Chapter 18.42 — PERFORMANCE STANDARDS — Colton Zoning Code

18.42.010 - Purpose. ¶

The purpose of this chapter is to protect Properties in all Residential Zones and the health and safety of Persons from environmental Nuisances and hazards and to provide a pleasing environment in keeping with the nature of the residential character. The Performance Standards set maximum tolerability limits on adverse environmental effects created by any Use or Development of land.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.020 - Fire and explosion hazards. ¶

All activities involving, and all storage of, flammable and explosive Materials Shall be provided with adequate safety devices against hazards of fire and explosion by adequate firefighting and fire-suppression equipment and devices standard in Industry. Burning of waste Material in open fire is prohibited at any point.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.030 - Electrical Interference. ¶

No operation or activity Shall transmit, generate or otherwise cause any electrical, magnetic or electromagnetic radiation disturbance that affects the operation of any Use, equipment or process employed by any Use beyond the boundary of the site.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.040 - Noise. ¶

The maximum sound level radiated by any Use of Facility, when measured at the boundary line of the Property on which the sound is generated, Shall not be obnoxious by reason of its intensity, pitch or dynamic characteristics as determined by the City, and Shall not exceed 65 dBA.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.050 - Vibration. ¶

All activities Shall be operated so as not to generate ground vibration by equipment other than motor Vehicles, trains or by temporary construction or Demolition, which is perceptible without instruments by the average Person at or beyond any Lot Line of the Lot containing the activities.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.060 - Smoke. ¶

No operation or activity is Permitted to have operations which emit excessive Smoke, fumes or dust or which exceed the requirements, or levels, as specified by the South Coast Air Quality Management District

(SCAQMD).

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.070 - Odors. ¶

All activities Shall be operated so as not to emit Matter causing unpleasant odors which are perceptible by the average Person at or beyond any Lot Line of the Lot containing the activities.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.080 - Air quality. ¶

No operation or activity Shall cause the emission of any Smoke, fly ash, dust, fumes, vapors, Gases or other forms of air Pollution which can cause damage to health, animals, vegetation, or other forms of Property, or which can cause excessive soiling on any other Lot. No emission Shall be Permitted which exceeds the requirements of the SCAQMD or the requirements of any air quality plan adopted by the City.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.090 - Light. ¶

Lighting where provided to illuminate Private Property Shall be so arranged as to reflect away from adjoining Property or any public way and to be arranged so as not to cause a Nuisance either to Highway traffic or to the living environment.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.100 - Glare. ¶

No direct or reflected Glare, whether produced by Floodlight, high temperature processes such as combustion or welding, or other processes, so as to be visible from the boundary line of Property on which the same is produced, Shall be Permitted. Sky-reflected Glare from Buildings or portions thereof Shall be so controlled by such reasonable means as are practical to the end art), 1992)

18.42.110 - Fissionable or radioactive Materials. ¶

No operation or activities Shall be Permitted which result at any time in the release or emission of any fissionable or radioactive Materials into the atmosphere, the ground or Sewage systems.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.120 - Liquid or solid waste. ¶

No operation or action Shall Discharge at any point into any Public Street, Public Sewer, private Sewage disposal system, stream, body of water or into the ground, of any Materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in Sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accord with standards Approved by the California Department of Public Health or such other governmental agency as Shall have jurisdiction.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.130 - Heat or cold. ¶

No operation or activity Shall emit heat or cold which would cause a temperature increase or decrease on any adjacent Property in excess of ten degrees Fahrenheit, whether the change is in the air, on the ground, or in any Structure.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.42.140 - Enclosed Buildings. ¶

All operations, activities, or businesses shall be conducted within an enclosed building in compliance with California Building Codes as approved by Building and Safety Division. Exception may be permitted for outdoor uses, such as sales and storage with approval of a Conditional Use Permit.

(Ord. No. O-11-20, § 9, 10-20-2020)

Chapter 18.44 - HOME OCCUPATIONS*

18.44.010 - Purpose and intent. ¶

These regulations are provided so that certain Incidental and Accessory Uses May be established in Residential Developments under conditions, which will ensure their compatibility with the neighborhood. They are intended to protect the rights of residents to engage in certain Home Occupations that are harmonious with a residential environment.

(Ord. 0-08-03 § 2 (part), 2003)

18.44.020 - Application. ¶

An Application for a Home Occupation Permit Shall be made at the Community Development Department. Information Shall be provided to ensure that the Use complies with the applicable requirements listed in this chapter and Chapter 18.50 of this Code. Additional information May be requested by the Department. The Application for a Home Occupation Shall not be valid unless a current Business License is also obtained from the City.

(Ord. 0-08-03 § 2 (part), 2003)

18.44.030 - Criteria. ¶

A.

The Home Occupation Shall be an Incidental and Accessory Use and Shall not change the principal character of the Dwelling Unit.

B.

There Shall be no Employees other than members of the residential Family living in the residence.

C.

There Shall be no Use of Materials or equipment not recognized as being customarily found and Used in Residential Zones.

D.

The Use Shall not generate Pedestrian or vehicular traffic beyond that normally found in the Zone in which it is located.

E.

The Home Occupation Shall not involve the Use of commercial Vehicles for delivery of Materials to or from the Premises for Commercial Purposes.

F.

There Shall be no outside storage of Materials and/or supplies.

G.

The Use Shall not involve the placement of Signs, except those Permitted by Chapter 18.50 of this Code.

H.

Not more than one room in a Dwelling or an Accessory Structure Shall be Used for the Home Occupation.

I.

In no way Shall the appearance of the Structure be so altered or the conduct of the Home Occupation within the Structure be such that the Structure May reasonably be recognized as serving a nonresidential Use. The architecture, color, Materials, construction and lighting of the exterior of the Structure Shall be reasonably compatible with surrounding residences.

J.

There Shall be no Use of utilities beyond that normally required for Use of the Property for residential purposes.

K.

There Shall be no direct Sales of products or merchandise from the home.

(Ord. 0-08-03 § 2 (part), 2003)

18.44.040 - Criteria for Home Occupations in residences listed on the City Register of Historic and Scenic Resources.

Notwithstanding the matrix of Uses Permitted in each Zone contained in Section 18.06.060, a Home Occupation established in a Residential Zone within a residence listed on the City Register of Historic and

Scenic Resources Shall be an Incidental and Accessory Use and Shall not change the principal character of the Dwelling Unit. It Shall comply with the Following:

A.

There Shall be no Employees other than members of the residential Family living in the residence.

B.

The Use Shall not generate Pedestrian or vehicular traffic beyond that normally found in the zone in which it is located.

C.

The Home Occupation Shall not involve the Use of commercial Vehicles for delivery of Materials to or from the Premises for Commercial Purposes.

D.

There Shall be no outside storage of Materials and/or supplies.

E.

The Use Shall not involve the placement of Signs, except those Permitted by Chapter 18.50 of this Code.

F.

G.

There Shall be no Use of utilities beyond that normally required for Use of the Property for residential purposes.

H.

All Permitted accessory retail Sales activities Shall only operate between the hours of nine a.m. and nine p.m. seven Days a week.

(Ord. 0-08-03 § 2 (part), 2003)

18.44.050 - Prohibited Uses. ¶

The Following Uses by the nature of the investment or operation are deemed to have a pronounced and deleterious effect on surrounding residential Uses and, once started, tend to rapidly increase beyond the limits Permitted for Home Occupations. They substantially impair the public health, safety and welfare of Persons residing in a neighborhood and are prohibited in all Residential Zones. Such Uses, include, but are not limited to Following:

A.

Auto repair;

B.

Barber and beauty shops;

C.

Bicycle repair;

Carpentry work;

Dance instruction;

Laundering services;

Medical and dental offices;

H.

Painting of Vehicles, trailers and boats;

Photo developing;

J.

Photo studios;

K.

Private Schools with organized classes, except as Permitted by California Health and Safety Code for Day care Uses.

L.

Radio and television repair;

M.

Upholstering;

N. Welding.

(Ord. 0-08-03 § 2 (part), 2003)

18.44.060 - Noncompliance. ¶

The Community Development Director May revoke any Home Occupation Permit for noncompliance with conditions set in approving the Application in accordance with the requirements of Section 18.58.070 of this Code. Upon submittal of a timely Appeal, the Decision of the Community Development Director Shall be stayed pending Resolution of the Appeal.

(Ord. 0-08-03 § 2 (part), 2003)

Chapter 18.45 - WIND ENERGY CONVERSION SYSTEMS (WECS)

18.45.010 - Purpose and intent. ¶

The purpose of this Ordinance is to regulate the placement and operation of Wind Energy Conversion Systems (WECS) through the Conditional Use Permit process to ensure they are operated safely and with minimal impacts on surrounding Properties. A Conditional Use Permit for a WECS is intended to regulate and provide for the installation of WECS which are made feasible by prevailing winds within certain areas of the City. The conditions of the Permit are meant to ensure that a safe and beneficial environment, for both the WECS Development and the adjacent Properties, is provided.

(Ord. 0-13-99 § 1 (part), 1999)

18.45.020 - Applicability. ¶

WECS are Permitted in the Following zone classifications only when a Conditional Use Permit is granted pursuant to this chapter:

A.

M-1 (light industrial);

B. M-2 (heavy industrial).

(Ord. 0-13-99 § 1 (part), 1999)

18.45.030 - Application. ¶

Every Application for a Conditional Use Permit Shall be made in writing to the Planning Commission on the forms provided by the Community Development Department and Shall be accompanied by the filing Fee established by City Council Resolution. Applications Shall be reviewed by the Planning Commission for conformance with this section. The Application Shall include the Following information:

A.

Name and address of the Applicant.

B.

Evidence that the Applicant is the Owner of the Property involved or has Written Permission of the Owner to make such Application.

C.

A Plot plan and Development plan drawn in sufficient detail to clearly describe the Following:

1.

Physical dimensions of the Property;

2.

Location and physical dimensions of existing and proposed Structures;

3.

Location of electrical lines and facilities;

4.

Existing topography;

5.

Setbacks;

6.

Circulation;

7.

Ingress and egress;

8.

Utilization of the Property under the requested Permit.

D.

Utility interconnection data and a Copy of Written notification to the Utility of the proposed interconnection.

A photograph or detailed drawing of each model of WECS including the tower and foundation, and one or more detailed perspective drawings showing the site fully developed with all proposed WECS and Accessory Structures.

F.

Specific information on the type, size, rotor Material, rated power output, performance, safety and Noise characteristics of each model of WECS.

G.

Specific information on the type, height, Material and safety of each model of tower.

H.

A site preparation and installation schedule.

I.

A vicinity map or aerial photograph describing the location, including distances from existing and proposed WECS, of all surrounding land Uses which are within one mile of any Property proposed for WECS installation.

J.

Drawings that show phase spacings, configurations and grounding practices of any proposed electrical distribution lines.

K.

If the Application includes any WECS that require the Approval of a height greater than allowed in Section 18.26.090, a Variance Application, pursuant to Section 18.58.040 of the Zoning Ordinance, Shall be filed concurrently.

L.

An Application including any WECS which is located within two miles of any microwave communications link Shall be accompanied by a Copy of a Written notification to the Operator of the link or evidence that no WECS are located in the microwave path.

M.

An Application including any WECS which is located within a one hundred-Year Floodplain area, as such Flood hazard areas are shown on the Zoning Map, Shall be accompanied by a detailed report which Shall address the potential for wind erosion, water erosion, sedimentation and Flooding, and such report(s) Shall propose mitigation measures for such impacts to the extent that such impacts are caused by the proposed WECS.

N.

Such additional information as Shall be reasonably required by the Community Development Director.

(Ord. 0-13-99 § 1 (part), 1999)

18.45.040 - Standard and Development criteria. ¶

Height Limits.

1.

No WECS Shall exceed forty feet in height, measured at the top of the blade in the twelve o'clock position. Where unusual conditions warrant, a lower height limit May be imposed as a condition of Approval of a Conditional Use Permit.

B.

Setbacks.

1.

(Ord. 0-13-99 § 1 (part), 1999)

18.45.050 - Use of Permit. ¶

A.

Conditional Use Permit—Expiration. Revocation and Appeals. The Conditional Use Permit May be expired, revoked, and Appealed in the manner set forth in Section 18.58.070.

B.

Replacement.

The replacement of all individual WECS are subject to the Conditional Use Permit process including the required Public Hearing so that staff can evaluate any possible new conditions.

2.

WECS replacements not meeting the criteria above require Approval of a subsequent Conditional Use Permit.

3.

Any WECS on which the cost of Alteration, restoration, repair or rebuilding in a twelve Month period exceeds seventy-five percent of the replacement cost and Shall be subject to subsections (B)(1) and (2) of this section.

(Ord. 0-13-99 § 1 (part), 1999)

Chapter 18.46 - NONCONFORMING STRUCTURES AND USES

18.46.010 - Purpose. ¶

This chapter is intended to limit the number and extent of Nonconforming Uses by regulating their enlargement, their reestablishment after abandonment, and the Alteration or restoration after destruction of the Structures they occupy. In addition, this chapter is intended to limit the number and extent of Nonconforming Structures by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Code.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.46.020 - Nonconforming Lots of Record.

If two or more Lots or combinations of Lots and portions of Lots with continuous Frontage in single ownership are of record at the time of amendment of this title, and if all or Part of the Lots do not meet the requirements established for Lot Width and area, the lands involved Shall be considered to be an undivided Parcel for the purposes of this section, and no portion of said Parcel Shall be Used or sold in a manner which diminishes compliance with Lot Width and area requirements established by this title, nor Shall any division of any Parcel be made which creates a Lot with width or area below the retirements stated herein.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.46.030 - Nonconforming Uses of Land. ¶

Where lawful Use of land exists which would not be Permitted by the regulations imposed by this title, and where such Use involves no individual Structure with a replacement cost exceeding ten thousand dollars, the Use May be continued so long as it remains otherwise lawful, provided:

A.

No such Nonconforming Use Shall be enlarged or increased nor extended to occupy a greater area of land that was occupied at the effective date of the Ordinance codified in this title.

B.

No such Nonconforming Use Shall be moved in whole or in Part to any portion of the Lot or Parcel other than that occupied by such Use at the effective date of adoption of the Ordinance codified in this title or amendment by this title.

C.

If any such Nonconforming Use of land ceases for any reason for a period of more than sixty Days, any subsequent Use of such land Shall conform to the regulations specified for the zone in which such land is located.

D.

No additional Structure not conforming to the requirements of this title Shall be erected with such Nonconforming Use of land.

On any Nonconforming Structure or portion of a Structure containing a Nonconforming Use, work May be done in any period of twelve consecutive Months on ordinary repairs, or on repair or replacement of nonbearing Walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the Nonconforming Structure, or Nonconforming portion of the Structure as the case May be; provided, that the cubic content existing when it became Nonconforming Shall not be increased.

B.

If a Nonconforming Structure or portion of Structure containing a Nonconforming Use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it Shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zone in which it is located. Nothing in this section Shall be deemed to prevent the strengthening or restoring to a safe condition of any Building or Part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.46.065 - Off-Street Parking and Loading Facilities.

Where off-street parking or loading facilities do not conform to the provisions of this title, or where no such parking or loading facilities have been provided for buildings or uses prior to the effective date of any ordinance which made them nonconforming or which required such facilities where none were provided, such buildings or uses shall not be enlarged, expanded, constructed or reconstructed nor may additional facilities be provided until after the requirements for off-street parking and loading space have been complied with.

(Ord. No. O-05-13, § 2(Exh. A(24)), 10-10-2013)

18.46.070 - Extension Periods for Residential Purposes.

A.

Definitions. For purposes of this Section 18.46.070, the Following words and phrases are defined as follows:

"Discontinued or Abandoned" means that the Use for residential purposes of a Nonconforming Residential Structure has been Discontinued or Abandoned for a period of time that exceeds three Months but is less than twenty-four Months.

"Nonconforming Extension" means an Approval granted by the Design Review Committee or the Community Development Director, as appropriate, to continue the Use for residential purposes of a Nonconforming Residential Structure that has been Discontinued or Abandoned.

"Nonconforming Residential Structure" means a Structure Used for residential purposes or a Structure and Premises Used in combination for residential purposes located in a zone where such Use for residential purposes would not otherwise be Permitted by the regulations imposed by this title.

B.

General Rule for Residential Nonconforming Extensions. Notwithstanding any provision to the contrary in this chapter, a Nonconforming Residential Structure, which was otherwise lawful prior to the zoning amendment categorizing it Nonconforming and which has been Discontinued or Abandoned, May be continued to be Used for residential purposes for a period of time as specified in subsection (B) below, subject to the Approval of a Nonconforming Extension.

C.

Approval Authority. Approval or denial of a Nonconforming Extension Shall be subject to the provisions of subsection (D) below. The Design Review Committee May grant an initial Nonconforming Extension for up to three Years. In addition, the Community Development Director may, upon the Director's own initiative and with the Written concurrence of the Property Owner, administratively grant additional extensions of up to three Years each, subject to the minimum conditions set forth in subsections (E)(1) and (E)(2) below and provided that the continued Use of the Nonconforming Residential Structure satisfies the requirements of subsections (D)(1) through (D)(3) below.

D.

Required Findings. The Design Review Committee or the Community Development Director, as appropriate under subsection (C) above, Shall make the Following findings before granting an initial Nonconforming Extension:

1.

The Nonconforming Residential Structure is not being enlarged, increased or extended in such a way as to occupy any Part of the Nonconforming Residential Structure that was not occupied on the effective date that it became Nonconforming.

2.

The Nonconforming Residential Structure complies with the minimum Dwelling Unit size prescribed in the Colton Municipal Code for the type of residential Structure being extended and continued.

3.

Extension of the Nonconforming Residential Structure will not be detrimental to the public health, safety and welfare, or Materially injurious to Properties or Improvements in the vicinity.

E.

Nonconforming Extension Conditions. All Nonconforming Extensions Shall be subject to the Following conditions, as well as any other conditions determined by the Design Review Committee or the Community Development Director, as appropriate under subsection (C) above, to be reasonably necessary for the public health, safety and welfare:

The Property Owner Shall enter into an agreement, acceptable to the Community Development Director and City Attorney, agreeing to the conditions of Approval for the extension of time, agreeing to terminate the Use upon the termination of the authorized time period and Securing such termination and necessary construction or Demolition work with appropriate forms of security. The agreement Shall be recorded as a covenant against the Property to advise subsequent Buyers of these requirements.

2.

The Applicant Shall not enlarge, increase or extend any Nonconforming Residential Structure in such a way that it occupies any Part of the Nonconforming Residential Structure that was not occupied on the effective date that it became Nonconforming.

(Ord. 0-10-01 § 1, 2001)

Chapter 18.47 - DEEMED APPROVED ALCOHOLIC BEVERAGE SALES

18.47.010 - Purpose. ¶

The purpose of this chapter is to support the City's current requirement for approval of conditional use permits prior to establishing new and/or expanded alcohol sales activities by conferring Deemed Approved Status for all existing, lawfully established non-conforming Alcoholic Beverage sales activities. This chapter provides standards for the continued operation of Alcoholic Beverage Sales Establishments, and sets forth grounds for the modification, revocation and/or termination of deemed approved permits for establishments violating this chapter. Specific purposes for enacting this chapter are as follows:

A.

To protect residential, commercial, industrial and civic areas from the harmful effects attributable to the sale of Alcoholic Beverages and minimize the adverse impacts of nonconforming and incompatible uses;

B.

To provide opportunities for Alcoholic Beverage Sales Establishments to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

C.

To provide mechanisms to address problems associated with the public consumption of Alcoholic Beverages such as litter, loitering, graffiti, unruly behavior, violence, vandalism, and escalated noise levels;

D.

To provide that Alcoholic Beverage Sales Establishments are not to become the source of undue public nuisances in the community;

E.

To provide for properly maintained Alcoholic Beverage Sales Establishments so that the secondary effects of negative impacts generated by these activities on the surrounding environment are mitigated;

F.

To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation; and

G.

To promote a healthy and safe business environment in the City through appropriate and consistent land use regulations and to encourage the establishment of businesses that will benefit both the local economy and residents while not placing an undue strain on City resources or surrounding businesses.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.020 - Applicability. ¶

The provisions of this chapter shall apply to the extent permissible under other laws to all legal, nonconforming Alcoholic Beverage Sales Establishments, as defined in Section 18.47.030, located in the City that sell Alcoholic Beverages for on- or off-site consumption.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.030 - Definitions.

The meaning and construction of these words and phrases, as set forth below, shall apply throughout, except where the context clearly indicates a different meaning or construction.

A.

"Alcoholic Beverage" means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

B.

"Alcoholic Beverage Sales Activity" means the retail sale of Alcoholic Beverages for on-site or off-site consumption.

C.

"Alcoholic Beverage Sales Establishment" means an establishment where an Alcoholic Beverage Sales Activity occurs. Alcoholic Beverage Sales Establishments include but are not limited to the following recognized types of establishments: liquor stores, beer and wine stores, convenience markets, markets, neighborhood specialty food markets, retail sales establishments, wine shops, service stations, taverns, clubs, cocktail lounges, ballrooms, cabarets, dance bars, piano bars, billiard or game parlors, bowling alleys, nightclubs, dance halls, cafes, bars, restaurants with bars, full-service restaurants, fast food establishments, and breweries. For purposes of this chapter, an "Alcoholic Beverage Sales Establishment" also includes a general retail store, a grocery store and a retail pharmacy that devotes any percentage of its gross floor area to the sale and display of Alcoholic Beverages.

D.

"California Department of Alcoholic Beverage Control" or "ABC" refers to the department of the state empowered to act pursuant to Article 20, Section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

E.

"Deemed Approved Activity" means any legal nonconforming Alcoholic Beverage sales commercial activity (as defined below). Such activity shall be considered a Deemed Approved Activity so long as it complies with the deemed approved Performance Standards set forth in this chapter.

F.

"Deemed Approved Status" means the permitted use of land for a Deemed Approved Activity. Deemed Approved Status replaces legal, nonconforming status for On-Sale and Off-Sale Alcohol Establishments with respect to Alcoholic Beverage sales commercial activity and remains in effect as long as it complies with the deemed approved provisions and Performance Standards of this chapter.

G.

"Enforcement Officer" means the chief of police or designee.

H.

"Illegal activity" means an activity, which has been determined to be in noncompliance with local, state or federal laws, the conditions of any applicable permits, or the deemed approved provisions and Performance Standards in this chapter. A Deemed Approved Activity may lose its Deemed Approved Status and if it does not comply with the deemed approved Performance Standards and/or other conditions applicable to its continued operation. In such cases it shall no longer be considered a Deemed Approved Activity.

I.

"Legal Nonconforming Alcoholic Beverage Sales Commercial Activity" or "Legal Nonconforming Activity" means an On-Sale and/or Off-Sale Alcoholic Beverage Sales Commercial Activity which was a legal, nonconforming use pursuant to Chapter 18.46, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to January 19, 2010. A "Legal Nonconforming Alcoholic Beverage Sales Commercial Activity" or "Legal Nonconforming Activity" includes all beverage sales activities of existing On-Sale and Off-Sale Alcoholic Beverage Establishments that are not in conformance with the regulations applicable to new On-Sale and Off-Sale Alcoholic Beverage Establishments contained in this title. Such an activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal Nonconforming Activity.

J.

"Modify" or "Modified" means the expansion or increase in intensity or substantial change of a use, as these terms are used in this chapter.

K.

"Off-Sale Alcoholic Beverage Establishment" means an establishment that conducts retail sales of Alcoholic Beverages for consumption off the Premises where sold.

L.

"On-Sale Alcoholic Beverage Establishment" means an establishment that conducts retail sales of Alcoholic Beverages for consumption on the Premises where sold.

M.

"Performance Standards" means regulations for the business practice activities and land use for locations with Deemed Approved Status, in whole or in part, or those further requirements imposed to achieve the purposes of this chapter. Performance Standards constitute requirements which must be complied with by an On-Sale or Off-Sale Alcoholic Beverage Establishment in order to retain its Deemed Approved Status.

N.

"Premises" means the actual space in a building devoted to Alcoholic Beverage sales.

O.

"Redeveloped" means the demolition of an existing On-Sale or Off-Sale Alcoholic Beverage Establishment (whether conducting permitted or conditionally permitted activities or Deemed Approved Activities) followed by the immediate reconstruction and operation of a replacement Off-Sale Alcoholic Beverage Establishment.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.040 - Deemed approved Alcoholic Beverage sales regulations.

Except as otherwise provided in this chapter, any legal nonconforming On-Sale or Off-Sale Alcoholic Beverage Establishment lawfully operating prior to January 19, 2010 pursuant to an ABC license that authorizes the retail sale of Alcoholic Beverages for on-site or off-site consumption shall thereafter be an establishment with Deemed Approved Status in accordance with Section 18.47.060. Such establishment may continue to lawfully operate provided the operation is conducted in compliance with the Performance Standards contained in Section 18.47.070, has satisfied the applicable training requirement, maintains a valid City business license and paid the annual regulatory fee required by this chapter.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.050 - Applicability of deemed approved Alcoholic Beverage sales regulations. ¶

The deemed approved Alcoholic Beverage sales regulations shall apply to all legal nonconforming Alcoholic Beverage sales activities for on-site or off-site consumption existing and operating within the City without an approved conditional use permit.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.060 - Automatic Deemed Approved Status. ¶

All legal nonconforming Alcoholic Beverage sales activities for on-site or off-site consumption, existing and operating within the City on January 19, 2010 shall automatically become deemed approved activities and shall no longer be considered legal nonconforming activities. Each Deemed Approved Activity shall retain its Deemed Approved Status as long as it complies with the Performance Standards of this chapter.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.070 - Deemed approved Performance Standards. ¶

The provisions of this section shall be known as the deemed approved Performance Standards. The purpose of these standards is to control dangerous or objectionable environmental effects of Alcoholic Beverage Sales Activities. These standards shall apply to all deemed approved Alcoholic Beverage Sales Activities that hold Deemed Approved Status pursuant to this chapter. An Alcoholic Beverage Sales Activity shall retain its Deemed Approved Status only if it conforms to all of the following deemed approved Performance Standards:

A.

The alcohol establishment shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

B.

The alcohol establishment shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

C.

The alcohol establishment shall not allow repeated nuisance activities within the Premises or in close proximity of the Premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking in surrounding neighborhoods, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct.

D.

The alcohol establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business license fees.

E.

The Off-Sale Alcohol Establishment's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

F.

A copy of these Performance Standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

G.

The owners and all employees of the alcohol beverage sales establishment involved in the sale of Alcoholic Beverages shall complete an approved course in "Responsible Beverage Sales" (RBS) within 60 days of hire for employees hired after the passage of this ordinance or within six months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the state of California.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.080 - Notification to owners.

The development services department shall notify the owner and/or operator of an alcohol establishment of each Deemed Approved Activity as shown on their City business license, and also, if not the same, any property owner at the address shown on the county assessor's property tax assessment records, of the activity's Deemed Approved Status. The notice shall be sent by first-class mail and certified mail return receipt requested and shall include a copy of the Performance Standards in this chapter with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all Performance Standards, and that the activity is required to comply with all other aspects of the deemed approved regulations. Should the notice be returned, then the notice shall be sent via regular mail. Failure of any person to receive notice given pursuant to this chapter shall not affect the Deemed Approved Status of the activity.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.090 - Grounds for Deemed Approved Status suspension, modification or revocation.

A.

An Alcoholic Beverage Sales Establishment's Deemed Approved Status may be suspended for up to one year, Modified or revoked by the planning commission after holding a public hearing for failure to comply with the Performance Standards set forth in Section 18.47.070.

Notice of such hearing by the planning commission at which it will consider the modification, suspension or revocation of an establishment's Deemed Approved Status shall be in writing and shall state the grounds therefore. Notice shall be mailed by first-class mail and certified mail return receipt requested at least 10 days before the date of the hearing.

The occurrence of any of the following shall be grounds for termination of the Deemed Approved Status of the Alcoholic Beverage Sales Activity after notice and a hearing in front of the planning commission and require an application be submitted for the issuance of a conditional use permit in order to continue the Alcoholic Beverage Sales Activity:

1.

An existing Alcoholic Beverage Sales Activity changes its activity so that ABC requires a different type of license.

2.

An existing Alcoholic Beverage Sales Activity is not in compliance with other provisions contained in this Title.

3.

There is a substantial modification to the mode or character of operation.

4.

As used herein, the phrase "substantial modification to the mode or character of operation" includes but is not limited to the following:

a.

The Off-Sale Alcoholic Beverage Sales Activity establishment increases the floor or land area or shelf space devoted to the display or sales of any Alcoholic Beverage.

b.

The Off-Sale Alcoholic Beverage Sales Activity establishment extends the hours of operation.

c.

The Off-Sale Alcoholic Beverage Sales Activity Establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period 180 days or greater by ABC.

d.

The Off-Sale Alcoholic Beverage Sales Activity voluntarily discontinues active operation for more than 180 consecutive days or ceases to be licensed by the ABC.

5.

A "substantial change in the mode of character of operation" shall not include:

a.

Re-establishment, restoration or repair of an existing Off-Sale Alcoholic Beverage Sales Activity on the same Premises after the Premises have been rendered totally or partially inaccessible by a riot, insurrection,

toxic accident or act of God, provided that the re-establishment, restoration or repair does not extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to Alcoholic Beverages of any establishment that sells any Alcoholic Beverages for off-site consumption.

b.

Temporary closure for not more than 180 days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the Premises and does not extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to Alcoholic Beverages of any establishment that sells any Alcoholic Beverages for off-site consumption, provided notice is provided to the City. The planning commission may, upon request of an owner of an Alcoholic Beverage Sales Establishment made prior to the expiration of 180 days, grant one or more extensions to the period of temporary closure, none of which may exceed 60 days, and together not to exceed 180 days.

6.

Once it is determined by the City that there has been a discontinuance of active operation for 180 consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a conditional use permit as provided in section 18.48.140 of this title. In the event that any active operation is discontinued on a property for a period of 180 consecutive days, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of 180 consecutive days or more, the Development Services Director shall notify the property owner in writing of the determination of presumed abandonment of the active operation. The property owner and/or business owner may appeal the determination to the planning commission, which may overturn the determination only upon making a finding that the evidence supports the property/business owner's position that the nonconforming use was not discontinued for a period of 180 consecutive days or more. The property/business owner shall be notified by the City of the termination of the Deemed Approved Status and shall be informed of the owner's right to appeal the City's decision to the planning commission.

(Ord. No. O-08-18, § 2, 6-5-2018)

18.47.100 - Investigative procedures. ¶

Upon the City's receipt of a complaint from the public, police department, City official or any other interested person that a deemed approved use is in violation of the Performance Standards set forth in this chapter, the following procedure shall be followed:

A.

An Enforcement Officer shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the Premises to assess the activity's compliance with Performance Standards.

B.

If the Enforcement Officer determines that the Deemed Approved Activity is in violation of the Performance Standards, the Enforcement Officer shall give written notice of the violation to the owner and/or operator of

the establishment and seek to remedy the violation under the City's administrative citation procedures contained in Chapter 8.12 of this Code. The first notice of viola on shall be given in accordance with Section 8.12.030(A)(2) of this Code. If, however, the Enforcement Officer, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may in lieu of following the administrative citation procedure, refer the matter directly to the planning commission for a hearing at which the Deemed Approved Activity's Deemed Approved Status may be suspended, Modified or revoked.

C.

Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of Chapter 8.12 of this Code, unless otherwise expressly provided by this chapter. If, the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to Chapter 8.12, the hearing officer may, in addition to exercising all powers designated in Chapter 8.12, make a recommendation to the planning commission to suspend, Modify or revoke the Deemed Approved Activity's Deemed Approved Status if in the judgment of the hearing officer, based upon information then before him or her, such action is necessary to ensure compliance with this chapter. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including but not limited to the operational standards listed in Section 18.47.070 of this chapter.

D.

If a hearing is conducted on a potential violation, the planning commission shall determine whether the Deemed Approved Activity is in compliance with the Performance Standards. Based on this determination, the planning commission may suspend, Modify or revoke the Deemed Approved Activity's Deemed Approved Status or impose additional or amended conditions on the use, including but not limited to the operational standards listed in Section 18.47.070, of this chapter, based on information then before it. In reaching a determination as to whether a use has violated the Performance Standards, or as to the appropriateness of suspending, Modifying or revoking a Deemed Approved Activity's Deemed Approved Status, or imposing additional or amended conditions on the use, the planning commission may consider:

1.

The length of time the Deemed Approved Activity has been out of compliance with the Performance Standards.

2.

The impact of the violation of the performance standard(s) on the community.

3.

Any information regarding the owner of the Deemed Approved Activity's Efforts to Remedy the violation of the performance standard(s).

E.

"Efforts to Remedy" shall include, but are not limited to:

1.

Timely calls to the police department that are placed by the owner and/or operator of the Deemed Approved Activity, his or her employees, or agents.

2.

Requesting that those persons engaging in activities causing violations of the performance standard(s) cease those activities, unless the owner of the Deemed Approved Activity, or his or her employees or agents feels that their personal safety would be threatened in making that request.

3.

Making improvements to the Deemed Approved Activity's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks and graffiti abated within three days.

F.

If in the judgment of the planning commission, the operations of the owner or operator of the Deemed Approved Activity constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the planning commission may suspend, Modify or revoke the activity's Deemed Approved Status. If suspended, any continued operation of the business shall require a conditional use permit approved by the planning commission. All determinations, decisions, and conditions made or imposed regarding the use of a Deemed Approved Activity shall run with the land.

G.

The decision of the planning commission shall be final and conclusive, unless appealed in accordance with the provisions of Chapter 18.58 of this title.

(Ord. No. O-08-18, § 2, 6-5-2018)

3.

Therapeutic services, meeting the definition of massage services, Shall also comply with regulations in Title 5 of the Municipal Code.

(Ord. No. O-11-20, § 10, 10-20-2020)

18.48.020 - Amusement Arcade.

A.

1.

An "Amusement Arcade," hereafter called Arcade, Shall be defined as:

a.

A Business operating five or more coin-operated machines within an Enclosed Building, which includes, but is not limited to, video games, pinball machines, and other similar electronic and mechanical games of skill and chance;

b.

Any Business operating less than five such game machines, unless such operation is Incidental to an established Business which generated more than fifty percent of its total gross revenues from Business operations other than game machines.

2.

Businesses operating less than five machines and excluded by subsection (A)(1)(b) of this section Shall require no special Permit or Approval by the Planning Department.

3.

Hours Permitted. It is unlawful to keep open to the public or to conduct the activity or practices defined in this section on any Day of the week between the hours of twelve midnight and ten a.m.

B.

Arcades Shall be Permitted in all Commercial and Industrial Zones except the Neighborhood Commercial Zone (C-1). Said Arcades Shall be subject to the Following conditions:

All Amusement Arcades Shall be entirely within an Enclosed Building.

2.

The minimum distance between an Amusement Arcade and a School Shall be one thousand feet.

3.

On Days when the public Schools are in full operation, Amusement Arcade Operators Shall not Permit Persons under the age of eighteen Years to enter or remain in areas within the Business Establishment Designated for Amusement Arcades prior to two-thirty p.m. on such School Days.

4.

No Amusement Arcade in which coin-operated game machines constitute the source of more than fifty percent of the total gross revenues of the Business enterprise with which it is situated, or in which such game machines are the sole or primary Business occupation, Shall be open between ten p.m. of any one Day and six a.m. of the Following Day, except for Friday and Saturday of each week, when the hours of operation May continue until twelve-thirty a.m. of the next succeeding Day. Amusement Arcades operated Incidental to a bona fide food serving Establishment Shall be operated only during the hours which food is actually being served, and Amusement Arcades operated Incidental to any other primary Business Shall be operated only during the hours the primary Business is carried on.

5.

Adult supervision Shall be provided at all times within areas Designated for Amusement Arcades.

6.

For any Amusement Arcade within shopping center, all partitioning Walls Shall consist of soundproof Materials to abate Noise transmission to neighboring Businesses.

7.

Male and female restrooms Shall be provided on site.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.48.030 - Automobile Service Stations. ¶

Automobile Service stations Shall meet the Following conditions:

A.

A Conditional Use Permit Shall be required for all new service stations and the redevelopment of existing service stations.

B.

Site Area. Each new service station site Shall be located on a Lot having an area of not less than twenty thousand square feet. This requirement and other Property Development standards Shall not apply to the

redevelopment of existing service stations.

C.

Site Dimensions. The minimum Lot Width and depth dimensions Shall be one hundred twenty feet.

D.

Setbacks. There Shall be a minimum Setback for any Building of twenty feet from any Property line, except where the Lot Line of the Property involved abuts a public Alley and a five-foot masonry Wall is erected, or a Building is constructed adjacent to such Alley. Gasoline pumps, or other facilities for providing Vehicles with fuel, and pump islands on which they are placed Shall be set back fifteen feet from any Property line.

E.

Access. Each developed site Shall have not more than two accessways to any one Street, with a minimum of five feet of full height Curb from adjoining residential Property lines, and a width not exceeding thirty-five feet.

F.

Hours of Operation. Service stations which abut residentially zoned Property Shall close between twelve and six a.m.; and all Business activities such as lubrications and mechanical work except for services and Emergency repairs Shall be confined to the hours between 6:00 a.m. and 10:00 p.m.

G.

Utilities. Utility service to all Structures Shall be installed underground.

H.

Existing Nonconforming Service Stations. Service stations in existence prior to the effective date of the Ordinance codified in this title which become damaged or partially destroyed, or which Shall be added to or structurally altered to any extent, May not be occupied or Used except in conformity with the provisions herein.

I.

Walls. A three-foot-high solid masonry Wall or equivalent landscape feature Shall be constructed along all interior Property lines. The Wall Shall be increased in height to not less than five feet nor more than six feet when the site is adjacent to a School, Church, Park, Club, Hospital, or Residential Zone or Use. The Commission May require additional Walls, as determined necessary for proper Development of the site.

J.

Restrooms. Male and female restrooms Shall be provided on site. All restroom entrances Shall be screened from view of adjacent Properties and Streets rights-of-way by some form of decorative Wall or similar device.

Architectural Treatment. It is the policy to require a higher than typical quality of architectural treatment for service stations. Applicants are encouraged to submit designs which are in keeping with the overall character and quality of the neighborhood and community. The architectural treatment of each station will be reviewed carefully and Approved only when the appearance of the station is considered suitable to the City. Customer pump areas Shall be roofed. Ridges and Eaves may, under some conditions, be at different levels.

L.

Equipment Rentals. The outside storage of Rental trailers and similar equipment May be Permitted, provided they are completely screened from public view and the Use is specifically authorized through a Conditional Use Permit. Additional Lot Area over the minimum, in the amount of two hundred square feet per Rental unit, Shall be provided.

M.

Lighting. All lighting elements on the exterior and interior of the Structure Shall be shielded from horizontal view, except for Sign lights or those especially designed for illumination of the Parking Lots.

N.

Closed, Vacant and Inoperative Service Stations. All service stations which May have been closed, Vacant or inoperative for a period of ninety Days Shall be abated by rehabilitation, Demolition or repair of all Structures which Shall include, but not be limited to, all Buildings, pump islands, all underground storage tanks, pumps, mechanical equipment, wells, cesspools, septic tanks, foundations, all paving and any other Materials originally placed in connection therewith on or at any depth beneath the surface of the Real Property.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.48.035 - Boarding, Lodging, or Rooming Houses. ¶

The Following regulations Shall apply to all Boarding, Lodging, or Rooming Houses in the City:

1.

All Boarding, Lodging, or Rooming Houses Shall meet the requirements of Title 18, this section and require the Approval of a Conditional Use Permit issued in accordance with the provisions of Section 18.58.060, and a City Business License prior to establishing the boarding, lodging or roaming house Use.

2.

Boarding, Lodging, or Rooming Houses Shall comply with the parking requirements of Chapter 18.36 of the Colton Municipal Code, and as set forth in Chapter 18.10, 18.12, 18.14, and 18.16 of the Colton Municipal Code.

No more than one Federal, state or youth authority parolee Shall be allowed to live in a Boarding, Lodging, or Rooming House.

4.

The Application submitted for Approval of a boarding, lodging or roaming house Shall identify whether any boarders are currently Federal, state or youth authority parolees. Owners and/or Operators of Approved Boarding, Lodging or Rooming Houses Shall update the information required by this section anytime a Person that is Federal, state or youth authority parolee is provided accommodation in the Approved Boarding, Lodging or Rooming House.

5.

All boarding, lodging and roaming houses Shall require boarders to Sign a "Crime Free Lease Addendum" to their lease or Rental Agreement. A sample crime free Lease addendum Shall be provided by the City as an Attachment to the planning Permit Application. The "Crime Free Lease Addendum" Shall provide that any criminal Violations perpetrated by boarders Shall be grounds for termination of the Written or oral lease, sublease or agreement.

6.

Boarding, Lodging, or Rooming Houses Shall be in compliance with all requirements of this section and this title prior to the issuance of Conditional Use Permit authorizing the Use and at all times after issuance of a planning Permit. Violation of any Local, state or Federal Laws by individual boarders while on the Premises Shall be grounds for revocation of the Permit, including, but not limited to Violations of California Penal Code, Section 3003.5.

7.

No Boarding, Lodging, or Rooming House Shall be maintained as a Nuisance.

8.

Violations of any of the provisions in this section Shall be grounds for revocation of the Conditional Use Permit authorizing the Boarding, Lodging, or Rooming House Use. The revocation procedures pertaining to revocations of Conditional Use Permits Shall be followed.

9.

Boarding, Lodging, or Rooming Houses existing prior to the effective date of the Ordinance creating this section Shall be required to comply with the requirements of this section within six Months of the effective date.

10.

The Owner/Operator of any Boarding, Lodging, or Rooming House Shall notify, in writing, all boarders and Occupants of the identity of any: (1) Federal, state or youth authority parolee; or (2) Person who is required to register pursuant to Penal Code Section 290, who is residing at such Boarding, Lodging, or Rooming House.

(Ord. No. O-01-10, § 13, 3-2-2010)

18.48.040 - Condominiums, Community Apartments and Stock Cooperatives. ¶

Condominiums, community Apartments and stock cooperatives require Conditional Use Permit Approval and Shall meet the requirements of this section:

A.

Copies of the conditions, covenants and restrictions (CC&R's) that will apply to the proposed Development Shall be submitted and include the Following provisions:

1.

Insure payment of any invoice by the City for electrical, water and/or sewer service charges, Garbage, trash or Rubbish charges, in such manner that either the Board of Governors, Condominium Owners or management-agent Shall guarantee payment to the City;

2.

Guarantee Access and entry to the Development, all Buildings and Structures for any authorized Fire Official, Building Official, or any other official charged with carrying out the Laws of the City, state or Federal government;

3.

Insure that each residential unit in the Development Shall be Used as a residence for a Single-Family and for no other purpose;

4.

Insure that no Sign of any kind May be displayed advertising any service, Business, or other commercial Project or venture, in any residential Condominium or community Apartment;

5.

That the names of the officers and members of the Board of Governors Shall be filed annually with the City Clerk during the Month of July;

6.

A request pursuant to Vehicle Code Section 21107.5 that traffic regulations May be enforced by the City on the private Streets located therein.

B.

The Off-Street parking requirements for residential Condominiums and community Apartments Shall be as required for any residential Project.

C.

Interior private Streets May be Permitted, but Shall have a minimum width of pavement between standard concrete Curb as follows:

1.

Forty feet where parking is Permitted on both sides;

2.

Twenty-eight feet where parking is Permitted on one side only;

3

Twenty feet where parking is prohibited on both sides;

4.

Where a private drive serves only garages, and the Driveway is posted to prohibit all other parking, the Driveway May be constructed to the standard twenty-foot Alley specifications. All private Streets Shall be irrevocably offered for dedication and May be refused or withheld by the City.

D.

Condominiums, community Apartments and stock cooperatives Shall have a minimum of eight units.

E.

No existing Building Shall be Approved for conversion to a Condominium Project unless it meets the standards set forth in Title 16 of this Code.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.48.050 - Fortunetelling. ¶

The practice of Fortunetelling and Occult Arts May be Permitted in the C-2 General Commercial Zone only, subject to a Conditional Use Permit and the Following conditions:

A.

Every Person who engages in and is licensed for the practice of Fortunetelling Shall obtain a current Business License for said Establishment, and submit for a background investigation, to include fingerprinting, by the Colton Police Department, to determine whether the Applicant has been convicted of any crime involving moral turpitude, or has been convicted of any felony offense, with an investigation filing Fee of five hundred dollars, plus the Fees for fingerprinting processing.

B.

Hours Permitted. It is unlawful to keep open to the public or to conduct the activity or practices defined in this section on any Day of the week between the hours of twelve midnight and ten a.m.

Inspection. The City's Police Chief, Fire Chief and Building Official and their authorized Representatives, Shall have the right to enter the Fortunetelling Establishment from time to time during regular Business

hours for the purpose of making reasonable inspections to observe and enforce compliance with applicable Building, fire or electrical regulations and the provisions of this section.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

As to Fortunetelling generally, see Ch. 9.28.

18.48.060 - Manufactured Housing and Mobilehomes.

A.

A single manufactured housing unit may be approved through an Architectural and Site Plan Review application, subject to the following:

1.

The proposed unit is found to be keeping with the overall character and quality of the neighborhood and community.

2.

The subject property is zoned V-L, R-1, or M-U/N.

3.

No more than one manufactured housing unit allowed on any property.

4.

The proposed unit shall be occupied only as a single-family dwelling.

5.

The proposed unit shall be subject to all provisions of these chapters applicable to residential structures.

6.

The proposed unit shall be attached to a permanent concrete base foundation system in compliance with all applicable Building regulations.

7.

The proposed unit shall be converted with an exterior material customarily used on conventional dwellings and approved by the Committee. The exterior covering material shall extend to the ground.

8.

The proposed unit shall have a roof with a pitch of not less than two-inch vertical rise for each twelve inches of horizontal run and consisting of shingles or other material customarily used for conventional

dwellings and approved by the Building Official.

9.

The proposed unit shall have eaves no less than twelve inches deep and provided a porch at its main entry.

B.

Mobilehome parks may be permitted in the R-2 and R-3/R-4 zones with conditional use permit approval. A conditional use permit shall not be required for the installation of a mobilehome within a space previously approved within an established mobilehome park.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-12-18, § 38, 12-18-2018)

18.48.061 - Mobile Nonresidential Units. ¶

For Nonresidential Uses. Mobile units may be temporarily used on property with a permitted nonresidential use. The following conditions must be satisfied before an approval can be granted:

1.

The proposed use for the mobile unit shall be accessory to a use permitted in the zone in which it is to be located.

2.

All requirements of this chapter for development in the zone in which the mobile unit is to be located shall be satisfied.

3.

The mobile unit shall be compatible in appearance with the surrounding Structures and Improvements.

4.

Approval shall be limited to a one-Year period, with a possible one-Year extension, at the discretion of the Director.

(Ord. No. O-12-18, § 39, 12-18-2018)

18.48.070 - Metal Buildings. ¶

All metal Buildings designed for commercial or industrial purposes Shall be located in an established Industrial Zone. The Following Design Guidelines Must be considered before an Approval can be granted.

A.

Environment. All metal Buildings Shall be architecturally compatible with the surrounding Buildings as to shape, exterior Materials and details, size, shape and location of windows and doors, distance between

Buildings and orientation to Streets.

B.

Building Form.

1.

Single uninterrupted Wall planes Shall be softened with the Use of staggering vertical Walls, roof overhangs, pilasters and deep reveals at construction joints.

2.

Large rectangular forms Shall be softened with curved corners.

3.

Contrasting colors, patterns, textures and finishes Shall be Used to add variety and interest to the metal Structures.

4.

Other Materials such as masonry, brick, concrete or wood can be combined attractively to define scale.

C.

Windows and Doors. Recessed openings Shall be Used to provide contrast by varying patterns of shades sunlight and depth.

Roofs.

1.

A variety of roof shapes and forms Shall be utilized to add character and diversity.

2.

Appearance of roofs Shall be improved with the Use of steeper roof Slopes and integrated fascias, darker colors, concealed fasteners, and other treatments.

3.

Mechanical equipment Shall be screened with Parapet Walls, mechanical recesses, or other means.

Landscaping.

Landscaping Shall consist of a balanced mix of trees, shrubs and groundcover to provide comfort and shade for parking and open areas.

2.

Landscaping at Public Streets Shall be provided with a fifteen-foot wide strip and allow for mounding shrubbery and groundcover that soften and enhance the view of the site.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.48.080 - Public utilities and services. ¶

The provisions of this title Shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any Use coming under the jurisdiction of the California Public Utilities Commission, which Uses are related to public Utility purposes, of water and Gas pipes, mains and conduits, electric light and power transmission and distribution lines, telegraph and telephone lines, sewers and sewer mains and Incidental appurtenances. The location of said lines, mains and conduits is subject to Planning Commission review and Approval.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.48.090 - Satellite Dish Antennas. ¶

A.

Findings. The City Council finds that the installation of Satellite Dish Antennas, unless controlled, affects the aesthetic and safety values of the City. Therefore, the installation of these Antennas and equipment is regulated to result in design and locations which are safe and which are least visible from the public Rightof-Way in the vicinity and do not burden adjacent Property Owners with adverse visual impacts.

B.

Intent and Purpose. The intent and purpose of this section is to regulate the installation of Satellite Dish Antennas through the design review Building processes to protect the environment, the character of the existing neighborhoods or of the community as a whole, and the health, safety, and general welfare of the public.

C.

Permitted Uses.

1.

Satellite Dish Antennas Shall be Permitted Uses in the R-1, R-2 and R-3 Zones and require planning review and a Building Permit before installation in the case where the Antenna is ground-mounted and the entire apparatus does not exceed fifteen feet from the ground, when the Antenna is to be located in the side or Rear Yard and conforms to the side or Rear Yard residential Setbacks for Accessory buildings, when the Antenna is not visible from the public Right-of-Way, and when the Antenna is provided with a Screening cover.

2.

Satellite Dish Antennas located in any Commercial, Industrial, Public Facility, or any Multiple-Family Zone or that are proposed in an R-1, R-2 or R-3 Zone located in the Front Yard, a Corner Lot, or roof-mounted, will be required to receive Approval from the Director of Community Development. The Director May issue a denial if the proposed location infringes on an adjacent Property Owner or does not meet certain conditions to maintain aesthetics in the area. Such Application Shall be filed with the Community Development Department and Shall include a map showing location of the proposed Antenna, height and width of Antenna, Setback distances and description of the type of mount to be Used, and landscape plans showing location of existing trees, other natural features and proposed Landscaping features, including Fence, Wall or other Screening, and an Application Fee set by City Council Resolution.

D.

General Provisions.

1.

Only one satellite dish will be allowed for a Single-Family residential Lot or Apartment Project.

2.

The support Structures for Satellite Dish Antennas in all zones, except R-1, R-2 and R-3 Zones where Antenna is to be located in a side or Rear Yard, Shall be screened from view from adjacent Properties and public Right-of-Way, by Use of Walls, Fences and/or Landscaping. Such Screening will be required to be flush with the base of the dish so as not to interfere with the Antenna's normal reception.

3.

No advertising or text Shall be Permitted on a Satellite Dish Antenna.

4.

All Satellite Dish Antennas, including the construction and installation thereof, Shall conform to the Uniform Building Code and Electrical Code regulations and requirements.

5.

When Attached to a main Structure, the Satellite Dish Antenna Shall not exceed the maximum Building Height in the respective zone.

6.

The Satellite Dish Antenna Shall not encroach into any required Setback, nor Shall it be in any required Open Space, private recreation area or required Parking Space.

7.

Outdoor wires necessary for the operation of the Antenna Shall be placed underground or Attached flush against a Building surface.

8.

Satellite Dish Antennas Shall be limited to current manufacturer's colors which are generally black, silver, off-white and white.

9.

Satellite Dish Antennas outside of Residential Zones May be located on rooftops with Approval of the Director of Community Development only if ground-mounting is inappropriate or inaccessible. If allowed, roof-mounted Antennas Shall be screened with such Screening designed as an integral Part of the Building, to have the same color as the Building.

10.

The Community Development Director May issue a Permit for those sites incapable of receiving signals from an Antenna if installed pursuant to these regulations. The Applicant Shall submit documentation that such installation is necessary for the reception of usable satellite signals.

11.

Any Person not satisfied with a determination by the Director Shall have the right to Appeal to the Planning Commission. Such Appeal Shall be made in writing and delivered to the Office of the Director within seven calendar Days, after the mailing of the Notice of the Director's Decision.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.48.100 - Residential, Community or Group Care Facilities.

A.

2.

The proposed Use of Property complies with all applicable zoning Development standards applicable to other Properties in the same zone.

(Ord. 0-15-99 § 3, 1999)

(Ord. No. O-01-10, §§ 14, 15, 3-2-2010)

18.48.110 - Temporary outdoor displays and Sales.

A.

No Person, Business or organization Shall conduct, operate, maintain, organize or advertise a temporary outdoor display or Sale without first obtaining a temporary outdoor displays and Sales Permit as provided by this section. Temporary outdoor displays and Sales Permit Applications Shall be reviewed by the City Manager or his or her Designee and issued prior to the commencement of the temporary outdoor display or Sale.

B.

Applications for a temporary outdoor display and Sales Permit Shall be made on forms prescribed by the City and Shall include a Site Plan indicating the proposed location of the display area. Such Applications Shall be filed not less ten Working Days prior to the outdoor temporary display or Sale and Shall be filed with the City Manager or his or her Designee.

C.

The City Manager Shall issue the Permit, conditioned upon the Applicant's Written agreement to comply with any and all terms of this section, including but not limited to the Following conditions:

1.

Outdoor Sales Shall only be Permitted as an extension of an existing Business and Shall be conducted entirely on the site on which the Business is located.

2.

The display area Shall not occupy more than ten percent of the number of required Parking Spaces for the Applicant's Business.

3.

The display Shall not encroach upon required Driveways or public rights-of-way, impede Emergency Vehicle Access or prevent Access to any other Business.

4.

Sales area Shall not Block required Building exits and Shall maintain at least four-feet wide aisles.

5.

No Part of the display area Shall be located within one hundred feet of an adjoining Residential Zoned Property.

6.

No more than four temporary outdoor displays and Sales Shall be Permitted in one calendar Year, per Business unit, limited to seven Days per display and Sale, that Shall not exceed twenty-eight Days accumulated total.

7.

All Sign usage Shall be subject to Chapter 18.50 of this title.

8.

A Permit Fee established by Resolution of the City Council Shall be paid for each outdoor display and Sales Permit.

9.

Temporary Structures such as, but not limited to tents or Building, Shall be subject to Approval of the Fire Chief or his or her Designee.

D.

The City Manager or his or her Designee May also condition the issuance of the Permit by imposing reasonable requirements concerning the time, place and manner of the outdoor temporary display or Sale and any requirements necessary to protect the safety of Persons and Property, and maintain traffic control. If the City Manager or his or her Designee denies the Permit, he or she Shall set forth the reasons for the denial. The City Manager's or his or her Designee's Decision Shall be final unless Appealed.

E.

The Chief of Police, Fire Chief, Community Development Director or their Designees May conduct, at any time, on-site inspections of temporary outdoor displays and Sales Permitted pursuant to this section for

compliance with the imposed requirements. In addition to any and all regulations or conditions that May be imposed pursuant to this Code, Applicants Must also comply with all Fire Code regulations and requirements as set forth in this Code, including payment for inspection costs by the Fire Chief or Designee. The Chief of Police or the Fire Chief, or his or her Designee, reserve the right to:

1.

Require immediate correction of hazards, dangerous conditions or deficiencies that have been deemed to place the public health or safety at risk for harm or injury; and

2.

Revoke the temporary outdoor display and Sales Permit immediately if substantial Violation or noncompliance with the previously-submitted plans is deemed to place the public health or safety at risk for harm or injury.

F.

A temporary outdoor display and Sales Permit May be revoked if the City Manager or his or her Designee or Community Development Director finds that one or more of the Following conditions exists:

1.

The temporary outdoor display and Sales Permit was obtained in a fraudulent manner.

2.

The Applicant fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the Permit.

3.

The Applicant violates or attempts to violate any Law of the state, or the provisions of this section, or any other Law, Ordinance or policy of the City.

4.

Failure to comply with Notice to correct hazards, dangerous conditions or other deficiencies that are deemed to place the public health or safety at risk for harm or injury.

All revocations Shall be in writing and Shall set forth the basis for the revocation. The Permit Shall be reinstated as soon as the conditions constituting the revocation have abated. When any Permit is revoked pursuant to this section, the Permit Shall be reinstated as soon as the conditions constituting the revocation have abated.

G.

Any Applicant May Appeal the final Decision of the City Manager or his or her Designee or the revocation of a Permit granted pursuant to this section to the City Council within two Days thereafter. Appeals Shall be filed with the City Clerk, either by personal service, fax, or first class mail (postage prepaid). Any such

Appeal Shall set forth the reasons for the Appeal and Shall be accompanied by an Appeal filing Fee. The Appeal filing Fee Shall be established by the City Council by Resolution. Failure of any Person to receive Written Notice Shall not invalidate same. The City Council Shall act upon the Appeal at the next regularly scheduled Council Meeting held more than five Working Days and less than ten Working Days after the filing of the Appeal. If no such meeting is scheduled, or if a regularly scheduled meeting is not held within such times, the Mayor May call a special City Council meeting to consider and act upon such Appeal within ten Working Days after the filing of such Appeal. The Decision of the City Council regarding such an Appeal Shall be final.

H.

Any Person who willfully fails to comply with the requirements of this section, or of any conditions Attached hereunder, or who falsifies any information on any Application hereunder is guilty of a misdemeanor punishable as set forth by state Law and is subject to administrative penalties and fines as set forth in Title 8 of this Code. Any temporary outdoor display or Sale otherwise in accordance with this section Shall be a Public Nuisance which May be enjoined or abated as allowed by Law. The City retains any and all civic remedies, including the right of civil injunction for the prevention of the Violations and for the recovery of money damages therefor.

(Ord. 0-19-02 § 1, 2003)

18.48.120 - Parking Vehicles for Certain Purposes Prohibited. ¶

A.

The City Council of the City of Colton hereby finds and determines as follows:

1.

The purpose of this section is to regulate the circumstances under which Persons May park their Vehicles in a manner that is not Permitted by Title 18 of this Code. This section is not intended to restrict any form of advertising that Vehicle Owners May place on or upon their Vehicles. The City Council finds that the regulations imposed by this section are intended to promote public safety and traffic flow by reducing visual distractions that are likely to cause traffic accidents. Moreover, the restrictions are intended to improve the visual appearance and discourage blighting of Properties in the City by eliminating unlicensed Vehicles Sales on unimproved Lots and Lots have not been developed with paving, drainage

Improvements, and other Improvements and amenities that are normally required of Approved Vehicle dealerships.

2.

The parking of Vehicles on Property that is not zoned for such Use causes adverse impacts to the Residents and Businesses in the City, including but not limited to, the leaking of gasoline and other motor fuels and oils into the ground and groundwater on unimproved Properties and Properties that have not been developed with sufficient infrastructure to handle such Use of Property and promoting unfair competition in the Sale of Vehicles. The regulations will directly advance the City's interests in public safety, efficient traffic flow, aesthetics and economic fairness by prohibiting Vehicle Sales on Properties that are

not zoned for such activities and Properties that developed the appropriate infrastructure and amenities to safely accommodate such Sales.

3.

These regulations are reasonably tailored to serve the City's substantial interests in public safety, efficient traffic flow, aesthetics and economic fairness because they do not restrict the ability of any Persons to advertise that their Vehicle is for Sale in Lots that are appropriately zoned nor do they restrict the ability of Persons to have Signs in or on their Vehicles advertising the Vehicle's availability or other commercial interests. These regulations are merely designed to restrict parking of Vehicles for the purpose of Sale on Lots that are not zoned for such activities and are ill-equipped to handle such intensity of Use, regardless of whether the Vehicle contains advertising or not.

B.

No Person Shall park any Vehicle upon any Private Property for the principle purpose of displaying such Vehicle thereon for Sale, hire, lease, or Rental unless the Property is duly zoned and Permitted by the City to allow that type of Business at that location and no Person Shall allow the parking of any Vehicle upon any Private Property for the principal purpose of displaying such Vehicle thereon for Sale, hire, lease or Rental without having first obtained the necessary Permits and Approval from the City.

C.

This section Shall not prohibit a Person from parking a Vehicle on Property on which such Person resides, for purposes of Sale, hire, lease or Rental, provided such Vehicle is registered to such Person and is otherwise Permitted by Title 18 of this Code.

D.

For the purposes of this section, the term "Vehicle" Shall include both "Motor Vehicle" and "Vehicle" as defined in California Vehicle Code Sections 415 and 670.

E.

Nothing in this section Shall be construed to prohibit the placement of any Sign, advertising or Notice on or upon any Vehicle.

(Ord. 0-19-03 § 2, 2003)

18.48.130 - Animal daycare and boarding. ¶

As stated in Section 18.06.060—Uses Permitted in each Zone, animal day care and animal boarding may be a permitted "by right" or conditionally permitted use depending on the Zone. The following special provisions shall apply to both permitted and conditionally permitted uses:

A.

Operating an Animal Day Care or Animal Boarding. Shall mean that portion of a lot upon which such animals receive food and/or water and/or shelter and may be permitted only on a lot as a matter of right or

with a Conditional Use Permit as identified in Section 18.06.060—Uses Permitted in each Zone and as permitted herein.

B.

Property Maintenance, kennels, drainage areas, feces and other biohazards. Animals shall be kept in areas that are clean and sanitary during all hours of operation. Kennels should be made out of material that can be sanitized repeatedly more than once a day. The animal shelters should be placed away from drainage areas. A plan for mass disposal of feces and other biohazards that come with animals shall be provided to the City's Animal Control Officer as part of the Conditional Use Permit application.

C.

Animal day care and animal boarding shall be in conformance with all requirements in Title 7—Animals of the Colton Municipal Code including but not limited to dog licensing requirements, number of dogs and cats allowed in dwelling, proper care of animals and noisy animals.

D.

Application shall include, in addition to regular application information, statements as to the area of the lot on which the proposed animal day care or animal boarding is requested, the amount of contiguous square feet of land which is unimproved as described hereinabove, the type of animals to be kept, maximum number of animals to be kept, and what type of structures and improvements, a plan for mitigation of excessive barking and noises complaints information related to the subject property or proposed animal day care or animal boarding use.

E.

No animal, as described hereinabove, shall be kept closer than 20 feet from the right-of-way line of any existing public right-of-way which is adjacent to the lot on which the animal is kept, or closer than 20 feet from the right-of-way line of a public right-of-way proposed by the City's General Plan to be adjacent to said lot whichever distance is the greater.

(Ord. No. O-01-21, § 11, 2-16-2021)

18.48.132 - Reserved. ¶

Editor's note— Ord. No. O-04-19, § 3, adopted May 7, 2019, repealed former § 18.48.132 in its entirety which pertained to Residential Indoor Marijuana Cultivation (RIMC) Permits and derived from Ord. No. O- 02-17, § 4, adopted April 4, 2017.

18.48.134 - Warehouse, Truck and Trailer Storage/Parking and Business Park.

Purpose: In response to community concerns on the environmental, operational, aesthetic, proximity to residential zones and noise concerns, this special provision includes new standards for the following specified industrial uses listed herein.

Business Park
Truck and Trailer Storage and Parking
Warehouses, General
Warehouse Logistics and Distribution

Section 18.06.060—Uses Permitted of this Code requires a Conditional Use Permit or prohibits the uses in specified zones. The following special standards shall apply when conditionally permitted in addition to development standards listed in each zone and/or other local, state or federal codes applicable to such uses:

A.

Proximity to Residential Zone.

1.

Within 800 feet of a Residential zone, limit operations, including loading, unloading, staging and storage of trucks and trailers to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. Saturdays, and shall be prohibited on Sundays and state and federal holidays unless a noise study prepared by a qualified professional can demonstrate that noise related to operations during these house will not exceed the City's adopted noise standards within adjacent Residential zone.

B.

Building Placement.

1.

Any warehouse greater than 108,900 square feet in size, the building loading dock shall be located a minimum of three-hundred (300) feet away measured from the property line of the sensitive receptor to the nearest dock door which does not exclusively serve electric trucks. (setback measurements shall use a straight line method).

2.

Each project located within 1,000 feet of a Sensitive Receptor or Residential Zone shall provide design analysis to minimize impacts on Sensitive Receptors and residential uses of entrance and exit points to the site.

C.

Architectural Design:

1.

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

2. "Cool pavement" materials shall be utilized to reduce heat island effects.

3.

Site plan drawings shall identify the type of climate control and air filtration systems in warehouse facilities to promote worker well-being.

4.

Signage for directional guidance for vehicles entering and existing the facility shall be provided on-site, including directional guidance to the nearest truck route.

5.

Each project shall provide on-site signage for directional guidance to trucks entering and exiting the facility to minimize potential impacts on Sensitive Receptors.

D.

Screening Standards:

1.

Industrial uses shall be screened from Sensitive Receptors, public right-of- way, and residential zones using appropriate wall design, incorporating landscaping and/or increased wall heights.

2.

Loading areas, docks, truck wells and internal circulation routes shall be oriented away (or fully screened) from residential neighborhoods, schools, parks, day care centers, nursing homes, hospitals or other public places and from public rights-of-way to the extent feasible to the satisfaction of the Approving Authority.

3.

All items stored outside, including trucks and trailers within parking areas and courts, shall be completely screened from public view, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Screen walls shall not be located within any required front yard or street side building or landscape setback area.

4.

All items stored outside, including trucks and trailers within parking areas, shall not exceed eight (8) feet in height unless a taller wall (with approval of Variance) is provided to effectively screen along street frontages.

5.

I.

Security Standards.

1.

All outdoor storage shall be secured and incorporate security cameras that are connected to the City's enforcement system to the satisfaction of the Police Chief.

J.

Operational Standards

Warehousing and distribution facilities generating more than 50 truck trips per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use, shall prepare an Operations and Truck Route Plan shall be submitted for review and approval by the City Engineer as part of the Conditional Use Permit application.

i.

The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, projected number of employees, types of items permitted to be stored (outdoors) at the site, and the proposed truck routing to and from the facility to the designated truck routes that avoids passing residential, educational, park and recreational use areas to the greatest extent feasible.

ii.

The plan shall also include physical and operational measures for preventing truck queuing, stopping, and parking on public streets.

2.

The operator of the warehouse, storage and/or trucking use shall be responsible for implementing and monitoring the Operations and Truck Route Plan during all operations, including but not limited to posting the plan and educating truck drivers on the approved routes.

3.

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

4.

Idling of trucks queued or operated onsite shall not exceed 5 minutes.

5.

All on-site equipment, such as forklifts and yard trucks, shall be electric with necessary electric charging stations provided.

6.

All facility or tenant-owned and operated fleet equipment with a gross vehicle weight rating greater than 14,000 pounds accessing the site shall meet or exceed 2010 model-year emissions equivalent engine standards are currently defined in the California Code of Regulations Title 13, Division 3, Chapter 1, Article 4.5, Section 2025.

7.

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

Prior to the issuance of a Business Occupancy Permit or Business License for any new tenant or operator of a warehouse or truck, trailer storage facility, a new or revised Operations and Truck Route Plan prepared by a licensed traffic engineer associated with the new tenant shall be submitted for review and approval by the City Engineer, demonstrating that the proposed operations and project traffic associated with the new tenant or operator is the same or less than the project traffic and operations assume in the approved entitlements for the facility.

9.

Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.

K.

Air Quality

1.

Warehouses and distribution facilities generating 150 or more truck trips per day, as determined by the most recent Institute of Traffic Engineers (ITE) Trip Generation Rate for the specific land use or within 1000 feet of a sensitive receptor, shall prepare a Health Risk Assessment (HRA) in accordance with South Coast Air Quality Management District (SCAQMD) Guideline for the new development or substantial enlargement of industrial uses.

2.

Each project shall provide specific design criteria to minimize exposure to diesel emissions for residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals, and other public places (Sensitive Receptors) situated in close proximity to the industrial uses.

3.

Each project shall provide and be in compliance with CEQA (California Environmental Quality Act), and prepare an SCAQMD URBEMIS (South Coast Air Quality Management District) and EMFAC (Emission Factor) computer models to identify the significance of air quality impacts on Sensitive Receptors.

(Ord. No. O-01-23, § 9, 2-21-2023)

18.48.140 - Alcoholic Beverage Sales. ¶

Sales of Alcoholic Beverages Shall be Permitted by Conditional Use Permit, subject to the Following conditions:

A.

Alcoholic Beverage Sales Shall not be Permitted within five hundred feet of any Religious or Educational Institution, Day care center or public Park. This distance Shall be measured from the main entrance of the

Business conducting alcohol beverage Sales and the closest public entrance to the Religious or Educational Institution, Day care center or public Park.

B.

The separation requirement in subsection A Shall not apply when the Business conducting alcohol beverage Sales and the Church, School or Park both are located within a Commercial or Industrial Zone or land Use classification.

(Ord. No. O-08-09, § 11, 1-19-2010)

18.48.150 - Accessory Dwelling Units.

(a)

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

(b)

Effect of Conforming. 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)

Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

(c)

Definitions. As used in this section, terms are defined as follows:

(1)

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

(A)

An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

(B)

A manufactured home, as defined by section 18007 of the California Health and Safety Code.

(2)

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

(3)

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

(4)

"Efficiency kitchen" means a kitchen that includes all of the following:

(A)

A cooking facility with appliances.

(B)

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

(5)

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

(A)

It is no more than 500 square feet in size.

(B)

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

(C)

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

(D)

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

(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.

(7)

"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 under this section:

(1)

Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:

(A)

Converted on Single-family Lot: One ADU as described in this subsection (d)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

(i)

Is either: Within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

(ii)

Has exterior access that is independent of that for the single-family dwelling; and

(iii)

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and

(iv)

The JADU complies with the requirements of Government Code Section 65852.22.

(B)

Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies each of the following limitations:

(i)

The side- and rear-yard setbacks are at least four feet.

(ii)

The total floor area is 1,200 square feet or smaller.

(iii)

The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.

(C)

Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings.

An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone.

(B)

An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

(2)

(B)

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 75 percent of the floor area of the existing primary dwelling.

Application of other development standards in this subsection (f), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(B) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

(2)

Setbacks.

(A)

An ADU that is subject to this subsection (f) must conform to a 25-foot front-yard setback.

(B)

ADU that is subject to this subsection (f) must conform to 4-foot side- and rear-yard setbacks.

(C)

No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

(3)

Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 55 percent, subject to subsection (f)(1)(C) above.

(4)

Minimum Open Space. No ADU subject to this subsection (f) may cause the total percentage of open space of the lot to fall below 30 percent, subject to subsection (f)(1)(C) above.

(5)

Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.

(6)

Parking.

(A)

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and safety conditions.

(B)

The required parking space for the ADU must be located on the same lot as the ADU.

(C)

(ii)

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

(i)

Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (h) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

(Ord. No. O-05-13, § 2(Exh. A(23)), 10-10-2013; Ord. No. O-03-15, § 15, 3-3-2015; Ord. No. O-04-17, § 2,

7-18-2017; Ord. No. O-08-20, § 2, 9-1-2020; Ord. No. O-10-23, § 2, 9-5-2023; Ord. No. O-01-25, § 4(Exh. A-1), 2-4-2025)

18.48.160 - Emergency Shelters.

Emergency Shelters shall be subject to the following provisions.

1.

Maximum Beds. The maximum number of beds/persons is twenty-five;

2.

Parking. Parking shall meet the requirements of Chapter 18.36 of this Code;

3.

Waiting/Intake Area. The shelter may have a waiting and intake area no larger than one hundred square feet combined;

4.

Distance Requirements. The distance between emergency shelters shall be a minimum of three hundred feet;

Management Plan. A written management plan including provisions for the following:

a.

Color, security surveillance system with recording capability;

b.

On-site manager and security guard(s);

c.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and meet the requirements of Section 15.10 of this Code;

d.

Staff training;

e.

Neighborhood outreach;

Screening of residents to ensure compatibility with services provided at the facility;

g.

Training, counseling, and treatment outreach programs for residents.

6.

Length of Stay. Length of stay shall not exceed six months within any twelve-month period for any individual resident.

(Ord. No. O-05-13, § 2(Exh. A(24)), 10-10-2013; Ord. No. O-06-14, § 5, 5-22-2014)

18.48.170 - Density Bonus. ¶

A.

Purpose: The purpose of this Chapter is to provide incentives for the production of housing for very lowincome, lower-income, moderate-income, special needs, and senior households in the City of Colton and to establish procedures for carrying out the legislative requirements and complying with California Government Code § 65915, et seq. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lowerincome housing and implementing the goals, objectives, and policies of the City's Housing Element.

B.

Applicability: This Chapter shall apply to all zoning districts, including mixed use zoning districts, where residential developments of five or more dwelling units are proposed and where the applicant seeks and agrees to provide low, very low, senior or moderate income housing units in the threshold amounts specified in state density bonus law such that the resulting density is beyond that which is permitted by the applicable zoning. This chapter and state density bonus law shall apply only to the residential component of a mixed use project and shall not operate to increase the allowable density of the nonresidential component of any proposed project.

C.

Eligibility: The City shall grant one density bonus, with concessions or incentives, as specified in Section 18.59.040 (Density Bonuses and Incentives and Concessions Allowed), when the applicant for the residential development seeks and agrees to construct a residential development that satisfies the eligibility requirements pursuant to California Government Code §65915, et seq.

D.

General Requirements: The following general requirements apply to the application and determination of all incentives and bonuses:

1.

Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number.

2.

Relation to General Plan, Zoning. The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval.

3.

Density Bonus Excluded in Calculation. The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

4.

Waived or Reduced Development Standards. The City shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of Section 18.59.020 (Eligibility) at the densities or with the incentives or concessions permitted by this Chapter.

a.

An applicant may submit to the City a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development, and may request a meeting with the City. Nothing in this subsection, however, shall be interpreted to require the City to waive or reduce development standards if:

i.

The waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code § 65589.5 upon health and safety or the physical environment and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

ii.

This would have an adverse impact on any real property that is listed in the California Register of Historical Resources or City of Colton's list of historic landmark properties.

iii.

The waiver or reduction would be contrary to state or federal law.

5.

Multiple Zoning Districts. If the site of a development proposal is located in two or more zoning districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zoning districts based on the site acreage within each zoning district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.

6.

Land Donation. Nothing in this Chapter shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

7.

Affordability Agreement or Covenant Required.

a.

Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the City to ensure the continued affordability of all target units.

b.

For all target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of non-target units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this Chapter.

8.

Reports. The applicant shall submit financial or other reports along with the application for the project to establish compliance with this Chapter.

E.

Density Bonuses and Incentives and Concessions Allowed:

1.

Density Bonus. A housing development that satisfies the eligibility requirements shall be entitled to density bonus pursuant to California Government Code § 65915, et seq.

2.

Number of Incentives or Concessions. In addition to the density bonus described in this Section, an applicant may request specific incentives or concessions. The applicant shall receive the number of incentives or concessions pursuant to California Government Code § 65915, et seq. The City shall grant the concession or incentive requested by the applicant unless it makes a written finding of either of the following:

a.

The concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in subdivision (c).

b.

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code § 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and/or City designated historic landmark, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderateincome households.

c.

The concession or incentive would be contrary to state or federal law.

The concession or incentive would be contrary to state or federal law.

J.

Fees: Payment of the planning fee in an amount set by resolution of the City Council to reimburse the City for staff time spent reviewing and processing the state density bonus law application submitted pursuant to this Title.

(Ord. No. O-05-13, § 2(Exh. A(23)), 10-10-2013)

18.48.180 - Reasonable Accommodations. ¶

A.

Purpose. It is the policy of the City of Colton to comply with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act to provide reasonable accommodation in the application of its zoning or building laws, policies or procedures for persons with disabilities seeking fair access to housing. The purpose of this section is to establish the process for making a request for reasonable accommodation. For purposes of this section, the term "disabled" or "disability" shall have the same meaning as that term is defined in the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.

Application.

1.

Any person who requests reasonable accommodation, because of a disability, in the application of a zoning or building law, policy or procedure, which may act as a barrier to fair housing opportunities, may do so by filing a completed application with the Director of Development Services ("Director"). The Director shall promulgate application forms for this purpose.

2.

If the project for which the request is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

C.

Required information. The applicant shall provide the following information:

1.

Applicant's name, address, and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

A description of the accommodation requested including reference to the Code provision, policy or procedure from which modification is being requested;

5.

The basis for the claim that the applicant is considered disabled under the Federal Fair Housing Amendments Act of 1988 or the California Fair Employment Housing Act; and

6.

A detailed explanation of why the accommodation is reasonable and why the accommodation is necessary to afford the applicant an equal opportunity to use and enjoy a specific dwelling in the City.

D.

7.

Whether the requested accommodation would impose an undue financial or administrative burden on the City; and

8.

Whether the requested accommodation would constitute a fundamental alteration of the zoning or building laws, policies or procedures of the City.

G.

Expiration of grants of reasonable accommodation. Any modification granted for an individual with a disability shall be a personal accommodation for the individual applicant and shall not run with the land, unless the Director determines that it would be impractical to require the property to be returned to its previous condition once the disabled person no longer occupies the property. Prior to the issuance of a building permit or any other applicable permit for such modification, the permittee shall execute a notarized statement that permits the City to inspect the affected property at least annually to verify compliance with this section and with any applicable conditions of approval. Prior to any transfer of interest in the property, the permittee shall notify the transferee of the existence of the accommodation, the personal status of the

accommodation and the requirements that the tranferee must apply for a new accommodation as necessary. Except as otherwise provided by the Director, as set forth herein, once such transfer takes effect the accommodation shall have no further validity.

Fee.

Fees pursuant to adopted fee schedule.

(Ord. No. O-06-14, §§ 6, 7, 5-22-2014)

18.48.190 - Single-Family Compact Lots Subdivision.[[5]]

Intent and Purpose.

1.

Provide a subdivision option for infill neighborhoods to create a high quality indoor and outdoor living environment for all residents.

2.

Provide fee-simple home ownership opportunities for a greater number of people, at a wide range of income levels.

3.

Design and configure housing to be compatible with existing neighborhoods context, especially sensitive areas such as downtown, and historical districts.

B.

Architectural and Site Plan Review. All proposed compact lot subdivision projects site plan and tentative subdivision maps are permitted through an Architectural and Site Plan Review with approval by the Planning Commission.

C.

Permitted Zones. Compact lots project is permitted in the R-2, R-3/R4, M-U/D and M-U/N zones.

D.

Development Standards.

Development Standard	Requirement
Minimum project lot size	0.5 Acres or 22,000 square foot lot
Density Permitted	Underlying Zone
Minimum Compact lot size	1950 square feet
Minimum lot width	30 feet
---	---
Minimum lot depth	60 feet
Private or public rear alley/driveway access	Required—20 feet (rear access only—front loaded parking from the street is not permitted)
Maximum Block Width	300 feet
Parking	2 car-enclosed garage (20'x20' clear interior dimension)/Carport may be considered upon Architectural and Site Plan Review.
Front Setback	14 feet1 3
Side Setback	5 feet2
Street Side Setback	8 feet
Rear Setback	3 feet
Maximum Lot Coverage	75%
Maximum Building Height	Underlying Zone

Covered Porch May encroach into the required setback by 4 feet.
Side setbacks May be reduced to zero feet (on one side) provided setbacks between properties total to eight feet or six feet between side by side lots with minimum eight feet on opposite sides.
Front yard setback May be reduced to ten feet when fronting a minimum twenty-feet landscaped buffer/greenbelt.

Guest Parking Spaces. Lots with no street frontage require one open guest space for every two dwelling units. Minimum dimension of ten feet in width and eighteen feet in depth.

Open Space/Green Belts Design. Each project will have its design challenges related to the site configuration and surrounding infill environment. The subdivision design will be reviewed on a case by case bases for inclusion of green belts and active and passive open space designs. The different types of green belts and open space May include but are not limited to three or more of the following design open space/green belt types:

Green Belt Front Door Access Ways

==> picture [252 x 147] intentionally omitted <==

Small Parks and enhanced sidewalks

==> picture [432 x 100] intentionally omitted <==

Architecture Styles of Compact Homes.

1.

The City of Colton's heritage is rich with a variety of early American architecture styles. While it is the City of Colton's objective is to "Encourage the assemblage of Compact lots to create more cohesive development sites" (General Plan Land Use Policy LU-1.5), new homes should reflect an architectural style that is presently part of the City's historical resources inventory (this is not an exhaustive list, but meant to be a guideline to follow):

Bungalow	Beaux Arts
Craftsman	Colonial Revival
Prairie box	Neoclassical
New England Saltbox	Queen Anne
Spanish Colonial	Spanish Revival
Tudor

2.

Interior Lot or Project Perimeter Fencing: Preferred materials include decorative concrete block wall or vinyl fencing. If wood is going to be used as fence material or on the exterior of buildings, the Home Owners

Association (HOA) Shall include a maintenance program to address regular maintenance schedule on all fences or exterior wood materials used for the development project. Wood fencing is not permitted material for project perimeter fencing.

G.

Compact Lot Infill Subdivision Design Options.

1.

Builders and designers should consider all possible subdivision configurations that take advantage of the site topography in providing sufficient open space/green belts, and consider how characteristics of the street and adjacent structures affect the overall form and orientation of the proposed development. When designing your compact lot subdivision, the following design criteria should be considered:

a)

Configure or design homes to front public streets, primary entryway, circulation walkways, and open spaces, rather than driveways.

b)

For homes not adjacent to the public street, provide pedestrian circulation in the form of private walkways or clearly delineated paths of travel from the sidewalk to their entryway.

c)

Maximize green space while minimizing the total amount of driveway space.

d)

Take advantage of existing topography and natural features to maintain appropriate grade levels consistent with surrounding structures.

e)

Homes fronting a public street should have the primary entrance and main windows facing the street.

f)

Pedestrian environment along the edge of the development should feature pleasant landscaping and trees.

g)

Enhanced paving should mark the pedestrian and vehicular entries of complexes to provide a sense of arrival.

h)

Design floor plan layouts in relation to lot shape, width, and depth to maximize usable outdoor spaces including space to store trash collection containers.

i)

Provide space for entry, front landing, and transitional landscaping (lush, drought resistant landscaping) between the public sidewalk and private entryway.

j)

Provide direct paths of travel for pedestrian destinations within the development.

k)

Vary building placement to increase variation in facades and more articulated building edges.

l)

While the homes are designed to be placed to provide adequate access to the garages for cars and with adequate side yards, the interior spaces are arranged so that windows and balconies do not directly face each other. This creates a better sense of privacy for homes that are closely spaced.

2.

Compact Lot Infill Subdivision Design Options.

Where rear driveways are used

==> picture [216 x 110] intentionally omitted <==

Where rear T-driveways are used

==> picture [216 x 102] intentionally omitted <==

Where alternative T-driveway are used to separate rear units from the street and sidewalk

==> picture [216 x 213] intentionally omitted <==

Compact Lot Infill Subdivision Design Options (Continued).

Where L-driveways are used

==> picture [216 x 97] intentionally omitted <==

Where alternative L-driveways are used

==> picture [216 x 124] intentionally omitted <==

Where side access driveways are used

==> picture [216 x 126] intentionally omitted <==

Maintenance of Compact Lots Subdivision.

1.

A Homeowners Association with a Maintenance Agreement as part of the Covenants, Conditions and Restrictions (CC&Rs) Shall be required, composed of all property owners, to maintain all common areas such as trees, landscaping, trash, parking, community driveway, walkways, monthly service for private fire hydrant (if required), etc. Each owner and future property owners Shall automatically become members of the association and Shall be subject to a proportionate share of the maintenance.

2.

Each property owner Shall be responsible for the upkeep and maintenance of two car parking garage in compact lot subdivision. Garages must be usable and available for the parking of vehicles at all times and such language must be included in recorded Covenant and Agreement(s) related to maintenance and reciprocal private easements pertaining to said projects.

3.

Recorded Covenant and Agreement(s) will be required for all reciprocal private easements.

(Ord. No. O-03-15, § 15, 3-3-2015)

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. O-03-15, § 15, adopted Mar. 3, 2015, set out provisions intended for use as § 18.48.180. In as much as there were already provisions so designated, Ord. No. O-03-15, § 15, has been codified herein as § 18.48.190 at the discretion of the editor.

18.48.200 - Electric Vehicle Charging Facilities and Hydrogen Vehicle Fueling Facilities.

A.

Purpose. The purpose of this Section is to promote and encourage the development and use of zeroemission vehicle infrastructure by creating an expedited, streamlined permitting process that does not create unreasonable barriers to the installation of electric vehicle charging stations and hydrogen vehicle

fueling stations while promoting public health and safety in a manner consistent with California Government Code Section 65850.7. This section does not discourage implementation of alternative fuels and energy systems within existing service stations as addressed by Section 18.48.030 (Automobile Service Stations).

B.

Applicability. This chapter applies to the permitting of all electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit.

C.

Definitions.

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

"Building official" — See Section 16.08.060.

"Electric Vehicle Charging Station," "Small Electric Vehicle Charging Station" and "Large Electric Vehicle Charging Station" — See Section 18.04.195

"Electronic submittal" means e-mail, fax any computer based electronic plan review software maintained, operated, and utilized by the City for receiving applications through the internet.

"Hydrogen Vehicle Fueling Station" — See Section 18.04.255

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

D.

Electric Vehicle Charging Station Requirements.

1.

4.

For an electric vehicle charging station, the Building Official shall issue the notice not later than:

a.

Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b.

Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete.

5.

A permit application for an electric vehicle charging station shall demonstrate compliance with Colton Electric Utility policies prior to approval.

6.

The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

H. Permit Review.

1.

The Building Official shall review all electric vehicle charging station and hydrogen vehicle fueling station applications to determine whether the charging station or hydrogen station meets all health and safety requirements of local, state and federal law. The requirements in this Section are declared to be limited to those standards necessary to ensure that the charging station or hydrogen station will not have an unmitigated specific adverse impact on public health and safety. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

2.

Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.

3.

If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station or hydrogen vehicle fueling station could have a specific, adverse impact upon the public health or safety, the City may deny the permit and require the applicant to apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code. For an electric vehicle charging station, the Building Official shall issue the denial and finding not later than:

a.

Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.

b.

Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

If the Building Official fails to issue to the applicant a written denial/finding and referral to the Planning Commission for a conditional use permit within the time prescribed, the application shall be deemed approved.

4.

The Building Official's decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, requesting review of such decision by the Planning Commission. Such request shall be made in writing to the Development Services Department. Upon receipt of such request, the Development Services Department shall schedule the matter for Planning Commission review, and shall forward to the Planning Commission for its consideration all of the documents and materials submitted with the permit application, together with a report of the decision of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Section 18.58.060 of the Colton Municipal Code.

5.

Notwithstanding any provision of Section 18.58.060 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission's decision may be appealed by the applicant to the City Council in the manner provided by Section 18.58.100 of the Colton Municipal Code.

6.

Any conditions imposed by the Building Official, Planning Commission or the City Council shall be designed to mitigate the specific adverse impact(s) upon the public health or safety at the lowest cost possible.

7.

In the technical review of an electric vehicle charging station or hydrogen vehicle fueling station application, the Building Official, Planning Commission or City Council shall not condition the approval of any charging station or hydrogen station permit on the approval of such a station by an association, as that term is defined by California Civil Code Section 4080.

Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.

1.

For large electric vehicle charging stations and hydrogen fueling stations, the minimum lot size shall be 3.0 acres. Minimum street frontage for large electric vehicle charging stations and hydrogen fueling stations shall be 200 feet.

2.

Building Setbacks: Same as underlying zoning.

3.

Amenities: Amenities and other ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requirements of this ordinance and but shall be subject to Administrative Architectural and Site Plan Review pursuant to Section 18.58.030 of the Colton Municipal Code.

4.

Building Height: Same as underlying zone.

5.

Security: All large electric vehicle charging stations and hydrogen fueling stations shall include a security plan subject to review and approval by Development Services and Police Department. The security plan may include, but is not limited to a security surveillance system, security personnel, or a perimeter wrought iron or tubular steel fence with visibility into the facility at a maximum height of 8 feet.

6.

Vehicle Types and Circulation/Parking: The applicant shall identify the vehicle types served by the station.

a.

Access/Internal Circulation/Egress from the Site. The applicant shall provide appropriate truck and other vehicle turning templates on plan subject to review and approval by the City Planning Division and Public Works Engineering/Traffic.

b.

Driveways, parking, and queuing areas shall comply with all Fire Codes, Traffic Engineering and Planning/Zoning requirements.

All proposed signage for the station shall be subject to Chapter 18.50 — Signs.

J.

Fees. The City Council may establish by resolution fees that shall be charged for permits issued under this chapter.

(Ord. No. O-05-24, § 5, 6-4-2024)

Chapter 18.49 - ADULT USE REGULATIONS[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. O-02-16, § 4, adopted Feb. 16, 2016, amended Ch. 18.49 in its entirety to read as herein set out. Former Ch. 18.49, §§ 18.49.010—18.49.160, pertained to similar subject matter, and derived from Ord. 0-2-97, § 3(part), adopted in 1997.

18.49.010 - Purpose. ¶

The purpose of this chapter is to provide special design guidelines/standards and development regulations which regulate the time, place and manner of the operation of adult use facilities in order to minimize the negative secondary effects associated with such facilities.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.020 - Definitions. ¶

In addition to the definitions contained in the Municipal Code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the Municipal Code, these definitions shall prevail:

"Adult Arcade" means any business establishment or concern to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Bookstore" means any business establishment or concern having as a regular and substantial portion of its stock in trade, "Material" (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Business" or "Adult Use" means:

Any business establishment or concern which as a regular and substantial course of conduct operates as an Adult Bookstore, Adult Theater, Adult Arcade, Adult Cabaret, Adult Figure Modeling Studio, Adult Motel or Hotel; or

2.

Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes Adult Oriented Merchandise or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Parts," but not including those uses or activities which are preempted by state law.

"Adult Cabaret" or "Adult Nightclub" means a business establishment or concern (whether or not serving Alcoholic Beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Dance Studio" means any business establishment or concern which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, or describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Oriented Merchandise" (or sexually oriented merchandise) means sexually oriented implements, paraphernalia or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Adult Theater" means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting, on a regular and substantial basis, "Material" which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"Arcade Booth" means any enclosed or partially enclosed portion of an establishment in which an Adult Arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."

"M-1 Light Industrial Zone" means any property within the City which is zoned M-1 Light Industrial Zone on the City's Official Zoning Map adopted by Ordinance No. 0-14-92, effective August 21, 1992, as may be amended from time to time.

"M-2 Heavy Industrial Zone" means any Property within the City which is zoned M-2 Heavy Industrial Zone on the City's Official Zoning Map adopted by Ordinance No. 0-14-92, effective August 21, 1992, as may be amended from time to time.

"Material" relative to Adult Businesses, means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes or electronically generated images or devices including computer software, or any combination thereof.

"Park" means any property within the City which is zoned "Public Park" on the City's Official Zoning Map adopted by Ordinance No. 0-14-92, effective August 21, 1992, as may be amended from time to time.

"Performer" means any person who is an employee or independent contractor of the Adult Business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an Adult Business.

"Religious Institution" means a facility used primarily for religious assembly or worship and related religious activities.

"Residential Zone" means any property within the City which is zoned "Residential," including R-E (Residential Estate Zone), R-1 (Low Density Residential Zone), R-2 (Medium Density Residential Zone) and R-3 (High Density Residential Zone) as set forth on the City Zoning Map, adopted by Ordinance No. 0-1492 on August 21, 1992 and fully incorporated by this reference, and as may be amended from time to time. "Residential Zone" also includes residential zones contained within Specific Plan areas and the Planned Community Development Overlay Zone as set forth on the City Zoning Map.

"School" means any institution of learning for minors whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school. The definition of School does not include a community or junior college, college or university, or a vocational institution.

"Specified Anatomical Areas" means:

1.

Less than completely and opaquely covered:

Human genitals, pubic region,

Buttock, or

c.

Female breast below a point immediately above the top of the areola; or

2.

Any device or covering, when exposed to view, which simulates the female breast below a point immediately above the top of the areola, human genitals, pubic region or buttock; or

3.

Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.

"Specified Sexual Activities" means:

1.

Human genitals in a state of sexual stimulation or arousal; and/or

2.

Acts of human masturbation, sexual stimulation or arousal; and/or

3.

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

4.

Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; and/or

5.

Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

6.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.030 - Locational Limitations. ¶

A.

Subject to the limitations of this chapter, Adult Businesses or Adult Use may be located in the M-2 (Heavy Industrial Zone) or M-1 (Light Industrial Zone) of the City, subject to the following:

1.

Within a one thousand-foot radius of a Residential Zone. The distance between a proposed use and a Residential Zone shall be measured from the nearest exterior wall of the facility housing the Adult Business or proposed Adult Use to the nearest property line included within the Residential Zone, measured along a straight line extended between the two points.

2.

Within a one thousand-foot radius of a school or park. The distance between the proposed Adult Business or Adult Use and a school or park shall be measured from the nearest exterior wall of the facility housing

the Adult Business or Adult Use to the nearest property line of the school or park site, along a straight line extended between the two points.

3.

Within a one thousand-foot radius of a religious institution. The distance between the Adult Business or proposed Adult Use and a religious institution shall be measured from the nearest exterior wall housing the Adult Business or proposed Adult Use along a straight line extended to the nearest exterior wall of the facility housing the religious institution.

4.

For properties located in the M-1 (Light Industrial Zone), it is unlawful to establish any adult business, except as specified in the following locations:

Location 1: Properties south of 1-10 Freeway and west of intersection of Hunts Lane and Steel Road, eastern boundary is to include 2200 East Steel Road (APN: 0164-27-106) to western boundary to include 2131 East Steel Road (APN: 0164-311-29), southern boundary is north of 2150 Oliver Holmes Road (APN: 0164-311-02) and southeastern boundary is west of 551 South Hunts Lane (APN: 0164-27-103).

Location 2: Properties west of 215 Freeway, from 2185 (APN: 1167-131-14) to 2283 La Crosse Avenue (APN: 1167-131-09) east of the Southern Pacific Railroad property (APN: 1167-131-11).

B.

The Establishment of any Adult Business or Adult Use shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business, or an increase of more than fifty percent of the square footage of an existing business, or of an existing Adult Business or Adult Use to a different type of Adult Business or Adult Use.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.040 - Development and Operating Standards. ¶

A.

Hours of Operation. It is unlawful for any operator or employee of an Adult Business to allow such Adult Business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of twelve a.m. and eight a.m. of any day.

B.

Lighting Requirements. All exterior areas of the Adult Business shall be illuminated at a minimum of one footcandle throughout the premises, minimally maintained and evenly distributed at ground level.

C.

Access Provision. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall

be readily accessible at all times and shall be open to view in its entirety for inspection by any Law Enforcement Officer.

D. Minors' Access.

1.

X-Rated Movies. X-rated movies or video tapes shall be restricted to persons over eighteen years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen years of age sells, rents or displays videos that have been rated "X" or rated "NC-17" by the Motion Picture Rating Industry (MPAA), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas," such videos shall be located in a specific section of the establishment where persons under the age of eighteen shall be prohibited and shall not be visible from outside the premises.

2.

Other Adult Materials. Access to adult materials shall be restricted to persons over eighteen years of age.

E.

Regulation of Closed Booths. No one shall maintain any Arcade Booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. No Arcade Booth shall be occupied by more than one patron at a time. No holes shall be permitted between Arcade Booths or individual viewing area.

F.

Regulation of Viewing Areas. All viewing areas within the Adult Business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured in any manner by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only, or more than ten persons. "Viewing area" means any area in which a person views performances, pictures, movies, videos or other presentations.

G.

Business License. A person shall not own, operate, manage, conduct or maintain an Adult Business without first having obtained a Business License from the Development Services Director pursuant to

Chapter 5.02 of the Colton Municipal Code. The issuance or denial of the Business License shall be made within fifteen days of the applicant's submitted application.

H.

On-Site Manager—Security Measures. All Adult Businesses shall have a person who shall be at least eighteen years of age and shall be on the premises to act as manager at all times during which the business is open. Any and all individual(s) designated as the on-site manager shall be registered with the City's Development Services Director by the owner to receive all complaints and be responsible for all violations taking place on the premises.

The Adult Business shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet.

I.

Adult Business—Operating Requirements. No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an Adult Business unless each and all of the following requirements are met:

1.

No Employee, Owner, Operator, responsible managing employee, manager or permittee of an Adult Business shall allow any person below the age of eighteen years upon the premises or within the confines of any Adult Business if no liquor is served, or under the age of twenty-one if liquor is served.

2.

All Employees of Adult Businesses, other than performers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their Specified Anatomical Areas.

3.

No person shall perform live entertainment for patrons of an Adult Business except upon a permanently fixed stage which is at least eighteen inches above the level of the floor, separated by a distance of at least six feet from the nearest area occupied by patrons and surrounded with a three-foot-high permanent barrier.. No patron shall be permitted within six feet of the stage while the stage is occupied by a performer.

When patrons are present at the establishment, they shall not be allowed to directly touch, fondle or caress, as those terms are defined in Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), the performers while they are performing. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier and if necessary by employees of the establishment.

If patrons wish to tip performers, receptacles shall be at least six feet from the permanently fixed stage. Patrons shall not throw tips to performers, hand tips directly to performers or place tips in the performers' costumes.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.050 - Adult Use Development Permit—Requirements.

A.

No Adult Business may be established or operate within the City by right—all persons wishing to establish an Adult Business or Adult Use within the City must apply for and receive an Adult Use Development Permit under this chapter.

B.

It is the burden of the applicant to supply evidence to justify the grant of an Adult Use Development Permit. Such evidence shall include information, maps and/or exhibits that shows compliance with the provision of section 18.49.030 of this chapter.

C.

Any Person desiring to establish or operate an Adult Business or Adult Use within the City shall file with the Development Services Director an Adult Use Development Permit application on a standard application form supplied by the Development Services Department.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.060 - Permit—Contents of Application. ¶

A.

The application must be signed by the owner or lessee of the property where the Adult Business or Adult Use will take place. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required.

B.

The Development Services Department shall set forth the contents required for such applications for an Adult Use Development Permit.

C.

All applicants for an Adult Use Development Permit must also fill out the City's environmental package for purposes of complying with the California Environmental Quality Act (CEQA).

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.070 - Permit—Application Fee. ¶

The City Council, by resolution, shall set a reasonable nonrefundable application fee for persons applying for an Adult Use Development Permit. The fee shall not exceed the reasonable estimated costs of the City expended in processing the application.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.080 - Permit—Decision to Grant or Deny. ¶

A.

The Planning Commission (the Commission) shall grant, conditionally grant or deny an application for an Adult Use Development Permit in accordance with the approval criteria contained in Section 18.49.120 of this chapter. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.

B.

The completeness of the application shall be determined by the Development Services Director within fifteen calendar days of its submittal to the Development Services Director.

C.

Upon the filing of a completed application, the Commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the Building, Police, Fire and Health Departments and inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay in reviewing a completed application.

D.

In reaching a decision, the Commission shall not be bound by the formal rules of evidence.

E.

After the investigation has been completed within ten days or a specified time period that falls within subsection (G) of this section, the Commission shall conduct a noticed public hearing on the application for an Adult Use Development Permit.

F.

Notice of the time and place of the hearing shall be given by notice through the U.S. Mail, with postage prepaid, to all persons shown on the last equalized assessment roll of the County, as owning property within a distance of three hundred feet from the external boundaries of the property described in the application. Further notice shall be given by publication in a newspaper of general circulation within the City at least ten days before the scheduled hearing.

G.

The Planning Commission shall render a written decision on the application for an Adult Use Development Permit within thirty days of receiving a completed application. The Commission is authorized to impose conditions reasonably related to the impacts generated by the proposed Adult Business or Adult Use.

However, in the event a negative declaration, mitigated negative declaration or any type of Environmental Impact Report needs to be prepared for the Project pursuant to the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq.) and the companion guidelines (CEQA guidelines, Title 14 California Code of Regulation Section 15000, et seq.), then those timeframes set forth in CEQA and the CEQA guidelines shall apply.

H.

The failure of the Commission to render such a decision within the time frames set forth above shall be deemed to constitute an approval.

I.

Written Notice of the Commission's decision shall be hand delivered or mailed to the applicant within fortyeight hours.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.090 - Permit—Appeal.

A.

Any interested person may appeal the decision of the Commission to the City Council in writing within ten days after the Commission's written decision. The City Council within the same ten days may also initiate such an appeal.

B.

Consideration of an appeal of the Commission's decision shall be at a public hearing which shall be noticed as provided in Section 18.49.080.F. above and shall occur within thirty days of the filing or initiation of the appeal.

C.

The City Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum and upon the conclusion of the de novo public hearing. The City Council shall grant, conditionally grant or deny the application in accordance with the approval criteria contained in Section 18.49.120 of this chapter. The City Council's decision shall be final and conclusive.

D.

In reaching its decision, the City Council shall not be bound by the formal rules of evidence.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.100 - Permit—Judicial Review of Decision to Grant or Deny.

A.

The time for court challenge to a final decision by the Commission or City Council is governed by California Code of Civil Procedure Section 1094.6.

B.

Notice of the Commission's or City Council's decision and its findings shall be mailed to the applicant within forty-eight hours and shall include citation to California Code of Civil Procedure Section 1094.6.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.110 - Permit—Expiration. ¶

Any Adult Use Development Permit approved pursuant to this chapter shall become null and void if not exercised within one year from the date of the approval. If an Adult Business ceases to operate for a period of six months, the Adult Use Development Permit shall become null and void. A permit extension shall be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the City's Planning Commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of two six-month extensions.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.120 - Permit—Approval Criteria. ¶

A.

The Commission or City Council shall approve or conditionally approve an application for an Adult Use Development Permit where the information submitted by the applicant substantiates the following findings:

1.

That the proposed use complies with the objective development and design requirements of zone in which it is located and with the applicable standards of this chapter;

2.

That the proposed site is not located within a one thousand-foot radius of a Residential Zone. The distance between a proposed use and a Residential Zone Shall be measured from the nearest exterior wall of the facility housing the Adult Business or proposed Adult Use, to the nearest property line included within the Residential Zone, along a straight line extended between the two points;

3.

That the proposed site is not located within a one thousand-foot radius of a school or park. The distance between the proposed use and a School or park shall be measured from the nearest exterior wall of the facility housing the Adult Business or proposed Adult Use to the property line of the nearest school or park site, along a straight line extended between the two points;

4.

That the proposed site is not located within a one thousand-foot radius of a religious institution. The distance between the Adult Business or proposed Adult Use and a religious institution shall be measured from the nearest exterior wall housing the Adult Business or proposed Adult Use along a straight line extended to the nearest exterior wall of the facility housing the religious institution;

5.

That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.130 - Permit—Revocation. ¶

A.

Any permit issued pursuant to the provisions of this chapter may be revoked by the City on the basis of any of the following:

1.

That the business or use has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the Fire Marshal;

2.

That the permittee has failed to obtain or maintain all required City, County and State licenses and permits;

3.

That the permit is being used to conduct a use different from that for which it was issued;

4.

That the permittee has misrepresented a material fact in the application for Adult Use Development Permit or has not answered each question therein truthfully;

5.

That the building or structure in which the Adult Business is to be conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the City's Building, Electrical, Plumbing or Fire Code;

6.

That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the Adult Business' operation; or

7.

That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.

B.

Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least ten days prior to the hearing.

C.

The Commission shall provide notice and conduct a public hearing on the proposed permit revocation. Written notice shall be provided within at least ten days prior to the hearing to all parties who have expressed their interest in writing. The notice shall inform the permittee of the reasons for revocation.

D.

The revocation hearing shall be heard by the Commission. The Commission shall not be bound by the formal rules of evidence at the hearing.

E.

The Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Adult Use Development Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in Sections 18.49.020 and 18.49.120 above, and the underlying zoning district in which the property is located.

F.

The Commission shall make its decision within thirty days of the conclusion of the public hearing.

G.

The Commission's decision shall be by resolution, and shall be hand delivered or mailed to the applicant within forty-eight hours and mailed to all property owners within three hundred feet of the use.

H.

Any interested person may appeal the decision of the Commission to the City Council in writing within ten days after the written decision of the Commission in accordance with the provisions of Section 18.58.070 of this chapter.

I.

In the event a permit is revoked pursuant to this chapter, another Adult Use Development Permit to operate an Adult Business shall not be granted to the permittee within twelve months after the date of such revocation.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.140 - Violation—Penalty. ¶

Any person who violates any section of this chapter shall be guilty of a misdemeanor and subject to a fine of one thousand dollars and/or imprisonment in the County jail for a period of up to six months or any other legal remedy available pursuant to the Colton Municipal Code.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.150 - Applicability to other regulations. ¶

The provisions of this chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other chapters of the zoning code, other City ordinances and state and federal law.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.160 - Conduct constituting a Public Nuisance. ¶

The conduct of any business within the City in violation of any of the terms of this chapter is found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such Adult Business or Adult Use and restrain and enjoin any person from conducting, operating or maintaining an Adult Business or Adult Use contrary to the provisions of this chapter.

(Ord. No. O-02-16, § 4, 2-16-2016)

18.49.170 - Applicability of Standards and Amortization of Nonconforming Uses. ¶

All zoning, design and performance standards set forth in this chapter are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses in the City.

In the event that there is any adult business lawfully in existence prior to the adoption of this chapter and is not in compliance with the zoning, design and performance standards of this chapter, any such adult business shall conform to all zoning, design and performance standards six (6) months after written notice of their applicability to any specific use. Failure to comply with the zoning, design and performance standards of this chapter within such six (6) month period, shall require amortization and removal of such use.

Notwithstanding anything to the contrary contained in this section, the amortization period for a nonconforming use that is governed by consent decree or other court action shall have theamortization period established by such consent decree or court actions.

(Ord. No. O-11-23, § 2, 11-7-2023)

Chapter 18.50 - SIGNS[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. O-03-17, § 2, adopted April 4, 2017, amended chapter 18.50 in its entirety to read as herein set out. Former chapter 18.50, §§ 18.50.010—18.50.160, pertained to similar subject matter, and derived from Ord. 0-02-08 § 2 (part), 2008; Ord. No. O-05-11, § 2, 10-18-2011; Ord. No. O-06-12, § 4, 6- 19-2012; Ord. No. O-04-13, § 2, 10-1-2013; Ord. No. O-03-14, § 7, 3-4-2014.

18.50.010 - Purpose. ¶

The City recognizes that Signs and other graphics are an essential element of a community's visual appearance. They also provide a means to identify and promote Businesses and are an important element in creating safer Public Streets and Highways. Consequently, the purpose of this chapter is to provide Sign regulations that are consistent with the goals and objectives of the General Plan and the community's visual and aesthetic goals. In addition, these regulations are intended to:

A.

Promote an economically stable and visually attractive community and insure that the special character and image the City is striving for can be attained;

B.

Promote Signs and graphics that are attractive, pleasing and harmonized with the physical character of the environment and surrounding Properties, while serving the advertising needs of the Business community;

C.

Promote traffic safety and the smooth and efficient flow of Pedestrians and Vehicles to their destinations;

D.

Direct Persons to various activities and enterprises, in order to provide for maximum public convenience.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.020 - Interpretation and substitution of text. ¶

A.

The provisions of this chapter shall not be interpreted to nullify any easements, covenants or other private agreements which provide for more restrictive Sign regulations than are required by this chapter.

B.

The Development Services Director is authorized and directed to enforce and administer the provisions of this chapter. Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the

issue shall be referred to the Development Services Director for a determination. Such determination shall be made within ten days. Any decision made by the Development Services Director may be appealed to the Planning Commission in accordance with Section 18.50.040(F) of this chapter.

C.

It is the City's policy and intent to regulate both commercial and Noncommercial Signs in a viewpointneutral or content-neutral manner. The message of the Sign shall not be reviewed except to the minimum extent necessary to identify the type of Sign.

D.

In each instance and under the same conditions to which this chapter permits any Sign, a Sign containing an ideological, political or other Noncommercial Message that is constructed to the same physical dimensions of the permitted Sign shall be permitted.

E.

Within this chapter, the distinction between on-premises and off-premises applies to Commercial Messages.

F.

Signs not expressly permitted by this chapter are prohibited.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.030 - Definitions.

For purposes of this chapter, the following terms shall have the provided definitions:

"Abandoned Advertising Display" or "Abandoned Sign" means any display or Sign remaining in place or not maintained for a period of ninety days, which no longer identifies an ongoing business, product or service available on the business premises where the display or Sign is located or where the building, business or establishment to which the display or Sign is related has ceased operation. For purposes of this definition, abandonment for the applicable ninety-day period shall be deemed conclusive evidence of abandonment regardless of the property, business or Sign owner's intent.

"Animated Sign" means any Sign that uses flashing, blinking, movement or change of lighting to depict action or create a special effect. Any Sign with images or messages changing more than once within four seconds shall also be considered an Animated Sign.

"Beacon" or "Spotlight" means any structure or equipment emitting laserlight or light with one or more beams (whether stationary or moving) that are directed into the atmosphere or at one or more points not on the same lot as the light source.

"Banner" means any non-metallic paper, cloth, canvas, light-weight fabric or other non-rigid material, with or without frames, whether displayed horizontally or vertically freestanding (such as a flag), wall-mounted, pole-mounted, window-mounted or painted, or any other method of attachment, that is intended to be

displayed for a limited period of time and intended to attract attention to the business or use conducted on the site, or intended to provide notice to City residents, as well as those who work in and visit the City, about special events that are sponsored by the City.

"Billboard" means a type of Off-premises Advertising Display that sells advertising copy to businesses that may or may not be located within the City, and may or may not be associated with a specific business location.

"Business District Sign" means a type of freeway-oriented Off-premises Advertising Display that sells advertising copy to businesses that are located within the respective Business District Sign Overlay identified on the Official Zoning Map. "Can Sign" means a Sign which contains all the text and/or Logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. It specifically does not include the Sign cabinet that is part of a freestanding Sign.

"Canopy Sign" means any Sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover (excluding a Marquee) over a door, entrance, window or outdoor service area.

"Changeable Copy Sign, Electronic " means a Sign whose primary advertising focus is the intermittent display of electronic, computerized, digital or similarly produced letters, numerals, words messages, scenes or images as part of the advertising message that is changed no more than once every four seconds. A Sign on which the message or image create the illusion of flashing, blinking, movement, or animation shall be considered an Animated Sign purposes of this chapter.

"Changeable Copy Sign, Non-Electronic" means a Sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face or surface of the Sign. A Sign on which the message or characters change more than twelve times per day shall be considered an Animated Sign and not a Changeable Copy Sign for purposes of this chapter.

"Channel Letter Sign" means a Sign made up of individual letters that are independently mounted to a wall or other surface. The "air space" between the letters is not part of the Sign structure but rather the building facade. A Logo may also be considered a channel letter provided it is clearly distinguishable from other Sign elements.

"City Manager" means the City Manager of the City of Colton or his or her designee.

"Commercial Flag" means a "Banner."

"Commercial Message" means any Sign, wording, Logo, or other representation that names or advertises a business, product, service, or other commercial activity.

"Construction Sign" means a temporary Sign directly connected with a construction project and may include the construction company's name, addresses and telephone number.

"Copy" means the words, letters, numbers, figures, designs, or other symbolic representations incorporated into a Sign.

"Development Services Director" means the Development Services Director of the City of Colton or his or her designee.

"Directional Sign" means any Sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object, place, or area.

"Field" means the part of the Sign with no letters or Logos.

"Freeway-Oriented Sign" means a Sign, located on property which is adjacent to a freeway and meant to be seen from the freeway.

"Frontage, Public" means that side of a building facing onto a public street, mall (pedestrian courtyard), or parking area.

"Frontage, Street" means that side of a lot abutting a public street.

"Future Tenant Identification Sign" means a temporary Sign not exceeding thirty-two square feet in area that identifies a future use of a site or building.

"Gateway Sign" means a freeway-oriented Off-premises Advertising Display that promotes city businesses and other non-competing businesses and provides civic news and announcements, and is located within one-half mile feet of city corporate limits.

"Grand Opening Sign" means a Banner not exceeding thirty-two square feet in area that promotes the opening of a new business or use at a site or building.

"Graphic" means a symbol, pattern, or image used to advertise a product of a company, business, or organization and includes, but is not limited to, trademark Logos.

"Inflatable Balloon Sign" means a Sign consisting of balloons, inflatables or similar air, helium or hydrogen filled materials, including balloons and inflatables made of metallic and cloth material, no matter the size that is used to attract attention.

"Kiosk Sign" means an advertising and Directional Sign sponsored by the local building industry association or other local business and/or civic association and approved by the Planning Commission and/or City Council to advertise future residential subdivisions, residential planned communities or local business promotions and civic events sponsored by such associations.

"Logo" means a proprietary Graphic and/or text used as an identifying mark of a company, business, or organization. For purposes of this chapter, Logos shall be limited to registered trademarks, with proof of trademark from the United States Department of Treasury, for companies with a minimum of five operating stores/locations.

"Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building for a distance of five or more feet, generally designed and constructed to provide protection from the weather.

"Marquee Sign" means any Sign attached to, in any manner, or made a part of a Marquee.

"Monument Sign" means a freestanding Sign less than six feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as

concrete block or brick. All other freestanding Sign types shall be either "Pole Sign" or "Pylon Sign." See Figure 18.50-1 (Monument Sign).

Figure 18.50-1: Monument Sign

==> picture [187 x 134] intentionally omitted <==

"Multi-Tenant Center" means a property or combination of properties containing two or more businesses and which share common parking, driveway and access areas.

"Murals" means a painting on an exterior as a work of art with no Commercial Message.

"Noncommercial Flag" means any cloth, paper, canvas, light-weight fabric or other non-rigid material that identifies the United States, the State of California and other countries and states, counties and municipalities, nationally recognized organizations or corporations, and any other vertical or horizontal flag with no text, characters, or other message.

"Noncommercial Sign" means a Sign which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern.

"Nonconforming Sign" means a Sign lawfully erected which does not comply with the provisions of this chapter.

"Off-Premises Advertising Display" or "Outdoor Advertising Display" means any billboard, structure, housing, Sign, painting, message placard or other contrivance, or any part thereof, which 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 a business or businesses not located on the same premises as the Sign.

"On-Premises Advertising Display" means any structure, housing, Sign, device, figure, statuary, painting, message placard or other contrivance, or any part thereof, which 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 a business or businesses located on the same premises as the Sign.

"Painted Sign" means a Sign which is comprised only of paint applied on a Building or structure, except for Murals, as defined by this section.

"Permanent Window Sign" means a Sign painted, attached, glued or otherwise affixed to a window or located within three feet of the interior side of the window or otherwise easily visible from the exterior of the

Building.

"Pole Sign" means a freestanding Sign in excess of six feet in height which is detached from a Building and is supported by one or more structural elements that are less than one-fourth the width of the Sign Face. See Figure 18.50-2 (Pole Sign).

Figure 18.50-2: Pole Sign

==> picture [86 x 158] intentionally omitted <==

"Political Sign" means a Sign erected prior to an election to advertise or identify a candidate, campaign issue, election proposition or other related matters.

"Portable Sign" means a temporary Sign that is not permanently attached to the ground or a Building or not designed to be permanently attached to the ground or a Building, including, but not limited to A-frames, sandwich boards or other freestanding signboards.

"Pylon Sign" means a freestanding Sign in excess of six feet in height which is detached from a Building and is supported by one or more structural elements that are architecturally similar to the design of the Sign. Pylon Signs less than six feet in height are prohibited. See Figure 18.50-3 (Pylon Sign).

Figure 18.50-3: Pylon Sign

==> picture [105 x 164] intentionally omitted <==

"Real Estate Sign" means a temporary Sign advertising the sale or lease of the property upon which it is located, and may include the identification of the firm handling such sale, lease or rent.

"Roof Sign" means a Sign erected, constructed, painted or placed upon or over a roof or parapet wall of a Building and which is wholly or partly supported by such Building.

"Sign" means any device, fixture, placard or structure that uses color, form, Graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Light banding along a Building is excluded from the definition of a Sign.

"Sign Face" means that area or portion of a Sign on which Copy is intended to be placed.

"Temporary Promotional Sign" means any portable sign, commercial flag, pennant, streamer, Banner, bunting material or other similar non-permanent sign made of non-metallic paper, cloth, canvas, lightweight fabric or other non-rigid material, with or without frames, whether displayed freestanding, wallmounted, pole-mounted, window-mounted or painted, or any other method of attachment, that is displayed for a limited period of time less than one year and intended to attract attention to the business or use conducted on the site. Temporary Promotional Signs Shall not be used in lieu of permanent signage.

"Uniform Sign Program" means an integrated, visual and/or written description of the Signs to be placed on a Building or grouping of Buildings for the purpose of aesthetic uniformity in Sign design, construction and placement.

"Wall Sign" means a Sign attached to or erected against the wall of a Building or structure with the exposed face of the Sign parallel to the plane of such wall.

"Window sign" means any Sign, picture, letter, character or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from exterior of the window.

"Year-Round Promotional Sign" means a Banner, Commercial Flag or Portable Sign that is prohibited pursuant to Section 18.50.070, but that the City may allow by subsequent ordinance.

(Ord. No. O-03-17, § 2, 4-4-2017)

Approving Authority. The designated approving authorities for Sign permits, Uniform Sign Programs, Gateways Signs, Business District Signs and Temporary Promotional Signs are listed in Table 18.50-1.

1.

Each row of the table lists a specific Sign permit by Sign type. Each of the designated approving authorities is listed in a column. The symbol in the cell where the rows and columns meet identifies whether the

Approval authority listed in that column is a recommending body, final decision body, or elevated final decision body for that permit type. For instance, the table identifies the Development Services Director as the final decision body and the Planning Commission as the elevated final decision body for Sign permitbuilding attached Signs.

2.

Typically, the final decision body is the designated approving authority for the listed permit; however the approving authority may, if the designated approving authority determines that the proposed signage is of significant public interest, elevate the Approval to the next hearing body as listed in the table.

3.

The approving authority shall approve, conditionally approve, or deny the proposed Sign permit Application in accordance with the requirements of this chapter.

Table 18.50-1: Approval Authority for Signs

Type of Permit	Designated Approving Authority "R" symbolizes the "Recommending Body" "F" symbolizes the "Final Decision Body" "E" symbolizes the "Elevated Final Decision Body"	Designated Approving Authority "R" symbolizes the "Recommending Body" "F" symbolizes the "Final Decision Body" "E" symbolizes the "Elevated Final Decision Body"
	Development Services Director	Planning Commission
Sign Permit—Building attached Signs	F	E
Sign Permit—Temporary Promotional Signs	F
Sign Permit—Freestanding permanent Signs (e.g., Monument, Pylon), not including freeway-oriented, electronic changeable Copy Pylon Signs	F	E
Sign Permit—Freestanding freeway-oriented, electronic changeable Copy Pylon Signs	R	F
Business District Sign*	R	F
Gateway Sign*	R	F
Uniform Sign Program—Minor amendment	F	E
Uniform Sign Program—Adoption and major amendment	R	F

*Conditional Use Permit and Billboard Public Benefit Agreement is required.

F.

Timely Decision. At each level of review or appeal, the decision shall be rendered, in writing, within the following time limits. The time period begins running when the application is deemed complete, or the notice of Appeal has been filed, whichever applies.

1.

Upon receipt of a completed Sign review Application by the Development Services Director, the Director shall approve, deny, or refer the Application to the Planning Commission within thirty calendar days.

2.

Upon referral by the Development Services Director, the Planning Commission Shall approve, deny the Application within thirty calendar days.

3.

Notwithstanding the time limits imposed by this section, the department and the Applicant may mutually agree to an extension of the time limits. Such extension shall be in writing and Shall be for no more than ninety days.

4.

Should the Director fail to render a decision on a Sign Application within the prescribed time limits established by this section, such Sign Application shall be deemed automatically Appealed to the Planning Commission to the extent it complies with the area and location requirements for Signs imposed by this chapter.

5.

Notwithstanding any of the time limits contained in this section, the Development Services Director and Planning Commission shall endeavor to render decisions in a timely manner.

G.

Variances. Applications for a variance from the terms of this title shall be reviewed by the Planning Commission according to the variance procedures as set forth in this title, except for deviations up to twenty percent of that standard for letter height, maximum Sign area, maximum Sign height, or separation between Signs may be allowed with the concurrent Approval of a minor Sign deviation by the same approving authority for the Sign, when it is found that the deviation is necessary to improve the effectiveness of the purpose of the Sign.

H.

Appeals.

Unless otherwise specified herein, a decision of the Development Services Director may be Appealed by the Applicant or any interested person within fifteen days of the decision to the Planning Commission. The Appeal shall be made on the forms prescribed by the planning division and fees shall be paid in accordance with the fee resolution adopted by the City Council. Automatic Appeals made pursuant to subsection (F)(4) of this section shall not be required to submit a fee. The Planning Commission shall review an Appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of Applications. Notwithstanding such schedule, an Appeal hearing shall be held within thirty days of the filing date of any Appeal.

2.

A decision of the Planning Commission may be Appealed to the City Council by the Applicant or any interested person in accordance with the provisions of Subsection 18.58.070(C) of this code. The decision of the City Council shall be final.

3.

A final determination of the City Council may be Appealed to a court of competent jurisdiction in accordance with applicable provisions of the California Code of Civil Procedure.

I.

Temporary Promotional Sign Permit.

1.

Permit Requirements and Conditions. No Temporary Promotional Sign shall be displayed without first obtaining a Temporary Promotional Sign permit from the Development Services Director. Permits shall be issued within three working or business days of the filing of a completed Application that complies with all provisions of this chapter and the filing of all required fees for a Temporary Promotional Sign. The Development Services Director may, in his or her discretion, approve an Application that does not comply with the requirements of this chapter upon conditioning the permit with its compliance. The Development Services Director may also Attach additional reasonable conditions to assure that the Temporary Promotional Sign is safely displayed and will not constitute a hazard to public safety.

2.

Permit/Deposit Fees.

a.

A fee as established by resolution of the City Council shall be assessed for the Temporary Promotional Sign. The fee shall cover the City's reasonable administrative costs for enforcing compliance with this section and the processing of the Application.

3.

Appeals. A decision of the Development Services Director denying a temporary promotional sign permit may be Appealed to the Planning Commission within five working or business days of the Director's

decision. The matter shall be scheduled for consideration by the Planning Commission within thirty days from the filing date of any appeal. The Planning Commission shall render a decision within thirty days of the meeting where it first considers the Appeal. The decision of the Planning Commission Shall be final.

4.

Authority. The Development Services Director is hereby authorized to develop all appropriate guidelines and policies and develop all appropriate forms for the implementation of this section.

(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-18-17, §§ 2, 3, 11-7-2017)

18.50.050 - Enforcement. ¶

A.

General Enforcement Provisions.

1.

Any violation of the provisions of this chapter shall be deemed to be a continuing violation until the violation has been corrected.

2.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Notwithstanding the above, the City Attorney may, in his or her discretion, file the violation as an infraction. In Addition to these penalties or as an alternative, a person violating any of the provisions of this chapter shall be subject to the assessment of administrative fines and penalties pursuant to Title 8 of this code.

3.

Notwithstanding any other provision of this chapter, the City Attorney, upon the order of the City Manager or his or her designee, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance or display, or requiring the removal, of any Sign which is in violation of any of the provisions of this chapter. In any such action, the City shall be entitled to recover its costs and its reasonable attorney's fees.

4.

The owner or other person entitled to possession of a Sign which is removed, stored and/or destroyed pursuant to any provision of this section shall be liable to the City for the cost of removal, storage and/or destruction and the City may recover the same through an action commenced in a court of competent jurisdiction together with the City's court costs and reasonable attorney's fees.

5.

Any illegal Sign found and declared to be a public nuisance may be abated by the City in accordance with the provisions contained in Title 8 of this code.

6.

Enforcement of the provisions of this chapter shall be in accordance with Title 8 of this code.

B.

Temporary, Limited Term, and Political Sign Enforcement Provisions.

1.

The Development Services Director or code compliance office may summarily and without prior notice remove any Temporary Promotional Sign or Political Sign which constitutes an immediate peril to persons or property or constitutes a nuisance.

2.

If the Development Services Director or code compliance office finds that any Temporary Promotional Sign or Political Sign has been posted or is being maintained in violation of the provisions of this section, the Development Services Director or code compliance office may issue to the property owner, Sign owner or the owner's authorized agent an oral or written demand for the removal of such Sign or for correction of the violation. Such notice shall include a brief statement of the reasons for requiring removal.

3.

The Development Services Director or code compliance office may use due diligence to provide such notice by telephone or in person, and in Addition, may provide such notice in writing by hand delivery or by placing such notice in the United States mail addressed to the last known address of the owner of any Sign posted in violation of this chapter.

4.

Upon the failure of any owner of any Temporary Promotional Sign posted in violation of this chapter to correct the violation or to remove such Political Sign or Temporary Promotional Sign after notice by the Development Services Director or code compliance office, these entities shall have the authority to remove all such illegally posted Temporary Promotional Signs or Political Signs, and to dispose of such Signs if they are not claimed by the owner within ten working days.

5.

The Development Services Director or code compliance office may remove any abandoned Temporary Promotional Sign or Political Sign summarily and without prior notice. A Temporary Promotional Sign or Political Sign shall be deemed abandoned under the following circumstances:

a.

The owner of a Temporary Promotional Sign posted in violation of this section or the owner's authorized agent cannot in good faith be located within five working days; or

b.

Any Temporary Promotional Sign or Political Sign remains posted for more than ten days after the event or election to which it relates.

6.

The owner of a Sign that is informed by the Development Services Director or code compliance office of a violation of these provisions Shall have the right to Appeal such notice to the City Council within five days of its receipt, if the election or event to which such Sign relates has not occurred. Such Appeal Shall be in writing and shall temporarily stop enforcement of the required removal until the matter is heard by the City Council. The City Council's determination Shall be final.

7.

The City Council may, by resolution, adopt such fees as are necessary and reasonable to cover the cost of removal of illegally posted temporary promotional or Political Signs and the Development Services Director or code compliance office is authorized to collect such fees when any Temporary Promotional Sign or Political Sign is claimed by an owner, or by legal action after the claim period expires.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.060 - Exempt Signs. ¶

The following Signs may be erected without a permit, provided they comply with the development standards listed herein:

A.

Official traffic Signs or other municipal governmental Signs, legal notices, advertisements prescribed by law and placed by governmental entities, and Signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his duties. The City has a compelling interest in permitting such Signs in order to comply with state and local laws and promote public safety.

B.

Street address Signs consistent with Section XIV(B) of Security Ordinance Number 0-13-89, notwithstanding anything in this section, may be illuminated and may contain reflective paint or material. The City has a compelling interest in permitting such Signs to promote the identification of property to guide emergency response personnel.

C.

Direction, warning or information Signs or structures required or authorized by law, or by federal, state, county, or City authority. The City has a compelling interest in permitting such Signs in order to comply with state and local laws and to promote public safety.

D.

Noncommercial Flags attached to poles that identify the United States, the state of California and other countries and states, counties and municipalities, nationally recognized organizations or corporations, and

any other vertical or horizontal flag with no text, characters, or other message, not to exceed three flags/poles on properties containing less than one acre of land, and not to exceed six flags/poles on properties containing more than one acre of land. Poles shall not exceed thirty feet in height and flags shall not exceed forty-two square feet in surface area. Such flags shall be maintained in good condition and free of tattering or tearing.

E.

Historical and/or memorial tablets and identification plaques installed by or on behalf of a recognized governmental historical agency. The City has a compelling interest in permitting such Signs to promote interest in historical structures and events and to promote public safety and identification.

F.

Permanent Window Signs not exceeding four square feet per Street Frontage shall be permitted. Such Signs should be encouraged to promote business identification, hours of operation and address information. Such Signs may not be illuminated.

G.

Time and temperature Signs containing no advertising Copy. The City has a compelling interest in permitting such Signs to promote awareness of local conditions for individuals with medical problems.

H.

Interior Signs within a structure not visible from the exterior of the structure, except temporary Window Signs.

I.

Signs and advertising for the California State Lottery as authorized by California Government Code, Section 8800 et seq.

J.

Kiosk Signs and other similar identification Signs placed on City property and Approved by the Planning Commission and/or City Council that are used to identify and promote economic development efforts or significant commercial enterprises in the City. For purposes of this subsection the term "significant commercial enterprises" Shall be defined as a grouping of similarly situated commercial land uses with an integrated commercial or economic development theme.

K.

Signs carried by individuals while standing, sitting, or traveling along any public sidewalk or other public property not to exceed two square feet. Such Signs may not be illuminated.

L.

Signs placed within community sports facilities as defined in Section 12.24.141.

M.

Construction Signs are allowed on private property outside of the public right-of-way and any required clear vision triangle, with the following limitations:

1.

Residential Subdivisions. One Sign, limited to a maximum of thirty-two square feet. May only be erected after Approval of tentative map and must be removed immediately upon the close of escrow of the sale of the last lot. The maximum height shall be eight feet.

2.

Multiple-family Residential. One Sign, not exceeding twenty-four square feet in area, May be placed on property upon which an Apartment Building is under construction or for which a site plan has been Approved. Such Sign shall be subject to removal when the vacancy rate is reduced to twenty-five percent or less. The maximum height shall be five feet.

3.

Nonresidential Property. One Sign per property not to exceed thirty-two square feet in area. The maximum height shall be five feet. The Sign may not be illuminated. Such Signs shall not be erected prior to the commencement of construction or grading and shall be removed upon first issuance of an occupancy certificate for the Building(s).

N.

Future Tenant Signs. One Future Tenant Identification Sign per business or use shall be permitted not to exceed thirty-two square feet in area. A Future Tenant Identification Sign listing the name of future tenants, responsible agent or realtor, and identification of the specific complex shall be encouraged. Said Sign is permitted until such time as a certificate of occupancy is issued for the Building(s). The maximum height shall be five feet. The Sign may not be illuminated.

O.

Real estate for sale or rental Signs provided they are not located in the public right-of-way.

P.

Directional Signs whose function is guiding traffic, parking, and loading on private property, with no advertising/Commercial Message. Maximum of one Sign per driveway. Sign area is limited to a maximum of six square feet per Sign and a maximum height of four feet if freestanding. Exceptions to standards regarding Copy, quantities, Sign area, and height may be allowed for larger sites with multiple Buildings, tenants, and/or driveways as part of Uniform Sign Program by the Planning Commission or a Minor Amendment to an existing Uniform Sign Program by the Development Service Director.

Q.

Nameplates identifying (and Copy limited to) the address of the Building, property, or tenant to a maximum of one square foot per Sign. Nameplates may only be lit by either an indirect light (e.g., porch light) source, low-wattage Spotlight without glare to the adjoining property, or internal light source with opaque (nontransparent) background. The Signs may be combined into one single tenant directory at the shared entrances of a multi-tenant Building subject to the Approval of a Sign permit by the Director if attached to a Building wall and as part of Uniform Sign Program by the Planning Commission or a Minor Amendment to an existing Uniform Sign Program by the Director if not attached to a Building wall.

R.

Political signs complying with the following regulations:

1.

Political signs Shall not exceed sixteen square feet in total area within a residential zone or thirty-two square feet in total area within a commercial or industrial zone. Aggregate total sign area for a single candidate Shall not exceed thirty-two square feet per parcel.

2.

Political signs Shall not be placed sooner than forty-five days prior to the date of the election to which such sign relates. Political signs originally placed for a primary election May remain in place if such signs also relate to the next general election.

3.

All political signs Shall be removed not later than ten days following the date of the election to which such sign relates. Political signs existing on property longer than ten days following the election to which such sign relates Shall be deemed abandoned and a nuisance and Shall be abated pursuant to Title 8 of this code.

4.

No political sign Shall exceed an overall height of twelve feet from the finished grade.

5.

No political sign Shall be placed in a manner that obstructs visibility of pedestrian or vehicular traffic or that poses a public safety or health hazard; such signs are deemed to be public nuisances and Shall be removed in accordance with Title 8 of this Code.

6.

No political sign Shall be placed or fixed to any publicly owned tree, fence, or utility pole within the public right-of-way or otherwise posted on any public property. Placement of such political signs Shall be deemed a public nuisance pursuant to California Government Code, Section 38773.5 and Shall be subject to summary Abatement.

No sign Shall be placed on a vacant or unimproved lot without prior Approval from the property owner.

S.

Grand Opening Signs. One Grand Opening Sign per business or use shall be allowed, not to exceed thirtytwo square feet in area. Said Sign is permitted for a maximum of forty-five days after occupancy is issued for the business or use by the City. The maximum height shall be five feet. The Sign may not be illuminated.

T.

Murals, subject to Approval by the City Council after advisory review by the Planning Commission.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.070 - Prohibited Signs. ¶

It shall be unlawful to erect, and no permit shall be issued, for any of the following Signs:

A.

Any Sign not specifically in accordance with the provisions of this chapter;

B.

Signs painted or mounted on roofs or placed above the roof line (except for roof parapet walls and mansard roofs);

C.

Animated Signs and flashing Signs, with the exception of time and temperature signs and electronic reader Signs;

D.

Commercial Flags, pennants, Banners, balloons or other paraphernalia composed of paper, cloth or other flexible material, unless otherwise permitted;

E.

Signs which rotate, move, reflect, blink or incorporate elements that do so, except time and temperature Signs and electronic reader Signs;

F.

Off-Premises Advertising Displays (billboards), except as otherwise provided;

G.

Signs placed on the public right-of-way or affixed to an element or structure on the public right-of-way, except where required by a governmental agency or permitted as part of Kiosk Sign program, Gateway Sign or Business District Sign;

H.

Portable Signs, including A-frame Signs, unless otherwise permitted;

I.

Inflatable Balloon Signs, including, but not limited to individual balloons, balloon strings, and other inflatables made of a flexible material and inflated so as to be lighter than air, except when part of a bona fide special event Approved through a Special Events Permit;

J.

"Can Signs," except as allowed by Section 18.50.090.B.3.f;

K.

"Pole Signs" and other freestanding Signs constructed with a single supporting pole that is not covered with architectural cladding or other covers so as to appear as a solid base or structure, or supported by one or more structural elements that are less than one-fourth the width of the Sign Face;

L.

Signs made of paper and placed on the exterior of a building and handwritten Signs/flyers placed in windows;

M.

Signs located in the public right-of-way or located on a publicly owned tree, fence, or utility pole or otherwise posted on public property;

N.

Signs made of neon, except that neon tubing may be used as a source of illumination, provided it is behind the face of the Sign, or used as a logo, or included as part of an interior window sign;

O.

Signs affixed to vehicles where the primary purpose of the vehicle is advertising. This does not apply to Signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being uses (e.g., delivery service) or is required by state or federal law (e.g., contractor's license number);

P.

Signs exceeding two square feet in area carried by individuals while standing, sitting or traveling along any public sidewalk, other public property or any private property when visible from a public right-of-way;

Q.

Signs attached to light standards unless part of a Uniform Sign Program;

R.

Beacons, except when part of a bona fide special event approved through a Special Events Permit;

S.

Painted Signs (which does not include Murals or temporary Window Signs), except where attached to building walls and it is determined that the Sign is complementary to an overall building design and approved through a Sign Permit at the discretion of the Director of Development Services.

(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-12-18, § 40, 12-18-2018)

18.50.080 - General development, maintenance, and removal provisions.

A.

Construction of Signs. Every Sign and all parts, portions and materials shall be manufactured, assembled, erected, maintained, repaired and removed in compliance with all applicable state, federal and City regulations, including the City's adoption of the California Building Code and other Uniform Codes.

B.

Maintenance of Signs. Every Sign and all parts, portions and materials shall be maintained and kept in proper repair and condition as approved by a City Sign permit. The support structure, display surface and all other parts of all Signs shall be kept clean, neatly painted, and free from rust, corrosion, damage, and graffiti. Rust, corrosion, damage and graffiti will be repaired, replaced, recovered, refaced, or repainted with color matching paint and materials so as to produce the appearance that rust, corrosion, damage or graffiti never existed. Any missing or malfunctioning lights, broken or missing Sign Copy, or other non-maintained portions of a Sign shall be repaired or replaced. Any of the actions above shall be completed within thirty (30) days following notification by the City. Noncompliance with such a request notice will constitute a nuisance condition and zoning violation and will be enforced as such.

C.

Determination and Measurement of Sign Area.

1.

General Area Calculation. Generally, the area of a Sign shall be measured as the overall length of the Sign times the overall height of each segment of Copy or Logo. When the Sign is composed of individual letters applied to the building without a distinctive background (e.g., channel letters), the area of the Sign shall be measured as seventy-five percent of the area of the Sign Copy (height of the letters times the length of each line of letters, e.g., length × height × seventy-five percent).

2.

3.

A Sign need not be removed if, prior to the applicable expiration period, the text of the Sign is changed in compliance with this Chapter to advertise, identify or otherwise be used by a successor business that is operating on the premises.

4.

When a Sign is removed, all brackets, poles, and other structural elements that support the Sign shall also be removed. Affected building surfaces shall be painted or otherwise restored to match the adjacent portion of the structure. This paragraph does not apply to maintenance or repair work where the Sign will remain in use and operate in compliance with this Chapter when maintained or repaired.

5.

Failure to remove a Sign or otherwise comply with this subsection will constitute a nuisance condition and zoning violation and will be enforced as such.

(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-11-20, § 11, 10-20-2020)

18.50.090 - Design standards. ¶

The following criteria shall be utilized for permanent advertising displays and Signs, and shall not be construed to govern the design of temporary promotional or Political Signs.

A.

General Design Standards for onsite signs.

1.

Architectural Style. Each Sign shall be designed to be compatible with and relate to the architectural style of the main building or buildings upon the site where such Sign is located. Each Sign shall also be compatible with the style and character of the existing improvements upon the lots adjacent to the site. Signs located on commercial sites but in a predominately residential area shall be designed to be compatible with such residential area and unobtrusive.

2.

Relationship to Buildings. Signs located upon a lot with one main building or several buildings shall be designed to incorporate at least one of the predominant visual elements of such building or buildings, such as type of construction materials, color, or other design detail.

3.

Color. The color(s) of a Sign should be harmonious and complementary to the colors of the building on or near which it is to be located. Fewer colors will generally produce the most attractive Sign.

4.

Letter Style. The letter style to be used on a Sign should also be compatible with the architectural style of the building. For example, simple block letters are generally most compatible with the Spanish style buildings. For those buildings that have been recently constructed and having no particular architectural style, simpler letter styles are desirable.

5.

Sign Materials. The goal of Sign design is to maintain moderate, attractive, and compatible styling so as not to conflict or distract from the architectural character of the area. The choice of materials shall be left to the discretion of the applicant, subject to the recommendations of the Development Services Director, the provisions of this chapter and the approval of the City.

6.

Relationship to Other Signs. Where there is more than one Sign on a site or building, all permanent Signs displaying a Commercial Message shall have designs that similarly treat or incorporate the following design elements:

a.

Letter size and style of Copy;

b.

Shape of total Sign and related components;

c.

Type of construction materials;

d.

Sign/letter color and style of Copy;

e.

Method used for supporting Sign (e.g., wall or ground base); and

Location. Blade or bracket Signs shall be placed only on ground floor facades, except for businesses located above the ground level with direct exterior pedestrian access.

b.

Height. The lowest point of a blade or bracket Sign shall be a minimum of eight feet above grade.

c.

Projection. The Sign may project a maximum of four feet from the building.

d.

Sign Structure. Sign supports and brackets shall be compatible with the design and scale of the Sign.

e.

Encroachment. Blade or bracket Signs may not encroach into the public right-of-way or be located above it, or into City-owned property.

Building Attached Wall Signs.

a.

Wall Signs shall be compatible with the predominant visual architectural elements of the building facade.

b.

Place Wall Signs to establish facade rhythm, scale, and proportion where such elements are weak. In many existing buildings that have a monolithic or plain facade, Signs can establish or continue appropriate design rhythm, scale, and proportion.

c.

Utilize a consistent proportion of signage to building scale, such as one-third text to two-thirds wall area or one-fourth text to three-fourths wall area. See Figure 18.50-5 (Text Scale). Parapet roof or mansard Roof Signs may be allowed with review and approval by the Director of Development Services only if building does not provide adequate surface area for Wall Signs.

Figure 18.50-5: Text Scale

Landscaping shall be provided at the base of the Sign equal to the area of the Sign, except for freewayoriented freestanding Signs, Gateway Signs and Business District Signs. Landscaping shall be complementary to and designed in concert with the landscaping for the overall site. The design of the landscaping shall be such that natural growth will not obscure the Sign from the public right-of-way.

The minimum letter height on a freestanding Sign shall be ten inches. For freeway-oriented freestanding Signs, Gateway Signs and Business District Signs, the minimum letter height shall be eighteen inches. The intent is to limit the clutter of text on the Sign and increase readability for the motoring public, thereby providing for public safety. Monument and Pylon Signs shall contain the main address number or range of numbers of the site in minimum eight-inch high letters and this area shall not be counted towards the maximum Sign area. Deviations from letter height requirements may be approved through a Uniform Sign Program by the Planning Commission.

f.

The maximum letter height on a freestanding Sign shall be thirty-two inches. For freeway freestanding Signs the maximum letter height shall be forty-eight inches. The intent is to limit the negative visual impact of large text size.

g.

Freeway-oriented freestanding Signs, Gateway Signs and Business District Signs shall include City identification Copy consisting of the text "City of Colton" with letter height proportional to overall Sign size, or otherwise identify "Colton" on the Sign. The intent is to help identify the site as being located within the City of Colton. The City identification Copy shall not be counted towards the total Sign area and shall be exempted from the height maximum. The City identification Copy shall be illuminated at night. This requirement may be waived by the approving authority, at its discretion, if it is determined that City identification of adequate size is provided on other Signs within four hundred fifty feet of the proposed Sign.

h.

Gateway Signs shall be designed in accordance with the following general design template, and in accordance with the standards contained in Section 18.50.120.

Figure 18.50-7: Gateway Sign Design Concept

==> picture [240 x 231] intentionally omitted <==

6.

Changeable Copy Sign, non-electronic. These types of Signs shall be considered to be the same as any other type of Sign and shall be regulated by their location, i.e., if located on a wall, they shall be deemed Wall Signs and the changeable Copy portion shall not exceed more than one-half the proposed Sign area.

7.

Menu Board. One single-face freestanding or Wall Sign oriented towards an approved drive-through lane containing menu or other list of products with a maximum Sign area of thirty-two square feet and maximum height of six feet.

(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-12-18, § 41, 12-18-2018; Ord. No. O-11-20, § 12, 10-202020)

18.50.100 - Allowed permanent On Premises Sign standards. ¶

Table 18.50-2 lists the development standards for all on-premises Signs based on use type and zoning district, as well as allowed Sign type. As identified in Section 18.50.040, a Sign permit and Building permit are required before any of the Sign types listed herein are installed, erected, or otherwise established. The intent of the Sign permit is to ensure that the development standards listed are adhered to. The intent of the Building permit is to ensure that the installed signs comply with California Building Standards and are installed in a safe manner. Only those Signs that may be permitted are listed. Regulations for temporary promotional on-premises Signs are listed in Section 18.50.110. Regulations for off-premises Signs are listed in Section 18.50.120. The following general rules/standards apply to permanent Signs regulated in this section:

A.

Building Signs are those Signs that are permanently attached to a building (e.g., Wall Signs, awning/Canopy Signs, blade/bracket Signs). Only one type of building Sign (wall, awning/canopy, blade/bracket) is allowed per establishment.

B.

Illumination standards refer to whether or not the Sign may be illuminated and how. Signs that may be illuminated may be done so by "indirect or background" (indirect light source, low-wattage Spotlight, or internal light source with opaque, nontransparent background) or by any method that minimizes glare onto neighboring residential property and the public right-of-way.

Table 18.50-2: Allowed Permanent On-Premises Sign Standards

Sign Type	Maximum Number Permitted	Maximum Area	Maximum Height	Illumination Allowed	Other Standards/Notes
Residential Signs (RE and R-1 Zones)
Wall Sign	1/home	6 sf	Roofine	No illumination
---	---	---	---	---	---
Multiple-family Residential Signs (R-2, R-3, MU-D &			MU-N Zones)
Wall Sign, project identifcation	1/frontage, either type	6 sf	Roofine	Indirect or background
Freestanding Sign, project identifcation		6 sf	8 ft.	Indirect or background
Wall Sign, tenant	1/tenant	4 sf	Roofine	No illumination
Nonresidential Signs1
Wall Sign	1/Each Public Frontage for storefront tenants with an exclusive exterior entrance.	three square feet per one lineal foot and 70% wall length	Roofine	Indirect or background	(2)(7) (8)
Freestanding Monument Sign	1/Street Frontage3	50 sf	6 ft.	Indirect or background	(3)(5)(9)
Freestanding Pylon Sign		50 sf	20 ft.	Indirect or background	(3)(5) (9)
Window Sign	1/Window per building elevation per establishment	20% of window area per building elevation	-	No illumination
Freestanding freeway- oriented pylon Sign	1/site w/minimum 150 ft. freeway frontage	500 sf4	50 ft.5	Indirect or background	(4)(5)(6)

Notes:

All nonresidential properties shall be limited to a maximum of one of each Sign type per property/development, except as otherwise provided. For example, a site may have a maximum combination of one Wall Sign, one freestanding Sign, and one Window Sign. In no instance may an establishment have both an awning/canopy sign and a blade/bracket Sign or an awning/Canopy Sign and a Wall Sign. Only one type of building Sign (wall, awning/canopy, blade/bracket) is allowed per establishment.
Maximum letter height allowed is twenty-four inches, except for Signs for an individual tenant with public entrances along a Public Frontage of one hundred feet or greater of lineal feet shall be allowed letter height up to thirty-six inches. Logos and Graphics shall not exceed three feet by three feet. Logos greater than three feet by three feet are not allowed as standard Can Signs with shapes similar to rectangles, but may be Approved as contoured cabinet Signs if the Logo serves as a single Sign for the establishment, in which case the underlying maximum Sign area prevails.
Applicant may choose one type or the other but is limited to one freestanding Sign per Street Frontage, except as otherwise provided; however Multi-Tenant Centers on sites greater than four acres in size or with more than three hundred linear feet of frontage per street may increase the Sign Face area of each Sign to a maximum of one hundred square feet and have one additional freestanding Sign above the otherwise allowed maximum.
Signs which only include Logo Copy and do not include text may exceed the maximum Sign area to a maximum of three hundred sixty square feet.
Sign height shall be measured from the finish grade of the freeway or adjacent roadway, whichever is higher.
Applies to properties which are adjacent to a freeway or are only separated from a freeway by a public or quasi-public right-of-way or easement. The design and character of the Sign must be consistent with the standards for Pylon Signs. Freeway oriented Signs may not identify commercial uses/contain Commercial Message for uses not located on the same site as the Sign. Otherwise, they are considered off-premises Signs and are prohibited by this code.
For multiple-tenant Buildings or parts of Buildings with tenants without exclusive exterior entrances, the building/site name or name of one on-site tenant as a Building identification Sign may be permitted by right. Additional signage may be permitted for a maximum of four tenants without exclusive exterior entrances on a multiple-story office Building subject to review of a Uniform Sign Program by the Planning Commission.
Parapet roof or mansard Roof Signs may be allowed with review and Approval by the Planning Commission only if Building does not provide adequate surface area for Wall Signs.
Copy on freestanding Signs, in Addition to building/site name and address, shall be limited to that related to tenants with exclusive exterior entrances and with installed Wall Signs, except for Monument Signs Approved by the Planning Commission through a Uniform Sign Program allowing Copy for tenants without exclusive exterior entrances subject to all applicable standards.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.110 - Allowed temporary promotional On-Premises Sign standards.

This section describes standards for temporary promotional on-premises signs. These signs require the issuance of a temporary sign permit as described in Section 18.50.040. The development standards for

temporary signs are listed in Table 18.50-3. The following general rules/standards apply to all Temporary Promotional Signs:

A.

Time duration. Display periods for Temporary Promotional Signs Shall be limited to a maximum of sixty days, continuous or non-continuous, within a one-hundred-and-eighty-day period not to exceed a total of one hundred and twenty days within a three-hundred-and-sixty-day period. Non-continuous days must be specified on the temporary sign permit.

B.

Illumination. No Temporary Promotional Signs May be illuminated by lighting exclusively designed for the Temporary Promotional Sign.

C.

Encroachment. Temporary Promotional Signs Shall not encroach on or above the public right-of-way or be attached to utility poles, traffic signal, utility cabinets and street sign posts, except where all of the following criteria are met: a) the business is located in a Building built at property line with no setback to the public right-of-way, b) the business obtains an encroachment permit from the Public Works Department, and c) the sign conforms to the display specifications of in Section 18.50.110.F.

D.

Obstruction. Temporary Promotional Signs Shall not obstruct required paths, driveways, crosswalks, walkways for pedestrians and vehicles and views of vehicular traffic, including sight distances for vehicular traffic at corners.

E.

Maintenance. Temporary Promotional Signs Shall be maintained in good condition and free of tattering or tearing.

F.

Display specifications. All Temporary Promotional Signs Shall conform to the following standards:

1.

Maximum of one of each of the following signs for a maximum of three signs: one wall Banner (maximum fifty square feet), one commercial flag (maximum ten feet high and thirty-two square feet), or one portable/A-frame (maximum six square feet sign face; maximum two faces; height between three and four feet above grade).

2.

Maximum of one promotional sign per business exterior wall and one portable sign such as a commercial sign or portable/A-frame sign.

3.

Sign Shall not detract from the appearance of the Building and/or site as determined by the Director.

4.

No illumination (lighting) exclusively designed for the sign is permitted.

5.

Sign Shall be removed or replaced if tattered, torn, damaged, or otherwise not in good condition.

6.

Sign Shall be kept clean and clear or graffiti.

7.

No attachment to the sign, including balloons, streamers, lights, or other attention-getting devices.

8.

Portable/A-frame Sign Standards:

a.

Signs Shall leave at least four feet for pedestrian Access. If located in the public right-of-way, a City Encroachment Permit shall be obtained from the Public Works Department.

b.

Signs Shall not impede the sight distance of vehicular traffic.

c.

Signs Shall consist of durable materials (metal, wood, plastic) and the use of paper or cardboard is not allowed except as changeable copy within and safely fastened to a framed area made of durable rigid materials. Signs Shall be professionally made or have the appearance of a professionally made sign. Signs with wheels Shall be fixed (locked) in position.

d.

Sign Shall contain the name and phone number of the business and owner of the sign in order (not required on the sign face, but somewhere on the sign structure).

e.

Signs May be displayed only during normal hours of the business and Shall be removed (placed indoors) when the business ceases operation for that day.

Table 18.50-3: Temporary Sign Standards

Use Type	Maximum Temporary Number	Maximum Area	Maximum Height
Single-family Residential Dwelling	1/dwelling	6 sf	5 ft. freestanding; roofine wall
Multiple-family residential dwelling	1/dwelling	4 sf	5 ft. freestanding; roofine wall
Multiple-family residential, apartment rental	1/complex	4 sf	5 ft. freestanding; roofine wall
Nonresidential, Wall Sign or Banner	1/business	50 sf total; 20% of window space if located in window	roofine wall
Nonresidential, Portable	1/business	6 sf	4 ft.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.120 - Allowed Off-Premises Signage.

A.

Generally, all new Off-Premises Commercial Message Signage is prohibited within the City. Existing off-site Commercial Message Signs (e.g., billboards) are considered Nonconforming Signs as regulated by Section 18.50.140. However, the following off-premises signage is permitted as specified below:

1.

Business District Sign. Pursuant to the City's interest in promoting businesses located within major commercial districts of the City (Hub City Centre Specific Plan, Downtown Colton and Cooley Ranch), Business District Signs (electronic changeable copy only) are permitted within major commercial districts, as specified by the Business District Sign Overlay on the Official Zoning Map, subject to approval of a Conditional Use Permit and Billboard Public Benefit Agreement.

2.

Gateway Sign. Pursuant to the City's interest in promoting businesses citywide, one Gateway Sign (electronic changeable copy only) is permitted within one-half mile of each major freeway entry to the City (Interstate 10 and Interstate 215), subject to approval of a Conditional Use Permit and Billboard Public Benefit Agreement.

3.

Kiosk Program. Under the City's authority and capacity as proprietor of City property, the City has created a program for off-premises signage kiosks for certain uses and activities of City-wide benefit and interest.

For purposes of this section, "city-wide benefit and interest" shall mean those uses or activities that, individually, generate significant revenue for the City. Additionally, such uses shall have a minimum total of one thousand feet lineal public Street Frontage.

Such program is adopted by resolution and may be updated from time-to-time as deemed necessary and appropriate by the City Council. The program shall, at a minimum, specify the following:

a.

Uses which qualify for the off-premises signage kiosk program;

b.

Development standards, design, and allowable Copy for off-premises signage kiosks;

c.

Allowable locations for the kiosks;

d.

A process for determining which businesses, developments, and other uses are allowed to be listed in the kiosks;

An administration process for the program, including establishment of a fee schedule;

f.

Any other element of the program deemed necessary and appropriate by the City.

Table 18.50-4: Off-Premises Sign Standards

Sign Type	Maximum Number	Maximum Area	Maximum Height	Other Standards/Notes
Business District	Business Districts (per Zoning Map Overlay)	672 sf (cumulative area - max. 2 sign faces)	35 ft.	(1) (3) (4) (5) (6) (7) (8)
Gateway	Maximum 4 Signs (1/major freeway gateway)	1,344 sf (cumulative area - max. 2 sign faces of 672 sf each)	55 ft.	(1) (2) (3) (4) (5) (7) (8)
Kiosk	Per Kiosk Program adopted by City Council Resolution	Per Kiosk Program adopted by City Council Resolution	Per Kiosk Program adopted by City Council Resolution

Notes:

Conditional Use Permit and Billboard Public Benefit Agreement are required.
Maximum display area is 25 feet in height and 60 feet in length.
Height shall be measured from the finish grade of the freeway or adjacent roadway, whichever is higher.
Distance and Separation.

A. Sign may not be located closer than 500 feet from another permitted display on the same side of freeway, or closer than 1,000 feet from another freeway-oriented electronic changeable copy ("digital") Sign.

B. Sign shall be located no farther than 150 feet from a freeway right-of-way, and only on a property that is immediately adjacent to or abutting a freeway right-of-way, or separated from a freeway right-of-way by only a frontage road, a railroad right-of-way, a public flood control channel, or public utility easements. No Business District or Gateway Sign shall be located within 150 of property for which zoning does not allow outdoor advertising displays (e.g., residential property).

C. Gateway Sign shall be located a maximum of one-half mile from freeway point of entry into City.

Caltrans Standards. Sign shall comply with all Caltrans standards, including restrictions pertaining to Classified Landscape Freeways, minimum distance/separation standards, and shall obtain a State Outdoor Advertising Permit.
Each Business District Sign shall identify the name of the business district in which it is located and shall only advertise businesses which are located within the Business District and on the same side of the freeway where the Sign is located (per Outdoor Advertising Act, Section 5274).
Sign shall comply with electronic changeable copy Sign standards contained in Section 18.050.090B.4.
Billboard Public Benefit Agreement.

a. Application requirements. In addition to the Conditional Use Permit and Sign Permit requirements, the applicant shall request in writing the approval of an Agreement that includes the following:

i. The name, address, phone number and other contact information of the person or entity proposing the Agreement.

ii. Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed, where applicable.

iii. Information that establishes that the person or entity proposing the Agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement.

iv. An explanation of the compensation to be paid or public benefits to be provided to the City.

v. The Applicant must pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to development of the property and of all existing structures and improvements on the property, and the proposed billboard.

b. Review Process. All Agreements shall be reviewed by the Planning Commission at a duly noticed public hearing, concurrent with the required Conditional Use Permit. The Planning Commission shall review the Agreement and make a recommendation to the City Council, whether the proposed or modified billboard meets the findings in Section c., below.

c. Findings. No later than forty-five days after the Planning Commission makes its recommendation, the City Council shall review and consider the Agreement at a duly noticed public hearing. In order to approve a request for an Agreement, the City Council shall make the following findings:

i. The proposed Agreement is consistent with the goals, objectives, purposes and provisions of the General Plan, Zoning Code and any applicable specific plans;

ii. The proposed billboard would not result in a threat to the general health, safety and welfare of City residents; and

iii. The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.

B.

Pursuant to Business and Professions Code, Section 5412, the City Council is authorized to enter into relocation agreements, including identification of public benefits, with off-premises display owners on whatever terms are agreeable to the display owner and the City.

(Ord. No. O-03-17, § 2, 4-4-2017; Ord. No. O-08-17, § 4, 11-7-2017; Ord. No. O-11-20, § 13, 10-20-2020)

_____

18.50.130 - Amortization of Off-Premises and Outdoor Advertising Displays. ¶

The City Shall comply with all provisions of the California Business and Professions Code regarding amortization and removal of existing Off-Premises and Outdoor Advertising Displays and billboard Signs.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.140 - Nonconforming Signs. ¶

A.

All Signs which do not meet the requirements of this chapter but which have been previously Approved by the City and issued a lawful permit shall be deemed Nonconforming Signs and shall either be removed or brought up to code when a substantial Alteration to the Sign is made. For purposes of this section a "substantial Alteration" Shall be defined as repair or refurbishing of any Sign that alters its physical dimensions, height or replaces any integral component including, but not limited to Alterations to exterior cabinets, bases or poles. Substantial Alteration Shall not include the replacement of individual panels on a

can or cabinet Sign when the exterior boundaries of individual cans or cabinets are not replaced or altered. In Addition, substantial Alteration Shall also include any repair or refurbishing of Sign that exceeds fifty percent of the depreciated value, as determined by the City, of the Sign and structure, but excepting customary maintenance. "Customary maintenance" Shall be defined as any activity or work performed for the purpose of actively maintaining the Sign in its existing Approved physical configuration and size dimensions at the specific location approved by the City and includes the following:

1.

Repainting the Sign text, cabinet or other component of the Sign without changing the advertising message; or

2.

Routine replacement of border and trim with substantially the same colors and materials.

B.

A Nonconforming Sign may continue to be used, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in subsection A of this section. If said Nonconforming Sign is destroyed or removed, or ceases to be used for the use in existence as of the effective date of the ordinance codified in this chapter, every future Sign shall be in conformance with the provisions of this chapter.

C.

A Nonconforming Sign may be reused upon issuance of a Business Occupancy Permit for a business use which does not require a Conditional Use Permit or other discretionary permit, and no exterior modifications are made to the exterior of building which require a Building Permit. No additions or enlargements may be made to the Nonconforming Sign, except for customary maintenance described in Subsection A of this section, and additions or modifications which bring the Sign into closer conformity with City standards.

D.

It shall be the responsibility of the owner of any premises containing a Nonconforming Sign (including a Sign painted directly upon the surface of a structure) to remove said Nonconforming Sign within ninety days of cessation of business at that location.

E.

The City shall comply with all provisions of the California Business and Professions Code, Section 5490 et seq., regarding enforcement and removal of On-Premises Advertising Displays and Signs and California Business and Professions Code, Section 5400 et seq., regarding enforcement and removal of Off-Premises Advertising Displays and Signs.

(Ord. No. O-03-17, § 2, 4-4-2017)

18.50.150 - Banners and pennants on City-owned utility poles.

Notwithstanding Section 18.50.070, the City of Colton may install banners and/or pennants on City-owned utility poles. The City Manager shall establish a written program to regulate the installation of banners and pennants on City-owned utility poles. Banners and pennants shall be installed in compliance with the program established by the City Manager. Noncommercial flags may be installed by the City of Colton without compliance with a banner program.

(Ord. No. O-03-17, § 2, 4-4-2017)

Chapter 18.52 - RECYCLING

18.52.010 - Definitions. ¶

"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is Used for the collection of Recyclable Materials. A "Mobile Recycling Center" also means the bins, boxes and containers transported by trucks, vans or trailers, and Used for the collection of Recyclable Materials.

"Recyclable Material" is reusable Material, including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable Material does not include Refuse or Hazardous Materials. Recyclable Material May include motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(B4) of the California Health and Safety Code.

"Recycling Facility" means a center for the collection and/or processing of Recyclable Materials. A certified Recycling Facility or certified processor means a Recycling Facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A Recycling Facility does not include storage containers or processing activity located on the Premises of a residential, commercial or manufacturing Use and Used solely for the recycling of Material generated by that residential Property, Business or manufacturer. Recycling Facilities May include the Following:

1.

Collection Facility. A "Collection Facility" is a center for the acceptance by donation, redemption or purchase of Recyclable Materials from the public. Collection facilities May include the Following:

a.

Reverse vending machines;

b.

Small collection facilities which occupy an area of not more than five hundred square feet, and May include a mobile unit, bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet, kiosk type units, or unattended containers placed for the donation of Recyclable Materials;

Large collection facilities which May occupy an area of more than five hundred square feet and May include permanent Structures.

2.

Processing Facility. A "Processing Facility" is a Building or Enclosed Space Used for the collection and processing of Recyclable Materials. "Processing" means the preparation of Material for efficient shipment, or to an end User's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the Following:

a.

A "light Processing Facility" which occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per Day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated Recyclable Materials and repairing of reusable Materials sufficient to qualify as a certified processing Facility. A light processing Facility Shall not shred, compact or bale ferrous metals other than food and beverage containers.

b.

A "Heavy Processing Facility" is any processing Facility other than a light processing Facility.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.52.020 - Permits required. ¶

No Person Shall Permit the placement, construction or operation of any Recycling Facility without first obtaining a Permit pursuant to the provisions set forth in this section. Recycling Facilities May be Permitted as set forth in the Following table. In addition to the Permits described below, a reverse vending machine or a small collection Facility May also be allowed in special zones which allow Uses Permitted in Commercial or Industrial Zones with an administrative Permit; and a large collection Facility or processing Facility May be allowed in Agricultural Zones with a Conditional Use Permit.

Type of Facility	Zones Permitted	Permit Required
Reverse vending machines	All commercial and industrial	By right
Small collection	All commercial and industrial	Administrative
Large collection	C-2 and all industrial	Conditional Use
Light processing	All industrial	Conditional Use
Heavy processing	Heavy industrial	Conditional Use

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.52.030 - Permits for multiple sites. ¶

A single administrative Permit May be granted to allow more than one reverse vending machine or small collection Facility located on different sites under the Following conditions:

A.

The Operator of each of the proposed facilities is the same;

B.

The proposed facilities are determined by the Community Development Director to be similar in nature, size and intensity of activity; and

C.

All of the applicable criteria and standards set forth in Section 18.58.040 are met for each such proposed Facility.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.52.040 - Criteria and standards. ¶

Those Recycling Facilities Permitted with an administrative Permit Shall meet all the applicable criteria and standards listed in this section. Those Recycling Facilities Permitted with a Minor Use Permit or Conditional Use Permit, Shall meet the applicable criteria and standards; provided, that the Community Development Director, Planning Commission or City Council, as the case May be, May relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purposes of this title.

If this title has a section requiring all activities in a Commercial Zone to be conducted completely within an enclosed Structure and which lists exceptions, that section Shall be amended to add "Recycling Collection Facilities" to the list of exceptions. The criteria and standards for Recycling Facilities are as follows:

A.

Reverse Vending Machines. Reverse vending machines within a commercial Structure do not require discretionary Permits. Reverse vending machines do not require additional Parking Spaces for recycling customers and May be Permitted in all commercial and industrial zones with an administrative Use Permit; provided, that they comply with the Following standards:

1.

Shall be established in conjunction with a commercial Use or community service Facility which is in compliance with the Zoning, Building and Fire Codes of the City;

2.

Shall be located within thirty feet of the entrance to the commercial Structure and Shall not obstruct Pedestrian or vehicular circulation;

Shall not occupy Parking Spaces required by the primary Use;

4.

Shall occupy no more than fifty square feet of floor space per installation, including any protective Enclosure, and Shall be no more than eight feet in height;

5.

Shall be constructed and maintained with durable waterproof and rustproof Material;

6.

Shall be clearly marked to identify the type of Material to be deposited, operating instructions and the identity and phone number of the Operator or Responsible Person to call if the machine is inoperative;

7.

Shall have a Sign area of a maximum of four square feet per machine, exclusive of operating instructions;

8.

Shall be maintained in a clean, litter-free condition on a daily basis;

9.

Operating hours Shall be at least the operating hours of the host Use; and

10.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

B.

Small Collection Facilities. Small collection facilities May be sited in commercial and industrial with an administrative Permit, provided they comply with the Following conditions:

1.

Shall be established in conjunction with an existing commercial Use or community service Facility which is in compliance with the Zoning, Building and Fire Codes of the City;

2.

Shall be no larger than five hundred square feet and occupy no more than five Parking Spaces not including space that will periodically be needed for the removal of Materials or exchange of containers;

Shall be set back at least twenty feet from any Street Line and Shall not obstruct Pedestrian or vehicular circulation;

4.

Shall accept only glass, metals, plastic containers, paper and reusable items. Used motor oil May be accepted with Permission of the Local Fire Chief;

5.

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

6.

Shall Use containers that are constructed and maintained with durable waterproof and rustproof Material, covered when the site is not attended, Secured from unauthorized entry or removal of Materials, and Shall be of a capacity sufficient to accommodate Materials collected;

7.

Shall store all Recyclable Material in containers or in the mobile unit Vehicle, and Shall not leave Materials outside of containers when attendant is not present;

8.

Shall be maintained free of litter and any other undesirable Materials, and mobile facilities, at which truck or containers are removed at the end of each collection Day, Shall be swept at the end of each collection Day;

9.

Shall not exceed Noise levels of sixty dBA as measured at the Property line of residentially zoned or occupied Property, otherwise Shall not exceed seventy dBA;

10.

Attended facilities located within one hundred feet of a Property zoned or occupied for residential Use Shall operate only between the hours of nine a.m. and seven p.m.;

11.

Containers for the twenty-four-hour donation of Materials Shall be at least thirty feet from any Property zoned or occupied for residential Uses unless there is a recognized service corridor and acoustical shielding between the containers and the residential Use;

12.

Containers Shall be clearly marked to identify the type of Material which May be deposited; the Facility Shall be clearly marked to identify the name and telephone number of the Facility Operator and the hours of operation, and display a Notice stating that no Material Shall be left outside the recycling Enclosure or containers;

Signs May be provided as follows:

a.

Recycling Facilities May have identification Signs with a maximum of twenty percent per side, or sixteen square feet, whichever is smaller, in addition to informational Signs required in Subdivision 12 of this subsection; in the case of a wheeled Facility, the side will be measured from the pavement to the top of the container,

b.

Signs Must be consistent with the character of the location,

c.

Directional Signs, bearing no advertising message, May be installed with the Approval of the Community Development Director if necessary to facilitate traffic circulation, or if the Facility is not visible from the public Right-of-Way,

d.

The Community Development Director May authorize increases in the number and sizes of Signs upon findings that it is compatible with adjacent Businesses;

14.

The Facility Shall not impair the Landscaping required by Local Ordinances for any concurrent Use by this title or any Permit issued pursuant thereto;

15.

No additional Parking Spaces will be required for customers of a small collection Facility located at the established Parking Lot of a host Use. One spot will be provided for the attendant, if needed;

16.

Mobile Recycling Units Shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

17.

Occupation of Parking Spaces by the Facility and by the attendant May not reduce available Parking Spaces below the minimum number required for the primary host Use unless all of the Following conditions exist:

a.

The Facility is located in a Convenience Zone or a potential Convenience Zone as Designated by the California Department of Conservation,

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the Recycling Facility will be on the site,

c.

The Permit will be reconsidered at the end of eighteen Months.

A reduction in available Parking Spaces in an established Parking Facility May than be allowed as follows:

For a commercial host Use:

For a commercial host	Use:
Number of Available Parking Spaces	Maximum Reduction
0 — 25	0
26 — 35	2
36 — 49	3
50 — 99	4
100+	5

For a community Facility host Use: A maximum of five space reduction will be allowed when not in conflict with parking needs of the host Use;

18.

The initial Permit to be issued Shall expire in twelve Months from the date of issuance, subsequent Permits Shall be effective for three-Year intervals;

19.

If the Permit expires without renewal, the collection Facility Shall be removed from the site on the Day Following Permit expiration.

C.

Large Collection Facilities. A large collection Facility is one that is larger than five hundred square feet, or is on a separate Property not appurtenant to a host Use, and which May have a permanent Building. A large collection Facility is Permitted in C-2 Commercial and Industrial Zones with a Conditional Use Permit, provided the Facility meets the Following standards:

1.

Facility does not abut a Property zoned or planned for residential Use;

2.

Facility will be screened from the public Right-of-Way by operating in an Enclosed Building or within an area enclosed by an opaque Fence at least six feet in height with Landscaping, or at least one hundred fifty feet from Property zoned or planned for residential Use, and meets all applicable Noise standards in this title;

3.

Setbacks and landscape requirements Shall be those provided for the zone in which the Facility is located;

4.

All exterior storage of Material Shall be in sturdy containers which are covered, Secured and maintained in good condition. Storage containers for flammable Materials Shall be constructed of nonflammable Material. Oil storage Must be in containers Approved by the Fire Chief. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

5.

Site Shall be maintained free of litter and any other undesirable Materials, and will be cleaned of loose debris on a daily basis;

6.

Space will be provided on site for six Vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit Recyclable Materials, except where the Community Development Director determined that allowing overflow traffic above six Vehicles is compatible with surrounding Businesses and public safety;

7.

One Parking Space will be provided for each commercial Vehicle operated by the Recycling Facility. Parking requirements will be as provided for in the zone, except that parking requirements for Employees May be reduced when it can be shown that Parking Spaces are not necessary such as when Employees are transported in a company Vehicle to a work Facility;

8.

Noise levels Shall not exceed fifty-five dBA as measured at the Property line of residentially zoned Property, or otherwise Shall not exceed seventy DBA;

9.

If the Facility is located within five hundred feet of Property zoned, planned or occupied for residential Use, it Shall not be in operation between seven p.m. and seven a.m.;

10.

Any containers provided for after-hours donation of Recyclable Materials will be at least fifty feet from any Property zoned or occupied for residential Use, Shall be of sturdy, rustproof construction, Shall have sufficient capacity to accommodate Materials collected, and Shall be secure from unauthorized entry or removal of Materials. Containers Shall be at least twenty feet from any Building;

11.

Donation areas will be kept free of litter and any other undesirable Materials and the containers will be clearly marked to identify the type of Material that May be deposited; Facility Shall display a Notice stating that no Material Shall be left outside the recycling containers;

12.

Facility will be clearly marked with the name and phone number of the Facility Operator and the hours of operation; identification and informational Signs will meet the standards of the zone; and Directional Signs, bearing no advertising message, May be installed with the Approval of the Community Development Director if necessary, to facilitate traffic circulation or if the Facility is not visible from the public Right-ofWay;

13.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of Material, May be Approved through a Use Permit process or at the discretion of the Community Development Director if Noise and other conditions are met.

D.

Processing Facilities. A light processing Facility is Permitted in Heavy Commercial Zones and Light Industrial Zones with a Minor Use Permit. A large processor is Permitted in Light Industrial Zones with a Conditional Use Permit. All processors are Permitted in Heavy Industrial or Manufacturing Zones with a Conditional Use Permit or according to the practice of the City for similar Uses. A processor will meet the Following conditions:

1.

Facility does not abut a Property zoned or planned for residential Use;

2.

In a Commercial or Light Industrial Zone, processors will operate in a wholly Enclosed Building except for Incidental storage, or:

a.

Within an area enclosed on all sides by masonry Wall not less than eight feet in height and landscaped on all Street Frontages,

Located at least one hundred fifty feet from Property zoned or planned for residential Use;

3.

Power-driven processing Shall be Permitted, provided all Noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated Recyclable Materials and repairing of reusable Materials;

4.

A light processing Facility Shall be no larger than forty-five thousand square feet and Shall have no more than an average of two outbound truck shipments of Material per Day and May not shred, compact or bale ferrous metals other than food and beverage containers;

5.

A processing Facility May accept Used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

6.

Setbacks and Landscaping requirements Shall be those provided for the zone in which the Facility is located;

7.

All exterior storage of Materials Shall be in sturdy containers or Enclosures which are covered, Secured and maintained in good condition. Storage containers for flammable Material Shall be constructed of nonflammable Material. Oil storage Must be in containers Approved by the Fire Chief. No storage excluding truck trailers and overseas containers will be visible above the height of the fencing;

8.

Site Shall be maintained free of litter and any other undesirable Materials, and will be cleaned of loose debris on a daily basis and will be Secured from unauthorized entry and removal of Materials when attendants are not present;

9.

Space Shall be provided on site for the anticipated peak load of customers to circulate, park and deposit Recyclable Materials. If the Facility is open to the public, space will be provided for a minimum of ten customers, except where the Community Development Director determines that allowing overflow traffic above six Vehicles is compatible with surrounding Businesses and public safety;

10.

One Parking Space will be provided for each commercial Vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the Facility is located;

Noise levels Shall not exceed sixty dBA as measured at the Property line of residentially zoned or occupied Property, or otherwise Shall not exceed seventy dBA;

12.

If the Facility is located within five hundred feet of Property zoned or planned for residential Use, it Shall not be in operation between the hours of seven p.m. and seven a.m. The Facility will be administered by on-site personnel during the hours the Facility is open;

13.

Any containers provided for after-hours donation of Recyclable Materials will be at least fifty feet from any Property zoned or occupied for residential Use; Shall be of sturdy, rustproof construction; Shall have sufficient capacity to accommodate Materials collected; and Shall be secure from unauthorized entry or removal of Materials;

14.

Donation areas Shall be kept free of litter and any other undesirable Material. The containers Shall be clearly marked to identify the type of Material that May be deposited. Facility Shall display a Notice stating that no Material Shall be left outside the recycling containers;

15.

Sign requirements Shall be those provided for the zone in which the Facility is located. In addition, the Facility will be clearly marked with the name and phone number of the Facility Operator and the hours of operation;

16.

No dust, fumes, Smoke, vibration or odor above ambient level May be detectable on neighboring Properties.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.52.050 - Fees. ¶

The City Council recognizes that staff, as well as administrative time and City resources, will be utilized in processing Permits per this chapter. It is therefore authorized that staff should present to the City Council a Resolution setting the appropriate Fee for such Permits.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.52.060 - Violation and enforcement. ¶

A.

All Persons, except for an authorized recycling agent, are prohibited pursuant to California State Law AB3717, Chapter 1475, from removing from any Designated recycling location, Material which has been

segregated from other waste Material for the purpose of recycling and placed at a Designated collection Facility or deposited with a certified Recycling Facility.

B.

Any Person May donate or sell recyclables to any other Person whether operating for profit or not for profit.

C.

No Person Shall violate any of the provisions of this chapter.

D.

Any Person, firm or corporation violating any of the provisions or failing to comply with the requirements of this chapter will be subject to enforcement by the Community Development Department.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Chapter 18.54 - ANIMALS

18.54.010 - Fowl and similar animals. ¶

A.

It is unlawful to keep fowl, rabbits, guinea pigs or similar animals in the City except as follows:

1.

In an R-1, R-2, R-3 or R-E Zone to keep a total combination thereof of three or less and providing all of them are kept at least twenty feet from any house built or Used for human residence;

2.

In an R-E Zone to keep a total combination thereof of twelve or less and providing all of them are kept at least forty feet from any house built or Used for human residence;

3.

In an A Zone.

B.

Even those animals which are Permitted by this section May not be allowed if the Design Review Committee finds that the animals create an unsanitary condition or Nuisance.

C.

Variation from the conditions stated in this section May be Approved by the Design Review Committee.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.54.020 - Pigs and livestock.

A.

It is unlawful to keep any pig, hog, sheep, bull, stallion, mare, cow, burro, jack, jenny, mule, goat, kid, horse or similar animal in the City except as follows:

1.

In an R-E, M-1 or M-2 Zone to keep a total combination thereof of three or less animals per acre, and providing all of them are kept at least sixty feet from any surrounding residence and forty feet from any residence of the Property in which they are kept;

2.

In an A Zone.

B.

Even those animals which are Permitted by this section May not be allowed if the Design Review Committee finds that the animals create an unsanitary or unsafe condition.

C.

Variation from the conditions stated in this section May be Approved by the Design Review Committee.

(Ord. 0-24-04 § 3, 2004; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.54.030 - Appropriate and sanitary housing. ¶

Notwithstanding anything to the contrary contained in this chapter, no Person, firm or corporation Shall keep any kind of animal, as mentioned in this chapter, or otherwise, without housing the same in an appropriate coop, barn, Building or other Enclosure Approved by the Community Development or such other qualified Person as the City Council Shall Designate, so as the same May be safe, sanitary and appropriate for the purpose intended and so as not to cause an unsanitary or unhealthy condition or create a Nuisance. The coop, barn, Building or Enclosure Shall be kept in a sanitary condition at all times and not be Permitted to accumulate Refuse, Rubbish, manure or other unsanitary Materials.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.54.040 - Prohibition of slaughtering. ¶

There Shall be no slaughtering Permitted within all sections of the City, of any type of animal.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.54.050 - Penalty for Violations. ¶

Any Person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof Shall be punishable by a fine of not more than one thousand dollars, or by

imprisonment in the County Jail for a period of not more than six Months, or by both such fine and imprisonment.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Chapter 18.58 - ADMINISTRATION

18.58.010 - Roles. ¶

A.

The City Council. The Council Shall adopt zoning regulations as stated in this title; approve any changes to the Zoning Map; consider Appeals of Commission Decisions; and perform such other duties as are required by state Law.

B.

The Planning Commission. The Commission Shall review, advise the Council on, and administer regulations of, this title; grant or deny Conditional Use Permits and Variances; and perform such other duties as are required by the Council and/or state Law.

C.

The Development Services Department. The Department Shall advise the Council, and Planning Commission on Matters concerning zoning regulations; Shall maintain records of all Matters relating to administration of zoning regulations; Shall advise the public of the provisions hereof; and Shall review Building Permits and Business Occupancy Permits as to the provisions of this title. The Department May also approve Minor modifications to a Development plan Approved by the Commission and/or Council.

D.

The Department of Public Works.

1.

The Director of Public Works, or his or her Designee(s), Shall determine whether a public works Project is exempt from environmental review, pursuant to CEQA and the City's CEQA guidelines.

i.

Where the Project is exempt, the Director of Public Works, or his or her Designee(s), Shall make such findings and file all required forms.

ii.

Where the Project is not exempt, the Director of Public Works, or his or her Designee(s), Shall determine which, if any, document(s) need to be prepared under the provisions of CEQA and the City's Local CEQA guidelines and Shall recommend to the City Council the appropriate environmental document in accordance with the City's Local CEQA guidelines.

2.

The environmental determination of the Director of Public Works, or his or her Designee, regarding public works Projects Shall, if required, be subject to the Approval of and/or Appeal to the City Council only.

(Ord. 0-12-06 § 1, 2006: Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-03-14, § 8, 3-4-2014)

18.58.020 - Business Occupancy Permits. ¶

A.

No Building erected, moved, enlarged or altered Shall be occupied, Used, or changed in Use or ownership until a Business Occupancy Permit has been issued by the Department. Such Business Occupancy Permit Shall be applied for coincidentally with the Application for a Building Permit and Shall be issued only after such Building, erection, enlargement or Alteration has been completed in conformity with the provisions of this title and when the proposed Use conforms thereto. Any Use legally occupying an existing Building at the time the Ordinance codified in this title became effective May be continued but Shall not be changed unless a Business Occupancy Permit for the new Use Shall have been issued by the Department, after finding that such Use conforms with the provisions of this and other applicable chapters and Ordinances.

B.

The conformity to the Property Development standards of this title May include the provisions of required Walls, Landscaping, parking, trash Enclosures, Street Improvements, aesthetic Improvements and all other Improvements determined by the Community Development Department to be necessary or required by any regulating Ordinance for the particular Use.

C.

A Business Occupancy Permit Shall also be applied for before any Vacant land is hereafter Used or before an existing Use of Vacant land is changed. The Director Shall issue such Permits, provided such Use is in conformity with the provisions of this title. No Business Occupancy Permit Shall be required where the land is to be Used for tilling the soil and growing thereon farm, garden or orchard products.

D.

The Business Occupancy Permit Shall state that the Building or proposed Use of a Building or land complies with all the Laws and Ordinances and with the provision of this title. A record of all Permits Shall be kept on file in the Department and copies Shall be furnished on request to any Person having a proprietary or Tenancy interest in the Building or land affected.

(Ord. 0-6-94 § 1, 1994; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.58.030 - Administrative Application review procedures. ¶

A.

Authority.

1.

The Director is authorized to review, approve, deny or conditionally approve all Development Applications as further described in this section.

2.

The Director Shall be assisted in his/her decisions by an Application Review Committee ("Committee") and May appoint members to the Committee to assist him/her in carrying out the Application review procedures outlined in this section.

3.

The Director May receive recommendations from the Committee on all Projects described in this section.

4.

The Director May have regularly scheduled meetings of the Committee and May call special meetings at his/her convenience or as the situation May warrant.

B.

Intent and purpose. The City finds that an administrative Application review process will support the

implementation of the General Plan and Zoning Code by ensuring compliance with all purposes, objectives, policies and standards in an efficient and objective manner.

C.

Powers. Notwithstanding other provisions of this Code, the Director is granted power to receive, administratively hear and determine Applications and collect a fee in accordance with the most current adopted fee schedule on the Following Matters only:

1.

Minor deviations. The Director Shall have the power to hear and approve, conditionally approve or deny minor deviations from the provisions of the zoning regulations in the limited situations enumerated below:

a.

An increase of up to ten percent of Floor Area Ratio or lot coverage over the maximum allowed;

b.

A ten percent maximum reduction on the front Setback, two feet maximum reduction on the side Setback, twenty percent maximum reduction on the rear Setback, and twenty percent maximum reduction on the separation between Buildings;

c.

Width reduction not exceeding two feet of the amount prescribed for paved vehicular Access;

d.

A maximum of five percent reduction of the minimum Floor Area for Dwelling Units;

e.

A maximum height increase of two feet for Fences, Hedges and Walls;

f.

Allowance for the Use of common Recreation Space as a substitute for private Recreation Space;

g.

Area, width and Setback reductions up to ten percent of the amount prescribed for automobile service stations;

h.

Reduction of up to ten percent of the amount of Parking Spaces required.

i.

Increase of up to ten percent of the maximum sign area, maximum height, or increase/reduction of ten percent in maximum/minimum letter height for Building attached or freestanding signs.

j.

Modify front yard paving and landscaping requirements within the R-1 Zone for properties with no available on-street parking within sixty (60) feet of property line.

2.

Minor Subdivisions. Where basic criteria for a Minor Subdivision are met as prescribed by Section 16.20.020 of this Code, the Director Shall have the power to recommend Approval, conditional Approval or disapproval to the Public Works Director of any proposed Minor Subdivision in the Following limited situations and provided no Variances are required:

a.

Realignment of Lot Lines, where the Minor Subdivision Application consists of the realignment of existing Lot Lines;

b.

Where the Application for the Minor Subdivision consists of an Application to split off a portion of the Lot (or to acquire a portion of another Lot) not to exceed twenty-five percent of the Lot of the Applicant involved;

Where the Application consists of division into not more than four Parcels.

3.

Architectural and Site Plan Review. The Director Shall review, and approve, deny or conditionally approve Architectural and Site Plan Review for Projects which do not exceed fifteen thousand square feet of gross floor area. The Director Shall only make recommendations on Projects of larger size and the Planning Commission Shall have the authority to approve, deny or conditionally approve Architectural and Site Plan Review for all such proposed Projects in the City that exceed fifteen thousand square feet of gross floor area. Only plans for the Development of a Single-Family detached Dwelling including accessory Buildings, and additions or Alterations to existing Structures, fences, hedges and walls which do not change the external appearance nor increase the intensification of Use of the Structure, Shall be exempt from Architectural and Site Plan Review. The Director and/or the Planning Commission Shall approve or conditionally approve Architectural and Site Plan Review , except where they make one or more of the Following findings:

a.

The provisions for vehicular parking and for vehicular and Pedestrian circulation on the site, and onto adjacent public Right-of-Way will create safety hazards;

b.

The bulk, location and height proposed will be detrimental or injurious to other Development in the neighborhood or will result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the Project is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage;

c.

The provisions for on-site Landscaping do not provide adequate protection to neighboring Properties from detrimental features of the proposed Project that could be avoided by adequate Landscaping;

d.

The provisions for exterior lighting are either inadequate for human safety or will diminish the value and/or usability of adjacent Property;

e.

The exterior design of the Buildings and Structures will be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed Project is located and will cause irreparable damage to Property in the neighborhood, to the City and to its citizens;

f.

The proposed Project will impose an undue burden upon Off-Site public services, including sewer, water and streets, which conclusion Shall be based upon a Written report of the City Engineer; and there is no

provision in the capital works program of the City to correct the specific burden within a reasonable period after the Project will be completed.

4.

Signs. The Director Shall review Applications for all Signs within the City, recognizing that the height, size, shape, number, color, lighting and movement of any Sign Shall be proportional to the size and/or intensification of Use of any given Development. The Director Shall have the authority to approve, conditionally approve or deny those signs identified in Table 18.50-1 of this Title as being subject to Approval by the Director.

5.

Determination of appropriate environmental documents to be prepared pursuant to CEQA. Except as otherwise provided in Subsection D. herein, the Director Shall direct City staff regarding the appropriate document(s) to prepare on each proposed Project for Commission and/or Council review and certification pursuant to the California Environmental Quality Act (CEQA). Where the Project is deemed to be exempt from environmental review pursuant to CEQA Guidelines, the Director Shall make such findings and file all required forms.

6.

Approval of architectural and site plan review within a Specific Plan Area. In cases where all standards, criteria and guidelines specified by a specific plan are met, the Director Shall have the power to approve any Architectural and Site Plan Review.

7.

Unlisted Uses. The Director Shall make determinations whether a use not specifically listed in this Zoning Code is permitted, conditionally permitted or not permitted pursuant to Subsection 18.060.060 K.

D.

Environmental determination for public works projects. Notwithstanding any other provision in this title, the Director of Public Works, or his or her Designee(s), Shall determine the appropriate level of environmental review necessary for CEQA compliance. In the event a Project is not exempt from CEQA, the Director of Public Works Shall recommend to the City Council the appropriate environmental document in accordance with CEQA Guidelines. If required, the Decision of the Director of Public Works, and his or her Designee(s), Shall be subject to the Approval of and/or Appeal to the City Council only. The procedures for Appeal to the City Council Shall be the same as those set forth in Subsections F.2. and F.3. of this section, except that such Appeal Shall be in writing and delivered to the Director of Public Works and the City Clerk, rather than the Director.

E.

Decisions.

All Decisions Shall be effective ten Days after the Director's Decision.

2.

In all cases, Written Notice of the Director's Decision Shall be mailed or personally delivered to the Applicant. If personally delivered, the Written Notice Shall be deemed received by the Applicant upon personal delivery. If mailed, the Written Notice Shall be deemed received by the Applicant three calendar days following deposit in the mail.

F.

Appeals and Discretion to decline jurisdiction.

1.

Notwithstanding any provisions giving the Director the power and the authority to hear and determine the foregoing Matters, the Director May, at his/her discretion, decline to hear or determine the Matter and instead May refer it to the Commission.

2.

Any Applicant not satisfied with a determination by the Director Shall have the right to Appeal to the Planning Commission. Such Appeal Shall be made in writing and delivered to the Office of the Director within ten calendar Days after the Applicant's receipt of notification of the Director's Decision. A Fee Shall be paid as established by City Council Resolution.

3.

In the event of an Appeal as provided in Subsection F.1. or F.2. of this section, the action of the Director in the Matter Shall be suspended pending the Appeal. After a Decision by the Commission, Appeal Shall be to the Council. Such Appeal Shall be made in the same time and manner as the Appeal to the Commission, except that the Appeal Shall be Written and delivered to the City Clerk, rather than the Director.

G.

Filing Fee. With respect to Applications filed under the provisions of Subsections C.1., C.2., C.4. and C.8. of this section, a Uniform Fee set by Council Resolution Shall be paid to the City upon the filing of each Application to cover the costs and expenses involved.

(Ord. 0-12-06 § 2, 2006: Ord. 0-16-05 § 10, 2005; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-03-14, § 8, 3-4-2014; Ord. No. O-11-20, § 14, 10-20-2020; Ord. No. O-01-21, § 12, 2-16-2021)

18.58.040 - Variances.

A.

Variances from the terms of this title Shall be granted only when, because of special circumstances applicable to the Property, including size, shape, topography, location or surroundings, the strict

Application deprives such Property of privileges enjoyed by other Property in the vicinity and under identical zoning classification.

B.

Any Variance granted Shall be subject to such conditions as will assure that the adjustment thereby authorized Shall not constitute a grant of special privileges inconsistent with the limitations upon other Properties in the vicinity and zone in which such Property is situated.

C.

The Planning Commission, upon its own motion May, or upon the verified Application of any interested Person Shall, initiate proceedings for consideration of the granting of a Variance from the provision of this title.

D.

Application for Variances Shall be made to the Commission in writing, and Shall contain such information as May be specified by the Director. In cases where the Department considers the conditions set forth on the Application not within the scope of the Variance procedure, the Applicant Shall be so informed, whereupon, if the Application is accepted, it Shall be signed by the Applicant to the effect that he was informed.

E.

A Uniform Fee set by Council Shall be paid to the City upon filing of each Application.

F.

The Commission Shall hold one Public Hearing upon the Matters referred to in the Application. Additional hearings May be held at the discretion of the Commission. Within forty Days of said first hearing, the Commission Shall make a determination and report thereon, unless the Matter is continued for further investigation and study.

G.

Notice of Time and place of the hearing shall be given through the United States mail, with postage prepaid, to all persons shown on the last equalized assessment roll of the County, as owning property and tenants within a distance of six hundred sixty feet from the external boundaries of the property described in the application.

H.

In Addition, further Notice May be given by publication in a newspaper of general circulation in the City, or in such manner as May be deemed necessary or desirable.

I.

Any Variance granted Shall be subject to such conditions as deemed necessary and reasonable to protect the best interests of the surrounding Property or neighborhood, the General Plan, or the intent thereof.

Such conditions May include the dedication and Development of Streets adjoining the Property, and other Improvements. All such conditions Shall be binding upon the Applicants, their successors and assigns.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-03-14, § 9, 3-4-2014; Ord. No. O-05-16, § 3, 4-5-2016; Ord. No. O-11-20, § 15, 10-20-2020)

18.58.050 - Zone changes and General Plan amendments.

A.

Subject to the provisions of the state planning and zoning Law, proceedings to change zones and/or General Plan or specific plan Designations, or Uses within zones and/or Designations, to alter boundaries of zones and/or Designations, to impose regulations not heretofore imposed May be initiated and conducted in the Following manner:

1.

By motion of the Council on its own initiative;

2.

By action of the Commission on its own initiative, or the Owner(s) of record of the Parcel(s) of Property for which a change is sought, or by a purchaser thereof under a contrast in writing duly executed and acknowledged by both the Buyer and the seller, by a lessee in possession thereof with the Written consent of the Owner(s) or by the agent of any of the foregoing, duly authorized thereto in writing.

B.

Any Application for a change of zone and/or General Plan or specific plan Designation Shall contain such information as is requested by the Director. The accuracy of all information, maps and lists submitted Shall be the responsibility of the Applicant. The Department May reject any Application that does not supply the information requested.

C.

A Uniform Fee set by Council Resolution Shall be paid to the City upon the filing of each such Application.

D.

No Application (other than one initiated by the Commission or Council) Shall be accepted, for a change of zone and/or General Plan Designation, for Parcels of Property, or portions thereof, which have been included in an Application upon which final action has been taken by the Council within twelve Months prior to the date of said Application for the same or substantially the same change. If, however, a substantial change of circumstance is shown to have occurred since the previous unsuccessful Application and good cause is shown therefor, the Applicant May reapply after the final action on the prior Application, by applying to the Commission for Permission to file the subsequent Application for the change. A denial by the Commission of Permission to file a new Application May be Appealed.

The Commission Shall hold one Public Hearing upon the Matters referred to in a petition for a zone change and/or General Plan amendment. Additional hearing May be held, at the discretion of the Commission. Within forty Days of the first hearing, the Commission Shall make a determination and a Written recommendation thereof to the Council, unless the Matter is continued for further investigation and study, in which event, the Commission Shall make a progress report to the Council at least once every forty Days. When such hearings, investigations and studies have been completed, the Commission Shall render its Decision in the form of a Written recommendation to the Council. The Council, after receipt of the recommendation, Shall hold one Public Hearing and May in its discretion hold additional hearings, after the completion of which it Shall either approve, modify or reject the same. Any Decision by the Council Shall be by majority vote of the entire membership of the Council.

F.

In considering any request for a change of zone, the Commission Shall satisfy itself that the Following conditions prevail before recommending to the Council that the change be granted:

1.

That the proposed change of zone is in conformity with the General Plan of the City;

2.

That there is a need in the community for more of the types of Uses Permitted by the zone;

3.

That the proposed change of zone would not adversely affect the surrounding area or the community in general.

G.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992; Ord. No. O-11-20, § 16, 10-20-2020)

18.58.060 - Conditional Use Permits and Minor Conditional Use Permits.

A.

The purpose of a Conditional Use Permit or Minor Conditional Use Permit is to allow certain Uses that contribute to the orderly growth and Development of the City to be properly integrated into the overall community pattern and zone where located.

B.

A Minor Conditional Use Permit application may be filed for uses that are of less complexity and require less staff time to process than uses which require a Conditional Use Permit. Uses subject to a Minor

Conditional Use Permit are listed in Section 18.06.060—Uses Permitted in each Zone.

C.

In considering a Conditional Use Permit or Minor Conditional Use Permit, the Commission Shall affix those conditions which it determines will tend to safeguard the public health, safety and general welfare in the zone.

D.

Applications for Conditional Use Permits or Minor Conditional Use Permits Shall be made to the Commission, in writing, and Shall contain such information as May be specified by the Director.

E.

A Uniform Fee, set by Council Resolution, Shall be paid to the City upon the filing of each Application.

F.

The Commission Shall hold one Public Hearing upon the Matters referred to in the Application. Additional hearings May be held, at the discretion of the Commission. The Commission Shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.

G.

H.

In addition, further Notice May be given by publication in a newspaper of general circulation in the City, or in such other manner as May be deemed necessary or desirable.

I.

Before approving a Conditional Use Permit or Minor Conditional Use Permit, the Commission Shall make certain findings that the circumstances prescribed below do apply:

1.

That the proposed Use is in accord with the General Plan, the objectives of this title, and the purposes of the zone in which the site is located;

2.

That the proposed Use, together with the conditions applicable thereto will not be detrimental to the public health, safety or welfare, or Materially injurious to Properties or Improvements in the vicinity;

That the proposed Use complies with each of the applicable provisions of this title.

J.

The Commission Shall make its findings and render its Decision granting or denying the Conditional Use Permit or Minor Conditional Use Permit in writing forty Days after the date of the first hearing, unless continued for further investigation, study or hearing.

K.

A revision or modification to an Approved Conditional Use Permit or Minor Conditional Use Permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation or change of ownership May be requested by an Applicant. The Applicant Shall supply necessary information as determined by the City, to indicate reasons for the requested change.

L.

The Planning Commission May periodically review any Conditional Use Permit or Minor Conditional Use Permit to ensure that it is being operated in a manner consistent with conditions of Approval or in a manner which is not detrimental to the public health, safety or welfare, or Materially injurious to Properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a Public Hearing date Shall be set.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-05-16, § 4, 4-5-2016; Ord. No. O-11-16, § 4, 8-2-2016; Ord. No. O-11-20, § 17, 10-20-2020)

18.58.070 - Expiration of land Use entitlements. ¶

Any land Use entitlement described in this chapter granted by the Commission becomes subject to revocation or surrender if not exercised within one Year of the date of Approval thereof. Upon Written Application by the Applicant or Property Owner filed prior to the expiration of the Approved land Use entitlement, the time at which the land Use entitlement expires May be extended by the Commission for an additional one Year period, at a time, for good cause. The existence of "Good Cause" will be determined at the sole discretion of the Commission. No more than four extensions May be granted for any Approved land Use entitlement. Upon Written Application by the Applicant or Property Owner filed prior to the expiration of the land Use entitlement, the Approved land Use entitlement Shall automatically be extended for thirty Days or until the Application for extension is Approved or denied, whichever occurs first. All requests for extension Shall be acted upon by the Commission on the consent calendar.

(Ord. 0-15-07 § 15, 2007: Ord. 0-21-99 § 1, 1999; Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-13-17, § 2, 12-19-2017)

18.58.080 - Revocation of land Use entitlements.

Any land Use entitlement described in this chapter may, by action of the Commission, be revoked or surrendered upon any one or more of the Following grounds:

1.

That the Approval was obtained by fraud;

2.

That the Use for which such Approval is granted has not been exercised within one Year of the date of Approval thereof;

3.

That the Use for which such Approval was granted has ceased to exist or has been suspended for one Year or more;

4.

The land Use entitlement granted is being, or recently has been, exercised contrary to the terms or conditions of such Approval, or in Violation of any statute, Ordinance, Law or regulation;

5.

That the Use for which Approval was granted was so exercised as to be detrimental to the public health and safety, or so as to constitute a Nuisance;

6.

That the Use for which such Approval is granted has not been exercised and the Owner wishes to surrender or remove the land Use entitlement.

B.

A Public Hearing Shall be held before the Commission or before a Neutral Hearing Officer, appointed as specified in Section 18.58.101, to determine whether there are grounds to revoke or surrender the land Use entitlement. Written Notice of the Public Hearing Shall be served on the Owner of the Property for which such land Use entitlement was granted, at least ten Days before such Public Hearing. The Notice May be served either personally or by registered mail, postage prepaid, return receipt requested.

C.

At the Public Hearing, the Commission or the Hearing Officer, as applicable, Shall investigate the facts bearing on each case and render its Decision in writing within forty Days after the date of the first hearing, unless continued for further investigation, study or hearing. The Decision of the Commission or the Hearing Officer on the revocation of any land Use entitlement Shall be final Following a ten-Day Appeal period.

ommission or the Hearing Officer, as applicable, Shall investigate the facts bearing on each case and render its Decision in writing within forty Days after the date of the first hearing, unless continued for further investigation, study or hearing. The Decision of the Commission or the Hearing Officer on the revocation of any land Use entitlement Shall be final Following a ten-Day Appeal period.

(Ord. 0-15-07 § 16, 2007)

(Ord. No. O-13-17, § 3, 12-19-2017)

18.58.090 - Referral of extension or revocation determination to City Council. ¶

Notwithstanding any provision hereof giving the Commission the power and authority to hear and determine whether there are grounds for an extension or a revocation of a land Use entitlement, the Commission may, at its discretion, decline to hear or determine the Matter and instead May refer it to the City Council. The City Council May consider the foregoing Matters, or May instead refer such Matters to a neutral Hearing Officer, to be appointed as further specified in Section 18.58.101.

(Ord. 0-15-07 § 17, 2007)

18.58.100 - Appeal procedure. ¶

A.

The Decision of the Commission on all land Use Applications Shall be final Following a ten-Day Appeal period. The Commission Shall, within two working Days from the date of the Commission's action of any land Use Application, notify the Applicant by forwarding a Copy of the Resolution to the address shown upon the Application.

B.

The action of the Planning Commission in denying an Application Shall be final and conclusive unless, within ten calendar Days Following the Notice of the Commission's action to the Applicant, an Appeal in writing is filed with the City Clerk by the Applicant, persons residing or owning property within six hundred sixty feet from the external boundaries of the Property subject to the Planning Commission's decision, or the City Council pursuant to subsection H below.

C.

Upon receipt of a Written Appeal, the City Clerk Shall advise the Secretary of the Planning Commission who Shall transmit the Planning Commission's Complete Record of the case.

D.

Within forty Days Following receipt of the filing of a Written Appeal, the City Council Shall conduct a duly advertised Public Hearing on the Matter, or Shall appoint a Neutral Hearing Officer, as further specified in Section 18.58.101, to conduct a duly advertised Public Hearing on the Matter, Public Notice of which Shall be given.

E.

The City Council Shall announce its findings and Decision by formal Resolution not more than forty Days Following the conclusion of the hearing, and the Resolution Shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the Approval or denial of the Application necessary to carry out the general purpose of this title.

F.

The action by the City Council Shall be by a majority vote of those members present and voting and Shall be final and conclusive. Any Resolution adopted shall require a minimum of four (4) votes.

G.

In the event of an Appeal as provided above, the action of the Commission in the Matter Shall forthwith be suspended pending the Appeal. Upon the City Council's or Hearing Officer's rendering of a decision on Appeal, the action of the Commission in the Matter shall be void and of no force of effect. In the event that the City Council is unable to render a decision on Appeal, the decision of the Commission shall be final and conclusive.

H.

Any two members of the City Council May Appeal the Decision of the Commission on a land Use Application, within ten calendar Days after mailing of the Notice of the Commission's decision. Notice of the Commission's decision Must be mailed within two working Days after such decision to the members of the City Council.

(Ord. 0-15-07 § 18, 2007)

(Ord. No. O-13-17, § 4, 12-19-2017; Ord. No. O-06-18, § 2, 4-3-2018)

18.58.101 - Appointment of Neutral Hearing Officer.

A.

If a Decision regarding a land Use entitlement is referred for consideration to a Neutral Hearing Officer according to the provisions set forth in this chapter, the City Shall arrange for a qualified Hearing Officer pursuant to any of the Following methods selected in its sole discretion: (1) pursuant to an agreement for a qualified Attorney with the California Office of Administrative Hearings; (2) pursuant to an agreement for a qualified Attorney with the County of San Bernardino; (3) by mutual agreement with the holder of the land Use entitlement/appellant; or (4) pursuant to any other method or agreement which satisfies applicable Law. "Qualified Attorney" means an Attorney at Law having been admitted to practice before the Courts of this state for at least five Years prior to his/her appointment. Hearing Officers Shall be assigned to Matters on a rotating basis to assure fair and impartial review and analysis of applicable issues. The City Shall have no role in the selection, assignment or rotation of the Hearing Officers, except as provided for in (3) above when mutually selected with the appellant.

B.

The City and holder of the land Use entitlement/appellant Shall each be responsible for paying one-half of the Fees and costs charged by the Hearing Officer, unless and except to the extent that a specific provision of this Code provides otherwise.

C.

Nothing contained in this section Shall be construed to prohibit any Person from seeking prompt judicial review of a Decision of a City Official regarding an activity protected by the First Amendment of the United States Constitution, as applicable. The City Shall comply with all requirements provided for by the

California Government Code, Code of Civil Procedure, or other applicable Laws, rules or regulations necessary for prompt judicial review.

(Ord. 0-15-07 § 19 (part), 2007)

18.58.102 - Development agreements. ¶

A.

Purpose. The purpose of this section is to establish procedures and requirements for the City's consideration of Development agreements upon Application by, or on behalf of, a Property Owner or other Person having a legal or equitable interest in the Property which is to be the subject of a Development agreement. In adopting this section, the City Council has considered the General Plan of the City and the legislative findings and declarations set forth in Section 65864 of the Government Code.

B.

Development Agreement—Authorized. Pursuant to the provisions of Chapter 2.5 of Division 1 of Title 7 of the Government Code (Section 65864 et seq.), the City Council is authorized to enter into Development agreements upon Application by, or on behalf of, a Property Owner or other Person having legal or equitable interest in the Property which is the subject of the proposed agreement.

C.

Development Agreement—Application, Fees.

1.

A Developer wishing to enter into a Development agreement with the City Shall submit to the Planning Director a Written Application on a form provided by the Planning Director.

2.

The Planning Director May require the Developer to submit such additional information and supporting data as May be considered necessary to properly evaluate the proposed Development agreement.

3.

The Written Application required in this section Shall be accompanied by a nonrefundable processing Fee in an amount as set by Resolution of the City Council.

D.

Proposed Form of Agreement. Each Application Shall be accompanied by the form of Development agreement proposed by the Applicant.

E.

Review of Application. The Planning Director Shall review the Application to determine whether or not it is complete. If it is found that the Application is complete, the Planning Director Shall accept it for filing. If the

Application is found to be incomplete, the Planning Director Shall refuse to accept the Application for filing and Shall inform the Applicant of the items necessary to properly complete the Application.

F.

Development Agreement—Hearing by Planning Commission.

1.

The Planning Director Shall refer all Applications for Development agreement to the Planning Commission for a Public Hearing.

2.

Upon receipt of the Application, the Planning Director Shall set a date for the Public Hearing.

3.

The Planning Director Shall insure that the public is given proper Notice of said Public Hearing in accordance with state planning, zoning and Development Law.

G.

Upon receipt of a referral as set forth in subsection (K)(1) of this section, the Planning Commission, without further Public Hearing, Shall consider the new Matters and report its recommendations in writing to the City Council within forty Days after receipt of said referral. Failure to act within the forty-Day limit Shall constitute a favorable endorsement on the Matters set forth in the referral.

3.

If the City Council approves the Development agreement, it Shall do so by Ordinance.

L.

Requirements for Approval. No Development agreement May be Approved by the City Council unless all of the Following conditions are met:

1.

The City Council Must find that:

a.

The provisions of the agreement are consistent with the General Plan and any applicable specific plan, and

b.

The Development agreement complies with all applicable zoning, Subdivision, and Building regulations, and with the general and any relevant specific plan;

2.

The agreement Must state:

a.

The specific duration of the agreement,

b.

The Permitted Uses of the Property,

c.

The density and intensity of Use,

d.

The maximum height and size of proposed Buildings,

e.

Specific provisions for reservations or dedication of land for public purposes.

Effective Date of Development Agreement. In adopting this subsection, the City Council recognizes the fact that a Development agreement is a legislative Act which is subject to referendum. Therefore, notwithstanding the fact that the City Council adopts an Ordinance ap-proving a Development agreement and causes said agreement to be signed, said agreement Shall be effective and Shall only create obligations on the Part of the City from and after the date that the Ordinance approving said Development agreement takes effect.

N.

Development Agreement—Amendment or Cancellation. Either Party May propose an amendment to or cancellation in whole or in Part of a Development agreement previously entered into. However, with the exception of modification or revocation pursuant to subsections Q through V of this section, both parties Must agree in writing to an amendment, or cancellation, of a Development agreement before it Shall be effective.

O.

Amendment or Cancellation Procedure.

1.

The procedure for proposing an adoption of an amendment to or cancellation in whole or in Part of the Development agreement is the same as the procedure for entering into an agreement in the first instance as outlined in this section.

2.

However, where the City Council initiates the proposed amendment to or cancellation in whole or in Part of the Development agreement, it Shall first give Notice to the Property Owner of its intention to initiate such proceedings at least fifteen calendar Days in advance of the giving of Notice of the Public Hearing regarding the amendment or cancellation pursuant to subsection F of this section.

P.

Recordation of Development Agreement, Amendment or Cancellation.

1.

Within ten Days after the effective date of the Development agreement, the City Clerk Shall have the agreement recorded with the County Recorder.

2.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the Applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk Shall have Notice of such action recorded with the County Recorder.

Any periodic review conducted pursuant to subsection Q of this section Shall be accomplished in the form of a Public Hearing as required by subsection G of this section.

The burden Shall be on the Developer or his successor in interest, to demonstrate good-faith compliance with the terms of the agreement.

3.

At the conclusion of the Public Hearing, the City Council Shall make findings regarding whether or not the Developer has, for the period under review, complied in good faith with the terms and conditions of the agreement.

T.

Periodic Review—Action by Council.

1.

If the City Council finds and determines on the basis of the evidence given that the Property Owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period Shall be concluded.

2.

If the City finds and determines on the basis of substantial evidence that the Property Owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Council May modify or terminate the agreement.

3.

If the periodic review has been referred by the City Council to the Planning Commission or to the City Manager or his Designated Representative, the determination resulting from said review Shall be Appealable in writing to the City Council within ten calendar Days after the final action. A hearing Shall be conducted in accordance with the City Council's rules for consideration of Appeals.

4.

If the periodic review is conducted by the City Council, the determination resulting from said review Shall be deemed to be final for all purposes.

U.

Periodic Review—Modification or Termination of Agreement—Public Hearing, Notice.

1.

If, upon a finding pursuant to subsection (V)(2) of this section, the City determines to proceed with modification or termination of the agreement, the City Shall set a hearing date and give Notice to the Property Owner and the public of the hearing. Said Notice Shall be given in the manner set forth in subsections F and R of this section.

In addition to the informational content required by subsections F and R of this section, the Notice required by this section Shall contain:

a.

A statement concerning whether the City proposes to terminate or to modify the Development agreement;

b.

Other information which the City considers necessary to inform the Property Owner of the nature of the proceedings.

V.

Periodic Review—Modification or Termination—Hearing.

1.

Any Public Hearing on the subject of modification or termination of the agreement based upon a periodic review Shall be conducted in the manner prescribed in subsection G of this section.

2.

Upon concluding said hearing, the City Council May take whatever action it deems necessary to protect the interest of the City.

3.

The Decision of the City Council Shall be final.

(Ord. 0-15-07 § 19 (part), 2007)

(Ord. No. O-12-18, § 42, 12-18-2018)

Chapter 18.60 - ENFORCEMENT

18.60.010 - Roles. ¶

A.

It Shall be the duty of the Department to enforce the provisions of this title pertaining to the location, design, erection, construction, reconstruction, moving, conversion, Alteration of, or addition to, any Building Structure or other Improvements; and to enforce the requirements of Occupancy in any Dwelling, Apartment house, or other Building not otherwise regulated by the Director of Building and Safety or by the License Officer as herein stated.

In addition, the Director of the Community Development Department of the City is authorized to enforce Colton Municipal Code Titles 15 and 16.

Police Department. It Shall be the duty of the Police Department of the City to assist the Department, License Officer or other Administrative Officer or agent of the City, in enforcing all of the requirements of this title pertaining to land Use, Development or Occupancy and it Shall be the duty of all Police Officers to service all complaints filed or to be filed against all Persons violating any of the requirements of this title unless such action is otherwise delegated, as stated herein.

C.

License Officer. Before any new Business License is issued by the License Officer for the Use or Occupancy of any Property or Buildings, a certificate of clearance indicating satisfactory compliance with the rules, regulations and Ordinances delegated to other City Departments for enforcement Shall be obtained by the License Officer from the Department and from the Police, Fire, Building and Health Departments.

D.

City Attorney. It Shall be the duty of the City Attorney to commence, upon Order of the Council, legal actions to enjoin and correct Violations of this title.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.60.020 - Procedure. ¶

Any Building, Structure or other Improvements set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, any Use of land, Building, or Premises established, conducted or operated or maintained contrary to the provisions of this title Shall be and the same is declared to be unlawful and a Public Nuisance. Upon a request by the Director, the City Attorney Shall immediately commence action or proceedings for the abatement and removal and the enjoining thereof in the manner prescribed by Law, and Shall take such other steps and Shall apply to such Courts as May have jurisdiction to grant such relief as will abate and remove the Structure or Building, and enjoin any Person, firm or corporation from setting up, erecting, Building, maintaining or the Use of any such Building or Structure or using Property contrary to the provisions of this title. The remedies provided herein Shall be cumulative and not exclusive.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.60.030 - Citation authority. ¶

The Director and his authorized Designees are authorized to issue a citation for an infraction as to such Violation after such Notice if there is neither correction nor compliance.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.60.040 - Violation—Penalties. ¶

Any Person, firm or corporation, whether as principal, agent, Employee, or otherwise, violating or causing the Violations of any of the provisions of this title Shall be guilty of a misdemeanor, and upon conviction thereof Shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the City Jail or County Jail for a term not to exceed six Months, or by both such fine and imprisonment. Such

Person, firm or corporation Shall be deemed guilty of a separate offense for each and every Day during any portion of which any Violation of this title is committed or continued by such Person, firm or corporation and Shall be punishable as herein provided.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)