Chapter 6.04 — ZONING REGULATIONS — Fillmore Zoning Code

6.04.02 - Introduction. ¶

6.04.0201 - Title.

This chapter shall be known as the "City of Fillmore Zoning Ordinance," hereafter referred to as the "ordinance."

6.04.0205 - Purpose. ¶

To promote the public health, safety, general welfare and to preserve and enhance the aesthetic quality of the city by providing regulations to ensure an appropriate mix of land uses and orderly land development. In addition, the city desires to achieve a pattern and distribution of land uses which generally:

1.

Retain and enhance established residential neighborhoods, commercial and industrial park districts, mixeduses, regional-serving uses, recreation areas and amenities;

2.

Maintain a balanced distribution of land uses and provide for land use compatibility, and safe, efficient pedestrian and vehicular circulation throughout the city;

3.

Allow for the infill and recycling of areas at their prevailing/designated scale of intensity/heights, density and character;

4.

Allow for the appropriate intensification of commercial uses in the city's downtown business district (CBD);

5.

Preserve and enhance significant environmental resources;

Provide open space resources for passive and active recreational activities, and protect the public from natural safety hazards;

7.

Provide a diversity of areas characterized by differing land use activity, scale and intensity, while maintaining community identity and quality development; and

8.

Maintain Fillmore as a unique/distinctive and secure environment for the City's residents and businesses.

6.04.0210 - Authority and general plan consistency. ¶

This ordinance is the primary tool for implementing the policies of the Fillmore General Plan, in compliance with the mandated provisions of state law and other applicable local, regional, state and federal requirements as they may be amended/replaced from time to time.

All development within the unincorporated area of the city's sphere of influence should be consistent with the general plan. All development within the incorporated area of the city shall be consistent with the general plan.

6.04.0215 - Review authority. ¶

The development review process involves the participation of the following:

1.

Planning Commission.

A.

Appointment. The planning commission shall consist of five members who are appointed by the mayor, with the approval of the city council, and who serve in compliance with the provisions of Chapter 2.32 of the Municipal Code.

B.

Terms of Office. Members shall be appointed for a term of four years.

C.

Meetings. The commission shall hold at least one regularly scheduled meeting each month.

Special meetings may be scheduled as needed, by the chairperson or three commission members with written notice being provided to each member at least twenty-four hours prior to the scheduled meeting.

All meetings of the commission shall be open and public. The commission shall adopt rules for the transaction of business and shall keep a public record of its actions.

D.

Quorum. Three members of the commission shall constitute a quorum for the transaction of business. A majority vote of those present (a minimum of three members) shall be required for formal action on any planning matter.

E.

Duties. The commission shall perform the duties and functions prescribed in this ordinance. The commission shall prepare, recommend adoption, implement and periodically review and recommend revisions to the general plan and this ordinance for the desired physical development of the city, and any land within its sphere of influence.

F.

Authority. The commission shall have final decision-making authority over or make recommendations to the city council as designated in section 6.04.5001, table IV-1, of the zoning ordinance of the City of Fillmore.

2.

Community Development Director.

A.

Appointment. The community development director shall be appointed by the city manager.

B.

Duties. The director shall perform the duties and functions prescribed in this ordinance, in addition to the day-to-day and long range management of the community development department.

C.

Authority. The director has the authority to grant final approval for the following:

(1)

Occupancy clearances;

(2)

Structure relocation permits;

(3)

Sign permits;

(4)

Home occupation permits;

(5)

Temporary use permits;

(6)

Minor modifications;

(7)

Minor variances;

(8)

Minor conditional use permits;

(9)

Residential developments including up to three dwelling units;

(10)

Non-residential developments with less than ten thousand square feet of total structure area or less than a ten-percent addition to an existing structure;

(11)

Lot line/boundary adjustments; and

(12)

Interpretation/definition of "permitted uses" in compliance with Subsection 6.04.0225(3).

All of the above listed "powers" are subject to referral/appeal to the planning commission in compliance with Section 6.04.80 (Hearings and appeals).

(Ord. No. 19-904, § 1, 3-26-2019)

6.04.0220 - Establishment of zoning districts. ¶

1.

Establishment of zones. The City of Fillmore is divided into zoning districts which consistently implement the general plan. The following zoning districts are established:

the general	plan. The following zoning districts are establis
RPD-R	(Residential-Rural) Zone
RPD-L	(Residential-Low) Zone
RPD-M	(Residential-Medium) Zone
RPD-M/H	(Residential-Medium/High) Zone
RPD-H	(Residential-High) Zone
CN	(Commercial Neighborhood) Zone
---	---
CBD	(Central Business District) Zone
CO	(Commercial Ofce) Zone
CH	(Commercial Highway) Zone
MPD	(Manufacturing/Industrial) Zone
O-S	(Open Space) Zone
P-F	(Public Facilities) Zone
SFIP	(South Fillmore Industrial Park) Overlay Zone

2.

Adoption of Zoning Map. The boundaries of the zoning districts established by this subsection shall be shown upon the map designated as the "City of Fillmore Official Zoning Map," on file with the city clerk, and available at the department.

3.

Rules Applying to Uncertain Boundaries on Zoning Map. The following shall apply in determining uncertain boundaries of a district as shown on the official zoning map:

A.

Where a boundary follows a public street or alley, the centerline of the street shall be the boundary. Where a boundary follows a parcel line, the parcel line shall be the boundary;

B.

Where a district boundary divides a parcel, the location of the boundary, unless indicated by dimension, shall be determined by referencing the adopted zoning map and/or legal description of the approved rezoning case for exact dimensions;

C.

All property in the city, or hereafter annexed, not previously classified by the city, is designated in the O-S zoning district; and

D.

In case of an uncertainty, the director shall determine the precise location of the district boundary.

(Ord. No. 19-904, § 1, 3-26-2019)

6.04.0225 - General requirements. ¶

1.

Application. All land and structures shall be used and constructed in compliance with the regulations and requirements of this ordinance, including obtaining all permits prior to construction/use inauguration, as applicable.

2.

Conflicting Permits and Licenses to Be Voided. All permits or licenses shall be issued in compliance with the provisions of this ordinance. Any permit or license issued in conflict with this ordinance is null and void.

3.

Similar Uses Permitted. When a use is not specifically listed in this ordinance, it shall be understood that the use is not permitted unless it is first determined by the director to be similar to other uses listed.

It is further recognized that every conceivable use cannot be identified in this ordinance, and anticipating that new uses will evolve over time, this subsection establishes the director's authority to compare a proposed use and measure it against those listed in this ordinance.

In determining "similarity" the Director shall first make all of the following findings:

A.

The proposed use shall meet the intent of and be consistent with the goals, policies and objectives of the general plan;

B.

The proposed use shall meet the stated purpose and intent of the zoning district in which the use is proposed;

C.

The proposed use shall not adversely affect the public health, safety and general welfare of the city's residents; and

D.

The proposed use shall share characteristics common with, and not be of greater density/intensity or generate more adverse environmental effects than, those uses listed in the zoning district in which the use is proposed.

The proposed use shall be processed under the same permit entitlement (i.e., development permit or conditional use permit) as the similar use(s) listed in the zoning district.

4.

Minimum Requirements. The regulations and provisions of this ordinance are the minimum requirements, unless otherwise stated.

5.

Conflict with Other Regulations. Nothing in this ordinance shall be deemed to repeal or amend the building code, other ordinances or regulations or any specific provisions, requiring a permit or license or both, of the city except as otherwise provided for in this ordinance. Where conflicts occur between the provisions of this ordinance and the building code or other regulations of the city, the more restrictive provisions shall apply.

It is not intended that this ordinance shall interfere with, repeal, abrogate or annul any private easement, covenant, or other agreement in effect at the time of adoption. Where this ordinance imposes a greater restriction upon the use of land or structures, the provisions of this ordinance shall apply.

6.04.0230 - Density and intensity. ¶

The density/intensity limitations established in the land use element of the general plan apply to all parcels, respectively, except as provided in this ordinance.

6.04.0235 - Partial invalidity. ¶

If any chapter, section, subsection, sentence, clause, or phrase of this ordinance is for any reason, held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have adopted this ordinance and each chapter, section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more portions of this ordinance might be declared invalid.

Article II. - ZONING DISTRICTS

6.04.04 - Residential zones. ¶

6.04.0401 - Purpose. ¶

1.

The purpose of this section is to achieve the following:

A.

Preserve neighborhood areas for residential living with rural, low, medium, medium/high and high dwelling unit densities, consistent with the general plan and appropriate standards of public health, safety, welfare, and aesthetics;

B.

Ensure adequate light, air, privacy and open space for each dwelling;

C.

Minimize traffic congestion and avoid the overloading of public services and utilities;

D.

Protect residential neighborhoods from excessive illumination, noise, odor, smoke unsightliness and other objectionable;

E.

Facilitate the provision/enhancement of public improvements in line with anticipated residential construction, and service requirements;

F.

Ensure that residential areas are developed and redeveloped to be healthful, safe and attractive neighborhoods, served by adequate open space and appropriate community facilities;

G.

Create opportunities for "rural" estate-type residential development in outlying portions of the city to maintain orderly development and preserve agricultural resources/pursuits;

H.

Create opportunities for hillside residential development in a safe and attractive manner which preserves the natural beauty of the hillsides;

I.

Designate/preserve land to accommodate housing units which meet the diverse economic needs of the city's residents (i.e., very low, low and moderate income, senior citizen, etc.), situating development in a manner that will retain the scale, character and historic significance of existing residential neighborhoods; and

J.

Promote enhanced urban design in residential projects which ensures that new development is architecturally and functionally compatible, preserves the long- quality, ensures long-term energy and water efficiency, increases security and results in uniquely identifiable neighborhoods, through the application of development standards/guidelines.

2.

The purpose of the individual residential zoning districts is as follows:

A.

RPD (Residential Planned Development) Rural (1.0) Zone. This zone is intended to provide for a "rural" neighborhood with detached single-family dwellings at a density range of zero to 1.0 units per net acre as well as the maintenance of agricultural pursuits. Manufactured homes on permanent foundations are also permitted. Additional land uses (i.e., churches, day care centers, schools, etc.) may be allowed when compatible to and in harmony with, and serving the needs of, a rural residential neighborhood.

B.

RPD (Residential Planned Development) Low (7.0) Zone. This zone is intended to provide for low density neighborhoods with detached single-family dwellings with private yards at a density range of 1.1 to 7.0 units per net acre as well as the maintenance of "limited" agricultural pursuits. Manufactured homes on permanent foundations are also permitted. Additional land uses (i.e., churches, day care centers, schools, etc.) may be allowed when compatible to and in harmony with, and serving the needs of, a low density residential neighborhood.

C.

RPD (Residential Planned Development) Medium (11.0) Zone. This zone is intended to provide for medium density neighborhoods with detached single-family dwellings with private yards, two-family detached and attached residential dwellings (i.e., condominiums, townhomes, a two-family structure, etc.), multi-family attached residential dwellings and mobile home parks/subdivisions at a density range of 7.1 to 11.0 units per net acre. Manufactured homes on permanent foundations are also permitted. Additional land uses (i.e., churches, day care centers, schools, etc.) may be allowed when compatible to and in harmony with, and serving the needs of, a medium density residential neighborhood.

D.

RPD (Residential Planned Development) Medium/High (15.0) Zone. This zone is intended to provide for medium/high density neighborhoods with two-family detached and attached residential dwellings (i.e., condominiums, townhomes, two-family structures, etc.) and multifamily attached residential dwellings (i.e., apartments, condominiums, etc.) at a density range of 11.1 to 15.0 units per net acre. Additional land uses (i.e., churches, day care centers, schools, etc.) may be allowed when compatible to and in harmony with, and serving the needs of, a medium/high density residential neighborhood.

E.

RPD (Residential Planned Development) High (15.1) Zone. This zone is intended to provide for high density neighborhoods with attached multi-family residential dwellings (i.e., apartments, condominiums, townhomes, two-family structures, etc.) at a density range of at least 15.1 units per net acre. Additional land uses (i.e., churches, day care centers, schools, etc.) may be allowed when compatible to and in harmony with, and serving the needs of, a high-density residential neighborhood.

(Ord. No. 18-895, § 2, 12-11-2018)

6.04.0405 - Permitted uses. ¶

Any structure/use designated as "Permitted" (P) by the following list shall comply with the provisions of this ordinance. Any permitted use which will occupy an existing structure (with no structural alteration/enlargement) shall comply with the operational standards contained in this section as well as Article III (General Regulations). Additionally, any permitted use which will occupy an existing structure that is to be altered, enlarged, or requires construction or installation (i.e., manufactured housing) of a structure(s) shall require the approval of a development permit in compliance with Section 6.04.66.

6.04.0410 - Permitted, Development Permitted and Conditionally Permitted Uses. ¶

The following list represents those uses in the residential zoning districts which are Permitted (P), subject to a Development Permit (D) or a Conditional Use Permit (C):

LAND USE ACTIVITY	LAND USE ACTIVITY	RPD R	RPD L	RPD M	RPD M/H	RPD H
1. Residential Uses:
	A. Accessory Dwelling Units (ADUs and Junior ADUs)	P	P	P	P	P
	B. Child Day Care Center
	6 or less children	P	P	P	P	P
	7 or more children	C	C	C	C	C
	C. Condominiums (Detached)	D	D	D	—	—
	D. Condominiums (Attached)	—	—	D	D	D
	E. Congregate Housing	—	C	C	C	C
	F. Convalescent Facilities	—	—	C	C	C
	G. Density Bonus	—	D	D	D	D
	H. Family Day Care Home
	Small	P	P	P	P	P
	Large	P	P	P	P	P
	I. Manufactured Housing	D	D	D	D	D
	J. Mobile Home Parks/Subdivisions	—	—	D	—	—
	K. Multi-Family Dwellings	—	—	D	D	D
	L. Single-Family Dwelling	P	P	P	—	—
	M. Group Homes
	6 or less clients	P	P	P	P	P
	7 or more clients	C	C	C	C	C
	N. Two-Family Dwellings (Detached/Attached)	—	—	D	D	D
	O. Residential Care Facilities
	6 or fewer clients	P	P	P	P	P
	7 or more clients	C	C	C	C	C
	P. Supportive Housing	P	P	P	P	P
	Q. Transitional Housing	P	P	P	P	P
2. Recreational Accessory Uses
	A. Outbuilding (i.e., Pool House)	P	P	P	P	P
	B. Swimming Pool, Private	P	P	P	P	P
---	---	---	---	---	---	---
	C. Tennis Court, Private	P	P	P	P	P
3. Accessory Uses:
	A. Fences and Walls	P	P	P	P	P
	B. Garages/Accessory Structures	P	P	P	P	P
	C. Garage/Yard Sales	P	P	P	P	P
	D. Keeping of Domestic Animals/ Household Pets	P	P	P	P	P
	E. Keeping of Horses	D	—	—	—	—
	F. Outdoor Play/Athletic Equipment	P	P	P	P	P
	G. Patio (with/without cover)/Gazebo	P	P	P	P	P
	H. Satellite Dish Antenna	P	P	P	P	P
	I. Outdoor (enclosed/totally screened) Storage	P	P	P	P	P
	J. Vertical Antenna
	12 feet or less in height	P	P	P	P	P
	12+ feet in height	C	C	C	C	C
4. Other Uses
	A. Agriculture	P	P	—	—	—
	B. Artist's Studio	C	c	—	—	—
	C. Bed & Breakfast Establishments	C	C	C	C	C
	D. Churches	C	C	C	C	C
	E. "Open Air" Produce Stand (only in conjunction with an on- site/ongoing agricultural operation)	D	D	—	—	—
	F. Private Clubs/Organizations	D	D	D	D	D
	G. Private Schools	C	C	C	C	C
	H. Public Utilities/Facilities	P	P	P	P	P
	I. Short-term Vacation Rentals	C	C	C	C	C
5. Home Occupations		Subject to Home Occupation Permit
6. Temporary Uses		Subject to Temporary Use Permit
7. Hemp Storage		Subject to Conditional Use Permit and Limitations in section 6.04.4110(B)(4)

Other similar uses which the director finds to fit within the purpose/intent of the specific residential zoning district in compliance with subsection 6.04.0225(3).

(Ord. No. 16-862, § 6, 6-14-2016; Ord. No. 18-895, §§ 3, 4, 12-11-2018; Ord. No. 18-896, § 5, 12-11-2018; Ord. No. 19-902, § 2, 3-26-2019; Ord. No. 20-928, § 4, 7-14-2020; Ord. No. 20-930, § 2, 7-14-2020; Ord. No. 24-972, § 3, 6-11-2024)

6.04.0415 - Zoning district development standards.

1.

General Standards. The standards contained in Table II-1 (Zoning District Development Standards) relating to density, lot area and configuration, structure setbacks, structural parcel coverage and height, accessory structure height, distance between structures and common/private open space apply to all residential zoning districts, and shall be determined to be the minimum requirements, unless stated as maximum by this ordinance. All setbacks shall be measured from the applicable property line.

Any variation from these standards shall require the approval of a Development Permit in compliance with Section 6.04.66 and consistency with any adopted guidelines for the subject neighborhood or a Minor Variance/Variance in compliance with Sections 6.04.60 or 6.04.64.

TABLE II-1

ZONING DISTRICT DEVELOPMENT STANDARDS

LAND USE ACTIVITY	RPD R	RPD L	RPD M	RPD M/H	RPD H
Maximum Units—Net/Acre	1.02	7.0	11.0	15.0	35.0
Lot Area (sq. ft.)	1.0 ac 2	6,000	6,000	14,000 1	14,000
Lot Area per Dwelling Unit	1.0 ac 2	6,000	4,000	2,900	1,250
Lot Width (feet)	502	50	25	1001	100
Front Setback—Main Structure (feet)	202	18	18	15	10
Front Setback—Street Facing Garage (feet)	252	20	20	20	20
Rear Setback (feet)	20	20	20	20	5
Side Setback3(each)	102	10	10	10	10
Side Setback (street side)	202	10	10	10	10
Structural Parcel Coverage (Maximum)	—2	40%	40%	60%	60%
Distance Between Main Structures (feet)	—4	—4	—4	—4	—4
Distance Between Accessory Structures (feet)	6	6	6	6	6
---	---	---	---	---	---
Common Useable Open Space (sq. ft.)5	0	0	200	200	200
Private Outdoor Living Space (sq. ft.)5	0	0	450	250	200
Main Bldg./Structure Ht. (Maximum)	35 feet or 2 story whichever is less (for RPD-R, L, M, M/H) 40 feet or 3 stories, whichever is less (RPD-H only)
Accessory Bldg./Structure Ht. (Maximum)	17 feet or 1 story whichever is less
Antennae	(Refer to Subsection 6.04.1805(2) Property Development Standards)
Fences, Walls and Hedges	(Refer to Subsection 6.04.1805(7) Property Development Standards)

1 May be reduced to a 5,000 square foot minimum lot area with a 50 foot minimum lot width only if access to the parcel is provided by an alley.

2 Subject to Section 6.04.26 (Hillside Development Standards).

3 May be reduced to 5 feet with Fire Department approval, but shall be 10 feet if adjacent to a 2-story structure.

4 When 2 walls face each other and neither has a window opening, they shall be separated by at least 15 feet. If one or more of the walls has a window opening, they shall be separated by at least 20 feet plus 5 feet for each story of each structure in excess of one-story.

5 Each ground floor dwelling unit shall be provided with 250/200 (RPD-M/H & H) square feet of private outdoor living space while each upper story unit shall be provided with 200/150 (RPD-M/H & H) square feet of private outdoor living space.

Zone Specific Standards. In addition to the general development requirements contained in Article III (General Regulations), the following table identifies specific standards which apply to individual residential zoning districts:

RESIDENTIAL ZONES SPECIFIC DEVELOPMENT STANDARDS*

STANDARD	STANDARD	R	L	M	M/H	H
A.	Accessory Structures	Y	Y	Y	Y	Y
B.	Additional Height Allowances	N	N	N	Y	Y
C.	Child Day Care Center	Y	Y	Y	Y	Y
---	---	---	---	---	---	---
D.	Common Useable Open Space	N	N	N	Y	Y
E.	Conservation/Preservation Area Guidelines	Y	Y	Y	Y	N
F.	Congregate Housing	N	Y	Y	Y	Y
G.	Density Bonus	N	Y	Y	Y	Y
H.	Family Day Care Home
	Small	Y	Y	Y	Y	Y
	Large	Y	Y	Y	Y	Y
I.	Garage/Yard Sales	Y	Y	Y	Y	Y
J.	Hillside Development	Y	Y	N	N	N
K.	Keeping of Domestic Animals/Household Pets	Y	Y	Y	Y	Y
L.	Minimum Dwelling Size	Y	Y	Y	Y	Y
M.	Minimum Room Size	Y	Y	Y	Y	Y
N.	Mobile Home/Manufactured Housing	Y	Y	Y	Y	Y
O.	Mobile Home Parks/Subdivisions	N	N	Y	N	N
P.	Perimeter Walls	N	Y	Y	Y	Y
Q.	Rear Unit Access	Y	Y	Y	Y	Y
R.	Recreational Vehicle Storage (Accessory to Residence)	Y	Y	Y	Y	Y
S.	Accessory Dwelling Units (ADUs and Junior ADUs)	Y	Y	Y	Y	Y
T.	Trash/Recyclable Storage	Y	Y	Y	Y	Y
U.	Zero Lot Line Development	N	Y	Y	Y	Y
V.	Farmworker Congregate Housing	N	Y	Y	Y	Y
W.	Group Homes and Residential Care Facilities	Y	Y	Y	Y	Y
X.	Supportive and Transitional Housing	Y	Y	Y	Y	Y

*Key: "Y" applies and "N" does not apply in the zoning district

Accessory Structures. Accessory structures in residential zoning districts shall be compatible with the materials and architecture of the main dwelling(s) on the property. Accessory structures may only be constructed on a parcel containing a main dwelling unit. The setbacks in Table II-2 shall apply.

Any variation from these setbacks shall require the approval of a development permit in compliance with Section 6.04.66 and consistency with the adopted "guidelines" for the subject neighborhood or a minor variance/variance in compliance with Sections 6.04.60 or 6.04.64.

==> picture [399 x 301] intentionally omitted <==

TABLE II-2

ACCESSORY STRUCTURES


Single-Family Detached Homes
Structure/Construction/Property Line Equipment	Required Setback	(In Feet)
Porches	Front	10 (per CC Ord. 98-734)
	Side	5
Garage	Rear	3
	Side	3
	Side (street)	Main bldg. setback
Swimming pool, spa, storage shed, fsh pond	Rear	5
	Side	5
	Side (street)	Main bldg. setback
Stationary barbecue, fre pit, attached patio cover, gazebo	Rear	3
	Side	3
	Side (street)	Main bldg. setback
---	---	---
Unenclosed/detached patio cover (within rear 1/3 of parcel)	Rear	3
	Side	3
	Side (street)	Main bldg. setback
Air conditioning equipment, pool and spa equipment, and ground- based antennae	Rear	3
	Side	3 If located in rear yard
		Main bldg. setback—located in side yard
	Side (street)	3 If located in rear yard
		Main bldg. setback if located in side yard
Balcony, decks, exterior stairs in excess of 30 inches	Front, Side, Rear	Main bldg. setback
In no case shall a structure, projection or equipment be placed or occur beyond the property lines of the subject parcel.

---	---	---
Multi-Family Attached/Detached Homes
Structure/Construction/Property Line Equipment	Required Setback	(in feet)
Garage	Rear	3
	Side	3
	Side (street)	Main bldg. setback
Swimming pool, spa, storage shed, fsh pond, ground-based antennae	Front	5
	Side	5
	Rear	5
Air conditioning, pool and spa equipment	Front	3
	Side	3
	Rear	3
Stationary barbecue, fre pit, attached patio cover, gazebo	Front	3
	Side	3
	Rear	3
Unenclosed/detached patio cover (within rear ⅓ of parcel)	Front	3
---	---	---
	Side	3
	Rear	3
Where a parcel is situated so that the front, side and rear property lines are not readily determinable, required setbacks shall be established by the Director.

B.

Additional Height (Story) Allowances. When complying with standard setback requirements in the RPD-M/H zoning district, the maximum structure height shall not exceed thirty-five feet or two stories, whichever is less. This standard may be increased by the review authority as part of a Development Permit application up to a maximum of fifty feet or three stories, whichever is less, subject to the following:

(1)

A visual analysis relating structural proportions, massing, height and setback shall be conducted to preserve and enhance the scenic viewshed and minimize the structure's effect on adjacent residents and their privacy;

(2)

The need, and appropriateness of additional stories shall be demonstrated; and

(3)

Architectural compatibility and harmony with surrounding development, land use designations and zoning shall be demonstrated.

As a condition of approval, the Review Authority may require setbacks greater than the minimum setbacks for the RPD-M/H zoning district stated in Table II-2.

C.

Child Day Care Facility Development Standards.

1.

Definitions. For purposes of the Fillmore Zoning Ordinance, the following definitions shall apply:

a.

"Child day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities and school age child care centers.

b.

"Child day care facility" means a facility which provides non-medical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and small and large family day care homes.

c.

"Large family day care home" means a single-family residence which regularly provides, care protection, and supervision for seven to fourteen children in the provider's own residence including children under the age of ten years who reside at the single-family residence, for period of less than twenty-four hours a day. A large family day care home may provide care for more than twelve children and up to and including fourteen children provided the requirements of California Health and Safety Code Section 1597.465 are met.

d.

"Small family day care home" means a single-family residence which regularly provides care, protection, and supervision of a maximum of eight children in the provider's own residence, including children under

the age of ten years who reside at the single family residence, for periods of less than twenty-four hours a day. A small family day care home may only provide care for more than six children and up to eight children without an additional adult attendant, provided the requirements of California Health and Safety Code Section 1597.44 are met.

2.

Small Family Day Care Homes.

a.

The use of a single-family residence as a small family day care home shall be considered a residential use of property.

b.

A business license shall be required for the privilege of operating a small family day care home.

c.

Use of a single-family dwelling for purposes of a small family day care home shall not constitute a change of occupancy for purposes of any of the state building and codes adopted by references in section 5.01.010 of the Fillmore Municipal Code.

d.

A small family day care home shall contain a fire extinguisher and smoke detector device that meet standards established by the state fire marshal and one or more functioning carbon monoxide detectors that meet the requirements of state law.

e.

Small family day care homes shall comply with all city development standards applicable to other singlefamily residences in the same zone, including building heights, setback, or lot dimensions.

f.

Small family day care homes shall have a valid and unexpired state license to operate.

3.

Large Family Day Care Homes.

a.

The use of a single-family residence as a large family day care home shall be considered a residential use of property and therefore shall not alter either the residential character of the appearance of the residence or the neighborhood in which the residence is located. Large family day care homes are allowed within a detached single-family dwelling in all residential zones that permit detached single family dwellings subject to a state license and compliance with all the requirements of this section.

b.

A business license shall be required for the privilege of operating a large family day care home.

c.

Use of a single-family dwelling for purposes of a large family day care home shall not constitute a change of occupancy for purposes of any of the state building and codes adopted by references in section 5.01.010 of the Fillmore Municipal Code.

d.

A large family day care home shall contain a fire extinguisher and smoke detector device that meet standards established by the state fire marshal and one or more functioning carbon monoxide detectors that meet the requirements of state law.

e.

Large family day care homes shall comply with all city development standards applicable to other singlefamily residences in the same zone, including building heights, setback, or lot dimensions.

f.

Large family day care homes shall have a valid and unexpired state license to operate.

4.

Child Day Care Centers.

In residential zones, child day care centers are permitted for six or fewer children (small facility), and the approval of a conditional use permit is required for a facility of seven or more children (large facility) in compliance with section 6.04.70 of this code. In commercial zones, day care centers shall be allowed as described in the table located at section 6.04.0610 of this code. In manufacturing/industrial zones, day care centers shall be allowed as described in the table located at section 6.04.0810 of this code. In business park districts, day care centers shall be allowed as described in the table located at section 6.04.1202 of this code.

b.

Standards and requirements. Day care centers in all zones shall be developed/operated in the following manner:

i.

The facility shall conform to all property development standards of the zoning district in which it is located.

ii.

The facility shall be provided with indoor play areas in compliance with state requirements. Separate and clearly defined play and activity areas shall be provided for each age group (i.e. infant, toddler, preschool, and school-age children).

iii.

An outdoor play area of no less than seventy-five square feet per child, but in no case less than four hundred fifty square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play area shall be located in the rear yard. Stationary play equipment shall not be located in required front and side yards.

iv.

A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. In the front yard, the fence or wall shall be a maximum of thirty-six inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties and shall be subject to the approval of the director. All fences or walls shall provide for safety with controlled points of entry.

5.

On-site landscaping shall be consistent with that in the surrounding neighborhood and shall be installed and maintained, in compliance with section 6.04.28 (landscaping standards). Landscaping shall be provided to reduce noise effects on surrounding properties (i.e., trees shall be planted along the property lines, closely spaced and subject to the approval of the director).

6.

All on-site lighting shall be energy efficient, stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood.

7.

All on-site signs shall comply with the provisions of section 6.04.38 (sign standards).

8.

All off-street parking shall comply with the provisions of section 6.04.34 (off-street parking standards) and shall provide on-site vehicle turnaround or separate entrance and exit points where feasible, and adequate passenger loading spaces.

9.

The facility shall contain a fire extinguisher and smoke detector devices and comply with all standards established by the fire department.

10.

A facility within any residential zoning district may only operate up to fourteen hours per day between the hours of 6:00 a.m. and 8:00 p.m.

11.

Outdoor activities may only be conducted between the hours of 7:00 a.m. and 7:00 p.m.

12.

All facilities shall be state licensed and shall be operated in compliance with all applicable local, county and state health and safety regulations.

D.

Common Useable Open Space. All multi-family residential developments with five or more dwelling units in the RPD-M, M/H and H zoning districts shall incorporate common useable open space for passive and active recreational purposes within the project's design. The minimum area dedicated for this purpose shall be thirty percent of the net parcel area or two hundred square feet for each unit, whichever is greater. Useable open space shall not include rights-of-way, vehicle parking areas, areas between any structures less than twenty feet apart for private outdoor useable space or setback areas. (Setback areas may be credited, by the director, as useable open space, up to a maximum of fifty percent, when the setback is a minimum of twenty feet wide and contiguous for a minimum distance of forty running feet.)

Additionally, all multi-family residential developments shall provide indoor/outdoor recreational amenities within the common open space which may include, but are not limited to, the following:

(1)

Barbecue/picnic area;

(2)

Recreation building;

(3)

Swimming pool; and/or

(4)

Tot lot with play equipment.

The specific type/size/location of the amenities shall be subject to the approval of the director. The DIRECTOR shall have the authority to adjust/average the minimum standards for private/common open space when doing so would result in an improved design and an enhanced overall provision of private/common useable open space.

E.

Congregate Housing Development Standards. Standards governing congregate housing facilities are outlined in Section 6.04.22.

F.

Conservation/Preservation Area Guidelines.

(1)

The conservation/preservation area guidelines are intended to implement general plan policies related to the preservation of residential historic resources within the area bounded by Central Avenue, Fourth Street, Mountain View Street and Main Street.

(2)

The conservation/preservation area guidelines will be utilized during the city's development/design review process as criteria against which to review residential projects requiring discretionary approval within the conservation/preservation area. Additionally, the guidelines are intended to provide a clear understanding of the city's goals for preserving the historic character of the area. In instances where proposed improvement does not require discretionary approval (i.e. painting or re-siding) an advisory review from the director may be requested. Advisory review is provided to assist property owners in making improvements that are consistent with the spirit of the guidelines.

(3)

The conservation/preservation area guidelines are available at the department and include information/guidance in the following areas:

(a)

Preservation and rehabilitation of existing structures;

(b)

Additions to existing structures; and

(c)

New infill structures.

G.

Density Bonus. Provisions governing density bonus/affordable housing are outlined in Section 6.04.0417.

H.

Garage/Yard Sales. Garage/yard sales are permitted in all RPD zoning districts in compliance with Chapter 7.10 of the Municipal Code.

I.

Hillside Development Standards. Standards governing "hillside development" are outlined in Section 6.04.26.

J.

Keeping of Domestic Animals/Household Pets. The keeping of domestic animals/pets for household enjoyment only is permitted in all RPD zoning districts subject to the following standards:

(1)

No more than three dogs or three cats or a combination that does not exceed three dogs and cats may be permitted only if properly maintained on the premises within/outside a dwelling;

(2)

Other domestic animals/household pets (i.e., birds [not including poultry], fish, rodents, etc.) may be permitted only if properly maintained on the premises within/outside a dwelling. The director may allow other domestic animals/household pets not previously listed; and

(3)

A young animal(s) born to a permitted animal kept within/outside of the dwelling may be kept until the young animal is weaned from its mother (eight weeks for dogs or cats).

K.

Minimum Dwelling Size Standards. The following minimum dwelling areas are computed by calculating the living area as measured on the outside of walls and excludes basements, carports, exterior courtyards/patios, garages and porches:

The minimum area requirements for single-family detached homes: .....1,200 sq. ft.

The minimum area requirements for single-family attached homes: .....1,000 sq. ft.

The minimum area requirements for multi-family dwellings are as follows:

1 Bedroom .....750 sq. ft.

2 Bedrooms .....900 sq. ft.

3 Bedrooms .....1,000 sq. ft.

"Efficiency apartment units" (400—700 square feet), as defined in Section 6.04.96, are allowable only in areas designated in the general plan for "medium," "medium/high" or "high" residential development. These apartment units shall be allowed only in cases where a fractional/partial additional unit (i.e., 1.5 to 1.9 units allowed on property in compliance with the required "lot area per dwelling unit") would otherwise not be allowed.

L.

Minimum Room Size Standards. Minimum room size standards are as follows:

Room	Minimum Area In Square Feet
Bedroom	100
Full bath (tub, toilet and lavatory)	50
Three-quarter bath (stall shower, toilet and lavatory)	35
Half bath (toilet and lavatory)	25

M.

Mobile Home and Manufactured Housing Development Standards. Mobile or manufactured homes used as single-family dwellings are subject to the approval of a development permit and shall be installed/maintained in the following manner:

(1)

Mobile or manufactured homes may be used as a single-family residence if the home is certified under the National Mobile Home Construction and Safety Act of 1974;

(2)

Mobile or manufactured homes shall be installed on and secured to an approved permanent foundation in compliance with this ordinance, the city building code and the Health and Safety Code (Section 18551); and

(3)

The following development standards shall govern the installation and assembly of mobile and manufactured homes. The director may modify any of the following standards during the development

permit process upon finding(s) that to do so would enhance architectural compatibility and the protection of health and safety:

(a)

All homes shall have a minimum eave projection of eighteen inches on at least two opposite sides, with at least twelve inches on any one side;

(b)

All roofs shall have a minimum pitch of 1:4 and shall be constructed of non-reflective/non-metallic roofing material;

(c)

All exterior siding shall be non-reflective/ non-metallic and shall be installed from the ground up to the roof; and

(d)

All homes shall have a minimum width (across the narrowest portion) of fifteen feet.

The provisions of this subsection do not apply to the installation and assembly of mobile and manufactured homes in mobile home parks.

N.

Mobile Home Park/Subdivision Development Standards. The design of individual lots and other areas within mobile home parks and the permitting of individual mobile homes within the parks is regulated by the California Department of Housing and Community Development, and is not subject to the provisions of this subsection. However, the city has full authority to adopt reasonable standards regulating other characteristics of mobile home parks as well as all aspects of mobile home subdivisions.

Mobile home parks/subdivisions are allowable only in the RPD-M zoning district subject to a development permit and shall be constructed in the following manner:

(1)

The minimum site area for new mobile home parks/ subdivisions shall be ten acres;

(2)

No more than one mobile home may be located on an individual lot/space:

(3)

Individual mobile home lots shall have the following minimum site areas/widths:

(a)

Single-wide coaches: 2,400 sq. ft./35 ft.;

(b)

Double-wide coaches: 3,000 sq. ft./45 ft.; and

(c)

Triple-wide coaches: 3,600 sq. ft./55 ft.

(4)

Individual mobile homes shall be set back a minimum of twenty feet from the nearest public right-of-way;

(5)

Minimum individual mobile home lot setbacks shall be measured from the edge of internal streets and space lines as follows:

(a)

Front—Ten feet.

(b)

Side—Five feet.

(c)

Rear—Ten feet.

(6)

Maximum mobile home lot coverage (mobile home and any accessory structure) shall be seventy-five percent;

(7)

Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on-grade;

(8)

All on-site utilities shall be installed underground;

(9)

All private internal streets within the park/subdivision shall be appropriately paved with a minimum width of thirty-six feet or in compliance with the Ventura County Standards, whichever is greater;

(10)

The mobile home park/subdivision shall be provided with off-street parking in compliance with Section 6.04.34 (Off-street parking standards);

(11)

Mobile home parks/subdivisions should contain commercial uses for the convenience of the residents (i.e., food/drink vending machines, laundry room, etc.) provided that these uses shall be located within an enclosed structure in the interior of the park/subdivision and shall not occupy more than five hundred square feet;

(12)

Each mobile home lot shall contain adequate space to accommodate an enclosed storage facility with a minimum of one hundred twenty square feet;

(13)

All exterior boundaries of the mobile home park/subdivision shall appear similar to conventional residential developments and shall be screened by a decorative fence (with open grill work) or masonry wall six feet in height, with a minimum six-foot wide landscaped area provided along the inside of the perimeter fence or wall subject to the approval of the director;

(14)

Common open space shall be landscaped in compliance with Section 6.04.28 (Landscaping standards);

(15)

A common recreation area shall be provided in the park/subdivision for use by all residents and their invited guests. The area shall provide for a minimum aggregate area of fifty square feet of recreational space for each mobile home space; and

(16)

All mobile home parks/subdivisions shall provide recreational amenities within the site which may include, but are not limited to, the following:

(a)

Clubhouse;

(b)

Court game facilities (i.e., basketball, tennis, etc.);

(c)

Day care facilities;

(d)

Picnic shelter/barbecue area;

(e)

Spa;

(f)

Swimming pool; and/or

(g)

Tot lot with play equipment.

The type of amenities shall be approved by the director and provided in compliance with the following schedule:

schedule:
Number of Units	Minimum Amenities
0—9	1
10—50	2
51—100	3
101—200	4
201—300	5

Add one amenity for each 100 additional units.

O.

Perimeter Walls/Fences. Any structure/use, other than a single- or two-family dwelling, in a residential zoning district shall require the installation of perimeter screening in the form of walls and/or fences, which shall be constructed in the following manner:

(1)

The wall/fence shall be six feet in height, measured from the finished grade of the higher of the two adjoining parcels;

(2)

The wall/fence shall be installed along the perimeter of the parcel except for those portions fronting a public right(s)-of-way. Walls/fences located within the front yard setback shall not exceed a height of thirty-six inches;

(3)

The wall/fence shall be architecturally treated on both sides; and

(4)

The design and construction materials of the wall/fence shall be subject to the approval of the director.

P.

Rear Unit Access. Every developed residential parcel containing two or more residential units shall include a ten-foot wide improved pedestrian passageway to the rear unit(s). The passageway shall contain a paved walkway and shall be properly landscaped, maintained and vertically unobstructed overhead.

Q.

Recreational Vehicle Storage Facilities.

(1)

A single recreational vehicle may only be stored on a lot occupied by a single-family detached residence consistent with the requirements of this section.

(2)

Recreational vehicle storage facilities shall be encouraged on an individual lot basis as follows:

(a)

Increase one side yard to twelve feet in width to provide access to a storage space in the rear or side yard; or

(b)

Provide a "pass-thru" garage to the rear yard, while maintaining the required side yards.

(3)

Recreational vehicles shall not be used as living area or for temporary guest accommodations unless temporarily permitted pursuant to Section 14.56.020, recreational vehicle and trailer parking.

(4)

Recreational vehicle storage shall be behind the front yard setback line and rear yard gate. The access driveway to the storage area shall be paved treads only or grasscreted, subject to the approval of the director.

R.

Accessory Dwelling Units and Junior Accessory Dwelling Units.

1.

Purpose. This section provides for accessory dwelling units and junior accessory dwelling units on residential or mixed-use lots developed or proposed to be developed with single-family and multifamily dwellings in accordance with state law, including, but not limited to, Government Code section 66310 et seq.

Applicability. The provisions of this subsection (R) apply to all lots that are occupied with a single-family dwelling unit or multifamily dwelling units and allow for residential or mixed use. Accessory dwelling units shall be permitted on any lot (unless otherwise prohibited in this subsection (R) where single-family dwelling units or multifamily dwelling units are permitted. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and will be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.

3.

Accessory Dwelling Units on a Single-Family Dwelling Lot. An accessory dwelling unit located on a lot zoned for single-family use that is either attached or detached from the primary structure shall comply with the following development standards:

a.

The lot on which an accessory dwelling unit is located must be one in which residential uses are permitted and contain an existing or proposed single-family dwelling.

b.

The accessory dwelling unit must be located on the same lot as the proposed or existing primary dwelling and either:

(i)

Attached to; or

(ii)

Located within the proposed or existing primary dwelling, including attached garages, storage areas or similar uses; or

(iii)

An accessory structure; or

(iv)

Detached from the proposed or existing primary dwelling.

c.

No more than one accessory dwelling unit shall be permitted on any single-family parcel.

d.

The total floor area of an attached accessory dwelling unit shall not exceed either:

(i)

Fifty percent of the proposed or existing primary dwelling floor; or

(ii)

Eight hundred fifty square feet or one thousand square feet for an accessory dwelling unit that provides more than one bedroom.

e.

The total floor area for a detached accessory dwelling unit shall not exceed eight hundred fifty square feet or one thousand square feet for an accessory dwelling unit that provides more than one bedroom.

f.

Accessory dwelling units shall comply, without limitation, with all applicable building and safety codes as adopted by title 5 of the Fillmore Municipal Code.

g.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

h.

No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. However, a setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or any new structure constructed in the same location and to the same dimensions as an existing structure.

i.

The accessory dwelling unit shall comply with the lot coverage and open space requirements of the zone in which the parcel is located, except that application of this standard shall not preclude the construction of an accessory dwelling unit that has four-foot side and rear yard setbacks and at least eight hundred square feet, in compliance with all other local design, development and historic standards other than minimum lot size.

j.

An application to create an accessory dwelling unit is not required to correct legal 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 accessory dwelling unit. This includes corrections to the primary dwelling unit, unless the correction is necessary to protect health and safety. If a threat to health and safety is present, corrections to those conditions shall be included in the plans.

k.

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

Plans and construction shall include installing underground all service utility lines to the nearest existing suitable pole off-site, including, but not limited to, lines for electrical energy, telecommunications, and fiberoptic cables.

m.

The accessory dwelling unit shall be designed such that it matches with the design of the primary dwelling unit in terms of exterior treatment, landscaping, and architecture, including, but not limited to, roofing pitch, roofing materials, and paint color.

n.

The accessory dwelling unit shall comply with the following height requirements:

i.

A height of sixteen (16) feet or less for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit.

ii.

A height of eighteen (18) feet or less for a detached accessory dwelling unit 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 California Public Resources Code. An additional two (2) feet of height is allowed for any accessory dwelling unit with a roof pitch that aligns with the roof pitch of the primary dwelling unit.

iii.

A height of eighteen (18) feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

iv.

A height of twenty-five (25) feet or the height limitation in the City's zoning ordinance that applies to the primary dwelling unit, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause does not allow an accessory dwelling unit to exceed two (2) stories.

o.

Parking requirements for accessory dwelling units shall be one parking space per accessory dwelling unit. These parking spaces may be provided as tandem parking, including on a driveway or in setback areas, excluding the non-driveway front yard setback. No parking shall be required for an accessory dwelling unit in any of the following circumstances:

(i)

The accessory dwelling unit is located within one-half mile walking distance of public transit.

(ii)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(iii)

The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

(iv)

On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(v)

There is a car share vehicle located within one block of the accessory dwelling unit.

(vi)

When a garage, carport, covered parking structure, or uncovered parking space is demolished in

As part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test shall have been completed within the five years preceding the application, or, if the percolation test has been recertified, within the ten years preceding the application.

6.

Permit Requirements. Accessory dwelling units and junior accessory dwelling units will be permitted ministerially, subject to compliance with this subsection (R), within sixty days of a complete application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until it acts on the permit application to create the new single-family dwelling or multifamily dwelling, but in such event the application to create the accessory dwelling unit or junior accessory dwelling unit will be considered without discretionary review or hearing.

7.

Fees.

a.

Fees may be charged for the construction of accessory dwelling units in accordance with state law, including Government Code section 66000 et seq. and section 66012 et seq.

b.

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

No impact fees will be imposed upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. "Impact fee" does not include any connection fee or capacity charge charged by the city.

d.

For an accessory dwelling unit described in subsection 5(a)(i), the city will not require the installation of a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.

e.

For an accessory dwelling unit that is not described in section 5(a)(i), new or separate utility connections directly between the accessory dwelling unit and the utility are required. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by

the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge will not exceed the reasonable cost of providing this service.

8.

No accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot that is located in a very high fire hazard severity zone as designated by the City of Fillmore Fire Department consistent with the very high fire hazard severity zone mapping generated by the California Department of Forestry and Fire Protection.

9.

Definitions. As used in this subsection (R) only, the following terms are defined as follows:

"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall also include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Existing structure" for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means within the four walls and roofline of any structure existing on or after the effective date of this section that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards.

"Junior accessory dwelling unit" means a residential dwelling unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

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

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

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

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

"Public transit" shall have the same meaning as in Section 66313 of the Government Code.

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

S.

Trash/Recyclable Storage. Standards governing trash/recyclable storage enclosures are outlined in Section 6.04.1805(23).

T.

Zero Lot Line/Small Lot Residential Development Standards. Zero lot line/small lot residential projects are allowable in the RPD-M and M/H zoning districts, subject to the approval of a development permit, and shall be developed in the following manner:

(1)

The parent parcel shall be a minimum of seven square feet (two lots of three thousand five hundred square feet each);

(2)

The development shall comply with all of the applicable property development standards of the RPD-M and M/H zoning districts respectively;

(3)

Alleys should be provided in order to accommodate vehicular access to individual units as well as to provide for trash collection and other public/private services. Alleys shall not be used for storage or parking;

(4)

A parcel abutting a public alley should be designed to gain vehicular access from the alley;

(5)

Each parcel shall front on a public street and shall have an average width of forty-five feet (each lot shall have a minimum width of forty feet, while averaging forty-five feet). However, each parcel fronting on both a public street and a public alley shall be permitted to have a minimum width of forty feet on the public street and a minimum of thirty-five feet on the public alley, provided that the access for all required off-street parking is to be only from the public alley;

(6)

All detached structures (i.e., dwellings, garages, etc.) shall be set back a minimum of five feet from the rear alley (public right-of-way) property line and five feet from the side/street right-of-way property line;

(7)

The zero lot line development provides for the placement of a detached single-family dwelling on one interior side yard with a zero-foot required setback while maintaining a minimum ten-foot setback on the other side. To accomplish this, the parcel adjacent to the zero side yard shall be held under the same ownership at the time of initial development and shall provide for either a zero setback or a minimum setback of ten feet. The opposite side yard (from the zero setback side) shall be perpetually maintained free of any obstructions, other than a required solid decorative masonry garden wall which shall be architecturally treated on both sides and be subject to the approval of the director. The masonry wall shall intersect with the rear property lines; (See diagrams below)

(8)

The zero side yard shall not be located adjacent to any private or public rights-of-way;

(9)

No portion of any structure or architectural element shall be permitted to project over any property line;

(10)

Exposure protection between adjoining structures shall be in compliance with the requirements/ specifications of the city building code and fire department;

(11)

The walls of the structure located on the zero lot line shall be constructed with low maintenance solid decorative masonry or masonry veneer;

(12)

The walls of the structure located on the zero lot line shall have no windows, doors, air conditioning units, or any other type of openings. Atriums/courts may be permitted on the zero lot line side when they are enclosed by three walls of the structure and a solid wall, a minimum of eight feet in height, is provided on

the zero lot line. The eight-foot high wall shall be constructed of the same material as the exterior walls of the structure and be subject to the approval of the director;

==> picture [264 x 170] intentionally omitted <==

(13)

Parking shall be provided and maintained in compliance with Section 6.04.34 (Off-Street Parking Standards). Tandem parking may be permitted in required garage structures only on parcels with alley access;

(14)

Landscaping shall be installed and maintained in compliance with Section 6.04.28 (Landscaping standards);

(15)

Each dwelling shall have a minimum of one hundred fifty square feet of private useable outdoor open space, with no dimension less than ten feet; and

(16)

In order to provide for maintenance and repair of structure(s) located on the zero lot line, a perpetual fivefoot wide wall/maintenance easement shall be provided on the parcel adjacent to the zero lot property line which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the parcel/tract map and incorporated into each deed transferring title to the subject property. The roof(s) of the structure(s) shall be designed to ensure that water runoff from the dwelling located on the common lot line is limited to the easement area.

==> picture [264 x 164] intentionally omitted <==

U.

Farmworker Congregate Housing Development Standards (new section per Ord. 03-774 Adopted January 13, 2004). Standards governing Farmworker Congregate Housing are outlined in Section 6.04.23.

V.

Group Homes and Residential Care Facilities.

1.

Group homes and residential care facilities serving six or fewer clients shall only be subject to those restrictions that apply to single family dwellings in the same zone.

2.

Group homes serving seven or more clients shall be subject to the following restrictions:

a.

Landscaping and Maintenance. The applicant must provide adequate exterior maintenance to the facility and surrounding yard and setback areas. This shall include a plan demonstrating provisions for regular yard and landscape irrigation and maintenance and other items of routine maintenance.

b.

Parking. Sufficient parking on-site shall be provided. The applicant shall develop and implement a parking plan indicating the maximum number of vehicles proposed to be parked on and off the site, projected needs for parking at the site, and how the projected needs are proposed to be met.

3.

Residential care facilities serving seven or more clients shall be subject to the following restrictions:

a.

Location. Minimum distance requirements shall be consistent with the requirements of state law, if any.

b.

c.

W.

Transitional and Supportive Housing Development Standards. Transitional and supportive housing are considered a permitted use in all residential zones and are allowed in the public facilities zoned properties subject to a minor conditional use permit. Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject to those restrictions and development standards that apply to other residential dwellings of the same type in the same zone.

(Ord. No. 17-877, § 1, 10-10-2017; Ord. No. 17-880, §§ 1, 2, 10-10-2017; Ord. No. 17-882, § 3, 12-122017; Ord. No. 18-895, §§ 5—7, 12-11-2018; Ord. No. 18-896, §§ 7—10, 12-11-2018; Ord. No. 19-902, § 4, 3-26-2019; Ord. No. 20-930, §§ 3, 4, 7-14-2020; Ord. No. 22-937, § 2, 3-22-2022; Ord. No. 24-972, § 5, 6-11-2024; Ord. No. 25-984, § 2, 10-26-2025)

6.04.0416 - Condominium Conversions (new section per Ord. 03-775 adopted January 13, 2004).

A.

Introduction. Residential condominium projects, residential condominium conversion projects, and conversions of rental mobile home parks to condominium ownership provide for individual ownership of separate dwelling units which are usually in close proximity to one another. A typical characteristic of such projects is a substantial common area which is managed and maintained by the individual owners of dwelling units through a homeowners' association and covenants, conditions and restrictions (CC&Rs). This type of ownership, which mixes individual ownership and ownership in common, among other things, can magnify the impact upon the public health, safety, welfare, convenience and economic well-being of the larger community if conditions of poor land use and site planning, mismanagement, neglect and blight are allowed to occur. The regulations in this chapter are intended to minimize such impacts while providing opportunities for first-time buyers, senior citizens, and lower income households to purchase their own homes.

B.

Applicability. The provisions of this chapter shall apply to all proposed residential condominium conversions.

C.

Development Permit Required. All residential condominium conversion projects shall require a development permit as provided in Section 6.04.0410.

D.

Regulations. All residential condominium conversion projects, including conversion of rental mobile home parks to ownership status (i.e., individual ownership of underlying, lots or other shared ownership of lots or common facilities) shall require a development permit as provided in Section 6.04.0410. The term "conversion of a mobile home park to ownership status" shall mean and include, by way of example but without limitation, any and all ownership changes by which an existing traditional mobile home park, wherein tenants own their individual units but rent spaces or lots within the park, is changed to a situation wherein tenants own, individually or in common, their individual underlying lots or spaces or common facilities within the park.

E.

Application Requirements. In addition to such other application requirements as may be established, no application for a development permit for a residential condominium conversion project, or for conversion of a rental mobile home park to condominium-type ownership, shall be deemed complete and acceptable for processing unless the application includes the following:

1.

A certified list of the names and addresses of all tenants residing in the project proposed to be converted, complete as of the time the application is filed.

2.

A list of each tenant known to have children eighteen years of age or younger residing in the project.

3.

A list of each tenant residing within the project known to be sixty-two years of age or older.

4.

Current rents for each unit.

5.

Approximate proposed price for which each unit would be sold.

6.

The pro forma budget proposed to be submitted to the state department of real estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by the individual unit owners.

7.

A property report prepared by a state-licensed civil engineer, architect or other qualified person approved by the building official. The report shall describe, in detail, the condition and the useful life of the roof, foundations, mechanical, electrical, plumbing, energy conservation, and structural elements of all existing permanent buildings on the property.

8.

A structural pest report for all existing permanent buildings on the property, prepared by a state licensed pest control operator.

9.

An acoustical report for all existing permanent residential buildings on the property which indicates the type of construction of existing walls and ceilings and noise attenuation characteristics of such construction. The test data shall include a sampling of at least ten percent of the dwelling units involved, but in no case fewer than two dwelling units. The reports shall include recommended methods of compliance with the insulation standards of the California Administrative Code Title 24, Part 2, Chapter 2035, and shall be prepared by a person experienced in the field of acoustical engineering.

10.

The location and nature of all existing onsite fire protection equipment, including but not limited to fire hydrants, stand pipes, fire sprinkler systems, and fire extinguishers shall be indicated on the plans submitted.

11.

A condominium map showing proposed property lines and common areas.

F.

Notice to Tenants. All tenants residing in the project proposed to be converted shall be notified of the proposed conversion by the applicant in accordance with the requirements of the Subdivision Map Act. In addition, written notice shall be mailed by the city to all tenants residing in the project proposed to be converted not less than ten days prior to the hearing n the development permit. Such notice shall specify the following:

1.

The date, time, place and purpose of the hearing.

2.

That should the development permit be approved, tenants may be required to vacate the premises.

3.

That should the development permit be approve, the property owner shall be required to give all tenants a minimum of one hundred eighty days' notice to vacate; and that such notice shall not restrict the exercise

of lawful remedies pertaining to, but not limited to, tenants' defaults in the payment of rents or the defacing or destruction of all or part of the rented premises.

G.

Required Findings.

1.

In addition to those findings required for development permits, and prior to approving any residential condominium conversion project, other than conversions of rental mobile home parks to ownership status, the decision-making authority must make either all of the findings in paragraph (a) of this subsection or all of the findings in paragraph (b) of this subsection as follows:

(a)

That the proposed conversion will not adversely affect supply and availability of rental housing with the city or within a specific area in the city. This finding must be based upon a determination that:

(1)

The current vacancy rate for rental units within the city or within the specific area of the proposed conversion is not less than five percent, as determined by the most recent planning division survey or other reliable vacancy rate data acceptable to the city; and

(2)

If the project proposed to be converted is designed for families with children, or includes three and/or four bedroom units, the vacancy rates for these types of units within the city or within the specific area of the proposed conversion is not less than five percent, as determined by the most recent planning division survey or other reliable vacancy rate data acceptable to the city.

(b)

That mitigating circumstances exist which justify approval of the conversion when the applicable vacancy rate is lower than five percent. In addition to the other mitigating circumstances that must be found, this determination must also be based on at least one of the following two findings:

(1)

That new rental units will be constructed by the applicant which will replace those to be converted. The number of replacement units shall equal or exceed the number of units proposed to be converted. Replacement units shall be completed and occupancy permits issued prior to recordation of the final map for the conversion; or

(2)

That the conversion will help other city housing goals by providing a substantial percentage of its units at prices affordable to low and moderate income households in a manner consistent with the adopted housing element, and provision of such housing opportunities outweighs any loss of rental units.

2.

In addition to those findings required by subsection 1. of this section, and prior to approving conversion of a rental mobile home park to ownership status, the decision-making authority must also find that the proposed mobile home park conversion will not adversely affect the supply and availability of rental mobile home spaces in the city, or within a specified area in the city.

H. Permit Approval.

1.

Unless otherwise provided in the development permit, all such permits authorizing residential condominium conversion projects, except for conversions of rental mobile home parks to ownership status, shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary or desirable by the decision-making authority.

(a)

The applicant shall provide relocation assistance equal to two times the monthly rent to any tenant household living in any unit at any time prior to tentative map approval, provided such tenant is not otherwise in default of the rental agreement. If the tenant elects to purchase a unit, such relocation assistance shall be applied to the cost of the unit. The applicant shall provide evidence that such assistance has been made as a condition of approval of the tentative map.

(b)

The applicant shall offer a lifetime lease to households in which the head of household or spouse is sixtytwo years of age or older at the time of the final map approval. Reasonable annual rent increases shall be allowed, but shall not exceed the increase in the housing component of the Los Angeles-Long Beach Area Consumer Price Index, or any successor index designed to determine general increases in housing costs, for the preceding twelve-month period. Provisions setting forth this limitation on rent increases shall be incorporated into such lease. The applicant shall provide evidence that such offer has been made to all eligible tenants prior to filing for approval of the final subdivision map.

(c)

The applicant shall enter into leases, in a form approved by the city, within thirty days after final approval of the sale of units by the State of California with all tenants to whom offers of leases have been required who desire to remain as tenants pursuant to such lease.

(d)

The applicant shall provide alternate housing to tenant households at no additional cost to the tenant where substantial remodeling or rehabilitation occurs during conversion, and the unit being remodeled or rehabilitated is not habitable. The final determination of habitability shall be made by the building official.

(e)

The applicant shall submit to the building official for review and approval a complete set of plans and specifications detailing the necessary repair and upgrading required by the property report inspection report, pest report and acoustical report for any new construction.

(f)

The applicant shall submit to the building official for review and approval a construction phasing plan providing for safe pedestrian access, lighting and site conditions for those buildings and areas which will be occupied and used during the construction or repair. A work schedule indicating hours of construction activity, type of equipment to be used along with any proposed noise control, and a list of units which will be uninhabitable during construction, shall also be submitted to the building official.

(g)

The applicant shall request and receive inspection of individual dwelling units from the city's division of building and safety. Such notice of request for inspection shall be given in a timely and efficient manner. The division of building and safety shall identify any existing substandard conditions and notify the applicant of action required to rectify such substandard conditions.

(h)

The applicant shall submit a statement, signed by a person experienced in the field of acoustical engineering, certifying that the converted units conform to the noise insulation standards of California Administrative Code Title 24, Part 2, Chapter 2035 or any amendments thereto.

(i)

The applicant shall provide a reasonable degree of onsite fire protect ion as determined by the fire chief. Such protection shall include, but shall not be limited to, water supply, fire hydrant location, stand pipes and smoke detectors.

(j)

The applicant shall submit, prior to filing for approval of the final subdivision map, verification of compliance with the Fillmore Building Code, relating to smoke detector requirements.

2.

Unless otherwise stated in the development permit, all such permits allowing conversions of rental mobile home parks to condominium-type ownership shall be subject to all of the following conditions, which shall be in addition to such other conditions deemed necessary by the planning commission or city council.

(a)

The applicant shall provide relocation assistance in an amount equal to the actual cost of moving up to a maximum of seven hundred fifty dollars, adjusted annually equal to the greater of 1) the annual January-toJanuary increase in the Consumer Price Index ("CPI") for the Los Angeles-long Beach area as per the United States Department of Bureau of Labor Statistics, or 2) in accordance with State of California law relating to mobile home parks. In addition, utility connection fees shall be paid by the developer in an

amount equal to the actual costs up to a maximum of one hundred dollars. If the tenant elects to purchase a lot, such relocation assistance shall be applied to the cost of the lot. The city council may, by separate resolution, periodically adjust the maximum amount set forth in this subsection to reflect increases in costs.

(b)

The applicant shall offer a lifetime lease to households in which the head of household or spouse is sixtytwo years of age or older at the time of the final approval. Reasonable annual rent increases shall be permitted but shall not exceed the increase in the housing component of the Los Angeles- Long Beach Area Consumer Price Index, or any successor index designed to determine general increases in housing costs, for the preceding 12-month period provided further that should any rent stabilization laws be in effect, rental increases shall be no greater than the lesser of the amount permitted under the Consumer Price Index method or the rent stabilization law. Provisions setting forth this limitation on rent increases shall be incorporated into the lease. The applicant shall provide evidence that such offer has been made to all eligible tenants prior to filing for approval of the final subdivision map.

(c)

The applicant shall enter into leases in a form approved by the city, within thirty days after final approval of the sale of units by the State of California with all tenants to whom offers of leases have been required who desire to remain as tenants pursuant to such lease.

(d)

The applicant shall provide a reasonable degree of onsite fire protection, as determined by the fire chief. Such protection will include, but not be limited to, water supply, fire hydrant location, stand pipes and smoke detectors.

(e)

The applicant shall submit, prior to filing for approval of the final subdivision map, verification of compliance with the Fillmore Building code, relating to smoke detector requirements.

I.

Notice of Approval. Written notices shall be mailed by the city at applicant's expense to all tenant residing in the project within ten days after the approval of any development permit allowing a residential condominium conversion project including conversion of a rental mobile home park to condominium-type ownership. Such notice shall state all of the conditions of approval of the development permit.

J.

Denial of Conversion. It shall be against the public policy set forth in this chapter to attempt to evade its provisions by coercing the waiver of any rights or privileges created or protected herein.

1.

Coercion. The planning commission and city council may deny any proposed conversion where there is substantial or creditable evidence that tenants have been coerced to publicly support or approve a

proposed conversion, or to refrain from publicly opposing it, or to forego any assistance to which they may be entitled.

2.

Waiver of Rights. Any provision of a lease or rental agreement which purports directly or indirectly to waive or require waiver of a tenant's rights under this chapter or which requires prior consent to the conversion of the apartment building, apartment complex, or mobile home park to condominium ownership shall be null, void, and unenforceable.

6.04.0417 - Density, intensity and density bonus provisions.

A.

Purpose. This Section 6.04.0417 ("section") is being enacted:

1.

To provide incentives for the production of housing for very low income, low income, moderate income and senior citizen households;

2.

To provide incentives for the creation of rental housing serving lower and moderate income households;

3.

To provide incentives for the construction of child care facilities serving very low, lower and moderate income households; and

4.

To implement California Government Code Sections 65915, 65915.5, and 65917, as required by subsection 65915(a). In enacting this section, the city also intends to implement the goals, objectives, and policies of the city's general plan housing element to encourage the construction of affordable housing in the city. It is also the city's intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the city desires to provide a density bonus upon the request of an applicant when the applicant is not otherwise required to include affordable or senior citizen restricted units in a project.

B.

Definitions. For purposes of this section, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this section its most reasonable interpretation.

"Affordable housing cost" bears the meaning as defined in Health and Safety Code Section 50052.5.

"Affordable ownership costs" means average annual housing costs, including mortgage payments, property taxes, homeowners' insurance, and homeowners' association dues, if any, which do not exceed the following:

Very low income households: Fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

2.

Lower income households: Seventy percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

3.

Moderate income households: One hundred ten percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five percent.

On an annual basis, the city shall make available copies of the U.S. Department of Housing and Urban Development household income limits applicable to owner-occupied affordable units subject to this section and may determine an inflation factor to establish the affordable ownership cost limits applicable to an affordable unit.

"Affordable rent" bears the same meaning as defined in Health and Safety Code Section 50053.

"Affordable units" are dwelling units which are affordable to very low, lower, or moderate income households as defined by this section or by any federal or state housing program and are subject to rental, sale, or resale provisions to maintain affordability.

"Applicant" means a developer or applicant for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of the ordinance codified in this section pursuant to California Government Code Section 65915(b).

"Area median income" means area median income for Los Angeles County as published by the state of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision.

"Assumed household size based on unit size" means a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional bedroom thereafter.

"Child care facility" means a child day care facility other than a family day care home including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

"City" means the City of Fillmore, California, including the city's successor agency and/or the city's housing authority acting on behalf of the city.

"Common interest development" means any of the following: a community apartment project, a condominium project, a planned development, or a stock cooperative.

"Density bonus" means a density increase over the otherwise allowable zoning maximum gross residential density on a site as of the date of application by the applicant to the city, granted pursuant to this section,

or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

"Density bonus housing agreement" means an agreement governing affordable and density bonus units as a condition of granting any density bonus, as further described in subsection "O" of this section.

"Density bonus units" mean residential units granted pursuant to this section which exceed the otherwise allowable zoning maximum residential density for a housing development.

"Development standard" means any site or construction condition including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a housing development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, or regulation. A "site and construction condition" is a development condition or law that provides a specification for the physical development of a site and buildings on the site in a housing development.

"First approval" means the first of the following approvals to occur with respect to a housing development: Specific plan, development agreement, planned development permit, tentative map, minor land division, use permit, design permit, building permit, or any other development entitlement permit listed in the City of Fillmore Zoning Ordinance.

"Household income" means the combined adjusted gross household income for all adult persons living in a residential unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision.

"Housing development" means one or more groups of projects for residential units in the planned development of the city, including mixed-use developments. "Housing development" also includes a subdivision or common interest development, as defined in California Civil Code Section 4100, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. For purposes of this section, "housing development" does not include projects for less than five dwelling units.

"Incentives and concessions" are regulatory concessions as listed in subsection "J" of this section.

"Lower income household" shall have the same meaning as provided in California Health and Safety Code Section 50079.5.

"Major transit stop" bears the meaning as defined in Public Resources Code Section 21155(b).

"Market-rate unit" means a dwelling unit which is not an affordable unit or an inclusionary unit.

"Maximum residential density" means the maximum number of dwelling units permitted by the City of Fillmore Zoning Ordinance and land use element of the general plan or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general

plan applicable to the project. Where the density allowed under the City of Fillmore Zoning Ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this section.

"Moderate income household" shall have the same meaning as provided in California Health and Safety Code Section 50093.

"Replace" and "replacement" in the context of subsection D means either of the following:

1.

If any dwelling units described in subsection D.1 are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subsection D.1 in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number; or

2.

If all dwelling units described in subsection D.1 have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number.

For purposes of this definition, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

"Senior citizen housing development" means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty-five dwelling units) and California Civil Code Section 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5.

"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 that the application for the housing development was deemed complete. Mere inconsistency with the City of Fillmore Zoning Ordinance or the General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

"Very low income household" shall have the same meaning as provided in California Health and Safety Code Section 50105.

C.

Density Bonuses for Affordable, Senior Citizen and Transitional Housing.

1.

Density Bonuses for Very Low Income, Lower Income, Senior Citizen and Transitional Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of twenty percent over the maximum residential density (except in the case of senior citizen housing, as provided below), provided that the applicant agrees to construct the housing development in accordance with one of the following criteria:

i.

Five percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low income households; or

ii.

Ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to lower income households; or

iii.

Senior citizen housing developments. For senior citizen housing developments, the density bonus shall be twenty percent of the number of senior housing units provided.

iv.

Foster, veteran and homeless housing. For developments providing ten percent of the total dwelling units, excluding any units permitted by the density bonus, for transitional foster youth, as defined in California

Education Code Section 66025.9, disabled veterans, as defined in Government Code Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) the density bonus shall be twenty percent of the number of the transitional units giving rise to a density bonus.

2.

Moderate Income Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of five percent over the maximum residential density if the applicant agrees to construct the housing development in accordance with all of the following criteria:

i.

At least ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate income households; and

ii.

The housing development is a common interest project as defined by California Civil Code Section 1351; and

iii.

All of the dwelling units in the housing development are offered for sale to the public.

3.

Higher Density Bonus for Greater Contribution of Affordable Units. Upon written request to the City, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate income housing units exceeds the base percentage established in subparagraphs i or ii of this subsection, as follows:

i.

Very Low Income Units—For each one percent increase above five percent in affordable units for very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent, as follows:

thirty-fve percent, as follows:
Percentage Very Low Income Units	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5

ii.

Lower Income Units—For each one percent increase above ten percent in affordable units for lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirtyfive percent, as follows:

Percentage Low Income Units	Percentage Density Bonus
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
17	30.5
18	32
19	33.5
20	35

iii.

Moderate Income Ownership Units—For each one percent increase above ten percent in affordable units offered for sale to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent, as follows:

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
---	---
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

4.

Continued Affordability. Affordable units that qualified a housing development for a density bonus shall remain affordable as follows:

i.

Very low income and lower income rental dwelling units shall remain at an affordable rent to the designated income group for a minimum of fifty-five years, or for a longer period of time if required by any construction

or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.

a.

The foster care, veteran and homeless units described in subsection C.1, subparagraph 4, shall be subject to a recorded affordability restriction of fifty-five years and shall be provided at the same affordability level as very low income units.

b.

Replacement units per subsection D of this Section that are rental dwelling units shall be subject to a recorded affordability restriction for at least fifty-five years.

c.

Replacement units per subsection D of this section that are for-sale units, shall be subject to the following subparagraph C.4, subparagraph ii. hereof.

ii.

An applicant shall agree to, and the city shall ensure, that the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus in a common interest development, are persons and families of very low, low, or moderate income and that the units are offered at an affordable housing cost. The city shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity-sharing agreement:

a.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes that promote homeownership as described in California Health and Safety Code Section 33334.2(e) that promote homeownership.

b.

For purposes of this subsection, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

c.

For purposes of this subsection, the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

iii.

The resale price of any owner-occupied affordable unit shall not exceed the affordable ownership costs with the following exceptions: (a) customary closing costs and costs of sale; or (b) costs of real estate commissions paid by the seller if a licensed real estate salesperson is employed; or (c) consideration of permanent capital improvements installed by the seller.

iv.

These provisions for continued affordability shall be a provision of the density bonus housing agreement required by subsection O hereof.

5.

Specification of Basis for Density Bonus. Each applicant who requests a density bonus pursuant to this section, shall elect whether the bonus will be awarded on the basis of subparagraph C.1(i), C.1(ii), C.1(iii), C.1(iv) or subsection C.2 of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development. Density bonuses from more than one of these categories may not be combined.

D.

Density Bonuses and Replacement Affordable Housing Requirements.

1.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are, or if the dwelling units have been vacated or demolished in the five-year period preceding the application have been, subject to a recorded covenant, ordinance, or law that restricts rents to affordable rent levels; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

i.

The proposed housing development (inclusive of the units replaced pursuant to this section) contains affordable units at, at least, the percentages set forth in subsection C.1 of this section; or

ii.

Each unit in the development (exclusive of a manager's unit or units) is affordable to, and occupied by, either a lower or very low income household.

iii.

Nothing in this section shall apply to an applicant seeking a density bonus for a proposed housing development if the application was submitted to, or processed by, a city before January 1, 2015.

2.

If all pre-existing dwelling units described in subsection D.1 of this section have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall replace at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number.

E.

Additional Density Bonus for Donations of Land.

1.

Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development approval qualified for a density bonus pursuant to subsection C of this section also donates land to the city in accordance with this section, the applicant shall be entitled to an additional density bonus. Applicants donating land to the city shall be eligible for an additional fifteen percent density bonus at the site of the housing development if the donated land is suitable for the construction of very low income units equaling at least ten percent of the market-rate units being constructed for the project. The density bonus provided pursuant to this section shall be in addition to any density bonus granted pursuant to subsection C, up to a maximum combined density bonus of thirty-five percent.

2.

To qualify for the additional density bonus described in subsection E.1 of this section, the donation of land must meet all of the following criteria:

i.

The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to subsection C of this section; and

ii.

The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and

iii.

The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low income households in an amount not less than ten

percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and

iv.

The donated land is at least one acre in size or is large enough to permit development of at least forty units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and

v.

No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the city may subject the proposed housing development to subsequent design review to the extent authorized by California Government Code Section 65583.2 subsection (i) if the design is not reviewed by the city prior to the time of transfer; and

vi.

The donated land is subject to a deed restriction ensuring continued affordability of the very low income units consistent with subsection C.4 of this section, which deed restriction shall be recorded upon the donated property at the time of its transfer; and

vii.

The land will be transferred to the city or to a housing developer approved by the city. The city reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and

viii.

The land is within the boundary of the proposed housing development or within one-quarter mile of the boundary of the proposed housing development; and

ix.

No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low income units shall be identified.

3.

Additional Density Bonus Based on Greater Suitability of Land for Very Low Income Housing. For each one percent increase above the minimum ten percent in the number of very low income housing units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent, up to a maximum of thirty-five percent, as follows:

Percentage of Very Low Income Units That Can Be Accommodated on Donated Land	Percentage of Additional Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Density Bonus and Incentives for Condominium Conversions.

1.

An applicant for a conversion of existing rental apartments to condominiums is eligible for either a density bonus or other incentives of equivalent financial value, at the option of the city, if the applicant agrees to provide:

At least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Health and Safety Code Section 50093; or

ii

At least fifteen percent of the total units of the proposed condominium project to lower income households as defined in Health and Safety Code Section 50079.5; and

iii.

The applicant agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this subsection.

2.

Condominium conversions qualified under subsection F.1 may receive one of the following, at the City's option:

i.

A flat density bonus of twenty-five percent to be provided within the existing structure or structures proposed for conversion, excepting that a condominium conversion is ineligible for this bonus if the apartments to be converted originally received a density bonus or incentives pursuant to any other provisions of this section or pursuant to California Government Code Section 65915. Qualified applicants may choose to implement a lower density bonus.

ii.

Incentives of equivalent financial value in the form of a reduction or waiver of requirements or fees which the city might otherwise apply as conditions of conversion approval. "Other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation to the condominium conversion project or its applicant.

3.

The city reserves the right to place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value pursuant to this section as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

4.

2.

When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number.

3.

For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located.

4.

For the purposes of this section, the term "total units" or "total dwelling units" in a housing development does not include those units added by any density bonus.

5.

Regardless of the number or extent of affordable units, senior housing, land dedication, child care facilities or other qualifications for a density bonus provided in any single housing development, no housing development may be entitled to a total density bonus of more than thirty-five percent.

TABLE 1: Density Bonus Summary

Types of Afordable	Minimum %	Bonus	Additional Bonus for	% Afordable Units
Units Providing		Granted	Each 1% Increase in	Required for
Eligibility for a			Afordable Units	Maximum 35%
Density Bonus				Bonus
A density bonus may be selected from only one category, except that bonuses for land donation may be
combined with others,	up to a maximum of 35%, and an additional sq. ft. bonus may be granted for a
child care facility.
Afordable Housing
- Very low income	5%	20%	2.5%	11%
Afordable Housing
---	---	---	---	---
- Very low income	5%	20%	2.5%	11%
- Lower income	10%	20%	1.5%	20%
- Moderate income	10%	5%	1%	40%
(ownership units only)
Senior citizen	Qualifed senior	20% of	—	—
housing	citizen housing	the senior
	development	citizen
		housing units
---	---	---	---	---
Foster, Veteran and Homeless Housing	10%	20%	—	—
Land donation for very low income housing	Land donated can accommodate 10% of market rate units, plus housing development qualifes for density bonus as an afordable or senior project.	15%	1%	30% of market-rate units (assuming housing development provides 5% very low income units)
Condominium Conversion
- Lower income	15%	25%(1)	—	—
- Low/Mod income	33%	25%(1)	—	—
Child care facility	Housing development qualifes for density bonus as an afordable or senior project.	Sq. ft. in child care facility(1)	—	—

Notes:

(1) Maximum of 25% bonus for condominium conversions, or an incentive of equal value, at the city's option.

Incentives and Concessions.

1.

Definition of a Qualified Concession or Incentive. An applicant for a density bonus pursuant to subsection C of this section may also submit to the city a written proposal for specific incentives or concessions as provided in this section. The applicant may also request a meeting with the city manager or designee to discuss such proposal. For purposes of this section, concessions and incentives include any of the following:

Reductions in site development standards or modifications of zoning requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These include, without limitation, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. In order to qualify as a "concession or incentive," the city must be able to find, based on substantial evidence, that the requested reductions in site development standards result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection C.4 of this section; or

ii.

Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located; or

iii.

Other regulatory incentives or concessions proposed by the applicant or the city, so long as the city can find, based on substantial evidence, that such proposals result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection C.4 of this section.

2.

Findings to Deny Concession or Incentive. The City shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:

i.

The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for affordable rents for the targeted units to be set as specified in subsection C.4 of this section; or

ii.

The concession or incentive would have a specific adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households; or

iii.

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

3.

Number of Concessions or Incentives. If all other provisions of this subsection J are satisfied, an applicant will be eligible for the following number of incentives and concessions:

i.

One incentive or concession for housing developments where at least five percent of the total units are for very low income households, at least ten percent of the total units are for lower income households, or at least ten percent of the total units in a common interest development are sold to moderate income households;

ii.

Two incentives or concessions for housing developments where at least ten percent of the total units are for very low income households, at least twenty percent of the total units are for lower income households, or at least twenty percent of the total units in a common interest development are sold to moderate income households; or

iii.

Three incentives or concessions for housing developments where at least fifteen percent of the total units are for very low income households, at least thirty percent of the total units are for lower income households, or at least thirty percent of the total units in a common interest development are sold to moderate income households.

TABLE 2: Incentives and Concessions Summary

TABLE 2: Incentives and Concessions Summary	TABLE 2: Incentives and Concessions Summary	TABLE 2: Incentives and Concessions Summary	TABLE 2: Incentives and Concessions Summary
Afordable units or Category	% of Afordable units
Pursuant to State Density Bonus
AFFORDABLE HOUSING
- Very low income	5%	10%	15%
- Lower income	10%	20%	30%
- Moderate income (ownership units only)	10%	20%	30%
Child Care Facility	(1)
Maximum Incentive(s)/Concession(s)(1)(2)(3)	1	2	3

;adv=1;Notes:

(1) An incentive or concession may be requested only if an application is also made for a density bonus.

(2) Incentives or concessions may be selected from only one category (very low, lower, or moderate).

(3) No incentives or concessions are available for land donation.

4.

This subsection J does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this subsection require the city to grant an incentive or concession found to have a specific adverse impact.

5.

The granting of a concession or incentive shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this section, "study" does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the proposal meets the definition of an "incentive or concession." Except as provided in subsections J.3 and K.1, the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

K.

Waivers and Modifications of Development Standards.

1.

Applicants granted a density bonus pursuant to subsection C of this section may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this section. The applicant may also request a meeting with the city to discuss such request for waivers and modifications.

2.

To obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of physically precluding the construction of a housing development meeting the criteria of subsection C.1 and C.2 of this section at the densities or with the concessions or incentives permitted by this section.

3.

A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection J.

4.

The city may deny a request for any waiver, modification or reduction of development standards if the wavier, modification or reduction would have a specific adverse impact and there be no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

Parking incentives.

1.

Except as provided in subsections L.2 and L.3 hereinbelow, upon the written request of the applicant for a housing development meeting the criteria for a density bonus under subsection C, the city shall not require a vehicular parking ratio that exceeds the following:

i.

Zero to one-bedroom units: One on-site parking space.

ii.

Two to three-bedroom units: Two on-site parking spaces.

iii.

Four and more bedroom units: Two and one-half parking spaces.

2.

Notwithstanding subsection L.1 above, if a development includes the maximum percentage of low-income or very low income units provided for in subsections C.1 and C.2 of this section, and is located within onehalf mile of a major transit stop and there is unobstructed access to the major transit stop from the

development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio that exceeds one-half spaces per bedroom. For purposes of this subsection L, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

3.

Notwithstanding subsection L.1 above, if a development consists solely of rental units, exclusive of manager units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose a vehicular parking ratio that exceeds the following ratios:

i.

If the development is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed one-half space per unit.

ii.

If the development is a for-rent housing development for individuals who are sixty-two years of age or older that complies with Civil Code Sections 51.2 and 51.3, the ratio shall not exceed one-half space per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

iii.

If the development is a special needs housing development, as defined in Health and Safety Code Section 51312, the ratio shall not exceed three-tenths space per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

4.

Notwithstanding subsections L.2 and L.3 above, if the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years prior to any density bonus application, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in subsection L.1, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city shall bear the costs of any such study. The city shall make findings, based on the parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

5.

Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. This section shall apply to a development that meets the requirements of subsection C of this section, but only at the request of the applicant.

M.

Standards for Density Bonus Housing Developments.

1.

Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market-rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of the City of Fillmore Zoning Ordinance.

2.

For developments with multiple market-rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market-rate unit mix.

3.

All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units.

N. Application Requirements.

P.

Administrative Fee. An administrative fee shall be charged to the applicant for city review of all materials submitted in accordance with this section and for on-going enforcement of the provisions of this section. The fee amount shall be established by city council resolution. Fees will be charged for staff time and materials associated with the following activities: development review process, agreement drafting, project marketing and lease-up, and estimated city-incurred costs of monitoring long-term compliance of the affordable units.

Q.

Violations of Affordable Housing Requirements. In the event it is determined that rents in excess of those allowed by operation of this section have been charged to a tenant residing in a rental affordable unit, the city may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the city in the event the tenant cannot be located), any excess rent charges.

le Housing Requirements. In the event it is determined that rents in excess of those allowed by operation of this section have been charged to a tenant residing in a rental affordable unit, the city may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the city in the event the tenant cannot be located), any excess rent charges.

In the event it is determined that a sales price in excess of that allowed by operation of this section has been charged to a household purchasing an owner-occupied affordable unit, the city may take the appropriate legal action to recover, and the affordable unit seller shall be obligated to pay to the purchaser (or to the city in the event the purchaser cannot be located), any excess sales costs.

Nothing in this subsection Q limits or waives any other remedies the city may have available to it in law or equity.

R.

Other Density Calculations; General Plan Consistency. The density/intensity limitations established in the land use element of the general plan apply to all parcels, respectively, except as otherwise specifically provided in this section.

S.

Effects of State Law. This section implements the laws for density bonuses and other incentive and concessions available to qualified applicants under Government Code Sections 65915 through 65918. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this section as if fully set forth herein. Should any inconsistencies exist between the amended state law and the provisions set forth in this section, the amended state law shall prevail. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).

(Ord. No. 17-882, § 4, 12-12-2017)

6.04.0420 - Applicable regulations. ¶

All uses shall be subject to the applicable regulations of this ordinance, including provisions located in the following sections:

Section 6.04.70 Conditional use permits.
Section 6.04.66 Development permits.
Section 6.04.54 Home occupation permits.
Section 6.04.28 Landscaping standards.
Section 6.04.68 Minor conditional use permits.
Section 6.04.60 Minor modifications.
Section 6.04.62 Minor variances.
Section 6.04.32 Off-street loading standards.
Section 6.04.34 Off-street parking standards
Section 6.04.38 Sign standards.
Section 6.04.58 Temporary use permits.
Section 6.04.64 Variances.

6.04.06 - Commercial zones.

6.04.0601 - Purpose.

1.

The purpose of this section is to achieve the following:

A.

Provide appropriate commercial areas for retail and service establishments, neighborhood convenience and office uses required by residents of the city in a manner consistent with the general plan;

B.

Provide adequate space to meet the needs of commercial development, including off-street parking and loading;

C.

Minimize traffic/parking congestion and avoid the overloading of utilities;

D.

Protect commercial areas from excessive illumination, noise, odor, smoke, unsightliness, and other objectionable influences;

E.

Promote high standards of site planning, architecture and landscape design through the application of development standards for commercial projects within the city;

F.

Provide employment opportunities for existing and future residents of the city and those of adjacent communities;

G.

Provide for commercial land uses (i.e., new car dealerships) which serve the needs of and attract a community-wide/regional/tourist-oriented population, in addition to local residents;

H.

Provide for the development of congregate housing facilities in the downtown area to assist in addressing the needs of senior citizens and low income individuals; and

I.

Ensure compatibility with adjacent land uses.

The purpose of the individual commercial zoning districts is as follows:

A.

CN (Commercial Neighborhood) Zone. This zoning district is intended to provide for neighborhood retail and service-oriented business activities serving a localized need under development standards which ensure compatibility and harmony with adjoining residential neighborhoods.

B.

CBD (Central Business District) Zone. The Central Business District Zone implements the downtown specific plan which interprets the general plan for this area of the city. The downtown specific plan has been adopted to support and augment the standards for this zoning district.

This zoning district is intended to be used primarily as a retail business center with a special emphasis on tourism, due to the unique qualities present in the CBD, that set it apart from all other commercial areas in the city. In this zone, commercial establishments are to be located to serve the residents of the city, as well as visitors to the area. The priority of this zone is the establishment and support of street-level retail commercial uses that will help ensure a lively pedestrian-oriented commercial district.

C.

CO (Commercial Office) Zone. This zoning district is generally intended to provide for administrative/professional office, financial and limited retail activities (limited retail on Sespe Avenue only) serving a community-wide need under development standards which ensure compatibility and harmony with adjoining residential neighborhoods.

The CO zoning district along both sides of Sespe Avenue, west of Central Avenue (Sespe Avenue area) would allow limited retail activities and generally appear as a typical professional office district, while the CO zoning district along both sides of Central Avenue from Kensington Drive to First Street (North Central Avenue Area) would retain a residential character. The North Central Avenue Area would only allow professional office uses, residential uses (in compliance with the RPD-L development standards) or both professional office and residential uses on the same parcel while retaining a residential appearance, character and scale. The development standards will vary between the areas to ensure that the North Central Avenue Area will retain a residential appearance (i.e., off-street parking areas would be prohibited in the front and street side yards, new construction would have a residential appearance, signs would be limited, etc. [refer to Subsection 6.04.0615(3.E) "CO" Standards]).

D.

CH (Commercial Highway) Zone. This zoning district is intended to provide for professional office, retail, service- and tourist-oriented business activities located on/adjacent to State Highway 126, serving a community-wide/regional need under development standards which ensure compatibility and harmony with adjoining neighborhoods.

6.04.0605 - Permitted uses. ¶

Any use designated as "Permitted" (P) by the following list shall comply with the provisions of this ordinance. Any permitted use which will occupy an existing structure (with no exterior structural alteration/enlargement) shall comply with the operational standards contained in this section for each zone (not business type). Additionally, any permitted use which will occupy an existing structure that is to be altered, enlarged, or requires construction of a new structure(s) shall require the approval of a development permit in compliance with section 6.04.66 and shall comply with the operational standards contained in Article III (general regulations).

(Ord. No. 18-897, § 3, 12-11-2018)

6.04.0610 - Permitted, Development Permitted and Conditionally Permitted Uses. ¶

The following list represents those primary uses in the commercial zoning districts which are Permitted (P), subject to a Development Permit (D) or a Conditional Use Permit (C):

LAND USE ACTIVITY	LAND USE ACTIVITY	CN	CBD 1	CO	CH
A. Administrative and Professional Ofces
	Establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice (i.e., accounting, medicine or engineering)	—	P2	P	D
B. Automotive Related Uses
	Commercial establishments which provide parts, repair, sales and service for autos, light/ medium trucks/vans and RV's. Examples of allowable land use activities include, but are not limited to, the following:
	1. Auto Parts Sales—No Installations	—	C	—	P
	2. Auto Parts Sales—With Installations	—	C2	—	C
	3. Auto Service/Repair—Major (i.e., Bodywork, Engine and Drive Train, Painting & Misc. Work)	—	C2	—	C
	4. Auto Service/Repair—Minor (i.e., Lube-N-Tune, Window Tinting)	—	C2	—	D
	5. Automobile (Car, RV and Truck) Sales	—	C	—	D
	6. Car Washes	—	—	—	C
	7. Fuel/Service Stations	—	—	—	C
	8. Vehicle Impound Yards	—	—	—	C
	9. Vehicle Leasing/Rental	—	C	—	P
C. Boarding and Lodging Facilities (Revised per Ord. 03-774 Adopted January 13, 2004)
	Commercial establishments which provide boarding and lodging facilities. Examples of allowable land use activities include, but are not limited to, the following:
	1. Bed & Breakfast Inns	—	P	C	C
---	---	---	---	---	---
	2. Congregate Housing Facilities	—	C	—	—
	3. Hotels/Motels and associated Conference Facilities	—	P	—	D
	4. Farmworker Congregate Housing	—	C	—	—
D. Eating/Drinking Establishments (Revised May 28, 1996 per Ord. 96-715)
	Commercial establishments which serve prepared food or beverages for consumption on or of the premises. Examples of allowable land use activities include, but are not limited to, the following:
	1. Delicatessen/Sandwich Shop	P	P	—	P
	2. Night Clubs/Bars/Lounges	—	C	—	—
	3. Restaurants—No Drive-Thrus	—	P	D	D
	4. Restaurants—With Drive-Thrus	—	—	—	C
	5. Restaurants—Serving Alcoholic Beverages	—	C	C	C
	6. Restaurants—Outdoor dining on private property	—	P	—	C
	7. Restaurants—Outdoor dining within the public right-of-way (parking spaces)	—	C	—	—
E. Entertainment/Recreation Establishments
	Commercial establishments which provide participant/spectator amusement, entertainment or sport, primarily for fnancial gain. Examples of allowable and use activities include, but are not limited to, the following:
	1. Auditoriums, Convention Halls and Theaters	—	C	—	C
	2. Horse drawn carriages, other non-motorized conveyances	—	D	—	—
	3. Miscellaneous Indoor Establishments	—	D	—	D
	4. Miscellaneous Outdoor Establishments	—	D2	—	D
	5. Museums	—	P	—	P
	6. Tourist-Oriented Establishments	—	D	—	D
F. Financial
	Commercial establishments which engage in monetary transactions not directly related to the sale of a product/service (i.e., banks, savings and loans, etc.)	—	P	P3	P
G. Medical/Care Facilities
	Commercial establishments which provide needed services of a medical/care nature. Examples of allowable land use activities include, but are not limited to, the following:
	1. Blood Banks	—	D2	P	P
---	---	---	---	---	---
	2. Child Day Care (up to 6 children)	—	P2	P	P
	3. Child Day Care (7 or more children)	—	C2	D	D
	4. Emergency Shelters	P	P	P	P
	5. Hospitals/Surgery/Health Clinics	—	D2	P	D
	6. Outpatient—Treatment Programs	—	—	P	D
	7. Residential Care Facilities	—	D2	P	D
H. Mixed Use Developments
	Commercial and/or residential developments which provide	C	D2	D3	D
	ofce/retail/service establishments and/or residential opportunities
I. Personal Service
	Commercial establishments which provide needed services of a personal
---	---	---	---	---	---
	nature. Examples of allowable land use activities include, but are not limited
	to, the following:
	1. Barber/Beauty/Nail Shops	—	P2	P4	D
	2. Dance School/Karate Studio	—	D2	P4	D
	3. Dry Cleaners	—	C2	P4	D
	4. Health/Athletic Clubs	—	D2	P4	C
	5. Laundromat (Retail only)	—	P2	P4	C
J. Retail Commercial
	Comercial establishments which sellmerchandise generally needed/desired by
	the residents, employees and visitors of/to the community. Examples of
	allowable land use activities include, but are not limited to, the following:
	1. Art Galleries and Studios	—	P	—	D
	Comercial establishments which sellmerchandise generally needed/desired by
---	---	---	---	---	---
	the residents, employees and visitors of/to the community. Examples of
	allowable land use activities include, but are not limited to, the following:
	1. Art Galleries and Studios	—	P	—	D
	2. Convenience Stores (i.e., corner market)	C	P	P4	C
	3. Drug Stores	—	P	P4	C
	4. Flower/Gift Shops	—	P	P4	P
	5. General Merchandise (i.e., Apparel, Supermarkets, etc.)	—	P	—	D
	6. Home Improvements with Outdoor Display of Lumber, Garden & Nursery	—	C	—	C
	Items
	7. Liquor Stores	—	C-	—	C
	8. Mobile Home Sales	—	—	—	C
	9. Nurseries/Garden Supplies	—	C	—	D
---	---	---	---	---	---
	10. Ofce Supplies/Equipment	—	P	P4	D
	11. Specialty Food Stores (No Alcohol Sales)	—	P	—	P
	12. Thrift Stores	—	P	P4	P
	13. Tourist-Oriented Retail Stores	—	P	—	P
K. Service Commercial
	9. Nurseries/Garden Supplies	—	C	—	D
---	---	---	---	---	---
	10. Ofce Supplies/Equipment	—	P	P4	D
	11. Specialty Food Stores (No Alcohol Sales)	—	P	—	P
	12. Thrift Stores	—	P	P4	P
	13. Tourist-Oriented Retail Stores	—	P	—	P
K. Service Commercial
	Commercial establishments which provide business, repair and miscellaneous services. Examples of allowable land use activities include, but are not limited to, the following:
	1. Catering Establishments	—	P2	P	P
	2. Cleaning/Janitorial	—	P2	P	P
	3. Copy Center/Postal Service Centers and Blueprinting	—	P	P	P

LAND USE ACTIVITY	LAND USE ACTIVITY	CN	CBD 1	CO	CH
	4. Equipment Rental/Sales/Service Yards	—	—	—	D
	5. Interior Design Shops	—	P	P	P
	6. Laboratories (i.e., Film, Medical and Dental, "R & D," etc.)	—	—	D	D
	7. Misc. Repairs/Services (Indoors Only)	—	P	P4	D
	8. Printing/Publishing Facilities	—	P	P	P
	9. Recycling Facilities	—	—	—	D
	10. Recycling Facilities (Reverse Vending Only)	P	P2	P	P
	11. Veterinary Services/Hospitals	—	C2	D	C
	12. Welding/Repair and Related Uses	—	—	—	C
L. Other
	1. Antennae/Satellite Dish	D	D2	D	P
	2. Artists Live/Work Studios (Only on the ground foor)	—	P	P3	—
	3. Bus Terminals or Train Depot	—	C	—	—
	4. Cable Service Companies	—	P2	P	P
	5. Clubs, Lodges and Meeting Halls	—	D2	P	P
	6. Density Bonus	—	D	—	—
	7. Drive-Thru Establishments	—	—	D	C
	8. Funeral Parlors/Mortuaries	—	P2	D	D
	9. Handicraft-type Industries less than 5,000 sq. ft. (i.e., saddles, sculptures, stained glass, etc.)	—	P	—	P
---	---	---	---	---	---
	10. Handicraft-type Industries more than 5,000 sq. ft.	—	D	—	D
	11. Multi-Family Residential	—	D2	—	—
	12. Newspaper/Magazine Racks	D	D	D	D
	13. Parking Lots/Structures	D	D2	D	D
	14. Parks and Playgrounds	—	D	—	—
	15. Police/Fire Protection	—	D	D	C
	16. Private Schools	—	D2	D4	D
	17. Public/Quasi Public Uses (i.e., City Hall, Library, Post Ofce)	—	D	D	—
	18. Radio Broadcasting	—	D2	D4	—
	19. Religious Facilities	—	D2	P	C
	20. Single-Family Residential (only one)	—	P2	P3	—
	21. Single-Family Residential (2 or more)	—	D2	—	—
	22. Spiritual Consultants	—	D2	—	—
	23. Swap Meets	—	D2	D4	C
	24. Temporary Ofces	C	C2	C	C
	25. Temporary Uses (Subject to (T) Temporary Use Permit)	T	T	T	T
	26. Trade/Tech Schools	—	D2	D4	C
	27. Truck Stops/Repair	—	—	—	C
	28. Two-Family Residential	—	D2	—	—
Other similar uses which the Director fnds to ft within the purpose/intent of the zoning districts, in compliance with Subsection 6.04.0225(3).

Other similar uses which the Director finds to fit within the purpose/intent of the zoning districts, in compliance with Subsection 6.04.0225(3).

1 All uses in the CBD are subject to the CBD development standards in Subsection 6.04.0615(3.D).

2 Use/activity not allowed in the front ⅓ of the ground floor for structures fronting on streets in the "core area," as identified by Figure 1.6 on page 1:7 of the Downtown Specific Plan, in compliance with the CBD Development Standards in Subsection 6.04.0615(3.D).

3 Refer to Subsection 6.04.0615(3.E) (CO Development Standards).

4 Allowable use only on properties fronting on Sespe Avenue or Orchard Street.

(Ord. No. 18-892, § 4, 8-14-2018; Ord. No. 18-896, § 6, 12-11-2018; Ord. No. 19-901, § 3, 3-26-2019)

6.04.0615 - Zoning District Development Standards.

1.

General Standards.

A.

The following standards are minimum unless stated as maximum by this ordinance. All setbacks shall be measured from the property line.

Any variation from these standards shall require the approval of a development permit in compliance with Section 6.04.66 and consistency with any adopted guidelines for the subject neighborhood/zoning district or a minor variance/variance in compliance with Sections 6.04.60 or 6.04.64.

Zoning District Development Standards

STANDARD	CN	CBD	CO	CH
Lot Area (Sq. Ft.)	5,000	7,000	7,000	20,000
Lot Frontage (Feet)	50	50	50	100
Front Setback, Minimum (Feet)	5	01	0	10
Front Setback, Maximum (Feet)	15	01	202	N/A
Rear Setback (Feet)	25	01	252	20
Side Setback3(Each)	10	01	0	10
Side Setback (Street Side), Minimum (Feet)	5	01	0	0
Structural Parcel Coverage (Maximum)	60%	100%	60%	50%
Structure Height (Maximum)	35 ft. 2 sts.	35 ft. 2 sts.	35 ft. 2 sts.	35 ft. 2 sts.

;ad=1p;[1 ] See CBD Development Standards for special requirements and exemptions. Shall also meet minimum standards of the Uniform Building Code.

2 The standards outlined in this chart under the CO zoning district are for the Sespe Avenue CO District. For property in the North Central Avenue CO District, the Sespe Avenue CO District standards shall apply, with the following exceptions:

the following exceptions:
Front Setback Minimum (Ft.)	10
Rear Setback, Main Structure (Ft.)	25
Rear Setback, Accessory Structure (Ft.)	5
---	---
Side Setback (Each)	5 (Single Story)
	10 (Two-Story/Both Stories)
Side Setback (Street Side) Minimum (Ft.)	5
Side Setback (Street Side) Maximum (Ft.)	10

3 Only required when adjoining a residential zoning district/use.

B.

Commercial Zone Standards. The following general standards shall apply to all commercial activities except as otherwise provided for in this Ordinance:

(1)

All uses shall generally be conducted within a completely enclosed structure. Limited outside uses (i.e., patio dining areas, garden sales and other uses deemed acceptable) may be approved with a development permit. In addition, limited outdoor displays or sales of merchandise shall be permitted in compliance with the following standards:

(a)

The outdoor display/sale of merchandise shall be limited to 6 times per year for periods not exceeding two consecutive days each;

(b)

No display shall be placed in a manner that will effect normal pedestrian or vehicular traffic flow; and

(c)

When an outdoor display occupies space on a public sidewalk, only the area immediately in front of the responsible business may be used, and the sidewalk shall be kept clear for a minimum width of four feet.

(2)

There shall generally be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; tents; equipment; or building materials on any portion of a parcel. The storage of rubbish, garbage, or junk is prohibited on any portion of a parcel. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction;

(3)

All residential development (i.e., congregate housing and multi-family units) shall comply with the general, specific, and property development standards contained in Section 6.04.04 (Residential zones);

(4)

All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting parcel, or any public rights-of-way. This shall be accomplished through the extension of the main structure or roof or screened in a manner which is architecturally integrated with the main structure; and

(5)

The exterior elevations of all structures shall be architecturally treated to ensure compatibility with all neighboring structures and the established character of the city.

2.

Zone Specific Standards (Revised February 18, 2004 per Ord 03-774). In addition to the general development requirements contained in Article III (General Regulations), the following table identifies specific standards which apply to individual commercial zoning districts:

SPECIFIC STANDARDS*

SPECIFIC STANDARDS	CN	CBD	CO	CH
A. Alcohol Beverage Control License	Y	Y	N	Y
B. Automobile Sales	N	N	N	Y
C. Automotive Service Centers/Automotive Repair Specialty Shops	N	N	N	Y
D. Bonus Height	N	Y	N	Y
E. "CBD" Standards	N	Y	N	N
F. "CO" Standards	N	N	Y	N
G. Congregate Housing Facilities	N	Y	N	N
H. Convenience Stores	Y	Y	N	Y
I. Density Bonus (Residential Only)	N	Y	N	N
J. Drive-Thru Establishments	N	N	N	Y
K. Recycling Facilities	Y	Y	N	Y
L. Service Stations	N	N	N	Y
M. Service Station Conversions	N	N	N	Y
N. Shopping Centers	N	N	N	Y
O. Farmworker Congregate Housing	N	Y	N	N
P. Emergency Shelters	Y	Y	Y	Y

*Key: "Y" applies and "N" does not apply in the zoning district

3.

Land Use District Specific Standards. In addition to the general development requirements contained in Article III (General Regulations) the following standards shall apply to specific commercial land use activities:

A.

Alcohol Beverage Control "ABC" License (Revised per Ord. 97-720). A business or establishment requiring the issuance of an "ABC" license is subject to the approval of a conditional use permit, and shall comply with the following standards, in addition to any conditions imposed by the commission:

(1)

The structure subject to the "ABC" license shall not be occupied by an adult entertainment business.

(2)

The conditional use permit application shall be reviewed by the police department prior to commission approval.

(3)

The structure subject to the "ABC" license shall not have more than five percent of the retail floor area of the structure utilized for the sale of alcoholic beverages.

(4)

In addition to the above conditions, a business or establishment within the CBD zoning district requiring the issuance of an "ABC" license, the structure subject to the "ABC" license shall not be:

(a)

Located within one thousand feet of another structure/use with a valid "ABC" license (except a restaurant);

(b)

Located within five hundred feet of any public park, religious institution or school within the city (except a restaurant); or

(c)

Located within two hundred feet of any property designated for residential use or used for residential purposes, including mixed use residential developments (except a restaurant); and

(5)

The distance between any structure subject to an "ABC" license and another structure with an "ABC" license, public park, religious institution or school or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of another structure with an "ABC" license, public park, religious institution or school or any property designated for residential use or used for residential purposes.

B.

Automobile Sales. Automobile sales dealerships (including all light/medium duty licensed motor vehicles, new and/or used) are permitted in the CH zoning district, and subject to the approval of a conditional use permit in the CBD zoning district. All automobile sales uses shall conform with the purpose/intent of this ordinance, shall enhance and promote the image of the city, and shall be developed/operated in the following manner:

(1)

The minimum site area for a new dealership shall be fifteen thousand square feet;

(2)

All vehicles stored (not for display) outdoors shall be screened from public view with a combination of landscaping, trellises and walls as appropriate;

(3)

All parts, accessories, etc., shall be stored within a fully enclosed structure;

(4)

Service and associated car storage areas shall be completely screened from public view;

(5)

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way;

(6)

All landscaping shall be installed and permanently maintained in compliance with Section 6.04.28 (Landscaping standards);

(7)

All on-site signs shall comply with the provisions of Section 6.04.38 (Sign standards);

(8)

All loading and unloading of vehicles shall occur on-site where feasible and not in adjoining public rightsof-way;

(9)

All vehicles associated with the business shall be displayed, parked or stored on-site on paved surfaces only and not in adjoining streets or alleys;

(10)

An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces;

(11)

No vehicle repair or service work shall occur outside of a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way; and

(12)

Off-street parking requirements shall be established during project review to adequately accommodate all on-site uses including showroom, office, parts and service areas, as well as employee and customer parking.

C.

Automotive Service Centers/Automotive Repair Specialty Shops. Automotive (light/medium duty licensed motor vehicle) parts, repair and service centers/facilities are allowable in the CH zoning district, subject to the approval of a conditional use permit (major) or development permit (minor) and in the CBD zoning district are subject to the approval of a conditional use permit (major and minor). Automotive service and repair facilities shall be developed/operated in the following manner:

(1)

The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in a dirt or otherwise not fully improved area;

(2)

All stored (for more than five consecutive days), damaged or wrecked vehicles shall be completely screened so as not to be visible from adjoining properties or public rights-of-way;

(3)

Service access shall be located at the rear or side of structure(s) and as far as possible from adjoining residential uses;

(4)

Repair/service activities and vehicle loading and unloading shall only occur on-site and not in adjoining streets or alleys;

(5)

Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way;

(6)

All repair/service activities and operations shall be conducted entirely within an enclosed structure. Outdoor hoists shall be prohibited;

(7)

All repair facilities shall maintain closed windows when performing body and fender work, hammering, sanding or other noise-generating activity. Exterior noise shall be in compliance with Subsection 6.04.1805(14) (Noise attenuation);

(8)

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way;

(9)

All landscaping shall be installed and permanently maintained in compliance with Section 6.04.28 (Landscaping standards);

(10)

All on-site signs shall comply with the provisions of Section 6.04.38 (Sign standards);

(11)

All on-site parking shall comply with the provisions of Section 6.04.34 (Off-street parking standards). A specific parking plan shall be developed as part of the permit review process;

(12)

No work shall be performed on vehicles between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday; or until 8:00 a.m. on Sundays;

(13)

The premises shall be kept in a neat and orderly condition at all times;

(14)

All discarded automotive parts or equipment or permanently disabled, junked or dismantled vehicles shall be removed from the premises in a timely manner; and

(15)

All hazardous materials resulting from the repair/service operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution,

and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable local, state, and federal regulations.

(g)

If an addition of twenty-five percent or more is to be added to an existing structure with an associated onsite parking lot in the front yard, the build-to-line requirement may be waived by the director if the parking lot is screened by a decorative fence or wall along the front property or right-of-way.

(4)

Use of Ground Floor for Retail Commercial Businesses.

(a)

In order to maintain an active pedestrian environment, only retail commercial businesses shall be allowed within the front ⅓ of the ground floor for structures fronting on streets in the "core area" (Figure 1.6 on page 1:7 of the Downtown Specific Plan).

No food preparation or service facilities shall be located in the outdoor dining area;

(i)

The public right-of-way where outdoor dining areas are located shall be cleaned of all trash, spills and debris at the end of each day; and

(j)

Proof of the availability of adequate storage area for the outdoor dining equipment shall be provided prior to the issuance of the temporary use permit.

(10)

Standards For Miscellaneous Uses.

(a)

Interior design shops shall provide retail sales and display of housewares on the premises in a prominent location accessible and visible to the public.

(b)

Handicraft-type businesses (i.e., saddlery, stained glass, sculpture) shall provide retail sales and crafting on the premises in a prominent location accessible and visible to the public.

(c)

Nightclubs, bars and cocktail lounges, including dance floors are allowed provided that residential use is not located on the same floor or the floor immediately above.

(d)

Thrift stores or sale of second-hand goods are allowed provided that only one use of this type may be located on each side of a city block.

E.

"CO" Standards. All parcels fronting on both sides of Central Avenue from Kensington Drive to First Street "NCAA" (North Central Avenue Area) shall comply with the following standards:

(1)

All construction/development (except civic or public structures) shall maintain a residential appearance, character and scale;

(2)

Residential land uses are allowable in compliance with the RPD-L development standards;

(3)

Individual land uses (i.e., residential or professional office uses) or mixed land uses (i.e., residential and professional office uses) are allowable in compliance with their respective development standards;

(4)

Drive-thru facilities are not allowable; and

(5)

Off-street parking may only be situated at the rear of the structure, with access from an alley if available, and not in front or street side yards.

F.

Congregate Housing Facilities Standards. Standards governing Congregate Housing facilities are outlined in Section 6.04.22.

G.

Convenience Stores. The retail sales of groceries, staples and sundry items within structures of less than five thousand square feet of gross floor area is permitted in the CBD zoning district and is subject to the approval of a Conditional Use Permit in the CN and CH zoning districts. All convenience stores shall be developed/operated in the following manner:

(1)

The minimum site area for a new convenience store in the CN and CBD zoning districts shall be seven thousand square feet and in the CH zoning district it shall be ten thousand square feet;

(2)

The site shall have direct frontage along a major or secondary street. In the CH zoning district the site shall not have direct access on a local residential street;

(3)

One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the director;

(4)

No new convenience store shall be located less than one thousand feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measured from one property line to another;

(5)

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way;

(6)

All landscaping shall be installed and permanently maintained in compliance with Section 6.04.28 (Landscaping standards);

(7)

All on-site signs shall comply with the provisions of Section 6.04.38 (Sign standards);

(8)

All on-site parking shall comply with the provisions of Section 6.04.34 (Off-street parking standards). A specific parking plan shall be developed as part of the permit review process;

(9)

The premises shall be kept in a neat and orderly condition at all times;

(10)

If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Subsection 6.04.0615(3.K) (Service station standards). Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands;

(11)

A bicycle rack designed to accommodate a minimum of four bicycles shall be installed in a convenient location, visible from the inside of the store;

(12)

Each convenience store shall provide at least one public, disabled-accessible restroom located within the store;

(13)

Public pay telephones, if provided on-site, shall not be set up for incoming calls. Public telephones shall be featured with "call out" service only; and

(14)

A convenience store located adjacent to any residential zoning district/use shall have an eight-foot high decorative masonry wall along all property lines adjacent to the district(s). The design of the wall and its construction materials shall be subject to the approval of the Director.

H.

Density Bonus. Provisions governing density bonus/affordable housing are outlined in Section 6.04.0417.

I.

Drive-Thru Establishments. New drive-thru establishments may only be permitted in the CH zoning district, are subject to the approval of a conditional use permit, and shall be developed/operated in the following manner:

(1)

Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and they shall be emphasized by enhanced paving and marking/striping;

(2)

Drive-thru aisles shall have a minimum ten-foot interior radius at curves and a minimum twelve-foot width. Each drive-thru entrance/exit shall be at least two hundred feet from an intersection of public rights-of-way.

Also, each entrance to an aisle and the direction of flow shall be clearly designated by signs/pavement marking(s) or raised curbs;

(3)

Each drive-thru aisle shall provide sufficient stacking area behind the ATMs, menu board(s), etc. to accommodate a minimum of six vehicles or one hundred eighty feet, whichever is greater;

(4)

Access to a drive-thru aisle(s) shall be separated by at least twenty-five feet from any other driveways (i.e., access driveways to parking lots, alleys, etc.);

(5)

The provision of drive-thru service facilities shall not justify a reduction in the number of required off-street parking spaces;

(6)

Drive-thru aisles shall be constructed with (PCC) concrete;

(7)

All service areas, restrooms and ground-mounted and roof-mounted mechanical equipment shall be screened from public view;

(8)

The drive-thru facility may only be an accessory use to an allowed primary land use. The minimum interior floor area for the primary land use (i.e., cleaners, drive-thru restaurant, etc.) shall be one thousand seven hundred fifty square feet;

(9)

Landscaping shall screen drive-thru or drive-in aisles from public rights-of-way and shall be used to minimize the visual effect of menu boards and/or directional signs;

(10)

Menu boards shall not exceed twenty-four square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residential zoning district/use;

(11)

Drive-thru facilities within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru facility shall provide compatibility with surrounding uses in terms of form, materials, color, scale, etc.; and

(12)

An eight-foot high solid decorative masonry wall shall be constructed on each property line that is adjacent to a residential zoning district/use. The design of the wall and its construction materials shall be subject to the approval of the director.

J.

Recycling Facilities. Standards governing recycling facilities are outlined in Section 6.04.36.

K.

Service Station Standards. Service stations may only be allowed in the CH zoning district, are subject to the approval of a conditional use permit and shall be located/ developed/operated in the following manner:

(1)

New service stations shall be permitted only at the intersections of major and secondary arterials, and their intersections with State Highway 126. A maximum of two service stations shall be permitted at each intersection (Revised per CC Ord. 98-736).

(2)

The minimum site area for new service stations shall be fifteen thousand square feet, with a minimum street frontage of one hundred feet;

(3)

All repair/service activities and operations shall be conducted entirely within an enclosed structure, except as follows:

(a)

The dispensing of petroleum products, water and air from pump islands;

(b)

The provision of emergency service of a minor nature; and

(c)

The sale of items via vending machines which shall be placed next to the main structure in a designated area not to exceed thirty-two square feet, and which shall be screened from public view.

(4)

Pump islands shall be located/set back a minimum of twenty feet from a street property line; however, a canopy or roof structure over a pump island may encroach up to ten feet within this distance. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands;

(5)

There shall be no more than two vehicular access points to any one street;

(6)

There shall be a minimum distance of thirty feet between curb cuts along a street frontage;

(7)

No driveway may be located closer than fifty feet to the end of a curb corner nor closer than twenty feet to a common property line;

(8)

The width of a driveway may not exceed thirty feet, measured at the back of the apron;

(9)

On-site parking shall be provided in compliance) with Section 6.04.34 (Off-street parking standards);

(10)

Outside storage of motor vehicles is prohibited;

(11)

No vehicles may be parked on sidewalks, parkways, driveways or alleys;

(12)

No vehicle may be parked on the premises for the purpose of offering same for sale;

(13)

All light sources, including canopy, perimeter, and flood shall be energy efficient, stationary and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard or adversely affect adjoining properties. No luminaries shall be higher than fifteen feet above finished grade;

(14)

Landscaping shall comprise a minimum of fifteen percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following provisions, as well as those outlined in Section 6.04.28 (Landscaping standards):

(a)

A minimum five-foot wide (inside dimension) and six-inch high curbed planter area shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties. Where adjacent to a periphery wall, trees planted not more than 16 feet apart shall be included in the planter areas;

(b)

An on-site planter area of not less than two hundred square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of thirty-six inches at this location;

(c)

A minimum of fifty square feet of planter area shall be located along each portion of the main structure fronting on a public right-of-way; and

(d)

Additional landscaping may be required by the Director to further screen the service station from adjacent properties.

(15)

All on-site signs shall comply with the provisions of Section 6.04.38 (Sign standards);

(16)

Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties;

(17)

No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside of the main structure;

(18)

Where an existing service station adjoins property in a residential zoning district/use, an eight-foot high decorative masonry wall shall be constructed along the common property line at the time the station requires a permit for on-site improvement/modification. Materials, textures, colors and design of the wall shall be compatible with on-site development and adjoining properties and shall be subject to the approval of the Director. When the wall reaches the established front yard setback line of a residentially zoned parcel abutting or directly across an alley from the service station, it shall decrease to a maximum height of 36 inches;

(19)

Restroom entrances otherwise visible from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening;

(20)

Noise from bells, loudspeakers or tools shall be in compliance with Subsection 6.04.1805(14) (Noise attenuation) and shall not be audible from residentially zoned/occupied parcels between the hours of seven p.m. and seven a.m. on weekdays and Saturdays, and before ten a.m. and after seven p.m. on Sundays, in compliance with Subsection 6.04.1805(14) (Noise attenuation);

(21)

All parking, loading, circulation aisles, and pump island areas shall be constructed with (PCC) concrete; and

(22)

Service stations may receive used motor oil for subsequent recycling and removal, subject to approval by the fire department.

L.

Service Station Conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use shall require approval of a development permit and upgrading/remodeling which may include, but is not limited to, the removal of all gasoline appurtenances

(i.e., underground tanks), canopies, pump islands and overhead doors, additional landscaping provisions as required by Section 6.04.28 (Landscaping standards), additional street improvements or modification of existing improvements to conform to access provisions, and exterior remodeling.

M.

Shopping Centers. Shopping Centers (small scale, up to fifteen thousand square feet, multi-tenant centers) may only be allowed in the CH zoning district, are subject to the approval of a conditional use permit and shall be developed/operated in the following manner:

(1)

All development and operational standards outlined in Subsection 6.04.0615(3.G) (Convenience stores), (except for item numbers 4 and 12) shall apply to shopping centers;

(2)

The development shall provide internal continuity, uniformity, and compatibility relating to architectural design, vehicular and pedestrian access, and on-site provisions for landscaping, loading, parking, and signs; and

(3)

To the extent feasible, the on-site vehicular circulation system shall provide continuity with adjacent and similar commercial developments.

N.

Farmworker Congregate Housing Facilities Standards (Revised per Ord. Ord. 03-774). Standards governing Congregate Hosing facilities are outlined in Section 6.04.23

O.

Emergency Shelters. Emergency shelters are a permitted use in the commercial neighborhood, central business district, commercial office and commercial highways zones, and in the public facilities zone, subject to the approval of a minor conditional use permit. Notwithstanding any other provision of the

Fillmore Municipal Code, for those zones where emergency shelters are designated as a permitted use, no discretionary permit shall be required for an emergency shelter. All emergency shelters shall meet the following development standards:

1.

Maximum number of beds. The cumulative total number of beds allowed within each emergency shelter shall be no more than twelve.

2.

Parking. There shall be provided one parking space per employee and one parking space for every four beds (or fraction thereof).

3.

Intake areas. Waiting and client intake areas shall have a minimum interior area of one hundred fifty square feet and must be screen from public view.

4.

Security lighting. External lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

5.

Proximity to other shelters. An emergency shelter may not be located within three hundred feet of another emergency shelter.

6.

Written management plan. Each facility operator or applicant shall provide at the time of application a detailed written management plan to be submitted and updated annually and shall include, at minimum, plans to address the following: i) number of staff and volunteers per shift, ii) minimum staff training and qualifications, iii) security, iv) neighborhood communication, v) client intake procedures, vi) loitering control, vii) referral services, viii) outdoor storage, ix) refuse control, and x) facility maintenance. The written management plan is subject to approval by the city.

7.

Service limitations. Services shall be limited to overnight accommodation and meals for residents only.

8.

Length of stay. The maximum length of stay shall be six months.

9.

Hours of operation. Admittance shall be between the hours of seven a.m. and ten p.m.

On-site management. On-site management shall be provided and an on-site manager shall be present during operating hours. The on-site management agency or organization must have experience in management and/or providing social services.

11.

On-site security. Twenty-four-hour security services shall be required. Security shall be provided by a minimum of one security guard on site with a valid CA guard card issued by the CA Department of Consumer Affairs - Bureau of Security and Investigations.

(Ord. No. 17-882, § 2, 12-12-2017; Ord. No. 18-896, §§ 11, 12, 12-11-2018; Ord. No. 19-901, § 4, 3-262019)

6.04.0620 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this Ordinance, including the procedures outlined in the following sections:

Section 6.04.70 Conditional use permits.
Section 6.04.66 Development permits.
Section 6.04.28 Landscaping standards.
Section 6.04.68 Minor conditional use permits.
Section 6.04.60 Minor modifications.
Section 6.04.62 Minor variances.
Section 6.04.32 Off-street loading standards.
Section 6.04.34 Off-street parking standards.
Section 6.04.38 Sign standards.
Section 6.04.58 Temporary use permits.
Section 6.04.64 Variances.

(Ord. No. 18-896, § 6, 12-11-2018)

6.04.08 - Manufacturing/industrial zones. ¶

6.04.0801 - Purpose. ¶

The purpose of the MPD zoning district is to provide for service commercial, business and manufacturing/industrial land uses, while achieving the following:

Provide major employment concentrations generally served by highways, arterial streets/roadways and rail in a manner consistent with the general plan;

2.

Provide adequate space to meet the needs of manufacturing/industrial development, including off-street parking and loading;

3.

Minimize traffic congestion and avoid the overloading of utilities;

4.

Protect adjoining areas from excessive illumination, noise, odor, smoke, unsightliness and other objectionable influences; and

5.

Promote high standards of site planning, architecture and landscaping through the application of development standards/guidelines for manufacturing/industrial developments within the city.

6.04.0805 - Permitted uses. ¶

Any use designated as "permitted" by the following list shall comply with the provisions of this ordinance. Any permitted use which will occupy an existing structure (with no structural alteration/enlargement) shall comply with the operational standards contained in this section as well as Article III (General Regulations). Additionally, any permitted use which will occupy an existing structure that is to be altered, enlarged, or requires construction of a new structure(s) shall require the approval of a development permit in compliance with Section 6.04.66.

6.04.0810 - Permitted, development permitted and conditionally permitted uses. ¶

The following list represents those primary land uses in the manufacturing/industrial zoning district which are permitted (P), subject to a development permit (D) or a conditional use permit (C):

LAND USE ACTIVITY	LAND USE ACTIVITY	MPD
1.	Light manufacturing/industrial activities which, by virtue of size, intensity, number of employees or the nature of the operation, would not likely create signifcant efects by reason of dust, glare, heat, noise, noxious gases, odor, smoke, trafc, vibration or other efects, or hazardous by way of materials, process, product or wastes and only when conducted within an enclosed structure(s) (with only passive outdoor screened storage areas allowed). Examples of allowable land use activities include, but are not limited to, the following:
	A. ASSEMBLY (appliances [small], clocks, copiers)	P
	B. DISTRIBUTION (limited volume freight terminal)	P
	C. MANUFACTURING (cabinets, clothing, shoes)	P
	D. PROCESSING (dry cleaning, linen/towel service)	P
---	---	---
	E. RECYCLING (collection, sorting, shipping of recyclable materials [cans, glass, etc.])	P
	F. REPAIRING (appliances [small], clocks)	P
	G. RESEARCH/DEVELOPMENT (design of new products)	P
	H. STORAGE (computer data, household good ofce fles, valuables ... not self-storage)	P
	I. TESTING (air, soil, water contamination)	P
	J. TREATMENT (non-toxic coating/plating)	P
	K. WHOLESALING (auto parts, ofce supplies)	P
2.	Heavy* manufacturing/industrial activities which, by virtue of size, intensity, number of employees or the nature of the operation, have the potential to create signifcant efects by reason of dust, glare, heat, noise, noxious gases, odor, smoke, trafc, vibration or other efects, or hazardous by way of materials, process, product or wastes and when conducted within/outside of an enclosed structure(s) (with active/passive outdoor screened storage areas allowed). Examples of allowable land use activities include, but are not limited to, the following:
	A. ASSEMBLY (appliances [large], furniture, signs)	C
	B. DISTRIBUTION (high volume freight terminal)	C
	C. MANUFACTURING (boats, chemicals, machinery)	C
	D. PROCESSING (brewery, concrete, petroleum)	C
	E. RECYCLING (collecting, sorting, compacting,crushing, shredding of recyclable materials)C
	F. REPAIRING (appliances [large], motor vehicles)	C
	G. RESEARCH/DEVELOPMENT (design of new products/services that require large facilities and/or outdoor evaluations)	C
	H. CONTRACTOR'S SERVICE AND STORAGE YARD (large/potentially hazardous items, or outdoor storage [i.e., contractor's equipment, rental yards, etc.], but not self-storage)	C
	I. TESTING (noise, vehicle efect evaluation)	C
	J. TREATMENT (potentially toxic coating/plating)	C
	K. WHOLESALING (building materials [lumber])	C
3.	Administrative/Professional Ofce (Only in conjunction with the primary manufacturing/industrial activity).	P
4.	Adult Businesses	C
5.	Bus/Rail Facilities (Ord. 02-763, Adopted February 26, 2002)	C
	A.Busses with a gross vehicle weight rating (GVWR) of not more than 26,000 pounds; limited to light maintenance activities that mitigate objectionable odors, noises, vibration, smoke,
	heat, dust, glare or other efects on adjacent residential zoning districts/uses. Welding, sandblasting, and painting are not permitted.
---	---	---
	B. All Other Bus/Rail Facilities* (Ord. 02-763, Adopted February 26, 2002)	C
6.	Commercial uses (i.e., cleaner, day care health club, mini-market, restaurant) which are intended to meet the needs of the immediate employment population	C
7.	Communication transmitting, reception or relay facilities	C
8.	Crematory/Mortuary	C
9.	Dismantling facilities/Scrap yards*	C
10.	Fire/Police Stations	C
11.	Fuel/Service Stations	C
12.	Hazardous Waste Facilities	C
13.	Hemp manufacturing and testing	C
14.	Hospitals/Sanatoria	C
15.	Kennels/Veterinary Clinics or Hospitals*	C
16.	Self-Storage	C
17.	Newspaper Ofces	D
18.	Parking Lots/Structures	D
19.	Printing/Publishing Facilities*	C
20.	Public service and utility structures and facilities	P
21.	Retail sales of goods, provided that the foor space devoted to the activity does not exceed 25% of the gross foor area of the principally permitted land use	D
22.	Service Commercial Activities	D
23.	Tire Sales/Service*	C
24.	Trade/Tech Schools	D
25.	Truck Parking*	C
26.	Truck Repair (Heavy)*	C
27.	Truck Stops*	C

*These land use activities shall not be allowable within five hundred feet of a residential zoning district/use and/or not directly visible from a residential zoning district/use.

Other similar uses which the director finds to fit within the purpose/intent of the zone, in compliance with subsection 6.04.0225(3).

(Ord. No. 20-928, § 5, 7-14-2020; Ord. No. 24-972, §§ 5—8, 6-11-2024)

6.04.0815 - General standards. ¶

1.

The following development standards are minimum unless stated as maximum by the ordinance from which this section was derived. All setbacks shall be measured from the property line.

Any variation from these standards shall require the approval of a development permit in compliance with Section 6.04.66 and consistency with any adopted guidelines for the subject zoning district or a minor variance/variance in compliance with Sections 6.04.60 or 6.04.64.

ZONING DISTRICT DEVELOPMENT STANDARDS

STANDARD	MPD
Gross Lot Area (sq. ft.)	0
Project Area Width	200
Front Setback (feet)	201
Rear Setback (feet)	UBC2
Side Setback (feet) (Each)	UBC3
Side Setback (feet) Street Side)	204
Lot Coverage (Maximum)	50%
Distance Between Structures (feet)	UBC5
Structure Height (feet) (Maximum)	50 ft.6 2 sts.

1 For structures located across a street or alley from a "RPD" zoning district/use, each one foot increase in structure height over a height of fifteen feet shall be accompanied by a one foot increase in the required minimum front yard setback.

2 Shall meet the minimum standards of the Uniform Building Code. Where the rear yard abuts a "RPD" zoning district/use, a minimum rear yard of twenty feet shall be maintained.

3 Shall meet the minimum standards of the Uniform Building Code. Where any parcel abuts a "RPD" zoning district/use, a minimum side yard of twenty feet shall be maintained.

4 For structures located across a street or alley from a "RPD" zoning district/use, each one foot increase in structure height over a height of fifteen5 feet shall be accompanied by a one foot increase in the required

minimum side yard (street side) setback.

5 Shall meet the minimum standards of the Uniform Building Code.

6 The maximum structure height along the "A" Street corridor shall be thirty-five feet.

2.

The following additional standards/guidelines shall apply to all manufacturing/industrial development within the MPD zoning district:

A.

All manufacturing/industrial developments shall comply with any adopted guidelines;

B.

Retail sales and service incidental to a principally permitted land use are allowable provided that the following standards are met:

(1)

The operations are contained within the main structure which houses the primary land use;

(2)

Retail sales represent less than twenty-five percent of the gross floor area;

(3)

No retail sales or display of merchandise occur(s) outside the structure(s); and

(4)

All products offered for retail sale on the site are manufactured, warehoused, or assembled on the premises.

C.

Outside storage shall be confined to the rear of the principal structure(s) or the rear one-half of the site, whichever is the more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing and landscaping, subject to the approval of the director. Hours of operation within the outdoor storage areas (for product and materials-related activities) shall not exceed 7:00 a.m. to 7:00 p.m. when adjoining residential neighborhood(s) to minimize noise impacts; and

D.

Landscaping shall be installed and maintained within all required setback areas in compliance with Section 6.04.28 (Landscaping standards).

Self-storage. Self-storage facilities are allowable in the MPD zoning district, subject to the approval of a conditional use permit and shall be developed/operated in the following manner:

A.

The maximum site area for a self-storage facility shall be eighty-five thousand square feet;

B.

The site shall have a minimum front yard of twenty feet which shall be landscaped and permanently maintained in compliance with Section 6.04.28 (Landscaping standards);

C.

Any site adjacent to a residential zoning district shall maintain a twenty-five-foot-deep landscaped yard along that portion of the site adjacent to the residential zoning district. A twenty-foot-deep landscaped yard shall be maintained along that portion of the site across the street or within one hundred feet of a residential zoning district(s). All landscaping shall be installed and permanently maintained in compliance with Section 6.04.28 (Landscaping standards);

D.

Vehicular ingress/egress shall be limited to one drive-way for each portion of the site fronting on a public right-of-way;

E.

The site shall be entirely paved, except for structures and landscaped areas. The paving shall consist of concrete, asphalt, or asphaltic concrete. Continuous concrete curbing and perimeter walls shall serve to prevent any vehicle from extending beyond the property lines;

F.

All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way;

G.

All on-site signs shall comply with the provisions of Section 6.04.38 (Sign standards);

H.

All exterior structure walls within ten feet of a property line adjacent to a public right-of-way shall be stucco or decorative masonry block and shall be subject to the approval of the director;

I.

Any portion of the storage structure(s) providing access doorways to individual storage spaces, facing and generally parallel to an adjacent property line, shall be setback a minimum of thirty-five feet from the adjacent property line;

J.

The site shall be completely enclosed with a six-foot high solid decorative masonry wall or an eight-foot high solid decorative masonry wall if the site is adjacent to a sensitive use (such as playgrounds, hotels, child care facilities, residential or school uses) with a minimum four feet wide landscaping area along the outside perimeter, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gates must be decorative wrought iron or steel. The gate(s) shall be maintained in good working order and shall remain closed except when in use. The design of the wall, fence, landscaping and gate(s) shall be subject to the approval of the director;

K.

No business activity shall be conducted other than the rental of storage spaces for inactive storage use. Additionally, no miscellaneous/garage sales or repair of motor/recreational vehicles, machines or equipment shall be permitted to occur on the premises;

L.

All storage shall be located within a fully enclosed structure(s). Motor vehicles (i.e., autos, recreational vehicles, trucks, etc.) may be unenclosed. For purposes of this subsection L, unenclosed means motor vehicles could be in designated stalls, and walls or a roof are not required; however, the vehicles must be inside of the perimeter walls of the overall facility. Motor vehicles are considered accessory to self-storage and may be stored on the premises only when accessory to self-storage structures and properly situated in one location that does not exceed more than 50 percent of the site, and must be fenced and screened to the satisfaction of the director. Cargo containers are not considered fully enclosed structures for purposes of this Code, as cargo containers are considered outdoor storage and are prohibited;

M.

No flammable or otherwise hazardous materials shall be stored on-site;

N.

One manager's dwelling unit may be provided within the development. No more than two adults (without children) shall be permitted to occupy the manager's unit. The occupancy of the manager's unit shall be contingent upon the continual operation of the storage facility; the use shall immediately cease if the storage facility ceases its operation. No person may occupy the manager's unit who has been convicted of a burglary or theft. A clearance from the police department shall be obtained for any individual who occupies the manager's unit;

O.

Aisle widths shall be a minimum of twenty-five feet for one-way drives and thirty-five feet for two-way drives as measured between the structures to provide unobstructed and safe circulation. The director may

reduce the required widths for aisles that do not directly serve any storage spaces;

P.

The owner/manager shall be responsible for the removal of graffiti within seventy-two hours of its application;

Q.

Exterior structure walls and screen walls and fences shall be constructed, treated and maintained in compliance with Subsections 6.04.1805(6) and 6.04.1805(7) and Municipal Code Chapter 15.25 (Graffiti).

R.

The entire site shall be permanently maintained in a clean manner free of trash and debris or materials stored out-of-doors; and

S.

Storage facilities located adjacent to a residential zoning district(s) shall have their hours of operation limited to no more than 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 8:00 p.m. on Sundays.

T.

Self-storage facilities are prohibited within 500 feet of the centerline of State Route 126 (Major Thoroughfare) and no self-storage facility may be located within a 1,000-foot radius of another self-storage facility as measured from the property line.

U.

There shall not be individual entrances to storage units accessible from the exterior of the building. Access to self-storage units shall be from enclosed interior corridors only.

V.

360-degree building architecture is required, and must include the following:

Single uninterrupted wall panes shall be softened with the use of staggering vertical walls a minimum of six inches, roof overhangs designed for solar shading, and deep reveals at construction joints.

i.

Colors and materials. Contrasting colors, patterns, textures and finished shall be used to add variety and interest to structures. Muted earth tone colors (such as off-white, ochre, sienna, umber, beige, tan, brown, or other similar subdued colors) are required for primary building surfaces. Richer color accents may be used on limited architectural elements, such as, covered entries, window awnings and solar shading elements, and fascia elements. Exterior buildings must incorporate at least two and no more than four building materials combinations, such as masonry, brick, concrete, or wood.

ii.

Roofs. A variety of roof shapes and forms shall be utilized to add character and diversity. Appearance of roofs shall be improved with the use of steeper roof slopes and integrated fascia, darker colors, concealed fasteners, and other treatments.

iii.

Windows and doors. Window configurations shall be compatible with the design of the building. Recessed openings shall be used to provide contrast by varying patterns of shades, sunlight, and depth.

iv.

Mechanical equipment. Mechanical equipment shall be located on the rooftop screened with parapet walls, mechanical recesses, or other means.

W.

Screening of parking areas. Parking areas shall be screened from the public right-of-way. Screening may include decorative walls, landscaped berms, shrubs, trees, and other landscaping or other screening methods as deemed appropriate by the Community Development Director.

(Ord. No. 24-972, § 9, 6-11-2024)

6.04.0820 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of the ordinance from which this section was derived, including the procedures outlined in the following Sections:

Section 6.04.70 Conditional use permits.
Section 6.04.66 Development permits.
Section 6.04.28 Landscaping standards
Section 6.04.68 Minor Conditional use permits.
Section 6.04.60 Minor modifications.
Section 6.04.62 Minor variances.
Section 6.04.32 Off-street loading standards.
Section 6.04.34 Off-street parking standards.
Section 6.04.38 Sign standards.
Section 6.04.58 Temporary use permits.
Section 6.04.64 variances.

6.04.10 - Special purpose zones.

6.04.1001 - PURPOSE. ¶

1.

The purpose of this section is to achieve the following:

A.

Management, preservation, protection, and wise utilization of the natural/environmental resources of the city for the long-range health, safety and general welfare of the city's residents;

B.

Maintain a sense of natural openness around the urban environment in order to enhance the physical, emotional and mental well-being of the city's residents; and

C.

Provide for the continuation and expansion of existing public facilities.

2.

The purpose and allowable uses for each of the individual special purpose zoning districts are as follows:

A. O-S (Open Space) Zone.

(1)

The purpose of this zoning district is to provide for the following:

(a)

Management, preservation and protection of natural resources, including suitable sites for the continuation of agricultural operations;

(b)

Preserve and establish buffers between rural and urban uses;

(c)

Preserve and maintain all worthwhile natural habitat areas as well as visual and compatible-use recreational resources;

(d)

Provide for public and private recreational land use activities necessary to meet both active and passive recreational needs of all segments of the city; and

(e)

Protection of existing public outdoor recreation.

(2)

The following land uses may be allowed subject to the approval of a development permit:

(a)

Active recreational/open space land use activities, including:

1)

Agriculture (including the accommodation for an open air stand for the sale of produce only grown on the subject parcel as well as all activities/uses typically associated with a bona fide agricultural operation);

2)

Animal breeding, pasturing or ranching;

3)

Commercial stables;

4)

Fish hatcheries;

5)

Guest ranches;

6)

Indoor and outdoor athletic/spectator/sports facilities;

7)

Interpretive centers;

8)

Movie sets/locations;

9)

Non-vehicular recreational areas;

10)

Overnight accommodations for recreational vehicles (minimum parcel size of ten acres);

Parks;

12)

Pistol, rifle and skeet ranges; and

13)

Recreational clubs.

(b)

Passive recreational/open space land use activities, including:

1)

Cellular, radio and television towers and related facilities;

2)

Cemeteries;

3)

Designated cultural heritage sites and historical monuments;

4)

Fishing, hiking and hunting;

5)

Nature preserves;

6)

Open space areas (i.e., river and stream beds):

7)

Outdoor theaters (without structures); and

8)

Water spreading grounds.

(3)

The following intensive land uses may be allowed subject to the approval of a conditional use permit:

(a)

Agricultural contractor's plants and storage yards;

(b)

Agricultural warehouses;

(c)

Campgrounds and recreational vehicle parks;

(d)

Dairies (without on-site retail sales);

(e)

Feed lots;

(f)

Golf courses/driving ranges (with/without clubhouses and restaurants within the clubhouse);

(g)

Hemp storage;

(h)

Oil exploration/extraction;

(i)

Sand and gravel quarries;

(j)

Soil amendment activities; and

(k)

Unimproved private airstrips/heliports.

P-F (Public Facilities) Zone.

(1)

The purpose of this zoning district is to provide for a wide range of public and quasi-public land use activities serving the residents of the city.

(2)

The following land uses may be allowed subject to the approval of a Development Permit:

(a)

Art galleries/museums;

(b)

Cultural/recreational activities;

(c)

Governmental offices/facilities;

(d)

Hospitals;

(e)

Libraries;

(f)

Parks;

(g)

Police and fire stations;

(h)

Production/distribution of water;

(i)

Public schools;

(j)

Public utility facilities; and

(k)

Sanitary landfills.

(3)

The following land uses may be allowed subject to the approval of a Minor Conditional Use Permit:

(a)

Emergency shelters;

(b)

Supporting housing;

(c)

Transitional housing.

(Ord. No. 18-896, § 13, 12-11-2018; Ord. No. 20-928, § 6, 7-14-2020)

The following acreage and numbers of horses are the maximum allowable:

Acreage	Maximum Permitted
20,000 sq. ft. to 1 net acre	2
1 to 2 net acres;	5
2 to 4 net acres	10
4 to 10 net acres	20
10 to 15 net acres	40
15+ net acres	100

C.

No horse shall be kept closer than thirty-five feet to a dwelling located on adjacent property;

All horses shall be provided with adequate fenced enclosures, to contain them within the boundaries of the stable property, subject to the approval of the director; and

E.

An application for the keeping of horses shall contain a detailed description outlining the proposed method(s) of controlling dust, insects, odors, sanitation, and other considerations required by the director.

2.

Golf Courses and Related Facilities. Golf course developments may be allowed, subject to the approval of a Conditional Use Permit, and shall be developed in the following manner:

A.

State-of-the-art water conservation techniques shall be incorporated into the design and irrigation of the golf course;

B.

Treated effluent shall be used for irrigation where available;

C.

Perimeter walls or fences shall provide a viewshed window design along all public rights-of-way,

incorporating a mix of walls and wrought-iron fencing or equivalent treatment subject to the approval of the director;

D.

Single-loaded fairways shall be a minimum average of three hundred feet wide; double-loaded (side-byside) fairways shall be a minimum average of six hundred feet wide; and

E.

All accessory facilities, including, but not limited to, club houses, maintenance buildings, and half-way houses shall be designed and located to ensure compatibility and harmony with the golf course setting.

6.04.1015 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this Ordinance, including the procedures outlined in the following Sections:

Section 6.04.70 Conditional use permits.
Section 6.04.66 Development permits.
Section 6.04.28 Landscaping standards.
Section 6.04.68 Minor conditional use permits.

5. Section 6.04.60 Minor modifications.

Section 6.04.62 Minor variances.
Section 6.04.32 Off-street loading standards.
Section 6.04.34 Off-street parking standards.
Section 6.04.38 Sign standards.
Section 6.04.58 Temporary use permits.
Section 6.04.64 Variances.

6.04.12 - Business park district. (New Section. Zoning Ordinance Amended August 1, 2005 per Ord. 05782)

6.04.1201 - Purpose.

1.

The purpose of this section is to achieve the following:

A.

The intent of the Business Park District is to provide an area in the community within which office, commercial and industrial firms can locate with an assurance of a high permanent level of design quality, extensive site amenities, open space and environmental protection. The restrictions and conditions applied to this district shall be designed to promote the development of park like atmosphere which will be conducive to the construction of buildings and parking lots which are pleasing in appearance and which harmonize with the surrounding built and natural environments.

B.

In addition, these regulations are designed to promote flexibility in building design, to promote efficient use of land, to provide both active and passive open space, and to insure a quality of construction commensurate with the community's appearance standards as set forth herein and as are from time to time established by the city.

C.

When the planning commission and city council determine that it is in the city's best interest, established standards for building heights and area regulations may be varied to promote design flexibility and the community standards as provided.

D.

The granting of approval under this category establishes an approved site plan and appropriate supporting documents as the sole use or uses and site arrangement allowed under within the Business Park District.

E.

The Business Park District consists of two zones to allow for a combination of light and medium industrial uses together with certain retail/commercial uses as follows.

2.

The purpose and allowable uses for each of the business park zoning districts are as follows:

A.

BP-1 (Business Park-1) Zone.

(1)

This zone within the Business Park District is intended to provide for a variety of campus-like retail and commercial uses and light industrial uses, intended to establish the area as a focus of future employment in the city, as well as to enhance the highway commercial corridor along Highway 126.

B.

BP-2 (Business Park-2) Zone.

(1)

This zone within the Business Park District is intended to provide for a variety of light and medium industrial uses and certain retail/commercial uses, which support or are incidental to the industrial uses intended to establish the area as a focus of future employment in the city, as well as to complement the adjacent BP-1 zone.

6.04.1202 - Permitted uses. ¶

Any use designated as "permitted" (P) by the following list shall comply with the provisions of this ordinance. Any "permitted" use which will occupy and existing structure (with no structural alteration/enlargement) shall comply with the operational and development standards contained in the business park development standards in Subsection 6.04.1215 of this ordinance.

6.04.1203 - Permitted, development permitted and conditionally permitted uses. (Revised per Ord. 08-805 adopted March 11, 2008)

The following list represents those primary uses in the Business Park districts which are either: Permitted (P), or subject to a development permit (D), or subject to a conditional use permit (C), or not permitted (NP): No use shall be deemed a "permitted" (P) use unless such use compiles with all of the provisions of this chapter, including the operational standards contained in Section 6.04.1218 (Performance standards) as well as Article III (General Regulation).

An allowed land use that has been granted a land use permit, or is exempt from land use permit requirements, may still be required to obtain other city permits or approvals before construction is commenced and/or the land use is otherwise established and put into operation. Nothing in this Section shall eliminate the need to obtain, as applicable, a building permit, discretionary permit and/or business

license. No such building permit, discretionary permit or business license shall be issued for any use that is not a "permitted" (P) use, or otherwise authorized pursuant to this section.

LAND USE ACTIVITY	LAND USE ACTIVITY	BP-1	BP-2
A.	Administrative and Professional Ofces	P	P
B.	Adult-Oriented Business	NP	C
C.	Automobile (Car, RV and Truck) and Boat Sales	D	NP
D.	Auto and Boat Service/Repair—Major (i.e., Bodywork, Engine and Drive Train, Painting and Miscellaneous Work)	C	C
E.	Auto and Boat Service Repair/Minor (i.e., Lube-N-Tune, Window Tinting)	C	C
F.	Automated Car Wash (in conjunction with a permitted Business Park use)	C	C
G.	Drug Stores	P	NP
H.	Hotels/Motels and associated Conference Facilities	D	NP
I.	Hospital	C	C
J.	Delicatessen/Sandwich Shop	P	P
K.	Restaurants—No Drive-Thrus	C	NP
L.	Restaurants—Serving Alcoholic Beverages	C	NP
M.	Restaurants—Outdoor Dining on private property	C	NP
N.	Auditoriums, Convention Halls and Theaters	C	NP
O.	Financial (Banks, Savings and Loans, etc.)	P	NP
P.	Service Commercial Commercial establishments that provide business, repair and miscellaneous services. Including, but not limited to, the following:
	1. Catering Establishments	P	P
	2. Cleaning/Janitorial	P	P
	3. Copy Center/Postal Service Centers and Blueprinting	P	P
	4. Interior Design Shops	P	P
	5. Laboratories (i.e., Film, Medical and Dental Research and Development, etc.)	D	D
	6. Miscellaneous Repairs/Services (Indoors Only)	D	D
	7. Printing/Publishing Facilities	P	P
	8. Services and Contractors (Plumbing, Electrical Heating, Air Conditioning, Tile Suppliers, etc.)	P	P
Q.	Health/Athletic Clubs	C	C
R.	Vehicle Leasing/Rental (in conjunction with a permitted Business Park use)	P	P
S.	Other:
---	---	---	---
	1. Business/Industrial Incubator Resource Center	C	C
	2. Child Day Care Center (in conjunction with a permitted Business Park use)	D	D
	3. Commercial uses (i.e., cleaner, day care centers, health club, mini-market, restaurant) that are intended to meet the needs of the immediate employment population	C	C
	4. Handicraft-type industries (i.e., saddles, sculptures, stained glass, etc.)	P	P
	5. Temporary Ofces	C	C
	6. Hemp storage	C	C
	7. Hemp manufacturing and testing	C	C
	8. Medicinal Cannabis Retailer (Non-storefront, delivery only)	C	C
T.	Light Manufacturing/Industrial Manufacturing/Industrial activities which, by virtue of size, intensity number of employees or the nature of the operation, would not likely create signifcant efects by reason of dust, glare, heat, noise, noxious gases, odor, smoke, trafc, vibration or other efects, or hazardous by way of materials, process, products or wastes, and only when conducted within a building (with only limited passive outdoor screened storage areas allowed). Including, but not limited to, the following:
	1. Assembly and Repair	P	P
	2. Warehousing and Distribution	P	P
	3. Distributor Showrooms	P	P
	4. Furniture Upholstering	P	P
	5. Manufacturing	P	P
	6. Research and Development	P	P
	7. Processing (agricultural products, food, dry cleaning, linen/towel service)	P	P
	8. Self-Serve Mini Storage and Self-Storage, including Recreational Vehicle (RV) storage	NP	NP
	9. Storage within a structure (cold storage of agricultural products, computer data, household goods, ofce fles, valuables…not self-storage or RV storage)	C	C
	10. Testing (air, soil, water contamination)	P	P
	11. Treatment (non-toxic coating/plating)	P	P
	12 Wholesaling (auto parts, ofce supplies	P
U.	Medium Manufacturing/Industrial Manufacturing/Industrial activities which, by virtue of size intensity, number of employees or the nature of the operation, may create signifcant efects by reason
	of dust, glare, heat, noise, noxious gases, odor, smoke, trafc, vibration or other efects, or hazardous by way of materials, process, products or wastes, and may include outdoor uses and storage areas when those uses and areas are screened from the public areas when those uses and areas are screened from public right-of- way. Including, but not limited to, the following:
---	---	---	---
	1. Assembly	NP	C
	2. Manufacturing (machine shops or other manufacturing operations requiring plating, dust cyclone systems, heavy metal stamping, fber glassing, etc.)	NP	C
	3. Research and Development (design of new products/services that require outdoor evaluations	NP	C
	4. Public Service and utility structures and facilities	NP	C
Other similar uses which the Community Development Director fnds to ft within the purpose/intent of the Business Park District, in compliance with Subsection 6.04.0225(3) of the City of Fillmore Zoning Ordinance.

(Ord. No. 20-928, §§ 7, 8, 7-14-2020; Ord. No. 22-939, § 2, 6-14-2022; Ord. No. 24-968, §§ 3, 4, 4-232024; Ord. No. 25-976, § 3, 3-25-2025)

6.04.1205 - Conditions of use. ¶

All uses in this district shall be subject to site plan review and approval by the planning commission and the city council. The standards for review of such development plans and the uses they propose to contain shall be as follows:

1.

Will have a minimal adverse impact on the location, size, design, operating characteristics and property values of existing and future primary uses on neighboring properties.

2.

Will not inhibit the consolidation of adjoining parcels of land in this district.

3.

Is compatible in appearance, size, and scale of operation with existing and future uses in this district.

4.

Is compatible with the city's general plan.

5.

Will not create offensive odor, dust, smoke, fumes, noise, glare, heat, vibrations or traffic which is compatible with the primary uses allowed in this district.

6.

Will provide vehicular and pedestrian access, circulation, parking and loading areas which are compatible with the other uses of this district and will not be detrimental to the surrounding traffic flow, pedestrian safety and accessibility of emergency vehicles.

7.

Will enhance the open space, recreational facilities or aesthetic features of this district.

8.

At the specific location, will contribute to and promote the community welfare or convenience.

6.04.1206 - Accessory uses. ¶

The following uses shall be allowed as accessory uses in the "BP" District subject to site plan review and approval by the community development director.

1.

Uses and structures customarily accessory and incidental to a permitted or conditional primary use.

2.

Temporary buildings, including construction trailers, for uses incidental to construction activity, which buildings shall be removed upon completion of construction activity.

3.

Bus shelters, mass transit facilities and street furniture.

4.

Solar collection apparatus.

5.

Antennas, including satellite dish antennas.

6.

Day care centers.

7.

Indoor and outdoor recreational facilities such as, but not limited to, swimming pools, saunas, game and craft rooms, exercise and dance studios, community meeting rooms, playgrounds pavilions, shelters, tennis and other play courts, bike and walking trails, pedestrian plazas and courts and art work.

8.

Parking and landing facilities and areas provided in conjunction with a primary use.

9.

Signage, subject to the provisions of Section 6.04.38 of the City of Fillmore Zoning Ordinance.

Fencing.

Parking, subject to the provisions of Section 6.04.34 of the City of Fillmore Zoning Ordinance.

(Ord. No. 18-895, § 12, 12-11-2018)

6.04.1210. - Dimensional standards. ¶

A.

Minimum Lot Area. No minimum lot area is established for this district; however, lot dimensions shall be sufficient to meet the other requirements of this section.

B.

Minimum setbacks for building structures are as follows (revised per Ord. 08-805, adopted March 11, 2008):

1.

Ventura Street—Front Yard. Twenty-foot minimum and shall be landscaped. Provided, however, a twelvefoot deceleration lane shall be permitted within the required twenty-foot landscaping setback area.

2.

Ventura Street—Side Yard. Fifteen-foot minimum and shall be landscaped.

3.

Ventura Street—Rear Yard. Fifteen-foot minimum and shall be landscaped. The fifteen-foot landscaped area may be used to meet National Pollutant Discharge Elimination System (NPDES) permit requirements.

4.

Interior Street—Front Yard. Fifteen-foot minimum and shall be landscaped. The fifteen-foot landscaped area may be used to meet National Pollutant Discharge Elimination System (NPDES) permit requirements.

5.

Interior Street—Side Yard. Fifteen-foot minimum on one side and shall be landscaped, no side yard setback on the other side and fifteen feet from and internal access road or private street.

6.

Interior Street—Rear Yard. There shall be no rear yard setback where the parcel does not abut a street. Where a parcel does abut a street there shall be a landscaped fifteen-foot rear yard setback.

7.

Interior Property Side Yard—Not abutting a street. Zero-foot side yard subject to compliance with fire safety compliance as set forth in the 2007 California Building Code and/or any local amendments thereto.

C.

Minimum setbacks for parking lots are as follows:

1.

Ventura Street—Front Yard. Twenty feet.

2.

Ventura Street—Side Yard. Ten feet.

3.

Ventura Street—Rear Yard. Ten feet.

D.

When a site abuts a residential zoning district, structures and parking lots in the Business Park district shall be set back a minimum of twenty feet and for each one foot increase in structure height over a height of fifteen feet shall be accompanied by a one foot increase in the required minimum set back. A landscaped buffer or screen shall be provided between residential areas and business park district areas.

E.

Internal Building Setbacks. Within a development of single ownership with multiple buildings, buildings shall be set back from other buildings at a minimum of twenty feet on one side, no setback on the other side and fifteen feet from an internal access road or private road.

F.

Building Height. Forty-five-foot maximum.

G.

Corner Visibility. No sight-obscuring structures or plantings exceeding thirty inches in height shall be located within a twenty-foot radius of the lot corner nearest the intersection of two streets or a street and a private driveway. Trees may be located within this Twenty-foot radius so long as they are maintained to allow at least ten feet of visual clearance below the lowest hanging branch.

Exception to Dimensional Standards. The requirements of this section may be modified by the planning commission. When such modifications are consistent with the purposes set forth in this chapter and with the general plan, minor modifications to approved site plans may be made by the community development director. Minor modifications shall consist of slight changes to the alignment of buildings, structures, parking facilities, lot lines and street alignments.

6.04.1215 - Development standards. ¶

All development within the Business Park District is subject to the review procedures and applicable requirements of Section 6.04.50 (Administration). In addition, the following standards, requirements and objectives shall also apply to all development in this district:

1.

Master Plan. Development shall comply with the intent of the Design Guidelines of the Fillmore Business Park Master Plan adopted by the Fillmore City Council. While the intent of the design guidelines must be met, the guidelines allow for flexibility in the design of an industrial, office and/or retail project. A project may not be required to meet all design guidelines or provisions that may be required by area or master plans which have been adopted by the Fillmore City Council.

2.

Innovation. Developers are encouraged to propose innovative land use plans and building designs which promote the purpose and intent of this chapter.

3.

Building Siting and Design.

a.

The design and siting and of buildings shall complement the natural terrain to the greatest extent possible.

b.

Open, landscaped front yards shall be required.

c.

All exterior surfaces of a building shall be designed with compatible material.

d.

Durable, and attractive materials such as textured concrete, stone, brick, finishing wood and glass are encouraged. Large exterior wall surface should be designed with change-of-planes, ribbing, fluting, texturing, band or other techniques to add visual interest. Use of decorative concrete block masonry and prefabricated metal panels may be permitted when used in combination with other permitted exterior materials. Buildings which are entirely covered with prefabricated metal siding or non-decorative concrete masonry block on any exterior wall or use only the combination of pre-fabricated metal siding and concrete block masonry shall be prohibited.

e.

Natural, non-primary or muted colors are encouraged. Primary colors shall be limited to accent colors only.

f.

(1)

All roof top equipment must be screened from view from any street, parking lot or other building within the district.

(2)

All mechanical equipment shall be screened or colored to blend in with the field color of the building.

(3)

Roof top equipment may be permitted without screening if it is of a low profile design, in a location on the roof which is not visible from adjoining properties, and is of a color which blends in with the building color.

g.

All exterior building materials, finishes and colors shall be coordinated to achieve a continuity of design. All exterior doors and grills and building trim shall be painted consistent with the color scheme of the building.

h.

Vents, louvers, coping, flashing, tanks, stacks and all similar sheet metal items shall be painted consistent with the color scheme of the building.

i.

Antennas, aerials and other radio wave transmitting and receiving equipment shall be located to the rear or "hidden" side of the building.

j.

Fencing shall be permitted as follows:

(1)

No fence shall be permitted in front yards.

(2)

Unless otherwise approved by the Planning Commission, fences shall not exceed eight (8) feet in height.

(3)

Fences shall be designed to be consistent in style and color with the principal structure. Chain-link type fencing is permitted if it has been pre-finished in an approved color. Black, brown or green are

recommended for this type of fencing, however, alternative colors may be approved if they are found to be compatible with adjoining structures. Corrugated fencing material is prohibited.

k.

Outdoor storage and refuse collection. All outdoor storage and/or refuse collection areas and containers shall be fully screened from street and adjacent properties and shall not be permitted in any front yard. Landscaping of these areas is required.

l.

Sidewalks and bikeways shall be provided along all collector and arterial streets in accordance with the Business Park Master Plan.

m.

Utility lines shall be located underground.

n.

Lighting systems for all exterior areas shall be required to uses high pressure sodium bulbs and fixtures. Lighting standards shall not exceed thirty feet in height. Lighting fixtures shall direct light toward the ground and prevent glaring of light onto adjoining properties and streets.

o.

Building foundations shall not be exposed by more than (12) inches.

4.

Landscaping. A landscaping plan must be submitted and approved by the planning commission prior to approval of the final site plan. Landscaping plans shall be to the following standards:

a.

All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs and shall be maintained by the property owner.

b.

Trees in front yards shall be planted at a ratio of at least one (1) two and one-half caliper (measured at least six inches above ground line) shade tree for every forty feet of street frontage. Clustering of trees and shrubs is encouraged, as opposed to even spacing of trees.

c.

Parking lots shall be landscaped with at least one (1) two and one-half caliper shade tree for every fifteen (15) parking spaces. These shall be planted in a landscaped planting area with dimensions of at least ten feet by ten feet. The spacing of these trees shall be determined during the site plan review process and shall be arranged to maximize the amount of shaded areas within parking lots.

d.

Building foundations shall be landscaped at a ratio of a least one (1) shrub or tree for every ten feet of exterior wall. Clustering of these plantings is also encouraged.

e.

Each site shall be required to install a permanent irrigation system for all required landscaping installations.

5.

Ingress and Egress Standards.

a.

Driveway openings along local streets shall be limited to one per one hundred feet of street frontage.

b.

Driveways shall be located a least one hundred fifty feet from intersections of collector or arterial streets and at least one hundred feet from the intersection of two local or minor streets.

c.

The angle of driveway intersection with the street and the slope of such intersections shall be based on criteria established by the city engineer.

d.

Common access drives for adjacent businesses and lots is encouraged.

6.04.1218 - Environmental standards. ¶

All developments shall:

1.

Not emit any smoke, dust, glare, noise, gases or other matter in such quantities as to be readily detectable at any point beyond the perimeter of the site.

2.

Not include the storage or maintenance of water or materials which attract or aid in the propagation of insects or rodents or create a health hazard.

3.

Provide or contract for the suppression, containment and cleanup of hazardous materials acceptable to the local fire department.

6.04.1220 - Off-street parking and loading regulations. ¶

Off-street loading and parking shall be in accordance with Sections 6.04.32 and 6.04.34 of the City of Fillmore Zoning Ordinance.

6.04.1224 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following Sections:

1.

Section 6.04.0225(3) Similar Uses Permitted.

2.

Section 6.04.32 Off-street loading standards.

3.

Section 6.04.34 Off-street parking standards.

4.

Section 6.04.38 Sign standards.

6.04.16 - Marijuana dispensaries and cultivation.[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 17-873, § 4, adopted Feb. 14, 2017, amended former Section 6.04.16 in its entirety which pertained to similar subject matter. See the Code Comparative Table and Disposition List at the back of this volume for a listing of ordinances that have amended this section.

6.04.1601 - Purpose and intent. ¶

A.

The purpose and intent of this section is to prohibit marijuana dispensaries and distribution facilities from operating in the city; to prohibit all cultivation of marijuana within the except for the indoor personal cultivation of marijuana within the city authorized by Section 6.04.1620; and to establish reasonable regulations for the indoor personal cultivation of marijuana; to protect the public health and welfare by:

1.

Protecting citizens from the secondary impacts and effects associated with marijuana and related activities, including but not limited to, sales of marijuana to minors, drug sales, robbery, burglaries, assaults, and other violent crimes, and fraud in obtaining or using medical marijuana identification cards.

Decreasing demands on police and other valuable and scarce city administrative, financial, or personnel resources.

B.

This section is not intended to conflict with federal or state law. It is the intention of the city council that this section be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes which those enactments encompass.

C.

This section is intended, consistent with the requirements of state law, to allow for a delivery-only medicinal cannabis retailer (Type 9 retail licenses from the state's Department of Cannabis Control), which may be conditionally permitted in the BP zone as authorized under section 6.04.1203 and subject to the requirements of this section 6.04.16.

(Ord. No. 17-873, § 4, 2-14-2017; Ord. No. 17-883, § 3, 12-12-2017; Ord. No. 25-976, § 4, 3-25-2025) 6.04.1605 - Definitions.

A.

"Accessory structure" means a structure which is incidental or subordinate to the principal structure on the same site, or the use of which is incidental or subordinate to the use of the principal structure of the site, which shall not exceed one hundred twenty square feet.

B.

"Applicant" means a person applying for a personal marijuana cultivation permit pursuant to this chapter.

C.

"Director" means the community development director of the City of Fillmore.

D.

"Marijuana" has the same definition as provided for in Business & Professions Code Section 19300.5(f) for the term "cannabis," and as may be amended, defined as "all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

E.

"Marijuana cultivation" means the growing, planting, harvesting, drying, curing, grading, trimming, processing or storing of one or more marijuana plants or any part thereof, whether for medical, personal, or any other purpose.

F.

"Marijuana cultivation site" means the private residence or accessory structure to that residence at which marijuana cultivation is occurring under the provisions of this chapter sits, or the property on which the private residence or accessory structure to that residence at which an applicant for a personal marijuana cultivation permit proposes to conduct marijuana cultivation.

G.

"Marijuana dispensary" or "marijuana dispensaries" means any for profit or not-for-profit cooperative, collective, facility, operator, establishment, provider, association or similar entity that cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away marijuana in the city for any purpose, whether for medical, personal, or any other use, including a mobile marijuana dispensary as defined in Chapter 7.40.

H.

"Marijuana distribution" means procurement, sale, and transport of marijuana and marijuana products between entities licensed under state of California law.

I.

"Marijuana manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product, and includes a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container.

J.

"Marijuana testing laboratory" means a laboratory, facility, or entity in the state, that offers or performs tests of marijuana or marijuana products, including the equipment provided by such laboratory, facility, or entity.

K.

"Medicinal cannabis", "medicinal cannabis business", and "medicinal cannabis patient" shall each have the same meaning for those terms as set forth in Business and Professions Code section 26321.

L.

"Permit" means a personal marijuana cultivation permit described in this section.

"Person" includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

N.

"Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5(e) and 11362.7(d).

O.

"Private residence" means a house, an apartment unit, a mobile home, or similar dwelling.

(Ord. No. 17-873, § 4, 2-14-2017; Ord. No. 17-883, §§ 6—8, 12-12-2017; Ord. No. 25-976, §§ 5, 6, 3-252025)

6.04.1610 - Marijuana dispensaries prohibited.

Marijuana dispensary is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a marijuana dispensary within the city. This section explicitly prohibits any marijuana dispensaries in the city that may be authorized under a license issued by the State of California.

(Ord. No. 17-873, § 4, 2-14-2017; Ord. No. 17-883, § 4, 12-12-2017)

6.04.1611 - Additional prohibited marijuana uses.

A.

Mobile marijuana dispensaries and marijuana delivery are prohibited in the city, pursuant to Chapter 7.40 of this code (Mobile marijuana dispensaries and delivery—Prohibited).

B.

Marijuana Manufacturing Prohibited.

1.

Marijuana manufacturing is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana manufacturing within the city.

2.

The establishment, maintenance, or operation of a marijuana manufacturing use within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Fillmore Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.

This section explicitly prohibits any marijuana manufacturing in the city that may be authorized under a license issued by the State of California.

C.

Marijuana Testing Laboratory Prohibited.

1.

Marijuana testing laboratory is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana testing within the city.

2.

Marijuana testing within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Fillmore Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.

3.

This section explicitly prohibits any marijuana testing in the city that may be authorized under a license issued by the State of California.

D.

Marijuana Distribution Prohibited.

1.

Marijuana distribution is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana distribution within the city.

2.

Marijuana distribution within the city is declared to be a public nuisance and may be abated by the city either pursuant to the Fillmore Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunctions.

3.

This section explicitly prohibits any marijuana distribution in the city that may be authorized under a license issued by the State of California in the city.

(Ord. No. 17-883, § 5, 12-12-2017)

6.04.1615 - Marijuana cultivation prohibited.

A.

Marijuana cultivation is not a permitted use and is prohibited in all zones throughout the city. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana cultivation within the city. This section explicitly prohibits any marijuana cultivation in the city that may be authorized under a license issued by the state of California.

B.

The city council may, by resolution, adopt additional regulations to further the purposes of this section. The city council may also delegate, by resolution, authority to adopt such regulations to the city manager.

6.04.1630 - Penalties. ¶

Any violation of this chapter or non-compliance with any of the requirements of this chapter or applicable provisions of Chapter 6.04 (Zoning) or the Fillmore Municipal Code shall be subject to any enforcement remedies available under the law and the Fillmore Municipal Code. In addition, the city may enforce a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to state law, including Health and Safety Code Sections 11362.1, 11362.2, 11362.5, or 11362.9 as these sections may be amended from time to time, shall be made criminal by this chapter. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter."

B.

The violation of Sections 6.04.1610, 6.04.1615, 6.04.1620, or 6.04.025 shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this section.

(Ord. No. 17-873, § 4, 2-14-2017; Ord. No. 17-883, § 11, 12-12-2017)

6.04.1635 - Nuisance. ¶

Any marijuana dispensary operated, conducted, or maintained contrary to the provisions of this section shall be, and the same is hereby declared, to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Any marijuana cultivation operated, conducted, or maintained contrary to the provisions of this section shall be, and the same is hereby declared, to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law.

(Ord. No. 17-873, § 4, 2-14-2017)

6.04.1640 - Interpretation. ¶

No provision of this section shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the State of California or the United States, or to require any act which is otherwise prohibited by any law of the State of California or the United States. No provision of this section is intended to or shall be interpreted to, either directly or indirectly, prohibit any act or acts which are prohibited by any law of the State of California or the United States.

(Ord. No. 17-873, § 4, 2-14-2017)

6.04.1645 - Validity and severability. ¶

If any section, subsection, sentence, clause, phrase, provision or portion of this section, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining

portions or provisions of this section or their applicability to distinguishable situations or circumstances. In enacting this section, it is the desire of the city council to regulate validly to the full measure of its legal authority and in the public interest, and to that end, the city council hereby declares that it would have adopted this section and each section, subsection, sentence, clause, phrase, provision or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this chapter are intended to be severable.

(Ord. No. 17-873, § 4, 2-14-2017)

6.04.1650 - Medicinal cannabis deliveries as required by state law. ¶

The delivery of cannabis to any person within the city limits is prohibited, except where required pursuant to state law for deliveries of medicinal cannabis to medicinal cannabis patients or their primary caregivers only. All businesses delivering medicinal cannabis within city limits must:

1.

Be a licensed medicinal cannabis business and meet all state law requirements.

2.

Maintain a valid city business license.

3.

Conduct all deliveries using unmarked vehicle(s).

4.

Deliver only to a private residence.

(Ord. No. 25-976, § 7, 3-25-2025)

6.04.1655 - Non-storefront, delivery only medicinal cannabis retailer.

A.

A conditional use permit issued pursuant to Section 6.04.1203 for a non-storefront delivery only medicinal cannabis retailer must include, as conditions of approval, the operational standards set forth in this section below.

B.

No medicinal cannabis retailer shall be located within 600 feet of any public park, religious institution, child day care facility, school, another medicinal cannabis retailer, hemp storage facility, or hemp manufacturing and testing facility. The 600-foot separation distance shall be measured in a straight line, without regard to intervening structures, from the closest wall of an existing or proposed medicinal cannabis retailer and boundary or wall of any public park, religious institution, child day care facility, school, another medicinal cannabis retailer, hemp storge facility, or hemp manufacturing and testing facility.

C.

Operations plan required. An applicant for a medicinal cannabis retailer conditional use permit shall be required, prior to conditional use permit approval, to submit to the police chief an operations plan that implements the operations standards set forth in this section. The operations plan shall be revised to include additional operational security measures the police chief finds reasonably necessary to protect public health and safety, when considering the location and size of the proposed non-storefront, delivery only medicinal cannabis retailer.

D.

Operations standards.

1.

To operate, non-storefront, delivery only medicinal cannabis retailer must obtain and maintain both licensure from the California Department of Consumer Affairs and a city business license.

2.

It is unlawful for alcohol or tobacco to be sold.

3.

All operations and storage must be within enclosed buildings. It is unlawful for medicinal cannabis or medicinal cannabis products to be publicly visible from the exterior of the property.

4.

Each medicinal cannabis retailer must provide the city manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.

5.

Uniformed security personnel must be employed by the medicinal cannabis retailer to monitor all entrances and exits during all hours of operation. Every security guard employed by or provided by the retailer must be currently licensed by the California Bureau of Security and Investigative Services and in possession of a valid "guard card." The number of such security personnel must be set forth in the operations plan.

6.

Odor control devices and techniques must be incorporated to ensure that odors from medicinal cannabis and medicinal cannabis products are not detectable outside of the building or in any tenant space or area adjacent to the building.

7.

All law enforcement personnel seeking admission to the premises for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the permittee and included within the operations plan.

8.

The premises must have a professionally installed, maintained, and monitored alarm system as approved through the operations plan.

9.

All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with the provisions of the California Retail Food Code (Health and Safety Code Section 113700, et seq.). All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Ventura County Department of Public Health may inspect the retailer at any time during business hours to ensure compliance with state and local laws. Copies of any Ventura County Department of Public Health correction notices must be submitted to the city manager within 24 hours of receipt of such notices.

10.

No delivery driver may carry more than $200.00 in cash while engaged in the service of delivering medicinal cannabis or medicinal cannabis products.

11.

On-site customer sales are prohibited.

12.

A video surveillance system must be included and maintained for the life of the operation. At a minimum, the system shall include exterior cameras that cover front and rear entrances, and parking and loading areas used by the business visitors, employees, or delivery services. Interior cameras must be provided and, at a minimum, must cover the front and rear entrance and exits. The video surveillance system shall have the ability to be viewed remotely by the police department and must store video footage for a minimum of 30 days.

(Ord. No. 25-976, § 8, 3-25-2025)

6.04.18 - Property development standards. ¶

6.04.1801 - Purpose. ¶

The following provisions are intended to ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the general plan.

6.04.1805 - General standards. ¶

All new or modified structures, including the enlargement, expansion or alteration of the exterior of an existing structure, shall conform with all of the following standards prior to construction, unless specifically exempted. All existing and new uses shall comply with the following operational standards (i.e., dust and dirt, fumes, glare, etc.) as determined applicable by the director:

1.

Access

2.

Antennae

3.

Design Considerations

4.

Dust and Dirt

Environmental Assessment

6.

Exterior Structure Walls

7.

Fences, Walls, Hedges and Corner Obstructions

8.

Fire Protection

9.

Fumes, Vapor and Gases

10.

Glare and Heat

11.

Hazardous Material

12.

Height Determination

Lighting

Noise Attenuation 15.

Odor 16.

Projections into Setbacks 17. Radioactivity 18. Screening 19.

Security Doors/Gates 20.

Solar Energy 21.

Storage 22.

Toxic Substances 23.

Trash/Recyclable Materials

Undergrounding of Utilities 25.

Vibration

These standards apply to more than one zoning district, and therefore, are combined in this section. Also, these standards shall be considered in conjunction with the standards located in the specific zoning district sections.

1.

Access. Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement (with a minimum width of twelve feet for access serving only one residential unit and twenty feet for access serving two or more units), or recorded reciprocal access agreement. The minimum width for a commercial or manufacturing/industrial use shall be twenty feet.

2.

Antennae Development Standards. This subsection shall govern the location, construction, installation, maintenance and operation of satellite (residential and non-residential), cellular and amateur radio antennae. Normal/typical television antennae or satellite dishes with a maximum diameter of eighteen inches are not regulated by this subsection.

A.

General Standards. All satellite antennae, including portable units and dish antennae, shall be designed, installed, treated, operated and maintained in the following manner:

(1)

Plans for an antenna shall be submitted with an application for a building permit, which shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening. The plans shall be subject to the approval of the director;

(2)

Generally, no antennae shall be placed or permitted to remain above the roof of any structure or installed anywhere on the ground, so as to be visible from neighboring properties or public rights-of-way;

(3)

No antennae shall be located within any required front or street side yard setbacks in any zoning district. In addition, no portion of an antenna shall extend beyond the property lines;

(4)

The antennae and supporting structure shall be painted a single, neutral, non-glossy color (i.e., earthen tones [off-white, creme, beige, green]) in order to blend with the adjacent improvements on site and, to the extent possible, to be compatible with the appearance and character of the surrounding neighborhood;

(5)

All electrical and antennae wiring shall be placed underground whenever possible; and

(6)

All antennae, appurtenances, landscaping and screening shall be maintained in good condition and in compliance with all of the requirements of this Subsection.

B.

Residential Zoning District Standards. In any residential zoning district, all satellite antennae shall be subject to the following standards:

(1)

Only ground-mounted antennae shall be permitted and the antennae shall be located in the rear of the parcel. This provision may be modified by the director if strict compliance would result in no/poor satellite reception. However, the maximum diameter of a non-ground-mounted antenna shall be three feet;

(2)

The location and height of the antenna shall comply with all requirements of the underlying zoning district for accessory structures;

(3)

Only one antenna may be permitted on any parcel;

(4)

The antenna shall be separated from adjacent properties by at least a six-foot high solid wall or fence or by natural plants or trees of equal minimum height and planted to provide maximum screening, subject to approval of the director;

(5)

The diameter of the ground-mounted antennae shall not exceed ten feet;

(6)

The antennae shall be sited to ensure compatibility with surrounding development and not adversely effect the neighborhood; and

(7)

The antenna shall be used for private, noncommercial, purposes only.

C.

Non-Residential Zoning District Standards. In any non-residential zoning district, satellite antennae may be roof or ground-mounted. These antennae shall be subject to the following standards:

(1)

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

(2)

If ground-mounted, the antennae shall not be located between a structure and a front parcel line and shall be screened from public view and adjacent properties by at least a six-foot high solid wall or fence or by natural plants or trees of equal minimum height and planted to provide maximum screening subject to approval of the director;

(3)

The location and height of the antenna shall comply with all requirements of the underlying zoning district. The height provision may be modified by the director if strict compliance would result in no/poor satellite reception and a site specific visual analysis would support a taller installation;

(4)

If the subject parcel abuts a residential zoning district/use, all antennae shall be placed a minimum of fifteen feet from any property line abutting the residential district/use; and

(5)

The diameter of the ground-mounted antennae shall not exceed twelve feet.

D.

Cellular Radiotelephone Communication Facilities. All cellular radiotelephone communication facilities shall be designed, constructed, installed, treated, operated and maintained in the following manner:

(1)

A cellular radiotelephone communication facility is the equipment, including towers and antennae, necessary to accommodate a cellular communications system as defined by the Federal Communications Commission (FCC) and which is regulated by the State Public Utilities Commission (PUC);

(2)

Plans for the facility shall be submitted with an application for a development permit, which shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details and landscaping. The plans shall be subject to the approval of the director;

(3)

All city agencies, special districts and utility providers shall be encouraged to permit co-location of cellular equipment on appropriate existing structures/towers subject to reasonable engineering requirements;

(4)

No equipment shall be located within any required front or street side yard setbacks in any zoning district. In addition, no portion of the equipment shall extend beyond the property lines;

(5)

The maximum height of ground-mounted equipment (antennae/tower) shall not exceed thirty-five feet in a residential zoning district and sixty-five feet in a non-residential zoning district. This provision may be modified by the director if strict compliance would result in no/poor service.

(6)

The maximum height of the equipment (antennae/ tower) located on the roof of a structure shall not exceed 25 feet or the setback from the nearest roof edge, whichever is less. This provision may be modified by the director if strict compliance would result in no/poor service.

(7)

The maximum height of the equipment (antennae without a tower) located on the structure's facade shall not exceed ten feet above the height of the structure or the height of the structure plus the horizontal distance from the antennae to the edge of the roof, whichever is less. This provision may be modified by the director if strict compliance would result in no/poor service.

(8)

If the subject parcel abuts a residential zoning district/use, all equipment shall be placed a minimum of twenty-five feet from any parcel line abutting the residential district/use, and properly screened subject to the approval of the director;

(9)

Identification signs, including emergency phone numbers of the cellular service provider, shall be posted at all equipment/tower sites;

(10)

Landscaping, fencing and other improvements required by the director shall be installed prior to the issuance of an occupancy clearance;

(11)

The equipment and supporting structure shall be painted a single, neutral, non-glossy color (i.e., earthen tones [off-white, cream, beige, green]) in order to blend with the adjacent improvements on site and, to the extent possible, to be compatible with the appearance and character of the surrounding neighborhood;

(12)

All electrical and equipment wiring shall be placed underground whenever possible;

(13)

All equipment, appurtenances and landscaping shall be maintained in good condition and in compliance with all of the requirements of this subsection; and

(14)

All unused/obsolete equipment/towers shall be removed from the site within six months after their need/operation has ceased.

E.

Amateur Radio Antennae Standards. Single pole/tower amateur radio antennae shall be installed in the following manner:

(1)

The maximum height shall not exceed 35 feet in a residential zoning district and 50 feet in a non-residential zoning district measured from the finished grade of the parcel. This provision may be modified by the Director if strict compliance would result in no/poor reception and a site specific visual analysis would support a taller installation;

(2)

The boom or any component shall not exceed thirty feet in length; and

(3)

The antennae may be roof or ground-mounted.

F.

Effects of Development on Antenna Reception. The city shall not be held liable if subsequent development impairs antenna reception.

G.

Variances from Standards. Antennae not complying with the requirements of this subsection may be authorized only in compliance with the granting of a variance, in compliance with Section 6.04.64. Any variance so granted is revocable for failure by the applicant or property owner to comply with the conditions imposed, as well as the other findings outlined in Subsection 6.04.6425. A variance may be issued for an antenna only if it meets the following findings/standards, in addition to those outlined in Subsection 6.04.6425:

(1)

Locating the antenna in conformance with the specifications of this subsection would obstruct the antenna's reception window (i.e., the area within the direct line between the satellite antenna and those orbiting communication satellites carrying available programming, other cellular facilities within the same cell/grid, etc.) or otherwise excessively interfere with the reception, and the obstruction or interference involves factors beyond the applicant's control; or, the cost of meeting the specifications of this subsection is excessive, as determined by the director, given the cost of the proposed antenna;

(2)

The variance application includes a certification that the proposed installation is in compliance with applicable building code regulations. Furthermore, the application shall contain written documentation of this compliance, including load distributions within the support structure and certified by a registered engineer; and

(3)

If it is proposed that the antenna will be located on the roof, where possible, the antenna shall be located on the rear portion of the roof with appropriate screening consistent with the architectural character/style and materials of the structure.

3.

Design considerations. The following standards are in addition to the specific development standards contained in the individual zoning district sections:

A.

The proposed development shall be of a quality and character which is consistent with any adopted design guidelines and policies including, but not limited to, bulk, colors, compatibility, height, materials, roof pitch, scale and the preservation of privacy;

B.

The project design shall improve community appearance by avoiding excessive variety and monotonous repetition;

C.

Proposed signs and landscaping shall be integral design elements which do not overwhelm or dominate the project;

D.

Lighting shall be energy efficient, stationary, shielded and directed away from all adjacent properties and public rights-of-way;

E.

Mechanical equipment, storage, trash areas, and utilities shall be located out of public view or architecturally screened to the satisfaction of the director;

F.

Site access, parking, loading and drive aisles shall be designed in a safe and efficient manner;

G.

The proposed project shall be designed to protect sensitive land uses by promoting a harmonious and compatible transition in terms of scale/character between areas of different land uses/zoning districts;

H.

All structure elevations shall be architecturally treated/enhanced appropriate to the structure's use;

I.

Accessory structures shall be architecturally compatible with both the primary (on-site) and adjacent/surrounding structures;

J.

Both sides of all perimeter walls or fences shall be architecturally treated;

K.

Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used only on a portion of the structure perimeter) are prohibited. Mansard roofs shall wrap around the entire structure perimeter whenever a freestanding structure is proposed;

L.

Additions/alterations to existing structures shall be substantially the same in appearance (or an

improvement, if determined necessary by the director) as the original, to the greatest extent possible, especially use of exterior color, materials and roof line(s); and

M.

Except for single-family dwellings, no portion of a parcel shall be unimproved at the time of occupancy. All unpaved areas shall be graded, planted and properly maintained at all times in compliance with Section 6.04.28 (Landscaping standards).

4.

Dust and dirt. All land use activities (i.e., construction, grading gardening and operation) shall be conducted so as to create as little dust or dirt emission beyond any boundary line of the parcel as possible. To ensure that this occurs, appropriate grading procedures shall include, but are not limited to, the following:

A.

Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (i.e., construction, paving or planting) will occur as soon as possible after grading;

B.

Do not perform any grading activities when the wind speed exceeds twenty-five miles per hour;

C.

Disturb as little native vegetation as possible;

D.

Water graded areas as often as necessary or hydro seed and install a temporary irrigation system, subject to the approval of the director;

E.

Revegetate graded areas as soon as possible to minimize dust and erosion; and

F.

Construct appropriate walls or fences to permanently contain the dust and dirt within the parcel, subject to the approval of the Director.

5.

Environmental resources/constraints. All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA).

6.

Exterior Structure Walls. The following standards shall apply to all exterior structure wall construction:

A.

Since structure walls tend to be the main architectural and visual feature in any major development, restraint shall be exercised in the number of permissible finish materials. The harmony of materials and particularly color treatment is essential to achieve unity in the project;

B.

The following elements are deemed unacceptable in any development and shall be prohibited:

(1)

Nonanodized and unpainted aluminum finished window frames, unless it can be demonstrated, to the satisfaction of the Review Authority, that these elements are consistent with the structure's overall design character, as well as the character of the surrounding area;

(2)

Metal Grilles and Facades. However, grilles and facades of unique design and in keeping with the general decor of the development and neighborhood may be allowed subject to the approval of the review authority; and

(3)

Aluminum or other metal panels, or reflective "mirror" type glass windows/panels, unless it can be demonstrated, to the satisfaction of the review authority, that these elements are consistent with the

structure's overall design character, as well as the character of the surrounding area, and do not adversely affect the pedestrian/vehicular environment.

C.

Exterior walls shall be constructed, treated and maintained in compliance with Municipal Code Chapter 15.25 (Graffiti).

7.

Fences, Walls, Hedges and Corner Obstructions. The following standards shall apply to the installation of all fences, walls and hedges:

A.

On a corner parcel, no fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over thirty-six inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a traffic safety-sight area.

This provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least six feet above the elevation of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this ordinance becomes effective; and official warning signs or signals;

B.

A maximum six-foot (or eight-foot when required by the director) high fence, wall, or hedge may be located anywhere on a parcel except in a traffic safety-sight area, required front setback or street-side setback. The maximum height in these locations shall be thirty-six inches or as required by other provisions of this ordinance;

C.

When there is a difference in the ground level between two adjoining parcels, the height of any fence/wall constructed along the common property line shall be determined by using the finished grade of the highest contiguous parcel;

D.

Perimeter fences/walls shall have articulated planes by providing at a minimum for every one hundred feet of continuous wall a five-foot deep by six-foot long landscaped recession. The design may include an appropriate mix of materials and finish subject to the approval of the director;

E.

The provisions of this subsection shall not apply to a fence/wall required by any law or regulation of the city, state, or any agency thereof;

The use of barbed wire, electrified fence, or razor wire fence in conjunction with any fence, wall, or hedge, or by itself is allowable only in the MPD zoning district, subject to the approval of the director and is prohibited within any other zoning district, unless required by any law or regulation of the city, state, or any agency thereof;

G.

Chain link fencing is permitted only in the RPD, MPD and P-F zoning districts as follows:

(1)

Generally, the chain link fencing may only be located along the side property line, behind the front yard setback, and along the rear property line when planted with vegetation of sufficient density and height to screen the fence from adjacent parcels and public areas. Additionally, chain link fencing with neutral colored wooden slats may be used for outdoor storage areas if the fence would not be readily visible from any public rights-of-way;

(2)

In the RPD zoning districts chain link fencing may be allowable within the front yard setback, to a maximum height of four feet, subject to the approval of the director;

(3)

In the MPD and P-F zoning districts the chain link fence design/construction is subject to the approval of the director; and

(4)

Chain link fencing may be used in conjunction with swimming pools and tennis courts, private and commercial, and where it is required by any law or regulation of the city, state, or any agency thereof.

H.

Six-foot high (eight-foot high when required/approved by the director) fencing/walls are required to be installed adjacent to individual dwellings when adjoining public parks, open spaces and/or major rights-ofway. The permanent fencing/walls are to be provided by the applicant prior to the completion of construction, and the design/construction shall be subject to the approval of the director; and

I.

Fences and walls shall be constructed, treated and maintained in compliance with Municipal Code Chapter 15.25 (Graffiti).

8.

Fire Protection. All structures and uses shall meet the requirements of the fire department.

9.

Fumes, Vapor, Gases, and Other Forms of Air Pollution. If any existing or proposed use produces emissions which can cause damage to human health, animals, vegetation or other forms of property in quantities that can or may be readily detectable at any point along or outside the boundary lines of the subject parcel, the use responsible shall have the source of the contaminant properly controlled in order to prevent, to the maximum extent feasible, the issuance, continuance or recurrence of any emission detectable beyond the boundary lines of the subject parcel. All emissions shall be in compliance with the Ventura County Air Pollution Control District, the Ventura County Environmental Health Department and Regional Water Quality Control Board permits/regulations.

10.

Glare and heat. Any existing or proposed use that emits glare or heat which constitutes or may be considered a nuisance/hazard on any adjacent property (i.e., arc welders, acetylene torches, furnaces or similar equipment) shall incorporate a shield or control all sources of glare or heat in order to prevent the issuance, continuance or recurrence of the nuisance/hazard.

11.

Hazardous Materials. The following standards are intended to ensure that the use, handling, storage and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et. seq.). It is not the intent of these provisions to impose additional restrictions on the management of hazardous wastes, which would be contrary to state law, but only to require reporting of information to the city that shall be provided to other public agencies.

For the purposes of this subsection, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.

A.

A conditional use permit shall be required for any new commercial, industrial, institutional or accessory use, or major addition (over twenty-five percent) to an existing use, that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions:

(1)

Underground storage of bulk flammable and combustible liquids; and

(2)

Hazardous substances in container sizes of 10 gallons or less that are stored or maintained for the purpose of retail or wholesale sales.

B.

All businesses required by state law (Health and Safety Code, Chapter 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the Director at the

same time these plans are submitted to the fire department which is responsible for administering these provisions;

C.

Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Chapter 6.7; and Section 79.113(a) of the Uniform Fire Code.) Any business that uses underground storage tanks shall comply with the following notification procedures:

(1)

Notify the fire department of any unauthorized release of hazardous substances immediately after the release has been detected and the steps taken to control the release; and

(2)

Notify the fire department and the director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

D.

Above-ground storage tanks for any flammable liquids shall be allowed only at refinery or bulk storage plant locations, subject to the approval of the fire department; and

E.

All structures subject to the provisions of this ordinance as well as all newly created parcels shall be designed to accommodate a setback of at least one hundred feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the Director can make one or more of the following findings:

(1)

The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;

(2)

A one hundred-foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements; or

(3)

A hazardous liquid containment system or other mitigating facility shall be constructed, and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer.

For the purpose of this subsection, a pipeline is defined as follows:

(1)

A pipe with a nominal diameter of six inches or more, that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage or manufacturing facility; or

(2)

A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventy-five pounds for each square inch that carries gas.

A subdivider of a development within five hundred feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size and type of pipeline.

12.

Height Determination (Structures). All structures shall meet the following standards relating to height:

A.

The structure's height shall not exceed the standard for the zoning district in which it is located. The structure height shall be determined from the "finished grade" of the parcel (at a point within five feet of the exterior wall[s] of the structure) to the highest ridgeline of the structure, excluding architectural features not exceeding a height of three feet, including towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerials, television antennas and similar architectural and utility structures;

B.

Final pad elevations shall be reviewed and approved by the director based on the following criteria:

(1)

Flood control;

(2)

Site drainage;

(3)

View shed protection from both public and private property;

(4)

Protection of privacy of surrounding parcels including consideration of the location of balconies, decks, doors and windows;

(5)

Structure setback in relationship to structure height and property lines;

(6)

Sightline and structure envelope analysis;

(7)

Sewer line grade and location;

(8)

Necessary slopes and retaining walls; and

(9)

General visual relationship between site and surrounding areas.

C.

Perimeter fences/walls, shall not exceed six feet (or eight feet when required by the director) in height in compliance with Subsection 6.04.1805(7).

D.

Architectural walls integral to the structure design, and attached to the structure, may exceed six feet in height, subject to the approval of the director; and

E.

Free-standing, ground mounted flag poles may not exceed thirty-five feet in height.

13.

Lighting. Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are confined, to the maximum extent feasible, within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Security lighting shall be provided at all entrances/exits except in the RPD R&L zoning districts.

14.

Noise Attenuation. Certain noise levels are detrimental to the health and safety of individuals and are considered a public nuisance. The city strongly discourages unnecessary, excessive, or annoying noises from all sources.

A.

Excessive Noise Prohibited. It shall be unlawful for any person to willfully make or continue, or willfully cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or district or constitutes a public nuisance.

B.

Exterior Noise Standards. Each developer/operator shall be responsible for the attenuation/mitigation of noise produced by the use or operation. The following noise levels (identified as mitigation measures in the 1989 General Plan EIR [page 2-20]) are the maximums permitted in the city.

Time Period	Maximum Noise Level*
7:00 a.m.—7:00 p.m.	68 dBA
7:00 p.m.—10:00 p.m.	50 dBA
10:00 p.m.—7:00 a.m.	45 dBA

*As measured at the property line of the noise source.

Wherever appropriate, consultation with a noise specialist to identify appropriate mitigation measures (i.e., insulation of structure walls, proper equipment footings/base, etc.) may be required by the Director. Additionally, the Department may require specific information and/or a complete noise study to assess a potential noise-producing activity.

Any noise measurement made in compliance with this subsection shall be made with a sound level meter using the "A" weighted network (scale). Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

C.

General Regulations.

(1)

Loading and Unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to a residential zoning district.

(2)

Vehicle Repairs and Testing. No person shall cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle, motorcycle, motorboat, or other motorized vehicle in a manner as to cause a noise disturbance between the hours of 8:00 p.m. and 7:00 a.m. within or adjacent to any residential zoning district.

(3)

Parking and landscape areas. Parking and landscape area activities, (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing, etc.) shall not effect residential uses. No parking area or landscape maintenance shall occur between the hours of 8:00 p.m. and 7:00 a.m. which would cause a noise disturbance to a residential zoning district.

D. Residential Design Requirements.

(1)

Whenever a residential project is proposed on a site where the existing exterior ambient noise level exceeds sixty-five dBA, features shall be incorporated into the design of the structure(s) that will produce interior noise levels below forty-five dBA CNEL.

(2)

All residential developments shall incorporate the following noise mitigation measures whenever appropriate:

(a)

Increase the distance between the noise source and receiver;

(b)

Locate land uses not sensitive to noise (i.e., parking lots, garages, maintenance facilities, utility areas, etc.) between the noise source and the receiver;

(c)

Locate bedrooms on the side of the structure away from major public rights-of-way; and

(d)

Create quiet outdoor spaces in multi-family projects by creating a U-shaped development that faces away from the public right-of-way.

(3)

The minimum acceptable surface weight for a noise barrier is four pounds for each sq. ft. (equivalent to ¾- inch plywood). The barrier shall be of a continuous material that is resistant to sound, and may include the following:

(a)

Masonry block;

(b)

Precast concrete; or

(c)

Earth berm or a combination of earth berm with concrete block.

(4)

Noise barriers shall interrupt the line-of-sight between the noise source and the receiver.

E.

Exceptions To Provisions. The following activities shall be exempted from the provisions of this subsection:

(1)

Activities conducted on the grounds of any public or private school, or public park/playground;

(2)

Outdoor gatherings, public dances and shows, provided the events are conducted in compliance with a permit issued by the city;

(3)

Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

(4)

Noise sources associated with construction, repair, remodeling, or grading of any real property, provided the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a major state or federal holiday;

(5)

Noise sources associated with the maintenance of real property, provided the activities do not take place between 8:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or earlier than 9:00 a.m. on Sundays and state or federal holidays; and

(6)

Any activity that has been preempted by local, regional, state or federal law.

15.

Odor. Any existing or proposed use producing odors or noxious matter in quantities that can or may become a public nuisance/hazard shall have the source of the contaminant controlled in order to prevent the issuance, continuance or recurrence of any emission detectable beyond the boundary lines of the subject parcel.

16.

Projections/Construction/Equipment. Standards governing allowable projections into permitted setbacks are outlined in subsection 6.04.0415(2.A).

Radioactivity or Electric Disturbance. Any existing or proposed use that can or may generate any electrical disturbances or produce any radioactive emanations that can or may be considered a nuisance/hazard shall shield or control the source of the electrical/radioactive emanations in order to prevent the issuance, continuance or recurrence of any hazardous or disturbing emanations.

18.

Screening. Wherever a parcel zoned for commercial or industrial purposes abuts a residential zoning district/use, there shall be erected along the property line abutting the residential zoning district/use a 6 foot high (eight-foot high when required/approved by the director) solid decorative masonry wall. The wall shall be architecturally treated on both sides, subject to the approval of the director.

Any equipment, whether on the roof, side of structure, or ground, shall be properly screened from public view. The method of screening shall be architecturally compatible in terms of colors, materials, shape, and size. The screening design/construction shall be subject to the approval of the director and shall blend with the design of the structure and include appropriately installed/maintained landscaping when on the ground.

19. Security Doors/Gates.

A.

This subsection applies only to commercial and industrial zoning districts/uses and not to residential zoning districts/uses. For the purpose of this Subsection, the following definitions shall apply:

(1)

Accordion Doors/Gates. Security doors/gates used for protection/separation purposes which fold out in a manner similar to an accordion. This type of security door/gate is also known as a "scissor gate";

(2)

Roll-Up Doors/Gates. Security doors/gates used for protection/ separation purposes which roll up into the ceiling or a hood enclosure; and

(3)

Grille Roll-Up Doors/Gates. Security doors/gates used for protection/separation purposes which meet the definition of a roll-up door/gate with the exception that it is composed of horizontal tubes running the full width of the door/gate connected with vertical links to form a mesh. This type of roll-up door/gate shall be a maximum of 20 percent solid.

B.

Security doors/gates shall be permitted only on the interior of the structure or tenant space, except as follows:

(1)

Garage roll-up doors/gates shall be permitted on the exterior of the structure only when in conjunction with a vehicle service/repair facility. These doors/gates shall be permitted on the repair bays only; and

(2)

Loading roll-up doors/gates shall be permitted on the rear of a structure only. The director may permit the doors/gates on the front or side if vehicular access is available only on the front or side respectively.

C.

Any security door/gate which is legally or illegally in existence on the effective date of this subsection, and which does not conform to these provisions, shall be removed or modified to conform to these provisions within two years of the effective date of this subsection; and

D.

All permitted roll-up doors/gates shall be installed so that the hood enclosure is either integrated into the structure or hidden from view from all adjoining public rights-of-way.

20.

Solar Energy Development Standards. Passive heating and cooling opportunities should be incorporated in all developments in the following manner:

A.

All future structures should be oriented to maximize solar access opportunities;

B.

Lot sizes/configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within forty-five degrees of due south, while permitting the structures to receive cooling benefits from prevailing breezes and existing and proposed shading;

C.

Any pool or spa facilities owned and maintained by a homeowner's association shall be equipped with a solar cover and solar water heating system;

D.

Roof-mounted solar collectors shall be placed in the least conspicuous location without reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted collectors shall be screened from public view, to the maximum extent feasible;

E.

Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof;

Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible;

G.

Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be colorcoordinated to harmonize with roof materials and other dominate colors of the structure; and

H.

No structures (building, wall, fence, etc.) should be constructed or vegetation placed or permitted to grow, so as to obstruct solar access on an adjoining parcel.

21. Storage.

A.

There shall be no visible storage of motor vehicles (parked at the same location for a period exceeding forty-eight continuous hours), trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; or building or manufacturing materials on any portion of a parcel, with the exception of recreational vehicles in compliance with Subsection 6.04.3440(5) storage shall occur on any vacant parcel;

B.

No vehicles may be stored or displayed for sale on any vacant parcel or at any vacant or operational nonresidential location, except by an employee during normal working hours or as part of a permitted used vehicle sales operation; and

C.

Building materials for use on the same premises may be stored on the parcel only during the time that a valid Building Permit is in effect for construction.

22.

Toxic Substances And Wastes. No use may operate that utilizes toxic substances or produces toxic waste without the approval of a conditional use permit, in compliance with Section 6.04.70. Prior to consideration of an application for a conditional use permit, the operator shall prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances. This plan shall be approved with conditions by the review authority as part of the permit review process.

23.

Trash/Recyclable Materials Storage. The following provisions establish standards for the construction/operation of trash and recyclable material storage areas in compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

"Recyclable material," also referred to as "recyclables" is reusable material including, but not limited to, glass, metals, paper and plastic which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous waste or hazardous waste materials. "Trash" is the remaining solid waste.

The department shall not issue any ministerial/discretionary permit for new construction/remodeling unless the permit is in compliance with this subsection. The applicant shall provide a complete set of plans illustrating compliance with the following standards:

A.

Residential Structures. Multi-family residential developments (with 5 or more dwelling units) within all residential zoning districts shall provide trash and recyclable material storage areas as follows:

(1)

Internal Storage Requirements. Each dwelling unit shall include an area with a minimum of six cubic feet designed for the internal storage of trash and recyclable material. A minimum of three cubic feet shall be provided for the storage of trash and a minimum of 3 cubic feet shall be provided for the storage of recyclable material; and

(2)

Exterior Storage Requirements. The following are minimum exterior trash and recyclable material storage area requirements. These requirements apply to each individual structure.

TRASH AND RECYCLABLE MATERIALS STORAGE REQUIREMENTS RESIDENTIAL STRUCTURES

Dwelling Units	Trash	Recyclables	Total Area
2—6	2 sq. ft.	12 sq. ft.	24 sq. ft.
7—15	24	24	48
16—5	48	48	96
26—5	96	96	192
51—75	144	144	288
76—100	192	192	384
101—125	240	240	480
126—150	288	288	576
151—175	336	336	672
176—200	384	384	768
201+	Every additional 25 dwelling units shall require an additional 48 sq. ft. for trash and 48 sq. ft. for recyclables.
---	---

B.

Non-Residential Structures/Uses. Non-residential structures/uses within all zoning districts shall provide exterior trash and recyclable storage areas. The following are minimum exterior storage area requirements. These requirements apply to each individual structure.

TRASH AND RECYCLABLE MATERIALS STORAGE REQUIREMENTS NON-RESIDENTIAL STRUCTURES

Structure Size (Sq. Ft.)	Trash	Recyclables	Total Area
0—5,000	12 sq. ft.	12 sq. ft.	24 sq. ft.
5,001—10,000	24	24	48
10,001—25,000	48	48	96
25,001—50,000	96	96	192
50,001—75,000	144	144	288
75,001— 100,000	192	192	384
100,001+	Every additional 25,000 sq. ft. shall require an additional 48 sq. ft. for trash and 48 sq. ft. for recyclables.

C.

Exterior trash and recyclable material storage shall be adjacent/combined with one another and may only be located on the outside of a structure, or in a designated interior court/yard area with appropriate access, or in rear yards and interior side yards. Exterior storage area(s) shall not be located in any required front yard, street side yard, any required parking/landscaped/open space areas or any area(s) required by the Municipal Code to be maintained as unencumbered;

D.

The storage area(s) shall be accessible to residents and employees. Each storage area within a multi-family residential development shall be no greater than two hundred fifty feet from each dwelling unit;

Driveways/aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector/hauler. In all cases where a parcel is served by an alley, all exterior storage area(s) shall be directly accessible to the alley;

F.

The storage area(s), and the individual bins/containers provided within, shall be adequate in capacity, number and distribution to serve the anticipated demand;

G.

The design/construction of the storage area(s) shall:

(1)

Be compatible with the surrounding structures and land uses;

(2)

Be properly secured to prevent access by unauthorized persons;

(3)

Contain a concrete pad within the fenced/walled area(s) and a concrete apron which facilitates the handling of the individual bins/containers; and

(4)

Protect the areas and the individual bins/containers provided within from adverse environmental conditions which might render the collected materials unmarketable.

H.

Dimensions of the storage area(s) shall accommodate containers consistent with the current methods of collection. The storage area(s) shall be appropriately located and screened from view on at least three sides by a solid wall six feet in height and on the fourth side by a solid, reinforced gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The design of the wall and gate shall be architecturally compatible with the surrounding structures and subject to the approval of the director;

I.

A sign clearly identifying each exterior trash and recyclable material storage area and the acceptable material(s) is required. Each sign shall not exceed one square foot in area and shall be posted on the exterior of the storage area, adjacent to all access points; and

J.

Trash receptacles for single-family homes should be stored within the enclosed garage or behind a fence or dense landscaping.

24.

Undergrounding of Utilities. Utilities shall be placed underground in compliance with Chapter 5.12 of the Municipal Code. In the event an above ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and/or landscaping and not located in any sidewalk area. If it cannot be screened to the satisfaction of the director, it shall be located in an underground vault. The city manager may waive any portion of this subsection if topographical, soil, or similar physical or economic conditions make the undergrounding unreasonable/impractical.

25.

Vibration. Any existing or proposed use generating mechanical vibrations that can or may be considered a nuisance/hazard on any adjacent parcel shall have the source of the vibration muffled or controlled in order to prevent the issuance, continuance or recurrence of the disturbing vibrations.

(Ord. No. 18-897, § 4, 12-11-2018)

6.04.1810 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.70 Conditional use permits.

2.

Section 6.04.66 Development permits.

3.

Section 6.04.28 Landscaping standards.

4.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

Section 6.04.32 Off-street loading standards.

8.

Section 6.04.34 Off-street parking standards.

9.

Section 6.04.38 Sign standards.

10.

Section 6.04.58 Temporary use permits.

11.

Section 6.04.64 Variances.

6.04.20 - Bed and breakfast establishments.

6.04.2001 - Purpose.

To establish standards for the development/operation of bed and breakfast establishments.

6.04.2005 - Applicability. ¶

Bed and breakfast (B&B) establishments are permitted in the CBD zoning district and are allowable in the RPD, CBD, CO and CH zoning districts subject to the approval of a conditional use permit. B&B establishments shall be developed/operated in the following manner:

1.

The parcel upon which the B&B establishment is to be developed/operated shall conform to all standards of the RPD, CBD, CO and CH zoning districts, respectively;

2.

In the RPD zoning districts, the B&B shall be an incidental/secondary use of a primary dwelling unit for business purposes. The intent of these provisions is to ensure that compatibility between the B&B and adjacent residential zoning districts/uses is maintained/enhanced;

3.

In the RPD zoning districts, the B&B shall not be located within three hundred feet of another B&B so as to preclude the proliferation/concentration of B&B's in a single neighborhood;

4.

In the RPD zoning districts, the exterior appearance of the structure housing the B&B shall not be altered from its original single-family character;

In the RPD zoning districts, the owner/lessee of the structure housing the B&B shall operate the establishment and reside on site;

6.

Service shall be limited to the rental of bedrooms. Meal service shall be limited to the provision of meals for registered guests;

7.

In the RPD-L zoning district, a maximum of five bedrooms shall be made available for rent. A B&B having more than five bedrooms available for rent may be approved by the commission if the structure housing the B&B is designated a historical landmark;

8.

There shall be no additional food preparation areas for the guests;

9.

No receptions, private parties or activities, for which a fee is paid or which is allowable as a condition of room rental, shall be permitted;

10.

Each guest shall register upon arrival, stating their date of occupancy, name, current residence address and the license plate number of the vehicle that is being used by the guest. The registration form shall be kept by the owner/operator for a period of two years and shall be made available for examination by appropriate city representatives upon one day's notice;

11.

A current city business license shall be maintained/displayed in compliance with Chapter 7.04 of the Municipal Code;

12.

All B&B's shall be subject to the city's transient occupancy tax in compliance with Chapter 3.12 of the Municipal Code;

13.

Off-street parking shall be provided at a ratio of one space for each bedroom available for rent in addition to the parking required for the primary dwelling unit. This parking shall not be located within the required front setback;

14.

Signs shall be limited to one on-site sign not to exceed four sq. ft. in area and shall be installed/maintained in compliance with Section 6.04.38 (Sign standards). In the event of alley access to a guest parking area, a

second sign, not to exceed two sq. ft. in area, may be approved by the director in order to identify the parking area; and

15.

The B&B shall meet all of the requirements of the fire department.

6.04.2010 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.70 Conditional use permits. ¶

2.

Section 6.04.66 Development permits.

3.

Section 6.04.54 Home occupation permits.

4.

Section 6.04.28 Landscaping standards.

5.

Section 6.04.68 Minor conditional use permits.

6.

Section 6.04.60 Minor modifications.

7.

Section 6.04.62 Minor variances.

8.

Section 6.04.32 Off-street loading standards.

9.

Section 6.04.34 Off-street parking standards.

Section 6.04.38 Sign standards.

Section 6.04.58 Temporary use permits. ¶

Section 6.04.64 Variances. ¶

6.04.21 - Short-term vacation rentals. ¶

6.04.2101 - Purpose.

1.

The purpose of this section is to establish appropriate standards for private short-term vacation rentals of single-family dwellings as an alternative to the hotel, motel and bed and breakfast accommodations currently existing in the city; to minimize the negative secondary effects of short-term vacation rental uses on surrounding residential neighborhoods; and, to retain the character of the neighborhoods in which any short-term vacation rental use occurs. This section is not intended to regulate hotels, motels, and bed and breakfast establishments.

2.

This section is not intended to provide any owner with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit use of such residential property for short-term vacation rental purposes.

(Ord. No. 16-862, § 7, 6-14-2016)

6.04.2105 - Definitions. ¶

For the purpose of this section, the following definitions shall apply:

1.

"Occupant." Any transient who rents for occupancy a short-term vacation rental for any form of payment for a period of less than thirty days.

2.

"Owner." Any person who owns the property on which the short-term vacation rental is located.

3.

"Short-term vacation rental." A residential structure that is rented for occupancy for dwelling, lodging, or sleeping purposes for any form of payment to a transient for a period of less than thirty days. The full residential structure, or a portion of it, can be rented to a transient in a short-term vacation rental use. This classification includes both hosted rentals (the owner, is present in the dwelling unit that is being used as a short-term vacation rental) and non-hosted rentals (the owner is not present in the dwelling unit that is being used as a short-term rental). A residential structure meeting the definition of a short-term vacation

rental shall be considered a commercial establishment for purposes of the definition of a "Hotel" as that term is used in Section 3.12.015 of the Municipal Code.

4.

"Transient." See Section 3.12.040 of the Municipal Code, which defines this term to mean "Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

(Ord. No. 16-862, § 7, 6-14-2016)

6.04.2110 - Conditional use permit required. ¶

The owner must obtain a conditional use permit from the city before listing for rent or renting any shortterm vacation rental unit. Only a owner as defined in this section shall be eligible to apply for a short-term vacation rental conditional use permit.

(Ord. No. 16-862, § 7, 6-14-2016)

6.04.2115 - Operational standards. ¶

Short-term vacation rental uses shall be located, developed, and operated in compliance with the following standards:

1.

Type of Residence. A short-term vacation rental must be located and operated in a single-unit dwelling within a residential zone in the city. Short-term vacation rental uses shall be permitted in no more than one single-unit dwelling per lot.

2.

Eligibility. Only an owner of the dwelling unit is eligible to operate a short-term vacation rental use. The owner shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject dwelling unit.

3.

Transient occupancy limits.

A.

Hosted Rentals. If the owner is onsite during the short-term vacation rental, the number of transient occupants must be limited to two or fewer.

Non-hosted Rentals. If the owner is offsite during the short-term vacation rental, the number of transient occupants must be limited to two persons/bedroom, plus two additional persons.

4.

Limit on Duration. The maximum number of days that a short-term vacation rental may be occupied by any one transient is thirty consecutive days.

5.

Appearance, Visibility and Location. A short-term vacation rental shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism.

6.

On-site Parking Required. For hosted rentals where the owner is onsite during the short-term vacation rental, a minimum of one on-site parking space shall be provided for each guest room. The parking spaces required for hosted rentals shall be in addition to the on-site parking required of the existing residential unit. All parking associated with a short-term vacation rental shall be located entirely on-site and may be located within the existing driveway. For non-hosted rentals, where the owner is offsite during the short-term vacation rental, parking shall be provided as required of the existing residential unit.

7.

Noise. Occupants of the short-term vacation rental unit shall comply with the noise standards and regulations of Municipal Code section 6.04.1805(14).

8.

Occupant Notification. The owner shall provide each occupant of the short-term vacation rental with the following information prior to occupancy of the unit and shall post such information in a prominent location within the unit:

A.

Name of owner with twenty-four-hour availability;

B.

The telephone number and email address of the owner;

C.

The maximum number of overnight occupants permitted pursuant to this section; and

D.

Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property.

(Ord. No. 16-862, § 7, 6-14-2016)

6.04.2120 - Standard conditions and requirements. ¶

Short-term vacation rental uses shall be subject to the following standard conditions and requirements:

l.

General Responsibility of Owner. The owner shall use reasonably prudent business practices to ensure that the occupants and guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.

2.

Availability of Renter/Owner. While a short-term vacation rental unit is rented, the owner shall be available twenty-four hours per day, seven days per week for the purpose of responding within a timely manner to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit or their guests. The owner shall keep on file with the city the his or her name, telephone number, and email address. This information shall also be posted in a conspicuous location within the rental dwelling.

3.

Complaint Response Requirement. The owner shall, upon notification that any occupant or guest of the short-term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental, promptly respond by halting or preventing a recurrence of such conduct by the responsible person, occupants, or guests. Failure of the owner to respond to calls or complaints regarding the condition, operation, or conduct of occupants or guests of the short-term vacation rental within a timely manner shall be subject to all administrative, legal and equitable remedies available to the city, including revocation of the short-term vacation rental conditional use permit.

4.

Trash. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days.

5.

CUP Posting Requirement. The owner shall post a copy of the short-term vacation rental conditional use permit in a conspicuous place within the short-term vacation rental unit.

6.

Acknowledgement by Occupant. Prior to occupancy of a short-term vacation rental unit, the owner shall require the occupant to execute a formal acknowledgment that he or she is legally responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the shortterm vacation rental unit by all occupants of the short-term rental and their guests. This information shall be maintained by the owner for a period of three years and be made readily available upon request of any

officer of the city responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short term rental.

7.

Compliance with Building Codes. All short-term vacation rentals must comply with all applicable building laws, including, but not limited to, providing working smoke detectors, carbon monoxide detectors, contain working heating, and otherwise satisfy all applicable requirements of the California Building Standards Code. An inspection to verify compliance with applicable building laws must be conducted prior to issuance of a business license.

8.

Commercial Activity Prohibited. Any commercial activity or use beyond a permitted short-term vacation rental is prohibited.

9.

Advertising. All advertising, whether print or digital, for a short-term vacation rental shall include the number of the conditional use permit granted for the use.

10.

Business License Required. Prior to the operation of a short-vacation term rental, the owner shall obtain a business license from the city in accordance with Chapter 7.04 of the Municipal Code.

11.

Applicable Taxes. Short-term vacation rentals shall be subject to the city's transient occupancy taxes in accordance with Chapter 3.12 of the Municipal Code. The permit holder shall collect and remit all applicable city taxes, including but not limited to transient occupancy taxes.

12.

Consistency with Other Agreements. A short-term vacation rental use must be permitted by applicable home owners association ("HOA") bylaws; covenants, conditions and restrictions (CC&Rs), and rental agreements. For dwelling units located within an HOA, the owner must provide proof to the city that HOA approval has been obtained for the short-term vacation rental use.

13.

No Transferability. Short-term vacation rental conditional use permits are personal to the owner and shall not run with the land. Permission to operate a short-term vacation rental use shall be limited to the owner to whom the city issued the conditional use permit.

14.

Additional Conditions. The planning commission shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the short-term vacation rental unit are avoided or adequately mitigated.

Planning Commission Discretion. The standard conditions set forth herein may be modified by the Planning Commission, upon request of the owner and showing of good cause for granting such request, based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental.

(Ord. No. 16-862, § 7, 6-14-2016)

6.04.2125 - Penalties. ¶

An owner violating the provisions of this section shall be guilty of an infraction and subject to the penalties, specified in Section 1.08.025 and of the Municipal Code as well as the administrative remedies authorized in Chapter 1.09 of the Municipal Code.

(Ord. No. 16-862, § 7, 6-14-2016)

6.04.22 - Congregate housing. ¶

6.04.2201 - Purpose.

To establish locational/developmental/operational standards for congregate housing facilities.

6.04.2205 - Applicability. ¶

Congregate housing developments, allowable only in the RPD and CBD zoning districts, are subject to the approval of a conditional use permit and shall be located/developed/operated in the following manner:

1.

The parcel upon which the congregate housing facility is to be established shall conform to all standards of the RPD and CBD zoning districts, as applicable;

2.

The congregate care housing facility shall conform with all local, regional, state, and federal requirements;

3.

The number of residential dwelling units shall not exceed a maximum density of fifteen units for each net acre;

4.

A "density bonus" may be utilized if the development proposal can be found consistent with the applicable provisions of Subsection 6.04.0415(2.6) (Density Bonus);

5.

The minimum floor area for each residential unit shall be as follows:

One-bedroom: 510 square feet (if kitchen-dining living areas are combined) 570 square feet (if kitchen-dining living areas are separate) Two-bedroom: 610 square feet (if kitchen-dining living areas are combined) 670 square feet (if kitchen-dining living areas are separate)

6.

The main entrance to the facility, common areas and all living units shall provide disabled access in compliance with applicable state and federal law;

7.

Indoor common areas and living units shall be provided with all necessary safety equipment (i.e., safety bars, etc.), as well as emergency signal/intercom systems, subject to the approval of the director;

8.

Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood;

9.

Common entertainment, recreational and social activity area(s) of a number, size and scale consistent with the number of living units shall be provided;

10.

Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided;

11.

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

A.

Beauty and barber shop;

B.

Central cooking and dining room(s);

C.

Exercise room(s); and

D.

Small scale drug store and/or medical facility (not exceeding eight hundred fifty sq. ft.).

12.

Off-street parking shall be provided in the following manner:

A.

Standards relating to off-street parking, number of spaces required, disabled parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc. shall be in compliance with the standards outlined in Section 6.04.34 (Off-street parking standards); and

B.

Adequate and suitably striped or marked paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to the shuttle stops.

13.

A bus turnout and shelter along the street frontage shall be provided;

14.

Private dial-a-ride transportation shuttles should be provided for congregate housing facilities with a minimum of fifty dwelling units; exact number and schedule to be determined by the review authority; and

15.

The entire project shall be designed to provide maximum security for residents, guests, and employees.

6.04.2210 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.70 Conditional use permits.

2.

Section 6.04.66 Development permits.

3.

Section 6.04.28 Landscaping standards.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

7.

Section 6.04.32 Off-street loading standards.

8.

Section 6.04.34 Off-street parking standards.

9.

Section 6.04.38 Sign standards.

Section 6.04.58 Temporary use permits.

Section 6.04.64 Variances.

6.04.23 - Farmworker congregate housing. (March 1, 2004 per Ord. 03-774). 6.04.2301 - Purpose.

To establish locational/developmental/operational/affordability standards for farmworker congregate housing.

6.04.2305 - Applicability. ¶

Farmworker congregate housing developments, allowable only in the RPD and CBD zoning districts, are subject to the approval of a conditional use permit and shall be located/developed/operated in the following manner:

1.

The parcel upon which the farmworker congregate housing facility is to be established shall conform to all standards of the RPD and CBD zoning districts, as applicable[1 ] ;[[4]]

2.

The farmworker congregate housing facility shall conform with all applicable local, regional, state, and federal requirements;

3.

The number of kitchen facilities to be permitted with each farmworker housing facility within the RPD and CBD zoning districts shall determine the residential density for that facility and shall not exceed the maximum residential unit density of the zoning district;

4.

The minimum floor area for each living unit shall not be less than that required by the current Uniform Building Code adopted by the City of Fillmore;

5.

The main entrance to the facility, common areas and all living units shall provide disabled access in compliance with applicable state and federal law;

6.

Adequate internal and external lighting shall be provided for security purposes, the external lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the surrounding neighborhood;

7.

Common entertainment, recreational and social activity area(s) of a number, size and scale consistent with the number of living units may be provided;

8.

Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided;

9.

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

A.

Beauty and barber shop;

B.

Central cooking and dining room(s);

C.

Exercise room(s); and

D.

Small scale drug store and/or medical facility (not exceeding eight hundred fifty sq. ft.)

11.

Off-street parking shall be provided in the following manner:

A.

B.

Adequate and suitably striped or marked paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to the shuttle stops.

12.

A bus turnout and shelter along the street frontage shall be provided;

13.

Private dial-a-ride transportation shuttles should be provided for farmworker congregate housing facilities with a minimum of fifty dwelling units; exact number and schedule to be determined by the review authority; and

14.

The entire project shall be designed to provide maximum security for residents, guests, and employees.

15.

Prior to the issuance of a building permit for any living unit within a farmworker congregate housing facility, the applicant shall enter into a written agreement with the city, subject to city council approval, to guarantee for thirty years the continued use and availability of the living units to farmworkers. The terms and conditions of the agreement shall run with the land, shall be binding upon the successor(s) in interest of the applicant, shall contain a covenant stating that the applicant or the successor(s) in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests without the written approval of the city confirming that the sales price of the units is consistent with the limits established by the State Department of Housing and Community Development for Farmworkers, and shall be recorded in the Office of the Ventura County Recorder.

Footnotes:

--- ( 4 ) ---

1 All uses in the CBD are subject to the CBD development standards in Subsection 6.04.0615(3.D).

6.04.2306 - Agricultural employment criteria.

In a farmworker congregate housing complex, living units shall only be rented to, and shall only be occupied by, persons who are principally employed in Agricultural employment as defined in Section 6.04.9610 of the City of Fillmore Zoning Ordinance. A qualified farmworker who has been renting a living unit in a farmworker congregate housing complex and who subsequently retires or becomes disabled, may continue to reside in the living unit. Members of the farmworker's household, if any, may also occupy said unit.

6.04.2307 - Annual verification of agricultural employment. ¶

The owner of the property, or his/her designated agent, must submit all City-required verification fees and an annual verification report by May 15th of each year to the city manager or his/her designee, in a form acceptable to the city manager, that all living units are being rented to and occupied by persons who meet the agricultural employment criteria established in Section 6.0402306.

6.04.2308 - Enforcement of agricultural employment criteria. ¶

The provisions of Section 6.04.2306 and 6.04.2307 shall be enforced through the conditions of approval of the conditional use permit and any other entitlements required for a farmworker congregate housing complex, and through any necessary contractual agreements and/or deed restrictions implementing such conditions of approval. Violations of Sections 6.04.2306 or 6.04.2307 shall be administered in accordance with Section 6.04.86.

6.04.2310 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.70 Conditional use permits.

2.

Section 6.04.66 Development permits.

3.

Section 6.04.28 Landscaping standards.

4.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

Section 6.04.32 Off-street loading standards.

8.

Section 6.04.34 Off-street parking standards.

9.

Section 6.04.38 Sign standards.

10.

Section 6.04.58 Temporary use permits.

11.

Section 6.04.64 Variances.

6.04.24 - Hazardous waste facility siting.

6.04.2401 - Purpose.

To establish uniform standards in order to regulate the location, design, operation and maintenance of hazardous waste facilities and to protect the health, quality of life and the environment of the city, based upon the following policies:

1.

Prioritize hazardous waste management strategies as follows:

A.

Source reduction (first);

B.

On-site recycling (second);

C.

Off-site recycling (third);

D.

On-site treatment (fourth);

E.

Off-site treatment (fifth); and

F.

Disposal (sixth).

2.

Public participation shall be the highest priority during the process of siting hazardous waste facility projects;

3.

The city, other local, Regional, State and Federal agencies shall cooperate with each other to efficiently regulate the management of hazardous materials and waste;

4.

Transportation of hazardous waste shall be minimized and regulated to the maximum extent feasible, in order to avoid environmentally sensitive areas and populated, congested and dangerous routes, especially within the city limits; and

5.

Strict enforcement of provisions governing the discharge of hazardous wastes into the city sewer system.

6.04.2405 - Definitions. ¶

As applied to this section, the terms: "hazardous waste," "hazardous waste facility" or "facility storage," "hazardous waste facility project," and "specified hazardous waste facility project," are defined by State law (Health and Safety Code Sections 25117, 25117.1, 25199.1 [b], 25199.1 [n], respectively).

6.04.2410 - Applicability. ¶

All hazardous waste facilities are limited to the MPD zoning district, and shall require the approval of a conditional use permit, in compliance with Section 6.04.70, in addition to complying with state law (Health and Safety Code Section 25199 et. seq.)

6.04.2415 - Standards and locational criteria. ¶

In addition to standards outlined in the Municipal Code and state law, the following shall apply:

1.

Proximity to Populations. For a residual repository, as defined by state law (Health and Safety Code), the distance from the active portion of the facility to one or more residences shall be a minimum of 2,000 feet. Treatment and storage facilities, as defined by state law (Heath and Safety Code), shall comply with all development standards (i.e., setbacks, height, etc.) for the MPD zoning district, unless a greater distance is justified, based upon the findings of a risk assessment;

2.

Proximity to Immobile Populations. A risk assessment shall be prepared by the operator, and reviewed by the department as part of the permit process, which details the maximum credible accident resulting from

the facility operations and its effect on all immobile populations within the city. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. Additionally, the study shall provide an estimate of the distance over which the effects of a spill or emergency situation would carry, and a variety of options and related procedures for significantly reducing identified risks;

3.

Capability of Emergency Services. All facilities shall be located in areas where city fire units are able to immediately respond to hazardous materials accidents and where emergency response times have been demonstrated to equal or exceed those established by the fire department. In addition, hazardous materials accident response services at the facility may be required, based upon the type of wastes handled or location of the facility;

4.

Proximity to Active or Potentially Active Faults. All facilities shall maintain a minimum setback of two hundred feet from a known or recently active earthquake fault;

5.

Slope Stability and Subsidence/Liquefaction. Residual repositories are prohibited in areas of potential rapid geological change (i.e., slope stability, subsidence/liquefaction). All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and permanently maintained to preclude failure;

6.

Aqueducts and Reservoirs. Facilities shall only locate in areas with no threat to the contamination of drinking water sources contained in aqueducts and reservoirs;

7.

Discharge of Treated Effluent. acilities generating treated wastewater shall have access to adequate sewer capacity in order to accommodate projected waste water discharge. If sewers are not available, the site shall be evaluated for potential sewer connection;

8.

Proximity to Supply Wells and Well Fields. A residual repository shall be located away from the cone of depression created by the test pumping of a well or well field for a minimum of ninety days. Location is preferred where the saturated zone predominantly discharges to non-potable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the defined cone of depression;

9.

Depth of Groundwater. Residual repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet, or less from the lowest surface point of the facility. An engineered alternative may be allowed if approved by the

city engineer. At all facilities, the foundation of all containment structures shall be capable of withstanding hydraulic pressure gradients to prevent failure as a result of settlement, compression, or uplift, as certified by a California registered civil engineering geologist;

10.

Groundwater Monitoring. Operators of proposed/existing residual repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully complies with the California Regional Water Quality Control Board permit requirements for groundwater monitoring;

11.

Major Aquifer Recharge Area. Residual repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer;

12.

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to the current federal, state or water resources control board standards. All other surface facilities shall contain engineered structural design features consistent with other similar types of industrial facilities, including spill containment and monitoring systems;

13.

Existing Groundwater Quality. Residual repositories are permitted only where the uppermost waterbearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that future potential beneficial use is not feasible;

14.

non-attainment Area. If locating in a non-attainment area, all facilities emitting air contaminants in excess of established limits shall be subject to pre-construction review under new source review requirements, and shall obtain permits to construct and operate from the Ventura County Air Pollution Control District;

15.

Prevention of Significant Deterioration (PSD) Area. All facilities classified as major stationary sources under the PSD regulations, shall be subject to pre-construction review and implementation of best available control technology;

16.

Proximity to Habitats of Threatened and Endangered Species. All facilities are prohibited in habitats of threatened or endangered species, unless the applicant can demonstrate, to the satisfaction of the commission, that the subject habitat will not be disturbed and the survival of the species will not be threatened;

17.

Recreation, Cultural, or Aesthetic Areas. All facilities are prohibited in areas of recreation, cultural, or aesthetic value, as determined by the commission;

18.

Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near parcels classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports;

19.

Proximity to Areas of Waste Generation. Subject to other requirements contained in this section, all facilities shall be located in areas best suited for providing services to the hazardous waste generators within the city. Facilities which intend to primarily serve generators outside the city shall demonstrate, to the satisfaction of the commission, why the facility cannot be located closer to the sources of hazardous waste to be serviced;

20.

Proximity to Natural Gas/Petroleum Pipeline. All facilities shall maintain a minimum setback of two hundred feet from a natural gas/petroleum pipeline;

21.

Distance from Major Transportation Routes. Distance traveled by trucks to/from the facility on arterial, collector, and local city streets shall be at a minimum. Facility operators shall be required to pay user fees to ensure proper street construction and maintenance necessary to accommodate anticipated increased traffic generated by a facility;

22.

Structures Fronting on Minor Routes. All facilities shall be located to minimize the use of arterial, collector, and local city streets by trucks that connect a facility to a State highway or freeway, particularly any city street used primarily by occupants of non-industrial structures (i.e., residences, schools, etc.). The permit review process shall include an evaluation of the "population at risk" based upon Federal Highway Administration guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor should not exceed that for existing facilities and sites in which lower factors are preferred;

23.

Capacity vs. Average Daily Traffic Of Access Roads. The changes projected by a proposed facility in the ratio of route capacity to annual daily traffic shall be negligible;

24.

Changes in Employment/Real Property Values. The project applicant shall fund an independent study of anticipated changes and facility effect on employment/real property values if the proposed facility is located within the city. The project applicant and the Director shall agree beforehand upon the scope of the study, and how it will be conducted; and

A proposed hazardous waste facility shall have a Contingency Plan approved by the State Department of Health Services, prior to approval by the commission. The contingency plan shall be maintained at the facility, with clear copies provided to all appropriate city, county, regional and state agencies, as determined by the director;

4.

The owner/operator of a proposed hazardous waste facility shall, prior to approval by the commission, submit a written closure plan approved by the State Department of Health Services. All subsequent revisions to an approved closure plan shall be submitted to the director for review and approval;

5.

Prior to issuance of an occupancy clearance, the owner/operator shall document that all financial responsibility requirements imposed by the State Department of Health Services and any other state or federal agency have been met;

6.

The owner/operator shall agree to indemnify, defend, and render the city harmless against all claims, actions, or liabilities relating to permit approval, and the subsequent development/operation of the facility;

7.

The owner/operator shall prepare and submit an emergency response plan and annual preparedness report to the director. The plan/report shall be initialed by each person at the facility who has emergency response assignments;

8.

No hazardous waste facility permit shall be approved if it significantly reduces incentives for waste minimization by hazardous waste generators;

9.

The owner/operator shall submit an annual air, soil and groundwater monitoring report to the director;

10.

Any storage, treatment, disposal or transportation of "extremely hazardous waste" by, or on behalf of, the owner/operator, as defined by State law (Health and Safety Code Section 25115), shall be reported to the director;

11.

The owner/operator shall be responsible for all costs of responding to a release of hazardous wastes and for compliance with the provisions of this section; and

12.

The city may employ any and all methods permitted by law to enforce the provisions of this Section, and related requirements of the Municipal Code.

6.04.2435 - Duration of permit approval. ¶

In addition to the provisions of Section 6.04.70 (Conditional use permits), an approved permit for a hazardous waste facility shall not exceed a maximum operating time limit of ten years, with the provision for renewal, and upon initiation of construction, completion of the facility shall be diligently pursued.

6.04.2440 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.70 Conditional use permits.

2.

Section 6.04.66 Development permits.

3.

Section 6.04.28 Landscaping standards.

4.

Section 6.04.68 Minor conditional use permits.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

7.

Section 6.04.32 Off-street loading standards.

8.

Section 6.04.34 Off-street parking standards.

9.

Section 6.04.38 Sign standards.

Section 6.04.58 Temporary use permits.

11.

Section 6.04.64 Variances.

6.04.26 - Hillside development standards. ¶

6.04.2601. - Purpose. ¶

To regulate the intensity and distribution of both public and private development in harmony with the topographic, geological, and hydrological conditions of the city's hillside areas to ensure protection from landslides, erosion, fire, and water pollution. It is also the purpose of this Section to establish measures to protect the natural and scenic resources of the hillside areas, provide a variety of low density housing opportunities, and to ensure access to the hillsides for future development.

6.04.2605 - Specific objectives. ¶

In order to achieve the purpose of this section the following objectives are established:

1.

Create opportunities for hillside residential development that are balanced with concerns for safety, geologic hazards, slope stability, drainage patterns, existing vegetation, fire, and the natural beauty of the hillside;

2.

Minimize the alteration of landforms by excessive grading and protect natural landforms (i.e., canyons, knolls, rock outcrops, and ridgelines) to the greatest extent possible;

Restrict development in areas with unsafe soil conditions and geologically hazardous areas;

4.

Preserve and protect views to and from hillside areas and maintain a sense of natural openness whenever feasible;

5.

Avoid unwarranted high public maintenance costs for public infrastructure;

6.

Permit a variety of housing types, padding techniques, parcel sizes, and structure setbacks in order to create flexibility in overall site design; and

7.

Ensure proper fire safety standards.

6.04.2610 - Applicability. ¶

The standards contained in this section apply to all subdivisions, uses, and structures within the foothill area.

The foothill area is defined as that area of fifteen percent or greater slope as shown on the general plan land use map on file at the department.

6.04.2615 - Development permit required. ¶

A development permit, in compliance with the requirements of Section 6.04.66, shall be required for all development within the foothill area.

A development permit shall not be approved if it is inconsistent with the purpose and specific objectives of this section.

6.04.2620 - Required plans/reports. ¶

An application for a development permit shall include the following documents as determined by the director:

1.

A topographic map of the project site and land and structures within one hundred feet of the project boundaries. Sections or elevations may be required where necessary to indicate those residences which may be affected in terms of view obstruction. The map shall be drawn to a scale of not less than one inch equals one hundred feet with a maximum contour interval of ten feet;

A site plan of the proposed project, including representations of property lines and recorded and proposed easements and public rights-of-way. Existing structures within one hundred feet of the site shall also be shown;

3.

Colored maps of existing and final slope, based on the following slope categories: 0—15%; 16—20%; 21— 25%; 26+% shall be shown using contrasting colors;

4.

A soils engineering report including data regarding the nature, distribution and strengths of existing soils, recommendations for grading procedures, design criteria for identified corrective measures, and recommendations regarding existing conditions and proposed grading. The report shall be prepared by a registered soils engineer;

5.

A geology report including the surface and subsurface geology of the site, degree of seismic hazard, recommendations regarding the effect of geologic conditions on the proposed development, and recommended design criteria to mitigate any identified geologic hazards. The report shall be prepared by a registered geologist experienced in the practice of engineering geology;

6.

A hydrology report which shall include areas of possible inundation, downstream effects, natural drainage courses, effect of hydrologic conditions on the proposed development, recommendations regarding the adequacy of facilities proposed for the site, and design criteria to mitigate identified hydrologic hazards. The report shall be prepared by a registered civil engineer experienced in hydrology and hydrologic investigation;

7.

A preliminary landscaping plan showing disposition of existing trees and the type and extent of proposed landscaping; and

8.

Other information or application materials as may be deemed necessary by the director.

6.04.2625 - Development standards. ¶

1.

Density. The maximum number of parcels created by a subdivision or parcel map within the hillside area shall be determined in compliance with the following formula:

Average Slope Maximum Dwelling Units/Gross Acre

15—20%	1.00
21—25%	0.75
26% and Over	0

The average slope of the land to be divided/developed within the hillside area shall be determined in compliance with the following formula:

S = .00229 IL

Where:

.00229 is the conversion factor for square feet;

I = contour interval in feet;

L = combined length of contour lines within the land to be divided;

A = area of the land to be divided in gross acres.

If any portion of the land to be divided has an average natural slope greater than twenty-five percent, the director shall assign up to one unit for each five acres to that portion for the purpose of determining the maximum number of parcels which may be permitted. The number so determined shall be added to the number permissible on the remaining portions of the site to obtain the total number of parcels permitted.

Where the number of parcels computes to a fraction more than a whole number, the number shall be reduced to the next lower whole number.

The computation of the maximum number of parcels is intended solely to establish an absolute maximum.

A lesser number of parcels/units may prove to be the maximum permitted based upon compliance with other hillside development and grading requirements.

2.

Minimum Parcel size. The minimum parcel size shall be six thousand square feet. No minimum parcel widths, and depths are specified.

3.

Setbacks. Front, side, and rear setbacks shall be determined during the Development Permit review process based upon the precise development plan and any environmental studies.

Setbacks Between Structures and Toes/Tops of Slopes.

A.

On terraced lots having a difference in vertical elevation of three feet or more, the required side yard shall be measured from the toe or top of slope to any structure, whichever is nearer.

B.

On terraced lots having a difference in vertical elevation of six feet or more, the minimum distance of the rear yard from the toe or top of the slope, whichever is nearer, to any main structure shall be not less than fifteen feet. Greater setbacks may be required by the review authority when elevation changes greater than six feet are proposed.

5.

Structure Height. The height of any structures in the foothill area shall not exceed thirty-five feet or two stories at any point above the finished grade or natural grade, whichever is less. However, lesser heights may be required where prominent views to or from the hillsides may be affected.

6.

Open Space. All parcels shall provide permanent, non-buildable open space as follows:

Average Slope	Percent to Remain In Natural State
15—20%	50.0%
21—25%	60.0%
26% and over	100.0%

7.

Grading and Drainage.

A.

Grading shall be designed to:

(1)

Minimize cut and fill, and scarring of the hillsides in compliance with the city's grading ordinance and as specified by the city engineer;

(2)

Conserve natural topographic features and appearances by means of land form grading to blend graded slopes and benches with natural topography; and

(3)

Retain major natural topographic features (i.e., canyons, knolls, ridgelines, and prominent landmarks.)

B.

Grading plans shall identify which slopes are to be landform graded and which are to be conventionally graded. "Landform Grading" shall mean a contour grading method which creates artificial slopes with curves and varying slope ratios in the horizontal plane designed to simulate the appearance of surrounding natural terrain.

C.

All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods (i.e., planting, walls, or netting). Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the city engineer.

D.

Slopes created by grading shall not exceed fifty percent or 2:1, without a soils report and stabilization study indicating a greater permissible slope and shall not exceed thirty feet in height between terraces or benches. The review authority may permit slopes exceeding these dimensions where the slopes will result in a natural appearance and subject to approval of the city engineer.

8.

Design Requirements. Within the hillside area the following design requirements/guidelines shall be implemented to the greatest extent feasible:

A.

The project should be designed to fit the hillside rather than altering the hillside to fit the project. Development patterns which form visually protruding horizontal bands or steeply cut slopes for roads shall be avoided;

B.

Cluster development is encouraged as a means of preserving the natural appearance of the hillside and maximizing the amount of open space. Under this concept, dwelling units are grouped in the more level portions of the site, while steeper areas are preserved in a natural state;

C.

Site design should utilize varying setbacks, structure heights, innovative building techniques, and retaining walls to blend structures into the terrain;

D.

Lot lines shall be placed at the top of slope areas to help ensure that the slope will not be neglected by the up-hill owner;

E.

Standard prepared pads which result in grading outside the actual structure footprint and driveway area are discouraged;

F.

Structures should be sited in a manner that will:

(1)

Fit into the contour of the hillside and relate to the form of the terrain;

(2)

Retain outward views from each unit;

(3)

Preserve vistas from public places; and

(4)

Preserve visually significant rock outcroppings, natural hydrology, native plant materials, and areas of visual significance.

G.

All spaces between the habitable portion of the structure and the finished grade below shall be completely enclosed by architectural materials that are compatible with the overall design of the structure and rated as one-hour fire resistant by the Uniform Building Code;

H.

Streets should follow the natural contours of the hillside to minimize cut and fill to the maximum extent possible. Streets may be split into 2 one-way streets in steeper areas to minimize grading and blend with the terrain. Cul-de-sacs or loop roads are encouraged where necessary to fit the terrain subject to the approval of the city engineer and fire department;

I.

Open space may be preserved by reducing the width of street improvements, reducing sidewalk widths, using common driveways and clustering units subject to the approval of the city engineer and fire department;

The site shall be replanted with self-sufficient trees, shrubs and groundcover that are compatible with existing surrounding vegetation in compliance with Section 6.04.28 (Landscaping standards); and

K.

Transitional slopes shall be planted to enhance the blending between manufactured and natural slopes.

6.04.2630 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this Ordinance, including the procedures outlined in the following Sections:

1. Section 6.04.70 Conditional use permits. ¶

2.

Section 6.04.66 Development permits.

3. Section 6.04.28 Landscaping standards. ¶

6.04.2815 - Submittal of plans.

1.

Concept plans.

A.

A concept landscaping plan shall be submitted as part of a development permit application, in compliance with Section 6.04.78 (Applications and fees).

B.

The concept landscaping plan shall meet the purpose/intent of this Section by exhibiting a generalized design layout which adequately demonstrates the proposed landscaping program in terms of location, size/scale, function, theme and similar attributes. The concept plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan.

C.

The concept landscaping plan shall address the functional aspects of landscaping (i.e., drainage, microclimate/ appropriate planting, erosion control, fire clearance zones, screening, wind barriers, provisions for shade, sound absorption, dust abatement and glare reduction).

2.

Detailed Landscape Plans.

Detailed landscape plans shall be prepared only after approval of the permit application by the review authority. Submittal of detailed plans shall be concurrent with any required grading plan(s) and other documents or reports.

B.

Landscaping plans for projects larger than twenty thousand square feet in total site area shall be prepared by a licensed landscape architect registered to practice in the State of California.

C.

Landscaping plans shall emphasize the use of drought-tolerant plant materials whenever/wherever possible.

D.

A fully dimensioned comprehensive landscape/irrigation plan shall include, but not be limited to, the following:

(1)

List of plants (common and Latin);

(2)

Size of plants;

(3)

Location of plants;

(4)

Irrigation plan;

(5)

Hardscape;

(6)

Water elements;

(7)

Property lines;

(8)

Existing and proposed structures;

(9)

Adjacent streets & sidewalks;

(10)

Calculation of total landscaped area as percentage of total site area; and

(11)

Any other information as required by the director.

6.04.2820 - Landscape development standards. ¶

1.

All setbacks, parkways, and non-work/storage areas that are visible from a public street or from a parking lot available to the public shall be landscaped. Areas proposed for development in another phase shall be temporarily treated to control dust and soil erosion if the phase will not begin construction within six months of completion of the previous phase.

2.

Trees shall be planted throughout the project in areas of public view, predominantly adjacent to and along structures and street frontages at a rate of at least one tree for each thirty linear feet of structure wall and/or street frontage.

3.

Landscape areas shall be a minimum of four feet wide (excluding curbs). Narrower landscape areas may be permitted, but shall not be counted toward meeting minimum coverage requirements.

4.

Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines, street lighting, traffic safety sight areas, on-site signs, and basic property rights of adjacent property owners, particularly the right of solar access.

5.

Trees planted near public curbs and sidewalks shall have a limited root structure and shall be installed so as to prevent physical damage to public improvements. A root barrier system shall be used.

6.

Landscape areas shall have plant material selected and plant methods used that are suitable for the soil and climatic conditions of the site. The use of water-efficient, drought-tolerant plants shall be emphasized in compliance with Subsection 6.04.2825.

7.

Sizes of the plant materials shall conform to the following minimum mix:

Trees*

50%, 24-inch box; and

50%, 15-gallon

Shrubs

60%, 5-gallon; and

40%, 1-gallon

Groundcover

100%, coverage within one year

*Certain species of trees exhibit preferred growth habits when planted from five-gallon containers. The director may approve up to forty percent of the fifteen-gallon trees to be replaced with five-gallon trees (twenty percent of total trees maximum) if the appropriate species are provided.

8.

Mature specimen trees in thirty-six-inch and forty-eight-inch boxes shall be provided in sufficient quantity, subject to the approval of the Director, to provide variety and emphasis at entrances and focal areas within the project.

9.

Concrete mow strips are required to separate all turf areas from other landscaped areas.

10.

Appropriate shrubbery and creeping vines are required along all walls and fences adjoining public rights-ofway.

11.

When inorganic groundcover is used, other than artificial turf, it shall be in combination with live plants and shall be limited to an accent feature.(Per CC Ord. 855 January 26, 2016)

12.

Non-irrigated hydromulch seeds are acceptable for natural or undisturbed slopes. Hydromulch seeds should be applied following the first measurable rainfall in the fall of the year or a temporary irrigation method shall be provided to ensure germination and minimum growth. If the natural rainfall fails to provide adequate moisture for germination, supplemental irrigation, and replanting may be required.

13.

An organic mulch at least two inches deep is an acceptable alternative to groundcover between shrubs and on non-slope areas. Whenever feasible, the origin of this mulch material shall be recycled yard trimmings

and other organic wastes of local origin.

14.

inquiries, audits or surveys to ensure compliance with the requirements of this section. Whenever he or she determines that a violation of this section has occurred, he or she may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have ninety days to take corrective action.

B.

Administrative Enforcement. In addition to any other remedy provided by the Municipal Code, any provision of this section may be enforced by the administrative procedures set forth in Chapter 1.09.

7.

The city manager is authorized to develop guidelines as necessary to comply with the MWELO.

(Ord. No. 21-933, § 2, 11-9-2021)

6.04.2823 - Artificial turf. ¶

Artificial turf is allowed to fulfill required front yard setback landscaping requirements for residential zoned properties subject to the following standards:

1.

Synthetic turf shall be of a type known as cut pile infill and shall be composed of polypropylene, polyethylene, or a blend of polypropylene and polyethylene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched backing. Hole punched backings shall have holes spaced in a uniform grid pattern with spacing not to exceed four inches by six inches on center.

2.

The color of the synthetic turf must replicate real live grass commonly recognized as mowed lawn grass, and be installed as a single unified color, all other colors are prohibited.

3.

The synthetic turf must-have a minimum blade length (pile height) of one and one-quarter inches.

4.

The use of indoor/outdoor carpeting, and/or synthetic shrubs, flowers, trees and vines instead of synthetic turf and/or live plant material is prohibited.

5.

The product must have at least an eight-year no-fade warranty and be fire resistant.

6.

The turf area shall have a crushed stone subbase (such as decomposed granite) added to establish a foundation and facilitate drainage for the turf. The stone subbase shall be a minimum of three inches in depth and be compacted to ensure proper drainage. There must be a solid barrier buffer, such as a

concrete mow strip, bender board, or similar material, between the synthetic turf and live plant material or soil.

7.

A permeable geotextile (weed barrier) must be provided to prohibit the growth of weeds. This barrier may either be incorporated into the synthetic turf or be installed as a separate layer.

8.

The synthetic turf must be placed in patterns that emulate real grass. Seams must be glued and stapled to minimize tears. The synthetic turf must be securely fastened to the ground.

9.

Infill medium shall be required unless the particular type of synthetic turf installed is designed specifically for use without infill. For synthetic turf requiring infill, manufacturer- approved infill mixtures shall be used. Infill must be brushed into the fibers of the synthetic turf to ensure that the turf will remain in place and upright. Infill medium must not consist of ground rubber.

10.

Synthetic turf must be installed and maintained to effectively simulate the appearance of a well-maintained, natural turf lawn. Synthetic turf must be maintained in a green, fadeless condition, free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams.

11.

Damaged or worn areas in synthetic turf surface must be repaired, or removed and replaced, in a prompt manner that results in the consistent appearance with the existing synthetic turf. Synthetic turf must be removed and replaced once it is unable to be maintained as required.

12.

Parking prohibited. Vehicle parking on synthetic turf is prohibited. (Per CC Ord. 855 January 26, 2016)

6.04.2825 - Water conservation. ¶

1.

The use of water-efficient, drought tolerant, and native plant material is strongly encouraged. Invasive plants or "escaped exotics" shall be avoided adjacent to native areas and areas that drain to native areas.

2.

Plants with similar water requirements shall be grouped together into hydrozones. Plant locations shall consider slope and sun exposure.

The maximum allowable turf area shall be twenty percent of the total area landscaped except for detached single-family projects.

4.

Turf shall not be planted in any area where slope gradient exceeds 4%.

5.

To the extent feasible turf shall be combined into a single area to prevent waste and inefficient watering practice.

6.

Turf shall not be used in parking islands, roadway medians, or along foundations of structures.

7.

Only drought tolerant turfs shall be utilized, except in specialized applications, as approved by the Review Authority.

8.

Plants in non-turf areas shall be water-efficient and drought resistant. A list of appropriate plants is available from the department.

9.

A maximum of ten percent of the landscaped area (in addition to turfed area) is allowed to be non-drought tolerant species with a plant factor of one-half or more (use plant value as guide) but shall be grouped together according to water needs and appropriately located with respect to slope and sun exposure.

10.

All decorative water features shall have recirculating water systems.

6.04.2830 - Irrigation system requirements. ¶

All landscaped areas shall be watered by an approved automatic irrigation system. Only efficient, water conserving, state-of-the-art irrigation systems shall be used.

1.

Landscape materials that have different watering needs (hydrozones) shall be irrigated by separate control valves and circuits (examples: full sun/shade, level areas/sloped areas, shrubs/lawn, street trees, etc.).

2.

Anti-drain (check) valves shall be installed at strategic points to prevent low-spot drainage, runoff and subsequent erosion from low elevation sprinkler heads.

3.

Sprinkler heads shall be selected for proper area coverage, precipitation rate, operating pressure, adjustment capability and ease of maintenance. Heads or emitters shall have matched precipitation rates within ten percent for each control valve circuit. Above ground risers are not allowed next to sidewalks, driveways or curbs and are discouraged anywhere accessible to people. In areas less than six feet wide, drip emitters and bubblers shall be used.

4.

All irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures.

5.

Soil types and the percolation rates shall be considered when designing the irrigation system. The water application rate shall attempt to match the infiltration rate of the soil. Repeat cycles shall be utilized in an effort to avoid runoff.

6.

Rain sensing override devices are required on all irrigation systems for projects over one acre in size.

7.

Plastic (PVC) mainline piping requires placement not less than eighteen-inch below final grade, with lateral lines requiring twelve-inch depth or UVR (Ultra Violet Resistant) above ground pipe. Galvanized lines shall drip or be above ground. Other piping shall be considered for drip or temporary irrigation. Reclaimed water systems shall follow current city, county and state standards for depth and separation.

8.

Automatic sprinkler program controllers are required for each different irrigation need of the landscape. Controllers shall be capable of controlling the operating time for each circuit, the starting time and daily schedule of operation. Each controller shall be able to accommodate multiple schedules and contain fourteen-day minimum clocks; percentage switches; repeat cycles; the ability to schedule by day of the week; and rain sensing override devices.

9.

Separate landscape water meters shall be installed for all projects except for detached single-family homes or any project with a landscaped area of less than five thousand square feet.

10.

Quick couplers or hose bibs are required one hundred feet apart throughout the project.

6.04.2835 - Use of reclaimed water. ¶

All projects shall install reclaimed water irrigation systems if reclaimed water is available and if installation is determined to be feasible by the city engineer. If reclaimed water is not currently available, large scale projects (i.e., golf courses) shall be evaluated for reclaimed water irrigation system installation. Consultation with the public works department regarding the feasibility of using reclaimed water shall be required of the applicant and a written statement detailing the consultation shall be provided to the director as part of the landscape package.

6.04.2840 - Street trees. ¶

On all new construction the director may require the planting of parkway/street trees, of a variety from the city's master tree list. Street trees shall be installed in compliance with the following standards:

1.

Minimum spacing requirements:

A.

Spacing between trees will be determined by the director during project review; and

B.

Spacing between trees and various circulation and utility items shall be as follows:

(1)

Thirty-five feet from street intersections;

(2)

Fifteen feet from street light and utility poles; and

(3)

Ten feet from driveways, sewers, and waterlines.

2.

Street tree species shall be selected in compliance with the following standards/criteria:

A.

New street tree plantings in older areas of the city shall reflect, to the extent feasible, the existing species along the street, and every effort should be made to match or effectively blend with existing plant materials;

B.

Street trees for a particular street shall generally require a uniform tree variety within a specified area in order to ensure ease of maintenance and maintain general aesthetic appearance;

Trees that typically grow taller than twenty feet in height and that do not lend themselves to top trimming shall not be considered under utility wires; and

D.

Trees shall be standard single trunk, not multi-trunked, except for a limited number of specimen trees.

3.

A minimum size of twenty-four-inch box with a minimum two-inch trunk diameter shall be required for each street tree. Each tree shall be eight to twelve feet tall with a minimum four-foot wide head at the time of planting;

4.

Street trees shall not obstruct the vision of motorists or pedestrians;

5.

Where parkways exist between the sidewalk and curb, street trees shall use tree wells with root barriers to mitigate against uprooting of sidewalks and curbs;

6.

Where the parkway is located behind the sidewalk, street trees shall be planted five feet behind the sidewalk measured from the outer edge of the sidewalk to mitigate sidewalk and curb damage;

7.

All trees shall be free of insects, disease, mechanical injuries and other objectional features at the time of planting;

8.

Any person/firm contracting to plant street trees shall post a performance bond guaranteeing the faithful performance of all irrigation and tree maintenance for a one-year period. The bond shall be an amount equal to the cost of the planting, irrigation, and maintenance as determined by the city engineer; and

9.

No street tree shall be removed without the approval of the city engineer.

6.04.2845 - Maintenance of landscaping. ¶

1.

Landscape maintenance shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants and the repair and replacement of irrigation systems.

Prior to the issuance of an occupancy clearance, the project proponent shall file, with the department, a maintenance agreement and easement subject to the approval of the city attorney. The agreement and easement shall ensure that if the landowner, or subsequent owner(s), fails to maintain the required/installed site improvements, the city will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance.

6.04.2850 - Water-efficient model home requirements (Per CC Ord. 98-734). ¶

Whenever a new home is built, the homebuyer(s) shall be provided with information about water efficient landscaping by the developer.

6.04.2855 - Preservation of existing trees. ¶

Where a site contains existing trees with trunks four inches in diameter or greater measured four feet above grade, consideration shall be given to preserving the tree(s) in compliance with the following:

1.

A tree report of all existing trees on the site shall be prepared by a licensed landscape architect, arborist, or horticulturalist. The report shall describe the existing trees by species and size, determine their health status, and assign each tree a dollar value. Trees in a healthy condition shall be protected and preserved. If the applicant wishes to remove a tree that has been recommended for preservation, the city may require the applicant to:

A.

Replace the tree, per its assigned dollar value, in another location;

B.

Relocate the tree to another location on the site; or

C.

Contribute the assigned dollar value of the tree to be removed to other specific landscaping improvements on the site as approved by the director.

2.

Trees to be preserved shall be protected during construction operations by the use of barricades or fencing large enough to include everything inside the outer edge or dripline of the tree and conspicuous enough to be seen easily by operators of trucks and heavy equipment. Alternatively, these may be boxed and moved until grading/construction is complete;

3.

No grade changes shall be made around existing trees without approval of the director. Retaining walls shall be used when changing existing grades around specimen trees;

Tree roots shall be protected and preserved where possible. Tunneling shall be used to avoid damaging roots where construction in the immediate area is necessary. No trenching of roots within twenty feet of the trunk shall be performed without the approval of the director; and

5.

Trees shall be protected from chemical poisoning, run-off from petroleum products, lime and mortar, fertilizers, pesticides, and soil sterilants. The washing of equipment designed to apply these materials shall be prohibited within the dripline of trees to be preserved.

6.04.2860 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.70 Conditional use permits. ¶

2.

Section 6.04.66 Development permits.

3.

Section 6.04.68 Minor conditional use permits.

4.

Section 6.04.60 Minor modifications.

5.

Section 6.04.62 Minor variances.

6.

Section 6.04.32 Off-street loading standards.

7.

Section 6.04.34 Off-street parking standards.

8.

Section 6.04.38 Sign standards.

9.

Section 6.04.58 Temporary use permits.

Section 6.04.64 Variances.

6.04.30 - Nonconforming structures and uses. ¶

6.04.3001 - Purpose. ¶

To provide for the administration and orderly termination of legal nonconforming structures and uses in order to promote the public health, safety and general welfare and to bring these structures and uses into conformity with the goals, policies and objectives of the general plan.

It is understood that nonconformities should be eliminated over time. Accordingly, nonconformities may be properly maintained, but generally not enhanced/expanded. Further, nonconformities which substantially and adversely affect the orderly development and taxable value of other property in the zoning district should be eliminated through amortization. In these cases, the adoption of a reasonable amortization program permits the owner to realize an investment, thereby minimizing loss, while at the same time ensuring the public that the zoning district in which the nonconformity exists will eventually benefit from a substantial uniformity of permitted uses.

It is hereby declared that nonconforming structures and uses within the city are detrimental to both orderly and creative development and the general welfare of the citizens, and should therefore be eliminated as rapidly as possible without unduly infringing upon the constitutional rights of the affected property owners.

6.04.3005 - Land use permitted. ¶

No property in the city shall be used for any purposes except those permitted in the zoning district in which the property has been classified.

6.04.3010 - Restriction on improvements of nonconformities.

Nonconformities may be continued subject to the following conditions/provisions:

1.

No nonconforming use may be reestablished after having been abandoned or discontinued for a period of ninety consecutive days or a total of six nonconsecutive months. This discontinuance shall cause the use to be deemed to have ceased and the use shall not be reinstated or further continued unless specifically permitted by the Commission after a hearing in compliance with this section;

The discontinuance or abandonment of the active and continuous occupation/operation of the nonconforming use, or a part or portion thereof, for these periods, is construed/considered to be an abandonment of the nonconforming use, regardless of any reservation of an intent not to abandon or of an intent to resume active operations. If abandonment is evidenced by the actual removal of structures, machinery, furniture, equipment or other components of the nonconforming use, or where there are no business receipts/records (including a city business license, where applicable) available to provide evidence that the use is in continual operation, the abandonment shall be considered/construed to be completed within a period of less than ninety days and all rights to reestablish or continue the nonconforming use shall terminate;

If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. No nonconforming use may be established or replaced by another nonconforming use, except as provided in Subsection 6.04.3075;

2.

No nonconforming structure may be added to, structurally altered or enlarged in any manner, except as provided in subsection 6;

3.

No nonconforming use occupying a conforming/nonconforming structure or portion thereof or occupying any parcel shall be enlarged or extended into any other portion of the structure or parcel;

4.

A nonconforming use of a portion of a nonconforming non-residential center/complex may be replaced by another similar nonconforming use subject to the approval of a minor conditional use permit only if the Director can make all of the following findings, in addition to those outlined in Section 6.04.68 (Minor conditional use permits):

A.

That the nonconforming use is similar to the uses originally permitted in the center/complex;

B.

That the nonconforming use will not adversely affect or be materially detrimental to adjoining parcels/ developments; and

C.

That the use of the entire center/complex has not been vacant or discontinued for a period of ninety consecutive days or a total of 6 nonconsecutive months.

5.

Any nonconformity which does not conform to the conditions outlined in this subsection shall be immediately abated, subject to the notice and hearing procedures described in Subsections 6.04.3020 and 6.04.3035; and

6.

Where a structure is nonconforming only by reason of inadequate setbacks, yard size or open space, structural additions, alterations or enlargements of the existing structure(s) shall be permitted, provided the additions, alterations or enlargements comply with all current ordinance provisions/standards relating to the structure's "building envelope" (i.e., setbacks, yards, heights and open space requirements) for the parcel or site. The director may approve a development permit, in compliance with Section 6.04.66, which would allow the new construction (i.e., additions, alterations or enlargements) to be built in compliance with the previous/existing setbacks. In no case shall an addition, alteration or enlargement of a nonconforming

structure extend the original termination date, if any, of a nonconformity without an exception/extension granted by the commission.

6.04.3015 - Termination of nonconformance. ¶

1.

Commencing with the service of notice described in Subsection 6.04.3020 the following nonconformities (structures/uses) shall be discontinued or brought into conformity with this ordinance. (Single-family residential structures shall be exempt from amortization.) The following amortization schedule shall apply:

A.

Where the property is unimproved, one year;

B.

Where the property is unimproved except for structures of a type for which the city building code does not require a building permit, two years;

C.

Accessory structures, three years;

D.

A nonconforming use conducted in a structure designed to serve a use permitted in the zoning district, ten years;

E.

Type I & II structures (fire resistive), fifty years;

F.

Type III or Type IV structures (heavy timber construction and ordinary masonry), forty years;

G.

Type V structures (light incombustible frame and wood frame), thirty years;

H.

All legal nonconforming signs existing on parcels within the city on the effective date of this ordinance shall be removed or brought into conformance in compliance with Subsection 6.04.3845 (Abatement of nonconforming signs); and

1.

Any nonconforming structure or use which is not specifically enumerated, five years.

2.

Owners of property which are in receipt of an official city notice regarding the property's nonconformity prior to the adoption of this ordinance shall conform with the standards for abatement in effect at the time of original notice; and

3.

Any use which does not comply with this subsection shall be deemed a public nuisance and shall be abated accordingly, unless an exception/extension is granted by the commission.

6.04.3020 - Notice. ¶

1.

Upon determination that the provisions of this section apply to a given parcel of land, the Director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax assessor's rolls/records, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation;

2.

The notice provided for in this subsection shall state the following:

A.

That the property in question is a nonconformity;

B.

The date of abatement established in Subsection 6.04.3015; and

C.

That the date of abatement may be appealed to the commission within thirty days of the date indicated on the notice; and

3.

The city has no legal obligation to notify subsequent owners of the affected parcels of land.

6.04.3025 - Appeal. ¶

The owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the classification of the amortization period described in the notice provided in compliance with Subsection 6.04.3020 by submitting an appeal, on a form provided by the director and accompanied by any required fee in compliance with Section 6.04.78 (Applications and fees), within thirty days of the date indicated on the notice.

6.04.3030 - Use of hearing officer. ¶

The council may appoint a hearing officer to conduct the hearing described in Subsection 6.04.3035 and appoint the commission to conduct the appeal described in Subsection 6.04.3045. If the council appoints the commission to hear appeals, there shall be no right of further appeal to the council.

6.04.3035 - Hearing. ¶

1.

Within 60 days after receipt of an appeal, the commission shall hold a public hearing to determine whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted as provided in Subsection 6.04.3055;

2.

Notice of the hearing shall be provided in the same manner as the notice of abatement. In addition, notice shall be provided by mail to the owners and tenants of all abutting parcels;

3.

The commission shall receive written and oral testimony at the hearing relating to the term of abatement. During the hearing, the owner shall be permitted to call witnesses and be represented by counsel;

4.

At the close of the hearing, the commission shall determine whether the nonconformity should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement provided in Subsection 6.04.3015, and if not, what term for abatement should be provided as specified in Subsection 6.04.3025. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than provided for in Subsection 6.04.3015;

5.

In the case of a nonconforming use, the commission shall also determine whether the structure including the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose permitted by the zoning district in which it is located; and

6.

The commission may require reasonable modifications or alterations to any nonconformity to improve the nonconformity's appearance or compliance with this ordinance, Municipal Code, or state law, except that any modification or alteration which would extend the useful life of the nonconformity is expressly prohibited, unless provided by Subsection 6.04.3065.

6.04.3040 - Decision and order. ¶

The decision of the commission and the findings in support thereof, shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within

10 days after the decision is rendered. The order shall be binding upon the owner, and the owner's successors, heirs and assignees.

6.04.3045 - Right of further appeal. ¶

1.

Any interested person may appeal the decision of the commission to the council within ten days of service of the order upon the owner. The appeal hearing shall be noticed in the same manner as the original hearing before the commission;

2.

The appeal shall be accompanied by any documents, information and fee the director deems necessary to adequately explain and to provide proper notification for the appeal. The appeal shall outline specifically and in detail the grounds for the appeal. The council may refuse to consider issues not raised in the written appeal of the commission's decision;

3.

When an appeal has been accepted, the director shall forward to the council all documents and information on file pertinent to the appeal, together with the minutes or official action of the commission, and a report on the basis of the decision and the appropriateness of the appeal;

4.

The council shall consider the appeal at a public hearing, including all information and evidence submitted with the original application, and any additional information and evidence the appellant may submit which the council finds to be pertinent; and

5.

The action of the council shall be to sustain, disapprove, conditionally sustain, or refer the appeal back to the commission with direction(s), all in compliance with the same requirements and procedures that were applicable to the commission.

6.04.3050 - Recordation of order. ¶

At the conclusion of all hearings, notice of the decision and order of the commission, or the council in the case of an appeal, shall be recorded in the office of the county recorder.

6.04.3055 - Extension of time. ¶

1.

The commission may grant an extension of the time for abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner; and

The commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the following:

A.

The nature of the use;

B.

The amount of the owner's investment in improvements;

C.

The convertibility of improvements to permitted uses;

D.

The character of the neighborhood;

E.

The detriment, if any, caused to the neighborhood by continuance of the nonconforming use;

F.

The amount of time needed to amortize the investment; and

G.

The depreciation schedule attached to the owner's latest federal income tax return.

6.04.3060 - Conditional use permit. ¶

Any owner of a nonconforming use resulting only from the inclusion of Section 6.04.70 in this ordinance, pertaining to the requirement for a conditional use permit, shall apply for a conditional use permit within one year of receiving a notice from the director. The notice shall state that the owner has one year to apply for the permit, and that if the owner does not apply, or if the permit is disapproved, an amortization period will be established in compliance with this section.

6.04.3065 - Maintenance, repairs and alterations of nonconforming structures. ¶

1.

Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, provided that no structural alteration shall be made if the expense for the alteration exceeds fifty percent of the replacement cost of the structure at the time the building is proposed. Single-family residential structures shall be exempt from the provisions of this subsection.

Existing single-family residential structures in the CH zone are allowed to be rebuilt or expanded provided the property owner enter into an agreement with the city to restrict the residential unit for either a low or very low income family as set forth in Health and Safety Code §§ 5093 and 50105. Additionally, existing

single-family residential units may deviate from the City of Fillmore Zoning District Standards (6.04.0415) in regards to setbacks, parking, lot coverage, and lot size, pursuant to a conditional use permit (CUP) approved by the planning commission. Single-family residential structures in the CH zone are allowed to be rebuilt or expanded provided that the following requirements are satisfied:

A.

The single-family residential structure was legally established prior to the adoption of this ordinance (11/25/03).

B.

Lot width is less than or equal to fifty feet.

C.

Lot size is less than or equal to seven thousand five hundred sq. ft.

D.

The single-family residential structure is not within the one hundred twenty-eight-foot right-of-way required for the widening of Highway 126.

2.

Any nonconforming structure partially destroyed may be restored provided restoration is started within ninety days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure is damaged in excess of fifty percent of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform with all of the current provisions/standards of the zoning district in which it is located and it shall be treated as a new structure and any nonconformity shall be eliminated in compliance with Subsection 6.04.3015;

Rebuilding/reconstruction required to reinforce non-reinforced masonry structures shall be permitted without replacement cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards;

3.

Where any part of a nonconforming structure is acquired for public use, the remainder of the structure may be repaired, reconstructed, or remodeled, with the same or similar materials used in the existing structure;

4.

Disagreements with the interpretation of the provisions of this subsection shall be heard and resolved by the commission, subject to appeal to the council. The burden of proof shall be on the owner to demonstrate that the cost of repairs is less than fifty percent of the replacement cost of the structure; and

5.

Nothing in this subsection shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the city building code, or any other health or safety requirements imposed by local, regional, state, or federal law or regulation in effect at the time of the repair or rebuilding.

(Ord. No. 18-892, § 3, 8-14-2018)

6.04.3070 - Expansion of nonconforming use. ¶

An existing legal nonconforming use may be minimally expanded subject to the granting of a minor conditional use permit in compliance with section 6.04.68. Approval of the minimal expansion shall not extend the termination date established for the original nonconforming use. The permit may be approved only if the director can make all of the following findings in addition to those listed in subsection 6.04.6825;

1.

That the expansion is minimal as determined by the director;

2.

That the expansion will not adversely affect or be materially detrimental to adjoining properties;

3.

That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and

4.

That the use is existing and has not been discontinued for a period of ninety consecutive days.

6.04.3075 - Substitution of a nonconforming use. ¶

A legal nonconforming use may be replaced by another nonconforming use subject to the granting of a minor conditional use permit in compliance with Section 6.04.68, provided that the substitute use is no more detrimental to the public welfare and to the property of persons located nearby than is the original nonconforming use. The change of use shall not extend the termination date established for the original nonconforming use.

6.04.3080 - Public nuisance. ¶

Any nonconformity continuing beyond the date for abatement as established by this section or as extended by the commission or council is a public nuisance.

6.04.3085 - Termination—Violation of laws. ¶

Any one of the following violations of this ordinance shall immediately terminate the right to operate a nonconformity, except as otherwise provided in this section:

Changing a nonconforming use to a use not permitted in the zoning district;

2.

Addition to a nonconforming use of another use not permitted in the zoning district; or

3.

Increasing or enlarging the area, space or volume occupied by or devoted to a nonconformity.

6.04.3090 - Illegal nonconforming structures and uses. ¶

Nothing contained in this section shall be construed or implied to allow the continuation of illegal nonconforming structures and uses. Illegal structures and uses shall be removed immediately unless a minor conditional use permit, in compliance with Section 6.04.68, is approved by the director which provides for the legalization of an illegal nonconforming structure or use. In order to approve this legalization, the director shall make all of the following findings and impose the following provisions/standards, in addition to those outlined in Section 6.04.68 (Minor conditional use permits):

1.

The illegal structure/use shall have been constructed or initiated operation prior to 1952. If not constructed or initiated before 1952, the structure/use shall remain illegal and shall be removed immediately;

2.

The illegal structure/use shall meet the purpose/intent of Section 6.04.68 (Minor conditional use permits);

3.

The illegal structure/use shall comply with all building/ health/safety codes; and

4.

If damaged in excess of fifty percent of its replacement cost at the time of damage, the illegal structure/use "legalized" in compliance with the provisions of this subsection, shall be treated as all other legal nonconforming structures/uses.

6.04.3095 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.70 Conditional use permits. ¶

2.

Section 6.04.66 Development permits.

Section 6.04.28 Landscaping standards. ¶

4.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

7.

Section 6.04.32 Off-street loading standards.

8.

Section 6.04.34 Off-street parking standards.

9.

Section 6.04.38 Sign standards.

10.

Section 6.04.58 Temporary use permits.

11.

Section 6.04.64 Variances.

6.04.32. - Off-street loading standards.

6.04.3201 - Purpose.

To achieve the following:

1.

Provide on-site loading facilities in proportion to the needs of the associated use;

2.

Provide increased traffic safety while reducing congestion and hazards;

3.

Provide accessible, attractive, secure and well-maintained loading and delivery facilities; and

4.

Protect adjacent parcels and surrounding neighborhoods from the effects of noise and traffic generated from the anticipated land use.

6.04.3205 - Applicability. ¶

Every use which requires the delivery or loading of goods and supplies shall have permanently maintained off-street loading areas in compliance with the provisions of this section.

6.04.3210 - Number of loading spaces required. ¶

Off-street loading spaces shall be provided in compliance with the following minimum standards:

1.

Commercial, industrial, institutional, hospital, hotel, senior housing, and schools, other than office uses:

Gross Floor Area	Spaces Required
Under 3,000 sq. ft.	None
3,001 to 30,000 sq. ft.	1
30,001 to 90,000 sq. ft.	2
90,001 to 150,000 sq. ft.	3
150,001 to 230,000 sq. ft.	4
230,001 sq. ft. and over	5+ Additional as required by the review authority

2.

Office uses:

Ofce uses:
Gross Floor Area	Spaces Required
Under 5,000 sq. ft.	None
5,001 to 25,000 sq. ft.	1
25,001+ sq. ft.	2+ Additional as required by the review authority

Requirements for uses not specifically listed shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

6.04.3215 - Development standards.

Off-street loading spaces shall be provided in compliance with the following standards:

1.

Dimensions. Loading spaces shall be not less than twelve feet in width, twenty feet in length, with fourteen feet of vertical clearance. This is a minimum requirement and larger/longer spaces may be required by the review authority based on the nature of the use and the types of deliveries to be made.

2.

Access.

A.

Loading spaces shall have adequate ingress and egress so that trucks do not back in from or out onto a public right-of-way.

B.

Access to loading spaces shall be provided so that the maneuvering, loading, or unloading of vehicles does not interfere with the orderly movement of traffic and pedestrians on the site or any street.

C.

Exemptions from the above requirements may be granted by the director if the dimensions of the property prevent an adequate turnaround area cannot be provided; the loading area is accessible to a minor street; and the entrance to the loading area is at least one hundred feet from an intersection.

3.

Lighting. Loading spaces shall have lighting capable of providing adequate illumination for security and safety. Lighting fixtures shall be energy-efficient and in scale with the height and use of the structure(s). Any illumination, including security lighting, shall be directed away from adjoining residential uses and public rights-of-way.

4.

Location. Loading spaces shall be located and designed as follows:

A.

Adjacent to, or as close as possible to, the main structure, and limited to the rear ⅔ of the parcel;

B.

Situated to ensure that the loading facility is not visible from any major public right-of-way; and

Situated to ensure that all loading and unloading takes place on-site, and not within other on-site parking and circulation areas.

5.

Screening.

A.

Loading spaces abutting residentially zoned/used parcels shall have a six-foot high decorative masonry wall, approved by the director, to properly screen the loading area(s). All wall treatments shall occur on both sides.

B.

Visibility of delivery and service areas from public streets and adjacent properties shall be minimized. Screening shall be accomplished by structure configuration where possible. Where necessary, screening shall be achieved through the use of architecturally integrated walls in combination with appropriate landscaping.

6.

Striping. Loading spaces shall be striped and shall identify the spaces for "loading only". The striping shall be permanently maintained in a clear and visible manner at all times.

7.

Loading ramps and truck wells. All plans involving ramps (or wells) shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead and adjacent wall clearances.

6.04.3220 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.70 Conditional use permits.

2.

Section 6.04.66 Development permits.

3.

Section 6.04.28 Landscaping standards.

4.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

7.

Section 6.04.34 Off-street parking standards.

8.

Section 6.04.38 Sign standards.

9.

Section 6.04.58 Temporary use permits.

Section 6.04.64 Variances.

6.04.34 - Off-street parking standards.

6.04.3401 - Purpose.

To achieve the following:

1.

To provide an adequate amount of convenient off-street parking in order to lesson congestion on the public streets;

2.

To provide accessible, attractive, secure, properly lighted, and well-maintained and screened off-street parking facilities;

3.

To ensure that off-street parking facilities are designed in a manner that will ensure efficiency and safety, and reduce adverse effects on surrounding properties;

4.

To ensure the maneuverability of emergency vehicles; and

To provide parking facilities in proportion to the needs generated by varying types of land use activities.

6.04.3405 - Applicability. ¶

Every use hereafter inaugurated (including a change of use), and every structure hereafter erected or altered, shall have permanently maintained off-street parking areas in compliance with the provisions of this section.

The requirements of this Section are minimum standards. A developer/builder may find it necessary to exceed the minimum requirements to ensure adequate parking facilities and for a successful development.

6.04.3410 - General regulations. ¶

1.

Off-street parking and parking lot improvements shall be provided subject to the provisions of this section for:

A.

Any new structure constructed;

B.

Any new use established or change of use;

C.

Any increase in intensity of use by twenty-five percent or more, or expansion of structures or area by twenty-five percent or more, beyond that existing at the time of the adoption of this section;

D.

Following any discontinuance of a use for six or more consecutive months and prior to obtaining occupancy clearance; and

E.

Following destruction or demolition of fifty percent or more of an existing structure(s) and prior to obtaining occupancy clearance.

2.

Exceptions to the above requirements are as follows:

A.

In the CBD zoning district, a change of use in a structure of historical importance, as determined by the director, shall be exempt from providing additional parking as may be required by this section;

B.

In the CBD zoning district, where a residential use in a mixed use project occupies up to fifty percent of the gross floor area of the project, the residential parking requirement may be reduced up to fifty percent subject to approval of the review authority. The review authority may waive the requirement for covered parking as long as at least one space can be designated for the sole use of each residential unit; and

C.

An existing single family residence that has less than the required number of off-street parking spaces may be enlarged without providing additional parking spaces if either of the following apply:

(1)

The addition is less than three hundred square feet gross; or

(2)

The addition, when combined with the square footage of the existing structure (excluding any garage space) equals less than one thousand three square feet gross.

3.

All off-street parking spaces and areas required by this section shall be designed and maintained to be fully usable for the duration of the use requiring the parking.

4.

Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use and shall not be reduced or encroached upon in any manner. Except that, required parking areas for approved seasonal or intermittent uses may be used for other activities when not required for the primary use, if specifically approved by the director.

5.

Temporary use of off-street parking spaces for non-parking purposes will not violate this ordinance if the use is less than thirty days and is specifically approved by the director.

6.

Parking facilities constructed or substantially reconstructed subsequent to the effective date of this section, whether or not required, shall conform to the design standards outlined in this Section.

7.

No existing use of land or structures shall be deemed to be nonconforming solely because of the lack of off-street parking spaces or parking lot improvements required by this section; provided that facilities being used for off-street parking as of the date of adoption of this section shall not be reduced in number to less than that required by the provisions of this section.

8.

If more than one use is located on a site, including multiple uses under single ownership, the number of offstreet parking spaces to be provided shall be equal to the sum of the requirements prescribed for each use.

9.

Requirements for uses not specifically listed herein shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the use.

10.

Fractional space requirements shall be rounded up to the next whole space.

11.

Off-street parking facilities required by this section for any use shall not be considered as providing parking spaces for any other use except where the use of a joint parking facility is approved by the review authority in compliance with the provisions of Subsection 6.04.3445, (Joint use of parking facilities).

12.

The use of parking facilities shall be without monetary charge when the parking is required in compliance with this section except when monetary charges have been established by an approved transportation demand management program in compliance with Section 6.04.40.

13.

In multi-use parking facilities, required parking spaces shall not be reserved for a specific business or person, unless the spaces are in excess of the minimum number required.

6.04.3415 - Number of parking spaces required. ¶

The following minimum number of parking spaces shall be provided for each use (where "sf." refers to square foot and "gfa." refers to gross floor area):

USE	USE	NUMBER OF REQUIRED SPACES
1.	Residential:
	Single-family detached dwellings	2 spaces within a garage
	Single-family attached dwellings	2 spaces within a garage; 1 uncovered guest space for every 3 dwellings.
	Mobile home parks	2 spaces for each unit may be in tandem; 1 guest space for every 2 units.
	Multifamily residential:
	Efciency and 1 bedroom	1.5 covered; 1 uncovered guest space for every 3 units.
	2 bedrooms	2 covered; 1 uncovered guest space for every 3 units.
	3 or more bedrooms	2.5 covered; 1 uncovered guest space for every 3 units.
	Large family day care home	1 space for every 7 children, in addition to those required for primary residence.
---	---	---
	Congregate facilities	3 spaces for each 4 living units, plus 3 spaces for each 4 living units for guest and employee parking.
	Rooming houses and similar facilities with guest rooms	1 space for each sleeping room (in dormitories each 100 sf. is considered a sleeping room).
	Residential uses in CBD zoning district	1 covered space per dwelling unit.
2.	Commercial/Ofce: (Except in CBD Zoning District. See item 3 below.)
	Commercial, retail, ands ervice uses except uses listed below:	1 space for each 250 sf. gfa.
	Art/dance studio	1 space per employee, plus 1 space per 4 students at peak attendance.
	Automobile repair, painting	1 space per employee or 1 space for each 1,500 square feet of parcel area, whichever is greater; plus 1 space for each service bay.
	Automobile and other open air sales	1 space for each employee on largest shift; plus 1 space for each 1,000 sf. of parcel area devoted to display/sales up to 10,000 sf., then 1 space for each 5,000 sf.
	Banks, savings and loans, fnancial	1 space for each 400 sf. gfa. Plus 1 lane for each drive up window and/or automatic teller machine with space for 3 vehicles per lane.
	Car Wash—self service	2 spaces per stall plus 2 space queuing lane in front of each stall.
	Car wash—full service	1 space per every 2 employees on the largest shift plus reserve capacity equal to 2 times the capacity of the washing operation (the length of the conveyor in feet, divided by 20).
	Furniture store	1 space for each 750 sf. gfa.
	Hotels/motels	1 space for each unit and 1.5 spaces for each unit with kitchen facilities, plus 1 space for each 5 units and 1 space for each 250 sf. gfa. in lobby, ofce, or commercial use.
	Laundry-coin operated	1 space for every 6 washing machines.
	Lube-n-tune	1 space per bay, plus 1 space for each employee, plus adequate queuing lanes.
	Lumber yards	1 space for each 300 sf. gfa. for indoor sales, plus 1 for each 1,000 sf. of open area devoted to display (partially covered by roof, awning, etc.) or sales.
	Mini-warehouse	5 spaces adjacent to the ofce/ manager's unit and 2 spaces adjacent to all ground level entrances to second story facilities. In addition, a 9-foot wide loading/parking aisle adjacent to structure walls containing storage access doors in addition to the required fre department access aisle. In addition, 2 spaces adjacent to all ground level entrances in multi-story facilities.
---	---	---
	Ofces—general	1 space for each 300 sf. gfa.
	Ofces—medical/dental	1 space for each 225 sf. gfa.
	Restaurants, cafes, bars, public night clubs, and other similar establishments	1 space for each 45 sf. of public seating area, plus 1 for each 250 sf. of all other foor area. For drive-up window with stacking space for 4 vehicles before the menu board.
	Restaurant, take out only, no customer seating	1 space for each 250 sf. gfa.
	Retail nursery/garden supply	1 space for each 300 sf. of indoor display area, plus 1 space for each 1,000 sf. of outdoor display area.
	Service stations	3 spaces plus 2 for each service bay. Additional for mini- mart/retail
	Shopping Centers:
	10,000 to 30,000 sf. gfa.	1 space for each 225 sf. gfa.
	30,000 to 50,000 sf. gfa.	1 space for each 200 sf. gfa.
	50,000 sf. gfa. and above	1 space for each 175 sf. gfa.
	Short-term vacation rental (hosted)	1 space for each guest room in addition to parking required of the existing residential unit
	Short-term vacation rental (non-hosted)	Parking shall be provided as required of the existing residential unit
	Storage yard, salvage yard, junk yard, automobile wrecking yard and similar usesl	1 space for each employee on largest shift or 1 space for each 5,000 sf. of parcel area whichever is greater.
3.	Commercial/Ofce in CBD Zoning District:L
	Commercial (retail, service), ofce (general/medical), eating/drinking establishments/ recreation establishments and other non- residential uses	1 space for each 500 sf. gfa.
4.	Commercial Recreation Uses:
	Bowling alley	2 spaces per lane, plus standard for other associated uses.
---	---	---
	Driving range	3 spaces, plus 1 space per tee.
	Golf course	8 spaces per hole, plus as required for associated uses (i.e., pro shop, bar, banquet room, etc.).
	Golf course, miniature	3 spaces per hole, plus as required for associated uses (i.e., game room, food service, etc.).
	Health clubs, gyms	1 space for each 150 sf. gfa. plus as required for associated uses.
	Swimming pools	1 space for each 500 sf. area related to pool and associated facilities, plus 1 space for each 100 sf. of pool water area.
	Tennis/Racquetball	3 spaces per court, plus as facilities required for associated uses.
5.	Educational Uses:
	Nursery/pre-school/day care centers	1 space for each staf member, plus 1 space for each 6 children.
	Elementary/Junior High	2 spaces for each classroom.
	High School	2 spaces for each classroom, plus 1 space for each 6 students.

USE	USE	NUMBER OF REQUIRED SPACES
	Trade schools, commercial schools	1 space for each 3 student capacity business colleges, of each classroom plus, 1 space for each faculty member and other employees.
6.	Health Related Uses:
	Convalescent/nursing	1 space for each 6 beds, plus 1 homes, sanitariums space for each employee on the largest shift, plus 1 space for each staf doctor.
	Hospitals	1.75 spaces for each bed.
7.	Industrial Uses:
	Industrial, general	1 space for each 500 sf. gfa. plus 1 space for each vehicle used in connection with the use.
	Public utility facilities	1 space for each employee on the largest shift, plus 1 space for each vehicle used in connection with the use. 2 spaces per site minimum.
	Warehouse	1 space for each 1,000 sf. gfa. up to 5,000 gfa., over 5,000 gfa. 1 space for each 5,000 sf. gfa. Additional spaces required for ofce uses exceeding 10% of the total gfa.

8. Places of Assembly and Institutional Uses:

8.	Places of Assembly and Institutional Uses:	Places of Assembly and Institutional Uses:
	Churches, conference/meeting facilities, lodges, union halls	1 space for each 4 fxed seats, or 1 space for each 30 sf. of area in auditoriums, the principle sanctuary, conference space or auditorium, whichever is greater, plus 1 space for every 250 sf. gfa., in non-seating area (other than dining area), plus 1 space for every 50 sf. of dining/ drinking area.
	Libraries, museums, art galleries	1 space for each 300 sf. gfa.
	Theaters, movies (single screen)	1 space per 2 seats, plus 5 for employees.
	Theaters, movies (multi-screen)	1 space per 3 seats, plus 10 for employees.

(Ord. No. 16-862, § 8, 6-14-2016; Ord. No. 18-895, § 11, 12-11-2018; Ord. No. 19-902, § 5, 3-26-2019)

6.04.3420 - Handicapped parking requirements. ¶

Handicapped parking requirements are established by the state and are contained in California

Administrative Code Title 24, Part 2, Chapter 2-71, Section 2-7102. Any change in the state's handicapped parking requirements shall preempt the affected requirements in this subsection.

1.

Handicapped parking spaces shall be designed in a manner consistent with the Uniform Building Code, as illustrated below.

2.

When less than five parking spaces are provided, one space shall be fourteen feet wide and striped to provide a nine-foot parking area and an adjacent five-foot loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for handicapped use only.

3.

Handicapped parking spaces required by this subsection shall count toward fulfilling off-street parking requirements.

6.04.3425 - Motorcycle parking requirements. ¶

Developments with thirty or more parking spaces shall provide at least one designated parking area for use by motorcycles subject to approval by the review authority as to size and location.

6.04.3430 - Bicycle parking requirements. ¶

All commercial, industrial, and office uses shall provide adequate lockable facilities for bicycle parking at a location convenient to the facility for which they are designated. The number and location of spaces that are provided shall be determined by the review authority.

6.04.3432 - Electric vehicle charging systems.

1.

Purpose and Intent. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code Section 65850.7 and 65850.71.

2.

Definitions. The following words and terms as used in this section shall have the meanings hereinafter respectively set forth:

A.

"Building official" shall mean the building official for the City of Fillmore or the person designated by the building official as the person responsible for administering the provisions of this chapter.

B.

"Electronic submittal" as may be amended from time to time means the utilization of one or more of the following:

1.

Electronic mail or email.

2.

The internet.

3.

Facsimile.

C.

1.

An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical

Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Electric vehicle charging station systems and equipment shall also conform to all applicable provisions and requirements of the City of Fillmore Building Code.

2.

The installation of electric vehicle charging station systems and equipment shall be in accordance with the city's adopted electric vehicle charging station checklist established by the department of community development.

3.

All electric vehicle charging stations shall be installed only after approval by the building official and only after issuance of the necessary building permit and any and all other permits required by the city relating to the plumbing, electrical, and mechanical characteristics of the system.

4.

Upon installation of an electric vehicle charging station, the applicant shall be responsible for obtaining authorization and approval to connect the electric vehicle charging station to the local utility provider's electricity grid. In the event the city owns or operates an electric utility into which connection is proposed by the applicant, the application shall demonstrate compliance with the city's utility interconnection policies prior to approval.

B.

This section does not supersede the building official's authority to address higher priority life-safety situations. If the building official makes a written finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, as defined in this chapter, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, the application shall be denied and the city may require the applicant to apply for a use permit. The determination of the building official may be appealed to the planning commission consistent with the requirements of Section 6.04.3432(7).

C.

Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

7.

Appeal to the Planning Commission. Any determination by the building official authorized pursuant to this section shall be final and effective unless appealed to the planning commission by any interested party within fifteen days following issuance of such determination. Notice of such appeal must be filed in the office of the director of community development together with any required fees, and shall be accompanied by a written statement setting forth the reasons why further review is appropriate.

The planning commission shall conduct the appeal at a public meeting.

Following the presentation of the appeal, the planning commission shall consider the matter and may affirm, reverse, or modify the determination of the building official provided that any reversal or modification shall be accompanied by a written statement setting forth the reason for the planning commission action.

8.

Precedent Over Other Requirements. This section shall take precedence over any inconsistent requirement of the Fillmore Municipal Code, to the extent of such inconsistency and no further.

(Ord. No. 22-942, § 1, 8-9-2022)

6.04.3435 - Development standards. ¶

Off-street parking areas shall be provided in the following manner:

1.

Access.

A.

All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The Director may approve exceptions for residential projects.

B.

All access driveways shall provide an on-site vehicle stacking distance of twenty feet to the first parking space or circulation aisle.

C.

A minimum unobstructed clearance height of seven feet six inches shall be maintained above all areas accessible to vehicles.

2.

Dimensional Requirements.

A.

Minimum parking dimensions shall be as indicated in the Table III-1.

B.

For parallel spaces, the minimum width shall be nine feet, and the minimum length shall be twenty feet. There shall be a space of at least four feet between each two parallel spaces.

TABLE III-1

PARKING AREA DIMENSIONS

A	B	C	D	D	E		F	F	G	H
Parking Space Angle	Curb Length Per Car	Stall	Back-Up Driveway1 Width		Single Bay	Width	Double Bay Width		Stall Depth To CL	Total Bay Width
			1-Way	2-Way	1-Way	2-Way	1-Way	2-Way
0°	25'	9'	12'	20'	21'0"	29'0"	30'	38' 0"	9'	18'
30°	18'0"	17'10"	12'	20'	29'10"	37'10"	47'8 "	55'8"	13'11"	27'10"
45°	12'9"	20'6"	14'	20'	34'6"	40'6"	55'0 "	61'0"	17'4"	34'8"
60°	10'5"	21'10"	18'	20'	39'10"	41'10"	61'8 "	63'8"	19'7"	39'2"
90°	9'0"	20'0"	24'	24'	44'0"	44'0"	64'0 "	64'0"	17'6"	40'0"

A - Angle of Parking

B - Curb Length per Car

C - Stall Depth

D - Back Up or Driveway Width

D[1 ] - Driveway Widths Leading to Parking Areas to Be per Subsection 46.04.35

E - Total Width Single Bay Abutting Walls or Other Obstructions (C+D)

F - Total Width Double Bay Abutting Walls or Other Obstructions (2C+D)

G - Stall Depth to Center Line of Abutting Parking Bays (C-H)

H - Total Width of Abutting Parking Bays (2G)

C.

Compact parking spaces may be provided up to a maximum of fifteen of the total required off-street parking spaces in compliance with the following:

(1)

Parking Stall Dimensions.

Length—Seventeen feet

Recreational vehicles that are visible from a public right-of-way shall be screened to a height of six feet in a manner approved by the director.

D.

Recreational vehicles may be temporarily parked on driveways in front of residences for not more than twenty-four continuous hours for the purpose of loading and unloading.

6.

Tandem Parking.

Tandem parking may be used to satisfy parking requirements in residential zoning districts only for mobile home parks, and large family day care centers/homes.

B.

Two parking spaces in tandem shall not have a dimension less than ten feet by thirty-four feet.

6.04.3445 - Joint use of parking facilities. ¶

Owners or lessees of property in commercial or industrial zoning districts may provide parking facilities for their joint use in compliance with the provisions of this subsection.

1.

Joint Use with Parking Reduction.

A.

Parking facilities for adjoining uses which are reasonably close and whose peak hours of operation are substantially different may be provided jointly or may reduce the total number of parking spaces required subject to:

(1)

Approval of the review authority; and

(2)

Satisfaction of the following conditions:

(a)

Sufficient evidence shall be submitted demonstrating that no substantial conflict in the principal hours or periods of peak demands of the uses for which the joint use is proposed will exist. A parking study prepared by a qualified traffic engineering firm may be required as evidence to support conclusions;

(b)

The parking facilities designated for joint use shall be reasonably close to the uses served;

(c)

In computing the number of parking spaces required, the unit of measurement which combines the greatest number of parking spaces shall be used; and

(d)

A written agreement, approved by the city attorney may be required to be executed by all parties concerned and filed in the office of the county recorder. The agreement shall be a covenant running with the land or other enforceable restriction and shall ensure the continued availability of the number of spaces designated for joint use at the periods of time indicated.

B.

In granting parking reductions for joint use of parking facilities, the review authority shall make one or more of the following findings:

(1)

The information presented justifies the requested parking reduction based upon the presence of two or more adjacent land uses which, because of their different operating hours or different peak parking characteristics, will allow joint use of the same parking facilities;

(2)

The traffic engineering report indicated that there are public transportation facilities and/or pedestrian circulation opportunities which justify the requested reduction of parking facilities; or

(3)

The traffic engineering report finds that because of the clustering of different land uses, because of a reduced number of parking spaces can serve multiple trip purposes to the area being considered.

2.

Joint Use Without Parking Reduction. If two or more adjoining uses are under common ownership, or separate ownership and the respective owners have acquired recordable easements for reciprocal access, the uses may jointly provide the required off-street parking. The total number of required parking spaces shall not be less than the sum of the requirements for the individual uses computed separately.

6.04.3450 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.70 Conditional use permits. ¶

2.

Section 6.04.66 Development permits.

3.

Section 6.04.28 Landscaping standards.

4.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.60 Minor modifications.

6. Section 6.04.62 Minor variances. ¶

7.

Section 6.04.32 Off-Street loading standards.

8.

Section 6.04.38 Sign standards.

9.

Section 6.04.58 Temporary use permits.

10.

Section 6.04.64 ariances.

6.04.36 - Recycling facilities. ¶

6.04.3601 - Purpose. ¶

To establish standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

6.04.3605 - Applicability. ¶

Any owner/operator of a recycling facility intending to operate within the city shall comply with all of the following provisions/standards:

1.

Recycling facilities are subject to permit review and are allowable only in the CN, CBD, CH and MPD zoning districts in compliance with the following schedule:

Type of Facility	Districts Permitted	Permit Required
Reverse Vending Machine(s)	CN	Development Permit for up to 5
	CBD	reverse vending machines
	CH
	MPD
Small Collection	CN	Development Permit
	CBD
	CH
	MPD
---	---	---
Large Collection	CH	Conditional Use Permit
	MPD
Light/Heavy Processing	MPD	Conditional Use Permit

For the purpose of this Section, the following definitions shall apply:

A.

"Collection facility." A center for the acceptance by donation, redemption or purchase of recyclable materials from the general public, which may include the following:

(1)

Reverse vending machine(s);

(2)

Small collection facilities which occupy an area of less than three hundred fifty sq. ft. and may include:

(a)

A mobile unit;

(b)

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty sq. ft.; and

(c)

Kiosk-type units which may include permanent structures.

(3)

Large collection facilities which may occupy an area of more than three hundred fifty sq. ft. and may include permanent structures.

B.

"Mobile recycling unit." An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials;

"Convenience zone." An area within a one-half mile radius of a supermarket;

D.

"Supermarket." A full-service, self-service retail store with gross annual sales of two million dollars or more, and which sells a line of dry grocery, canned goods, or non-food items and some perishable items;

E.

"Processing facility." A structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment or to an end-user's specifications by means of baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing or shredding. Processing facilities include the following:

(1)

A light processing facility occupies an area of under forty-five thousand sq. ft. of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not bale, compact or shred ferrous metals other than food and beverage containers; and

(2)

A heavy processing facility is any processing facility other than a light processing facility.

F.

"Recycling facility." A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrial designated parcel used solely for the recycling of material generated on the parcel;

G.

"Recycling or recyclable material." Reusable domestic containers including but not limited to glass, metals, paper and plastic which are intended for reconstitution, remanufacture, reuse or for the purpose of using in altered form. Recyclable material does not include hazardous materials or trash/refuse; and

H.

"Reverse vending machine." An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by state law. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the

requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reverse vending machine that is larger than fifty sq. ft., is designed to accept more than one container at a time and will pay by weight instead of by container.

2.

All recycling facilities shall comply with the following standards:

A.

Reverse vending machine(s) shall not require additional parking spaces for recycling customers, and may be located only in the CN, CBD, CH and MPD zoning districts subject to the approval of a development permit and the following standards:

(1)

Shall be installed as an accessory use to a commercial or industrial use which is in full compliance with all applicable provisions of this ordinance and the Municipal Code;

(2)

Shall be located within close proximity to the entrance of the commercial or industrial structure and shall not obstruct pedestrian or vehicular circulation;

(3)

Shall not occupy parking spaces required by the primary use;

(4)

Shall occupy no more than fifty sq. ft. of space for each installation, including any protective enclosure, and shall be no more than eight feet in height;

(5)

Shall be constructed and maintained with durable waterproof and rustproof material;

(6)

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

(7)

Shall have a maximum sign area of four sq. ft. for each machine, exclusive of operating instructions;

(8)

Shall be maintained in a clean, sanitary, and litter-free condition on a daily basis;

(9)

Shall be illuminated to ensure comfortable and safe operation if there are operating hours between dusk and dawn; and

(10)

Shall maintain adequate refuse containers on-site for the disposal of non-hazardous waste.

B.

Small collection facilities located within the CN, CBD, CH and MPD zoning districts shall be subject to the approval of a Development Permit and the following standards:

(1)

Shall be installed as an accessory use to an existing commercial or industrial use which is in full compliance with all applicable provisions of this ordinance and the Municipal Code;

(2)

Shall be no larger than three hundred fifty sq. ft. and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

(3)

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

(4)

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

(5)

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

(6)

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

(7)

Shall store all recyclable material in the mobile unit vehicle and shall ensure that materials are not left outside of the unit when attendant is not present;

(8)

Shall ensure that the site is maintained clean, sanitary and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

(9)

Noise levels shall be in compliance with Subsection 6.04.1805(14) (Noise Attenuation);

(10)

Shall not be located within thirty feet of any residential zoning district/use;

(11)

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

(12)

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure;

(13)

Signs may be provided as follows:

(a)

Recycling facilities may have identification signs with a maximum area of fifteen percent for each side of a structure or sixteen sq. ft., whichever is greater. In the case of a wheeled facility, the side will be measured from the ground to the top of the container;

(b)

Signs shall be consistent with the character of their location; and

(c)

Directional signs, consistent with Section 6.04.38 (Sign standards), bearing no 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.

(14)

The facility shall not impair the landscaping required by Section 6.04.28 (Landscaping standards) for any concurrent use allowed by this ordinance;

(15)

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

(16)

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

(17)

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

(18)

Small collection facilities located within five hundred feet of an RPD zoning district shall not operate between the hours of 10:00 p.m. and 7:00 a.m.;

(19)

Small collection facilities may be subject to landscaping and/or screening as determined by the director;

(20)

Shall maintain adequate refuse containers on-site for the disposal of non-hazardous waste; and

(21)

The permit shall be reviewed at the end of one year and again thereafter, as determined by the director.

C.

A large collection facility, which is larger than three hundred fifty sq. ft. or on a separate parcel not accessory to a "primary" use, and which shall have a permanent structure, is allowed only in the CH and MPD zoning districts, subject to the approval of a conditional use permit and the following standards:

(1)

The facility shall not be located adjacent to any residential zoning district/use;

(2)

The facility shall be screened from all public rights-of-way, within an enclosed structure;

(3)

Structure setbacks and landscape requirements shall comply with those provided for the CH and MPD zoning districts;

(4)

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition at all times. Storage containers for flammable materials shall be constructed

of nonflammable materials. Outdoor storage shall be screened by a minimum 6 foot high, solid decorative masonry wall. No storage, excluding truck trailers, shall be visible above the height of the required wall;

(5)

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials. Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present;

(6)

Space shall be provided on-site for six vehicles to circulate and to deposit recyclable materials;

(7)

Four parking spaces for employees plus one parking space for each commercial vehicle operated by the recycling facility shall be provided on-site;

(8)

Noise levels shall be in compliance with Subsection 6.04.1805(14) (Noise Attenuation);

(9)

If the facility is located within five hundred feet of any residential zoning district/use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.;

(10)

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least fifty feet from any residential zoning district/use, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected;

(11)

Donation areas shall be kept free of litter and any other undesirable material and the containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;

(12)

Signs shall be installed in compliance with Section 6.04.38 (Sign standards). Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;

(13)

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

(14)

Shall maintain adequate refuse containers on-site for the disposal of non-hazardous waste.

D.

Light and heavy processing facilities shall be allowed only in the MPD zoning district subject to the approval of a conditional use permit and the following standards:

(1)

The facility shall not be located adjacent to any residential zoning district/use;

(2)

Processors shall only operate within a completely enclosed structure;

(3)

Power-driven processing shall be permitted provided all noise levels are in compliance with Subsection 6.04.1805(14) (Noise Attenuation). Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

(4)

A light processing facility shall be no larger than forty-five thousand sq. ft., shall have no more than an

average of two outbound truck shipments of material each day and shall not bale, compact or shred ferrous metals other than food and beverage containers. A heavy processor may exceed forty-five thousand sq. ft. and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;

(5)

Structure setbacks and landscape requirements shall be in compliance with the MPD zoning district;

(6)

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition at all times. Storage containers for flammable materials shall be constructed of nonflammable material. Outdoor storage shall be screened by a solid decorative masonry wall, with a maximum height of eight feet, subject to the approval of the Director. No storage, excluding truck trailers, shall be visible above the height of the required wall;

(7)

(8)

Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, an on-site parking area shall be provided for a minimum of 10 customers at any one time;

(9)

One employee parking space shall be provided on-site for each commercial vehicle operated by the processing center;

(10)

Noise levels shall be in compliance with Subsection 6.04.1805(14) (Noise Attenuation);

(11)

If the facility is located within five hundred feet of any residential zoning district/use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during normal business hours;

(12)

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district/use, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected;

(13)

(14)

(15)

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

(16)

Shall maintain adequate refuse containers on-site for the disposal of non-hazardous waste.

E.

Any permit issued in compliance with this section (except for small collection facilities in compliance with Subsection 6.04.3605[21]) shall have a maximum term of three years. Prior to permit renewal, the City shall

take into consideration the permittee's history of compliance with the established conditions of approval, as well as the provisions of this section and the Municipal Code.

6.04.3610 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.70 Conditional use permits. ¶

2.

Section 6.04.66 Development permits.

3.

Section 6.04.28 Landscaping standards.

4.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

7.

Section 6.04.32 Off-street loading standards.

8.

Section 6.04.34 Off-street parking standards.

9.

Section 6.04.38 Sign standards.

10.

Section 6.04.58 Temporary permits.

11.

Section 6.04.64 Variances.

6.04.38 - Sign standards. ¶

6.04.3801 - Purpose. ¶

To achieve the following:

1.

Provide minimum standards to protect the general public health, safety, welfare, and aesthetics of the city;

2.

Implement the general plan by ensuring that signs erected within the city are compatible with their surroundings;

3.

Maintain the attractiveness and orderliness of the city's appearance by regulating the number, location, type, height, illumination and maintenance of signs; and

4.

Protect business sites from loss of prominence resulting from excessive signs on nearby sites.

6.04.3805 - Applicability. ¶

No signs shall be erected, moved, altered, repaired, or maintained within the city except in compliance with the provisions of this section.

6.04.3810 - Definitions. ¶

For the purpose of this section, unless otherwise apparent from the context, the following definitions shall apply.

"Abandoned sign." Any sign which was lawfully erected, but whose use has ceased or whose supporting structure has been abandoned by the owner thereof for a period of six months or more.

"A-frame sign. A free standing sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A". These signs are usually designed to be portable, hence they are not considered permanent signs.

"Animated or moving sign." Any sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

"Alteration." Any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign.

"Area of a sign." See "Sign area".

"Awning, canopy, or marquee sign." A non-electric sign that is painted on, or attached to an awning, canopy or marquee.

"Banner, flag, or pennant." Any cloth, bunting, plastic, paper, or similar material used for advertising purposes attached to or pinned onto any structure, staff, pole, line, framing, or vehicle, including captive balloons and inflatable signs but not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

"Billboard or off-site sign." A sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located.

"Building frontage." That building elevation which fronts on a public street, alley, parking lot or pedestrian arcade.

"Business frontage." The portion of a structure occupied by an individual/tenant which fronts on a public street, alley, parking lot or pedestrian arcade.

"Building identification sign." Sign which identifies the name and address of a multi-tenant structure and contains no further advertisement or names of individual businesses.

"Business identification sign." Sign which serves to identify only the name, address and lawful use of the premises upon which it is located and depicts no other advertisements or product identification.

"Cabinet sign (can sign)." A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.

"Changeable copy sign." A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature displays.

"Channel letters." Three dimensional individually cut letters or figures, illuminated or unilluminated, affixed to a building or sign structure.

"Civic event sign/banner." A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization or similar noncommercial organization.

"Contractor or construction sign." A sign which states the name of the developer and contractor(s) working on the site and any related engineering, architectural or financial firms involved with the project.

"Directional sign." Signs limited to directional messages, principally to direct pedestrian or vehicular traffic (i.e., "one way," "entrance," or "exit").

"Directory sign." A sign for listing the tenants and their suite numbers in a multiple tenant building or center.

"Dominant building frontage." The principle frontage of a structure where the main entrance is located or which faces the street on which its address is located.

"Eave line." The bottom of the roof eave.

"Electronic reader board sign." See "Changeable copy sign."

"Flashing sign." A sign that contains an intermittent or sequential interruption of the light source.

"Freestanding sign (pole sign)." A sign which is supported by one or more uprights, braces, poles, or other similar structural components that is not attached to a structure.

"Future tenant identification sign." A temporary sign which identifies the names of future businesses that will occupy a site or structure.

"Grand opening." A promotional activity used by newly established businesses, within three months after occupancy, to inform the public of their location and services available to the community. "Grand opening" does not mean an annual or occasional promotion of retail sales by a business.

"Height of sign." For freestanding signs, the greatest vertical distance measured from the top of the nearest curb to the highest element of the sign. For wall signs, the distance from the finished ground surface directly below the sign to the highest element of the sign.

"Holiday decoration sign." Temporary signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays.

"Illegal sign." A sign which includes any of the following: a sign erected without first complying with all ordinances and regulations in effect at the time of its construction/erection or use; a sign that was legally erected, but whose use has ceased, is not maintained, not used to identify or advertise an ongoing business for a period of not less than 6 months, or the structure upon which the display is placed has been abandoned by its owner; a sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display nonconforming has expired, and conformance has not been accomplished; a sign which is a danger to the public or is unsafe; a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the city; or a sign that pertains to a specific event and five days have elapsed since the termination of the event.

"Institutional sign." A sign identifying the premises of a church, school, hospital, rest home or similar institutional facility.

"Monument sign (ground sign)." An independent structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

"Multi-tenant site/center." A commercial or industrial development consisting of three or more separate businesses that share either the same parcel or structure and use common access and parking facilities.

"Nonconforming sign." Sign which was legally constructed/installed under regulations in effect prior to the effective date of this section or subsequent revisions, but which is now in conflict with the provisions of this section.

"Permanent sign." A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

"Projecting sign." Sign other than a wall sign that is suspended from or supported by a structure and projecting outward.

"Portable sign." A sign that is not permanently affixed to a structure or the ground.

"Promotional sign." A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service or to promote a special sale.

"Property/parcel frontage." The front or frontage is that side of a parcel or development site abutting on a public street.

"Real estate sign." An on-site sign pertaining to the sale, rent, or lease of the premises.

"Roofline." On a sloping roof, the highest ridge line. On a flat roof, the top of the parapet.

"Roof sign." A sign constructed upon or over a roof, or placed so as to extend above the visible roof-line or parapet.

"Sign." Any structure, housing, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, created, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

"Sign area." The entire area within a perimeter defined by a continuous line composed of right angles which enclose the extreme limits of lettering, logo, trademark or other graphic representation, together with any decorative trim forming an integral part of the display used to differentiate it from the background against which it is placed.

"Sign structure." Any structure which supports any sign.

"Special event banner." A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose or occasion (i.e., grand opening or community event).

"Subordinate building frontage." Any frontage other than the dominant frontage.

"Temporary sign." Any sign intended to be displayed for a limited period of time, constructed of nonpermanent materials (cloth, plastic fabric, canvas, paper, wood and similar materials) and capable of being viewed from any public right-of-way, parking area or neighboring property.

"Under-canopy sign." Any sign attached to the underside of a projecting canopy protruding over a private or public sidewalk or right-of-way.

"Vehicle sign." A sign which is attached to or painted on a vehicle which is parked or used in a manner designed to attract attention to a product sold or business located in the vicinity.

"Wall sign." A sign which is attached to the exterior wall of a structure with the display surface of the sign approximately parallel to the structure wall.

"Window sign." Any sign posted, painted, placed, or affixed in or on any window exposed to public view. Any interior sign which faces any window exposed to public view and is located within 3 feet of the

window.

6.04.3815 - Sign permits. ¶

1.

Sign Permits Required. To ensure compliance with the regulations contained in this section, a sign permit shall be required in order to erect, move, alter, change copy on or reconstruct any sign, outdoor advertising, or advertising structure except for signs exempt from permits listed in Subsection 6.04.3820.

2.

Application Requirements. The following information is required for submittal of a sign permit application:

A.

A completed application form and fee; and

B.

Plans, to scale, to include the following:

(1)

Sign details indicating sign area, dimensions, colors, materials, letter style, proposed copy, letter size and method of illumination;

(2)

Site plan indicating the location of all existing and proposed signs with sign area and dimensions for the entire project site;

(3)

Structure elevation(s) with proposed signs depicted and dimensioned;

(4)

The method of attachment for wall signs, and a foundation plan, sign support and method of attachment for freestanding and monument signs;

(5)

The type and method of illumination (interior/ exterior), intensity in lumens and watts, and electrical installation and insulation devices, where applicable;

(6)

Freestanding and monument sign applications shall include landscape plans and architectural materials descriptions, as well as indicate any traffic safety sight areas to ensure safe view of motorists and pedestrians; and

(7)

Other information as the director considers appropriate to determine compliance with the provisions of this section.

3.

6.04.3825 - Planned sign program. ¶

1.

In the case where the use is temporary, in compliance with Section 6.04.58 (Temporary use permits) signs may be approved as part of the temporary use permit;

(4)

Banners shall have rigid frames on at least two sides;

(5)

Balloons shall not exceed two feet in length on the long axis;

(6)

Flags shall not exceed more than one for each fifty feet of street frontage, or one for each light pole on the subject property; and

(7)

Pennants shall not be permitted, except antenna pennants on vehicles in vehicle sales lots.

7.

Exceptions. Temporary signs that are exempt from temporary sign permits are listed in Subsection 6.04.3820 (Exemptions From Sign Permits).

6.04.3835 - Abatement of Illegal and Abandoned Signs. ¶

1.

Public Nuisance. Every illegal, abandoned, and improperly maintained sign shall be deemed to be a public nuisance and may be subject to procedures outlined in Chapter 1.08 of the Municipal Code for the abatement of public nuisances.

2.

Authority to Abate. The director is authorized to abate all illegal, abandoned, and improperly maintained signs in compliance with the procedures of the Municipal Code for the abatement of public nuisances.

3.

Illegal Signs in the Public Right-of-Way. Illegal signs displayed within the public right-of-way or upon public property may be removed by the director without notice or hearing. Signs shall be retained by the city for a period of not less than thirty days. Thereafter, any unclaimed signs may be discarded.

4.

Recovery of Costs. Should the city be required to remove any illegal or abandoned sign in compliance with this subsection, the reasonable cost of the removal may be assessed against the owner of the sign(s). The cost of removal shall be determined by resolution of the council.

6.04.3840 - Nonconforming signs.

1.

A legal nonconforming sign may be allowed continued use through its amortization period, except that the sign shall not be:

A.

Structurally altered so as to extend its useful life;

B.

Expanded, moved, or relocated;

C.

Re-established after a business has been abandoned for six months or more; or

D.

Re-established after damage or destruction of more than fifty percent of its value, and the destruction is other than facial copy replacement and the sign cannot be repaired within thirty days of the date of its destruction, as determined by the director.

2.

Existing legal nonconforming signs shall not prevent the installation of new conforming signs provided that the aggregate area of all signs does not exceed the maximum number or size permitted by this ordinance.

6.04.3845 - Amortization of Nonconforming Signs. ¶

Any sign that is nonconforming with the requirements of this ordinance, either by a variance previously granted or by conformance to the sign regulations in effect at the time the initial approval was granted, shall either be removed or brought into conformance within ten years from the effective date of this ordinance.

6.04.3850 - Prohibited signs. ¶

The following signs are inconsistent with the purpose/intent of establishing this section and are therefore prohibited throughout the city:

1.

Any sign not in compliance with the provisions of this ordinance;

2.

Abandoned signs and sign structures;

Animated, moving, flashing, blinking, reflecting, and similar signs, except signs in the CBD zoning district that are determined through design review to be in character with the architectural design established for the area;

4.

Banner signs for the sale, rental, or lease of property;

5.

Cabinet/can signs with plastic/plexiglass faces within the CBD zoning district except "scribed can signs" in which the can is not square or rectangular and the outer contour of the sign follows the sign text or logo(s);

6.

Bench signs, except at approved bus passenger loading areas;

7.

Chalkboards or blackboards, except for restaurants in the CBD zoning district;

8.

Changeable copy signs either electronically or manually controlled, except as approved for a religious facility, movie theater, time/temperature display, gasoline pricing sign, or digital sign within the city's commercial highway zoning district subject to the standards provided for in Section 6.04.3893; (Per City Council Ordinance No. 854)

9.

Inflatable signs;

10.

Light bulb strings, except in the CBD zoning district and for temporary uses (i.e., Christmas tree lots, carnivals, and similar uses) subject to approval of a temporary use permit;

11.

Off-site signs, except those specifically permitted by the provisions of this section;

12.

Painted signs on fences or roofs, except in the CBD zoning district;

13.

Pole signs in the CBD zoning district;

Portable signs or A-frame signs;

15.

Roof signs extending above the roof eave or parapet line of a structure except in the area bounded by Main, Mountain View, Santa Clara and the extension of Fillmore Street;

16.

Signs on public property, except for traffic regulatory, informational signs or signs required by a governmental agency;

17.

Signs emitting audible sounds, odors, or visible matter;

18.

Signs erected in a manner that any portion of its surface or supports interfere in any way with the free use of any fire escape, exit, or standpipe or obstructs any door, stairway or window above the first story; and

19.

Vehicle signs when parked or stored on property or public streets to identify a nearby business or promote a product available nearby.

6.04.3855 - General provisions for all signs.

1.

Maintenance of Signs. All signs including temporary signs, shall be maintained in good repair and functioning properly at all times. All repairs shall be equal or better in quality of materials and design as the original sign.

The director shall have the authority for determining the maintenance status of all signs. Signs which are not properly maintained are deemed to be a public nuisance, and shall be abated in compliance with Subsection 6.04.3835.

2.

Measurement of Sign Area.

A.

All Signs Except Awning Signs.

(1)

The surface area of a sign shall be calculated by enclosing the extreme limits of any writing, logo, or emblem, together with any frame, background area, trim or other material forming an integral part of the

background of the sign or used to differentiate the sign from the backdrop or surface against which it is placed, within a single continuous perimeter composed of squares or rectangles.

==> picture [408 x 350] intentionally omitted <==

(2)

Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

(3)

If the sign consists of more than one section or module, all of the area, including the area between the sections or modules, shall be included in the computation of sign area.

(4)

Double-faced freestanding and monument signs with (back-to-back) surfaces shall be regarded as a single sign only if the distance between each parallel sign face does not exceed two feet.

(5)

Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks) the sign area is the smallest rectangle within which the object(s) can be enclosed.

Awning or Canopy Signs.

(1)

The surface area of a canopy or awning sign shall be calculated by enclosing the extreme limits of any writing, logo, representation, emblem, border or other display within a single continuous perimeter composed of squares or rectangles.

(2)

If more than one surface of the awning or canopy is utilized for signs or if an under-canopy sign is attached to the main canopy, the aggregate sign area shall be calculated by totaling the sign area on each surface.

6.04.3860 - Address numbers required. ¶

All non-residential structures shall have address numbers a minimum of six inches in height and of a contrasting color. For multi-family, commercial, institutional, and industrial uses address numbers shall be illuminated. For multi-tenant structures/projects, each individual tenant space shall also be addressed, and a site plan directory should be provided.

6.04.3865 - illumination of signs. ¶

All sign illumination shall be either from the interior of a sign, behind individually cut letters (back lighting), or a shielded indirect lighting source. Care shall be taken in the design and placement of all signs to ensure that no lighting source creates negative effects on surrounding properties or public rights-of-way.

6.04.3870 - Use of exposed neon tubing. ¶

The use of neon (exposed gaseous light tubing) shall be allowed in commercial zoning districts only. Any use of neon requires the approval of a sign permit in compliance with Subsection 6.04.3815. In addition, the following requirements shall apply:

1.

Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum twenty amps for each circuit;

2.

Neon manufacturer shall be registered with Underwriters Laboratories;

3.

Neon tubing shall not exceed one-half-inch in diameter;

4.

Neon lighting adjacent to residential uses shall not exceed on one-half foot candle measured at the commercial property line;

Neon tubing shall not be combined with any reflective materials (i.e., mirrors, polished metal, highly glazed tiles or other similar materials);

6.

When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall be concealed from view through the use of parapets, cornices, ledges or similar devices; and

7.

Neon signs, together with other permitted window signs, shall not occupy more than twenty-five percent of the total window area.

6.04.3875 - Wall signs. ¶

1.

Wall signs shall be located only on structure frontages, except directional signs.

2.

Wall signs shall not project from the surface upon which they are attached more that required for construction purposes.

3.

Wall signs shall not project above the eaveline of a structure, or a sill of a second story window.

4.

Wall signs shall be placed within the center eighty percent of a structure frontage. Signs which are placed outside this area shall be subject to a twenty-five-percent reduction in total allowable sign area.

6.04.3880 - Projecting signs. ¶

1.

All projecting signs shall be double-faced.

2.

Projecting signs shall be located only on structure frontages, except directional signs.

3.

Only projecting signs that are proposed to be attached to structure frontages located within one foot of a property line abutting a public street may be considered for possible encroachment into a public right-ofway.

4.

Projecting signs may project over public spaces, public sidewalks, or structure lines as far as, but not beyond, the line marked "A" indicated in Exhibit III-1 provided in this Section.

5.

Signs that project over a public right-of-way shall require the approval of an encroachment permit.

6.

No signs shall project above the eaveline of a structure with a sloping roof or above the parapet on a flat roof.

7.

The maximum thickness of a projecting sign shall not exceed that required for construction purposes.

8.

All signs shall have a minimum vertical clearance of eight feet from the ground to the bottom of the sign or sign structure.

6.04.3885 - Signs on awnings.

1.

Signs on awnings are limited to the valance area only.

2.

The maximum letter height for awning signs shall be 5 inches.

6.04.3890 - Freestanding and monument signs. ¶

1.

Signs are permitted only for property frontages adjoining a public street.

2.

There shall be a minimum of seventy-five feet between any two freestanding signs on adjoining sites whenever possible in order to ensure adequate visibility for all signs.

3.

Signs are subject to all required setbacks and shall not project over any public rights-of-way.

4.

Signs shall identify only the center's name and up to two major tenants; or three major tenants and no center name.

Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign (i.e., thirty sq. ft. sign area = sixty sq. ft. landscaped area).

6.

The height of freestanding signs shall be measured from the lowest finished grade at the bottom of the sign.

6.04.3891 - Portable sidewalk signs. (per Ord. 98-726 adopted 3/10/98)

1.

Signs are permitted in the central business district, commercial highway zone and commercial neighborhood zone only.

2.

Signs located in the commercial highway zone shall be located on private property.

3.

Portable sidewalk signs shall not be permitted in the street.

4.

Each business is permitted one portable sidewalk sign.

5.

Signs in the COD, CH and CN zones shall be located directly in front of the business.

6.

Maximum sign width is twenty-four inches.

7.

Maximum sign height is four feet.

8.

Signs shall receive a sign permit from the planning director.

9.

Signs in COD, CH and CN zones shall be located on sidewalks adjacent to the curb or promenade and provide for not less than a five-foot wide access between the sign and the business to allow for pedestrian movement.

Signs shall be removed daily by the business operator at the close of business hours from the public rightof-way and relocated within the subject business.

11.

Signs shall comply with the Downtown Specific Plan, Central Business District Core Sign Guideline 1.C, Figurative Signs as determined by the community development director.

12.

Signs shall be maintained in good condition.

13.

The community development director has the authority to deviate from the portable sign standards in the interest of safety as it relates to size, location and stability.

14.

Portable sidewalk signs must be designed and constructed to prevent tripping hazards and constructed to prevent wind from blowing over the sign.

15.

A-frame signs are not permitted. But, A-frame signs are permitted on a temporary basis at fifteen-day periods for non-businesses to announce special events or noticing.

16.

Signs shall not have any moving parts or electrical illumination.

17.

Failure to comply with the above conditions as determined by the community development director and after five—day notice to comply will result in removal of sign and revocation of sign permit.

6.04.3892 - Off-site tourist signs. (per Ord. 98-728) ¶

1.

Tourist attractions as defined in Section 6.04.9610 are permitted off-site signs.

2.

No more than one off-site sign per tourist attraction may be located along Ventura Street within the city for each direction of travel. Each sign may be double-faced.

3.

Sign designs shall comply with the Ventura Street Design Guidelines as determined by the community development director.

Off-site signs shall display the Heritage Valley logo as directed from the community development director.

5.

The owner of the subject property must approve, in writing, the sign location.

6.

A permit is required.

7.

Signs shall be maintained.

8.

Tourist cluster businesses, i.e., restaurants antique store etc., are permitted no more than one-sign per cluster for each direction of travel along Ventura Street.

9.

Developed properties along Ventura Street may permit one tourist attraction off-site sign per the following requirements:

A.

Off-site sign shall be a monument sign.

B.

Freestanding signs are not permitted.

C.

The maximum area of each sign shall not exceed twenty-five square feet per sign face.

D.

The height of the sign shall not exceed six feet if there is no front setback from the property line.

E.

The height of the sign shall not exceed eight feet if there is more than a fifteen-foot setback from the property line.

10.

Undeveloped properties along Ventura Street may permit one tourist attraction off-sire sign per the following requirements:

A. Freestanding signs are permitted.

B.

The maximum area of freestanding signs shall not exceed one hundred square feet per sign face.

C.

Freestanding signs shall not exceed twenty-five square feet in height.

D.

Monument signs shall not exceed twenty-five square feet per sign face and shall not exceed eight feet in height.

6.04.3893 - Digital signs. (per CC Ord. No. 854) ¶

On-premises digital signs shall be permitted in the commercial highway zoning district in accordance with the provisions of this section.

1.

Properties are limited to one digital sign for those properties with three hundred fifty linear feet in width of frontage along Hwy 126. Those properties along Ventura Street that comply with requirements for both freestanding signs and digital signs are required to combine both freestanding and digital sign onto a single structure rather than two separate structures.

2.

Only the permitted on-premises business is permitted to advertise on the digital sign. No digital sign shall be used for off-site advertisement.

3.

General Development Standards. The construction of a digital on-premises sign may be permitted by the planning commission subject to any conditions which may be impose, pursuant to this section and chapter and as permissible by law. The planning commission may, in granting a development permit, impose conditions relating to building codes, zoning requirements, health and safety codes, and other development requirements which satisfy the purpose and spirit of this title.

4.

Violation of, or noncompliance with, any of the conditions imposed on the development permit shall constitute grounds for revocation of the permit by the planning commission.

5.

Digital signs shall be oriented away from properties zoned residential. Light intensity shall not exceed a brightness level of 0.3 foot candles above ambient light measured at the property line of the nearest

residential property.

A.

Measurement of Distance. For purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the digital sign to the nearest property line of any land use, land use district, or zone.

6.

Digital sign screen display shall not exceed one hundred square feet.

7.

The following limitations shall apply to all digital on-premises sign displays:

A.

No sign shall display animated messages, including flashing, blinking, fading, rolling, shading, dissolving, or any other effect that gives the appearance of movement.

B.

The digital screen shall be in color video only. No black and white screen images are permitted.

C.

No sign shall include any audio.

D.

Signs shall display static images only and shall not change more than once every five seconds.

E.

Transitions from one static image to the next shall appear instantaneous, without the appearance of animation.

F.

Each sign shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness based on actual ambient light conditions. Measurement shall be taken at least thirty minutes past sunset, using a foot candle meter to record the ambient light reading for the area. This is done while the message center is off or displaying all black copy. No sign shall exceed a brightness level of 0.3 foot candles above ambient light. The reading shall be taken with the meter aimed directly at the message center at the appropriate pre-set distance. The measuring distance shall be calculated with the following formula:

G.

Digital on-premises signs shall be programmed to go dark in the event of a malfunction. A maintenance program shall be submitted with the Development Permit application in order to address malfunctioning or broken signs.

H.

Digital signs shall be dark from 11:00 p.m. to 7:00 a.m. every day.

8.

Digital signs are subject to all required setbacks and shall not project over any public rights-of-way.

9.

Installation of a digital sign on an existing freestanding sign shall require a full structural and aesthetic upgrade of the existing freestanding sign.

10.

Landscaping shall be provided at the base of the supporting structure of the sign equal to twice the area of one face of the sign. (For example, thirty square feet sign area = sixty square feet required landscaping area.)

11.

Digital sign structure height requirements shall be the same as those for freestanding signs provided in Section 6.04.3890.

12.

Digital signs are subject to any design guidelines adopted for the commercial highway designation.

13.

Digital signs shall be subject to federal and state laws and requirements pertaining to the placement of digital signs adjacent to Hwy 126. (Per City Council Ordinance No. 854)

6.04.3895 - Sign regulations by zoning district. ¶

Table III-2 identifies the numbers and sizes of signs permitted in each zoning district.

EXHIBIT III-1

ALLOWABLE CLEARANCE AND PROJECTION OF PROJECTING SIGNS (RESERVED)

TABLE III-2

SIGN REGULATIONS BY ZONING DISTRICTL

CLASS	TYPE	MAXIMUM NUMBER	MAXIMUM SIGN AREA	MAXIMUM SIGN HEIGHT	LOCATION	ILLUM.	REMARKS

A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS

A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS	A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS	A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS	A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS	A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS	A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS	A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS	A. SIGNS PERMITTED IN THE RPD (RESIDENTIAL) ZONING DISTRICTS
1. Name Plate	Wall or door	1 per dwelling unit	2 s.f. each	Below roofine	Wall or door	No	Shall identify only the name and/or address of the occupant
2. Apartment Identifcation	Wall or monument	1 per street frontage	10 s.f. each	Below roofine for wall sign and 6 ft. for monument sign.	5 ft. setback from property lines	Yes	a. Signs shall not be internally lighted b. Copy limited to name of complex, address, manager's phone number
3. Institutional Signs	Wall or monument	1 per street frontage	20 s.f. each	Below roofine for wall sign and 4 ft. for monument sign	10 ft. setback from front and 5 ft. setback from side property line	Yes	a. Name of institution only b. May incorporate changeable copy c. Shall not be internally lighted
4. Mobile Home Park Identifcation	Wall or monument	2 per major entrance	20 s.f. each	Below roofine for wall sign and 4 ft. for monument sign	At main entrance to park	Yes	a. Shall identify only the name of the mobile home park and address b. Shall not be internally illuminated
5. Temporary Signs—The following temporary signs a			re permitted in any RPD zoning district.
a. Subdivision Identifcation (on- site)	Freestanding	3 signs per project	100 s.f. each	15 ft.	5 ft. setback from property lines. Located on the project site	No	Refer to Subsection 6.04.3830(A)
b. Subdivision Directional (of-site)	Freestanding	3 signs per project	100 s.f. each	15 ft.	5 ft. setback from property lines		Refer to Subsection 6.04.3830(A)
c. Real Estate (single-family)	Wall or Freestanding	1 per street frontage	7 s.f. each	6 ft.	Within the subject property	No	Copy limited to the sale, rent, or lease of the subject property
d. Rental/Lease (multi-family)	Wall or Freestanding	1 per street frontage	16 s.f. each	7 ft.	ft. setback from property lines.	No	a. Copy limited to project name and rental/lease information b. Use of banners is prohibited
e. Construction Signs	Wall or Freestanding	1 per street frontage	20 s.f. each	8 ft.	5 ft. setback from property lines	No	a .Copy limited to names of architect, engineer, contractor, builder, etc b. Refer to Subsection 6.04.3820(5).
f. Special Event Signs—Refer to Subsection 6.04.3830(B)
B. SIGNS PERMITTED IN THE CO (COMMERCIAL OFFICE) ZONING DISTRICT

f. Special Event Signs—Refer to Subsection 6.04.3830(B)

B. SIGNS PERMITTED IN THE CO (COMMERCIAL OFFICE) ZONING DISTRICT

1. Business Identifcation (Single-Tenant)	Wall and/or monument	1 each per building frontage	.5 s.f. of sign area per lineal foot of building frontage. 50 s.f. max.	Below roofine for wall sign and 6 ft. for monument.	Monument signs shall be setback 3 ft. from property lines	Yes	Allowable aggregate sign area includes all wall and monument signs.
2. Building Identifcation (Multi- Tenant)	Wall or monument	1 per street frontage.	.5 s.f. of sign area per lineal foot of building fronting on a street. 50 s.f. max.	Below roofine for wall sign and 6 ft. for monument.	Monument signs shall be setback 3 ft. from property line.	Yes	Copy shall pertain only to the name of the building/project.
3. Business Identifcation (Multi- Tenant)	Wall	1 per tenant.	10 s.f. each	Below roofine	Wall or canopy	Yes	Copy shall pertain only to name of business/tenant.
4. Pedestrian Business Directory (Multi-Tenant)	Wall or Freestanding	To be determined by the director.	15 s.f. each	6 ft.	May not be located in any required setback	Yes	To identify tenants and provide directions to individual tenants.
5. Name Plate	Wall	1 per tenant	4 s.f. each		Adjacent to primary entrance of each tenant		Copy limited to name and address of each tenant.
6. Window Signs	Window	1 per window	20% of window area.				Only individual letters/logos/symbols painted or applied to window surfaces are permitted
7. Awning Signs	Awning	1 per building frontage	10 s.f. max.		On awning valance only		Letter height shall not exceed 5 in.
C. SIGNS PERMITTED IN CN AND CH (COMMERCIAL) ZONING DISTRICTS
1.Single-Tenant Sites—Not part of a center
a. Business Identifcation	Wall and/or awning	2 per building frontage. Max. 3 signs per project	1 s.f. of sign area per each lineal foot of building frontage. 50 s.f. max.	ay not project above the roofine or eave line	May be located on parapet or canopy	Yes	Allowable aggregate sign area includes all wall, canopy and projecting signs.
b. Business Identifcation Projecting	1 double face sign per treet frontage	6 s.f. per face in CN; 10 s.f. per face in CH	Refer to Subsection 6.04.3880	Center 40% of building	Yes	Allowable aggregate sign area includes all wall, canopy, and projecting signs
c. Business dentifcation	Window (permanent)	1 sign per window	25% of window area		Lettering permitted on interior or	No, except neon signs.	a. No more than 2 neon signs per business.
					exterior of window		Refer to Subsection 6.04.3870.
---	---	---	---	---	---	---	---
d. Business Identifcation	Monument	1 per site with min. 100 ft of street frontage	25 s.f. per face	ft. without setback, 8 ft. with 15 ft. setback	Center 80% of frontage	Yes
e. Business Identifcation	Freestanding	1 per site with min. 300 ft. of street frontage.	70 s.f. per face	25 ft.	Center 80% of frontage		Authorized in lieu of a monument sign.
2. Multi-Tenant Sites—Shopping Centers
a. Business Identifcation	Wall or awning	1 per tenant per building frontage	1 s.f. of sign area per each lineal foot of building frontage. Not to exceed 50 s.f. max.	May not project above the roofine or eave line.	May be located on parapet or canopy	Yes	All multi-tenant projects shall develop a coordinated sign program for all tenants and uses in compliance with Subsection 6.04.3825.
b. Business Identifcation	Window (permanent)		25% of window area	Window lettering permitted on interior or exterior of glass window or door	No, except neon signs	Permanent window signs are intended to identify the business name. Signs shall not advertise products or sales
c. Business Identifcation	Under canopy or marquee	1 per entrance (double face)	4 s.f. per face.		Beneath canopy or marquee with min. 7 ft. clearance below sign.		a. Signs shall be uniform in color and design for all tenant identifcation within the center. b. May be in addition to window and wall signs.
d. Business Identifcation	Monument	1 per site with min. 100 ft. of street frontage	25 s.f. per face (See remarks)	4 ft. without setback, 6 ft. with 15 ft. setback (See remarks)	Center 80% of frontage. Shall not create hazard at drive-ways or corners.	Yes	a. On Ventura St. max. area shall be: 25 s.f. with up to 199 ft. of street frontage; 40 s.f. with 200 ft. or more. b. On Ventura St. max. height shall be: 10 ft. with up to 199 ft. of street frontage; 12 ft. with 200 ft. or more. c. Sign copy shall not exceed 8 ft. and 10 ft. respectively.
							d. Refer to Subsection 6.04.3890.
---	---	---	---	---	---	---	---
e. Business Identifcation	Freestanding	1 per site with min. of 300 ft. street frontage.	70 s.f. per face	25 ft.	Shall not create hazard at driveways or corners.	Yes	a. Either a monument or freestanding sign is allowed. b. Monument sign requirements c. Refer to Subsection 6.04.3890.
f. Business Identifcation (Additional)	Additional Monument	1 each per site with min. 500 ft. of street frontage.				Yes	Same requirements as for monument sign above.
3. Service Stations
a. Service Station Identifcation and Pricing	Wall	2 per street frontage	10% of building face not to exceed 30 s.f. total per face.	Not above roofine		Yes

1. Business Identifcation (Single-Tenant)	Wall and/or monument	1 each per building frontage	.5 s.f. of sign area per lineal foot of building frontage. 50 s.f. max.	Below roofine for wall sign and 6 ft. for monument.	Monument signs shall be setback 3 ft. from property lines	Yes	Allowable aggregate sign area includes all wall and monument signs.
b. Service Station Identifcation and Pricing	Monument	1 per use.	30 s.f. per face	5 ft.	Shall not create hazard at driveways or corners	Yes	Signs shall be designed to include the identifcation of the station and gasoline prices. No other price signs are allowed.
c. Special Service Signs	Wall	1 for each pump island, not to exceed a total of 4 per station	2 s.f. each.	8 ft.		No	Special service signs shall be limited to "self serve," "full serve," "air," "water," "cashier" and similar information.
D. SIGNS PERMITTED IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT
1. Building identifcation on the dominant building frontage, frst foor	Wall, awning, projecting, and/or window		12 s.f. with frontage less than 25 linear feet; 25 s.f. with frontage less than 50 linear feet; 30 s.f. with frontage more than 50 linear feet		First foor of dominant frontage	Yes	a. Letter height shall not exceed 10 in. for all signs except awning which shall not exceed 5 in. b. Window signs are limited to 25% of the window area.
2. Business identifcation on the dominant building frontage, second foor	Wall, awning, projecting, and/or window		½ the allowable area for frst foor businesses		First foor of dominant frontage	Yes	a. Letter height shall not exceed 10 in. for all signs except awning signs which shall not exceed 5 in. b. Window signs are
							limited to 25% of the window area.
---	---	---	---	---	---	---	---
3. Business dentifcation on the subordinate building frontage, frst foor.	Wall, awning, projecting, and/or window		6 s.f. with frontage less than 25 linear feet; 12 s.f. with frontage less than 50 linear feet; 15 s.f. with frontage more than 50 linear feet		First foor on subordinate frontage.	Yes	a. Letter height shall not exceed 10 in. for all signs except awning signs which shall not exceed 5 in. b. Window signs are limited to 25% of the window area.
4. Business identifcation on the subordinate building frontage, second foor	Wall, awning, projecting, and/or window		½the allowable area for frst foor businesses.		Second foor of subordinate frontage	Yes	a. Letter height shall not exceed 10 in. for all signs except awning signs which shall not exceed 5 in. b. Window signs are limited to 25% of the window area.
5. Institutional Signs	Wall and/or monument	2 per building	.05 s.f. of sign area per each lineal foot of building frontage. Not to exceed 25 s.f. total	6 ft. for monument sign	Below roofine for wall sign	Yes	a. Name of institution only . May incorporate changeable copy c. Shall not be internally lit d. Landscape base for monument sign required
6. Information Kiosk	Kiosk	As determined by the review authority			Public or private property	Yes	Only for the posting of public information. No advertising allowed.
E. SIGNS PERMITTED IN THE MPD (INDUSTRIAL) ZONING DISTRICT
1. Single-Tenant Sites
a. Business Identifcation	Wall and/or Monument	1 each per street frontage	.05 s.f. of sign area per each lineal foot of building frontage. 75 s.f. max.	Wall signs shall not project above roofine. Monument signs, 4 ft. max.	Shall not be located so as to create trafc hazard for driveway or corner radius	Yes	Combination of wall and monument signs shall not exceed the maximum sign area per street frontage.
b. Advisory/Directional	Wall or Freestanding	Minimum number necessary to provide adequate information	3 s.f. each	4 ft.	Minimum 3 ft. setback from property lines	Yes	Copy limited to directional information ("entrance" or "receiving") but no directions to individual businesses or business names.

2. Multi-Tenant Sites

2. Multi-Tenant Sites	2. Multi-Tenant Sites	2. Multi-Tenant Sites	2. Multi-Tenant Sites	2. Multi-Tenant Sites	2. Multi-Tenant Sites	2. Multi-Tenant Sites	2. Multi-Tenant Sites
a. Center or Project Identifcation	Monument	1 per street frontage	20 s.f. each	4 ft.	Shall not be located so as to create trafc hazard for driveway or corner	Yes	Shall contain only the name of the center or project, no tenant information.
b. Business Identifcation (Primary)	Wall or canopy	1 per tenant	.05 s.f. of sign area per each lineal foot of lease space frontage. 75 s.f. max.	May not project above roofine	On primary building frontage	Yes	Shall contain only the name and/or product of the company.
c. Business Identifcation (Secondary frontage)	Wall or canopy	1 per tenant	.05 s.f. of sign area per each lineal foot of lease space frontage. 25 s.f. max.	May not project above roofine	On secondary building frontage	Yes	Permitted only for single-tenant corner buildings b. Shall contain only the name and/or product of the company
d. Business Directory	Wall or reestanding	As determined by Director.	25 s.f. each	ft.	Not in any setback area	Yes	Intended to list only the names and locations of on-site tenants.
e. Advisory/Directional	Wall or Freestanding	Minimum number necessary to provide adequate information	3 s.f. each	4 ft.	Minimum 3 ft. setback from property lines	Yes	Copy limited to directional information ("entrance" or "receiving") but no directions to individual businesses or business names.
F. SIGNS PERMITTED IN THE BUSINESS PARK ZONING DISTRICT Shall require a development permit. Applicants shall submit a sign program which shall include the dimensions and type of all signs. The sign program shall comply with the sign guidelines in the Fillmore Business park Master Plan adopted by the Fillmore City Council.

F. SIGNS PERMITTED IN THE BUSINESS PARK ZONING DISTRICT

Shall require a development permit. Applicants shall submit a sign program which shall include the dimensions and type of all signs. The sign program shall comply with the sign guidelines in the Fillmore Business park Master Plan adopted by the Fillmore City Council.

6.04.3899 - Applicable regulations. ¶

All uses shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.70 Conditional use permits. ¶

2.

Section 6.04.66 Development permits.

Section 6.04.54 Home occupation permits.

4.

Section 6.04.28 Landscaping standards.

5.

Section 6.04.68 Minor conditional use permits.

6.

Section 6.04.60 Minor modifications.

7.

Section 6.04.62 Minor variances.

8.

Section 6.04.32 Off-street loading standards.

9.

Section 6.04.34 Off-street parking standards.

10.

Section 6.04.58 Temporary use permits.

11.

Section 6.04.64 Variances.

6.04.39 - Art murals 6.04.3901 - Purpose. ¶

1.

The purpose of this section is to permit and encourage original mural artwork on a content-neutral basis within the city, subject to certain terms and conditions. This section is also intended to allow for the creation of a program for city funding to assist in the creation of art murals. Art murals comprise a unique medium of artistic expression which serves the public interest; art murals have purposes distinct from signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; community participation in the creation of original works of art; community building through the presence of and identification with original works of art; and a reduction in the incidence of graffiti and other crime. Art murals can increase community identity and foster a sense of place and enclosure if they are located at heights and scales visible to pedestrians, are retained for longer periods of time and include a process for community discussion.

Additionally, the art mural requirements in this section promote public safety and welfare by regulating such displays in keeping with the following objectives:

A.

That the design, construction, installation, repair and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety.

B.

That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing and location of such displays.

C.

That the public will enjoy the aesthetic benefits of being able to view such art displays in numbers and sizes that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated.

D.

That consideration will be given to equalizing the opportunity for artistic messages to be displayed.

E.

To impose permit requirements and regulations for art murals.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3905 - Definitions. ¶

"Art mural." An original, one-of-a-kind, hand-painted or hand-tiled work of visual art on the exterior wall of a building. Art mural does not include murals containing any electrical or mechanical components or changing image murals.

"Public art mural." An art mural that is either: i) located on publicly owned property or on a public right-ofway, ii) funded wholly or partially using city funds, or iii) donated to the city.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3910 - Distinction from signs. ¶

An art mural that conforms to the requirements of this section shall not be considered a sign and is therefore not subject to the requirements of the Fillmore Zoning Ordinance that regulates signs. Any supposed art mural that does not conform to the requirements of this section shall be considered a sign and subject to the provisions of the Fillmore Zoning Ordinance, including section 6.04.38, that regulates signs.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3915 - Public art mural program. ¶

1.

The city council may adopt a public art mural program which shall identify the program application procedures, program requirements and criteria for evaluating funding requests. Property owners participating in the public art mural program, if adopted by the city council, shall be required to provide a signed and notarized art easement form that must be recorded with Ventura County.

2.

Public art murals shall be subject to the requirements of this section 6.04.39, as well as the requirements of the public art mural program adopted by the city council.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3920 - Art mural permit required. ¶

It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any art mural within the city without first obtaining the necessary permit.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3925 - Art mural permit application and review procedures.

1.

Authority to Adopt Administrative Rules. The city manager is authorized to adopt art mural ordinance administrative rules implementing this section. The city manager is further authorized to specify art mural permit application requirements and art mural review procedures consistent with the requirements of this section.

2.

Application Requirements. An application for an art mural permit, which shall include a maintenance plan, shall be submitted to the community development department to be assessed for compliance with the requirements of this section. An application for an art mural permit shall be submitted with applicable application fees, as established by resolution of the city council. The planning and community development director shall have the authority to determine whether or not an application for an art mural permit meets all of the applicable permit application requirements.

3.

Community Development Review. Upon a determination by the planning and community development director that an application for an art mural permit is complete and meets all applicable art mural requirements under this section, then the art mural permit application shall be forwarded to the art commission for review.

4.

Art Commission Review; Determination Appealable to City Council. Prior to any action by the art commission, the city shall send notice of such application to all property owners within three hundred feet

of the location of the mural at least thirty days prior to the art commission consideration of the art mural. The costs of such notice shall be paid for by the art mural permit applicant as part of the applicable application fees. The art commission shall have final approval authority on an art mural permit application, provided that any person may appeal the art commission's determination to the city council for final review.

5.

Covenant. The art commission shall require as a condition of approval that the applicant be required to record a covenant with the office of the county recorder prior to art mural installation. The covenant shall require that the art mural comply at all times with all provisions this section and any administrative rules adopted by the city manager implementing this section. The covenant shall remain in force for as long as the art mural exists.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3930 - Art mural requirements. ¶

Art murals shall meet the requirements of this section below. An art mural satisfying these requirements and complying with applicable city permit application and review procedures will be issued an art mural permit following review by the art commission. The decision of the art commission shall be subject to appeal to the city council.

1.

The art mural shall remain in place, without alteration, for a minimum period of five years.

A.

"Alteration" includes any change to a permitted art mural, including, but not limited to, any change to the image(s), materials, colors, or size of the permitted art mural. "Alteration" does not include naturally occurring changes to the art mural caused by exposure to the elements or the passage of time.

B.

Minor changes to the permitted mural that result from the maintenance or repair of the art mural shall not constitute an "alteration." Such minor changes may include slight unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or as a result of vandalism.

C.

An art mural may be removed within the first five years of the date of registration under the following circumstances:

i.

The property on which the art mural is located is sold and the new owner desires to remove the art mural in its entirety and terminate the covenant; or

ii.

The structure or property is substantially remodeled or altered in a way that precludes continuance of the art mural; or

iii.

The property undergoes a change of use authorized by the planning commission; or

iv.

The owner of an art mural may request permission from the city manager to remove an art mural prior to the expiration of the five-year period, which the city manager may grant upon making a finding that the continued maintenance of the mural is not feasible.

2.

No part of an art mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

3.

No part of an art mural shall extend more than six inches from the plane of the wall upon which it is tiled or painted.

4.

No art mural may consist of, or contain, electrical or mechanical components or changing images which are defined as moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every twenty-four hours.

5.

No art mural shall obstruct the exterior surface of any building opening, including, but not limited to, windows, doors, and vents.

6.

No art mural shall structurally alter a building, including but not limited to architectural changes or addition of structural posts, beams, or structural membranes. Additionally, no art mural installation shall involve removal of the veneer exterior materials of the building.

7.

No art mural shall be placed on residential building containing fewer than five residential dwelling units.

8.

No art mural shall be placed on a lot located other than in the residential medium high, residential high, commercial office, commercial neighborhood, commercial highway, central business district, manufacturing/industrial, business park 1, or public facilities zones.

No art mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three foot candles above ambient lighting, as measured at the property line of a the nearest residentially zoned property.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3935 - Art mural maintenance. ¶

1.

The maintenance and/or its costs for the art mural is the responsibility of the property owner.

2.

The art mural must be properly maintained to ensure that it is maintained in good condition, that material failure is corrected and that graffiti and other types of vandalism are removed promptly. Graffiti coating is required.

3.

Failure to maintain the art mural as provided herein is declared to be a public nuisance, and may be summarily abated or repaired by the city. The city may pursue additional remedies to obtain compliance with this section.

4.

In addition to other remedies provided by law, in the event the property owner fails to maintain the art mural, upon reasonable notice, the city may perform all necessary repairs or maintenance to an art mural, and all costs incurred by the city shall be billed to the property. should the property owner fail to pay the city for said costs, the costs may become a lien against the property.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.3940 - Prohibited art murals. ¶

The following art murals shall be prohibited:

1.

Art murals on residential buildings with fewer than five dwelling units.

2.

Art murals on county, state or federally-designated historic or conservation landmarks.

3.

Art murals for which compensation is given or received to the property owner or tenant for the display of the art mural or for the right to place the art mural on another's property or which are off site commercial messages. The applicant shall certify in the permit application that no compensation will be given or

received by the property owner or tenant for the display of the art mural or the right to place the art mural on the property and that the mural will not include off site commercial messages.

4.

Art murals which would result in a property becoming out of compliance with the provisions of the Fillmore Zoning Ordinance or land use conditions of approval for the development on which the art mural is to be located.

5.

Unprotected Speech. Any message or image which is outside the protection of the First Amendment to the U.S. Constitution and/or the corollary provisions of the California Constitution, such as material meeting the legal definition of obscenity, is prohibited.

(Ord. No. 18-889, § 3, 5-22-2018)

6.04.40 - Transportation demand management.

6.04.4001 - Purpose.

To achieve the following:

1.

Mitigate the effects that new and expanding land uses may have on traffic congestion and air quality within the city and surrounding region;

2.

Promote transportation demand management strategies that encourage employers to utilize both the existing and planned transportation infrastructure in an efficient manner through a variety of trip reduction techniques;

3.

Specify responsibilities of applicants proposing non-residential development within the city to consider transportation demand management strategies which incorporate design standards and other strategies that reduce single-occupant vehicle trips;

4.

Require the implementation of strategies that reduce transportation demand through the city's permit review process;

5.

Support development of facilities that promote the use of alternative, energy-conserving transportation modes; and

Implement state law (Government Code Section 65088, Congestion Management).

6.04.4005 - Definitions. ¶

For the purposes of this section, the following definitions shall apply:

1.

"Alternative transportation modes." Any mode of travel that serves as an alternative to a single occupant vehicle, including all forms of ridesharing (i.e., carpooling, vanpooling), public transit, bicycling, walking, etc.

2.

"Applicable development." Any development project that is determined to meet or exceed the project size threshold criteria contained in this section.

3.

"Buspool." A vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

4.

"Carpool." Two to six persons traveling together in a single vehicle.

5.

"Development." The construction or addition of new structure square footage. All calculations shall be based on gross square footage.

6.

"Employee parking area." The portion of total required parking at a development used by on-site employees.

7.

"Preferential parking." Parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

8.

"Property owner." The legal owner of a parcel(s) subject to the provisions of this section, ultimately responsible for complying with the provisions of this section.

9.

"Ridesharing." The cooperative effort of two or more people traveling together for the purpose of getting to work. Utilization of carpools, vanpools, buspools, taxipools, trains and bus and rail transit are all examples of ridesharing.

10.

"Telecommuting." A work arrangement for performing work electronically, where employees work at a location other than the primary work location (i.e., at home or in a subordinate office).

11.

"Teleconferencing." Telephone or video multi-access link for group communication.

12.

"Teleservices." Automatic information services (i.e., automatic teller machines, telephone information services, telephone banking/transactions, computer mail, computer modem, facsimile).

13.

"Tenant." The lessee of facility space at an applicable development project.

14.

"Transportation demand management." The implementation of programs, policies, or permit approvals designed to encourage changes in individual travel behavior, including emphasis on alternative travel modes to single occupant vehicle use (i.e., carpools, vanpools and public transit, reduction or elimination of vehicle trips, shifts in peak hour vehicle commuting, etc.).

15.

"Trip reduction." Reduction of the number of work related trips taken during peak-hours in single occupant vehicles.

16.

"Vanpool." A vehicle occupied by seven or more persons commuting together to and from work on a regular basis.

6.04.4010 - Applicability. ¶

Any new or expanded non-residential project, or change of use whose total employment exceeds, or will exceed, the thresholds provided in Subsection 6.04.4015 shall provide, as a minimum, all applicable transportation demand management and trip reduction measures in compliance with this section.

6.04.4015 - Transportation demand management program requirements. ¶

All applicable projects subject to this section shall prepare and implement a transportation demand management (TDM) program which will encourage increased ridesharing and the use of alternative

Transit Waiting Shelters. Bus pullouts, bus pads, and bus shelters may be required by the review authority for projects located along high traffic volume streets and established or proposed bus routes.

The city will consult with local bus service providers in determining appropriate improvements. Structure entrances shall be designed to provide safe and efficient access to nearby transit stations/stops.

C.

Joint Access and Shared Parking. For applicable projects, as determined by the review authority, joint access and shared parking across multiple parcels may be required to implement the intent of this section.

6.04.4020 - Miscellaneous optional measures. ¶

The following measures may be incorporated into a project in order to further implement the intent of this section. Larger projects (one hundred fifty plus employees) shall provide these measures to the extent feasible and practical.

1.

5.

Section 6.04.60 Minor modifications.

6.

Section 6.04.62 Minor variances.

7.

Section 6.04.32 Off-street loading standards.

8.

Section 6.04.34 Off-street parking standards.

9.

Section 6.04.38 Sign standards.

10.

Section 6.04.58 Temporary use permits.

11.

Section 6.04.64 Variances.

6.04.41 - Hemp regulations. ¶

6.04.4101 - Purpose and intent. ¶

The regulations for, and prohibitions on, specific types of hemp operations are enacted to preserve the public health, safety, and welfare of the residents and visitors of the City of Fillmore, while allowing and regulating hemp activities in a responsible manner consistent with the 2018 Farm Bill and all applicable federal and state laws. It is the intent of this chapter to prohibit the cultivation of hemp and to require all persons storing, manufacturing, and testing hemp to register and obtain a permit to operate within the City

of Fillmore. The chapter is not intended to permit activities that are illegal under federal, state or local law. This chapter is not intended to conflict with federal or state law. The provisions of this chapter are in addition to any other permits, licenses or approvals required to conduct hemp activities within the county.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4105 - Definitions. ¶

As used in this chapter, the following words and phrases shall have the following meanings:

A.

"Cultivation" has the same meaning as that set forth in Food and Agricultural Code Section 81000, which at the time of the adoption of this code is any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of hemp including activities carried out by seed breeders or by established agricultural research institutions for educational purposes.

B.

"Director" shall mean the city's director of community development or his/her designee.

C.

"Established agricultural research institution" has the same meaning as in Section 81000 of the Food and Agriculture Code.

D.

"Hemp" or "Industrial hemp" has the same meaning as that set forth in Health and Safety Code Section 11018.5, which at the time of the adoption of this code is:

1.

A crop that is limited to types of the plant Cannabis sativa L. having no more than 0.03 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not;

2.

The seeds of the plant;

3.

The resin extracted from any part of the plant; and

4.

Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

E.

"Low-odor varieties" means a list, maintained by the state agricultural commissioner, of certified hemp varieties found to be low in odor.

F.

"Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, activity, trust, receiver, syndicate, or any other group or combination acting as a unit.

G.

"Seed breeder" has the same meaning as in Section 81000 of the Food and Agriculture Code.

"Sensitive site" means any:

1.

Property within any residential zone in the city, or

A school (K-12).

I.

"Site" means the premises and actual physical location of a hemp operation as well as its accessory structures and parking areas.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4110 - Hemp cultivation prohibited.

The cultivation of industrial hemp within the city is prohibited. The cultivation of industrial hemp is a prohibited use under title 6 of the Fillmore Municipal Code and no building permit, business regulatory permit, zoning clearance, or other entitlement may be issued for the purposes of authorizing such use.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4115 - Registration of hemp storage, manufacturing, and testing uses and permit required.

A.

No person shall store, manufacture, or test hemp in the city without first registering and obtaining a permit to use hemp as provided by this chapter. A permit issued under this chapter does not grant any interest in real property, create any interest of value, and is nontransferable.

B.

Prior to the storage, manufacturing or testing of industrial hemp in the city, the following requirements shall be met:

1.

The applicant must complete the city's hemp use application and demonstrate that it meets the standards established in the city's hemp use application including providing all information required in Food and Agricultural Code Section 81003(a).

2.

The applicant must be the owner of the land upon which the hemp is proposed to be stored, manufactured, or tested or provide a written consent form signed by the owner.

3.

The applicant or any entity in which the applicant has an interest may not already hold a city-issued hemp use permit as each person may only be issued one hemp use permit.

4.

The land upon which the hemp is to be used must be located one of the following:

a.

In the O-S (Open Space) zone district;

b.

2.

Motion sensor lights must be installed and maintained around the perimeter of each building on the site.

3.

All hemp at the site shall be kept in a secured manner at all times to deter theft and unauthorized access.

4.

A security camera system must be installed covering the entire perimeter of the facility. The system must have the ability to be viewed remotely by the police department and the operator must retain video footage for a minimum of thirty days.

Recordings made by security cameras required pursuant to this chapter shall be made immediately available to the director within twenty-four hours of a verbal request; no search warrant or subpoena shall be needed to obtain and view the recorded materials.

D.

Odor Mitigation. All hemp uses must occur completely indoors and each structure in which hemp is grown or stored must have a carbon air filtration treatment system that prevents hemp odors from escaping offsite.

E.

Pollen Control. Hemp plants producing pollen may only be grown by a registered seed breeder.

F.

Lighting. Sufficient lighting must be used in all areas where hemp is stored, and where equipment or utensils are cleaned, so that at all times the items and activities in these areas are fully visible to both security cameras covering the areas as well as the naked eye. In addition, blackout curtains must be used to prevent light pollution from other lighting sources.

G.

Buffer. A hemp use may not be established or maintained within:

1.

One hundred feet of a residential use or residential zone.

2.

Two hundred fifty feet of an educational facility.

H.

Inspections.

1.

Unscheduled. The director and the sheriff's department shall have the right to enter all areas of the hemp uses from time to time, unannounced, to undertake reasonable inspections to observe and enforce compliance with this chapter and all laws of the city, county, state and federal government. No employee shall refuse, impede, obstruct or interfere with an inspection conducted pursuant to the authorizations provided by this section.

2.

Scheduled. Each permittee shall ensure that the director and sheriffs department conduct an inspection of the site at least once every six months.

Nuisance. The permittee shall take all reasonable steps to discourage and correct conditions that constitute a nuisance on site including in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties if the conditions are related to the hemp operation.

J.

Water. The water supply used on the site shall be sufficient for the operations intended, shall comply with all state regulations, and shall be derived from a source that is a regulated water system.

K.

Restricted Access. The site shall be closed to the general public and no one shall be allowed on the hemp use site, except for employees, or persons with a bona fide business or regulatory purpose for being on the site.

L.

City Permit and State License. No person shall engage in a hemp use without having both a current and valid city hemp use permit as well as a current and valid state and/or county permit.

M.

State and Federal Standards. All state and federal requirements and regulations that govern the operation of a hemp use shall apply as minimum requirements and regulations for hemp uses within the city in addition to the requirements and regulations of this code.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4130 - Administration of hemp use permits. ¶

Further rules, regulations, policies, procedures and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance from the city council or by the city manager (upon authorization by resolution from the city council).

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4140 - Suspension and revocation of hemp use permit. ¶

A.

The city manager is authorized to suspend and/or revoke a hemp use permit issued pursuant to this chapter upon the determination through written findings of a failure to comply with any provision of this chapter, any permit condition, any applicable policy adopted by the city, or suspension or revocation of a state permit or lapse in registration.

B.

Prior to suspension or revocation of a hemp permit, the permittee shall be provided with a written notice which details the violation(s). The permittee shall have seven days to cure the violation to the satisfaction of the city manager. The seven-day cure period may be extended by the city manager for reasonable cause.

C.

Conditions (if any) of suspension or revocation are at the discretion of the city manager and may include, but are not limited to, a prohibition on all owners, operators, managers and employees of the suspended or revoked hemp operation from operating within the city for a period of time set forth in writing and/or a requirement (when operations may resume, if at all, pursuant to the director's determination) for the holder of the suspended or revoked permit to resubmit an application for a hemp permit pursuant to the requirements of this chapter.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4150 - Manufacturing and testing of hemp regulations. ¶

The manufacturing and testing of products made from hemp is authorized within the M (industrial) or BP (business park) zone districts zoning districts and at least one hundred feet from a residential use and two hundred fifty feet from a school. A conditional use permit is required prior to engaging in the manufacturing of hemp products and shall not be approved by the city until the County of Ventura's Agricultural Commissioner issues the applicant a registration under Division 24 of the California Food and Agriculture Code. Each conditional use permit authorized pursuant to this section will be subject to the following:

A.

Inspections. Inspections shall be undertaken as specified in section 6.04.4125(H).

B.

Odor Mitigation.

1.

All industrial hemp manufacturing must occur completely indoors and each structure in which hemp manufacturing will occur must have a carbon air filtration treatment system that prevents hemp odors from escaping off-site. Odor control devices and techniques must be incorporated in all industrial hemp manufacturing facilities to ensure that odor generated inside is not detected outside of the facility, anywhere on an adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the industrial hemp business.

2.

To determine the existence of a violation of this section, the city may measure for hemp odor at the industrial hemp business with an approved field olfactometer device, including, but not limited to, a Nasal Ranger Field Olfactometer® or Scentometer®, according to the manufacturer's specifications and operating instructions. The threshold of detection (dilutions to threshold or D/T) will be determined in a sample of the ambient air after it is diluted with three equally sized samples of odor-free air. Two samples or observations will be taken not less than fifteen minutes apart within a one-hour period. The two samples will be taken at the building site of the industrial hemp business. If the threshold of detection is four or

greater, the industrial hemp business owner and/or the property owner will be issued a notice to abate public nuisance.

C.

Security.

1.

All areas in which hemp is being utilized shall be secured by a lock and accessible only to employees of the permittee.

2.

The entire perimeter of the site must be fenced at least six feet tall with locked entrances.

3.

Motion sensor lights must be installed and maintained around the perimeter of the building in which manufacturing or testing is occurring.

4.

Each building with a manufacturing or testing area shall have adequate storage space for hemp. The storage areas shall be secured by a lock and accessible only to employees of the permittee.

5.

All hemp on the site must be kept in a secured manner at all times to deter theft and unauthorized access.

6.

A security surveillance camera system must be installed covering the entire perimeter of the facility. The system must have the ability to be viewed remotely by the police department and each operator must retain video footage for a minimum of thirty days.

7.

D.

City Permit and State License. No person shall engage in hemp manufacturing or testing without having both a current and valid city conditional use permit as well as a current and valid state and/or county permit, if required.

E.

State and Federal Standards. All state and federal requirements and regulations that govern the operation of a hemp manufacturing or testing operation, if any, shall apply as minimum requirements.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4160 - Limitation on city liability. ¶

To the fullest extent permitted by law, the City of Fillmore shall not assume any liability whatsoever with respect to having registered and issued a permit relating to hemp pursuant to this chapter or otherwise approving the operation of any hemp storage, manufacturing, or testing.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4170 - Hemp violations and penalties; public nuisance.

A.

Any violation of sections 6.04.4110, 6.04.4115, 6.04.4120, 6.04.4125, or 6.04.4150 is punishable as a misdemeanor or an infraction, at the discretion of the city attorney, pursuant to section 1.08.025 of this code, except for as preempted by state law; and, any violation of the provisions of this chapter is subject to administrative citation, at the discretion of the city, pursuant to chapter 1.09 of this code.

B.

Any hemp operation that is conducted in violation of any provision of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in chapter 1.08 of this code. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the hemp use permittee and the property owner where the nuisance is occurring. Failure to timely abate the public nuisance may result in the revocation of the conditional use permit.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.4180 - Violation and enforcement. ¶

A.

Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized pursuant to this chapter and/or the provisions of this code.

B.

Any person who violates, causes, continues or permits another to violate the provisions of this chapter commits a misdemeanor and may be punished in accordance with chapter 1.08 or 1.09 of this code. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.

C.

Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance which may be abated by the city pursuant to this code.

D.

The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, shall be as follows: One thousand dollars per violation.

(Ord. No. 20-928, § 3, 7-14-2020)

6.04.42 - Affordable housing requirements.

6.04.4201 - Scope.

The requirements set forth in section 6.04.42 apply to any new construction or conversion of residential ownership housing units, residential rental housing units, and mixed use development with a residential component.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4205 - Definitions.

"Affordable housing agreement" means an agreement between a developer or applicant and the city guaranteeing the affordability of ownership or rental dwelling units in accordance with the provisions of section 6.04.42.

"Affordable housing cost" shall mean housing cost that does not exceed the limits for extremely low, very low, low and moderate-income households established in Health and Safety Code section 50052.5, as it may be amended from time to time. The term applies to for-sale units.

"Affordable rent" shall have the same meaning as in Health and Safety Code section 50053, as it may be amended from time to time. The term applies to rental units.

"Affordable unit" means an ownership or rental dwelling unit that is affordable to households with extremely low, very low, low or moderate income levels.

"Applicant" or "developer" means the owner or subdivider with a controlling proprietary interest in the proposed residential development project, or the person or organization making application hereunder.

"Approval authority" means the body or individual(s) with authority to issue final approval of a project pursuant to Table IV of section 6.04.5001 of this code.

"Area median income" or "AMI" means the annual median income for Ventura County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

"City affordable housing fund" means a fund or account designated by the city to maintain and account for all monies received from in-lieu fees and any other fees associated with the provision of affordable housing. The purpose of the fund is to assist in providing housing that is affordable to extremely low, very low, low

and moderate income households and cover administrative costs of the affordable housing programs run by the city.

"Complete application" means an application for a residential, nonresidential or mixed use development that has been determined to be complete by the community development department and includes a written description of how the development will comply with the provisions of section 6.04.42.

"Development agreement" means an agreement enacted by legislation between the city and an applicant pursuant to Government Code sections 65864 through 65869.5.

"Extremely low income households" means households whose income does not exceed the extremely low income limits applicable to Ventura County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code section 50106.

"In-lieu fee" means a fee paid by an applicant, owner or developer into the city affordable housing fund in lieu of providing on-site or off-site affordable housing as otherwise required by section 6.04.42.

"Low income household" means households whose income does not exceed the low income limits applicable to Ventura County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code section 50079.5.

"Market-rate unit" means a housing unit or the legal lot for such unit offered on the open market at the prevailing market rate for purchase or rental.

"Moderate income households" means households whose income does not exceed the moderate income limits applicable to Ventura County, as published and periodically updated by the state department of housing and community development.

"Residential ownership project" means any residential project that includes the creation of residential dwelling units that may be sold individually. A residential ownership project also includes condominium conversions.

"Residential rental project" means any residential project or property under common ownership and control that creates one or more net new dwelling units that cannot be lawfully sold individually.

"Very low income households" means households whose income does not exceed the very low income limits applicable to Ventura County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code section 50105.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4210 - Application.

An application for a residential development project shall include a written affordable housing plan describing how the project will comply with the provisions of section 6.04.42. The affordable housing plan shall be processed concurrently with all other applications required for the project. The approving authority shall consider the affordable housing plan when acting upon the project. The approving authority shall impose conditions of approval to carry out the purposes of this section.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4215 - General requirements for affordable units. ¶

A.

Affordable units shall be reasonably dispersed throughout the project, and shall contain, on average, the same number of bedrooms and shall be comparable to the design of the market-rate units in terms of appearance, materials and finished quality of the market-rate units in the project. There shall not be significant identifiable differences between affordable and market-rate dwelling units which are visible from the exterior of the dwelling units and the size and design of the dwelling units shall be reasonably consistent with the market-rate units in the development. Affordable units shall have the same access to project amenities and recreational facilities as market-rate units.

B.

Affordable units shall be constructed within a similar timeline as the construction of market-rate units. No building permit shall be issued for any market-rate unit unless a proportional number of building permits have been issued for affordable units and no certificates of occupancy or final inspections shall be issued for any market-rate units unless a proportional number of certificates of occupancy or final inspections have been issued for affordable units.

C.

All affordable rental units shall be sold or rented only to qualified extremely low, very low, or low income households and all affordable ownership units shall be sold only to qualified extremely low, very low, or low income households pursuant to procedures and guidelines established by the city.

D.

Ownership affordable units shall be maintained as affordable housing for a period not less than forty-five years. Rental affordable units shall be maintained as affordable housing for a period not less fifty-five years.

E.

Any household that occupies an affordable unit must occupy that unit as its principal residence.

F.

No household may begin occupancy of an affordable unit until the income level of the household has been verified and determined to be eligible to occupy that unit by the city.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4220 - Affordable housing in-lieu fees. ¶

A.

The city shall adopt, by resolution, affordable housing in lieu-fee levels. Unless otherwise modified by the city council, the in-lieu fees will automatically adjust for inflation annually, using the Engineering News-

Record McGraw-Hill Construction Weekly Building Cost Index for Los Angeles. If this index ceases to exist, the community development director shall substitute another construction cost index, which in his/her judgment is as nearly equivalent to the original index as possible. The automatic fee adjustment, as modified by the city council, will occur when the city conducts its annual update of the municipal fee schedule.

B.

The applicant shall pay in-lieu fees prior to building permit issuance for the project. Applicable fees will be determined at time of payment.

C.

All payment of in-lieu fees made to the city under section 6.04.42 shall be deposited into the city affordable housing fund.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4225 - Exemptions. ¶

A.

Additions, remodeling or construction of a single residential unit or duplex unit on an existing lot of record, including accessory dwelling units, shall be exempt from the provisions of section 6.04.42.

B.

The requirements of section 6.04.42 shall not apply to any residential ownership or rental projects of four units or fewer.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4230 - Affordable housing requirements—Residential ownership projects. ¶

The provisions of this section apply to all residential ownership projects, including the residential ownership portion of any mixed use project, except for any residential ownership project exempt under section 6.04.4225.

A.

Residential ownership projects of twenty or more units must provide at least fifteen percent of the units at affordable housing costs as follows:

1.

At least five percent of the units shall be dedicated to extremely low or very low income households.

2.

At least ten percent the units shall be dedicated to low income households.

B.

Residential ownership projects of fewer than twenty units, and more than four units, must provide units at affordable housing costs as follows:

Number of units	Afordability requirement
4 or fewer	Exempt
5—9	Must either provide one dwelling at an afordable housing cost for a low income household, or pay an in-lieu fee for a single unit.
10—16	Must either provide two dwellings at an afordable housing cost for a low income household, or pay an in-lieu fee for two units.
17—19	Must provide two dwellings at an afordable housing cost for low income families and one dwelling at an afordable cost for extremely low or very low income households, or pay an in-lieu fee for three units.

C.

For purposes of calculating the ratio of affordable housing units to be provided pursuant to subsection (A) of this section, the first affordable unit provided shall be dedicated to an extremely low or very low income household. In aggregate, a minimum of one out of every three affordable units required shall be dedicated to an extremely low or very low income household.

D.

Where the calculation of affordable housing requirements described in subsection (A) of this section would result in a fraction of a unit, the applicant shall either pay an in-lieu fee to the city affordable housing fund for that fraction of a unit or the development shall provide an additional unit to satisfy the requirement.

E.

Calculation of the number of affordable units required by this section shall be based on the number of dwelling units in the residential project.

F.

The amount of the in-lieu fee will be calculated using the fee schedule established by resolution of the city council.

G.

The sales prices for the affordable units shall be determined by the city, based on the number of bedrooms in the unit and income category of the buyer, consistent with the affordable housing costs defined in Health and Safety Code section 50052.5, as it may be amended from time to time.

The approval authority may authorize a developer to utilize an alternate means of compliance with subsection (A) of this section, in part or in whole, by payment of an in-lieu fee, dedication of land for affordable housing, the development of affordable units at an off-site location, or some combination thereof.

1.

For payment of an in-lieu fee, the fee paid shall be for each affordable unit and any fraction thereof required pursuant to subsection (A).

2.

For a dedication of land, the fair market value of the land must be found by the approval authority to be at least equivalent to the value that would be produced by applying the city's current in-lieu fee to the applicant's affordable housing obligation. This alternative shall be memorialized through a development agreement.

3.

For the provision of units off site, the developer must commit to constructing the units within a time frame comparable to what the city would achieve through providing the affordable housing units on-site. In addition, the developer must construct a greater number of affordable units than would be required under subsection (A) of this section, or at least an equal number of units with a greater degree of affordability. This alternative shall be memorialized through a development agreement.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4235 - Affordable housing requirements—Residential rental projects.

The provisions of this section apply to all residential rental projects, including the residential rental portion of any mixed use project, except for any resident rental project exempt under section 6.04.4225.

A.

Residential rental projects of twenty or more units must provide a total of at least fifteen percent of the units at affordable rental prices as follows:

1.

At least five percent of the units shall be dedicated to extremely low or very low income households.

2.

At least ten percent the units shall be dedicated to low income households.

B.

Residential rental projects of fewer than twenty units, and more than four units, must provide units at affordable rent as follows:

Number of units	Afordability requirement
4 or fewer	Exempt
5—9	Must either provide one dwelling at an afordable rent for a low income household, or pay an in-lieu fee for a single unit.
10—16	Must either provide two dwellings at an afordable rent for a low income household, or pay an in-lieu fee for two units.
17—19	Must provide two dwellings at an afordable rent for low income families and one dwelling at an afordable cost for extremely low or very low income households, or pay an in-lieu fee for three units.

C.

D.

Where the calculation of affordable housing requirements described in subsection (a) of this section results in a fractional unit, the applicant shall either pay an in-lieu fee to the city affordable housing fund or the development shall provide an additional unit to satisfy the requirement.

E.

Calculation of the number of affordable units required by this section shall be based on the number of dwelling units in the residential project.

F.

The amount of the in-lieu fee will be calculated using the fee schedule established by resolution of the city council.

G.

The rental prices for affordable units provided pursuant to this section shall be determined by the city consistent with the affordable rent defined in Health and Safety Code section 50053, as it may be amended from time to time.

H.

1.

For payment of an in-lieu fee, the fee paid shall be for each affordable unit and any fraction thereof required pursuant to subsection (a).

2.

For a dedication of land, the value of the land must be found by the approval authority to be at least equivalent to the value that would be produced by applying the city's current in-lieu fee to the applicant's affordable housing obligation. This alternative shall be memorialized through a development agreement.

3.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4240 - Affordable housing fund. ¶

The city shall designate a fund or account to maintain and account for all monies received from housing inlieu fees and any other fees associated with the provision of affordable housing pursuant to section 6.04.42. The purpose of the fund is to assist in providing housing that is affordable to extremely low, very low, low and moderate income households and cover administrative costs of the affordable housing programs administered by the city.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4245 - Application and review procedures. ¶

A.

Upon receiving a complete application, the community development director shall determine the conditions necessary to comply with the requirements for provision of affordable housing units, payment of in-lieu fee, or land dedication as set forth in section 6.04.42 and said conditions shall be proposed to the approval authority as conditions of approval for the project.

B.

At the time of project approval, the approval authority shall consider the recommendation of the community development director and make a final determination as to the affordable housing requirement to be fulfilled by the applicant, owner or developer.

C.

The applicant, owner, or developer shall be required, as a condition of project approval, to enter into an affordable housing agreement with the city to ensure the requirements of section 6.04.42 are satisfied.

D.

The requirements of section 6.04.42 are minimum requirements. The city may require additional affordable units or additional measures to further affordable housing to the extent it has authority to do so without respect to section 6.04.42.

E.

The city manager is authorized to adopt guidelines and/or procedures for implementing section 6.04.42.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.4250 - Enforcement. ¶

A.

The provisions of section 6.04.42 shall apply to all applicants proposing or constructing a residential development project governed by section 6.04.42. No approval shall be issued for residential development project unless in compliance with the terms of this section 6.04.42.

B.

Violations of sections 6.04.4215, 6.04.4230 and 6.04.4235 shall be a misdemeanor. Additionally, it shall be a misdemeanor for any person(s) or entity to sell or rent an affordable unit under this section 6.04.42 at a price or rent exceeding the maximum allowed under this section or to a household not qualified under this section.

C.

The city attorney and city staff shall be authorized to enforce the provisions of section 6.04.42 and all agreements pertaining to and resale limitations placed on affordable units by civil action and any other proceeding or method permitted by law.

D.

The city may revoke, deny or suspend any permit or development approval for a residential development project which has failed to comply with section 6.04.42.

E.

Failure of any city official or employee to impose the requirements of section 6.04.42 shall not relieve any applicant or owner from the requirements of section 6.04.42.

F.

The city shall be entitled to recover all its costs, including reasonable attorney's fees incurred in enforcing section 6.04.42.

(Ord. No. 19-921, § 3, 1-14-2020)

6.04.50 - Introduction. ¶

6.04.5001 - Introduction. ¶

The purpose/intent of this article is to outline procedures together with various land use permit options, in addition to providing for amendments to the general plan, the zoning map and this ordinance.

Table IV-1 (Threshold of Review) identifies the full range of land use permit options and applicable review authority.

==> picture [219 x 301] intentionally omitted <==

TABLE IV-1 THRESHOLD OF REVIEW

Item	Director1	Commission	Council
Occupancy Clearances	X
Home Occupation Permits	X
Sign Permits2	X
Structure Relocation Permits	X
Interpretations	X
Temporary Use Permits	X
Minor Modifcations2	X
Minor Variances2	X
Minor Conditional Use Permits2	X
Sign Programs2		X
---	---	---	---
Variances2		X
Development Permits2
Residential:
1—3 Dwelling Units	X
4+ Dwelling Units		X
Non-residential:
1—9,999 sq. ft.	X
10,000+ sq. ft.		X
Conditional Use Permits2		X
Lot Line/Boundary Adjustments	X
Tentative Parcel Maps		X
Tentative Tract Maps		X3	X
Vesting Tentative Maps		X3	X
Final Maps			X4
Design Review Procedures	X
Specifc Plans		X3	X
General Plan Amendment Screening		X3	X
General Plan Amendments		X3	X
Zoning Map Amendments		X3	X
Zoning Ordinance Amendments		X3	X
Development Agreements		X3	X

1 The director may refer any entitlement application to the commission for final determination.

2 Subject to design review procedures (Subsection 6.04.6620) when alteration/construction is involved.

3 Commission recommends to council for final determination.

4 Following approval by the council, the final map shall be filed with the department.

6.04.5005 - Multiple permit applications. ¶

An applicant for a development project, which requires the filing of more than one land use permit application, shall file all related permits concurrently, unless waived by the director, and submit appropriate processing deposits/fees in compliance with Section 6.04.78 (Applications and fees).

Permit processing and environmental/design review shall be concurrent and the final decision on the project shall be made by the highest level of review authority, in compliance with Table IV-1 (Threshold of Review). For example, a project requiring a development permit (i.e., 4 dwelling units) and tentative parcel map shall be determined by the commission, while a project requiring a development permit, tentative tract map, and general plan amendment shall ultimately be determined by the council.

6.04.5010 - Pre-application conference. ¶

A prospective applicant is encouraged to request a pre-application conference with the department prior to submittal of a single land use permit application. This conference is required for development projects involving multiple permit applications.

This conference should take place prior to any substantial investment (i.e., land acquisition, site, engineering and construction plans, etc.) in the preparation of the proposed development project application. During the conference, the department representative(s) shall inform the applicant of applicable general plan policies, plans, and requirements as they apply to the proposed development project, review the appropriate procedures outlined in this ordinance, and examine possible alternatives or modifications relating to the proposed project. Preliminary evaluation of environmental issues shall be addressed and potential technical studies relating to future environmental review should be identified.

Neither pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval/disapproval by the department representative(s). A fee may be imposed for the pre-application conference in compliance with the city's "Schedule of Fees".

6.04.52. - Occupancy clearances. ¶

6.04.5201 - Purpose. ¶

To ensure that any initiation or re-establishment of a legally permitted use within a legally established (or a legal nonconforming) structure shall comply with all applicable provisions of the Municipal Code.

6.04.5205 - Application. ¶

No vacant, altered, repaired or hereafter erected structure shall be occupied, or no change in use of land or structure(s) shall be inaugurated until an occupancy clearance has been issued by the department. An application for the clearance shall be filed with the department in compliance with Section 6.04.78 (Applications and fees).

6.04.5210 - Applicability.

A clearance for a structure which is to be remodeled or erected shall be filed at least fourteen days prior to the intended occupancy;

2.

A clearance for the use of vacant non-residential land or structure(s) shall be filed at least fourteen days prior to the intended use inauguration;

3.

A clearance for a change of ownership of an existing non-residential structure/use shall be filed prior to reuse/reopening under the new ownership;

4.

In order to provide for an expeditious permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (i.e., natural disaster, civil disobedience, etc.), as determined by the council, an "Emergency Building Permit/Occupancy Clearance" may be issued by the appropriate departments with adequate deposits/security required by subsection "5"; and

5.

A temporary occupancy clearance may be issued by the department permitting almost "immediate" use of the structure(s), subject to the conditions imposed on the use, provided that a deposit/security is filed with the department prior to the issuance of the temporary clearance. The deposit/security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use. The form of the deposit/security shall be subject to the approval of the director. The deposit/security shall be processed for return to the depositor within ten days following a determination by the Director that all of the terms, conditions and performance standards have been met and permanent occupancy granted.

6.04.5215 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

6.04.54 - Home occupation permits. ¶

6.04.5401 - Purpose. ¶

To allow for the conduct of home occupations which are incidental to and compatible with surrounding residential uses. A home occupation represents a legal commercial enterprise conducted by an occupant of the dwelling.

6.04.5405 - Application. ¶

The conduct of a home occupation requires the approval of the director who may establish conditions to further the purpose/intent of this section. An application for a home occupation permit shall be filed with the Department in compliance with Section 6.04.78 (Applications and fees).

6.04.5410 - Operating standards. ¶

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

1.

The home occupation shall not alter the appearance of the residence;

2.

No home occupation shall be initiated until a current business license is obtained in compliance with Chapter 7.04 of the Municipal Code;

3.

No displays, sale or distribution of merchandise on the premises, or advertising signs on or off the premises;

4.

No signs other than the address and name of the resident;

5.

No advertising which identifies the home occupation by street address;

6.

The home occupation shall be confined completely to one room located within the residence. No portion of any carport or other accessory structure shall be used for home occupation purposes, with the exception that garage area in excess of Ordinance requirements may be used for this purpose;

7.

Only one vehicle no larger than a one ton truck may be used by the occupant directly or indirectly in connection with a home occupation;

8.

No encroachments into any required parking, setback or open space areas. No home occupation activities may occur out-of-doors;

9.

No use of mechanical equipment unless determined to be similar to a normal household or hobby use;

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed typical residential usage;

11.

No use shall create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials or vibration that can or may be considered a hazard/nuisance;

12.

Only the occupants of the residence may be engaged in the home occupation;

13.

No use of commercial vehicles, larger than 2-ton capacity, for delivery of materials to or from the premises;

14.

No creation of pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the zoning district in which it is .....located;

15.

A home occupation permit shall not be transferable;

16.

No more than two home occupations in any dwelling unit;

17.

For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a home occupation permit;

18.

Any special condition(s) established by the director and made part of the record of the home occupation permit, as deemed necessary to carry out the purpose/intent of this section; and

19.

All pre-existing home occupations shall conform with all applicable ordinance requirements upon renewal of the annual city business license.

6.04.5415 - Prohibited home occupations. ¶

The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in non-residential zones and are therefore prohibited:

Adult business;

2.

Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

3.

Carpentry and cabinet making;

4.

Dance club/night club;

5.

Fortune telling (psychic);

6.

Massage parlor;

7.

Medical and dental offices, clinics, and laboratories;

8.

Mini-storage;

9.

Plant nursery;

10.

Vehicle repair (body or mechanical), upholstery, automobile detailing (i.e., washing, waxing, etc.) and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location);

11.

Welding and machining; and

12.

Any other use determined by the director not to be incidental to or compatible with residential activities.

6.04.5420 - Permit expiration. ¶

Home occupation permits are valid for one year only. Permit holders shall apply for and receive a renewal prior to expiration if they wish to continue the home occupation. Director approval may only be granted upon demonstration of satisfactory compliance with the above listed standards.

6.04.5425 - Revocation. ¶

The director may revoke or modify a home occupation permit in compliance with Section 6.04.84 (Revocations).

6.04.5430 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

3.

Section 6.04.84 Revocations.

6.04.56 - Structure relocation permits. ¶

6.04.5601 - Purpose. ¶

To ensure that any structures moved into, within or out of the city shall comply with all applicable provisions of the Municipal Code.

6.04.5605 - Application. ¶

No structure(s) shall be moved into, within or out of the city until a structure relocation permit has been issued by the department. An application for the permit shall be filed with the department in compliance with Section 6.04.78 (Applications and fees).

6.04.5610 - Director's action. ¶

The director may approve and/or modify a structure relocation permit, with or without conditions, only if all of the following findings are made:

1.

The condition of the structure is not considered to be dangerous or hazardous and any desired/needed repair would be justifiable;

2.

The structure would be compatible with its proposed surroundings; and

The structure relocation Permit is in full compliance with Chapter 5.05 of the Municipal Code.

6.04.5615 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.78 Applications and fees. ¶

2.

Section 6.04.80 Hearings and appeals.

6.04.58 - Temporary use permits—Pop-up businesses. ¶

Editor's note— Sec. 3 of Ord. No. 19-920, adopted Nov. 12, 2019, amended §§ 6.04.58—6.04.5835, in their entirety to read as herein set out. Former §§ 6.04.58—6.04.5835, pertained to similar subject matter, and derived from Ord. No. 18-891, adopted July 10, 2018.

6.04.5801 - Purpose. ¶

To allow commercial uses to obtain a permit to temporarily operate as a "pop-up" business in the city.

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.5805 - Pop-up businesses; special requirements for pop-up businesses. ¶

"Pop-up" businesses may be temporarily permitted pursuant to a temporary use permit in accordance with the requirements of this section.

1.

Zoning. "Pop-up" businesses shall only be allowed in the commercial highway, central business district, commercial neighborhood, manufacturing/industrial and business park zones of the city.

2.

Permissible Uses. Any use which is considered a permitted use or a use allowed pursuant to a development permit, as designated by a "P" or "D" respectively in the land use matrix for the zones in which a "pop-up" business is allowed, may be allowed as a "pop-up business" under this section.

3.

Limitation on Duration. A temporary use permit for a "pop-up" business uses under this section may be issued for up to forty-five days and renewed once, for a total operating period not to exceed ninety days, with no extensions. However, if the business submits a business license application for a permanent license before expiration of the last day of its permitted operation of the pop up business, the business will be

allowed to continue operating, up to one hundred twenty additional days, if the business continues to pursue the permanent business license diligently, as determined in the sole discretion of the community development director. A temporary use permit for the same use may not be issued more than once per calendar year.

4.

Compliance with Building and Fire Code Requirements. The "pop-up" business shall meet the most current requirements of the California Building Code and Fire Code requirements, as those codes are adopted and amended through Fillmore Municipal Code Chapter 5.04. For "pop-up" businesses located within a building or structure, the building or structure must meet current California Building Code and Fire Code requirements. The "pop-up" business must have an approved certificate of occupancy or temporary certificate of occupancy.

5.

Uses Not Permitted as a "pop-up" Business. The following uses and activities may not be permitted as or associated with a "pop-up" business under this subsection:

(a)

The storage of hazardous materials; or

(b)

The inclusion of a portable toilet to serve the "pop-up" business, whether located inside or outside of the business.

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.5810 - Application. ¶

A temporary use permit for a pop-up business may be approved, modified, conditioned, or disapproved by the director. Decisions of the director may be appealed to the commission pursuant to section 6.04.80 (hearings and appeals). A permit application shall be filed in compliance with section 6.04.78 (application and fees).

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.5815 - Findings. ¶

The director shall review each application for compliance with the findings required in section 6.04.6630 (development permits). Compliance with such criteria is required for the director to approve or conditionally approve a pop-up business.

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.5820 - Conditions of approval. ¶

In approving an application for a pop-up business, the director shall impose conditions which are deemed essential to ensure that the use will be in full compliance with the findings required by section 6.04.6630 (development permits). These conditions may address any pertinent factors affecting the operation of the pop-up business, and may include, but are not limited to, the following:

1.

Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress) and public transportation, if applicable.

2.

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, trash and vibration.

3.

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

4.

Provision for sanitary and medical facilities, as appropriate.

5.

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

6.

Provision for police/security and safety measures, as appropriate.

7.

Regulation of signs.

8.

Regulation of operating hours and days.

9.

Submission of a performance bond or other security measures, satisfactory to the director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

10.

A requirement that the approval of the requested temporary use permit for "pop-up" business is contingent upon compliance with applicable provisions of the Municipal Code and successful approval of any/all required permits from any other department or governing agency.

11.

A requirement that the applicant sign an agreement in a form approved by the city attorney agreeing to indemnify, defend and hold harmless the City of Fillmore and its officers, employees and agents from any and all claims, demands, and causes of action in any way relating to or arising out of or in connection with the issuance of the permit including as a result of any activities undertaken or improvements constructed as part of the permit or because of the permit and releasing the City of Fillmore from all such claims, demands, and causes of action.

12.

Any other conditions which will ensure the operation of the proposed "pop-up" business in an orderly and efficient manner and in full compliance with the purpose/intent of this section.

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.5825 - Condition of site following temporary use. ¶

Each site occupied by a pop-up business shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this ordinance.

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.5830 - Revocation. ¶

A.

Every temporary use permit for "pop-up" business is subject to the city's right to revoke the same for any of the causes mentioned in this section. Any temporary use permit may be revoked by the planning and community development director for any of the following causes:

1.

Any fraud, misrepresentation, or false statement contained in the application;

2.

Any violation of this chapter or any ordinance of the city or any statute, law or regulation;

3.

Any violation of one or more of the conditions;

4.

That the authorized improvement/use is detrimental to the public health, safety or welfare or constitutes a nuisance.

B.

Whenever the planning and community development director has determined to revoke a permit pursuant to this section, the director shall suspend the permit, after giving written notice to the permit holder of not less than two business days, in person or by registered mail, postage prepaid, and addressed to the permit holder at the address specified in the permit application, of the suspension and proposed revocation, stating with specificity the reason therefor. However, the two-day notice shall not be required if the director determines there is a need to protect the public health, safety or welfare, in which event the permit may be suspended immediately.

C.

The permit holder may file with the city manager, within ten days of the date of the notice of suspension and proposed revocation, a written request for a hearing, which request shall have the effect of staying the suspension until the city manager has rendered his or her decision, except in instances where the suspension is necessary to protect the public health, safety or welfare. The city manager shall hold a hearing within ten days after the filing of such hearing request.

D.

At the hearing, the city manager shall hear all relevant evidence, shall consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and shall tender a decision thereon within one business day after the hearing. The decision shall be communicated in writing to the permit holder within two business days thereafter, and shall state with specificity the reasons therefor. The city manager decision shall be final.

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.5835 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78, Applications and fees.

2. Section 6.04.80, Hearings and appeals.

(Ord. No. 19-920, § 3, 11-12-2019)

6.04.60 - Minor modifications. ¶

6.04.6001 - Purpose. ¶

To specify the method where minor modifications may be made to previously approved land use entitlements/permits, while ensuring that no additional adverse effects or substantial expansion of structure(s) (not to exceed ten percent or five thousand square feet) or use(s) will occur.

6.04.6005 - Application. ¶

The minor modification of a "permit" requires the approval of the director, who may establish additional conditions to further the purpose/intent of this section. An application for the minor modification shall be filed with the department in compliance with section 6.04.78 (applications and fees). Any modification request which exceeds the prescribed limitations outlined in this section shall require the filing of a new/modified application and a subsequent hearing by the appropriate review authority.

6.04.6010 - Applicability. ¶

The director may grant a minor modification to a "permit", up to a maximum of ten percent or five thousand square feet, whichever is less, of the following standards, which would not result in a reduction from any minimum standard outlined in this ordinance:

1.

On-site circulation and parking, loading and landscaping;

2.

Placement, size and/or height of walls, fences and structures;

3.

Reconfiguration of architectural features and/or modification of finished colors, that do not alter or compromise the previously approved design; and

4.

A reduction/expansion in density/intensity of a development project.

6.04.6015 - Applicable Regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78, Applications and fees.

2.

Section 6.04.80, Hearings and appeals.

6.04.62 - Minor variances. ¶

6.04.6201 - Purpose. ¶

To ensure that minor variances are only granted when, because of special circumstances applicable to the property, the strict application of this ordinance denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which will ensure that the minor variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.

6.04.6205 - Application. ¶

An application for a minor variance shall be filed in compliance with Section 6.04.78 (Applications and fees).

6.04.6210 - Applicability. ¶

The director may grant a minor variance, up to a maximum of twenty-five percent of the standards being modified, for only the following:

1.

Distance between structures;

2.

Parcel dimensions (not area);

3.

Setbacks;

4.

Structure height;

5.

On-site parking, loading, lighting, and landscaping; or

6.

Signs.

Any minor variance request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application in compliance with Section 6.04.64.

6.04.6215 - Review. ¶

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this section and the city's CEQA Guidelines. To ensure effective implementation of general plan policies relating to design, each application shall be reviewed in compliance with Subsection 6.04.6620 (Design review procedures) prior to determination by the director. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the director.

6.04.6220 - Hearings and notice. ¶

Upon receipt in proper form of a minor variance application and compliance with the city's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Section 6.04.80 (Hearings and appeals).

6.04.6225 - Findings. ¶

Following a public hearing, the director shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The director may approve and/or modify an application in whole or in part, with conditions, only if all of the following findings are made:

1.

That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this ordinance denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

2.

That granting the minor variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the minor variance is sought;

3.

That granting the minor variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

4.

That granting the minor variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

5.

That granting the minor variance does not result in an adjustment which would exceed twenty-five percent of the standard(s) being varied, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

6.

That granting the minor variance will not be inconsistent with the general plan.

6.04.6230 - Precedents. ¶

Each application is reviewed on a case-by-case basis and the granting of a prior minor variance is not admissible evidence for the granting of a new minor variance.

6.05.6235 - Burden of proof. ¶

The burden of proof to establish the evidence in support of the findings, as required by Subsection 6.04.6225, is the responsibility of the applicant.

6.04.6240 - Minor variance expiration. ¶

A minor variance shall be exercised within one year from the date of approval, or the minor variance shall become null and void. If the application for the minor variance also involves the approval of a tentative map, the minor variance shall be exercised prior to the expiration of the companion tentative map, or the minor variance shall become null and void. A variance shall be deemed to have been exercised if actual use has occurred or a building permit has been issued and the use has been diligently pursued in accordance with all requirements and laws. Notice of expiration need not be provided by the city.

(Ord. No. 21-932, § 2, 7-13-2021)

6.04.6242 - Minor variance abandonment. ¶

A property owner may request to voluntarily abandon and extinguish the rights and obligations under a minor variance when all use or necessity for which said minor variance had been issued has permanently ceased. The request to abandon a minor variance shall be made by filing a written request with the community development department, signed by all property owners of record. Upon receipt of such request, the community development director may, without a public hearing, declare the minor variance to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

Upon abandonment of the minor variance, the property shall thereafter be subject to all applicable rules and regulations set forth in the code, and all other local, state or federal laws.

(Ord. No. 21-932, § 3, 7-13-2021)

6.04.6245 - Time extension. ¶

The director may, upon an application being filed at least one day prior to expiration and for good cause, grant one time extension not to exceed six months. Prior to granting the extension, the director shall ensure that the minor variance complies with all current ordinance provisions.

6.04.6250 - Use of property before final decision. ¶

No permit shall be issued for any use involved in an application for a minor variance until, and unless, the same shall have become final, in compliance with Subsection 6.04.8035 (Effective date).

6.04.6255 - Revocation. ¶

The director may revoke or modify a minor variance in compliance with Section 6.04.84 (Revocations).

6.04.6260 - Performance guarantee. ¶

The applicant/owner may be required to provide adequate performance security in compliance with Subsection 6.04.5210(5) for the faithful performance of any/all conditions of approval imposed by the director.

6.04.6265 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

Section 6.78 Applications and fees.

2. Section 6.80 Hearings and appeals. ¶

6.04.64 - Variances. ¶

6.04.6401 - Purpose. ¶

To ensure that variances are only granted when, because of special or unique circumstances applicable to the property, including location, shape, size, surroundings or topography, the strict application of this ordinance denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which will ensure that the variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located.

Further, to ensure that the power to grant variances does not extend to use regulations, flexibility in use regulations is provided in Section 6.04.78 (Conditional use permits).

6.04.6405 - Application. ¶

An application for a variance shall be filed in compliance with Section 6.04.78 (Applications and fees).

6.04.6410 - Applicability. ¶

The commission may grant a variance from the requirements of this ordinance for only the following:

1.

Permit the modification of the dimensional standards for:

A.

Distance between structures;

B.

Parcel area (size);

C.

Parcel coverage;

D.

Parcel dimensions;

E.

Setbacks; or

F.

Structure height.

2.

Permit the modification of sign regulations (other than prohibited signs); and

3.

Permit the modification of the number and dimensions of parking areas, loading spaces, landscaping or lighting requirements.

6.04.6415 - Review. ¶

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this section and the city's CEQA Guidelines. To ensure effective implementation of general plan policies relating to design, each application shall be reviewed in compliance with Subsection 6.04.6620 (Design review procedures) prior to determination by the commission. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.

6.04.6420 - Hearings and notice. ¶

Upon receipt in proper form of a variance application and compliance with the city's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Section 6.04.80 (Hearings and appeals).

6.04.6425 - Findings. ¶

Following a public hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The commission may approve and/or modify an application in whole or in part, with conditions, only if all of the following findings are made:

1.

2.

That granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the variance is sought;

3.

That granting the variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

4.

That granting the variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

5.

That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

6.

That granting the variance will not be inconsistent with the general plan.

6.04.6430 - Precedents. ¶

Each application is reviewed on a case-by-case basis and the granting of a prior variance is not admissible evidence for the granting of a new variance.

6.04.6435 - Burden of proof. ¶

The burden of proof to establish the evidence in support of the findings, as required by Subsection 6.04.6425, is the responsibility of the applicant.

6.04.6440 - Variance expiration. ¶

A variance shall be exercised within one year from the date of approval, or the variance shall become null and void. If the application for the variance also involves the approval of a tentative map, the variance shall be exercised prior to the expiration of the companion tentative map, or the variance shall become null and void. A variance shall be deemed to have been exercised if actual use has occurred or a building permit has been issued and the use has been diligently pursued in accordance with all requirements and laws. Notice of expiration need not be provided by the city.

(Ord. No. 21-932, § 4, 7-13-2021)

6.04.6442 - Variance abandonment. ¶

A property owner may request to voluntarily abandon and extinguish the rights and obligations under a variance when all use or necessity for which said variance had been issued has permanently ceased. The request to abandon a variance shall be made by filing a written request with the community development department, signed by all property owners of record and notarized. Upon receipt of such request, the community development director may, without a public hearing, declare the variance to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

Upon abandonment of the variance, the property shall thereafter be subject to all applicable rules and regulations set forth in the code, and all other local, state or federal laws.

(Ord. No. 21-932, § 5, 7-13-2021)

6.04.6445 - Time extension. ¶

The commission may, upon an application being filed at least one day prior to expiration and for good cause, grant one time extension not to exceed six months. Prior to granting the extension, the commission shall ensure that the variance complies with all current ordinance provisions.

6.04.6450 - Use of property before final decision. ¶

No permit shall be issued for any use involved in an application for a Variance until, and unless, the same shall have become final, in compliance with Subsection 6.04.8035 (Effective date).

6.04.6455 - Revocation. ¶

The commission may revoke or modify a Variance in compliance with Section 6.04.84 (Revocations).

6.04.6460 - Performance guarantee. ¶

6.04.6465 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

3.

Section 6.04.84 Revocations.

6.04.66 - Development permits. ¶

6.04.6601 - Purpose. ¶

To afford maximum flexibility in site planning/property development while protecting the integrity and character of the city and ensuring consistency with the general plan. At the time of application submittal, a review of the configuration, design, location and effect of the proposed use shall be conducted by comparing the use to established development/site standards. This review shall determine whether the

permit should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed use against the potential negative effects it may cause.

6.04.6605 - Application. ¶

An application for a development permit shall be filed in compliance with Section 6.04.78 (Applications and fees).

6.04.6610 - Applicability. ¶

A development permit shall be required for all applicable structures and uses permitted by this ordinance; however, none shall be required for alterations to an existing single-family residence or a new commercial use locating in an existing commercial structure where no exterior alterations will be occurring. Specifically, a permit shall be required under the following circumstances:

1.

For a new structure or use listed as subject to a "Development Permit" (D) in the applicable zoning district;

2.

For the enlargement, expansion or exterior alteration of an existing structure for which a development permit has not been issued, excluding an existing single-family residence;

3.

For the movement and/or relocation of any structure, including factory-built and manufactured housing;

4.

For the expansion of a legal nonconforming structure for which a development permit has not been issued (the structural dimensions [i.e., setbacks, height, parcel coverage, etc.] related to the expansion shall comply with the provisions of this ordinance); and

5.

For the rebuilding/ replacement of a destroyed/ demolished legal nonconforming structure for which a development permit has not been issued (the original structure, or portion thereof, may be rebuilt to its former "building envelope" [i.e., setbacks, height, parcel coverage, etc.] if granted a development permit).

(Ord. No. 18-897, § 5, 12-11-2018)

6.04.6615 - Review. ¶

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this section and the city's CEQA Guidelines. To ensure effective implementation of general plan policies relating to design, each application shall be reviewed in compliance with Subsection 6.04.6620 (Design review procedures) prior to determination by the review authority. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the review authority.

6.04.6620 - Design review procedures. ¶

The review of projects for architectural and site plan design is an integral part of the development approval process. Each development permit application (including all associated plans and elevations) shall be reviewed to ensure that the application is consistent with: the purpose/intent of this section; all applicable development standards/regulations of this ordinance; and any adopted design guidelines/policies that may apply. In addition, applications for minor modifications, minor variances, variances, minor conditional use permits and conditional use permits are also subject to design review whenever any physical alteration/construction is proposed.

1.

Department Action. Design review is initiated when the department receives a complete application package including all required attachments, plans, specifications, elevations, sample materials, etc. as specified in the application form and any additional information required by the director in order to conduct a thorough review of the proposed project.

Upon receipt of a complete application Department staff shall conduct a review of the location, design, site plan configuration and effect of the proposed development by comparing the project plans to established development standards/regulations and design guidelines/policies. In general, development proposals will be reviewed considering criteria including, but not limited to, the following:

A.

Compliance with this section and all other applicable city ordinances;

B.

Desirable site layout and design;

C.

Compatibility with neighboring property/development;

D.

Efficiency and safety of public access and parking;

E.

Appropriate open space and use of water efficient landscaping;

F.

Consistency with the general plan; and

G.

Consistency with adopted design guidelines and design review policies.

Reference to design guidelines/policies. In reviewing development/improvements subject to design review, the director shall refer to any design guidelines/policies that have been adopted by the council/commission in order to provide guidance to applicants seeking to comply with the requirements of this section. The council/commission may amend the design guidelines/policies whenever it deems it appropriate in order to carry out the purpose/intent of this section. Copies of any adopted design guidelines/ policies shall be available to the public at the department.

The adopted design guidelines are to be used by property owners, developers, architects, landscape architects, and designers in the planning and design of projects in the city. The design guidelines communicate the desired qualities and characteristics of development, and are intended to promote quality design that is compatible with the surrounding neighborhood and implement the general plan. The design guidelines/policies are used by city staff, the commission, and the council as adopted criteria for the review of development proposals subject to design review.

3.

Department Recommendation. Following completion of its review of a proposed project, department staff shall provide a written statement of findings/recommendations to the Review authority for its consideration simultaneously with a development permit, minor modification, minor variance, variance, minor conditional use permit or conditional use permit. Department staff may recommend approval, approval with conditions, or disapproval of a project. The report containing findings, recommendations and conditions, shall also be forwarded to the applicant prior to consideration by the review authority.

Where the findings/recommendations of the staff may substantially alter a proposed development, the applicant may be requested to submit revised plans at the discretion of the director.

4.

Preliminary design concept review. The director may require that a project applicant submit design concept plans for preliminary design review prior to submittal of a formal application for a project deemed significant by the director. The purpose of the preliminary consultation is to advise the project applicant of applicable design guidelines, design review policies, and other specific design criteria that may affect the design of the project.

6.04.6625 - Hearings and notice. ¶

Upon receipt in proper form of a development permit application and compliance with the city's CEQA Guidelines, a hearing shall be set and notice of the hearing given in compliance with Section 6.04.80 (Hearings and appeals) for all applications subject to commission review. Where the director is the review authority, no notice or public hearing is required.

6.04.6630 - Findings. ¶

Following a hearing, if required, the review authority, as outlined in Table IV-1, shall record the decision in writing and shall recite the findings upon which the decision is based. The review authority may approve and/or modify a development permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate flexibility in site planning/property development, mitigate project-related adverse effects, and to carry out

the purpose/intent and requirements of the respective zoning district. The review authority may approve a development permit, only if all of the following findings are made:

1.

The proposed development is one permitted within the subject zoning district and complies with the applicable provisions of this Ordinance and any applicable design guidelines; (per CC Ord 98-734)

2.

The proposed development is consistent with the general plan;

3.

The proposed development would be harmonious and compatible with existing and future developments within the zoning district and general area, as well as with the land uses presently on the subject property;

4.

The approval of the development permit for the proposed project is in compliance with the requirements of the California Environmental Quality Act (CEQA);

5.

The subject site is physically suitable for the type and density/intensity of use being proposed;

6.

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety; and

7.

The design, location, size, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

(Ord. No. 19-903, § 3, 3-26-2019)

6.04.6635 - Development permit expiration. ¶

A development permit shall be exercised within the date specified by the review authority. If a development permit is not exercised within the date specified by the review authority, then it shall become null and void. If no date is specified within which the development permit must be exercised, then within one year of development permit approval, the permit shall be exercised or it shall become null and void. An approved development permit shall be deemed to have been exercised if the approved use has commenced or a building permit has been issued and construction has been diligently pursued in accordance with all requirements and laws. Notice of permit expiration need not be provided by the city. If the application for the development permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.

Upon expiration of a development permit, an applicant must apply for a new development permit in order to proceed with the development.

(Ord. No. 21-932, § 6, 7-13-2021)

6.04.6640 - Use of property before final decision. ¶

No permit shall be issued for any use involved in an application for a development permit until, and unless, the same shall have become final, in compliance with Subsection 6.04.8035 (Effective date).

6.04.6645 - Modification/amendment of development permit. ¶

An approved development permit may be modified in compliance with Section 6.04.78 (Applications and fees). Minor modifications to an approved permit may be approved by the director, in compliance with Section 6.04.60 (Minor modifications).

6.04.6650 - Time extension. ¶

The review authority may, upon an application being filed at least one day prior to expiration and for good cause, grant one time extension not to exceed one year. Prior to granting the extension, the review authority shall ensure that the development permit complies with all current ordinance provisions.

6.04.6655 - Revocation. ¶

The review authority may revoke or modify a development permit in compliance with Section 6.04.84 (Revocations).

6.04.6660 - Performance guarantee. ¶

The development project's applicant/owner may be required to provide adequate performance security in compliance with Subsection 6.04.5210(5) for the faithful performance of any/all conditions of approval imposed by the review authority.

6.04.6665 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

3.

Section 6.04.84 Revocations.

6.04.68 - Minor conditional use permits. ¶

6.04.6801 - Purpose. ¶

To allow for activities/uses requiring a minor conditional use permit and which are so unique that their effect on the surrounding environment cannot be determined prior to being proposed for a particular location.

6.04.6805 - Application. ¶

An application for a minor conditional use permit shall be filed in compliance with Section 6.04.78 (Applications and fees).

6.04.6810 - Applicability. (Revised May 28, 1996 per Ord. 96-715) ¶

The following land use activities may be allowable subject to the approval of a minor conditional use permit:

1.

A temporary real estate office may be established within the area of an approved development project solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum time period of two years from the date of approval;

2.

A temporary on- and off-site contractors' construction yard (i.e., containers, trailers, offices, etc.) only in conjunction with an approved development project (good only for the length of construction of the project);

3.

A mobile home as a temporary residence of the property owner when a valid permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or upon expiration of the Building Permit, whichever first occurs;

4.

Enclosed temporary storage (unrelated to a construction project) (i.e., cargo container, sea-train, etc.) may be approved for a maximum time period of six consecutive months from the date of approval;

5.

A temporary office (manufactured/mobile units) may be approved, for a maximum time period of two years from the date of approval, as an accessory use or as the first phase of a development project;

6.

Open-air produce stands, only in conjunction with an on-site/on-going agricultural operation;

7.

Outdoor sale of merchandise by a "not-for-profit" charitable organization; and

"Legalization" of illegal nonconforming structures and uses in compliance with Section 6.04.30 (Nonconforming structures and uses).

9.

Any land use that requires a Conditional Use Permit to be approved by the Planning Commission, if the Director determines through Section 6.04.82 (Interpretations) that:

A.

The use is consistent with the general plan.

B.

The use is consistent with the zone.

C.

The use is significantly less in scope than the use that would require planning commission review and approval.

The use is exempt from CEQA.

E.

The use does not involve the construction of any new buildings.

F.

The use complies with all applicable conditions on the subject property.

6.04.6815 - Review. ¶

6.04.6820 - Hearings and notice. ¶

Upon receipt in proper form of a minor conditional use permit application and compliance with the city's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Section 6.04.80 (Hearings and appeals).

6.04.6825 - Findings. ¶

Following a hearing, the Director shall record the decision in writing and shall recite the findings upon which the decision is based. The Director may approve and/or modify a minor conditional use permit application in whole or in part, with conditions, only if all of the following findings are made:

1.

The proposed use is conditionally permitted within, and would not impair the integrity and character of, the subject zoning district and complies with the purpose/intent of this ordinance;

2.

The proposed use is consistent with the intent of the general plan;

3.

The approval of the minor conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA);

4.

The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses operating nearby or adverse to the public interest, health, safety, convenience or welfare of the city;

5.

The subject site is physically suitable for the type and density/intensity of use being proposed; and

6.

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

6.04.6830 - Use of property before final decision. ¶

No permit shall be issued for any use involved in an application for a minor conditional use permit until, and unless, the same shall have become final, in compliance with Subsection 6.04.8035 (Effective date).

6.04.6835 - Minor conditional use permit expiration. ¶

A minor conditional use permit involving remodeling/construction shall be exercised within one year from the date of approval or the permit shall become null and void. An approved minor conditional use permit shall be deemed to have been exercised if the approved use has commenced or a building permit has been issued and construction has been diligently pursued in accordance with all requirements and laws. Notice of permit expiration need not be provided by the city. If the application for the minor conditional use permit also involves the approval of a tentative map, the minor conditional use permit shall be exercised prior to the expiration of the companion tentative map.

Upon expiration of a minor conditional use permit, an applicant, or applicant's successor, must apply for a new minor conditional use permit in order to proceed with the use.

(Ord. No. 21-932, § 7, 7-13-2021)

6.04.6837 - Minor conditional use permit abandonment. ¶

A property owner may request to voluntarily abandon and extinguish the rights and obligations under a minor conditional use permit when all uses for which said permit had been issued have permanently ceased. The request to abandon a minor conditional use permit shall be made by filing a written request with the community development department, signed by all property owners of record and notarized. Upon receipt of such request, the community development director may, without a public hearing, declare the minor conditional use permit to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

Upon abandonment of the minor conditional use permit, the subject permitted use shall thereafter be subject to all applicable rules and regulations set forth in the code, and all other local, state or federal laws. Abandonment shall not be available if the minor conditional use permit governs any other uses on the property. In this case, a minor conditional use permit modification shall be required so that the review authority may determine which provisions and conditions of the permit are no longer applicable and may be eliminated from the permit.

(Ord. No. 21-932, § 8, 7-13-2021)

6.04.6840 - Time extension. ¶

The director may, upon an application being filed at least one day prior to expiration and for good cause, grant one time extension not to exceed six months. Prior to granting the extension, the director shall ensure that the minor conditional use permit complies with all current ordinance provisions.

6.04.6845 - Revocation. ¶

The director may revoke or modify a minor conditional use permit in compliance with Section 6.04.84 (Revocations).

6.04.6850 - Minor conditional use permit to run with the land. ¶

A minor conditional use permit granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. The new owner/operator shall file for, and receive approval of, an occupancy clearance, and agree, in writing, to all applicable conditions and operating standards prior to reuse/reopening under the new ownership.

6.04.6855 - Minor conditional use permit time limit of operation. ¶

A minor conditional use permit granted in compliance with the provisions of this section may be conditioned to impose a specified time limit in which to operate. The director may, upon an application being filed thirty days prior to expiration and for good cause, grant appropriate time extensions not to exceed two years at a time. In granting subsequent time extensions, the director may amend existing conditions or impose new conditions to ensure that the subject use continues to operate in compliance with the purpose/intent of this section and the general plan.

6.04.6860 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1. Section 6.04.78 Applications and fees. ¶

2.

Section 6.04.80 Hearings and appeals.

3. Section 6.04.84 Revocations. ¶

6.04.70 - Conditional use permits. ¶

6.04.7001 - Purpose. ¶

To allow for activities/uses requiring a conditional use permit and which are so unique that their effect on the surrounding environment cannot be determined prior to being proposed for a particular location. At the time of application, a review of the configuration, design, location and potential effect of the proposed activity/use shall be conducted by comparing it to established development/site standards. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative effects it may cause.

6.04.7005 - Application. ¶

An application for a conditional use permit shall be filed in compliance with Section 6.04.78 (Applications and fees).

6.04.7010 - Review. ¶

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this section and the city's CEQA Guidelines. To ensure effective implementation of general plan policies relating to design, each application shall be reviewed in compliance with Subsection 6.04.6620 (Design review procedures) prior to determination by the commission. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer, and approval by the commission.

6.04.7015 - Hearings and notice. ¶

Upon receipt in proper form of a conditional use permit application and compliance with the city's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Section 6.04.80 (Hearings and appeals).

6.04.7020 - Findings. ¶

Following a hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based. The commission may approve and/or modify a conditional use permit application in whole or in part, with conditions, only if all of the following findings are made:

1.

The proposed use is conditionally permitted within, and would not impair the integrity and character of, the subject zoning district and complies with all of the applicable provisions of this ordinance;

2.

The proposed use is consistent with the general plan;

3.

The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA);

4.

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the city;

5.

The subject site is physically suitable for the type and density/intensity of use being proposed; and

6.

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

(Ord. No. 19-903, § 4, 3-26-2019)

6.04.7025 - Use of property before final decision. ¶

No permit shall be issued for any use involved in an application for a conditional use permit until, and unless, the same shall have become final, in compliance with Section 6.04.8035 (Effective date).

6.04.7030 - Conditional use permit expiration. ¶

A conditional use permit shall be exercised within the date specified by the planning commission or city council or the permit shall become null and void. If no date is specified, then the conditional use permit shall be exercised within one year from the date of approval or the permit shall become null and void. An approved conditional use permit shall be deemed to have been exercised if the approved use has commenced or a building permit has been issued and construction has been diligently pursued in accordance with all requirements and laws. Notice of permit expiration need not be provided by the city. If the application for the conditional use permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.

Upon expiration of a conditional use permit and any time extension, an applicant, or applicant's successor, must apply for a new conditional use permit in order to proceed with the development.

(Ord. No. 21-932, § 9, 7-13-2021)

6.04.7032 - Conditional use permit abandonment. ¶

A property owner may request to voluntarily abandon and extinguish the rights and obligations under a conditional use permit when all uses for which said permit had been issued have permanently ceased. The request to abandon a conditional use permit shall be made by filing a written request with the community development department, signed by all property owners of record and notarized. Upon receipt of such request, the community development director may, without a public hearing, declare the conditional use permit to be abandoned, null and void, and record notice thereof in the official records of the county recorder.

Upon abandonment of the conditional use permit, the subject permitted use shall thereafter be subject to all applicable rules and regulations set forth in the code, and all other local, state or federal laws. Abandonment shall not be available if the conditional use permit governs any other uses on the property. In this case, a conditional use permit modification shall be required so that the review authority may determine which provisions and conditions of the permit are no longer applicable and may be eliminated from the permit.

(Ord. No. 21-932, § 10, 7-13-2021)

6.04.7035 - Modification/amendment of conditional use permit. ¶

An approved conditional use permit may be modified in compliance with Section 6.04.78 (Applications and fees). Minor modifications to an approved permit may be approved by the director, in compliance with Section 6.04.60 (Minor modifications).

6.04.7040 - Time extension. ¶

The commission may, upon an application being filed at least one day prior to expiration and for good cause, grant one time extension not to exceed one year. Prior to granting the extension, the commission shall ensure that the conditional use permit complies with all current ordinance provisions.

6.04.7045 - Revocation. ¶

The commission may revoke or modify a conditional use permit in compliance with Section 6.04.84 (Revocations).

6.04.7050 - Conditional use permit to run with the land. ¶

A conditional use permit granted in compliance with the provisions of this section shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. The new owner/operator shall file for, and receive approval of, an occupancy clearance, and agree, in writing, to all applicable conditions and operating standards prior to reuse/reopening under the new ownership.

6.04.7055 - Conditional use permit time limit of operation. ¶

A conditional use permit granted in compliance with the provisions of this section may be conditioned to impose a specified time limit in which to operate. The commission may, upon an application being filed thirty days prior to expiration and for good cause, grant appropriate time extensions not to exceed ten years at a time. In granting subsequent time extensions, the commission may amend existing conditions or impose new conditions to ensure that the subject use continues to operate in compliance with the purpose/intent of this section and the general plan.

6.04.7060 - Periodic review. ¶

The applicant/owner may be required to provide appropriate funds to reimburse the city for the periodic review of the permit to ensure proper compliance with this ordinance and any developmental/operational conditions imposed by the commission.

6.04.7065 - Performance guarantee. ¶

6.04.7070 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

3. Section 6.04.84 Revocations. ¶

6.04.72 - Specific plans/general plan amendments. ¶

6.04.7201 - Purpose. ¶

To establish uniform procedures for the adoption and implementation of specific plans, for the coordination of future development within the city in compliance with state law (Government Code Section 65450 et seq. or as this section may be amended/replaced from time to time), in addition to amending the general plan whenever required by public necessity and general welfare.

6.04.7205 - Pre-submittal application and conference. ¶

A pre-submittal application and fee are required prior to the filing of a formal application. A pre-submittal conference with the department is required prior to the filing of the formal application.

6.04.7210 - Content of specific plan application. ¶

A specific plan application shall include a text and a diagram(s) which contain all of the provisions outlined in state law (Government Code Sections 65451 and 65452), in addition to all data and related exhibits required by the department.

6.04.7215 - Adoption/amendment/repeal of specific plans. ¶

A specific plan shall be prepared, adopted, and amended in the same manner as the general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the council. A specific plan may be repealed in the same manner as it is required to be amended.

6.04.7220 - Reserved. ¶

Editor's note— Ord. No. 18-894, § 3, adopted Dec. 11, 2018, deleted § 6.04.7220, which pertained to general plan amendment screening, and derived from the original codification.

6.04.7225 - Hearings and notice. ¶

Upon receipt in proper form of a specific plan or general plan amendment application, or upon initiation by the director, commission, or council, and following department review and compliance with the city's CEQA Guidelines, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Section 6.04.80 (Hearings and appeals).

An applicant for a general plan amendment which requires one or more additional land use applications, shall file all related permit applications concurrently with the amendment request in compliance with Subsection 6.04.5005.

6.04.7230 - Commission action. ¶

The commission shall make a written recommendation to the council on the proposed specific plan or general plan amendment whether to approve, approve in modified form or disapprove based upon the findings outlined in Subsection 6.04.7240 (Findings).

6.04.7235 - Council action. ¶

Upon receipt of the commission's recommendation, the council may approve, approve in modified form or disapprove the proposed specific plan or general plan amendment based upon the findings outlined in Subsection 6.04.7240 (Findings).

6.04.7240 - Findings. ¶

A specific plan or general plan amendment may be approved only if all of the following findings are made:

1.

The proposed plan/amendment is internally consistent with the general plan;

The proposed plan/amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city;

3.

The subject property is physically suitable for the requested zoning designation(s) and the anticipated land use development(s); and

4.

The proposed plan/amendment ensures development of desirable character which will be harmonious with existing and proposed development in the surrounding neighborhood.

6.04.7245 - Specific plan consistency. ¶

No public works project, parcel or tentative map or other land use entitlement may be approved, adopted or amended within an area covered by a specific plan, unless found consistent with the adopted specific plan.

6.04.7250 - Limitation on amendments. ¶

No mandatory element of the general plan may be amended more than 4 times during any calendar year in compliance with state law (Government Code Sections 65350, 65354.5 and 65358).

6.04.7255 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

6.04.74 - Zoning map/ordinance amendments. ¶

6.04.7401 - Purpose. ¶

To allow for the amendment of the official zoning map/ordinance whenever required by public necessity and general welfare.

6.04.7405 - Hearings and notice. ¶

Upon receipt in proper form of a zoning map/ordinance amendment application, or upon initiation by the director, commission or council, and following department review and compliance with the city's CEQA Guidelines, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Section 6.04.80 (Hearings and appeals).

6.04.7410 - Commission action on amendments. ¶

The commission shall make a written recommendation to the council on the proposed amendment whether to approve, approve in modified form or disapprove, based upon the findings outlined in Subsection 6.04.7420 (Findings).

6.04.7415 - Council action on amendments. ¶

Upon receipt of the commission's recommendation, the council may approve, approve in modified form or disapprove the proposed amendment based upon the findings outlined in Subsection 6.04.7420 (Findings).

6.04.7420 - Findings. ¶

An amendment to the official zoning map/ordinance may be approved in compliance with state law (Government Code Section 65800 et. seq., Chapter 4 [Zoning Regulations]) only if all of the following findings are made, as applicable to the type of amendment:

1.

Findings for All Amendments.

A.

The proposed amendment is consistent with the general plan; and

B.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city.

2.

Map amendments only. The subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

3.

Ordinance Amendments Only. The proposed amendment is internally consistent with this Ordinance.

6.04.7425 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

6.04.76 - Development agreements. ¶

6.04.7601 - Purpose. ¶

To allow for the approval of development agreements.

1.

This section outlines the procedures and requirements for the review and consideration of development agreements upon application by, or on behalf of property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement. It is intended that the provisions of this section shall be fully consistent, and in full compliance, with the provisions of state law (Government Code Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 or as this section may be amended/replaced from time to time), and shall be so construed.

2.

In construing the provisions of any development agreement entered into in compliance with this section, those provisions shall be read to fully effectuate, and to be consistent with, the language of this section, state law (Government Code Article 2.5, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

A.

The plain terms of the development agreement itself;

B.

The provisions of this section; and

C.

The provisions of state law (Government Code Article 2.5, cited above).

6.04.7605 - Application. ¶

1.

An entity having a legal or equitable interest in real property may request and apply through the director to enter into a development agreement provided the following:

A.

The development agreement, if approved, would be in the best interests of the city;

B.

The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the director;

The application is made on forms approved, and contains all information required, by the director; and

D.

The application is accompanied by all lawfully required documents, materials and information.

2.

The director is empowered to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements. The director may call upon all other departments of the city for timely assistance in complying with this section. If the city's redevelopment agency is involved with the property subject to the development agreement, that agency shall be responsible for the processing, review and approval of the agreement; and

3.

Processing fees, as established by resolution of the council, shall be collected for any application for a development agreement made in compliance with this section. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the department in compliance with Subsection 6.04.7630.

6.04.7610 - Public hearings. ¶

1.

The director, upon finding the application for a development agreement complete and in compliance with the city's CEQA Guidelines, shall set the application, together with recommendations, for a public hearing before the commission in compliance with Section 6.04.80 (Hearings and Appeals). Following conclusion of the public hearing, the commission shall make a written recommendation to the council/redevelopment agency that it approve, conditionally approve, or disapprove the application;

2.

Upon receipt of the commission's recommendation, the city clerk shall set the application and written report of the commission for a public hearing before the council/redevelopment agency in compliance with Section 6.04.80 (Hearings and appeals). Following conclusion of the public hearing, the council/redevelopment agency shall approve, conditionally approve or disapprove the application;

3.

Notice of the hearings outlined in Subsections 1 and 2 above shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law (Government Code Section 65867);

4.

Should the council/redevelopment agency approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and

conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the city manager/redevelopment agency director;

5.

The ordinance shall contain findings, and the facts supporting them, that the development agreement is consistent with the general plan, any applicable specific plan and this ordinance, and that it will promote the public interest and welfare of the city; and

6.

The ordinance may be subjected to referendum in the manner provided by state law (Government Code Section 65867.5).

6.04.7615 - Content of development agreement. ¶

1.

Mandatory contents. A development agreement shall contain the following provisions in compliance with state law (Government Code Section 65865.2):

A.

Specify the duration of the agreement;

B.

Specify the permitted uses for the subject property;

C.

Specify the density/intensity of the permitted uses;

D.

Describe the maximum height and size of proposed structures by clearly identifying and referring to the documents and exhibits approved;

E.

Describe the provisions, if any, for reservation or dedication of land for public purposes;

F.

Describe the provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees;

G.

Provide for a tiered amendment review procedure that may incorporate the following:

(1)

Director approval for minor modifications;

(2)

Commission approval for major modifications; and

(3)

Approval of major amendments by the council/redevelopment agency.

H.

Provide for the possibility of subsequent discovery of health and safety issues like a "compelling public necessity" (i.e., a new environmental health hazard is discovered), which would necessitate a reconsideration/amendment of the previously approved development agreement.

2.

Permissive Contents. A development agreement entered into in compliance with this section may include the following provisions:

A.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that the conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density/intensity of development specified in the agreement;

B.

Provisions which require that construction shall be commenced within a specified time and that the project, or any single phase, be completed within a specified time;

C.

Terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings; and

D.

Any other terms, conditions and requirements as the council/redevelopment agency may deem necessary and proper, including, but not limited to, requirement(s) for ensuring, to the satisfaction of the city, performance of all provisions of the agreement in a timely manner by the applicant/contracting party.

6.04.7620 - Execution and recordation. ¶

The city shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement, enacted in compliance with Subsection 6.04.7610, becomes effective; and

2.

A development agreement shall be recorded in the office of the county recorder no later than ten days after it is executed.

6.04.7625 - Environmental review. ¶

The approval or conditional approval of a development agreement in compliance with this Section shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA).

6.04.7630 - Periodic review. ¶

1.

Every development agreement, approved and executed in compliance with this section, shall be subject to periodic city review during the full term of the agreement. (The review schedule shall be specified in the agreement.) Appropriate fees to cover the city's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with Subsection 6.04.7605;

2.

The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the city; and

3.

If, as a result of periodic review in compliance with this subsection, the council/redevelopment agency finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successorin-interest has not complied in good faith with the terms or conditions of the development agreement, the council/redevelopment agency may order, after a noticed public hearing in compliance with Subsection 6.04.7610, that the agreement be terminated or modified.

6.04.7635 - Effect of development agreement. ¶

Unless otherwise provided by the development agreement the rules, regulations and official policies governing permitted uses of the land, density, design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

Unless specifically provided by the development agreement, the agreement does not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property under the development agreement, nor does a development agreement prevent the city from conditionally approving or

disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

6.04.7640 - Approved development agreements. ¶

Development agreements approved by the council/redevelopment agency shall be on file with the city clerk.

6.04.7645 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following Sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

6.04.78 - Applications and fees. ¶

6.04.7801 - Purpose. ¶

To prescribe the procedures and requirements for filing of applications for permits, amendments, and approvals.

6.04.7805 - Filing. ¶

Application for permits, permit modifications, amendments, and all other matters pertaining to this ordinance shall be filed with the department on a city application form, together with all fees, plans, maps and any other information required by the department. The application may only be made by the owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this ordinance, or their agent(s).

6.04.7810 - Fees. ¶

The council shall, by resolution, establish a "Schedule of Fees" for permits, amendments and other matters pertaining to this ordinance. The "Schedule of Fees" may be changed or modified only by resolution of the council. Review shall not commence on any application until all applicable fees/deposits have been paid in full or a "fee agreement" is approved by the city manager. The city is not required to continue processing any application unless additionally required fees/deposits (i.e., additionally required "real cost" deposits) are paid in full. Failure to pay the applicable fees/deposits is grounds for disapproval of the application.

6.04.80 - Hearings and appeals. ¶

6.04.8001 - Purpose. ¶

To specify procedures for hearings before the council, commission, and director and appeals of any requirement, decision or determination made by the commission or director.

6.04.8005 - Application processing. ¶

Applications shall be noticed, processed and reviewed in compliance with state law (Government Code Sections 65090, 65091, 65094 and 66451.3 and Public Resources Code 21000 et. seq.).

6.04.8010 - Director's investigation/written report. ¶

The director shall investigate all of the pertinent facts relating to the application in order to provide the written information necessary for action in compliance with the purpose/intent of this ordinance and the general plan. The director shall provide the written report, containing a recommendation and the required findings, to the commission.

6.04.8015 - Hearing procedure. ¶

Hearings shall be held at the date, time and place for which notice has been given in compliance with this section. The summary minutes shall be prepared and made part of the permanent case file. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time and place to which the hearing will be continued.

6.04.8020 - Notice of decision—Director. ¶

The director shall announce and record the decision at the conclusion of the scheduled public hearing, if one is required. The decision shall contain applicable findings and any conditions of approval imposed by the director. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. Included within this mailing, shall be a city prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval. The decision of the director shall be final unless appealed to the commission.

6.04.8025 - Notice of decision—Commission. ¶

The commission shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the action of the commission, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety and welfare of the city.

Following the commission hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. Included within this mailing, shall be a cityprepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval. The decision of the commission shall be final unless appealed to the council.

The commission shall have final decision-making authority over or make recommedations to the city council as designated is section 6.04.5001, table IV-1, of the zoning ordinance of the City of Fillmore.

(Ord. No. 19-904, § 2, 3-26-2019)

6.04.8030 - Notice of decision—Council. ¶

The council shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the findings of the council and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety and welfare of the city.

Following the council hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. Included within this mailing, shall be a city-prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.

The decision of the council shall be final, unless subjected to further legal action in compliance with state law.

6.04.8035 - Effective date. ¶

Minor variances, variances, development permits, minor conditional use permits and conditional use permits shall become effective fifteen days following the final date of action (i.e., approval) by the appropriate review authority. Specific plans (including amendments and repeals), general plan amendments, zoning map amendments, zoning ordinance amendments, and development agreements shall become effective thirty days following the final date of action (i.e., adoption) by the council in compliance with state law. The letter of approval shall constitute the permit, and the resolution/ordinance shall constitute the amendment. Ordinances require first and second readings by the council and shall become effective thirty days following the second reading.

6.04.8040 - Appeal of action. ¶

Any determination or action taken by the director may only be appealed to the commission. Similarly, any action taken by the commission, to approve or disapprove an application, may only be appealed to the council.

6.04.8045 - Filing of appeals. ¶

All appeals shall be submitted in writing on a city application form, and shall specifically state the pertinent facts of the case and the basis of the appeal. An appeal of a director action shall be filed with the department within fifteen days following the final date of action for which an appeal is made. An appeal of a commission decision shall be filed in the office of the city clerk within fifteen days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee in compliance with section 6.04.78 (Applications and fees).

6.04.8050 - Notice of appeal hearings. ¶

Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials which were required in the original application.

6.04.8055 - Appeal hearings. ¶

The hearing for the appeal shall allow the introduction of all pertinent information, including the reintroduction of the information on the record from the original hearing(s). If a continuance of the appeal

hearing is desired, the continuance shall be mutually agreed to by the original applicant, the appellant and the city. The review authority shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety and welfare of the city.

Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. Included within this mailing, shall be a city-prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.

6.04.8060 - Effective date of appealed actions. ¶

An action of the director appealed to the commission shall not become final unless and until upheld by the commission. An action of the commission appealed to the council shall not become final unless and until upheld by the council.

6.04.8065 - Reapplication. ¶

When an application for a permit or amendment is disapproved, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve months except as otherwise specified at the time of disapproval. The director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously disapproved permit or amendment. No decision of the director shall be effective until a period of fifteen days has elapsed following the written notice of decision.

6.04.8070 - Reconsideration. ¶

If more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider the action taken, if a request for reconsideration is filed by the applicant, with the department, within fifteen days following the final date of action. If a public hearing was required in the original review process, another public notice, in compliance with Subsection 6.04.8005, shall be given prior to the reconsideration by the review authority, and all costs associated with the reconsideration shall be paid by the applicant.

6.04.82 - Interpretation. ¶

6.04.8201 - Purpose. ¶

To ensure the consistent interpretation and application of the provisions of this ordinance and the general plan.

6.04.8205 - Procedure. ¶

A written request for an interpretation of the provisions of this ordinance or the general plan may be filed, together with all required fees, with the department in compliance with Section 6.04.78 (Applications and fees). The request shall state the ordinance/general plan provision(s) in question, and provide any information to assist in its review. The decision of the director may be appealed to the commission. The decision of the commission may be appealed to the council.

6.04.8210 - Applicable regulations. ¶

All applications shall be subject to the applicable provisions of this ordinance, including the procedures outlined in the following sections:

1.

Section 6.04.78 Applications and fees.

2.

Section 6.04.80 Hearings and appeals.

6.04.84 - Revocations. ¶

6.04.8401 - Purpose. ¶

To outline requirements for securing revocation or modification of previously approved permits and variances.

6.04.8405 - Procedure. ¶

The review authority may hold a public hearing to revoke or modify any permit or variance granted in compliance with the provisions of this ordinance. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit or variance was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Ventura, and/or the project applicant. Where revocation procedures are identified for a specific type of permit in this code (e.g. temporary use permit/"pop-up" business), then the specified revocation procedures for that permit shall control rather than the procedures in this section.

1.

A permit may be revoked or modified by the review authority if any one of the following findings can be made:

A.

That circumstances have changed so that one or more of the findings outlined in Sections 6.04.54, 6.04.58, 6.04.68 and 6.04.70 can no longer be made;

B.

That the permit was obtained by misrepresentation or fraud;

C.

That the authorized improvement/use had ceased or was suspended for six or more months;

D.

That one or more of the conditions of the permit have not been met;

E.

That the authorized improvement/use is in violation of any statute, ordinance, law or regulation;

F.

That the authorized improvement/use is detrimental to the public health, safety or welfare or constitutes a nuisance;

G.

That the permit or variance has not been timely exercised;

H.

That following issuance of a building permit, construction work has not commenced within one year, or following commencement of construction work, work is discontinued for a period of one year or more; or

I.

That if a project is to build in pre-approved phases, and a building permit for the construction of a subsequent phase has not been issued within one year from the previous phase's date of construction commencement, unless otherwise specified in the permit.

2.

A variance (including a minor variance) may be revoked or modified by the review authority if any one of the following findings can be made, in addition to those outlined in subsection (1) above:

A.

That circumstances have changed so that one or more of the findings outlined in Sections 6.04.62 or 6.04.64 can no longer be made, and the grantee has not substantially exercised the rights granted by the variance; or

B.

That one or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

(Ord. No. 21-932, § 11, 7-13-2021)

6.04.86 - Enforcement of provisions. ¶

6.04.8601 - Purpose. ¶

To ensure that enforcement of the provisions of this ordinance and any entitlements granted by the city shall be diligently pursued in order to provide for their effective administration, to secure compliance with any conditions of approval, to promote the city's planning efforts and for the protection of the public health, safety, and welfare of the city.

6.04.8605 - Responsibility.

The Director shall be responsible for enforcing the provisions of this ordinance and any conditions imposed on permits (i.e., development permits) granted by the city and permitted under this ordinance. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this ordinance, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in Chapter 1.08 of the Municipal Code, and/or revocation procedures outlined in the following sections of this ordinance:

1.

Section 6.04.70 Conditional use permits.

2.

Section 6.04.66 Development permits.

3.

Section 6.04.54 Home occupation permits.

4.

Section 6.04.68 Minor conditional use permits.

5.

Section 6.04.62 Minor variances.

6.

Section 6.04.58 Temporary use permits.

7.

Section 6.04.64 Variances.

Any permit, certificate or license issued in conflict with this ordinance shall be null and void.

6.04.8610 - Violations. ¶

Any person, partnership, organization, firm or corporation, whether as principal, agent, employee, tenant or otherwise, violating any provision of this Ordinance or any condition imposed on an entitlement, development permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor in compliance with Chapter 1.08 of the Municipal Code. Any violation of this section shall also constitute a public nuisance which may be abated in compliance with the procedures outlined in Chapter 1.08 of the Municipal Code. Any construction in violation of this ordinance or any condition(s) imposed on a permit or license, shall be subject to the issuance of a "Stop Work Order." Any violation of an officially issued stop work order shall constitute a misdemeanor.

6.04.8615 - Remedies are cumulative. ¶

All remedies outlined in this ordinance for the handling of violations or enforcement of the provisions of this ordinance shall be cumulative and not exclusive of any other applicable provisions of city, county, state or federal law. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this ordinance, the conviction shall not prevent the city from pursuing any other available remedies to correct the violation(s).

6.04.8620 - Inspection. ¶

Every property owner or applicant seeking a permit, occupancy clearance, Variance or any other action in compliance with this ordinance shall permit the city official handling the application access to any premises or property which is the subject of the application, and the city official shall make the inspections thereof as deemed necessary from time to time throughout the application process. If the permit or other action in compliance with this ordinance is approved, the owner or applicant shall permit appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions imposed by the review authority.

6.04.8625 - Enforcement fees/fines. ¶

The city may impose fees on an owner/licensee/permittee to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this ordinance as well as those conditions and mitigation measures imposed on an approved license/permit. Additionally, the city shall have the authority to impose appropriate fines on any person, firm, corporation, etc. in compliance with Subsection 6.04.8610 and Chapter 1.08 of the Municipal Code, violating any provision(s) of this Ordinance or any condition imposed on an entitlement, development or permit. The fees/fines shall be adopted by council resolution and included in the city's "Schedule of Fees".

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
---	---
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage of Very Low Income Units That Can Be Accommodated on Donated Land	Percentage of Additional Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
---	---
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage of Very Low Income Units That Can Be Accommodated on Donated Land	Percentage of Additional Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
---	---
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage of Very Low Income Units That Can Be Accommodated on Donated Land	Percentage of Additional Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35