prevent the erection of structures or signs which would be inharmonious with their surroundings or would have an adverse effect on the value of property or improvements in the city, uses, structures and certain signs in the central business district, shall be subject to architectural review by the design review committee (DRC). The ugly, the inharmonious, the monotonous and the hazardous shall be barred, but originality in architecture, site planning, and landscape and graphic design shall not be suppressed.

B.

Review shall include exterior design, materials, textures and colors but shall not consider elements of the design that do not affect exterior appearance. In reviewing proposals for development in commercial and industrial zoning districts which have an established historical character, the design review committee shall recommend disapproval of drawings for a structure or a sign which would be inharmonious with surrounding development, but the committee may require that new structures contain an historic

architectural style as a condition of approval. The design review committee shall use the Calexico Downtown Design and Implementation Program guideline during its review process.

(Ord. 886 § 1 (part), 1987)

17.17.110 - Design review committee. ¶

A.

There is created a design review committee which shall review drawings and report to the community redevelopment agency when prescribed in this chapter. The design review committee shall consist of six members: the director of planning, the director of public works, the city manager or his designee, a member of the city beautification committee, and two members of the Chamber of Commerce to represent the central business district. The committee may also include a nonvoting design professional who may be an architect, landscape architect or be in a related design profession. Said design professional may or may not be a resident of the city, to serve in an advisory capacity. In the event the committee is required to review drawings for a project in which one of its members or its advisor has a business or a professional interest, it shall seek the advice of a disinterested architect or design professional.

B.

The design review committee shall hold one regular meeting each month at a time and day to be designated by the committee, except that a meeting may be cancelled if no drawings in conformity with the other requirements of the zoning ordinance have been submitted for review. Determinations and reports of the committee shall have the concurrence of at least three members. The director of planning shall serve as secretary to the committee. Additional meetings may be called at the direction of the city manager and upon giving a seventy-two hour notification to all members.

(Ord. 886A § 1, 1987; Ord. 886 § 1 (part), 1987)

17.17.120 - Drawings to be approved. ¶

A.

No zone change for a use, or a building permit for a structure or sign or exterior alteration, enlargement or major remodeling of an existing use, structure or sign that is subject to architectural review as prescribed in this chapter shall be issued until the drawings required by this chapter have been approved by the design review committee.

(Ord. 886 § 1 (part), 1987)

17.17.130 - Drawings to be submitted.

A.

The owner of the site or his authorized agent shall submit the following drawings to the director of planning at the time of or prior to applying for a building permit, conditional use or zoning permit if the project requires architectural review:

1.

A site plan, drawn to scale, showing the proposed layout of structures and other improvements, including, where appropriate, driveways, pedestrian walks, off-street parking and off-street loading areas, landscaped areas, fences and walls. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of off-street parking and off-street loading areas, the location of each parking space and each loading berth, and areas for turning and maneuvering vehicles;

2.

A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained on the site, the location and design of landscaped areas, and the varieties of plant materials to be planted therein, and other landscape features;

3.

Grading plans where required by city regulations.

B.

In addition to the drawings required by subsections A1, A2 and A3 of this section, the owner of the site or his authorized agent shall submit the following drawings to the director of planning at the time of or prior to applying for a building permit:

1.

Architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified;

2.

Scale drawings of all signs subject to architectural review showing the size, location, material, colors and illumination, if any; and

3.

The design review committee or the director of planning may require additional information if necessary to determine whether the purposes of this chapter are being carried out or may authorize the omission of any or all of the drawings required by this section if they are not necessary.

(Ord. 886 § 1 (part), 1987)

17.17.140 - Referral to design review committee. ¶

The director of planning shall check all drawings submitted for architectural review. If he finds that the plans meet the requirements of this chapter, subject to architectural review, he shall submit the drawings to the design review committee. If the director of planning determines that a zoning permit could not be issued without granting of a use permit, the granting of a variance, or the enactment of an amendment to this chapter, he shall inform the applicant and shall not submit the drawings to the design review committee.

(Ord. 886 § 1 (part), 1987)

17.17.150 - Action of design review committee. ¶

A.

Within fifteen days of the date the drawings meeting all other requirements of this chapter where submitted for architectural review, the design review committee shall approve the drawings or shall submit a written report to the community redevelopment agency recommending conditional approval, modification or disapproval.

B.

If the committee approves the drawings, or if the conditions or modifications recommended by the committee are acceptable to the applicant, the drawings shall be approved in the form recommended by the committee and the drawings shall not be submitted to the community redevelopment agency.

C.

Failure of the committee to act within fifteen days of the date of submission shall be deemed approval of the drawings unless a time extension is requested by the applicant.

(Ord. 886 § 1 (part), 1987)

17.17.160 - Action of community redevelopment agency.

A.

Within fifteen days after the design review committee has recommended conditional approval, modification or disapproval of the drawings, the community redevelopment agency shall approve, conditionally approve or disapprove the drawings or shall request the applicant to revise them, provided that if the conditions or modifications requested by the committee are acceptable to the applicant, no action by the community redevelopment agency shall be required.

B.

Revised drawings shall be reviewed as prescribed for drawings first submitted.

C.

Failure of the community redevelopment agency to act within twenty-one days following the action of the design review committee shall be deemed approval of the drawings unless a time extension is requested by the applicant and granted by the community redevelopment agency.

(Ord. 886 § 1 (part), 1987)

Chapter 17.19 - ARTS IN PUBLIC PLACES*

17.19.010 - Short title. ¶

This chapter shall be known as the "City of Calexico Arts in Public Places Ordinance."

(Ord. 1046 § 2 (part), 2007)

17.19.020 - Public arts or in-lieu fee requirement. ¶

Any public or private development of constructing, reconstructing, or constructing an addition to a building in the city of Calexico shall provide public arts amenities or make an in lieu payment, as provided herein.

A.

Unless otherwise specified by resolution of the city council, the public arts amenities shall have a value that equals or exceeds the below-listed amount based on the following schedule:

Year 1 (April 6, 2007 to April 6, 2008): an eighth of one percent of the total construction cost of the building, or addition to a building, subject to this chapter;

Year 2 (April 7, 2008 to April 7, 2009): an eighth of one percent of the total construction cost of the building, or addition to a building, subject to this chapter;

Year 3 and thereafter (April 8, 2009 and thereafter): a quarter of one percent of the total construction cost of the building, or addition to a building, subject to this chapter.

B.

In lieu of providing the public arts amenities required by subsection A of this section, payment may be made to the city in the amount of the value required by subsection A of this section. All payments made pursuant to this subsection shall be segregated and used only as provided Section 17.19.080 of this chapter.

C.

The requirements of this article shall not apply to the following:

1.

Public construction or reconstruction projects for sewer, water, storm drain, or other utility construction/reconstruction;

2.

Street and sidewalk repairs;

3.

Nonprofit social service projects;

4.

Housing projects for "low to moderate income persons and families" as defined in Health and Safety Code Section 50093;

5.

Affordable housing developments receiving city, state or federal assistance, unless permissible under city, state or federal regulations;

6.

Reconstruction necessitated by damage due to fire, flood, wind, earthquake, or other disaster; and

7.

Residential developments of four units or less.

(Ord. 1046 § 2 (part), 2007)

17.19.030 - Definitions.

The following definitions are applicable to provisions of this article:

A.

"Construction cost" means the total value of all construction, reconstruction or addition work on a building or structure as determined by the director of development services in issuing a building permit for such construction, reconstruction or addition. The "construction cost" does not include the value of the underlying land.

B.

"Public art" means and includes, but is not limited to, sculptures, monuments, wall hangings, tapestries, photographs, etchings, engravings and paintings. Public art may also include decorative or ornamental elements designed by the architect or other design consultant retained for the design and construction of the subject building. Fountains, murals, entryways, and walkways may be eligible to be considered as qualified artwork. Public art shall not include objects that are mass produced with a standard design such as statuary.

C.

"Public arts amenities" are: (1) Public art, (2) public performance and art exhibition facilities, and (3) public historical and cultural amenities. Public performance and art exhibition facilities, and public historical and cultural facilities must be primarily designed for art performances, art exhibitions, or the conduct of cultural events and/or the display of historical artifacts and exhibits that reflect the history of Calexico or California.

D.

"Reconstruction" means all alterations or repairs made to a commercial or industrial building within any twelve-month period where all of the following apply: (1) any such alterations or repairs result in changes to the exterior of the building, other than signs or fabric awnings, that can be seen from the public right-ofway, (2) the changes to the exterior of the building are not limited to repair and ordinary maintenance, (3) the building permit valuation of the changes to the exterior of the building exceeds five thousand dollars, and (4) the building permit valuation of all alterations or repairs to the building exceeds one million dollars.

For the purposes of this subsection, the twelve-month period referenced above shall include all building permits issued during the twelve months following final inspection of an alteration or repair.

(Ord. 1046 § 2 (part), 2007)

17.19.040 - Approval required of public arts amenities. ¶

A.

After final completion of architectural review of a structure under this code, an application shall be filed with the city for community services commission review and recommendation to city council of the public arts amenities proposed for such structure. The application shall be on the form designated by the city, containing the following information:

1.

Preliminary sketches, photographs, a model or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public arts amenities;

2.

A curriculum vita of the artist, architect, and/or designer;

3.

An appraisal by an independent, qualified fine art appraiser or other evidence satisfactory to the commission of the value of the proposed public arts amenity including, but not limited to, bona fide invoices, purchase orders or agreements, and auction records;

4.

The site plans and elevations;

5.

An estimate of the construction cost of the proposed building;

6.

Sketches, photographs, or other documentation sufficient to show the relationship of the proposed fine art to the proposed commercial structure;

7.

Such other information as may be required by the community services commission in considering the application under the standards established by subsection C of this section.

B.

Upon receiving a complete application, the community services commission shall schedule a meeting to consider the application. Fourteen days' prior written notice shall be provided to the applicant of the time

and place of the meeting at which the application will be heard.

C.

The community services commission shall recommend approval of the application to city council if the proposed public arts amenities satisfy all of the following standards:

1.

The public arts amenities have the minimum value required by Section 17.19.020 of this chapter. Such value shall be established by an appraisal performed by an independent, qualified fine art appraiser or other evidence satisfactory to the commission, including, but not limited to, bona fide invoices, purchase orders or agreements, and auction records. Utility and maintenance costs incurred to operate and maintain the public arts amenity over time shall not be considered in determining the value of the proposed public arts amenity.

2.

If an amenity is public art, it has intrinsic quality and enduring value beyond any decorative characteristics.

3.

The public arts amenities are truly public art or amenities and are compatible with and enhance the aesthetic quality of the building site. The relationship of the fine art to the site in terms of physical size, shape and colors shall be considered as well as the social and cultural interaction of the fine art with the space it ornaments.

D.

The community services commission may recommend proposed fine art subject to such conditions that the commission deems reasonably necessary for such fine art to satisfy the standards set forth in subsection C of this section. Upon the written request of the property owner, the commission may later reconsider a decision recommending denial of an application if the applicant installs such fine art on the subject site and is able to demonstrate to the satisfaction of the commission that the fine art as installed meets the standards set forth in subsection C of this section. Such request for reconsideration also may be made by the property owner and considered by the commission if changes are made either to the subject building or the proposed fine art such that there are new facts upon which the commission may reconsider its earlier recommendation for denial.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 3, 3-15-23)

17.19.050 - Location of public arts amenities.

A.

The public arts amenities required by this chapter shall be located in a public place.

"Public place" means any area on public or private property which is easily accessible and clearly visible to the general public. If located on private property, the area must be open to the general public and clearly visible from adjacent public property such as a street or other public thoroughfare or sidewalk.

C.

When requested by the applicant for the certificate of occupancy, the community services commission may recommend a site on city owned property; subject to final approval by the city council.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 4, 3-15-23)

17.19.060 - Timing of installation or payment.

A.

Prior to final inspection of construction or reconstruction that triggers the requirements of this chapter, all public arts amenities required by this chapter shall be installed as recommended by the community services commission and approved by the city council.

B.

Prior to the issuance of a building permit that triggers the requirements of this chapter, the applicant shall make either the in lieu payment authorized by this chapter or the applicant shall deposit with the city cash, a letter of credit, or other security satisfactory to the director of building and safety, in an amount equal to the value of the fine art required by Section 17.19.020(A) of this chapter. The security shall guarantee installation of fine arts amenities as required by this chapter. If the fine arts amenities required by this chapter are not installed within three months after final inspection of the construction or reconstruction that triggers the requirements of this chapter, then the applicant shall forfeit the security posted with the city. The city shall be empowered to use the security to purchase and install alternate fine art in a public place within the city. In addition, the city may utilize any other means available to remedy a violation of this chapter.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 5, 3-15-23)

17.19.070 - Ownership, maintenance, operation and insurance. ¶

The holder of the certificate of occupancy of the structure for which public arts amenities subject to the provisions of this chapter is designated shall:

A.

Own such public arts amenities, and if the building is sold, shall transfer ownership of the amenities as an integral part of the sale of the building;

Maintain such amenities at the on site location as approved by the city council unless a different on site location is authorized in writing by the city council; or reimburse the city for the cost of maintenance where the amenity is located on city property pursuant to Section 17.19.050(C);

C.

If a public arts amenity is not public art, at all times contract for the operation of such amenity in the interest for the public by a government entity or a nonprofit entity certified by the Internal Revenue Service as exempt from income tax pursuant to Section 501(c)(3) of the Internal Revenue Code; and

D.

Maintain in full force and effect, at all times, insurance coverage in the amount of the purchase price and would insure such public arts amenities against any loss or damage, including vandalism.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 6, 3-15-23)

17.19.080 - Separate fund for public arts amenities. ¶

All monies paid pursuant to Section 17.19.020(B) of this chapter in lieu of procurement and placement of public arts amenities shall be held in a separate fund of the city, and shall be used solely for the acquisition, installation, improvement, maintenance, and insurance of public arts amenities located in the city. Any public arts amenities purchased with such funds shall be the property of the city.

(Ord. 1046 § 2 (part), 2007)

17.19.090 - Final action by city council. ¶

Editor's note— Ord. No. 1229, § 7, adopted March, 15, 2023, amended the title of § 17.19.090 to read as herein set out. The former § 17.19.090 title pertained to appeal to council.

Community services commission recommendations will be submitted to the city council for final action.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 7, 3-15-23)

17.19.100 - Periodic review. ¶

The requirements of this chapter and the operation of the program created by this chapter shall be reviewed on a quarterly basis by the city council or city manager (or his/her designee) to ensure that the program is operating efficiently and in compliance with the purpose for which it was approved.

(Ord. 1046 § 2 (part), 2007)

Chapter 17.20 - ADMINISTRATIVE VARIANCE

17.20.010 - Title.

This chapter shall be known as the "Administrative Variance Ordinance."

(Ord. No. 1222, § 1, 12-15-21)

17.20.020 - Purpose and intent. ¶

The purpose of administrative variances is to allow for an administrative procedure for limited adjustments to the provisions in order to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this title. It is also intended that, with respect to accessory structures for existing single-family residential uses, certain adjustments shall be subject to the director's review procedures, rather than an administrative variance.

(Ord. No. 1222, § 1, 12-15-21)

17.20.030 - Authority. ¶

The planning and building services director may grant administrative variances where there is a justifiable cause or reason; provided, however, that it does not constitute a grant of special privilege inconsistent with the provisions and intentions of this title. A public hearing shall not be required for granting of an administrative variance.

(Ord. No. 1222, § 1, 12-15-21)

17.20.040 - Limitations on administrative variances.

Only the following variances may be granted by the planning and building services director or designee, subject to the following limitations:

1.

Fence Height. In any district, the maximum height of any fence, wall or equivalent screening may be increased by a maximum of two feet where either the use or adjoining sites warrant an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence, wall or screening.

2.

Setbacks. In any residential district, the Planning and Building Services Director may decrease minimum setbacks by not more than five feet where the proposed setback area or yard is in character with the surrounding neighborhood, and where such decrease will not unreasonably affect contiguous sites.

3.

Lot Coverage. In any zoning district, the Planning and Building Services Director may increase the maximum allowable lot coverage by not more than twenty-five percent where such increase is necessary for significantly improved site planning or architectural design, creation or maintenance of views or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites.

Height. In any district, the planning and building services director may authorize a twenty-five percent increase in the maximum allowable building height. Such increases may be approved only where necessary to accommodate architectural design, where scenic views or solar access on surrounding properties are not affected and where there is no increase in useable square footage of the proposed structure.

5.

Carports. The planning and building services director may authorize an administrative variance for any carport structure within the required front and side setbacks and may impose design standards for the carport structure in character with the surrounding neighborhood.

(Ord. No. 1222, § 1, 12-15-21)

17.20.050 - Notification. ¶

The planning and building services director shall notify contiguous property owners and other such interested parties as he or she deems necessary of the application and pending decision. The notification shall state the following:

1.

Requested action;

2.

Location of requested action (parcel and lot number);

3.

Name and address of applicant; and

4.

Date after which a decision will be made on application.

If a protest of the proposed administrative variance is received by the community development director from an affected party prior to its effective date, the community development director shall forward the administrative variance to the planning commission for review and action.

(Ord. No. 1222, § 1, 12-15-21)

17.20.060 - Required findings. ¶

The planning and building services director, when acting on an administrative variance, shall make all of the following findings prior to approving an application for an administrative variance:

1.

That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship;

2.

That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district;

3.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district;

4.

That the granting of the administrative variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

5.

That the granting of an administrative variance is consistent with the objectives and policies of the general plan and the intent of this title.

6.

2.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3.

The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

4.

The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.

"Collocation" has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for eligible facilities requests only, "collocation" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he mounting or

installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency (RF) signals for communications purposes."

"Director" means the Calexico Planning & Building Director, or designee.

"Eligible facilities requests" has the same meaning as that term is defined in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."

"Eligible support structure" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section."

"Equipment" means any and all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, RRUs, cable, conduit, connectors, batteries, and generators.

"Equipment cabinet" means an enclosure used to house multiple items of equipment associated with a wireless telecommunications facility.

"Existing" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's eligible facilities request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."

"Federal Aviation Administration" or "FAA" means the Federal Aviation Administration or its lawful

successor.

"Federal Communications Commission" or "FCC" means the Federal Communications Commission or its lawful successor.

"Height" of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.

"Monopole" means a single freestanding pole, post, or similar non-lattice structure used to support antennas and equipment associated with a wireless telecommunications facility.

"Personal wireless services" has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services."

"Public property" is commonly used as a designation of those things which are considered owned by "the public," the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality. It does not include public right-of-way.

"Public right-of-way" means and includes all land or interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for street or highway purposes.

"Public safety facilities" means facilities used only for public safety functions and owned or operated by governmental entities such as police, fire and emergency operators.

"Roof-mounted" or "building-mounted" antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building, tank or similar structure other than a tower.

"Site" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the eligible facilities request process."

"Small wireless facility" has the same meaning as provided in 47 C.F.R. § 1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:

The facility:

a.

Is mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or

b.

Is mounted on structures no more than ten (10) percent taller than other adjacent structures; or

c.

Does not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater;

2.

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume;

3.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

4.

The facility does not require antenna structure registration under part 17 of this chapter;

5.

The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and

6.

The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

"Stealth facility" means any wireless telecommunications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless telecommunications facility.

"Substantial change" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

a.

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

2.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

a.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

b.

It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than thirty (30) feet in any direction. The site boundary from which the thirty (30) feet is measured excludes any access or utility easements currently related to the site;

c.

It would defeat the concealment elements of the eligible support structure; or

d.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.6100(b)(7)(i) through (iv).

"Tower" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as "[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site." Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include utility poles.

ures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site." Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include utility poles.

"Transmission equipment" has the same meaning as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul."

"Utility pole" means any structure designed to support electric, telephone, and similar utility lines, but does not include an electric pole used solely for the transmission of electricity at fifty (50) kilovolts or higher. A tower is not a utility pole.

"Wireless telecommunications facility" or "facility" means an unstaffed facility at a fixed location, generally consisting of antennas, an equipment cabinet or enclosure, building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data.

(Ord. No. 1251, § 1, 2-4-26)

17.22.030 - Exemptions. ¶

The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Calexico Municipal Code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.

A. Over-the-Air-Reception-Devices (OTARD) Antennas.

1.

Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and

2.

Conditional Use Permit. A conditional use permit issued in accordance with the procedures set forth in Chapter 17.01, Article V of the Calexico Municipal Code is required for the installation of any wireless telecommunications facility that is not an eligible facilities request subject to an antenna permit pursuant to section 17.22.040, or is not eligible for processing with a development review permit as set forth in subsection (B)(1) above, or a temporary use permit as set forth in section (C), below. Following receipt of an application for a conditional use permit subject to this chapter, the director shall provide written notice of the pending application to all parcel owners within three hundred (300) feet of the proposed facility.

C.

Temporary Facilities - Temporary Use Permit. A temporary use permit issued in accordance with the procedures set forth in Chapter 17.11, Article I is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code section 8558 requiring additional service capabilities for a period not to exceed ninety (90) consecutive days.

D.

License Agreement. A license agreement entered into with the city shall be required for use of or attachment to any city-owned streetlights, vertical infrastructure or other city-owned property within the public right-of-way or on city-owned public property.

(Ord. No. 1251, § 1, 2-4-26)

17.22.060 - Application Submittal Requirements. ¶

An applicant seeking an approval subject to this chapter shall complete and submit an application to the planning and building department for review and processing, upon the form published by the director, which may be updated from time to time. This shall be separate from any other regulatory application from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) or Imperial County

Airport Land Use Commission (ALUC). Depending on a proposed wireless telecommunications facility's proximity to the Calexico International Airport, an application to the FAA for a determination of no hazard to air navigation and to the ALUC for a determination of consistency with the Imperial County Airport Land Use Compatibility Plan may be required.

(Ord. No. 1251, § 1, 2-4-26)

17.22.070 - Findings. ¶

The hearing body or individual considering an application for a development review permit or a conditional use permit subject to this chapter may approve the application only upon making the following findings, or to the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested a limited exception pursuant to Section 17.22.090 and the findings for granting a limited exception can be made.

A.

Development Review Permit (Non Eligible Facilities Requests): The director may approve a development review permit application subject to this chapter in whole or in part, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings of fact can be made in an affirmative manner:

1.

The facility complies with all applicable requirements of this chapter, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has met the requirements for a limited exception as outlined in 17.22.090; and

2.

The proposed facility will comply with all generally applicable laws.

B.

Conditional Use Permit: The planning commission may approve a conditional use permit application subject to this chapter in whole or in part, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings of fact can be made in an affirmative manner:

1.

All findings for approval required for conditional use permit as specified in Section 17.01.540; and

2.

The proposed facility will comply with all generally applicable laws.

(Ord. No. 1251, § 1, 2-4-26)

17.22.080 - Design, Development, and Location Standards. ¶

Each wireless telecommunications facility subject to this chapter (except eligible facilities requests) shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section.

A.

Location Standards. When considering compatibility of a location and structure for wireless telecommunications facilities, applicants shall propose those that will be the least intrusive to community character and values. Subsection (B) of this section provides a ranking that describes zoning districts where facilities are least compatible to most compatible with other uses. Subsection (C) of this section provides the city's preference for placement on particular structures. Subsection (D) provides additional special considerations for site selection on public rights-of-way. Subsection (E) of this section provides general design standards.

B.

Ranked Locations. Applicants must propose placement of new towers or new structures for wireless telecommunications facilities in locations with the least intrusive land use designation (i.e., zone) that are technically feasible and potentially available. Applications proposing placement in Tier I must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows the Tier II or III land use tiers are not technically feasible and available. The following land use tiers are ranked from least compatible to most compatible:

Tier I (Least compatible) - All residential zones, including mobile home park zone and planned development zone.

Tier II (Possibly compatible) - Open space zone and all commercial zones.

Tier III (Most compatible) - All industrial zones.

C.

Structure Selection. Applicants shall propose placement on the most compatible structure that is technically feasible and available. Any application to place a wireless telecommunications facility on a structure other than the most compatible structure must include a written justification, based on factual and verifiable evidence, that shows no more compatible structure is technically feasible and available.

1.

Structure Selection on Private and Public Property. The following structures are ranked from least compatible (a) to most compatible (e) on parcels:

New (nonreplacement) structures (New towers, monopoles, and other standalone facilities).

b.

Historic structures and buildings that are listed or qualify for listing on the California Office of Historic Preservation Resources registry or the national register of historic places.

c.

Existing (or replacement) nonbuilding structures, such as water towers, water tanks/ reservoirs, grain bins or silos, without existing wireless facilities.

d.

Existing nonbuilding structures, such as monotrees, faux water towers, water tanks/ reservoirs, grain bins or silos with existing wireless facilities.

e.

Existing buildings, such as rooftop or façade mounted, within steeples, faux cupolas and other buildings with sufficient capacity to support a facility.

2.

Structure Selection on Public Rights-of-Way. New (non-replacement) structures of any type (utility pole or non-pole) are the least compatible structures to use on public rights-of-way. Deployment on existing (or replacement) utility poles and streetlights are the most compatible and preferred structures. Selection of structures/locations in the public right-of-way is also subject to the limitations in subsection (D) of this section.

D.

Public Right-of-Way Location Selection Standards. Wireless telecommunications facilities are not permitted in the following locations in the public right-of-way unless the application includes a written justification, based on factual and verifiable evidence, that shows no structure/location is technically feasible and available outside these locations:

1.

Directly in front of the areas which are five (5) feet in either direction from the centerline of each entry door or window in the front facade of any occupied residential building.

2.

Within a three-hundred (300) foot radius from another wireless telecommunications facility within the public rights-of-way.

3.

Any location that would adversely affect the normal drainage of surface water, unless an acceptable remedy is included that will be advantageous to the general public.

4.

Any location that would adversely affect vehicular and/or pedestrian traffic or the parking of vehicles including placements in any visibility triangle that obstructs or restricts the view necessary for the safe operation of motor vehicles as determined by the director of public works.

5.

Any location that would adversely affect the root structure of any existing trees, or significantly reduce landscape area that may be used for tree planting.

6.

Any location within ten (10) feet of any driveways for police stations, fire stations, or other emergency responder facilities.

7.

Any location that would physically interfere with or impede access to any: (i) aboveground or underground infrastructure for traffic control, or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (ii) public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop; (iii) aboveground or underground infrastructure owned or operated by any public or private utility agency; (iv) fire hydrant or water valve; (v) doors, gates, sidewalk doors, passage doors, stoops, or other ingress and egress points to any building appurtenant to the right-of-way; or (vi) fire escape.

E.

Design Standards - General Requirements. This subsection (E) establishes generally applicable design standards for all facilities, except that eligible facilities requests are subject only to subsections 17.22.080(E)(4)—(12).

1.

Stealth/Concealment. All wireless telecommunications facilities must be stealth to the maximum extent feasible. Stealth concealment techniques include, without limitation: (a) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying structure; (b) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality such that they appear part of the original structure's design; and (c) concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment or adjacent uses. Colors and materials for wireless facilities shall be muted, subdued, nonreflective and chosen to minimize visibility to the greatest extent feasible.

Overall Height. On public and private parcels, facilities may not exceed more than twenty-five (25) feet above the maximum height allowed by the Calexico Municipal Code for the underlying zoning district where the facility is proposed. In the public right-of-way, wireless facilities on an existing pole may not have an overall height that exceeds the height of the existing pole by more than ten (10) feet and wireless facilities that involve a replacement pole or a new pole may not have an overall height that is more than ten (10) feet above the height of the replaced pole or existing poles in the vicinity unless additional height is necessary to comply with California Public Utilities Commission (CPUC) safety standards such as General Order 95.

3.

Setbacks. For towers proposed within three hundred (300) feet of a dwelling unit, the facility should be set back at least fifty (50) feet or the height of the facility, whichever is greater, measured from the base of the proposed tower to the closest occupied dwelling unit structure, not including attached garages. Otherwise, the standard setback for the applicable zoning district shall apply.

4.

Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, nonreflective hues that match the underlying structure or blend with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials. All finishes shall be subject to the reviewing authority's prior approval.

5.

Trees and Landscaping. All wireless facilities proposed to be placed in a landscaped area must include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape and irrigation plan. Any existing landscaping shall be maintained to the maximum extent feasible. The reviewing authority may require additional landscape features to screen the wireless telecommunications facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this chapter. All plants proposed or required must be reviewed as part of a formal landscaping plan and approved by the city.

6.

Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in the Calexico Municipal Code. The reviewing authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigating strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.

7.

Lights. Wireless facilities may not include exterior lights other than as may be required under the Federal Aviation Administration, FCC, or other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.

8.

Signage, Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the reviewing authority, required by law or recommended under FCC or other federal governmental agencies for compliance with RF emissions regulations.

9.

Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features.

10.

Fire Safety. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities shall be proactively monitored and maintained to continue and, if possible, improve the safety design.

11.

Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, the Calexico Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.

12.

Public Health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.

(Ord. No. 1251, § 1, 2-4-26)

17.22.090 - Limited Exceptions to Design, Development and Location Standards.

The director and/or the hearing body considering the application may grant exceptions to the design, development and location standards for wireless telecommunications facilities subject to this chapter, if it is determined that denial of an application or strict adherence to the design, development and location standards would:

1.

Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or

2.

Otherwise violate applicable laws or regulations; or

3.

Require a technically infeasible location, design or installation of a wireless telecommunications facility; or

4.

Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.

B.

To be considered, the applicant must request an exception at the time of application submittal, and the applicant has the burden of proof.

C.

If the director and/or the hearing body considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.

(Ord. No. 1251, § 1, 2-4-26)

17.22.100 - Standard Conditions of Approval. ¶

All permits issued in accordance with this chapter, except for EFR antenna permits and temporary use permits, whether approved by the director and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The director and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.

A.

Permit Term. All permits approved pursuant to this chapter shall run with the land and shall expire upon permit revocation and/or abandonment of the corresponding telecommunications facility. A new application

shall be required for a revoked, lapsed, and/or expired permit.

B.

Compliance with Laws. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

C.

Inspections—Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility when the facility threatens imminent harm to persons or property.

D.

Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the director upon permittee's receipt of the director's written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the director upon that person's verbal request.

E.

Indemnities. The permittee and, if applicable, the owner of the private property upon which the facility is installed shall defend, indemnify and hold harmless the City of Calexico, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.

F.

Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions,

including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.

G.

General Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

H.

Graffiti Removal. All graffiti on facilities must be removed at the sole expense of the permittee within fortyeight (48) hours after notification from the city.

I.

Radio Frequency (RF) Emissions Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must provide the city documentation demonstrating compliance with all applicable RF emissions exposure standards as certified by a licensed engineer.

J.

Build-Out Period. Any permit issued under this chapter shall lapse two (2) years after its date of approval unless one of the following has occurred:

1.

The facility is constructed or modified as approved and in operation; or

2.

The build-out period is extended by the city authority which originally approved the permit; or

3.

A building permit has been issued, substantial money has been expended, and construction diligently pursued. Permittees seeking an extension of the two-year build-out period under this subsection (J)(3) shall provide adequate supporting documentation to the director demonstrating its efforts to date, which may include but is not limited to plans submitted for plan review, executed contracts with contractors or subcontractors for the installation or modification of the facility or other documentation.

K.

Lapse. The permit shall automatically lapse if, after the commencement of operation of the facility, there is a discontinuance of the exercise of the entitlement granted by the permit for six (6) consecutive months or more.

L.

Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:00 a.m. and 5:00 p.m., except that testing is prohibited on holidays that fall on a weekday.

M.

Utilities Undergrounded. Unless the facility is on a utility pole, extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.

N.

Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property.

O.

Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.

P.

Modifications. No changes shall be made to the approved plans, except for like-for-like modifications, replacements, alterations, and/or additions consist of upgrades or exchanges of equipment that are substantially similar in appearance and the same or less in size, dimensions, weight, and RF emissions to the then-existing and approved equipment, without review and approval in accordance with this chapter.

Q.

Performance and Maintenance. All wireless telecommunications facilities, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) calendar days from the time of notification by the city or after discovery by the permittee.

R.

Conflicts with Improvements. For all wireless telecommunications facilities located within the public rightof-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.

S.

City Access. The city reserves the right of its employees, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the city reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The city shall make an effort to contact the permittee, prior to disabling or removing wireless telecommunications facility elements.

T.

Encourage Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.

U.

Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating

in violation of federal standards, the permittee shall promptly provide the director with a copy of any notice of such violation issued by any federal agency and shall notify the director as applicable once the facility comes back into compliance with applicable standards.

V.

Discontinuance of Use. The facility shall be removed by permittee within ninety (90) calendar days of the discontinuation of the use or of permit expiration, whichever is earlier, and the site shall be restored to its previous condition. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of the facility within ninety (90) calendar days of the discontinuation of the use or of permit expiration, whichever is earlier. The permittee shall provide the planning and building department with a notice of intent to vacate the site a minimum of thirty (30) calendar days before vacation.

W.

Conditions of Approval for Eligible Facilities Requests. Any eligible facilities request approved pursuant to this chapter shall be subject to the following standard conditions:

1.

No Waiver of Standing. The city's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge any federal statute or regulation concerning eligible facilities request or any eligible facilities request.

2.

Permit Subject to Conditions of Underlying Permit. Permits for eligible facilities requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.

(Ord. No. 1251, § 1, 2-4-26)

17.22.110 - Peer review. ¶

The director and/or the hearing body considering the relevant permit application pursuant to this chapter may require the application, proposed findings, and conditions to be reviewed by an independent thirdparty peer review consultant of the city's choosing. The cost of the third-party peer review shall be the responsibility of the applicant.

(Ord. No. 1251, § 1, 2-4-26)

17.22.120 - Denial Without Prejudice Due to Failure to Respond to Notice(s) of Incompleteness. ¶

To promote efficient review and timely decisions, any application governed under this chapter regardless of type may be denied without prejudice by the director when the applicant fails to tender a substantive response to the city within one hundred twenty (120) calendar days after the director deems the application incomplete in a written notice to the applicant. The director, in his or her discretion, may grant a written extension for up to an additional thirty (30) calendar days when the applicant submits a written request

prior to the one-hundred-twentieth (120[th ] )day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.

(Ord. No. 1251, § 1, 2-4-26)

17.22.130 - Nonconforming Facilities. ¶

Nothing in this chapter shall validate any illegal or unpermitted wireless facilities installed prior to the effective date of this chapter. Any wireless telecommunications facility existing before the effective date of this chapter which is nonconforming to the provisions of this chapter may continue to be used. Such a facility may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this chapter, unless otherwise permitted by federal law.

(Ord. No. 1251, § 1, 2-4-26)

17.22.140 - Revocation. ¶

Permittees shall fully comply with all conditions related to any permit or approval granted under this chapter or any predecessors to this chapter. Failure to comply with any condition of approval or maintenance of the facility in a manner that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, as determined by the city in its sole discretion, following written notice and an opportunity to cure, the city may schedule a public hearing before the planning commission to consider revocation of the permit.

A.

If the permit is revoked pursuant to this section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior to the facility's installation or as

required by the city within ninety (90) days of revocation in accordance with applicable health and safety requirements.

B.

The permittee shall be responsible for obtaining all necessary permits for the facility's removal and site restoration.

C.

At any time after ninety (90) days following permit revocation, the city may require the facility to be removed and restoration of the premises as the city deems appropriate. The city may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The city may, in lieu of storing the removed facility, convert it to the city's use, sell it, or dispose of it in any manner deemed appropriate by the city.

(Ord. No. 1251, § 1, 2-4-26)