§ 22.42

Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness in the following manner:

(1)

Drive-through aisles shall have a minimum ten-foot interior radius at curves and a minimum 12-foot width. Each drive-through entrance/exit shall be at least 50 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings;

(2)

Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space;

(3)

Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings;

(4)

The provision of drive-through service facilities shall not justify a reduction in the number of required offstreet parking spaces;

(5)

Service areas, waste storage areas, and ground-mounted or roof-mounted mechanical equipment shall be screened from view from adjacent properties or public rights-of-way;

(6)

The vehicle queuing capacity of the drive-through facility and the design and location of the ordering and pickup facilities shall be determined by the director. The applicant shall submit a circulation study and appropriate documentation addressing the following issues:

a.

Nature of the product or service being offered;

b.

Method by which the order is processed;

c.

Time required to serve a typical customer;

d.

Arrival rate of customers;

e.

Peak service hour; and

f.

Anticipated vehicular queuing required.

(7)

Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking lots; and

(8)

A six-foot-high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the director.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.42.060. - Guest houses.

This section establishes standard for the development and operation of guest houses in zoning districts where guest houses are allowed in compliance with article II (Zoning Districts and Allowable Land Uses), and subject to the approval of the director provided all of the following standards are met:

(1)

Intended use. A guest house, which may include only a sleeping area, living area, and bathroom, is intended to provide temporary living quarters within a detached or attached residential accessory structure, located on the same premises with the primary residence, for use by guests of the occupants of the premises.

(2)

Development standards. The location and construction of guest houses shall comply with the following standards and as such may be approved by the director:

a.

Number. A guest house shall not be permitted on any parcel for which an accessory dwelling unit has been permitted.

b.

Location. A guest house may be within, attached to, or detached from the existing primary residence. If detached, the guest house shall be located within the rear portion of the subject parcel.

c.

Access. The location of a detached guest house shall provide minimum of five-foot wide pedestrian access to the main development;

d.

Site requirements. The parcel proposed for a guest house shall have a minimum area of 10,000 gross square feet and a minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet, and a minimum depth of 100 feet;

e.

Floor area. The guest house floor area shall not exceed 600 square feet if the parcel is between 10,000 and 20,000 gross square feet. For parcels greater than 20,000 square feet, the guest house floor area may exceed 600 square feet but shall not be greater than 900 square feet or 30 percent of the existing living area of the primary residence, whichever is smaller;

f.

Architectural compatibility. The architectural style of the guest house in design features, such as but not limited to, materials, colors, roofing, scale, surface treatments and details shall match the primary residence.

g.

Setbacks. The guest house shall: utilize the same setback requirements as the primary residence; not exceed one story or 15 feet in height as measured from the natural or finished grade to the highest area of the roofline; not exceed the maximum lot coverage permitted in the zone where the subject lot is located; and the design of the guest house shall not change the character of the surrounding residential neighborhood;

h.

Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the main dwelling. The guest house shall not be provided with separate metered utilities;

i.

Plumbing and electrical installations. Plumbing shall be limited to that required for a single bathroom, water closet, lavatory, and a shower or tub. Electrical installation shall be limited to the minimum required for heating, light, and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard;

j.

Kitchens prohibited. The guest house shall not contain a kitchen. A kitchen is defined to include, but not necessarily be limited to, the following:

1.

Cooking stove with or without an oven;

2.

Kitchen sink, cabinets and appurtenant plumbing;

3.

Convection ovens; and

4.

All appurtenances, related to the above.

k.

Rental is prohibited. The guest house shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect; or otherwise used as a separate dwelling;

m.

Sale or subdivision of a guest house. The sale or subdivision of a guest house separate from the primary residence shall be prohibited;

n.

Covenant and agreement. Prior to the issuance of any city permits, the owner of record shall sign and record a covenant and agreement, in a form provided by the city, which shall place future buyers on notice of the maximum size of the guest house, that the guest house may not be sold, transferred or assigned separately from the primary residence, that the owner of record shall reside on the property and that such restrictions shall run with the land and shall be binding upon all future owners.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 04(2001), § 4, 11-20-01; Ord. No. 02(2003), 9-16-03; Ord. No. 04(2005), § B, 3-15-05; Ord. No. 04(2012), § 12, 4-17-12; Ord. No. 03(2017), § 4, 5-2-17)

Sec. 22.42.070. - Home-based businesses.

Home-based businesses are allowed in residential zoning districts when operated in compliance with the provisions of this subsection:

(1)

Operational standards. Home-based businesses shall comply with the following operating standards:

a.

Location. The location of the business shall be the principal residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes;

b.

No alterations. Alterations shall not be made which would alter the character of the residence or change its occupancy classification in compliance with the building code;

c.

Signs. Advertising sign(s), displays of merchandise or stock in trade, or other identification of the business activity shall not be provided on the premises;

d.

Nuisance factors. The business shall not create levels of glare, light, noise, electrical interference, dust, heat, odor, solid waste, vibration, or other characteristics in excess of that customarily associated with similar residential uses;

e.

Residents only. Persons engaged in the business shall be limited to persons residing on the premises and one employee;

f.

Size. The total floor area used for the business, including any area within accessory structures, shall not exceed 20 percent of the total living space of the dwelling unit or 400 square feet, whichever is larger. The space devoted to noncommercial business vehicles under one ton carrying capacity, parked in the garage, is excluded from the total floor area devoted to the business;

g.

Use to be enclosed. The business shall be conducted completely within the enclosed living space of the residence or accessory structure. If the business is conducted within a garage, the use shall not encroach within the required parking spaces for the residence. The vehicle door to the garage shall remain closed while the business activity is being conducted;

h.

No outside storage. Equipment, materials or products associated with the business shall not be stored outdoors. Contractors are not permitted to store landscaping, plumbing, electrical, construction or similar supplies or materials on the premises, except those contained within a single vehicle of less than threefourths ton carrying capacity;

i.

Hazardous materials. The business shall not involve the storage or use of explosive, flammable, or toxic materials specifically defined as hazardous materials;

j.

Vehicle trips. The business shall not generate additional pedestrian or vehicular trips in excess of that customarily associated with the zoning district in which it is to be located. Clients, customers, patrons or students shall not visit or conduct business at the residence. Truck deliveries of mail or packages are not permitted to average more than two times per week; and

k.

Sale and storage of merchandise. Merchandise, products or stock-in-trade shall not be sold upon the premises, and stock used by the business that is not customary to a residence shall be stored at an off-site location (e.g., storage facility or other nonresidential location). Required parking spaces shall be kept clear and used only for the parking of vehicles owned by persons residing on the premises.

(2)

Prohibited home-based businesses. Home-based businesses are prohibited that would:

a.

Not comply with the standards and criteria contained in subsection (1) (Operational standards);

b.

Generate levels of dust, glare/light, noise, odor, or traffic which would have a significant adverse effect upon the neighborhood and environmental setting of the residential site;

c.

Be inconsistent with the general plan and any applicable specific plan;

d.

Threaten the health and safety of the citizens of the city; and

e.

Clearly represent a use that would conflict with the normal residential atmosphere of the neighborhood surrounding the subject site;

f.

Create parking demands exceeding the availability of spaces on the premises.

(Ord. No. 02(1998), § 2, 11-3-98)

This section establishes standards for live entertainment and dancing.

(a)

Live entertainment and dancing by patrons, employees and independent contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants.

(b)

Live entertainment is permitted in community/cultural centers, "clubs, lodges and private meeting halls," and hotels only in connection with banquets, parties, and receptions. Community/cultural centers, "clubs, lodges and private meeting halls" and hotels shall not book a banquet, party or reception involving live entertainment for the same person or organization more than once in any 90-day period. The banquet or party space in a hotel in which live entertainment is provided must be accessible only through an interior lobby or foyer.

(c)

Nothing herein prohibits live entertainment in schools, and "theaters and auditoriums" provided that no alcoholic beverages are sold or otherwise made available to patrons or consumed on the premises.

(d)

This section is inapplicable to adult-oriented businesses, which are governed by section 22.42.020.

(e)

This section is inapplicable to religious places of worship.

(f)

This section is inapplicable to city sponsored events and events approved with a temporary use permit pursuant to chapter 22.50.

(g)

Live entertainment approved by conditional use permit and business license prior to January 19, 2010, that does not conform to the provisions of this section and which has been in operation continuously since such approval, may be continued in accordance with the provisions of chapter 22.68 (nonconforming uses, structures, and parcels).

(Ord. No. 01(2010), § 3, 1-19-10; Ord. No. 02(2010), § 3, 2-2-10)

Sec. 22.42.080. - Outdoor display and sales standards.

This section provides development and operational standards for outdoor uses, including temporary outdoor display and sales (subsection (1), below), permanent outdoor display and sales (subsection (2), below) and outdoor dining and seating areas (subsection (3), below).

(1)

Temporary outdoor displays and sales. Temporary outdoor displays and sales may be allowed with the approval of a temporary use permit, in compliance with the following standards. In approving an application for a temporary use permit, the director may impose conditions deemed necessary to ensure that the

permit will be in compliance with the findings required by section 22.50.060 (Action by the director). These conditions may address any pertinent factors affecting the operation of the temporary event or use, and may include the following:

a.

Fixed period of time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed ten consecutive days;

b.

Landscaping. Landscaping may be required to ensure that the event has a pleasing appearance and is adequately screened, subject to the approval of the director;

c.

Nuisance factors. Regulation of nuisance factors including, but not limited to, prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, waste and vibration;

d.

Operating hours. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in subsection (1)a., above;

e.

Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, in compliance with chapter 22.30 (OffStreet Parking and Loading Standards);

f.

Performance bond. Submission of a performance bond or other surety measures, satisfactory to the director, may be required to ensure that any temporary facilities will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, or other evidence of the event, and the site restored to its former condition;

g.

Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;

h.

Security. Provision for security and safety measures, if applicable;

i.

Setbacks. Provision of appropriate setbacks to ensure separation from adjacent land uses and a safe environment for pedestrians and vehicles, subject to the approval of the director;

j.

Signs. Regulation of signs, in compliance with chapter 22.36 (Signs);

k.

Temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

l.

Waste collection and disposal. Provision for solid, hazardous, and toxic waste collection, recycling and/or disposal;

m.

Development code compliance. A requirement that the approval of the requested temporary use permit is contingent upon a finding, by the director, that the operation will be in compliance with the applicable provisions of this section, the Development Code and successful approval of all required permits from another department(s) or governing agency; and

n.

Other conditions. Other conditions that will ensure the operation of the proposed temporary event in an orderly and efficient manner.

(2)

Permanent outdoor displays and sales. The permanent outdoor display/sale of merchandise shall comply with the following standards and shall be subject to the approval of a minor conditional use permit, in compliance with chapter 22.56 (Minor Conditional Use Permits), unless a conditional use permit is specifically required below:

a.

Height of displayed materials. The outdoor display of merchandise shall not exceed a height of seven feet above finish grade. Heights greater than seven feet may be allowed subject to the approval of a conditional use permit, in compliance with chapter 22.58 (Conditional Use Permits);

b.

Location. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of ten feet from adjacent property line(s) unless otherwise allowed through the approval of a conditional use permit, in compliance with chapter 22.58 (Conditional Use Permits);

c.

Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon

driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic;

d.

Relationship to main use. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel;

e.

Screening required. Outdoor sales and activity areas shall be screened from adjacent public rights-of-way by decorative walls, fences and/or landscaping in compliance with section 22.16.080 (Screening and buffering). Screening shall be provided to a height of one foot above the approved height of the merchandise and materials being displayed; and

f.

Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.

(3)

Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a minor conditional use permit, in compliance with chapter 22.58 (minor conditional use permits) and the following standards:

a.

Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the state department of alcoholic beverage control, and the following standards:

1.

Accessible. The dining area shall be accessible from inside the restaurant only, unless the director waves this requirement in circumstances where this is not feasible or practical;

2.

Physically defined. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant serves; and

3.

Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages.

b.

Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements:

1.

Parking calculations. Off-street parking requirements shall be calculated in compliance with chapter 22.30 (off-street parking and loading standards). The director may reduce or waive parking requirements for outdoor dining areas less than 400 square feet in area that are operated on a seasonal basis; and

2.

Additional off-street parking. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas.

c.

Cleanup facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate cleanup facilities, and associated procedures, in the following manner:

1.

Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and

2.

Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees.

d.

Design compatibility. Outdoor dining and seating areas are subject to compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented:

1.

Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s);

2.

Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in chapter 22.28 (noise control);

3.

Pedestrian experience. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience;

Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise;

5.

Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas;

6.

Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed-use projects;

7.

Setbacks. Outdoor dining and seating areas shall be set back a minimum of five feet from property lines or parking lots and shall not encroach on to the public right-of-way.

8.

Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate.

9.

Americans With Disabilities Act. Outdoor dining shall meet ADA requirements.

e.

One year review required. Minor conditional use permits for outdoor dining and seating areas are subject to review after one year, at which time the director shall conduct a study to determine if adverse impacts have resulted from the use. If none are found, then a permanent conditional use permit may be granted.

f.

[Waive permit process.] The director may waive the minor conditional use permit process for outdoor dining in connection with an existing approved restaurant if the outdoor dining does not exceed an occupancy of eight patrons and meets the development standards in this section (section 22.42.080, outdoor display and sales standards).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05)

Sec. 22.42.090. - Outdoor storage or work activities.

This section establishes standards for the location, screening, and operation of outdoor storage areas.

(1)

Outdoor storage areas. Where allowed by article II (zoning districts and allowable land uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall a minimum of six feet in

height in conjunction with landscape screening.

(2)

Review and approval required. Uses proposing outdoor storage or work activities shall be subject to review and approval by the director in compliance with chapter 22.48 (Development Review).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.42.100. - Recycling facilities.

This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

(1)

Permit requirements. Recycling facilities are subject to permit review in the commercial and industrial zoning districts in compliance with the following schedule:

(2)

Development and operating standards. Recycling facilities shall comply with the following specific standards:

a.

Reverse vending machines. Reverse vending machine(s) located within a commercial or manufacturing location shall not require additional parking spaces for recycling customers, and may be allowed in all commercial and manufacturing zoning districts, subject to development review and compliance with the following standards:

1.

Shall be installed as an accessory use in compliance with the applicable provisions of this Development Code and the Municipal Code;

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

3.

If located outside of a structure, shall not occupy parking spaces required by the main use, and shall be constructed of durable waterproof and rustproof material(s);

4.

Shall not exceed 50 square feet for each installation, including any protective enclosure, nor eight feet in height;

5.

Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;

6.

Shall have operating hours which are consistent with the operating hours of the main use; and

7.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with section 22.16.050 (Exterior lighting).

b.

Small collection facilities. Small collection facilities are allowed within the manufacturing zoning district only, subject to development review and compliance with the following standards:

1.

May be installed in a manufacturing zoning district and be in full compliance with the applicable provisions of this Development Code and the Municipal Code;

2.

Shall not exceed an area of 350 square feet nor three parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers;

3.

Shall be set back at least ten feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;

4.

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

Shall not use power-driven processing equipment except for reverse vending machines;

6.

Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

7.

Shall not be located within 50 feet of any parcel zoned or occupied for residential use;

8.

Collection containers and site fencing shall be of a color and design to be both compatible and harmonious with the surrounding uses and neighborhood;

9.

Signs may be provided as follows:

(a)

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

(b)

Signs shall be both compatible and harmonious with the character of their location; and

(c)

Directional signs, consistent with chapter 22.36 (Signs) and without advertising message, may be installed with the approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

10.

The facility shall not impair the landscaping required by chapter 22.24 (Landscaping) for any concurrent use allowed by this Development Code;

11.

Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;

12.

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;

13.

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

14.

Shall be subject to landscaping and/or screening as determined through development review.

c.

Large collection facilities. A large collection facility which is larger than 350 square feet, or on a separate parcel not accessory to a main use, which has a permanent structure is allowed in the manufacturing zoning district, subject to a conditional use permit, in compliance with chapter 22.58 (Conditional Use Permits) and the following standards:

1.

The facility does not abut a parcel zoned or occupied for residential use;

2.

The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls or screen planting;

3.

Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

4.

Exterior storage of material shall be in sturdy containers which are secured and maintained in good condition at all times. Storage, excluding truck trailers, shall not be visible above the height of the required fence, wall or screen planting;

5.

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

6.

Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials; and

Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable from adjoining parcels.

d.

Processing facilities. Light and heavy processing facilities are allowed in the industrial zoning district subject to a conditional use permit and compliance with the following standards:

1.

The facility shall not abut a parcel zoned or occupied for residential use;

2.

Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

3.

A light processing facility shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact or shred ferrous metals other than beverage and food containers. A heavy processor may exceed 45,000 square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;

4.

Exterior storage of material shall be in sturdy containers or enclosures which are maintained and secured in good condition at all times. Storage containers for flammable materials shall be constructed of nonflammable material(s). Outdoor storage shall be screened by a six-foot high opaque fence or solid masonry wall. Storage, excluding truck trailers, shall not be visible above the height of the required fence or wall;

5.

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of the materials; and

6.

Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable from adjoining parcels.

e.

Time limits. Any permit issued in compliance with this section shall have a maximum term established by the approved conditional use permit. Before permit renewal, the director shall consider the permittee's history of compliance with the established conditions of approval, as well as the applicable provisions of this section and the Municipal Code.

(3)

General standards. Recycling facilities shall comply with the following standards:

a.

Signs. Facilities shall be provided with identification and informational signs that meet the standards of the applicable zoning district.

1.

Collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that discarded material shall not be left outside of the recycling enclosure or machine; and

2.

The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation. Additional identification and directional signs without an advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.

b.

Refuse disposal. The facility shall maintain adequate on-site refuse containers for the disposal of nonrecyclable and nonhazardous waste materials.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2012), § 13, 4-17-12)

Sec. 22.42.110. - Residential accessory uses and structures.

This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see section 22.08.030, Residential zone land uses and permit requirements). Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops. The standards applicable to accessory dwelling units and junior accessory dwelling units are set forth in section 22.42.120.

(1)

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

a.

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

b.

Attached structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of, the main structure (e.g., share a common wall with the

main structure). It shall also comply with the requirements of this Development Code applicable to the main structure, including but not limited to setbacks, heights and floor area ratio.

c.

Detached structures:

1.

Coverage. The floor area of a single detached accessory structure shall not exceed 30 percent, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area.

2.

Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property.

3.

Setback requirements. As provided by Table 3-15, Required Setbacks—Accessory Uses and Structures. Accessory structures shall not be closer than three feet to any side lot line, nor within five feet of the side line of the front half of any adjoining parcel.

4.

Building height: A detached accessory structure shall not exceed one story or 15 feet in height; and shall not exceed the height of the main residential structure.

(2)

Antennas. Antennas are subject to the provisions of section 22.42.130 (Radio and television antennas and wireless telecommunications antenna facilities).

(3)

Garages. A detached accessory garage shall not occupy more than 1,000 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by the director through development review, in compliance with chapter 22.48 (Development Review).

(4)

Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each dwelling unit or ten percent of the parcel, whichever is less.

(5)

Home occupations. Home occupations are subject to the requirements of section 22.42.070 (Home-based businesses).

(6)

Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:

a.

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

b.

Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.

(7)

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

a.

Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet.

b.

Lighting. Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with section 22.16.050 (Exterior lighting).

(8)

Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc., is subject to the following standards when located in a residential zoning district:

a.

Limitation on use. An accessory structure may be constructed or used as a studio or workshop in any residential zoning district solely for the following noncommercial activities:

1.

Amusements or hobbies;

2.

Artistic endeavors (e.g., painting, photography or sculpture);

Maintenance of the main structure or yards;

4.

Maintenance or mechanical work on vehicles owned or operated by the occupants; or

5.

Other similar purposes.

Any use of accessory workshops for any commercial activity shall meet the standards for home-based businesses, in compliance with section 22.42.070 (Home-based businesses); and

b.

Floor area. A workshop shall not occupy an area larger than 25 percent of the floor area of the main structure, except where a workshop is combined with a garage. In this case, subsection (3) (garages), above shall apply.

TABLE 3-15

REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES

Notes:

(1)

Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director.

(2)

A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel.

(3)

Rear yard setback for a detached accessory structure on a double-frontage parcel shall be a minimum of 20 percent of the parcel depth to a maximum of 25 feet.

(4)

Shall be in compliance with the standards set forth in the Building Code, such as maximum depth and pool barrier requirements.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 16, 11-6-01; Ord. No. 02(2003), 9-16-03; Ord. No. 04(2012), § 14, 4-17-12; Ord. No. 03(2017), § 5, 5-2-17; Ord. No. 01(2021), § 2, 7-20-21; Ord. No. 03(2024), § 11, 7-16-24)

Sec. 22.42.120. - Accessory dwelling units and junior accessory dwelling units.

The purpose of this section is to provide for the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law, in order to provide for additional

housing opportunities for development of low- and moderate-income housing for the community in keeping with the housing element of the Diamond Bar General Plan.

(1)

Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this section apply to the development of new ADUs and JADUs in the city.

(2)

Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of Chapter 13 of Division 1 of Title 7 of the Government Code and shall be applied in a manner that is consistent with state law.

(3)

Effect of conforming. Consistent with state law, an ADU that conforms to the provisions of this section: (a) shall be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located; (b) shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and (c) shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(4)

Definitions. As used in this section, the following terms shall have the following meanings:

a.

The terms "accessory dwelling unit", "accessory structure", "efficiency unit", "living area", "nonconforming zoning condition", "passageway", "proposed dwelling", "public transit", and "tandem parking" all have the same meaning as that stated in Government Code section 66313 as that section may be amended from time to time. The terms "accessory dwelling unit" and "ADU" shall have the same meaning.

b.

The term "junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 66313 as that section may be amended from time to time. The terms "junior accessory dwelling unit" and "JADU" shall have the same meaning.

c.

The term "attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure.

d.

The term "detached ADU" means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure.

e.

The term "converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure.

(5)

Areas allowed.

a.

ADUs. ADUs conforming to the provisions in this section may be located on any lot in the city that is zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed single-family dwelling, duplex, or multifamily dwelling.

b.

JADU. JADUs conforming to the provisions in this section may be located within a proposed or existing legally developed single-family dwelling on any lot in the city that is zoned to allow single-family residential uses.

(6)

Number allowed.

a.

Single-family lots. No more than one ADU or JADU shall be allowed on a lot developed or proposed to be developed with a single-family dwelling; provided, however, that a single-family lot may have both one JADU and either: (i) one ADU located within the proposed space of a single-family dwelling or within the existing space of a single-family dwelling or accessory structure, or (ii) one detached, new construction, ADU not exceeding 800 square feet in total floor area.

b.

Multifamily lots. Multifamily lots may have up to two detached ADUs and multiple converted ADUs as follows:

i.

No more than a total of two detached ADUs may be constructed on a lot developed or proposed to be developed with one or more multifamily dwelling structures.

ii.

On lots with no detached ADUs, one or more converted ADUs may be constructed within portions of existing multifamily dwelling structures that are not used as livable space. No converted ADUs may be constructed within the existing livable space of a multifamily structure. The number of ADUs permitted under this subsection shall not exceed 25 percent of the existing multifamily dwelling units on the lot. For

the purpose of calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multifamily dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one converted ADU shall be allowed.

(7)

ADU standards and criteria.

a.

Development standards. Except as modified by this subsection or as otherwise provided by state law, an ADU shall conform to the height, setback, landscaping, lot coverage, and other development standards applicable to the lot on which it is located, as set forth in the Development Code and/or in an applicable specific plan or planned development ordinance or resolution. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet.

b.

Location on lot. Attached and detached ADUs shall not be constructed within required setback areas. New detached ADUs shall be located in the rear half of the lot. Notwithstanding the foregoing, a portion of an ADU may be constructed within the required front setback area if, and only to the extent that, application of the requirements of this subsection (7)(b) would not permit an ADU of up to 800 square feet to be constructed on the lot in compliance with all other applicable development standards.

c.

Access. An attached or converted ADU shall maintain independent exterior access from the proposed or existing primary dwelling structure. Such access shall not be located on the front of the primary dwelling structure or face the street on which the primary dwelling fronts.

d.

Passageway. No passageway shall be required in conjunction with the construction of an ADU.

e.

Setbacks.

i.

Side and rear yard setbacks. Minimum setbacks of no less than four feet from the side and rear lot lines are required for new attached and detached ADUs.

ii.

Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform

building and fire codes.

f.

Building separation.

i.

A minimum separation of six feet is required between a detached ADU and the primary dwelling unit.

ii.

A minimum separation of six feet is required between an attached or detached ADU and all other freestanding accessory structures, including freestanding garages, on the property, provided, however, that a detached ADU may be attached to a freestanding garage in compliance with all Building Code requirements.

iii.

Building separation requirements do not apply to converted ADUs that do not include an expansion of floor area of the existing structure.

g.

Minimum ADU size. An ADU shall have a minimum floor area of at least 220 square feet.

h.

Maximum ADU size.

i.

Attached ADUs: The total floor area of an attached ADU shall not exceed the following:

1.

Studio or one bedroom: 850 square feet or 50 percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet.

2.

Two or more bedrooms: 1,000 square feet or 50 percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet.

ii.

Detached ADUs: The total floor area of a detached ADU shall not exceed the following:

Studio or one bedroom: 850 square feet.

2.

Two or more bedrooms: 1,000 square feet.

3.

Notwithstanding the foregoing, where a detached ADU and a JADU are combined on the same lot, the total floor area of the detached ADU shall not exceed 800 square feet.

iii.

Converted ADUs: The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress.

iv.

Patios and porches: An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 60 square feet in size. Such a patio or porch shall not be considered in calculating the floor area of the ADU for purposes of the above maximum unit size limitations.

i.

Height.

i.

Detached ADUs:

1.

Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed 16 feet.

2.

The height of a detached ADU located on a lot with an existing or proposed multifamily, multistory dwelling unit, shall not exceed 18 feet.

3.

The height of a detached ADU located on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not

exceed 18 feet; provided, however, that up to an additional two feet in height is allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

ii.

Attached ADUs: The height of an attached ADU shall not exceed 25 feet or the height limitation that applies to the primary dwelling, whichever is lower. In no event shall an attached ADU exceed two stories.

iii.

Converted ADUs: Converted ADUs are not subject to a height limitation.

iv.

Measurement: The height of an ADU shall be as measured from the finished grade to the highest area of the roofline.

j.

Exterior design. Except to the extent necessary to meet current fire and building codes, an ADU shall match the architectural style and design features of the primary residential structure as provided below:

i.

Exterior finishes: Exterior finish materials shall be the same as or visually match those of the primary residential structure in terms of colors, type, size, and placement;

ii.

Roof pitch: Roof pitch shall be the same as the predominant roof pitch of the primary residential structure;

iii.

Trim: The trim around the doors and windows shall be the same type and finish as the primary residential structure;

iv.

Windows: Windows shall match those of the primary residential structure in terms of type, proportion (height and width ratio) and orientation (vertical vs. horizontal);

v.

Eaves: For an attached ADU, eaves shall project from the ADU the same distance as the eaves on the primary residential structure. For a detached ADU, eaves shall project from the ADU at least one foot on all elevations;

vi.

Fascia boards: Fascia boards shall match the primary structure or in the event the primary structure has 2x4, shall be no wider than 2x6; and

vii.

The front elevation of an ADU that is visible from the street shall have the same architectural details as the primary residential structure.

A converted ADU that is constructed within all or a portion of the permitted existing interior space of a dwelling or accessory structure is not required to meet the foregoing exterior design standards; provided, however, that exterior alterations to the structure such as those necessary to meet building codes must meet the relevant design standards above.

k.

Recreational vehicles. Neither the primary residence nor the proposed ADU shall be a recreational vehicle.

l.

Off-street parking.

i.

One additional off-street parking space must be provided for a new attached or detached ADU. This parking space shall be accessible from the approved driveway approach, and may be provided in setback areas or as tandem parking on a driveway, unless specific findings are made by the director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns. An existing driveway may be widened to accommodate the one off-street parking space pursuant to section 22.30.080.

ii.

Notwithstanding the foregoing, an additional off-street parking space is not required to be provided in the following instances:

1.

If the ADU is located within one-half mile walking distance of public transit.

2.

If the ADU is located within a historic district.

3.

If the ADU is part of the proposed or existing primary residence or an accessory structure;

4.

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

5.

When there is a car share vehicle located within one block of the ADU.

6.

If the ADU is a detached ADU that has a total floor area of 800 square feet or less.

7.

If the ADU is located on a lot developed or proposed to be developed with one or more multifamily dwelling structures.

iii.

The parking space required for a new attached or detached ADU is in addition to the parking spaces required for the primary dwelling. However, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

m.

Utility service. Utilities serving an ADU (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. An ADU shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. For any ADU using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability and approval by the local health officer shall be submitted.

n.

Impact fees. Construction of an ADU is subject to applicable development impact fees adopted by the city pursuant to California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012). No impact fee is required for an ADU that is less than 750 square feet in size. Any impact fee that is required for an ADU that is 750 square feet or more in size shall be charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, "impact fee" does not include any planning application fee, plan check fee, or building permit fee that is otherwise applicable.

(8)

Standards and criteria applicable to JADUs.

a.

Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family dwelling, including an existing attached garage.

b.

Unit size. A JADU shall not exceed 500 square feet in size.

c.

Separate entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it located.

d.

Kitchen requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

e.

Bathroom facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family dwelling in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling's main living area.

f.

Parking. No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off-street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.

g.

Fire protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.

h.

Utility service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

(9)

Other requirements.

a.

No separate conveyance. Except as otherwise provided in Government Code section 66341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be owned, sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner that would authorize such separate sale, conveyance, or ownership.

b.

No short-term rental permitted. An ADU or JADU may be rented, although rental is not required. Any rental term of an ADU or JADU that is legally created after June 1, 2017 shall be 30 days or longer.

c.

Owner occupancy.

i.

ADUs. Owner-occupancy of a lot on which an ADU is located is not required.

ii.

JADUs. An owner of record of the single-family lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence. In the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose.

d.

Recorded covenant. Prior to the issuance of a building permit for an ADU or a JADU, the owner(s) of record of the property shall provide to the director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form prepared by and/or acceptable to the director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns; shall contain restrictions pertaining to ownership and conveyance, rental, owner occupancy, and the size and attributes of the ADU/JADU that conform to this section; and shall provide that it may not be modified or terminated without the prior written consent of the director.

(10)

Permit application and review procedures.

a.

Building permit required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling, and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.

b.

Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

c.

Review. Except as otherwise provided herein, the director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within

60 days from the date the city receives a complete application. Notwithstanding the foregoing sentence, beginning January 1, 2025, the director shall consider and approve or disapprove a complete application for a detached ADU within 30 days from the date the city receives a complete application if the application utilizes either: (i) an ADU plan pre-approved by the city within the current triennial California Building Standards Code rulemaking cycle; or (ii) a plan that is identical to a plan used in an application for a detached ADU approved by the city within the current triennial California Building Standards Code rulemaking cycle. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section and/or state law, as applicable. If the director disapproves an application for an ADU or JADU, the director shall concurrently return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. If an applicant requests a delay in processing the application, the time period for the director to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the director may delay acting on the application for the ADU or the JADU until the city acts on the application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

d.

Zoning conformity. The city shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU as a condition of approval of a permit application for the creation of an ADU or JADU.

e.

Demolition permits. A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed with the application for the ADU and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU, unless the property is located within an architecturally and historically significant historic district.

f.

Conformity with state law. The city shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of state law, including, but not limited to, subdivision (a) of Government Code section 66323.

(Ord. No. 03(2017), § 6, 5-2-17; Ord. No. 01(2021), § 3, 7-20-21; Ord. No. 03(2024), § 12, 7-16-24)

Editor's note— Ord. No. 03(2017), § 6, adopted May 2, 2017, amended 22.42.120 in its entirety to read as herein set out. Former 22.42.120 pertained to second units. See Code Comparative Table for complete derivation.

Sec. 22.42.130. - Radio and television antennas and wireless telecommunications antenna facilities.

(a)

Purpose. The purpose of this section is to establish development standards and land use controls for the installation and maintenance of radio and television antennas, including amateur radio station antennas and wireless telecommunications antenna facilities within specified land use zones of the city. The standards and controls are intended to insure the design and location of those antennas and related facilities are consistent with previously adopted policies of the city, as set forth in the general plan, to guide the orderly development of the community, to promote the public health, safety, comfort, convenience, and general welfare of the city's residents, to protect property values, and to enhance the aesthetic appearance of the city by maintaining architectural and structural integrity and by protecting views from obtrusive and unsightly accessory uses and facilities. As related to health, safety, and structural integrity, all such facilities shall comply with the structural design requirements of the current Uniform Building Code. The purpose of compliance with the Uniform Building Code is to insure that such facilities do not fail in a seismic event or high winds that traditionally occur in the city.

The city council expressly finds and determines that these regulatory requirements relating to a conditional use permit are necessary, desirable, and in the best interests of the community in order to protect public health, welfare and safety, to promote aesthetic objectives, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installation of satellite earth station antennas that are not permitted accessory uses and that do not meet the criteria for exemption from local regulation established by the FCC under the Telecommunications Act of 1996.

(b)

Applicability. The standards of this section apply to all earth station antennas, amateur radio station antennas, and wireless telecommunications antenna facilities, except for small wireless facilities governed by and subject to the provisions of section 22.42.135, which shall be exempt from and not governed by the provisions of this section.

(c)

Satellite earth station antenna regulation. The regulatory provisions of this paragraph are applicable to all satellite earth station antennas within the city that are installed or modified after the effective date of this section.

(1)

Permitted accessory uses. Satellite earth station antennas described below in this subsection may be installed as permitted accessory uses without obtaining either a conditional use permit or a building permit, provided that they comply with all applicable development standards set forth in paragraph (d) (Development standards), as well as all applicable building codes, electrical codes, and fire codes:

a.

An antenna located in any zoning district that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter (39 inches) or less in diameter and that is either building-mounted or if elevated by a mast, shall not extend more than 12 feet above the roof line without a permit from the building and safety division.

b.

An antenna that is designed to receive video programming services and that is located in any zoning district where commercial or industrial uses are generally permitted, which antenna is two meters (6.5 feet) or less in diameter and is either building-mounted or, if elevated by a mast, shall not extend more than 12 feet above the roofline without a permit from the building and safety division.

c.

An antenna located in any zoning district that is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, which antenna is one meter (39 inches) or less in diameter or diagonal measurement and which is either building-mounted or, if elevated by a mast, shall not extend more than 12 feet above the roofline without a permit from the building and safety division.

d.

An antenna located in any zoning district that is designed solely to receive television broadcast signals, which antenna, whether building-mounted or ground-mounted, shall not extend more than 12 feet above the roofline without a permit from the building and safety division.

(d)

Satellite earth station antenna development standards.

(1)

City-wide standards. The following development standards apply in all zoning districts to the siting, construction, and operation of all satellite earth station antennas, including those that require the issuance of a conditional use permit and the issuance of a building permit, as provided for in paragraph (e). The director may modify or waive any standard or requirement that impairs the installation, maintenance, or use of over-the-air reception devices.

a.

The height of a ground-mounted satellite earth station antenna shall not extend more than 12 feet above the roofline without a permit from the building and safety division.

b.

No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, or ingress to, or egress from any building, structure, or parking facility.

c.

Satellite earth station antennas, whether ground-mounted or building-mounted, including any guy-wires, masts, and accessory equipment, should, to the extent feasible, be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with

the designed of adjacent buildings. Satellite earth station antennas shall be located in rear yards or side yards not visible or screened from view from adjacent properties and/or public right-of-way where such placement does not impair an antenna's reception. The director may modify any requirement in this section if the antenna reception is impaired.

d.

Satellite earth station antennas must be finished in a non-metallic finish or painted in a color that is compatible with the surrounding environment.

e.

All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors.

f.

All satellite earth station antennas must be located away from utility lines by a four-meter (13-foot) vertical distance and a two-meter (6.5-foot) horizontal distance. Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.

g.

To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.

h.

If footings are required for the installation of a satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer.

i.

All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind loads of at least 20 pounds per square foot. Due to the fact that the city is located in an area traditionally subject to high winds, all structures including satellite earth station antenna shall be required to withstand an 80-mile-per-hour wind load.

j.

No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized by the city engineer as provided for in this Code.

k.

All satellite earth station antennas must be properly maintained.

(2)

Residential standards. In addition to the development standards set forth above in subsection (1), the following development standards apply in all residential zones to the siting, construction, and operation of satellite earth station antennas:

a.

The height of the roof-mounted satellite earth station antenna shall not extend more than 12 feet above the roofline without a permit from the building and safety division.

b.

The height of a ground-mounted satellite earth station antenna shall not extend more than 12 feet above the roofline without a permit from the building and safety division.

c.

Satellite earth station may not exceed three meters (ten feet) in diameter.

(3)

Nonresidential standards. In addition to the development standards set forth above in subsection (1), the following development standards apply in all nonresidential zones to the siting, construction, and operation of satellite earth station antennas:

a.

All ground-mounted satellite earth station antennas must be located at least 1½ meters (five feet) from any property line.

b.

A satellite earth station antenna that is ground-mounted shall be located within the side or rear yard and at least five feet from any property line. If locating a ground-mounted satellite earth station antenna within the side or rear yard and at least five feet from any property line precludes the reception of acceptable quality signal, unreasonably delays installation, or unreasonably adds cost to the installation, the director may modify this setback requirement.

c.

The height of a ground-mounted satellite earth station antenna shall not extend more than 12 feet above the roofline without a permit from the building and safety division.

d.

The height of a ground-mounted satellite earth station antenna may not extend above the roofline.

(e)

Satellite earth station antenna conditional use permit.

(1)

If a proposed satellite earth station antenna will exceed the applicable height limitations referenced above in subparagraphs a. through d. of paragraph (c)(1) (permitted accessory uses) or if the diameter or diagonal measurement of the proposed satellite earth station antenna exceeds the one- or two-meter limitation specified in subparagraph a. through c. of paragraph (c)(1) (permitted accessory uses), then an application for a conditional use permit must be submitted in accordance with chapter 22.58 and, if the application is approved, a building permit must be obtained.

(2)

In addition to the requirements set forth in chapter 22.58, the application for a conditional use permit must include the following:

a.

Construction drawings that show the proposed method of installation, screening and the manufacturer's specifications.

b.

A plot plan showing the proposed location of the satellite earth station antenna.

c.

Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the building code.

(f)

Amateur radio station antenna regulation.

(1)

Conditional use permit required. The proposed installation of an amateur radio station antenna in any zoning district must be preceded by an application for a conditional use permit in accordance with chapter 22.58 and, if the application is approved, a building permit must be obtained.

(2)

Application requirements. In addition to the requirements set forth in chapter 22.58, the application for a conditional use permit must include the items set forth above in paragraph (e)(3), and copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.

(3)

Review factors. In conducting the conditional use permit review process for a proposed amateur radio station antenna, the reviewing authority must consider the following factors:

a.

The proposed height of the amateur radio station antenna, and the applicant's representations as to the technological necessity of that height to engage in amateur radio service operations of the nature contemplated.

b.

Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.

c.

The nature of existing uses on adjacent and nearby properties.

d.

Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.

e.

Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in or adjacent to residential zones.

(4)

Guidelines. In making any determination during the conditional use permit review process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines:

a.

The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified above in subsection (3), and the reasonable accommodation required under subparagraph b. below.

b.

The conditional use permit review process must be conducted so as to (1) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and (2) impose the minimum practical restrictions, limitations, and conditions in order to achieve the city's legitimate regulatory objectives.

(g)

Wireless telecommunications antenna facility approval process.

(1)

Applicability. The regulatory provisions of this paragraph (g) are applicable to all wireless telecommunications antenna facilities within the city that are installed or modified after the effective date of this section, including all facilities for which previously issued building permits have expired. All facilities for which applications were submitted and deemed to be complete prior to the effective date of this section are exempt from these regulatory provisions.

(2)

Administrative review. A wireless telecommunications antenna facility may be authorized under an administrative review conducted by the director. The application for administrative review must include the information required by subparagraphs a. through i. of paragraph (g)(5) as applicable. The director must consider the factors set forth in paragraph (g)(6) and must determine that the facility complies with the following requirements:

a.

Concealed antennas. Concealed antennas must be architecturally integrated with a building or structure so as not to be recognized as an antenna.

b.

Height and screening. Building or roof-mounted antennas must not exceed 4½ meters (15 feet) in height and must be screened from view.

c.

Minor addition/modification. The director may approve the following: Up to two additional omnidirectional (whip) antennas not to exceed 4½ meters (15 feet) in height; the reconfiguration or alteration of existing antennas on a single support structure; or the addition of a single dish under one meter (39 inches) in diameter to an existing freestanding antenna structure (i.e. monopole). The physical area of the reconfigured or altered antenna shall not exceed 15 percent of the area of the antenna as originally approved.

d.

Base stations. Support equipment and base stations must be located within a completely enclosed building or otherwise screened from view.

e.

Wireless telecommunications antenna facility sites. The facility must be located in any of the following zone districts: OP, OB, CO, C-l, C-2, C-3, I, or as identified on the city telecommunications facilities opportunities map.

f.

Freestanding antenna structures. No freestanding antenna support structures may be authorized under an administrative review.

g.

Development standards. The facility must be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards).

(3)

Minor conditional use permit. A wireless telecommunications antenna facility may be authorized under a minor conditional use permit issued by the hearing officer. The application for a minor conditional use permit must include the information required by subparagraphs a. through j. of paragraph (g)(5), as applicable. The hearing officer must consider the factors set forth in paragraph (g)(6) and must determine that the facility complies with the following requirements:

a.

Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review.

b.

Location. The facility must be located in any of the following zone districts: OP, OB, CO, C-1, C-2, C-3, I, or as identified on the city telecommunications facilities opportunities map.

c.

Micro wireless telecommunications antenna facilities. The wireless telecommunications antenna facilities must be one-half meter (19 inches) or less in length and must be integrated with the architectural design and color of the surrounding buildings or support structures, such as light standards, utility poles, etc.

d.

Freestanding antenna support structure setback. The setback for a freestanding antenna support structure will be no less than 15 meters (50 feet) or the height of the antenna plus 20 percent, whichever is greater, from any existing or future residential structure.

e.

Development standards. The facility must be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards).

(4)

Conditional use permit. All wireless telecommunications antenna facilities other than those meeting the criteria for an administrative review approval or minor conditional use permit specified above must be authorized by a conditional use permit. These facilities may be located in the OP, OB, CO, C-1, C-2, C-3, and I zoning districts, or as identified on the city telecommunications facilities opportunities map. These facilities may be located in residential zoning districts but on properties that do not contain residential

structures (i.e., church properties, schools, water tanks or similar type facilities), provided that the facility is in compliance with the following requirements:

a.

Narrative. The applicant must provide a written narrative describing why the facility does not meet the criteria for an administrative review or minor conditional use permit.

b.

Development standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards that are set forth below in paragraph (h) (Development standards).

c.

Wireless telecommunications antenna facilities. Wireless telecommunications antenna facilities shall only be located in residential zoning districts if on a church property, school, water tank, public property, or similar type facilities. Wireless telecommunications antenna facilities shall not be located on residential properties developed with residential structures or sited for residential development.

d.

Siting of multiple antenna structures within same parcel. The siting of multiple antenna structures within the same parcel (know as "antenna farms") shall be prohibited. Multiple antennas attached to an existing or proposed freestanding antenna support structure (know as "piggy-backing") is allowed.

(5)

Application. In addition to the information required by chapter 22.58, the application for an administrative review, minor conditional use permit, and a conditional use permit must include the following:

a.

Site plan. A site plan, drawn to scale, showing the proposed location of the wireless telecommunications antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, above and below ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any antenna array, and the distance between the antenna facility and any existing or proposed accessory equipment facility.

b.

Narrative. A brief narrative accompanied by written documentation that describes the applicant's efforts to locate the facility in accordance with the factors set forth in paragraph (6)f. of this section.

c.

Landscape plan. A landscaping plan for freestanding antenna support structures showing the location and type of plant materials, landscape elements, and associated irrigation system.

d.

Master plan. A master plan showing existing wireless telecommunications antenna facilities sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for fixture area coverage. The master plan shall be overlaid on the city telecommunications facilities opportunities map. Proposed sites are not restricted to those shown on the telecommunications facilities opportunities.

e.

Photographic simulation. An exhibit ("photo-sim") showing how the completed facility will appear when viewed by the public.

f.

Engineering documentation. Detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limits approved by the FCC.

g.

Environmental assessment. A preliminary environmental assessment, with special emphasis placed upon the nature and extent of visual impacts.

h.

Licenses. Evidence of any required licenses and approvals to provide wireless telecommunications services in the city.

i.

Architectural elevations. Applicants may be required to provide architectural elevations showing the facility, as it will be viewed by the public.

j.

Mock-up. Applicants may be required to erect full-scale "mock-ups" of their proposed facilities.

(6)

Factors considered in approving wireless telecommunications antenna facilities. In determining whether to issue an administrative review approval, minor conditional use permit, or conditional use permit for a wireless telecommunications antenna facility, the reviewing authority must consider the following factors:

a.

Environmental integration. The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into a concealing structure, taking into consideration alternate sites that are available.

b.

Screening. The extent to which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings, or other structures.

c.

Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures.

d.

Residential proximity. Proximity of the proposed facility to residential structures and to boundaries of residential districts.

e.

Access. Proposed ingress to and egress from the site of the proposed facility.

f.

Location. The location of the proposed facility and the extent to which it conforms to the following in order of preference (item 1. being the most preferred):

1.

Co-located with an existing facility or located at a pre-approved location.

2.

Attached to an existing structure, such as a building, communication tower, church steeple, or utility pole or tower.

3.

Located in an industrial/business park zoning district.

4.

Located in a commercial zoning district.

(h)

Development standards.

(1)

Architectural integration. Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing nonresidential building or support structure must, to the extent feasible, be integrated with the architectural design and color of that existing building or support structure.

(2)

Freestanding antenna structures. No new freestanding antenna structure will be permitted unless the reviewing authority makes the additional finding that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be considered by the reviewing authority and may consist of any of the following:

a.

Location. No existing buildings or support structures are located within the geographic area proposed to be served by the applicant's facility.

b.

Structural criteria. Existing buildings or support structures are not of sufficient height or structural strength to meet the applicant's operational or engineering requirements.

c.

Interference. The applicant's proposed facility would create electromagnetic interference with another facility on an existing structure, or an existing antenna array on an existing building or support structure would create interference with the applicant's proposed antenna array.

d.

Limiting factors. There are other limiting factors that render existing buildings and support structures unsuitable for use by the applicant.

e.

Setback. A new freestanding antenna structure that is to be located near a residential use or the boundary of a residential zoning district must be set back from the nearest residential lot line or boundary a distance that is at least equal to the height of that structure plus 20 percent.

f.

Lattice towers. The use of a lattice tower as a support structure for a wireless telecommunications antenna facility is prohibited in all zoning districts.

g.

Skyline. Freestanding antenna support structures shall be located downslope from ridgelines so as not to impact significant public views of skylines.

(3)

Screening. If a new support structure for a facility will be visible from adjacent residential properties or from major arterial streets, the reviewing authority may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.

(4)

Base stations. Protective structures housing accessory equipment must not exceed four meters (13 feet) in height, must comply with all applicable setback requirements, and must be screened from public view or be made compatible with the color and architectural deign of adjacent structures.

(5)

Undergrounding. All utilities and connection cables for a facility must be placed underground or within a protective structure for accessory equipment.

(6)

Security. Where applicable, each facility site shall have a security program that includes features such as fencing, anti-climbing devices, elevated ladders on towers, and monitoring to prevent unauthorized access and vandalism.

(7)

Landscaping. Landscaping, or the use of existing trees or vegetation on a proposed site, may be required for screening purposes, subject to such conditions as may be imposed by the reviewing authority. All landscaping shall be maintained in a healthy condition.

(8)

Fencing. Fencing shall be wrought iron or similar decorative material. Prohibited fencing includes razor wire and barbwire. Chain link fencing shall be screened by landscaping or topography, or both.

(9)

Finish. The exterior of a new wireless telecommunications antenna facility must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be painted or camouflaged to blend with surrounding materials and colors.

(10)

Lighting. Artificial lighting shall be limited to mandatory safety lighting required by regulatory agencies possessing jurisdiction over wireless telecommunications antenna facilities. Security lighting around the base of a tower may be provided if such lighting does not adversely affect adjacent property owners.

(11)

Signage. The wireless telecommunications antenna facility shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage. Required signage shall be no higher than 2½ meters (eight feet). A concealed wireless telecommunications facility may bear signs or advertising devices where such signs or devices are an integral part of the design of the facility.

(12)

Co-location agreement. The applicant and the property owner must consent to the future co-location of facilities on the building or support structure to be used by the applicant, unless technical considerations

preclude that co-location.

(i)

Maintenance and cessation of use. The following requirements apply to wireless telecommunications antenna facilities located on existing buildings or support structures and on new support structures:

(1)

Maintenance. The site must be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours.

(2)

Abandonment and removal. If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee must give written notice of such inoperability or nonuse to the director. The antenna array and, if applicable, the support structure, must be removed within a 90-day period. If such removal does not occur, the city may remove the antenna array and, if applicable, the support structure, at the permittee's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array that has become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it. The permittee shall not be required to remove antenna structures or support structures that are architecturally concealed in a pre-existing structure or are concealed as part of a new freestanding structure.

(3)

Bonding. Prior to the issuance of a building permit for the construction or modification of a wireless telecommunications facility, the applicant may be required to provide to the city a bond or other approved security for the removal of the facility, and any accessory equipment, if that facility is abandoned or if the reviewing authority revokes the use of that facility.

(j)

Modifications to existing facilities.

(1)

Modifications. Modifications to wireless telecommunications antenna facilities that (i) were legally constructed prior to the effective date of this section, or (ii) are constructed after the effective date of this section in accordance with a minor conditional use permit or a conditional use permit, may be authorized by a minor conditional use permit or by an amendment to a minor conditional use permit if those proposed modifications comply with the following requirements:

a.

There will be no increase in the height of the support structure or the antenna array.

b.

Potential adverse visual impacts will be mitigated to the maximum extent possible.

c.

No required parking spaces will be eliminated as a result of the proposed modifications.

(2)

Conditional use permit. All modifications to wireless telecommunications antenna facilities that do not meet the criteria specified above in subsection (1) must be authorized by a conditional use permit or by an amendment to a conditional use permit.

(k)

Nonconforming facilities. Any wireless telecommunications antenna facility that was constructed in accordance with any ordinance or regulation of the city that preceded the effective date of this section, and that becomes nonconforming due to noncompliance with the development standards and other requirements set forth in this section, is subject to the provisions of chapter 22.68 of the Development Code, which is entitled "Nonconforming Uses, Structures and Parcels."

(l)

Enforcement.

(1)

Inspection. All wireless telecommunications antenna facilities that are authorized by an administrative review, minor conditional use permit, or a conditional use permit are subject to periodic inspection by the city to determine whether they are in compliance with all applicable provisions of this section.

(2)

Notice. Upon inspection, if any condition is discovered that may result in a danger to life or property, the city will give written notice to the permittee or to the property owner, or both, at their last known address, describing the dangerous condition and demanding that said condition be corrected within a specified period of time, but not later than ten days after that notice.

(3)

Abatement and permit revocation. Failure to comply with any applicable provision of this section, or with conditions imposed by a minor conditional use permit or conditional use permit may constitute a public nuisance subject to immediate abatement as well as grounds for revocation of that permit.

(m)

Liability and indemnification. The applicant will defend, indemnify, and hold harmless the city, its city council, boards, commissions, agents, officers, and employees, from any claim, action, or proceeding, arising out of or attributable to the ownership or operation of any wireless telecommunications antenna

facility that is authorized under this section, and any injury to persons or damages to property proximately caused by any conduct undertaken by the applicant, its agents, employees, or subcontractors.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 02(2001), §§ 4—15, 11-6-01; Ord. No. 02(2003), 9-16-03; Ord. No. 04(2012), § 15, 4-17-12; Ord. No. 02(2021), § I, 9-21-21)

Sec. 22.42.135. - Small wireless facilities.

(a)

Purpose. The purpose of this section is to:

(1)

Provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, deployment, design, operation, and maintenance of small wireless facilities in the city.

(2)

Establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of small wireless facilities in the city.

(3)

Impose clear and reasonable requirements so that applications for small wireless facilities will be processed in a consistent and timely manner. This section imposes requirements that are necessary to protect public health, safety, welfare, aesthetics, and provide for the orderly, managed, and efficient deployment of small wireless facilities in accordance with state and federal laws, rules, and regulations.

(4)

Provide for the orderly, managed, and efficient deployment of small wireless facilities in accordance with state and federal laws, rules, and regulations, and permit and manage reasonable access to public rightsof-way of the city for telecommunications purposes on a competitively neutral basis.

(5)

Enable the city to discharge its public trust responsibilities consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development through the encouragement of advanced and competitive telecommunications services on the widest possible equivalent basis to the businesses, institutions, and residents of the city while continuing to fairly and responsibly protect the public health, safety, and welfare.

(6)

Promote and protect public health, safety, welfare, and the aesthetic quality of the city consistent with the goals, objectives, and policies of the general plan.

(7)

Conserve the limited physical capacity of public rights-of-way held in public trust by the city.

(8)

Assure that the city's current and ongoing costs of granting and regulating private access to and use of public rights-of-way are fully paid by the persons seeking such access and causing such costs while securing fair and reasonable compensation for the city and the residents of the city for permitting private use of public rights-of-way, within the limits established by the FCC.

(b)

Interpretation. This section is not intended nor shall it be interpreted to:

(1)

Prohibit or effectively prohibit any small wireless service provider's ability to deploy small wireless facilities.

(2)

Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations for rights-of-way management.

(3)

Unreasonably discriminate among providers of functionally equivalent services.

(4)

Deny any request for authorization to place, construct, or modify small wireless facilities on the basis of environmental effects of radio-frequency emissions to the extent that the small wireless facilities comply with the FCC's regulations concerning such emissions.

(5)

Prohibit any co-location or modification that the city may not deny under federal or state law.

(c)

Definitions. For the purpose of this section, the following words and terms shall have the meaning set forth herein unless the context clearly indicates or requires a different meaning.

Accessory equipment means any equipment, other than antenna equipment, associated with the installation of a small wireless facility.

Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded, which defines that term as an apparatus designed for the purpose of emitting radiofrequency radiation, to be operated or operating from a fixed location, for the provision of personal wireless service and any commingled information services.

Antenna equipment means the same as defined by the FCC in 47 C.F.R. § 1.6002(c), as may be amended or superseded, which defines the term as equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

Antenna facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(d), as may be amended or superseded, which defines the term as an antenna and associated antenna equipment.

Applicant means a person or entity that submits an application for a small wireless facility permit under the provisions of this section and the agents, employees, and contractors of such person or entity.

Co-location means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded, which defines that term as mounting or installing an antenna facility on a pre-existing structure, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

Decorative pole means any pole that includes decorative or ornamental features, design elements and/or finials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.

Deployment means the same as defined by the FCC in 47 C.F.R. § 1.6002(h), as may be amended or superseded, which defines the term as placement, construction, or modification of a personal wireless service facility.

Director means the community development director for the City of Diamond Bar, or his or her designee.

FCC

means the Federal Communications Commission or its duly appointed successor agency.

Modification means any change to a small wireless facility that involves any of the following: co-location, expansion, alteration, enlargement, intensification, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the small wireless facility involving any of the following: co-location, expansion, enlargement, intensification, or augmentation.

New pole means any pole erected or installed after the effective date of this section. The term "new pole" does not include a "replacement pole" as defined in this section.

Pole means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code.

Public right-of-way or right-of-way means any public street, public way, public alley, that is dedicated for street purposes.

Public works director means the public works director of the city, or his or her designee.

Replacement pole means and shall only include a pole or structure that replaces a pole in the exact same location in order to accommodate small wireless facilities.

Small wireless facility or facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as a facility that meets each of the following conditions:

(1)

The facility is: (i) mounted on structures 50 feet or less in height including their antennas; or (ii) mounted on structures no more than ten percent taller than other adjacent structures; or (iii) does not extend existing structures on which it is located to a height of more than 50 feet or by more than ten percent, whichever is greater;

(2)

Each antenna associated with any deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4)

The facility does not require antenna structure registration under 47 C.F.R. Part 17;

(5)

The facility is not located on Tribal lands, as defined under 36 C.F.R. 800.16(x); and

(6)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b).

Structure means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded, which defines the term as a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

(d)

Applicability. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, this section shall govern all applications for small wireless facility permits in the city.

(e)

Required approvals.

(1)

A small wireless facility permit shall be required to locate or modify any small wireless facility on a pole, new pole, replacement pole, or structure located within the city, including without limitation on any public rights-of-way, public property, or private property. No small wireless facility shall be located or modified within the city without the issuance of an administrative small wireless facility permit, as required by this section. The director, in consultation with the public works director, shall have the authority to approve, approve with conditions, or deny any application for the deployment or modification of a small wireless facility.

(2)

Each applicant for a small wireless facility permit pursuant to this section proposed for location in or on any public right-of-way within the city shall also submit an application for an encroachment permit pursuant to the provisions of chapter 12.04 (streets and sidewalks) of this Code. The application for an encroachment permit shall be processed, reviewed, and approved concurrently with the application for a small wireless facility permit pursuant to the provisions of this section.

(3)

An administrative approval granted under this section shall not confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the city for delivery of telecommunication services of any kind or for any other purposes.

(4)

All required approvals under this section shall be processed in conformance with the time periods established by applicable state and federal law, and FCC regulations and orders.

(5)

Upon a showing by the applicant that any requirement in this section would prohibit or have the effect of prohibiting the provision of personal wireless service through the wireless service provider's deployment of small wireless facilities, the director shall have the authority to modify or waive such requirement.

(f)

Application content. Each applicant for a small wireless facility permit shall file a written, signed, and verified application on such form as the director may prescribe, and shall provide the information, documents, and fees specified in this subsection:

(1)

Full name and contact information of the small wireless facility owner, small wireless facility operator, agent (if any), and property owner, and related letter(s) of authorization from the small wireless facility and/or property owner.

(2)

A full written description of the proposed small wireless facility, including its purpose, specifications, and placement of backup generator (if applicable).

(3)

A detailed site plan or photo simulation of the small wireless facility containing the exact proposed location of the small wireless facility, and any existing wireless facilities within a 500-foot radius of the proposed location.

(4)

Photographs of all proposed small wireless facility equipment and an accurate visual impact analysis with photo simulations, including reasonable line-of-sight locations from public streets, nearby vicinity, or other adjacent viewpoints as may be required by the director, in consultation with the public works director, and a map that shows the photo location of each view angle.

(5)

Building elevations and roof plan (for building- and/or rooftop-mounted small wireless facilities) indicating exact location and dimensions of equipment proposed. For all other small wireless facilities not mounted to a building or rooftop, indicate surrounding grades, structures, and landscaping from all sides.

(6)

Proposed landscaping and/or nonvegetative screening plan for all aspects of the small wireless facility.

(7)

Written documentation demonstrating that the proposed location complies with all applicable aesthetic and development standards set forth in this section and that the proposed small wireless facility will be screened to the greatest extent feasible in accordance with the design and development standards listed within this section.

(8)

If the application is for a small wireless facility that will be located within the public right-of-way, the applicant shall state the basis for its claimed right to enter the right-of-way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.

(9)

Evidence from the equipment manufacturer that the ambient noise emitted from all proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits as found in division 3 (noise control) of chapter 8.12 (environmental protection) of this Code.

(10)

Evidence that demonstrates that the small wireless facility's antennas do not exceed three cubic feet in volume per antenna, and all other equipment (antenna equipment and accessory equipment) does not collectively exceed 28 cubic feet in volume.

(11)

An application and processing fee in an amount consistent with FCC regulations as established by a resolution by the city council for the estimated cost of the city, including staff time, and all other costs of whatever type or variety, incurred for the processing, review, commenting upon, evaluation, and consideration of the small wireless facility application.

(12)

A radio-frequency (RF) exposure compliance report prepared and certified by an electrical engineer licensed by the State of California that certifies that the proposed small wireless facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits.

(g)

Design and development standards for small wireless facilities.

(1)

Small wireless facilities shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the public right-of-way, or create safety hazards to pedestrians and motorists.

(2)

Small wireless facilities shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, water valves, underground vaults, valve housing structures, utility lines or facilities, or any other vital public health and safety facility.

(3)

The applicant shall use screening and camouflage design techniques in the design and placement of small wireless facilities to ensure such facilities are as visually inconspicuous as possible.

(4)

Small wireless facilities shall be sited at least 500 feet away from other small wireless facilities to avoid an over-concentration of such facilities, to preserve community aesthetics, and to avoid the creation of potential hazards or inconvenience to the travelling public. Collocated small wireless facilities on the same pole/structure are not required to meet this minimum spacing standard with respect to one another.

(5)

To preserve community aesthetics, all small wireless facilities, excluding antennas and aboveground vents, shall be pole-mounted or placed underground, flush to the finished grade, whenever there are no physical or site constraints to make undergrounding infeasible, except as may be determined by the director, in consultation with the public works director. Infeasibility shall not be demonstrated by the mere cost to place the equipment underground.

(6)

If an applicant proposes to replace a pole to accommodate the small wireless facility, the replacement pole shall match the appearance of the original pole, including height, width and silhouette to the extent feasible, unless the director, in consultation with the public works director, finds that another design accomplishes the objectives of this subsection.

(7)

Small wireless facilities may incorporate reasonable and appropriate security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, and vandalism. Security measures must be designed to enhance concealment to the maximum extent feasible. Security measures shall not include barbed wire, razor ribbon, electrified fences or any similar security measures.

(8)

Small wireless facilities shall not be installed on decorative poles, except as may be determined by the director, in consultation with the public works director.

(h)

Installation and operation requirements for small wireless facilities.

(1)

Small wireless facilities shall be operated in a manner so as to avoid any significant adverse impacts caused by noise.

a.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m.

b.

At no time shall equipment noise from any small wireless facility exceed the applicable noise levels as established in division 3 (noise control) of chapter 8.12 (environmental protection) of this Code.

(2)

Small wireless facilities shall not bear any signs or advertising devices other than certification, warning, or other signage required by law or permitted by the city.

(3)

Small wireless facility equipment shall not be illuminated unless specifically required by the Federal Aviation Administration, the FCC, or other governmental agency.

(4)

Only pole-mounted small wireless facilities shall be permitted in the public right-of-way. All poles shall be designed to be the minimum functional height and width required to support the proposed small wireless

facility installation and meet FCC requirements.

(5)

Pole-mounted equipment shall be designed to occupy the least amount of space in the public right-of-way that is technically feasible.

(6)

If a small wireless facility is sited on the exterior of a pole, equipment shall not be installed in such a manner that would preclude possible future co-location by the same or other operators.

(7)

Each antenna associated with any deployment shall be no more than three cubic feet in volume. All other equipment associated with the small wireless facility, including associated antenna equipment and accessory equipment, shall be no more than 28 cubic feet in volume.

(8)

Small wireless facilities must be mounted on structures 50 feet or less in height including their antenna, or mounted on structures no more than ten percent taller than other adjacent structures, or which do not extend existing structures on which the small wireless facility is located to a height of more than 50 feet or by more than ten percent, whichever is greater.

(9)

Small wireless facilities shall be maintained in good working order and condition and shall be fully operable at all times. Each small wireless facility shall be clean and free of general dirt and grease; chipped, faded, peeling, and cracked paint; rust and corrosion; cracks, dents, and discoloration; missing, discolored, or damaged artificial foliage or other camouflage; graffiti, bills, stickers, advertisements, litter and debris; and damaged structural parts.

(i)

Conditions of approval for small wireless facilities. In addition to compliance with the requirements of section 22.42.135, approval of small wireless facilities shall be subject to each of the following conditions of approval:

(1)

In the event the deployment of a small wireless facility, as approved pursuant to this section, requires a building permit under the provisions of this Code, all conditions and restrictions imposed on the small wireless facility permit and encroachment permit approved pursuant to the provisions of this section shall be incorporated in, and made a condition of such building permit. All conditions shall be binding as to the Applicant and all successors in interest to permittee. The permittee shall construct, install, and operate the small wireless facility in strict compliance with all approved permits.

(2)

The permittee shall submit and maintain current at all times basic contact and site information on a form as may be provided by the director, in consultation with the public works director. The permittee shall notify the director of any changes to the information submitted within seven days of any change, including change of the name or corporate legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.

Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the small wireless facility.

b.

The corporate legal status of the owner of the small wireless facility, including official identification numbers and FCC certification.

c.

Name, address, and telephone number of the property owner if different than the permittee.

(3)

The permittee shall not place any small wireless facility in a manner that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city and utility providers reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting, and public signage.

(4)

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

(5)

At all times, the permittee shall ensure that the small wireless facility complies with the most current regulatory and operational standards, including, but not limited to, radio-frequency emissions standards, adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration.

(6)

The permittee shall assume full liability for damage or injury caused to any property or person by the small wireless facility.

(7)

The permittee shall agree to the following indemnity provision, as approved by the city attorney, which shall substantially read as follows: The permittee shall agree to save, indemnify, and keep harmless the city and

all its officers, agents, employees, departments and agencies against all liabilities, judgments, costs and expenses which may in any manner or form accrue against the city or against any of its officers, agents, employees, departments or agencies in consequence of the issuance or granting of a small wireless facility permit or in consequence of the use or occupancy of any sidewalk, street or other public place, or in any other wise by virtue thereof, and will in all things strictly comply with the conditions of the small wireless facility permit and with this Code, all ordinances, rules and regulations of the city relating to the small wireless facility permit.

(8)

All conditions of approval shall be binding as to the applicant and all successors in interest to the permittee.

(j)

Additional conditions of approval for small wireless facilities in the public right-of-way. In addition to the required approvals of section 22.42.135, approval of small wireless facilities in the public right-of-way shall be subject to the following conditions of approval:

(1)

The small wireless facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the director, in consultation with the public works director, for the purpose of:

a.

Protecting the public health, safety, and welfare;

b.

Preventing interference with pedestrian and vehicular traffic; and

c.

Preventing damage to the public right-of-way or any property adjacent to it.

(2)

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior written consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the city shall be moved to accommodate a small wireless facility unless the director, in consultation with the public works director, determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement, or property. Prior to commencement of any work pursuant to an encroachment permit issued for any small wireless facility within the public right-of-way, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of- way to be affected by the permittee's small wireless facility.

(3)

The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, curbs, gutters, trees, parkways, slopes, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility lines and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a small wireless facility in the public right-of-way. The permittee shall restore such areas, structures, and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within 15 calendar days stated on a written notice by the public works director, or such shorter timeframe as the public works director may provide in the event of health and safety issues, the public works director shall cause such repair to be completed at permittee's sole cost and expense.

(4)

The permittee shall modify, remove, or relocate its small wireless facility, or portion thereof, without cost or expense to the city, if and when made necessary by:

a.

Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground public infrastructure including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the city or any other public agency;

b.

Any abandonment of any street, sidewalk, or other public facility; or

c.

Any change of grade, alignment or width of any street, sidewalk, or other public facility.

(5)

Any modification, removal, or relocation of the small wireless facility shall be completed within 180 days of written notification by the director, in consultation with the public works director, unless exigencies dictate a different period for removal or relocation. Modification or relocation of the small wireless facility shall require submittal, review, and approval of a permit amendment pursuant to this Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in this Code allow. In the event the small wireless facility is not modified, removed, or relocated within said period of time, the city may cause the same to be done at the sole cost and expense of permittee. In the event of exigent circumstances, as determined by the director, in consultation with the public works director, the city may modify, remove, or relocate small wireless facilities without prior notice to the permittee provided that the permittee is notified in writing within a reasonable period thereafter.

(k)

Abandonment or discontinuation of use.

(1)

Small wireless facilities that have not provided wireless communication services for a cumulative period of 90 days in a one year period shall be considered abandoned and shall be removed promptly from the premises no later than three months after written notification is sent by the director to the operator of the small wireless facility and property owner. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the city. The permittee shall send to the city a copy of the discontinuation notice required by the California Public Utilities Commission or FCC at the time the notice is sent to the regulatory agencies.

(2)

Small wireless facilities that are abandoned but not removed within the required three-month period from the date of notice shall be in violation of this section, and the operators of the small wireless facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this Code. The city may remove all abandoned small wireless facilities following the threemonth removal period at the operators' expense. Facilities removed by the city shall be stored for no less than 15 days and thereafter disposed of as permitted by law.

(l)

Appeals. A decision of the director pursuant to this section may be appealed by the applicant or permittee to the city manager pursuant to chapter 22.74 (appeals) of this Code, and such appeal shall be reviewed and decided in conformance with the time periods and procedures established by applicable state and federal law, and FCC regulations and orders.

(Ord. No. 02(2021), § II, 9-21-21)

Sec. 22.42.140. - Group homes.

(a)

Group homes

1.

Purpose. The intent and purpose of regulating group homes is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.

2.

Additional application filing requirements. The application for a group home for which a CUP under section 22.08.030 is required shall include the following additional information:

a.

Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);

b.

Maximum number of occupants and hours of facility operation;

c.

Term of occupant stay;

d.

Support services to be provided on-site and projected staffing levels; and

e.

Rules of conduct and/or management plan.

3.

Operation and development standards for group residential.

a.

Sufficient on-site parking shall be provided as required in this title. The precise number of parking spaces required will be determined based on the operating characteristics of a specific proposal.

b.

Both indoor and outdoor common areas shall be provided on site.

c.

The facility shall provide no more than 15 beds and shall serve no more than 15 persons at any one time.

d.

The facility may provide one or more of the following common facilities for the exclusive use by residents:

i.

Central cooking and dining area(s).

ii.

Recreation room.

iii.

Laundry facilities.

e.

A group residential facility shall not be located within 1,320 feet of any other group home.

Location standards for parolee and probationer homes.

a.

To avoid over-concentration of parolee-probationer homes, there shall be a 10,000-foot separation requirement between parolee/probationer homes as measured from the nearest outside building walls between the subject use and any other parolee/probationer housing. There shall be no more than two conditional use permits issued for parolee-probationer homes issued at one time.

b.

A parolee-probationer home shall not be located within 1,320 feet of any other group home, a public or private school (pre-school through twelfth grade), university, college, child day care center, family day care home, public park, library, bar, cocktail lounge, tavern or business licensed for off-site sales of alcoholic beverages as measured from any point on the outside walls of the parolee/probationer housing to the nearest property line of the noted use.

5.

Operation and development standards for parolee and probationer homes.

a.

Sufficient on-site parking shall be provided in accordance with this title. The precise number of parking spaces required will be determined based on the operating characteristics of the specific proposal.

b.

Both indoor and outdoor common areas shall be provided on site.

c.

On-site staff supervision shall be required during all hours of facility operation.

d.

Individual client stays shall not exceed 180 days.

e.

The facility's management shall participate in any formal residential crime prevention program (e.g., crime free multi-housing program) provided by the city and as required under the CUP. If the program offers certification then that certification shall be obtained and maintained in current status.

f.

All property owners within 1,000 feet of the proposed facility, as measured from the subject property lines, shall be notified of the proposed CUP.

g.

An existing parolee-probationer home established pursuant to any permit discontinued for any period of time is deemed abandoned. Any subsequent establishment of parolee-probationer home shall be required to first obtain a new conditional use permit.

6.

Existing facilities. All group homes in existence prior to April 1, 2010 shall be in full compliance with the requirements of this ordinance within one year after the date of adoption of this ordinance. It is the burden of the group home owner, operator or occupants to demonstrate existence prior to April 1, 2010.

An owner of such an existing group home may request that the city council grant a time extension of up to six months beyond the required compliance deadline. Requests shall be in writing, including written documentation of the reason for the deadline, and shall be filed with the director of community

development prior to the deadline date for compliance. The city council may grant an extension to the amortization period if the following findings are made:

1.

The amortization period as applied to the applicant is legally unreasonable due to special facts or circumstances;

2.

The extension of time granted is the minimum amount of time necessary to assure that the amortization period is reasonable; and

3.

The extension of the amortization period will not have a significant adverse effect on the public health, safety or welfare.

In determining whether the period of amortization is reasonable as applied to an individual applicant, the city shall consider all relevant factors including, but not limited to, such factors as the length of the amortization period, the extent of the nonconformity, the amount of the investment in the use, length and remaining term of any lease under which nonconforming use is maintained, and harm to the public if the use remains in existence beyond the amortization period. The filing of such a request shall stay further action under this ordinance until a final decision by the council is made.

The director is directed to provide written notice to all establishments in existence on the adoption date of this ordinance, notifying each of the adoption of this ordinance, the requirements herein, and the schedule for compliance.

(Ord. No. 03(2010), §§ 4, 5, 5-18-10; Ord. No. 03(2021), § 4, 12-7-21)

Sec. 22.42.150. - Emergency shelters.

In addition to other applicable standards set forth in this Code, emergency shelters shall also be subject to the following development standards:

(1)

Each resident shall be provided a minimum of 50 gross square feet of personal living space per person, not including space for common areas. In no case shall occupancy exceed 30 residents at any one time. Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2).

(2)

Off-street parking shall be provided as set forth in chapter 22.30, except that the number of off-street parking spaces provided shall be one parking space per four adult beds, plus one space for each employee on the largest shift. Notwithstanding this requirement, the required number of off-street parking spaces shall not exceed the spaces required for similar uses of the same size in the I zone.

(3)

Outdoor activities such as recreation, drop-off and pick-up of residents, or similar activities may be conducted at the facility. Staging for drop-off, intake, and pickup shall take place inside a building, at a rear or side entrance, or inner courtyard. Emergency shelter plans must show the size and location of any proposed waiting or resident intake areas, interior or exterior.

(4)

Prior to commencing operation, the emergency shelter provider shall prepare and file with the city, for review and approval of the director of community development, a written management and operations plan. The management and operations plan shall include, without limitation, hours of operation, staffing levels, provisions for staff training, resident identification process, maximum length of stay, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, temporary storage of residents' personal belongings, safety and security, loitering control, management of outdoor areas, screening of residents to ensure compatibility with services provided at the facility, and training, counseling and social service programs for residents, as applicable.

(5)

No more than one emergency shelter is permitted within a radius of 300 feet from another emergency shelter.

(6)

Individual occupancy in an emergency shelter is limited to six months total in any 12-month period.

(7)

Exterior lighting shall be provided at all building entrances and outdoor activity areas, and shall be activated between sunset and sunrise of each day. All exterior lighting shall comply with section 22.16.050.

(8)

Each emergency shelter shall have an on-site management office, with at least one employee on duty at all times the emergency shelter is in operation or is occupied by at least one resident.

(9)

Each emergency shelter shall have on-site security employees, with at least one security employee on duty at all times the emergency shelter is in operation or is occupied by at least one resident.

(10)

Facilities must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall or fence, which is accessible to collection vehicles on one side. It must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.

(11)

The emergency shelter facility may provide one or more of the following specific facilities and services, including but not limited to:

a.

Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;

b.

Dining area;

c.

Laundry;

d.

Recreation room;

e.

Support services (e.g., training, counseling); and

f.

Child care facilities.

(12)

Applications for emergency shelters shall be submitted to the community development director, and if the application meets all applicable standards, including design, development, and any other state or local requirement, the application shall be approved ministerially by the director. The director may not disapprove

an application for an emergency shelter unless he or she makes written findings, based upon substantial evidence in the record, as to one of the following:

(1)

The city has met or exceeded the need for emergency shelters as identified in the Housing Element, and that the disapproval is not based on any of the reasons prohibited by California Government Code Section 65008.

(2)

The emergency shelter 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 without rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(3)

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.

(4)

The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

(5)

The emergency shelter is inconsistent with both the development code and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Government Code Section 65588 that is in substantial compliance with state law.

(Ord. No. 04(2013), § 4, 6-18-13)

Sec. 22.42.160. - Single-room occupancy housing (SRO).

Single-room occupancy housing shall conform to the following standards:

i.

The minimum size of a unit shall be 150 square feet and the maximum shall be 375 square feet, which may include bathroom and kitchen facilities, and shall be limited to maximum two persons per unit.

ii.

Each unit shall be provided a kitchen sink with a garbage disposal, serviced with hot and cold water, and a counter top measuring a minimum of 18 inches wide by 24 inches deep. If each individual unit is not provided with a minimum of a refrigerator and a microwave oven, a complete kitchen facility consisting of a range, sink with garbage disposal, and refrigerator shall be provided on each floor of the structure for residents.

iii.

For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of 20 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

iv.

Twenty-four-hour on-site management shall be provided at an SRO. The applicant shall provide a copy of the proposed rules and residency requirements governing the SRO. The management shall be solely responsible for the enforcement of all rules that are reviewed and approved by the city as part of the conditional use permit.

v.

A management plan to address operations, safety and security and building maintenance shall be submitted to the director of community development for review and approval prior to issuance of certificate of occupancy.

vi.

Off-street parking shall be provided as set forth in chapter 22.30, except that the number of off-street parking spaces provided shall be one parking spaces per unit, plus two parking spaces for on-site management.

vii.

The building shall contain a minimum of 250 square feet of common space such as recreation areas, lounges, and living spaces. An additional ten square feet of common space is required per rooming unit over 11 units. Shared bathroom facilities, laundries, hallways, the main lobby, vending areas and shared kitchens shall not be counted as common space.

viii.

If laundry facilities are not provided in each unit, common laundry facilities shall be provided on-site.

ix.

Garbage disposal and receptacles are to be provided by the property owner as set forth under chapter 8.16 of title 8. Garbage receptacles shall be located on the property in a manner that does not hinder access to

any required off-street parking or loading spaces.

x.

No more than one single room occupancy development is permitted within a radius of one-quarter mile (1,320 feet) from another single room occupancy development.

(Ord. No. 04(2013), § 5, 6-18-13)

Sec. 22.42.170. - Transitional and supportive housing.

(a)

Transitional housing and supportive housing. Consistent with subdivision (c)(3) of California Government Code Section 65583, transitional and supportive housing are considered residential uses of property and shall be subject only to those permit requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration in the same zoning district, as determined by the department based on the predominant characteristics of the proposed development. The applicant for a transitional or supportive housing development shall provide all information reasonably requested by the department necessary to establish that the proposed use meets the definition of transitional housing or supportive housing pursuant to California Government Code Section 65582.

(b)

Permanent supportive housing for persons experiencing homelessness. Notwithstanding any other provision of this Development Code, in accordance with California Government Code Section 65650 et seq., a supportive housing development shall be a use by right in any zoning district where multifamily and mixed uses are permitted and shall be reviewed and approved by the director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65653 if it conforms to each of the following requirements:

(1)

The development shall consist of 50 units or fewer.

(2)

The development shall conform to all objective development standards and policies that apply to multifamily dwellings or multifamily residential components of mixed-use projects in the zoning district in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents.

(3)

The development shall satisfy all requirements set forth in California Government Code Section 65651, including, without limitation, the following:

a.

Units with the development shall be subject to a recorded affordability restriction for 55 years.

b.

One hundred percent of the units, excluding managers' units, within the development shall be restricted to lower income households and receiving public funding to ensure affordability of the housing to lower income Californians.

c.

At least 25 percent of the units in the development or 12 units, whichever is greater, shall be restricted to residents who meet criteria of the target population as defined in California Health and Safety Code Section 50675.14. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager's units, in the development shall be restricted to such residents.

d.

Nonresidential floor area shall be used for on-site supportive services in the following amounts:

1.

For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.

2.

For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

e.

The project shall replace any existing or previously demolished protected units on the site in the manner provided in subdivision (c)(3) of Government Code Section 65915.

f.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator.

(4)

The applicant shall submit for review and approval by the director a plan for providing on-site supportive services, along with supporting documentation, in accordance with California Government Code Section 65652. Such on-site supportive services may include, but are not limited to, transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services, parenting services, and budgeting and life skill services.

(5)

The property owner shall enter into a regulatory agreement with the city, in a form approved by the city manager, to ensure compliance with the provisions of Government Code Section 65651 and this section. The regulatory agreement shall be recorded as a covenant against the property prior to issuance of a building permit for any structure in the development. The regulatory agreement shall remain a senior, nonsubordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the covenant or regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. The city manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the city.

(c)

Low-barrier navigation centers. Notwithstanding any other provision of this Development Code, a lowbarrier navigation center shall be permitted as a use by right in any areas zoned for mixed use and in nonresidential zoning districts permitting multifamily uses and shall be reviewed and approved by the director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65664 if it satisfies the requirements set forth in California Government Code Section 65662. The applicant for low-barrier navigation center shall provide all information reasonably requested by the department necessary to establish that it meets all applicable requirements.

(Ord. No. 03(2024), § 13, 7-16-24)

ARTICLE IV. - LAND USE AND DEVELOPMENT PERMITS PROCEDURES CHAPTER 22.44. - APPLICATIONS, PROCESSING, AND FEES

Sec. 22.44.010. - Purpose.

This article provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Development Code. The provisions of this article and article V (Development Code Administration) are directory only.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.44.020. - Authority for land use and zoning decisions.

Table 4-1, Review Authority, identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit and other entitlements required by this Development Code.

TABLE 4-1

REVIEW AUTHORITY

Note: The director may defer action on permit applications and refer the item(s) to the commission for the final decision.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 07(2003), 12-2-03; Ord. No. 02(2021), § V, 9-21-21; Ord. No. 03(2024), § 14, 7-16-24)

Sec. 22.44.030. - Application filing.

(a)

Application contents. Applications for land use permits and other matters pertaining to this Development Code shall be filed with the department on a city application form together with all necessary fees and/or deposits, exhibits, maps, materials, plans, reports, and other information required by the department.

Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing.

(b)

Eligibility for filing. Applications may be filed by owners of property, lessees of property, authorized by written consent of the owners or persons who have contracted to purchase or lease the property contingent upon acquisition of necessary permits from the city, which application shall be accompanied by a copy of the contract. All three categories of applicants may be represented by an agent authorized in writing to file on behalf of the applicant.

(c)

Preapplication conference. A prospective applicant or agent is strongly encouraged to request a preapplication conference with the department before formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in this Development Code, explore possible alternatives or modifications, and identify necessary technical studies and required information relating to future environmental review. Neither the preapplication review nor the provision of information and/or

pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the department representative(s).

(d)

Filing date. The filing date of an application for a temporary use permit, administrative development review, development review, minor conditional use permit, conditional use permit, minor variance, or variance shall be the date on which the application is deemed complete by the director.

(Ord. No. 02(1998), § 2, 11-3-98)