Chapter 18.56 — AG-2 AGRICULTURAL-2 OVERLAY DISTRICT

The purpose of the Agricultural-2 Overlay (AG-2) district is to permit limited commercial agricultural uses with single-family residential as an accessory use to support the commercial agricultural uses. In order to ensure a quality living environment and to protect the public health, safety and general welfare, this chapter establishes certain regulations regarding the type, size, number and location of such agricultural uses permitted in the overlay district. The regulations contained in this chapter are in addition to the regulations of the underlying district. In the case of a conflict between the regulations of the overlay district and the underlying district, the regulations of the overlay district shall prevail. The contents of this chapter shall in no way be interpreted to relax any of the requirements of the San Bernardino County Health Code as adopted by the City.

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

Uses permitted in the AG-2 overlay district are as follows:

A.

Temporary uses which are determined by the Community Development Director not to have significant long-term impact on the environment. (Uses such as parking lot sales, Christmas tree sales, seasonal sales, rummage sales, and others with review through the land use approval or administrative site and architectural approval process in accordance with Chapter 18.63, Site and Architectural Review.)

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

Uses permitted in the AG-2 overlay district with a conditional use permit are as follows:

A.

Animal keeping and boarding. All animals, excepting household pets, shall be kept at a minimum distance of 70 feet from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings. The combined total number of animals kept on any one site shall not exceed the maximum number and combination of animals allowable as identified in Table 18.56.030.

B.

Apiaries, provided that no hives or boxes housing bees are kept closer than 200 feet from any dwelling other than that occupied by the property owner.

C.

Orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing, including the drying, packing, canning, freezing, or other acceptable methods of processing of fruits, nuts, vegetables and other horticultural products where such processing is primarily in conjunction with a farming operation and the structures used for such processing are located at least 20 feet from the property line.

D.

Sale of fruit, vegetables, produce and flowers and other similar products grown on the property; provided, however, that roadside stands used for such sales shall not exceed 250 square feet.

E.

Riding stables and academies; provided that the minimum lot size for such uses shall be not less than five acres, and that all buildings for the housing, feeding, or rental of such animals shall be at least 100 feet

from any property line, and 500 feet from any residential zone, church, school, park or hospital.

F.

Sheep grazing only for the purpose of clearing unharvested crops or stubble, with no limit on the number of animals, for a period not exceeding 30 days in any six-month period. Special application for such temporary grazing shall be made in writing, and approved by the Planning Director prior to commencement.

G.

Single-family residences, provided that such use is ancillary to a commercial agricultural use, and that residential uses and structures, including accessory residential uses and structures, do not occupy more than 25 percent of the site area.

H.

Accessory structures and uses. Private garages used by persons residing on the premises, cabanas, laundry rooms, workshops, stables, barns, tack rooms, pens, corrals, and similar animal keeping/agricultural structures, provided these structures shall not be used as a habitable dwelling or space, as defined by the adopted Uniform Building Code. Approval shall be through a minor conditional use permit review.

I.

Other uses which are determined by the City Council to be similar in nature to a use listed in this Section.

TABLE 18.56.030

Notes:

1. Young animals born to a permitted animal may be kept until such animals are weaned (cats and dogs: four months, large animals: six months, horses: 12 months).

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

18.56.040 - Prohibited uses.

A.

Commercial composting facilities;

B.

Commercial recycling facilities;

C.

Animal slaughtering.

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

18.56.050 - Existing legal non-conforming residential uses.

Existing legal nonconforming residential uses on Assessor Parcel Numbers 0275-191-58 and 0275-191-43 may continue; pursuant to Chapter 18.76 Non-Conforming Uses and Structures. Animal keeping shall be pursuant to the provisions of Chapter 18.53 Agricultural Overlay District.

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

18.56.060 - Site development standards.

Animal keeping areas shall be limited to portions of the lot with no more than a four percent grade. Other site development standards in the AG-2 Overlay District are as follows:

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

18.56.070 - Standards for accessory buildings.

A.

Accessory buildings shall not occupy more than ten percent of the rear yard.

B.

Accessory buildings shall be a minimum of 15 feet from the main buildings

C.

Accessory buildings shall be located no closer to the side and rear property lines than:

1.

Ten feet for one-story nonresidential accessory buildings.

2.

Fifteen feet for two-story nonresidential accessory buildings and one-or two-story buildings used for residential purposes.

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

18.56.080 - Screening and trash enclosures.

A.

Trash storage areas shall be enclosed by a wall not less than six feet in height, and shall not be located within 40 feet of any district zoned for residential use. The enclosure shall follow current California Building Code accessibility requirements, as amended from time to time. A drain shall be installed and connected directly into the City's wastewater system, with approval from the City's Engineer. The storage and trash

nclosed by a wall not less than six feet in height, and shall not be located within 40 feet of any district zoned for residential use. The enclosure shall follow current California Building Code accessibility requirements, as amended from time to time. A drain shall be installed and connected directly into the City's wastewater system, with approval from the City's Engineer. The storage and trash

enclosure shall contain lockable front facing decorative metal doors and a side door, and a decorative metal roof or cover with screening to prevent illegal dumping. All decorative material shall be compliant with the City's objective design standards.

B.

All outdoor animal uses and/or animal enclosures shall be screened in a manner determined by the City Council in consideration of the type of animals being kept.

(Ord. No. 352, § 7, 3-26-2024; Ord. No. 314, § 4(Exh. A), 3-27-2018)

The number of off-street parking spaces shall be determined by the City Council as part of the conditional use permit. The provisions of Chapter 18.60 shall apply in determining the size and location of required parking spaces.

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

Signs in the A-1 district shall be limited to one unlighted sign per site not exceeding 12 square feet pertaining to products offered for sale on the premises.

(Ord. No. 314, § 4(Exh. A), 3-27-2018)

Chapter 18.60 - OFF-STREET PARKING

The purpose of this Chapter is to establish off-street parking regulations to ensure that adequate facilities are provided to meet the needs created by specific land uses, thereby promoting the usefulness of the various uses and protecting the public health and safety.

(Ord. No. 354, § 4, 6-11-2024; Ord. 126 § 2, Exh. A(part), 1990)

The regulations of this Chapter shall apply in the event any of the following actions occur:

A.

Any new construction;

B.

Any change of use or new use established (includes any proposed use of a structure which has been vacant for a period of six months or more);

C.

Any addition or enlargement of an existing structure or use;

D.

Any change in the occupancy of a structure or manner in which a use is conducted which results in the need for additional parking facilities.

(Ord. No. 354, § 4, 6-11-2024; Ord. 126 § 2, Exh. A(part), 1990)

The requirements for off-street parking shall be as follows:

A.

Residential Uses.

1.

Single-family dwellings (detached):

a.

Two parking spaces for each residential unit shall be provided on the same parcel of land as the residential unit.

b.

The required spaces shall be located within a garage.

2.

Multiple-family dwellings:

a.

One parking space for each studio or efficiency unit.

b.

Two parking spaces for each one-, two- or three-bedroom unit.

c.

Three parking spaces for each four-bedroom unit or more.

d.

At least one space shall be located within a garage or carport, and all required spaces shall be located within 150 feet of the unit being served.

e.

Guest parking shall be provided at a ratio of 0.25 spaces for each residential unit, and shall be rounded up to the next whole number.

f.

Guest parking:

(i)

Shall be identified as "guest parking";

(ii)

Shall not be used for the storage of recreational vehicles, boats, trailers or other similar items;

(iii)

Shall be located on the same parcel of land as the residential units and shall be within reasonable walking distance of said units;

(iv)

May be uncovered spaces; and

(v)

May be located on a private street within the site or in a common parking area.

3.

Second units and two-unit developments: See Chapter 18.65.

4.

Accessory dwelling units and junior accessory dwelling units: See Chapter 18.69.

B.

Commercial/Office Uses.

1.

General commercial and/or office centers comprised of a minimum of 35,000 square feet of gross floor area: One parking space shall be required for every 225 square feet of gross floor area or area devoted to a specific use.

Note: The following uses shall in any case provide the number of parking spaces as required in the following subdivision 3.; drive-thru fast-food restaurants, educational facilities, hospitals, motor vehicle sales facilities and theaters.

General commercial and/or office centers comprised of a minimum of 75, square feet of gross floor area: One parking space shall be required for every 250 square feet of gross floor area or other area devoted to a specific use.

Note: The following uses shall in any case provide the number of parking spaces as required in following subdivision 3.; drive-thru fast-food restaurants, educational facilities, hospitals, motor vehicle sales facilities and theaters.

3.

The following number of parking spaces shall be required for specific commercial/office uses which are not located within a center as described in the above subdivisions 1. and 2.:

a.

Amusement enterprises, commercial recreation and similar uses: One parking space for every four persons using or attending the facility;

b.

Automobile washing and cleaning establishments:

(i)

Full-service facilities require one parking space for each employee;

(ii)

Self-service facilities require two and one-half parking spaces for each washing bay;

c.

Barbershops and beauty salons: Two parking spaces for each barber chair or beautician's station;

d.

Banks, savings and loan offices and other financial institutions: One parking space for every 200 square feet of gross floor area;

e.

Bowling alleys and/or billiard halls:

(i)

Five parking spaces for each lane;

(ii)

Two parking spaces for each billiard table;

f.

Churches and other areas of assembly not specified in this Chapter: One parking space for every 25 square feet of seating area;

g.

Delicatessens, sandwich shops, retail bakeries, fast food restaurants that do not have a drive-thru, and other establishments for the sale of food and beverages to be consumed either on or off the premises: require one parking space for every 200 square feet of gross floor area (includes outdoor seating areas);

h.

Educational facilities:

(i)

Elementary and junior high schools require two parking spaces for each classroom;

(ii)

Senior high schools require one parking space for each employee and one parking space for every six students regularly enrolled;

(iii)

Colleges, universities and institutions of higher learning require one parking space for each employee and one parking space for every three students regularly enrolled;

(iv) Trade schools, business colleges and commercial schools require one parking space for each employee and one parking space for every three students regularly enrolled;

i.

Drive-Thru Fast Food Restaurants:

(i)

Fast food restaurants that are drive-thru only (no dine in and no take-out/walk-up) require one parking space for every one employee on the largest shift;

(ii)

Fast food restaurants that are drive-thru and dine-in require one-parking space per 100 square feet of gross floor area;

(iii)

Fast food restaurants that are drive-thru and take-out/walk-up with no dine-in seating require one parking space for every one employee on the largest shift, and one space for every 200 square feet of outdoor seating/eating area;

j.

Gas stations:

(i)

Three parking spaces;

(ii)

Plus two parking spaces for each service bay;

(iii)

Plus one parking space per 250 square feet of gross floor area for an ancillary retail store or restaurant component;

(iv)

Plus no more than 50 percent of the parking spaces at the fuel pump nozzles may be credited towards meeting off-street parking requirements;

k.

Health clubs, spas and exercise studios: One parking space for every 150 square feet of gross floor area;

l.

Hospitals:

(i)

One and three-quarters parking spaces for each bed;

(ii)

Convalescent hospitals, sanitariums and retirement facilities require one parking space for every four beds;

m.

Motels and hotels:

(i)

One parking space for each guest unit;

(ii)

Two parking spaces for each employee;

n.

Mortuaries and funeral homes:

(i)

One parking space for every 25 square feet of gross floor area;

o.

Motor vehicle sales and automotive repair:

(i)

One parking space for every 400 square feet of gross floor area;

p.

Offices:

(i)

General offices require one parking space for every 200 square feet of gross floor area;

(ii)

Medical, dental and veterinary offices/clinics require one parking space for every 200 square feet of gross floor area;

q.

Residential and childcare facilities:

(i)

One parking space for each employee;

(ii)

One parking space for the first six children or patients and one parking space for every four children or patients thereafter.

r.

Restaurants, taverns and other establishments for the sale of food and beverages to be consumed primarily on the premises: One parking space for every 100 square feet of gross floor area (includes outdoor seating areas);

s.

Retail sales:

(i)

One parking space for every 200 square feet of gross floor area;

t.

Skating rinks (ice or roller):

(i)

One parking space for every 100 square feet of gross floor area;

u.

Theaters:

(i)

One parking space for every four seats;

(ii)

One parking space for each employee.

C.

Manufacturing Uses.

1.

Warehousing and other facilities for which the primary purpose is the storage of goods: One parking space for every 1,000 square feet of gross floor area.

2.

Manufacturing and other facilities for which the purpose is the processing or assembly of goods: One parking space for every 500 square feet of gross floor area.

3.

Research and development: One parking space for every 350 square feet.

D.

Special Requirements.

1.

Drive-thru Facilities.

a.

Each drive-thru lane shall be separated from the circulation routes necessary for ingress and egress from the property, or access to any parking space.

b.

Each drive-thru lane shall be clearly marked and maintained with directional arrows for the purpose of delineation.

c.

In order to facilitate proper review of a drive-thru facility and the adequacy of a proposed site design, the following information shall be required at the time of submittal for a conditional use permit and/or site and architectural review and shall contain the following information:

(i)

The nature of the product or service being offered;

(ii)

The method by which the order is processed;

(iii)

The time required to serve a typical customer;

(iv)

The arrival rate of customers;

(v)

The peak demand hours;

(vi)

The anticipated vehicular stacking requirements.

d.

Drive-thru queueing areas shall be sized in accordance with the most current Informational Report of the Institute of Transportation Engineers (ITE) prepared by the ITE Technical Council Committee.

e.

A drive-thru queueing analysis shall be prepared by a qualified traffic engineer and shall be subject to review by the City Engineer or their designee.

f.

No more than five drive-thru queueing spaces shall be counted towards the total number of off-street parking spaces required for a dine-in restaurant with the drive-thru. This Section shall not apply to any restaurant with both a drive-thru and take out or to any restaurant that is drive-thru only.

g.

At a minimum one 45-gallon trash can with a chute shall be placed near the exit of each drive-thru.

2.

ADA Accessible Spaces. At least one parking space or two percent of the required parking spaces, whichever is greater, shall be designated for use by people with disabilities. Said parking spaces shall be identified in the manner required by the most current editions of the Uniform Building Code and the California Vehicle Code. ADA Accessible spaces shall count toward the total number of off-street parking spaces required.

3.

Loading Spaces. In addition to the number of parking spaces required for a specific use, all commercial and industrial uses shall provide loading spaces as follows:

a.

One loading space for the first 5,000 square feet of gross floor area and one loading space for every 10,000 square feet of gross floor area thereafter up to 45,000 square feet of gross floor area;

b.

Each loading space shall be 12 feet in width and 20 feet in depth;

c.

Loading spaces shall be located in an area to provide easy access to the loading entrance of the use or uses it is to serve. Such loading entrances and loading spaces should be located in a manner so as not to interfere with pedestrian and/or vehicular traffic.

4.

Bicycle Parking Facilities. All commercial and office uses may provide bicycle parking facilities in a location convenient to the necessitating use as follows:

a.

All bicycle parking facilities shall be of a design to allow the bicycle to be secured in an upright position and shall be in a designated location;

b.

Weatherproofing or facility covering should be used whenever possible;

c.

The placement and design of all bicycle parking facilities shall be approved by the planning department;

Shared Parking. The Planning Director may allow a certain number of parking spaces to be designated as meeting the requirements of more than one use subject to the following conditions:

a.

A site-specific parking study prepared by a qualified traffic engineer shall be presented to the planning department demonstrating that substantial conflict will not exist between the peak hours of operations of the individual uses proposing to share the parking spaces;

b.

The number of shared parking spaces shall not exceed 20 percent of the required number of parking spaces for either designated use;

c.

The shared parking spaces shall be located on the same or adjacent parcel as the uses they are to serve and a convenient, visible pedestrian connection between the lots exists;

d.

A written agreement shall be executed, prior to establishing shared use of parking, by all parties concerned, assuring the continued availability of the shared parking spaces. Said agreement shall be reviewed and approved by the Planning Director and/or City Engineer and shall be recorded on the title records of each affected property and filed with the San Bernadino County Recorder's Office;

e.

The availability of parking for all affected properties is indicated by directional signs and the properties shall be within 1,000 feet of each other.

6.

Recreational Vehicle/Utility Trailer Parking and Storage:

a.

Recreational vehicles/utility trailers when parked or stored on residential properties must be kept neat and clean at all times. Spider webs, debris, excessive dirt, weed accumulation on and under a recreational vehicle/utility trailer are prohibited at all times as are broken windows and flat tires. All recreational vehicles/utility trailers must be weather resistant at all times;

b.

All recreational vehicles/utility trailers when parked or stored on residential properties must display current vehicle registration tags. Those recreational vehicles/utility trailers not displaying current registration tags will be considered inoperable and must be removed from the public view which includes streets, sidewalks and adjacent properties;

c.

All covers and tarps or any other material employed to protect a recreational vehicle/utility trailer from the elements must be secured and must be weather proof;

d.

Rocks/bricks or other weighted items cannot be used to secure the weather proofing cover;

e.

All recreational vehicle/utility trailer parking and storage areas shall be properly maintained and kept free of weeds, mud and other debris;

f.

No recreational vehicle/utility trailer shall be parked or stored closer than ten and one-half feet to curb face. Where there is no curb, the ten and one-half feet shall be measured from the edge of the street pavement. No part of the recreational vehicle/utility trailer including all equipment and towing mechanisms, shall encroach into this ten and one-half feet;

g.

In no instance shall a recreational vehicle/utility trailer be parked or stored where any portion of the recreational vehicle/utility trailer blocks or overhangs the sidewalk within the public right-of-way;

h.

A recreational vehicle/utility trailer shall not be parked or stored where such parking or storage constitutes a clear and demonstrable traffic hazard and threat to public health and safety. Either the Sheriff or City Manager can, at their discretion, declare the parking or storage of a particular recreational vehicle/utility trailer to be a traffic hazard and require the immediate removal of the recreational vehicle/utility trailer;

i.

If a recreational vehicle/utility trailer is parked or stored on a portion of a driveway leading to the garage of the residence, the garage door must be fully operational which means it can be fully opened at all times;

j.

No recreational vehicle/utility trailer shall be parked or stored in the corner lot side yard next to the street unless it complies with all other provisions of this Section;

k.

All recreational vehicle/utility trailer must park perpendicular to the street except where they are parked on a curved or circular driveway;

l.

All recreational vehicles/utility trailers in the front yard or the side yard must be parked or stored on an improved surface such as concrete, asphalt, laid brick, or other impervious material. Recreational

vehicles/utility trailers parked in the backyard may be parked on gravel in lieu of an impervious surface;

m.

All paved areas including areas used for recreational vehicle/utility trailer parking and storage shall not exceed 50 percent of the lot area located between the front property line and the required front setback line of the residential zone and of the lot area located between the corner side property line and the required side yard setback line of a corner lot;

n.

Recreational vehicles/utility trailers shall not be occupied for living purposes or be used as a storage container. Electrical hookups are prohibited except during loading and unloading or for the charging of batteries for no more than 48 consecutive hours per week. Sewer hookups are prohibited at all times;

o.

No recreational vehicle/utility trailer shall be parked or stored on a residential site for a period exceeding one month unless it is owned by the resident;

p.

No camper shells or cab-over-campers shall be stored in the front yard or the corner side yard of a corner lot other than on an operable and licensed pick-up truck parked in a lawful manner. Said camper shells or cab-over-campers may be stored unmounted in the interior side yard or rear yard so long as they are screened in conformance with Section 18.73.200 of the Municipal Code;

q.

No boats or other watercraft shall be stored in the front yard or side yard other than on a validly licensed trailer parked in a lawful manner;

r.

No more than one recreational vehicle/utility trailer shall be parked in the front yard or side yard for any lot or parcel less than 20,000 square feet in size. A maximum of one additional recreational vehicle/utility trailer may be parked in the rear yard for any parcel less than 20,000 square feet. For parcels 20,000 square feet or larger, two recreational vehicles/utility trailers may be parked in the front yard or side yard. A maximum of two additional recreational vehicles/utility trailers may be parked in the rear yard for any parcel 20,000 square feet or larger;

s.

No second driveways or driveway approaches may be created or used for the purposes of parking or storing a recreational vehicle/utility trailer except where the lot is 100 feet wide or except where the second driveway would be on the side of a corner lot where there is no existing driveway or driveway approach. Any second driveway shall have the proper driveway approach requiring a public works permit;

t.

No recreational vehicle/utility trailer shall be parked on a public street if it is within 50 feet of any intersection or within 50 feet of any crosswalk;

u.

All non-motorized recreational vehicles/utility trailers must be attached to the tow vehicle if parked on a public street. Any owner of a detached, non- motorized recreational vehicle/utility trailer parked on the public street for any length of time will be subject to immediate citation and/or to the removal of the recreational vehicle/utility trailer at the owner's expense;

v.

No recreational vehicle/utility trailer shall be parked on a public street longer than 72 consecutive hours without being moved. The total number of days a recreational vehicle may be parked on a public street shall not exceed six days per month;

w.

Minor modifications or adjustments to this Section may be administratively approved by the Community Development Director by means of a recreational vehicle/utility trailer parking minor variance where conditions such as, but not limited to, lot size, lot configuration, house location, previous construction or improvements warrant a minor modification or adjustment. If the Community Development Director cannot make such a determination, the matter may be appealed to the City's Planning Commission with the appropriate appeal fee. In no instance shall a modification or adjustment be made to the provisions of this Section if it violates a safety concern/regulation of this Section.

(Ord. No. 354, § 4, 6-11-2024; Ord. No. 338, § 14, 5-24-2022; Ord. No. 298, § 12, 10-11-2016; Ord. No. 264, § 19, 6-12-2012; Ord. 210 § 3, 2004; Ord. 126 § 2, Exh. A(part), 1990)

The following design standards are established to provide the minimum specifications for design, construction and maintenance of parking areas.

A.

Dimensions. Table 18.60.040, with its associated illustrations establishes the minimum dimensional requirements for parking areas in all districts, except in the case of "garage" parking spaces as required by this Subsection for single-family dwelling units. Such a parking space shall be dimensioned as follows: A garaged parking space shall be ten feet in width and 20 feet in depth.

B.

Paving.

1.

All parking areas shall be surfaced and maintained with asphaltic, concrete, or other permanent, impervious surfacing material so as to prevent mud, dust, loose material, and other nuisances. Alternate surface

material may be approved by the planning commission or Site and Architectural Review Board.

2.

Concrete wheel stops shall be placed two feet from the front end of the parking space. The resulting area between the wheel stop and the front end may be landscaped with a low growing ground cover material.

3.

Parking spaces may include a maximum two-foot overhang into landscape areas provided that concrete wheel stops or curbs are provided, and the landscaping is appropriately designed to accommodate the vehicle overhang.

4.

Accessible electric vehicle (EV) charging spaces with access aisle count as two standard parking spaces toward the total number of off-street parking spaces required.

C.

Lighting.

1.

Lighting shall be designed to reflect away from residential districts and public roadways.

2.

Light standards shall not exceed 18 feet in height measured from the finished grade of the parking surface.

3.

No lighting shall create illumination on an adjacent property which exceeds five footcandles (measured at ground level).

D.

Striping.

1.

All parking spaces and loading spaces shall be clearly striped and maintained with double (hairpin) lines. Each of the lines shall be an equal nine inches from the sideline of the required parking space. ADA accessible parking spaces shall be striped and individually identified in accordance with the Uniform Building Code and the California Vehicle Code.

2.

All aisles, fire lanes, maneuvering areas and/or other specified non-parking areas shall be clearly marked and maintained with directional arrows and striping.

E.

Landscaping. Landscaping shall be required in all parking areas as follows:

1.

A minimum of five percent of the parking area shall be landscaped;

2.

The required landscaping shall consist of low growing ground cover materials, shrubs not to exceed three feet in height and one 15 gallon tree for every five parking spaces. Once established, the required trees shall be trimmed in a manner to remove branches below the height of six feet from the parking surface;

3.

Each parking area shall provide a perimeter landscape area around the perimeter of the parking area. The perimeter landscape area shall be a minimum of five feet in depth;

4.

Each parking bay shall begin and end with a landscape planter. Landscape planters shall contain a minimum of 75 square feet of landscape area and the narrowest measurement from side to side shall be at least four feet;

5.

One landscape planter shall be located approximately every ten parking spaces and there shall in no case be more than 15 parking spaces in an uninterrupted row;

6.

The required landscaping trees shall be located at the front end of the parking spaces at a rate of one tree for every five parking spaces;

7.

In the case where two parking bays are adjacent to each other, tree wells shall be located at the front end of the parking spaces at the intervals as required above. The tree wells shall contain a minimum of 16 square feet of landscape area and the narrowest measurement from side to side shall be at least four feet.

8.

All landscaping areas, including landscape planters, perimeter landscape areas and tree wells shall be fully irrigated by an automatic sprinkler system, shall be separated from the paved parking surface by a six inch raised concrete curb or its equivalent and shall be kept in a clean, neat and healthy condition and the irrigation system in an adequate working order.

9.

All parking areas shall be screened from view from public streets and adjacent less intensive uses by any one or combination of the following:

a.

Walls. Low profile walls, not to exceed three feet in height, which shall consist of stone, brick, decorative block or stuccoed block masonry materials.

b.

Fences (solid). A solid fence not to exceed three feet in height, which shall consist of wood, or wood and masonry or other similar materials which form an opaque screen.

c.

Fences (open). An open weave or wrought iron fence not to exceed three feet in height which is combined with landscape materials to form an opaque screen.

d.

Landscaping. Landscaping materials, when maintained in a manner to create an opaque screen not to exceed three feet in height. The materials shall be of a size and variety so as to attain a minimum height of two feet, within 18 months after installation.

e.

Berms. The mounding of soil not to exceed three feet in height.

TABLE 18.60.040 DESIGN STANDARDS

*Parking stall depth can be reduced a maximum of two feet if an overhang is incorporated into landscape areas provided that concrete wheel stops or curbs are provided, and the landscaping is appropriately designed to accommodate the vehicle overhang. ;hn; (Ord. No. 354, § 4, 6-11-2024; Ord. 126 § 2, Exh. A(part), 1990)

The off-street parking requirements may be adjusted by the Planning Director and/or City Engineer if supported by a site-specific parking study prepared by a qualified traffic engineer in the following instances:

A.

A minor relaxation of parking requirements may be granted by the Planning Director and/or City Engineer if it is determined that the adjustment is minor in nature, will be of benefit to the project and will not create a negative impact on existing or potential uses adjacent to or in the vicinity of the project.

B.

Requirements in addition to those of this Chapter may be required by the Planning Director and/or City Engineer if it is determined that additional requirements are necessary, such as a parking management plan, to avoid a negative impact on existing or potential uses adjacent to or in the vicinity of the project.

(Ord. No. 354, § 4, 6-11-2024; Ord. No. 354, § 4, 6-11-2024; Ord. 126 § 2, Exh. A(part), 1990)

Chapter 18.63 - SITE AND ARCHITECTURAL REVIEW

Sections:

The purpose of this chapter is to empower the planning commission to sit as the city's site and architectural review board and the community development director with the responsibility for comprehensive site plan and architectural review in order to achieve the following:

A.

To ensure that new development and the alteration or enlargement of existing development occurs in a manner that is consistent with the intent of this title and the general plan;

B.

To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area;

C.

To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title;

D.

To ensure that plans for landscaping and open spaces provide a functional and visually pleasing setting for the structures on the site and is harmonious with the natural landscape of the area and nearby developments;

E.

To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms;

F.

To ensure that the design and location of signs are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with this title;

G.

To ensure that structures/buildings damaged by fire, earthquake and other natural disasters are reconstructed in accordance with the Grand Terrace Municipal Code, zoning code and other applicable health and safety, building, and fire codes.

(Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994: Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

18.63.020 - Application.

A.

There are three levels of applications for site and architectural review:

1.

Land use Application;

2.

Administrative site and architectural review; and

3.

Site and architectural review (with public hearing).

B.

Land Use Application. The purpose of this section is to empower the community development director or representative with responsibilities for site and architectural review of minor items, yet which may have potential to adversely affect the environment. Noticing to adjacent property owners will be at the discretion of the community development director, with the exception of satellite dishes.

1.

Land use application, regardless of need for a permit, shall be required in the event any of the following actions or construction occur:

a.

Any new construction exceeding six feet in height;

b.

Any remodeling or renovation of a structure which results in:

i.

A change in use or intensity of use (includes any proposed use of a structure which has been vacant for a period of six months or more), or

ii.

An increase in building size (including bulk area and floor area), or

iii.

Increased capacity, or

iv.

Additional street access;

c.

Plan check or clearance of building plans including, but not limited to: swimming pools, spas, patio covers, enclosures, all types of accessory structures, walls, fences and other structures which do not require administrative or formal site and architectural review.

2.

The following items may be approved by the planning director without going to the site and architectural review board:

a.

Sunrooms, provided they strictly meet the planning commission setback policies, UBC and other construction code regulations;

b.

Satellite dish antennae, provided they can be screened from the street in accordance with code and design standards. Notice including location map or site plan shall be mailed to adjacent property owners requesting comments at least two weeks in advance of the Planning Director's decision;

c.

Overhead decks, provided they strictly meet the Planning Commission design guidelines;

d.

Ground floor additions to existing residential structures located in an R1 district where the addition is less than 500 square feet gross floor area and the exterior design and materials of the addition match the exterior design and materials of the existing structure;

e.

Fences or walls which do not meet Section 18.73.070;

f.

All construction of elevated decks;

g.

Construction of playhouses according to Section 18.63.110 of this Chapter;

h.

Temporary uses with insignificant adverse, long-term impact on the environment, i.e., parking lot sales, rummage sales, Christmas tree sales, seasonal sales and others in the commercial and industrial areas other than residential areas;

i.

In the case of damaged or partially damaged structures due to fire, earthquake, explosion or other natural disasters, and the structure will be reconstructed in the exact condition prior to the disaster and in conformance with applicable City codes and the Zoning Code.

Any item which could not be satisfactorily reviewed at staff level may be subject to site and architectural review at the discretion of the Community Development Director. The Community Development Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070).

C.

Administrative Site and Architectural Review Application. The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing, related costs and noticing procedures.

The following items may be approved by the Planning Director without going to the Site and Architectural Review Board. However, the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks.

The Planning Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days.

Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070).

1.

All accessory structures, except:

a.

Structures with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms;

b.

Structures 1,200 square feet or more in size;

c.

Structures with lot coverage higher than 25 percent;

2.

All room additions, except room additions with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms;

3.

Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies;

4.

In case of damaged structures due to fire, earthquakes or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing.

5.

Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

6.

Applications for second units and two-unit developments in accordance with Chapter 18.65.

7.

Applications for accessory dwelling units and junior accessory dwelling units in accordance with Chapter 18.69.

D.

Site and Architectural Review Application. The purpose of this application is to allow major projects to receive full review from the Site and Architectural Review Board through a public hearing process. Site and architectural review by the Site and Architectural Review Board includes, but is not limited to:

1.

All items which are not subject to land use or administrative site and architectural review applications;

2.

Any conversion of a single ownership property to a condominium ownership or stock cooperative project;

3.

Any placement of a modular structure in any district in accordance with this Title;

Any other project subject to site and architectural review as listed in this Title or in the Barton Road specific plan;

5.

Any item which could not be satisfactorily reviewed at the staff level per discretion of the Community Development Director. Additionally, any replacement or reconstruction of disaster-damaged structures that are not in the same condition as prior, including changes initiated by the applicant or increased square footage of 65 percent or more of the main residential livable area, lot coverage over 25 percent or add accessory structure over 1,200 square feet;

6.

Refer to chart Review Process for Nonconforming Structures Affected By Natural Disasters/Fire.

Review Process for Nonconforming Structures

Affected by Natural Disasters/Fire

• No alterations: Exception: Alterations to bring structure into compliance with building codes.

** With alterations: Other expansion of structures per applicant's initiative.

(Ord. No. 338, § 15, 5-24-2022; Ord. No. 336-U, § 17, 1-25-2022; Ord. No. 303, § 3, 5-9-2017; Ord. No. 298, § 13, 10-11-2016; Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994; Ord. 146 § 1(part), 1993: Ord. 139(part), 1992: Ord. 131 § 2, Exh. B, 1991: Ord. 126 § 2, Exh. A(part), 1990)

The responsibility of the Site and Architectural Review Board and/or Director is to provide comprehensive site plan and architectural review of projects. The scope of the review is to consider the site plan in relation to the property and development standards (i.e. setbacks, lot coverage, building height, parking, etc.), placement of structures, vehicle and pedestrian access, landscaping, police and fire services, grading and drainage, traffic, relationship to existing and planned uses of adjoining and surrounding properties, and relationship to nearby properties and structures and surrounding natural topography. It is also to consider the proposed architecture of buildings in terms of style and design, materials and colors, and size and bulk in relation to the surrounding properties.

Where site and architectural review is required the Site and Architectural Review Board and/or the Community Development Director shall consider the following issues (other relevant issues not listed below may also be considered):

A.

The proposed site plan for the property shall be reviewed taking into consideration the following:

1.

Placement of all structures and improvements (including adherence to setback requirements);

Vehicular ingress and egress;

3.

Internal vehicular circulation and parking lot design;

4.

Pedestrian and vehicular safety;

5.

Landscaping;

6.

Pedestrian amenities;

Lighting;

8.

Location of all service facilities, including waste recycling bins;

9.

Walls and fences;

10.

Police and fire protection;

11.

Relationship to adjoining properties, structures and the site's and surrounding area's natural topography;

Grading and drainage issues;

13.

Relationship to existing and/or the planned use of adjoining properties and within the general area;

14.

Consistency with this Title and the general plan;

15.

Traffic-control measures.

B.

The proposed architecture of all structures shall be reviewed taking into consideration the following:

1.

Architectural style and building design;

2.

Proposed building materials and colors;

3.

Height of structures;

Design and location of all signs;

5.

Size and bulk of the structures in relation to existing and/or planned structures on the subject site, adjoining properties and within the general area;

6.

Consistency with this title and the general plan.

(Ord. No. 264, § 20, 6-12-2012; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

Applications for site and architectural review shall be submitted to the planning department. The planning director shall review each application and determine its completeness in accordance with planning department policy. Upon determination that an application is complete, the application shall be scheduled either for review by the site and architectural review board or by the community development director as applicable according to Section 18.63.020. Land use applications may be completed by assigned planners at the counter or taken in for review as needed.

An application for site and architectural review shall contain the following:

A.

Completed application form;

B.

Site plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing:

1.

All buildings, property lines and easements;

2.

All parking spaces, driveways and drive aisles;

3.

All landscaped areas;

4.

All walls and fences;

Location of all signs;

6.

Public improvements to the street centerline;

7.

Site address and assessor's parcel number;

8.

Property owner name and address;

9.

Number of lots and their sizes (in square feet);

10.

North arrow, graphic and numeric scales.

C.

Elevations, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The elevations shall be scaled, dimensioned drawings of each side of each building and/or sign.

D.

Landscape plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The landscape plan shall show the location of all proposed plant material, common and botanical names, quantities and sizes, paved areas and paving materials and property lines.

E.

Grading plan, twenty-five blueline copies plus one blueline copy colored for presentation purposes. The grading plan shall show existing and proposed topography for the site and within one hundred feet of the property lines. The plan shall also show all trees with a trunk diameter greater than four inches.

F.

Material board, one eight-and-one-half-inch by eleven-inch mounting board showing samples of exterior design elements such as roofing material, paint chips, brick, stone or other accent features.

G.

Three-hundred-foot-radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit.

H.

Application Fee. In case of administrative site and architectural review and land use applications, the number of plans and specific requirements will be determined by the community development director on a case-by-case basis according to the scale and impact of projects. The community development director may require additional information or delete certain requirements from an application depending on the specific situation.

(Ord. 146 § 1(part), 1993: Ord. 139(part), 1992: Ord. 126 § 2, Exh. A(part), 1990)

The site and architectural review board shall hold a public hearing on any proposed site and architectural review application and shall notice said hearing in accordance with Section 65091 of the California Government Code, and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990) 18.63.060 - Approval process.

After review of an application, the site and architectural review board shall approve the application only if:

A.

The following findings are made:

1.

The proposed project is consistent with the intent of this code and the general plan;

2.

The location and configuration of all structures associated with this project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area;

3.

The architectural design of structures, their materials and colors are visually harmonious with surrounding development, natural landforms, are functional for the proposed project and are consistent with this code;

4.

The plan for landscaping and open spaces provides a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments;

5.

There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the city, its setting and natural landforms are

preserved;

6.

The design and location of all signs associated with this project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with this code;

7.

Conditions of approval for this project necessary to secure the purposes of this code and general plan are made a part of this approval.

• (Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

The decision of the site and Architectural Review Board shall be final unless appealed to the City Council within ten calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person.

A.

An appeal of a site and architectural review board decision shall be made in the following manner:

1.

Filing with the City Clerk's office a completed application for appeal;

2.

Payment of the appropriate appeal fee.

B.

After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the site and Architectural Review Board and the appellant. The notice shall also be provided in accordance with Section 18.63.050 (Public hearing) of Chapter 18.63 (Site and architectural review).

C.

The site and architectural review board shall submit a report to the City Council containing the reasons for the board's decision and the minutes of its meeting regarding the appealed decision.

D.

The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this Title and the general plan. Upon such determination, the City Council shall uphold, modify or reverse the site and Architectural Review Board's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the site and Architectural Review

Board, the City Council may refer the application back to the site and Architectural Review Board for reconsideration of the application with the new information.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for building permits.

The application shall include three sets of the approved site plan, elevations, landscape plan and grading plan, each set shall be approved and signed by the Community Development Director and shall have attached to it a copy of any conditions of approval required by the Site and Architectural Review Board or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable state and local codes.

(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

An applicant may request minor alterations or revisions to approved plans by the Site and Architectural Review Board after the initial approval of the plans as follows:

A.

Minor alterations to the approved plans which result in a change to the exterior facade of a structure, any element of the landscaping plan or the design of the site plan may be approved by the Community Development Director. Other minor alterations may be approved by the Building and Safety Director. All approved minor alterations shall not result in a substantial change from the approved plans.

B.

Any proposed revisions which result in a substantial change to the approved plans shall be submitted to the Site and Architectural Review Board for consideration pursuant to the procedures set forth in this Chapter for initial application.

(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

The approval of a site and architectural review application shall expire one year from the date of its approval unless the following actions occur:

A.

The applicant applies for a building permit and commits substantial investment in accordance with the approved plans prior to the expiration date.

B.

A business license is issued in accordance with this Code, as applicable.

C.

The applicant has complied with all applicable conditions of approval.

In case the applicant is not able to comply with Subsection A, B or C of this Section, then the applicant shall apply for an extension of the one-year compliance period prior to expiration date.

The Planning Director may, upon application by the applicant, extend the period of approval for a length of time up to one year. No approval shall be extended to a date beyond two years from the date of the initial approval.

(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

A.

Definition. "Playhouses" consist of small structures (maximum of 120 square feet, with ground-mounted or elevated floor where raised floor does not exceed six feet in height. Playhouses are made by property owners, "handyman" or premanufactured kits, usually with elevated portions at times connected to other play equipment such as jungle gyms, swings, etc. Playhouses are usually built of wood, painted metal and various other materials. Playhouses are sometimes placed over a tree. These structures are built as children play areas.

It should be noted that premanufactured kits are not pre-approved structures and do not necessarily conform to City codes and to these guidelines. Such kits are subject to the guidelines as much as any playhouses built from scratch by a "handyman" or property owner.

Playhouses are considered accessory structures or "subordinate structures" to the main residence and shall be built in compatibility with the main residence and with surrounding sites and structures.

B.

Goals. The review of a playhouse is therefore to achieve the same goals as the site and architectural review of a main residence, as listed in Section 18.63.010, Purpose, of this Chapter:

"To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area;

To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title;

To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms."

C.

Specific Review Criteria.

1.

Location of playhouse shall minimally meet accessory structure setbacks (ten feet rear and five feet side setbacks from toe or top of slope) and shall not be located on utility easements or public right-of-way. It is recommended that playhouses be located as not to be visible from neighbors' yards, whenever possible.

2.

The following criteria apply to all playhouses, but especially to playhouses which are visible from neighbors' yards:

a.

Playhouse windows shall not face neighbors' yards but towards the main residence so as not to interfere with neighbors' privacy.

b.

Ceiling height on elevated playhouses shall not be suitable for adults (maximum of five and one-half feet). An elevated playhouse which functions as an observation tower or elevated deck shall follow a different set of review criteria and may be subject to a public hearing. Playhouses for infants or toddlers who need constant supervision are strongly encouraged to be ground-mounted. Note that a playhouse shall not be elevated more than six feet from grade, otherwise, the "under floor" will be considered a "story" and the structure will no longer be considered a playhouse.

c.

Colors shall be compatible with the main residence and with neighbors' fences in such a manner as to blend in as much as possible. Brightly colored playhouses visible from neighbors' yards are strongly discouraged. Pastel colors such as off-white, cream and light tan are encouraged. This applies to all construction elements, such as walls, pilasters, roof and trim.

d.

In case playhouses barely meet the accessory structure setback requirements, a row of London plane trees or other trees are encouraged to be planted surrounding the structure to diminish visual impact of structure on adjacent residences.

e.

Construction materials shall not include glass, cardboard or sheet aluminum roofing. No electrical or plumbing elements are allowed. First-quality materials are recommended, since playhouses do not require

permits and aesthetics and safety of construction is critical.

f.

Playhouses shall be constructed so as not to obstruct scenic views of the mountains or valley and shall be on scale with adjacent development on- and off-site, i.e.:

i.

Hilly areas: In areas of small lots (7,200 square feet or less), a 120 square-foot elevated playhouse (12 feet in height) at five feet from the property line may be perceived as a "huge structure" if seen from a neighbor's yard, especially when in a descendent topography. It is recommended that special attention be given to views when in areas with topographic gradients.

ii.

Areas with existing accessory structures: In the case where other surrounding accessory structures are of eight to ten feet in height, a playhouse with height exceeding ten feet is strongly discouraged. Harmony with scale of surrounding development is to be achieved.

iii.

Flat areas: In case proposed playhouse is the first accessory structure with overall height above six feet in a specific area (three to four adjacent properties), it is strongly recommended that it be ground-mounted and located so as not to be visible from neighbors' yards (roof can be visible). Preservation of existing feelings of openness and space is desired whenever possible. Unless this structure blends in "perfectly" with its surroundings, it is likely to create significant controversy.

iv.

Playhouses on trees:

(A)

When playhouses are installed on a live tree without alterations to the appearance of the tree, they are considered self-screened; however, all other criteria will apply.

(B)

When playhouses are installed on a dead or significantly altered or chopped tree with or without posts of support, they are subject to the guidelines as any other playhouse.

Note that in case these structures are larger than 120 square feet, they are considered illegal structures and shall be demolished. A building permit is not applicable. Chopping or destroying trees to install tree houses is strongly discouraged.

Trees have several natural functions, such as cooling the environment, cleaning the air by producing oxygen, fertilizing and protecting soil from erosion and many more. Trees help to create the very same scenic view which enhances property values. Observations provide evidence that there is a very significant correlation between amount of trees on private and public spaces with high-image cities and

neighborhoods. While one tree may be interrupting a scenic view, all the neighborhood trees, including the one in question, together help maintain and enhance the quality of life and property values in that community.

D.

Review Procedures Required.

1.

Playhouses exceeding six feet in overall height are subject to playhouse review criteria and require Community Development Director clearance (land use approval application $33.00 fee). Playhouses are exempt from building permit.

2.

Playhouses which are six feet or below in overall height are exempt from both permit and planning review.

Note that small structures exceeding 120 square feet with second story, are not considered playhouses and are subject to permit. When subject to a permit, such a structure will need to meet habitable standards, including, but not limited to, Title 24 of the Uniform Building Code, energy conservation, electrical, plumbing, etc. This basically transforms the small structure into a "recreation room" of "accessory living quarters."

E.

Process. In case your proposed playhouse meets all criteria, an over-the-counter approval will be granted. Otherwise, noticing to adjacent neighbors may be required to avoid complaints in the future. At the end of two weeks, if no complaints are received, the application will be approved subject to the community development director's recommendation. To expedite the process, the applicant has the option to bring support letters from the neighbors. In case neighbors are concerned, a meeting will take place for exchange of information. Usually, it resolves all questions and the project can proceed. Ultimately, in case the applicant is not accepting of the Community Development Director's approval recommendations, then he/she can appeal to the Planning Commission per Section 18.63.070.

(Ord. 146 § 1(part), 1993)

In the case of new residential, commercial or industrial units all rooftop mechanical equipment shall be located at a distance from the edge of the building or shielded by means of a lattice or similar materials or parapet, so as not to be visible from the pedestrian level, adjacent roads or adjacent properties. In case of fire-damaged structures, staff will evaluate projects on a one-by-one-case basis before applying requirement.

(Ord. 157 (part), 1995)

Chapter 18.64 - OBJECTIVE DESIGN STANDARDS

This Chapter is intended to implement the provisions consistent with Senate Bill No. 35 and Senate Bill 330, Government Code Sections 65400.

A.

Purpose. The purpose of this Chapter is to establish design standards that are objective for multifamily residential development and mixed-use development with a residential component to ensure that such development is attractively designed, maintains positive aesthetic characteristics, and to provide property owners and developers with predictable design approval standards for such development. The standards established in this Chapter are supplemental to the development standards applicable to multifamily residential development and mixed-use development as established within the Municipal Code for each zoning district allowing such use. This Chapter also establishes conditions and procedures for processing streamlined housing projects consistent with Government Code Section 65913.4.

B.

Intent. It is the intent of this Chapter to provide design standards that are objective while also ensuring that the City's requirements for quality design of multifamily residential development and mixed-use development with a residential component are satisfied. These design expectations are to be applied uniformly, and without discretion, to enhance the built environment within the City for both affordable and market-rate multifamily residential development.

C.

Applicability. The provisions of this Chapter apply to all multifamily residential developments and mixed-use development with a residential component as defined herein. Regarding the permitting process in particular, any application that complies with all provisions of this Chapter and regulations of the applicable zoning district shall be eligible for a ministerial review process, as set forth in Section 18.64.080 (Permits and Approval). When an applicant elects to deviate from the objective design standards set forth in this Chapter, a ministerial review process shall not apply and the development application shall be subject to any required discretionary application types, review and approvals as set forth in Chapter 18.63 (Site and Architectural Review).

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

A.

Zoning and Development Standards. A multifamily residential development or mixed-use development with a residential component that is designed in conformance with this Chapter shall also comply with all development standards and regulations of the designated zoning district and other applicable provisions of Title 18 (Zoning).

B.

Subdivision Regulations. A multifamily residential development or mixed-use development with a residential component that is designed in conformance with this Chapter that requires the approval of a subdivision action in order to establish a legal building site for such development, shall comply with all applicable requirements of Title 17 (Subdivisions).

C.

Building/Fire Codes. A multifamily residential development or mixed-use development project with a residential component that is designed in conformance with this Chapter shall also comply with all applicable regulations of Title 15 (Buildings and Construction), including but not limited to plan check review, permit issuance and applicable fees. Projects must comply with San Bernardino County Fire submittal and review requirements.

D.

California Environmental Quality Act (CEQA). A multifamily residential development or mixed-use development project with a residential component that is designed in conformance with this Chapter, qualifying for a ministerial review process, shall be considered exempt from CEQA pursuant to Government Code Section 65913.4. This exemption does not preclude a determination by the City that certain technical

reports (e.g., stormwater quality management plan, water and sewer studies, traffic studies, noise studies, parking studies, biological survey, historical survey) are required as part of the standard submittal checklist established by the Director, or as required through the imposition of standard conditions of approval. Any required technical reports shall conform to City requirements established for such reports. Projects that do not qualify for a ministerial review process shall be reviewed in compliance with the applicable CEQA guidelines for discretionary application types.

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

For purpose of this Chapter, the following terms shall be defined as follows:

A.

"Multifamily residential development" means a building(s) with two or more attached residential units. It also includes a mixed-use development with a residential use as defined herein. This term does not apply to accessory dwelling units generally unless the application is for new construction of a single-family home with an attached accessory dwelling unit.

B.

"Mixed-use development" means a building(s) and site where at least two-thirds of the square footage of the building(s) shall be designated for residential use. The two-thirds calculation is based upon the ratio of gross square floor area (square feet) of residential units and related residential facilities to gross building(s) floor area (square feet) for the nonresidential use, such as commercial. Buildings that include both residential and nonresidential uses shall be credited proportionate to the intended use. The calculations of building(s) square footage shall not include non- conditioned building floor area or below-grade floor area, such as basements, or underground parking garages.

C.

"Ministerial review process" means a process for development approval involving little or no personal judgment by the City as to the wisdom or manner of carrying out the project. The ministerial review process simply ensures that the proposed development meets all the requirements of this Chapter.

D.

"Objective design standards" are defined in Government Code Sections 65913.4 and 66300 (a)(7) to mean that no personal or subjective judgment is used by the City. The standards are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant/proponent of the project and City prior to submittal of a development application.

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

A.

LEED Platinum Requirement. For the purposes of this Chapter, all multifamily residential buildings and sites and mixed-use buildings and sites with a residential use shall demonstrate that the application qualifies for the "Platinum Level Certification," or an equivalent standard as defined by the Leadership in Energy and Environmental Design (LEED) of the United States Green Building Council. Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/checklists as established by the Director.

B.

Water Efficient Landscape Requirement. For the purposes of this Chapter, all multifamily residential development and mixed-use development with a residential use shall demonstrate that the application is in compliance with all applicable requirements by the Riverside Highland Water Company and compliance with the City's Water Efficient Landscape regulations in Chapter 15.56. The landscaping application shall demonstrate conformance with the latest Model Water Efficient Landscape Ordinance (MWELO) guidelines by the California Department of Water Resources. Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/ checklists established by the Director.

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

Unless otherwise noted, development shall comply with the Municipal Code design development standard requirements of the underlining zoned district in which they are located, including but not limited to front setback requirements, distance between buildings, required height, and lot coverage.

A.

Residential Entries. The following standards apply to first floor street or publicly accessible common open space-facing façades of residential or mixed-use buildings. The primary orientation of a building or unit

entrance in multifamily residential site shall be designed in accordance with the following standards:

1.

Street-Oriented Entries. Buildings fronting a public street shall have a primary residential door entrance oriented to the public street or oriented to within 45 degrees of the line parallel to a public street intersection as illustrated in Figure 18.64.050A. Direct and unobstructed universal access shall be provided between the public sidewalk and the residential primary building entrance. Where a site is located on two or more public streets, the primary building first floor residential entry shall be oriented toward the street with the highest roadway classification as defined in the Circulation Element of the Grand Terrace General Plan. If a multi-family site fronts two public streets of equal roadway classification, either street frontage may be used to meet the entry standard.

2.

Individual Residential Unit Entries. Multi-family residential buildings with exterior residential unit entries shall front and be setback a minimum of ten feet from the public sidewalk. Entries shall be linked to the public sidewalk with a ten-foot minimum width access walkway, ramp, and/or stairs as illustrated in Figure 18.64.050 A.

Figure 18.64.050 A

==> picture [385 x 209] intentionally omitted <==

3.

Common Open Space-oriented Entries. Multi-family residential building primary entries are permitted to be located at the first floor and directly accessible from publicly accessible common open space paseos, courtyards, plazas, or a street fronting residential setback as illustrated in Figure 18.64.050B. Common open space entries shall have direct sightlines and continuous and unobstructed universal access sidewalk routes between the entries and the street public sidewalk.

4.

Exterior Multiple Unit Entries. Residential entrances serving multiple units shall be accessed from a first floor lobby or stairwell that is linked to a public sidewalk, publicly accessible open space, or residential

front setback. Exterior entrances to individual units on upper floors utilizing an exterior access corridor visible and/or connecting to a public street shall serve a maximum of four units and shall be recessed with a minimum depth of ten feet as illustrated in Figure 18.64.050 B.

Figure 18.64.050 B

==> picture [384 x 325] intentionally omitted <==

B.

Modulation and Articulation. The massing and articulation of buildings in multifamily residential development shall be designed in accordance with the following standards:

1.

Setbacks. Multifamily units that are anticipated to have impact adjacent development privacy. To mitigate the impacts, the following standards shall apply, as illustrated in Figure 18.64.050C.

a.

Minimum Requirements. When a multifamily residential building is constructed adjacent to any parcel that includes an existing structure, a 15-foot setback is required wherever the multifamily building is located within ten feet of a required side or rear setback. The setback shall be for stories that are one story greater than the highest roof line elevation of any existing residential structure.

b.

Size and Location of Windows. To mitigate privacy impacts, residential units shall reduce the number and locate residential windows to minimize sightlines to existing development. All California Building Code

egress window requirements for residential occupied units shall be met.

c.

Landscape Privacy Screening. When adjacent to existing residential development, a ten-foot landscaped setback shall include vertical evergreen trees, at a minimum height of 20 feet, and maximum spacing of ten feet on-center at installation. All privacy screening trees shall be planted at a minimum of 25 percent of full growth maturity. All trees shall be provided at a minimum size of 36-inch box.

Figure 18.64.050 C

==> picture [384 x 198] intentionally omitted <==

1.5.

Facade Modulation. As illustrated in Figure 18.64.050D, all building facades shall be articulated horizontally a minimum of every 50 feet along all sides, using facade projections, recesses, or step backs of upper floors. Façade area used to meet this standard shall be a minimum of five feet in depth and ten feet in width and shall be articulated vertically a minimum of two-thirds of the height of the structure.

Figure 18.64.050 D

==> picture [384 x 159] intentionally omitted <==

2.

Façade Articulation. Articulation of any facade greater than 20 feet in length along any street-facing frontage, or 30 feet along any façade. These facades shall be articulated by incorporating at least three of

the following features each of which is illustrated in Figure 18.64.050E:

a.

Window and Door Fenestration. All individual or window and door systems shall project a minimum of two inches in depth from the primary wall plane or shall be recessed from the primary wall plane a minimum of three inches;

b.

Recessed Ground Floor Modulation. Exterior arcades, porticos or cantilevered ground floor building recesses that provide sheltered walkways, patios, stoops or porches within the building footprint, having a minimum area of 50 square feet;

c.

Horizontal Modulation. Projected or recessed bay, oriel, or alcove of a minimum two-foot depth variations from the primary wall plane for 30 percent of building frontage;

d.

Modulated Entries. A recessed stoop or porch or projected vestibule or foyer unit entry with a minimum area of 50 square feet; or

e.

Vertical wrticulation pilasters which project a minimum of six inches in depth from the primary façade and extend the full height of the building from the first story finished floor elevation to the rooftop eave or top of parapet or cornice line.

Figure 18.64.050 E

==> picture [384 x 402] intentionally omitted <==

3.

Roofline Articulation. All building rooflines shall be vertically articulated at least every 50 feet, through one of the following techniques as illustrated in Figure 18.64.050F:

a.

Option 1—An increase or decrease in height of a minimum four feet;

b.

Option 2—A change in at least one roof pitch or form; or

c.

Option 3—Articulation of the roofline utilizing of one of the following- dormers, gables, varying height cornices, and/or clerestory windows.

Figure 18.64.050 E

==> picture [384 x 178] intentionally omitted <==

4.

Horizontal Articulation. Buildings three stories or greater in height shall be horizontally articulated a minimum of every 100 feet along all frontages through the use of either façade recesses or façade projections. Setbacks or projections shall be a minimum of five feet in depth and ten feet in width and shall extend the full height of the building from the first story finished floor elevation to the roof eave or top of parapet or cornice line.

5.

Vertical Articulation. Buildings three stories or greater in height shall vertically differentiate the function and use of the first story from the upper story(s) by providing a façade cladding material change between the first story and upper stories for a minimum of 75 percent of all facades. Facades shall incorporate at least two of the following to achieve this differentiation as illustrated in Figure 18.64.050G:

a.

Recesses or Projections. Variation in the primary façade plane projecting or recessing a minimum of four inch in depth at the vertical transition line between the first story and upper story(s) façade materials.

b.

Horizontal Banding. Horizontal articulation between the first story and upper story(s) primary façade planes utilizing a 12-inch projecting ornamental or functional water table, belt course, molding or ledge.

c.

Masonry Base. The first floor primary façade shall consist of a masonry material, including hand laid and mortared field stone, brick, split face, sand blasted, or burnished concrete masonry units (CMU), projecting a minimum depth of one inch from the primary façade of the building. Alternative masonry materials include tile, wood siding, shakes, or metal panels.

d.

Step Backs. Recessing the top story(s) of the façade a minimum of five feet from the lower story(s) primary façade(s).

C.

Architectural Elements. Buildings in multifamily residential development parcels shall be designed in accordance with the following standards:

1.

Four-Sided Architecture. All buildings and structures within a multifamily development parcel shall utilize the same façade design elements, utilized the same materials and roof materials and articulation and modulation treatment on all building facades, including the use of paint colors.

2.

Quality. Mixed income multi-family development parcels that include both affordable residential units and market rate residential units are required to be constructed using the same façade articulation and modulation treatment, façade colors, and materials such that the façades of affordable and market rate units are indistinguishable.

3.

Private Open Space Amenity. All first floor residential units shall include a private terrace or patio. All upper floor residential units shall include a private balcony or rooftop terrace.

4.

Architectural Projections. All building façades and/or roofs shall include a minimum of two of the following features above the first floor of the building along all street frontages as illustrated in Figure 18.64.050 G. The horizontal distance between features shall be no greater than 25 feet. The minimum width and depth of these features shall be as follows:

a.

Greenhouse or garden windows—Must be at least eight inches in depth at the farthest point from the primary façade of the building, and five feet in width.

b.

Bay windows—Must be at least ten inches in depth measured at the farthest point, and five feet in width.

c.

Roof dormers—Must be at least two feet in depth measured at the farthest point from the roof surface of the building, and four feet in width.

d.

Balconies and rooftop decks—Must be at least five feet in depth and ten feet in width.

Figure 18.64.050 G

==> picture [384 x 336] intentionally omitted <==

5.

Blank Walls. First floor façade without doors or windows shall be no greater than 200 square feet where fronting sidewalks, multi-use paths, or publicly accessible outdoor common space areas. Blank wall frontages shall include front or side yard setback landscape screening foundation planting beds that must be a minimum of three feet in width for the entire façade length.

6.

Blank Wall Standards. Blank walls shall be mitigated where it is infeasible to provide openings, such as a parking garage, trash room, mechanical room, or electrical room. One of the following treatments shall be provided for any blank wall greater than 20 feet in length:

a.

Wall Treatment. Wall treatment in the form of permitted graphic or sculptural art; decorative ceramic tile; or painted metal or treated wood latticework combined with living plant material shall be provided along the blank wall. A minimum of 50 percent of the blank façade shall be treated.

b.

Surface Texture. Surface articulation that recesses or projects a minimum of two inches from the face of the primary facade shall be provided. Stone, stone veneer, cast in place or precast concrete, and finished

concrete block are permitted surface treatments. A minimum of 50 percent of the blank facade shall be treated.

c.

Screen Landscaping. Planting in the form of any combination of climbing vines, perennials, annual flowers, decorative grasses or shrubs, shall be provided in planting beds, raised planting beds or planter boxes in front of the blank wall. Such planting bed or planter boxes shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area shall have a width and height of at least five feet at time of landscape installation. A minimum of 50 percent of the blank façade shall be screened by planted material.

D.

Building Colors and Materials.

1.

Primary Façade Material. Building primary façades shall be wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone.

2.

Secondary Façade Material. At least two secondary façade materials shall be used on all building façades.

3.

Building Color. Buildings shall have a minimum of one primary façade color, one secondary façade color, and two accent window and door frame, or trim colors, and one roof color.

4.

Façade Color Standards. Facade colors shall be select that are appropriate for Grand Terrace's Inland Empire setting. Paint color and finish shall be muted and flat to imitate colors found naturally in nearby Blue Mountain soil, trees, rocks, and other organic materials.

a.

The use of color and materials shall strengthen and complement building vertical and horizontal modulation.

b.

All building facades shall be painted equally.

c.

Facade Colors. The primary color and secondary colors shall be limited to warm white shades and rich, warm colors containing some brown (ranging from neutral tan to deep brown).

i.

The outer ring of the color wheel illustrates the range of colors that are of an earth tone and are acceptable for use. Facade colors within the illustrated earth tone spectrum may vary in tint and tone but are not allowed to use the hue (pure color) as illustrated in Figure 18.64.050 H.

Figure 18.64.050 H

==> picture [384 x 379] intentionally omitted <==

Fenestration Color Standards. Windows, doors, and trim shall be limited to a minimum of two and a maximum of three paint colors.

a.

Window and door trim is permitted to utilize all the tints and tones of the full color spectrum.

b.

Windows shall be limited to shades of black or warm colors containing deep brown.

c.

Doors shall be permitted to utilize the tints and tones of the full color spectrum.

d.

Prohibited Colors. Trim, Doors and Windows are prohibited from utilizing the hue of any color.

6.

Color Sources. Building shall use the hex color palettes identified as earth tones in Hexcolorpedia https://hexcolorpedia.com/?s=earth+tonespage%2F2page%2F2page%2F2 or equivalent on-line color tool that provides information about earth tone color. Buildings shall be limited to:

a.

Primary Building Façade Colors. The primary hex color tints, tones and shades.

b.

Primary Color Blending. Blending two hex color values to create a gradual transition.

c.

Secondary Color Schemes. Complementary, analogous, triadic, tetradic, aesthetic, hue rotation and monochromatic hex colors schemes.

7.

Prohibited Façade Materials. The following materials shall not be used for multi-family residential building façade. Cladding shall include the following prohibited materials: vinyl siding, corrugated fiberglass siding, chain link fencing parapet or mechanical equipment screens, crushed colored rock veneer panel siding, corrugated metal, engineered oriented OSB sheathing panels, tongue and groove and T1-11 plywood siding. No more than five percent of a façade may be of reflective vision and/or spandrel glazing, tumbled glass tiles, ceramic tiles or architectural metal paneling. MDO or CDX grade or better weather protected painted or stained plywood panels used for board and batten cladding is permitted. No cladding shall have exposed or unfinished edges.

8.

Windows. True divided lite window types are permitted. Simulated divided lite windows with decorative grilles embedded or applied to window glass glazing is prohibited. Window tinting is prohibited.

9.

Doors. Fifty percent minimum transparent glass doors for multiple unit lobby entrances shall be required but shall not be required for individual residential unit entries.

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

A.

At-Grade Parking Lots and Individual Residential Unit Parking Garages/Carports. In addition to the requirements of Chapter 18.60 (Off-Street Parking), multifamily residential sites with at-grade parking lots,

or where units are served by individual residential unit garages/carports, shall be designed in accordance with the following:

1.

Location. At-grade parking lots, parking spaces, or loading zones shall not be located between the building frontage and public streets. If a site consists of multiple buildings, this standard only applies to the building(s) fronting public streets. At-grade parking lots shall only be located behind street fronting buildings.

2.

Pedestrian Access. Publicly accessible six-foot minimum width sidewalks shall be provided through atgrade parking lots at a minimum of every four rows of parking or at a minimum of every 130 feet, whichever is less. Publicly accessible sidewalks shall be designed to connect to buildings with consolidated entries and linked to other public sidewalks, and publicly accessible sidewalks within the site. All such pathways shall be clearly marked and differentiated from at-grade parking lot drive lanes areas by colored and or surface textured asphalt, unit pavers, or stamped concrete pavement treatment. Public accessible sidewalks shall meet the right-of-way established in the Grand Terrace Circulation Element and shall include the required street landscape, per Municipal Code Chapter 12.28, Street and Parkway Trees.

3.

Motor Vehicle Access. At-grade parking lot motor vehicle access shall be taken from an any existing alley. For sites without an alley, at-grade parking lot motor vehicle access shall be from a public street curb cut and driveway with the lowest roadway classification as identified in the Grand Terrace Circulation Element. Alleys shall be considered part of the multi-family site and shall be maintained by the property owner as a condition of use.

4.

Garage Door Setback. Individual residential unit parking garage doors that front the street shall be setback a minimum of five feet behind the front primary façade of the multi-family building or the front façade of a covered porch or stoop that projects in front of the primary façade.

5.

Garage/Carport Design. Individual residential unit parking garages and/or carports shall include equivalent façade design elements, fenestration, material and color application as those of the residential buildings within the site.

B.

Structured Parking. In addition to the requirements of Chapter 18.60 (Off-Street Parking), multifamily residential buildings that include structured parking shall be designed in accordance with the following standards:

Screening. Where multifamily building fronts public streets, structured parking shall not comprise more than 50 percent of the first floor building width subject to the following:

a.

Any 200 square feet or greater facade shall include required façade articulation, landscaping, and/or other requirements of C. Architectural Elements 5. Blank Walls.

2.

Ventilation. Façade natural exhaust ventilation openings shall be screened with wrought iron grilles and/or landscaping. Ventilation openings shall not exceed 20 percent of any street fronting first floor façade.

3.

Control and Access. Mechanically or manually-controlled structured parking doors or gates shall be setback a minimum of 40 feet behind the back of a public sidewalk. For mixed use buildings or sites, the use of controlled entrances shall be limited to the portion of a structured parking reserved for resident parking spaces. At controlled structured parking driveway entrances, lanes shall be dimensioned to permit motor vehicle U-turns to allow a vehicle to exit without backing into the street. Parking spaces provided for multi-family building guest, service and delivery use shall be provided outside of any controlled entrance parking structure.

C.

Site Access and Connectivity. Multifamily residential site streets, sidewalks, and multi-use pathways shall include:

1.

Internal Sidewalks. Sites shall provide unobstructed American with Disabilities Act (ADA) compliant fivefoot minimum width surface separated by a minimum three-foot wide planting bed where fronting any building.

2.

Site Design. For multi-family sites, the following standards shall apply as illustrated in Figure 18.64.060A:

a.

Internal Circulation. Multi-family sites that include internal streets or driveways shall provide uninterrupted continuous vehicle and walking connections through the site and a minimum of two access points to fronting public streets or alleys and sidewalks.

b.

All site internal streets, driveways, alleys, sidewalks, and multi-use pathways shall align with all existing and planned streets, alleys, sidewalks, and multi-use pathways external and fronting to the site.

c.

Any internal site cul-de-sac or other dead-end street longer than 300 feet shall provide sidewalk or multiuse pathway connections between internal or external streets sidewalks or multi-use pathways.

d.

Multi-family sites shall not be greater than 600 feet in length, measured from any fronting cross-street centerline, alley center line, or side property line. Walking and biking midblock access connections shall be provided at distances no greater than 350 feet measured from a cross-street center line, alley center line, or side property line to the mid-block sidewalk or multi-use pathway center line. All connecting midblock sidewalks or multi-use pathways shall have a ten feet minimum width.

Figure 18.64.060 A

==> picture [384 x 536] intentionally omitted <==

D.

Landscaping and Common Open Space Amenities. Multi-family buildings and sites shall comply with all open space requirements of each zoning district and the following additional site design standards:

1.

Minimum Requirements. Sites shall include live landscape plant and/or mulch materials throughout except where paved parking lots, streets, driveways, sidewalks, patios, service or utility structures/ pads, recreation facilities, or water elements occur. Live landscape planting will comprise a minimum of 75 percent coverage and planted at 50 percent (minimum) at installation.

2.

Minimum Size. All site trees and shrubs shall be planted at a minimum of 25 percent of full growth maturity. Trees within landscaped areas shall be provided at a minimum size of 36-inch box, or a minimum 48-inch box if tree specimen has a 20-foot canopy.

3.

Concrete Surface Standards. Multi-use pathways adjacent to common open space areas that include flat work concrete surfaces greater than 96 square feet shall be poured in place concrete. A minimum of 50 percent shall be a stamped, salt, or exposed aggregate finish or utilize multiple colors of concrete with no individual section having more than 96 square feet of one color. Stamped, or aggregate finish shall be used in high traffic areas.

4.

Other Landscape Requirements. Landscape requirements not specifically stated on this Chapter shall comply with the Municipal Code Chapter 18.61, Landscape Requirements.

5.

Walls and Fences.

a.

Walls and fences within the front setback shall not exceed three feet in height.

b.

Concrete or Concrete Masonry Unit (CMU) will be constructed with split faced or shot blast CMU; or stone veneer over precision block; or monolithic poured concrete with surface resembling either stone veneer, or split face finish; or monolithic poured concrete with raised or depressed patterns of at least one-half inch covering 50 percent of the surface.

c.

Fences must be constructed of cedar or vinyl materials. All posts must have caps. Acceptable type of wood fence are illustrated in Figure 18.64.060 B.

Figure 18.64.060 B

==> picture [384 x 315] intentionally omitted <==

d.

Other fences include:

i.

Wrought iron or decorative iron, must have 12 inches by 12 inches pilaster a minimum of every ten feet.

ii.

Brick, stone, or brick or stone veneer over precision block.

iii.

Glass fencing panels.

iv.

Columns of brick, stone, stone veneer or CMU as above no more than ten feet apart with any of allowed fencing materials between the columns.

6.

Multi-family development sites shall comply with the parkway requirements included on Chapter 12.28, Street and Parkway Trees.

Common Open Space Standards (parkway requirements). Common open space resident amenities areas shall have a minimum dimension of 15 feet in depth and width and shall be contiguous to accommodate passive individual or group active recreational activity areas.

8.

Common Open Space Siting Criteria. Location of common open space amenity areas shall be determined by the following siting criteria:

a.

Equal distance or less to no less than 50 percent of all residential units within the multifamily building or site.

b.

Solar orientation. Preferred option—Oriented no more than 30 degrees off of a true south facing axis line. Alternative Option- oriented no more than 30 degrees off of a true east or west facing axis line. Prohibited— Oriented off a north facing axis line.

c.

Screening. Visually obstructed from first floor windows, streets, service areas and parking lots with a minimum five wide landscaped planting bed and/or fencing excluding chain link materials. All fencing shall be subject to the height limitations of the zoning district and requirements of Chapter 18.73.070 (Fences and Wall Height).

9.

Required Common Open Space Amenities. Common open space areas shall be designed to provide specific amenities as shown in Table 18.64.060A based upon the number of units within a multifamily residential development. The required amenities outlined in Table 18.64.060B are additive and require that the base amenity type and minimum size of amenity be satisfied for the applicable number of units threshold, plus all preceding base amenity type and minimum size of amenity type, plus any additional increase in number or size of the amenity based upon the additive amenity ratio. As an example, a multifamily residential development consisting of 16 units shall provide a business center with at least two work stations or a 250 square foot gym, plus an outdoor active use area or facility, plus 48 square feet of community garden area (32 sf + 16 sf), and two barbecue areas with seating.

Table 18.64.060A

Multifamily Residential Development Amenity Standards

Table 18.64.060B

Multifamily Residential Development Amenity Standards

Notes:

1. Substitute 400 sf Wellness Facility 55+ Age Restricted Development, with an Additive Amenity Ratio calculated at 5 sf/1 Unit.

2. Allows Wellness Facility Substitution for 55+ Age Restricted Development.

3. For 55+ Age Restricted Development May Substitute the Basketball Court with a Bocce Ball Court and/or replace the tennis Court with a Pickleball Court.

E.

Illumination. Multifamily residential sites and building façades shall comply with the following parking lot areas, pedestrian pathways, and building and structure exteriors illumination standards:

1.

Common Area/Private Open Space. All publicly accessible common areas and private residential open space areas shall comply with the illumination foot-candle (fc) level standards as follows:

a.

Service areas and vehicular traffic areas: Minimum two-tenths fc, maximum four fc.

b.

Sidewalks and building entries: Minimum one fc, maximum five fc, with an average of two fc.

c.

Parking lot and area: Minimum one fc, maximum four fc.

2.

Sidewalks. Sidewalk lighting shall have a maximum light pole and fixture height of 15 feet.

3.

Parking Lots. Parking lot and area light fixtures shall be fully shielded and dark sky rated. The light pole and fixture height shall be no greater than 18 feet above the parking lot finished grade.

4.

Accent Lighting. Glare-free direct accent light fixtures with an illumination ratio of less than thirty to one (30:1) shall be permitted to highlight façade articulation, artwork and landscape specimen plantings. The extent of light coverage of all site light installations shall not exceed two foot candle maximum illuminance impact on any fronting residential or commercial sites.

F.

Equipment and Service Areas. Multifamily residential buildings and sites shall comply with the following equipment and service area standards:

1.

Underground. All service connections and on-site utilities including wires, cable, and pipelines and equipment shall be installed underground.

2.

Roof-Top Screening. All exterior mechanical and electrical equipment, which includes, but is not limited to roof-mounted, façade-mounted, or ground-mounted heating, venting, and cooling (HVAC) units, gas and electric utility meters, telecommunication equipment, backflow preventions, assemblies, irrigation control valves boxes, electrical transformers, pull boxes, and all HVAC ducting shall be screened. Roof-mounted equipment shall not be visible from eye level at five feet above grade of fronting streets centerlines and/or first floors of buildings within 20 feet of the multi-family site property lines. Screen façades shall utilize the same façade design elements, colors and materials of the building. All roof- mounted equipment shall be screened from public view by screening materials of the same nature as the building. Mechanical equipment shall be located below the highest vertical element of the building. Ground mechanical equipment units shall be screened in a manner consistent with the building façade.

3.

Ground-Mounted Screening. All ground-mounted mechanical equipment, shall not be visible from eye level at five feet above grade from any publicly accessible open space (rights-of-way, public trails, and parks). Screen façades shall utilize the same design elements, colors and materials of the building.

4.

Refuse Standards. Refuse collection and storage areas shall comply with the requirements of the City's service provider and the following standards:

a.

Utilization of individual dwelling unit refuse containers shall be limited to buildings of four units or less. The containers shall be stored within an unobstructed area of each resident's assigned parking garage space or within a common enclosed refuse container structure that utilizes the same façade design elements, materials, and colors of the residential building.

b.

For multifamily residential buildings consisting of five or more units, common container areas shall be provided and comply with the following standards:

i.

An enclosed refuse container structure that utilizes the same façade design elements, materials, and colors of the residential building(s).

ii.

Enclosed structure(s) shall be separated by a minimum of 20 feet from any dwelling unit located within the multifamily residential site or from any property line.

iii.

The enclosed structures shall be located a maximum of 100 feet distance from the dwelling units served.

iv.

Trash enclosures shall be completely sheltered by a roof.

v.

No minimum distance from dwelling units is required if the containers are located within a fully enclosed refuse room of a residential building. The enclosed refuse room shall be located a maximum of 75 feet from the dwelling units served.

vi.

Refuse container structures shall comply with Burrtec requirements.

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

A.

Electric Vehicle Charging Stations (EVCS) Standards. A minimum of one Electric Vehicle Supply Equipment (EVSE) per garage and one EVSE per five parking spaces will be required on a multi-family building site. Parking spaces shall be exclusively dedicated for Electric Vehicle (EV) charging use.

1.

Minimum Space Requirements. A parking space served by EVSE shall count as one parking space for the purpose of complying with any applicable minimum parking space requirements for multi-family development as established by the Municipal Code Section 18.60.030, Off-Street Parking Regulations.

2.

Electric Vehicle Charging Space (EV Space) Locations. Where undedicated/guest parking is provided at least one EV space shall be located in the common use parking area and shall be available for use by all residents or guests. All EV spaces shall be located under a weather protected carport, within a parking structure, or private garage. Electrical equipment shall be located in areas that are well drained and shield from any landscape bed irrigation spray.

3.

Accessibility. EV parking spaces shall comply with at least one of the following options:

a.

The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

b.

The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Electric Vehicle Charging Space (EV Space) Dimensions. The EV spaces shall be designed to comply with the following:

a.

The minimum length of each EV space shall be 19 feet.

b.

The minimum width of each EV space shall be nine feet.

c.

Surface slope for accessible EV space and the aisle shall not exceed one inch vertical in 48 inches horizontal (2.083 percent slope) in any direction.

d.

Where vertical pole or pylon-mounted chargers are utilized, a minimum of 36 inches of clearance shall be provided to ensure safe and easy movement around the charging station.

5.

Level 2 Electric Charging Requirements. A maximum of 80 percent of EVSEs shall have a minimum 40ampere 208/240-volt dedicated EV branch circuit and shall be installed in close proximity to the proposed location of an EV charger, in accordance with the California Electrical Code.

6.

Direct Current Fast Charging (DCFC) with Combo Connector Requirements. A minimum of 20 percent of EVSEs shall have a minimum 40-ampere 208/240-volt dedicated EV branch circuit and shall be installed in close proximity to the proposed location of an EV charger, in accordance with the California Electrical Code.

7.

Smart Metering. Separate or sub-metering that allows electricity used to be isolated from the rest of the building's energy use shall be provided.

8.

Signage and Wayfinding. All EV parking spaces shall be identified as EV ONLY with a vertical pole or wall sign, and pavement shall be marked with a EV painted symbol as well. Manual on Uniform Traffic Control Devices (MUTCD) compliant signs shall be provided for reserved American Disabilities Act (ADA) accessible EV spaces. Additional information for tenant EVSE use including time limits for charging and enforcement; safety information; and host-operator information shall be provided.

9.

Host-Operator Agreements. The building owner/operator or Home Owner Association (HOA) shall be responsible for establishing any agreements and costs associated with EV charging for tenants.

10.

Equity. A minimum of ten percent of electricity generated from solar panels installed on carports over EV spaces shall be credited to low income tenants for EVSE use. Host-operator agreements shall identify qualifications and process for low income tenants EV use.

B.

Public Art Standards. All multi-family development(s) shall comply with Ordinance 343, Chapter 18.81, Art in Public Places of Title 18 of the Municipal Code.

C.

Bicycle Parking Standards. These standards ensure that required bicycle parking is designed so people of all ages and abilities can access the bicycle parking and securely lock their bicycle. Bicycle parking shall be provided in areas that are safeguarded from theft and accidental damage. The standards allow for a variety of bicycle types, including but not limited to standard bicycles, tricycles, hand cycles, tandems, electric motor assisted cycles and cargo bicycles.

1.

Minimum Bicycle Parking Requirements. Long-term bicycle parking shall be provided in secure, weather protected facilities for multi-family building residents who need bicycle parking for several hours or longer. Short-term bicycle parking shall be located in publicly accessible, highly visible locations that serve the main entrance of a multi-family building. Short-term bicycle parking shall be visible to bicyclists on the street and is intended for visitors. Amounts of required long-term and short-term bicycle parking shall be provided as follows:

a.

Long Term Requirement. Multi-family buildings with five or more units, shall provide one space per unit.

i.

In-unit allowance standards. For sites with 20 or fewer units, up to 100 percent of bicycle parking spaces are permitted to be in dwelling units.

ii.

For sites with more than 20 units, up to 20 percent of bicycle parking are permitted in dwelling units.

iii.

Elderly or disabled multi-family uses shall provide one bicycle parking space per ten units.

b.

Long Term Additional Requirements. Multi-family buildings with more than 20 units, shall include:

i.

Cargo or long tail bicycle parking. A minimum of five percent of bicycle spaces shall be provided for larger bicycles.

ii.

Electrical bicycle charging. A minimum of five percent of spaces shall have access to electrical outlets.

c.

Short Term Requirement. Multi-family buildings with more than 20 units shall provide a minimum of one space per 20 units.

2.

Uniform Standards for All Bicycle Parking. Where long-term and short-term bicycle parking must be provided in lockers or racks, the following standards shall be met:

a.

Bicycle Parking Area. The area devoted to bicycle parking must be hard surfaced.

b.

Bicycle Racks. Racks must be designed so that the bicycle frame and one wheel can be locked to a rigid portion of the rack with a U-shaped shackle lock when both wheels are left on the bicycle.

c.

Bicycle Parking Space, Maneuvering Area, and Clearance Dimensions. Bicycle parking spaces, aisles and clearances must meet the minimum dimensions of the following:

i.

Standard Bicycle Parking Spaces Requirements. The standard required bicycle space is two feet in width, six feet in length and three feet four inches in height. There must be at least five feet behind all bicycle parking spaces to allow room for bicycle maneuvering. Where short-term bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; A wall clearance of two feet six inches must be provided. A minimum of one foot five inches shall be provided between spaces.

ii.

Vertical Bicycle Parking Spaces Requirements. Vertical bicycle parking secures the parked bicycle perpendicular to the ground is permitted as an alternative to standard spaces. The vertical required bicycle space shall be two feet in width, six feet in height and two feet in depth. There must be at least five feet behind all bicycle parking spaces to allow room for bicycle maneuvering. A minimum of one foot five inches shall be provided between spaces.

iii.

Stacked Bicycle Parking Spaces Requirements. Stacked bicycle parking are racks that are stacked, one tier on top of another are permitted as an alternative to standard spaces. Bicycles shall be horizontal when in the final stored position. The rack must include a mechanically-assisted lifting mechanism to mount the bicycle on the top tier. There must be at least five feet behind all bicycle parking spaces to allow room for bicycle maneuvering. A minimum of one foot five inches shall be provided between spaces.

iv.

Larger Cargo or Long Tail Bicycle Parking Spaces Requirements. These standard space dimensions shall be ten feet in depth by three feet in width by three feet four inches in height. At least five feet behind the pace shall be provided for maneuvering. A minimum of one foot five inches shall be provided between spaces.

d.

Bicycle Lockers. Bicycle lockers that are fully enclosed and secured are permitted. The locker must be anchored to the ground, and an aisle a minimum width of five feet in width behind all bicycle lockers to allow room for bicycle maneuvering shall be provided. The locker space shall have a minimum depth of six feet and an access door that is a minimum of two feet in width.

i.

One bicycle locker with 100 and 120 volt ac power per four units and one bicycle rack parking per every four dwelling units no more than 100 feet from furthest unit served.

3.

Standards for Long-Term Bicycle Parking. Long-term bicycle parking must be provided in lockers or racks that meet the following standards:

a.

Security Standards. Long-term bicycle parking must be provided in one or more of the following:

i.

A restricted access, lockable room or enclosure, designated exclusively for bicycle parking.

ii.

A bicycle locker.

iii.

In a residential dwelling unit.

b.

In-unit Parking Standards. Long-term bicycle parking spaces may be provided in a dwelling unit if following conditions are met:

i.

The residential unit shall include a dedicated bicycle parking area that meets the standard bicycle parking spacing dimensions above.

ii.

For buildings with no elevators, long-term in-unit bicycle parking shall be permitted only for first floor units.

ii.

Balconies, terraces, or patios are prohibited for in-unit parking.

iv.

Signage Standard. If bicycle parking is not visible from the public realm, a sign must be permanently posted at the main building or site entrance indicating the location of the bicycle parking.

4.

Standards for Short-term Bicycle Parking. Short-term bicycle parking must meet the following standards:

a.

Location. Bicycle parking must be on-site, outside the building, at the same grade as the sidewalk or at a location that can be reached by an accessible route.

b.

Main Entrance Proximity. The bicycle parking must be within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route.

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

A.

Conformance with Standards and Requirements. Mixed-use sites and buildings that include residential dwelling units shall comply with both development standards of the zoning district and all applicable multifamily design standards of this Chapter.

B.

Low Income Units. Developments proposing 20 residential units or more are required to provide ten percent low income units or five percent very-low income units. No in-lieu fee shall be accepted.

C.

Off-street Parking. Mixed use sites shall comply with all requirements of the Municipal Code Chapter 18.60, Off-Street Parking.

D.

Ground Floor Use and Height. First floor residential dwelling units shall be prohibited along street facing building frontages. The minimum first floor commercial building height shall be 14 feet, measured from the first finished floor elevation to the second floor finished floor or rooftop elevation. Upper floor to floor heights shall be no greater than the first floor height.

E.

First Floor Window and Door Transparency. All non-residential first floor street fronting uses shall comply with all applicable standards:

1.

Commercial or retail uses: exterior walls facing a street shall include window and door openings that comprise a minimum of 75 percent of the first floor primary façade area, measured vertically between two and eight feet above the finished grade of fronting public sidewalks and horizontally only where first floor conditioned commercial tenant space occurs along the fronting façade.

2.

Office, hotel, and other non-residential uses: exterior walls facing a street shall include window and door openings that comprise a minimum of 75 percent of the first floor primary façade area, measured vertically between two and eight feet above the finished grade of fronting public sidewalks and horizontally only where first floor conditioned office, hotel, and other non- residential use tenant space occurs along the fronting façade.

3.

First floor conditioned tenant space shall include window and/or door openings spaced no greater than ten feet apart measured horizontally along the street facing primary building façade. Reflective, tinted, or mirrored window glazing that prevents views of interior work areas, sales areas, lobbies, or storefront displays at a minimum five-foot depth from the face of the primary first façade is prohibited.

F.

Storefront Treatment. First floor non-residential building façades shall comply with all applicable standards listed and illustrated in Figure 18.64.070A:

1.

Awnings and Canopies. Awnings or canopies shall not extend horizontally beyond first floor noncommercial use window and door openings. Awning and canopy structural hardware shall not be lower than eight feet above the fronting sidewalk finished grade elevation. Signage or branding graphics of any type are prohibited on the exterior surface of the awning or canopy.

Base Panels. A wood, metal, or masonry base panel shall be provided across the entire width of the storefront window system and between any vertically articulated primary façade projections or recesses. The base panels shall be no greater than 24 inches in height, measured from the bottom of the sill of the window system to the adjacent sidewalk finished grade.

3.

Signage. A projecting or recessed tenant signage horizontal molding band or frieze shall be provided to articulate the top of only buildings with multiple storefronts. All tenant signage shall comply with all applicable requirements of Chapter 18.80 (Signs).

Figure 18.64.070 A

==> picture [384 x 377] intentionally omitted <==

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

18.64.090 - Permits and approvals.

A.

Ministerial Action. The review of and action on the design of multifamily residential development or mixeduse development with a residential component that complies with the provisions of this Chapter is a

ministerial action not subject to further discretionary review or action. The Director has the authority to review applications for completeness and compliance with the provisions of this Chapter.

1.

Ministerial design review shall be administered through the Precise Plan of Design requirements as outlined in Chapter 18.63 (Site and Architectural Review), unless modified herein by this Chapter; and shall not require public notice, public hearing or be subject to any required findings for approval.

2.

Ministerial design review approval by the Director shall determine that the proposed application and plans:

a.

Complies with all applicable design standards of this Chapter.

b.

Complies with all applicable development standards of Title 18 (Zoning) without requiring a minor deviation or variance. If the Director is unable to make the above determination, review of the project design shall be subject to all application types, reviews and procedures as outlined in Chapter 18.63 (Site and Architectural Review).

3.

The Director may, from time to time, provide a summary report as an informational item, to the Planning Commission, of any ministerial design review action on a development proposal subject to the provisions of this Chapter. No action by the Planning Commission shall be required.

B.

Other Application Submittals and Types of Review. The following other types of application submittals and types of review may also apply, subject to the provisions outlined in this Section:

1.

The SB 330 Preliminary Application review process is an additional review by the Director and provides early identification of all standards and requirements applicable to a project. A review under this procedure is subject to all requirements and information and materials listed on the City's SB 330 Preliminary Application. The availability of this type of review shall sunset on January 1, 2025, unless extended by the State legislature. The preliminary application review process is at the option of a project proponent and may only be implemented when all requirements of this Chapter are satisfied, including all timeframes required for submittal of a formal application.

2.

If a development qualifies under the Senate Bill 35 eligibility criteria as outlined in this Section, information and materials as listed on the City's SB 35 Application (Affordable Housing Streamlined Review) shall be submitted for review by the Director to determine eligibility.

3.

The provisions, including any requirement for review, hearing and action for minor deviation as provided in Chapter 18.89 (Minor Deviations), Variance as provided in Chapter 18.86 (Variance), or conditional use permit as provided in Chapter 18.83 shall apply to any multifamily residential development or mixed-use development with a residential component that proposes to deviate from any standard of this Chapter and when it is a requirement established by the proposed commercial use. Such deviation shall null and void any ministerial design review action or eligibility for an affordable housing streamlined review process.

4.

All development shall be required to comply with San Bernardino County Fire (SBCF) standards and requirements. All infill development and tenant improvement projects subject to ODS standards shall be required to submit to SBCF to obtain conditions of approval for the project.

5.

For multifamily development with mixed uses that include restaurants, all clearances with San Bernardino County Health Department shall be obtained.

C.

Building Permit. All development subject to the requirements of this Chapter shall require a building permit, subject to all the standard application, review and processing fees and procedures that apply to building permits generally.

D.

Fees. All development subject to the requirements of this Chapter shall be accompanied by the required application fee. Application fees are established by Council resolution.

E.

Preliminary Application. In compliance with Government Code Section 65941.1, a proponent of a multifamily residential development or mixed-use development with a residential component has the option of submitting a preliminary application subject to all the following requirements:

1.

All of the information listed in City's SB 330 Preliminary Application form and payment of the preliminary application processing fee shall be submitted to the City.

2.

If the City determines that the preliminary application for the development project is incomplete, the project proponent must submit the specific information needed to complete the application within 90 days of receiving the City's written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no

further force or effect, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void.

3.

After submittal of all of the information required, if the project proponent revises the project to change the number of residential units or square footage of construction changes by 20 percent or more, excluding any increase resulting from density bonus law, the development proponent must resubmit the required information so that it reflects the revisions.

4.

The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a complete preliminary application. If the City determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within 90 days of receiving the City's written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and any such ministerial design review approval shall be deemed null and void.

5.

If the applicant revises the project between the preliminary application phase and the formal application phase, such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the project shall not be deemed to have submitted a preliminary application, in satisfaction of State and City requirements, until the project proponent resubmits the required information, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void.

6.

Compliance with all applicable provisions of this Chapter; specifically, the process and timeframes outlined in this Section, shall constitute a ministerial design review approval in conjunction with the preliminary application review if the Director determines that the proposed application and plans:

a.

Complies with all applicable design standards of this Chapter.

b.

Complies with all applicable development standards of Title 18 (Zoning Code) without requiring a minor deviation, variance, or conditional use permit. If the Director is unable to make the above determination, review of the project design shall be subject to all application types, reviews and procedures as outline in Chapter 18.63, Site and Architectural Review. Additional review procedures may be required.

The Director may, from time to time, provide a summary report as an informational item, to the Planning Commission, of SB 330 Preliminary Application reviews and associated ministerial design review action on a development proposal subject to the provisions of this Chapter. No action by the Planning Commission shall be required.

F.

Affordable Housing Streamlined Review Eligibility Criteria. In compliance with Government Code Section 65913.4, also known as Senate Bill 35 (SB 35), a qualifying multifamily housing development project may submit to the Director a request for an affordable housing streamlined approval. The Director will determine if the project is eligible for streamlined approval within 60 days after application submittal for projects of 150 or fewer units, or within 90 days for larger projects. If the Director denies the application as incomplete or ineligible for SB 35, the applicant may revise the project to comply with SB 35 and resubmit the application, subject to the same timeline for review. Once the application is accepted for review under SB 35, the Director will approve or deny the project within 90 days after application submittal for projects of 150 or fewer units, or within 180 days for larger projects. To be eligible for streamlined processing under SB 35, the development project must satisfy all of the following criteria:

1.

The project must be a multifamily housing development that contains at least two residential units and comply with the minimum and maximum residential density range permitted for the site, plus any applicable density bonus.

2.

If more than ten residential units are proposed, at least ten percent of the project's units must be dedicated as affordable to households making below 80 percent of the area median income. If the project will contain subsidized units, the applicant has recorded or is required by law to record, a land use restriction for either a minimum of 55 years for rental type units, or a minimum of 45 years for ownership type units.

3.

The project must be located on a legal parcel or parcels within the incorporated City limits. At least 75 percent of the perimeter of the site must adjoin parcels that are developed with urban uses; which means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered adjoined.

4.

The project must be located on a site that is either zoned or has a General Plan designation allowing for multifamily residential development or mixed-use development with a residential component.

5.

The project must meet all objective design standards in effect at the time the application is submitted.

The project must provide at least one parking space per unit without regard to unit size, number of bedrooms, or guest parking spaces; however, no parking is required if the project meets any of the following criteria:

a.

The project is located within one-half mile of public transit.

b.

The project is located within an architecturally and historically significant historic district.

c.

On-street parking permits are required but not offered to the occupants of the project.

d.

There is a car share vehicle within one block of the development.

7.

The project must be located on a property that is outside each of the following areas:

a.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by the City.

b.

Wetlands, as defined in the United States Fish and Wildlife Service.

c.

A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

d.

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed-uses.

e.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

f.

A flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g.

A floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

h.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

i.

Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

j.

Lands under conservation easement.

k.

A site that would require demolition of housing that is subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very low-income households; subject to rent control; or currently occupied by tenants or that was occupied by tenants within the past ten years.

l.

A site that previously contained housing occupied by tenants that was demolished within the past ten years.

m.

A site that would require demolition of an historic structure that is on a local, State, or Federal register.

n.

A parcel of land or site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act

8.

The project does not involve an application to create separately transferable parcels under the Subdivision Map Act.

9.

The project proponent must certify to at least one of the following:

a.

The entirety of the project is a public work as defined in Government Code Section 65913.4(8)(A)(i).

b.

The project is not in its entirety a public work and all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.

c.

The project includes ten or fewer units, is not a public work and does not require subdivision.

10.

If the project consists of 50 or more units that are not 100 percent subsidized affordable housing, the project proponent must certify that it will use a skilled and trained workforce, as defined in Government Code section 65913.4(8)(B)(ii).

(Ord. No. 348, § 5(Exh. A), 3-28-2023)

Chapter 18.65 - SECOND UNITS AND TWO-UNIT DEVELOPMENTS

The purpose of this Chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

18.65.020 - Ministerial review; standard for denial; courtesy notice.

A.

Notwithstanding any other provision of this Code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this Chapter.

B.

An application for a second unit or a two-unit development shall be reviewed by the Planning Director through the administrative site and architectural review process, as described in Chapter 18.63, and the decision may be appealed in accordance with Subsection 18.63.020(C).

C.

Notwithstanding Subsection A, the City may deny an application for a second unit or two-unit development if the Building Official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in Subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D.

At least seven days prior to making a determination on an application for a second unit or two-unit development, the Planning Director shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

18.65.030 - General requirements.

Proposed second units and two-unit developments:

A.

Shall be located in the RH, R1-20, R1-10, or R1-7.2 zoning district;

B.

Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K):

1.

Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure;

Wetlands;

3.

Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures;

4.

A hazardous waste site that has not been cleared for residential use;

5.

Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards;

6.

Within a special flood hazard area subject to inundation by a 100-year flood, unless:

a.

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the City; or

b.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program;

7.

Within a regulatory floodway, unless the development has received a no-rise certification;

8.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

9.

Habitat for protected species; or

10.

Land under a conservation easement;

C.

Shall not require or allow the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

Housing that has been occupied by a tenant in the last three years;

D.

Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years;

E.

Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and

F.

Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:

A.

Configuration. A second unit may be attached to or detached from the other primary dwelling unit on the parcel, subject to Subsections C and D of Section 18.65.030. Subject to the requirements of this Chapter, a second unit may be added to a parcel either by:

1.

The construction of a new residential dwelling unit;

2.

The conversion of an existing structure into a residential dwelling unit; or

3.

The bifurcation of an existing residential dwelling unit into two separate residential dwelling units.

B.

Size. A second unit, and both of the units in a two-unit development, are subject to the following size limitations:

1.

There is no maximum size limit.

2.

Second units and both units in a two-unit development shall comply with setback requirements, the minimum separation between detached units in Subsection (E), the open space requirements and maximum lot coverage requirements applicable to the parcel on which each unit is located, and all other development standards in this Section 18.65.040.

3.

A second unit shall not be larger than an existing primary unit on the same lot.

4.

Notwithstanding Subsections (B)(2) and (B)(3), and with the exception of the side and rear setback requirements, the City will not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area.

C.

Height. A second unit, and both of the units in a two-unit development, are limited to two stories, or to one story if built on top of a one-story structure.

D.

Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least four feet from the side and rear lot lines.

E.

Separation Between Detached Units. There shall be at least 15 feet of separation between the walls of second units, and each unit of a two unit development, and walls of other detached structures on the same

parcel.

F.

Parking.

1.

One new on-site off-street parking space is required for a second unit and one new on-site off-street parking space per unit is required for each unit of a two-unit development. Such parking spaces shall be in addition to all existing parking spaces on the parcel.

2.

Notwithstanding Subsection F.1, no parking spaces are required for a second unit or a two-unit development if either:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b.

There is a car share vehicle located within one block of the parcel.

G.

Wastewater; Water Service.

1.

Sewer. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, the City Engineer shall inspect existing sewer lines and determine the sewer capacity limits. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, and/or other objective sewer or septic system requirements in local or state law, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

2.

Septic System.

a.

If a parcel relies on an onsite wastewater treatment system, and it is within 200 feet of an existing sewer system, then all existing and proposed units on the parcel shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development.

b.

If the City determines that the second unit would exceed the current capacity of the onsite wastewater system or result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City waste disposal system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

c.

If a proposed second unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then all existing and proposed units on the parcel shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. If such disconnection and connection is not possible, or would require off-site improvements, then the Building Official, or designee, shall consider whether such circumstances are grounds for denial of the proposed project pursuant to Subsection 18.65.020.C.

3.

A second unit, and both of the units in a two-unit development, shall each have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s).

H.

Separate Entrances; Pathway. A second unit, and both of the units in a two-unit development, shall each have a separate entrance. Furthermore, each second unit, and each units in a two-unit development, shall have an unobstructed pathway, constructed of impermeable materials, leading up to its main entrance, sufficient to provide access to the unit by public safety personnel and the resident of the unit.

I.

Unobstructed Area Adjacent to Unit. There shall be at least four feet of unobstructed space adjacent to each exterior wall of a second unit and each unit of a two-unit development in order to ensure that the unit is accessible by public safety personnel. This space shall remain unobstructed at all times.

J.

Additional Development Standards. Except as provided in Subsections A through I, second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A.

This Chapter does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this Subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling units.

B.

Notwithstanding any other provision in this Chapter, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A.

Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

B.

The architectural design and detailing, roof material, roof pitch, exterior color, and finish materials of a second unit shall be the same as those of the primary dwelling unit, except that a flat roof shall not be permitted even if all or a portion of the roof on the primary dwelling is flat. Both units of a two-unit development shall have the same roof material, roof pitch, exterior color, and finish materials. The roof shall have a minimum 16-inch overhang, except that the outermost edge of the roof shall be at least three feet from any side or rear lot line.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

18.65.070 - Rental term; rental property program compliance; separate conveyance.

A.

Second units and both units in a two-unit development shall not be rented for a term of less than 31 consecutive days.

B.

Unless the owner of the property provides the City with an annual certification that a unit is owneroccupied, second units and both units in a two-unit development shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-Owner Occupied/Rental Property Program).

C.

A second primary unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a two-unit development may not be turned into condominiums or otherwise sold separately from one another.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second unit or two-unit development, the property owner shall execute a deed restriction, in a form approved by the City Attorney, which shall be recorded on the property, at the property owner's cost, and shall require that the second unit or two-unit development only be used and developed in accordance with the requirements in this Chapter. Violation of the deed restriction shall be considered a violation of this Code and may be enforced in a manner that this Code may be enforced.

(Ord. No. 338, § 16, 5-24-2022)

As a condition of receiving a certificate of occupancy for a second unit or two-unit development, the applicant shall pay development impact fees in an amount established by City Council resolution.

(Ord. No. 338, § 16, 5-24-2022)

Chapter 18.66 - MANUFACTURED HOMES AND COMMERCIAL UNITS[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 264, § 21, adopted June 12, 2012, amended Chapter 18.66 in its entirety to read as herein set out. Formerly, Chapter 18.66, §§ 18.66.010—18.66.130 pertained to manufactured units, and derived from Ord. No. 126, § 2(Exh. A(part)), adopted in 1990, and Ord. No. 138, § 1(part), adopted in 1992.

The purpose of this Chapter is to establish regulations for the placement of manufactured homes in districts zoned for residential development and commercial modular units in districts zoned for manufacturing or industrial development and to designate certain areas where the placement of such units is compatible with surrounding residential and commercial properties.

(Ord. No. 264, § 21, 6-12-2012)

A.

"Manufactured home" means a mobile home or manufactured house certified by the Department of Housing and Urban Development (HUD) and constructed in full compliance with the National Mobile Home construction and Safety Standards Act intended for occupancy by a single-family installed on a permanent foundation in conformance with applicable zoning regulations.

B.

"Commercial modular unit" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit.

(Ord. No. 264, § 21, 6-12-2012)

18.66.030 - Permitted locations.

A.

Manufactured homes are a permitted use, as a single-family dwelling in the R1, R2 and R3 zoning districts, and within a permitted mobile home park.

B.

Commercial modular units are a conditionally permitted use in the MR-Restricted Manufacturing (MR) district and M2-Industrial (M2) district as a business office, and prohibited in all other zones.

(Ord. No. 264, § 21, 6-12-2012)

18.66.040 - Site development standards.

A.

Site development standards for manufactured homes and modular units shall comply with the standards of the underlying zone district, and other applicable provisions of the Zoning Code.

B.

The age of the manufactured home or modular unit at the time of installation shall be ten years or less.

C.

A manufactured home or modular unit shall be installed on a permanent foundation.

(Ord. No. 264, § 21, 6-12-2012)

Prior to the installation of a manufactured home or modular unit, all requisite certifications shall be submitted to the Director of Building and Safety in conjunction with the application for a building permit.

(Ord. No. 264, § 21, 6-12-2012)

A building permit issued by the Director of Building and Safety is required for the placement of a manufactured home or modular unit.

(Ord. No. 264, § 21, 6-12-2012)

18.66.070 - Exterior surface.

A.

Manufactured housing shall be architecturally treated with an exterior non-reflective surface material customarily used on conventional housing and shall extend from the eave line to the foundation, and shall be architecturally designed to be compatible with the surrounding area.

B.

Commercial modular units shall be architecturally treated with an exterior non-reflective surface material customarily used on commercial structures and shall extend from the eave line to the foundation, and shall be architecturally designed to be compatible with surrounding commercial and/or industrial structures.

(Ord. No. 264, § 21, 6-12-2012)

All roof designs for manufactured homes shall include:

A.

A minimum 16-inch overhang;

B.

A minimum pitch of not less than two inches vertical rise for each 12 inches of horizontal run;

C.

Roofing materials of a type customarily used for conventional single-family dwellings.

(Ord. No. 264, § 21, 6-12-2012)

18.66.090 - Off-street parking.

The provisions of Chapter 18.60 (Off-Street Parking) shall apply.

(Ord. No. 264, § 21, 6-12-2012)

Mechanical equipment shall be located so as to not be visible from a public street or adjoining property.

(Ord. No. 264, § 21, 6-12-2012)

18.66.110 - Site and architectural review.

A.

Manufactured homes shall be subject to the applicable provisions of Chapter 18.63 (Site and Architectural Review).

B.

In addition to Chapter 18.63 (Site and Architectural Review), commercial modular units shall be subject to Chapter 18.83 (Conditional Use Permit).

(Ord. No. 264, § 21, 6-12-2012)

The placement and occupancy of manufactured homes or modular units shall be subject to the provisions of this Title and all other applicable State and local codes.

(Ord. No. 264, § 21, 6-12-2012)

Chapter 18.67 - ROOMING AND BOARDING HOUSE

Sections:

Rooming and boarding houses (including parolee-probationer homes and sober living homes) as defined in Section 18.06.675 of this Title, may be established only upon approval of a conditional use permit for six or fewer occupants, and shall be prohibited for more than six occupants subject to the following standards:

A.

Conditional Use Permit Required. It shall be unlawful in all zones of the City to operate a rooming and boarding house, a parolee-probationer home and/or sober living home without first having obtained a conditional use permit.

B.

Filing Requirements. The application for a conditional use permit for a rooming and boarding house, parolee-probationer home or sober living home shall include the following information:

1.

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

2.

Maximum number of occupants including support staff;

3.

Proposed maximum stay for each resident, parolee-probationer or occupant;

Support services to be provided on-site and projected staffing level, if any;

5.

Site plan and floor plans; and

6.

Rules of conduct and business management plan.

C.

Site Location Criteria. In evaluating a proposed rooming and boarding house, parolee-probationer home or sober living home, the following criteria shall be considered:

1.

Compatibility of the use with neighboring uses;

2.

Establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;

3.

The facility shall be located along or near a collector or arterial street with reasonable access to public transportation;

4.

The facility shall be accessible to necessary support services; and

5.

In the case of the sober living and parolee-probationer home, it shall not be located within 1,000 feet of a public or private school (pre-school through 12th grade), student housing, senior housing, child care facilities, public parks and trails or businesses licensed for on-or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the home to the nearest property line of the noted use.

D.

Development Standards. Any rooming and boarding house, parolee-probationer home or sober living home shall comply with the following:

1.

The facility shall be compatible with the character of the surrounding neighborhood;

2.

Sufficient on-site parking shall be provided. The precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal;

3.

Both indoor and outdoor open areas shall be provided on site;

4.

All setback standards of the underlying zone shall be met;

5.

Signs as permitted in Chapter 18.80;

6.

On-site staff supervision shall be required for parolee-probationer homes and sober living homes during all hours of operation;

7.

Individual client stays at parolee-probationer homes and sober living homes shall not exceed 180 days; and

8.

The facility's management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the City and as required under the conditional use permit. If the program offers certification then that certification shall be obtained and maintained in current status.

(Ord. No. 237, § 5, 5-27-2008)

Notification of the conditional use permit public hearing shall be done in accordance with Chapter 18.83 of this Title.

(Ord. No. 237, § 5, 5-27-2008)

Any existing rooming and boarding house, parolee-probationer home or sober living home must comply with these requirements, submitting for the required conditional use permit within 60 days of the effective date of this Chapter and completing the conditional use permit within 180 days of the effective date of this Chapter. A filing extension may be granted by the Planning Director when it is verified that good faith efforts to budget and/or secure funds are made, financial hardship exists, and a favorable recommendation is obtained from the Department. The Police Department recommendation is based upon a review of calls for service and criminal history at the parolee-probationer home or sober living home for the previous 12 months. The Planning Director may exempt an existing use from obtaining the required CUP. This

Subsection shall sunset and no longer be effective on the date that is two years after the effective date of this Chapter.

(Ord. No. 237, § 5, 5-27-2008)

Any change in operating conditions from what was originally approved and imposed by the City, including, but not limited to, the number of occupants, residents or parolees-probationers, or any modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.

(Ord. No. 237, § 5, 5-27-2008)

An existing rooming and boarding house, parolee-probationer home or sober living home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum 30-day closure required to perform necessary repairs or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a rooming and boarding house, parolee-probationer home or sober living home shall be required to first obtain a new conditional use permit.

(Ord. No. 237, § 5, 5-27-2008)

Chapter 18.68 - REASONABLE ACCOMMODATIONS

It is the purpose of this Chapter, in compliance with the fair housing laws, to provide a procedure to evaluate requests for reasonable accommodation related to specific applications of the zoning code to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. The ordinance codified in this Article establishes a procedure for making requests for reasonable accommodation in land use and zoning regulations, policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws.

(Ord. No. 264, § 22, 6-12-2012)

A.

The following words and phrases, whenever used in this Chapter, shall have the following meanings:

1.

Applicant: The person, business, or organization which has applied to the City for a reasonable accommodation pursuant to this Chapter.

Dwelling occupant: The person who will occupy the subject property and who is protected under the fair housing laws.

3.

Fair Housing Laws: Section 42 United States Code Section 3604(f)(3)(B) and California Government Code Sections 12927(C)(1) and 12955.1, as those provisions now exist and as they may be amended from time to time.

4.

Disabled or handicapped person: Any person who has a physical or mental impairment that substantially limits one or more major life activities, or any person having a record of such an impairment, but such term does not include current, illegal use of, or an addiction to, a controlled substance.

(Ord. No. 264, § 22, 6-12-2012)

A.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

B.

An individual with a disability is someone who has a physical or mental impairment that substantially limits one or more of such person's major life activities, as furthered defined and amended in the Fair Employment and Housing Act (FEHA) of California Government Code Sections 12926(i)(1), (2), and 12926(k) (1), (2).

C.

A request for reasonable accommodation may be made by any person with a disability, his or her representative, or an entity, developer or provider of housing for individuals with disabilities, when the application of a land use or zoning regulation, policy, practice or procedure acts as a barrier to housing opportunities.

D.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This Chapter is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in this Chapter

shall require the City to waive or reduce development fees associated with the granting of a reasonable accommodation request.

(Ord. No. 264, § 22, 6-12-2012)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community and Economic Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community and Economic Development Department.

(Ord. No. 264, § 22, 6-12-2012)

Any person with a disability may submit an application for reasonable accommodation by submitting a land use application to the City's Community and Economic Development Director, or his or her designee, on a form provided by the City, along with applicable filing fee.

(Ord. No. 264, § 22, 6-12-2012)

A.

In addition to the materials and information included in the land use application, the following information shall also be provided with the application:

1.

The specific zoning code, law, regulation, procedure or policy of the City from which relief is sought;

2.

An explanation of why the specified zoning code, law, regulation, procedure or policy is preventing, or will prevent, the applicant's use and enjoyment of the subject property;

3.

The nature of the accommodation requested;

4.

The basis for the claim that the fair housing laws consider the applicant as protected (applicant should submit a letter from a medical doctor, handicap license, or other similar supportive evidence).

B.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan

amendment, zoning change, annexation, etc.), then the applicant shall file the information required by this Section together for concurrent review with the application for discretionary approval, and in which case the applicant shall only pay the required fee for the discretionary approval.

C.

Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

E.

If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

(Ord. No. 264, § 22, 6-12-2012)

A.

The Community and Economic Development Director shall route a copy of the application, plans, and materials to applicable reviewing agencies, and shall review the application for acceptance.

B.

Notice of the filing of an application for reasonable accommodation shall be mailed to all adjacent property owners of the property which is the subject of the application requesting comments within ten days of the mailed notice date.

C.

The notice shall set forth the address of the subject property, the specific zoning code, law, regulation, procedure or policy from which relief is being requested, and the nature of the accommodation requested. The notice shall also inform surrounding property owners that they may contact the City's Community and Economic Development Director, or his or her designee, in order to request written notice of any decisions made, or hearings scheduled, regarding the application.

(Ord. No. 264, § 22, 6-12-2012)

18.68.080 - Approval requirements.

A.

The Community and Economic Development Director shall have the authority to consider and act on any application for a reasonable accommodation, and may deny, approve or conditionally approve the request in accordance with the required findings set forth in Section 18.68.090, and shall issue a written determination within 30 days of the date of receipt of a completed application.

B.

The Community and Economic Development Director may also refer the request for reasonable accommodation, in his or her sole discretion, to the Planning Commission. Such referrals, if made, shall occur within 15 days after the Community and Economic Development Director's receipt of a complete application. In which case, the Planning Commission shall render a decision on the application in the same manner as it considers an appeal. The written determination shall be made in accordance with the required findings set forth in Section 18.68.090.

C.

If necessary to reach a determination on the request for reasonable accommodation, the Community and Economic Development Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

D.

A request for reasonable accommodation submitted for concurrent review with another discretionary application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the applicable reviewing authority in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 18.68.090 of this Chapter.

E.

A reasonable accommodation that is granted pursuant to this Chapter shall not require the approval of any variance as the reasonable accommodation.

F.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:

1.

That the reasonable accommodation shall only be applicable to particular individual(s);

2.

That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or

3.

That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the City.

4.

That any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

(Ord. No. 264, § 22, 6-12-2012)

A.

Approval shall be based upon the following findings, which shall be made by the by the approval authority in approving or denying the application:

1.

The person who will use the subject property is protected under the fair housing laws;

2.

The requested exception to the zoning code, law, regulation, procedure or policy is necessary to make specific housing available to persons occupying the subject property;

3.

The requested accommodation will not impose an undue financial or administrative burden on the City; and

4.

The requested accommodation will not require a fundamental alteration of the City's zoning laws, policies and/or procedures.

5.

That alternative reasonable accommodations which may provide an equivalent level of benefit have been considered, and are not feasible.

(Ord. No. 264, § 22, 6-12-2012)

18.68.100 - Appeals.

A.

Within ten days of the date of the Community and Economic Development Director's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing and submitted to the Community and Economic Development Department.

B.

All appeals shall contain a statement of the grounds for the appeal. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

C.

The Planning Commission shall hold a public hearing on the appeal. Notice of the public hearing shall be provided in accordance with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). The decision of the Planning Commission shall be final. A written decision of the Planning Commission or Accessibility Standards Board of Appeals shall be mailed to the appealing party within ten days of the appeal hearing.

D.

If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. No. 264, § 22, 6-12-2012)

A.

The approval of a reasonable accommodation request shall expire one year from the date of its approval, unless one of the following occurs:

1.

The occupancy, use or construction authorized by the decision has been inaugurated. For the purposes of this Section, the term "inaugurated" shall mean that applicable grading and building permits have been issued, and that substantial work has been performed and substantial liabilities have been incurred in good faith reliance on such permits.

2.

The applicant has complied with all applicable conditions of approval.

B.

In case the applicant is not able to comply with subparagraphs 1. or 2. above, then the applicant may apply to the Community and Economic Development Department for an extension, a minimum of 30 days prior to the expiration date. The Director may, upon application by the applicant, extend the period of approval for a length of time of up to one additional year.

(Ord. No. 264, § 22, 6-12-2012)

Chapter 18.69 - ACCESSORY DWELLING UNITS[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 339, § 6, adopted May 24, 2022, repealed and reenacted Chapter 18.69 in its entirety to read as herein set out. Formerly, Chapter 18.69, §§ 18.69.010—18.69.060 pertained to similar subject matter, and derived from Ord. No. 303, § 4, adopted May 9, 2017.

This Chapter is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions.

(Ord. No. 339, § 6, 5-24-2022)

18.69.020 - Definitions.

For purpose of this Chapter, the following terms shall be defined as follows:

A.

"Multifamily dwelling" means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling.

B.

"Single-family dwelling" means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.

(Ord. No. 339, § 6, 5-24-2022)

18.69.030 - Review process; certificate of occupancy.

A.

Applications for accessory dwelling units and junior accessory dwelling units pursuant to this Chapter shall be processed ministerially, without discretionary review or a hearing, through the administrative site and architectural review process, as described in Chapter 18.63, within 60 days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the 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 application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory

dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

B.

A certificate of occupancy for an accessory dwelling unit shall not be issued before the City issues a certificate of occupancy for the primary dwelling.

(Ord. No. 339, § 6, 5-24-2022)

Accessory dwelling units and junior accessory dwelling units do not exceed the allowable density for the parcel on which they are located, and are a residential use consistent with the general plan and zoning designation of the parcel on which they are located.

(Ord. No. 339, § 6, 5-24-2022)

18.69.050 - General requirements.

A.

Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any lot. Notwithstanding any other provision in this Chapter, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060. Unless specified below, only one category may be used per lot.

1.

ADU or JADU within Proposed or Existing Single-family Dwelling or Accessory Structure. One accessory dwelling unit and one junior accessory dwelling unit are permitted on a lot with one or more proposed or existing single-family dwellings, if either:

a.

The accessory dwelling unit or junior accessory dwelling unit is proposed within the space of a proposed or existing single-unit dwelling (including an attached garage); or

b.

The accessory dwelling unit is proposed within the space of an existing accessory structure, plus an addition beyond the physical dimensions of the accessory structure of up to 150 square feet for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit.

2.

Detached/Attached ADU on Lot with Single-Unit Dwelling. One detached or one attached, newconstruction accessory dwelling unit is permitted on a lot with one or more proposed or existing single-

family dwellings. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in Subsection A.1. of this Section.

3.

Conversion of Existing Multifamily Dwelling. Multiple accessory dwelling units are permitted on lots with existing multifamily dwellings subject to the following:

a.

The amount of accessory dwelling units allowed within a multifamily dwelling shall be equal to 25 percent of the number of units in the multifamily dwelling; provided, that fractional units shall be rounded down, and at least one accessory dwelling unit shall be allowed in each multifamily dwelling structure. For example, one accessory dwelling unit is allowed in a multifamily dwelling structure with seven or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to 11 units; and three accessory dwelling units are allowed in a multifamily dwelling structure with 12 units; and

b.

An accessory dwelling unit located within a multifamily dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings. Amenities within common areas such as recreation rooms, outdoor space or any space previously designed to meet common area requirements shall not be converted to accessory dwelling units.

4.

Detached ADU on Multifamily Lot. Up to two detached, new-construction accessory dwelling units are permitted on a lot that has an existing multifamily dwelling.

B.

Required Facilities.

1.

Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.

2.

Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen, as defined in Government Code Section 65852.22(a), as may be amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.

C.

Separate Entrances; Pathway.

Junior accessory dwelling units and accessory dwelling units located within or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence.

2.

Each accessory dwelling unit and junior accessory dwelling unit shall have an unobstructed pathway, constructed of impermeable materials, leading up to its main entrance, sufficient to provide access to the unit by public safety personnel and the resident of the unit. However, the pathway is not required to extend from the unit all the way to the street.

D.

Development Standards. Accessory dwelling unit and junior accessory dwelling units shall comply with the following standards:

1.

Size.

a.

Accessory dwelling units and junior accessory dwelling units shall be no smaller than an efficiency unit, as defined in Health and Safety Code Section 17958.1.

b.

Junior accessory dwelling units shall be no larger than 500 square feet.

c.

The size of an accessory dwelling unit shall be limited as follows:

(i)

There is no limit on the size of any accessory dwelling unit that is located within a proposed or existing single-family dwelling or accessory structure, as described in Subsection A.1.

(ii)

There is no limit on the size of an accessory dwelling unit that is attached to or detached from a primary unit, except that attached and detached accessory dwelling units shall not be larger than the primary unit, and detached and attached accessory dwelling units shall comply with setback requirements, the required distance between units in Subsection D.4., and the open space requirements and maximum lot coverage requirements applicable to the parcel on which the unit is located.

(iii)

Notwithstanding Subsection D.1.(c)(ii), if the required distance between units in Subsection D.4., the open space requirements, and/or the maximum lot coverage requirements would prevent an attached or

detached accessory dwelling unit from being at least 800 square feet, or if the primary unit is less than 800 square feet, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to 800 square feet, provided that the unit shall comply will all other development standards, including but not limited to setback requirements.

2.

Height. Accessory dwelling units are limited to two stories, or to one story if built on top of a one-story structure.

3.

Setbacks.

a.

The front setback for an accessory dwelling unit shall be the same as for the primary unit on the property.

b.

The side and rear setbacks for an accessory dwelling unit shall be four feet minimum.

c.

Notwithstanding Subsections a. and b., no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure; where:

(i)

The existing structure is permitted; and

(ii)

The conversion or new construction will have the same dimensions as the existing structure.

4.

Separation Between Units. Detached accessory dwelling units shall have a minimum wall separation from the primary unit(s) of 15 feet.

5.

Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.

6.

Unobstructed Space Surrounding Unit. There shall be at least four feet of unobstructed space adjacent to each exterior wall of an accessory dwelling unit in order to ensure that the unit is accessible by public safety personnel. This space shall remain unobstructed at all times.

7.

Nonconforming Conditions. Notwithstanding any other provision of this Code, approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property.

8.

Compliance with Other Codes. Accessory dwelling units and junior accessory dwelling units must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permit for the accessory dwelling unit or junior accessory dwelling unit is issued.

9.

Utilities.

a.

The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home.

b.

Except as provided in Subsection a., accessory dwelling units and junior accessory dwelling units shall have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s).

10.

Wastewater Service.

a.

Sewer:

(1)

Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the City Engineer shall inspect existing sewer lines and determine sewer capacity limits. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code and/or other objective sewer or septic system requirements in local or state law, or exceed the existing sewer capacity, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

b.

Septic System:

(1)

If a parcel relies on an onsite wastewater treatment system and the primary unit or second unit is within 200 feet of an existing sewer system, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development unless the City determines that there are conditions precluding attachment.

(2)

If the parcel relies on an onsite wastewater treatment system, the City may, if applicable, require documentation of a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years.

(3)

If the City determines that the addition of a new unit or units would exceed the current capacity of the onsite wastewater system or result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City waste disposal system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

(4)

If a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development.

11.

Manufactured Homes. If a manufactured home is used as an accessory dwelling unit, it shall comply with the following requirements:

a.

It shall be no more than ten years old on the day it is installed on the property.

b.

It shall be installed on a permanent foundation.

c.

It must meet the design standards in Subsection 18.69.060(B).

Address. Accessory dwelling units and junior accessory dwelling units shall have their own address, which shall be the address of the primary unit with the addition of a letter (A, B, C, etc.).

13.

Other Development Standards. Except as provided in this Section, accessory dwelling units and junior accessory dwelling units shall comply with all development standards applicable to the primary residence on the same lot.

(Ord. No. 339, § 6, 5-24-2022)

A.

The architectural design and detailing, roof material, roof pitch, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling, except that a flat roof shall not be permitted even if all or a portion of the roof on the primary dwelling is flat.

B.

The roof shall have a minimum 16-inch overhang.

C.

If a manufactured home is used as an accessory dwelling unit, it shall comply with the following design requirements:

1.

It shall comply with the design requirements in Subsection A., except that if materials matching the primary dwelling are not commercially available for a manufactured home, then finish materials shall be the same color as the finish materials on the primary dwelling; and

2.

Mechanical equipment associated with the manufactured home shall be located so as to not be visible from a public street or adjoining property.

(Ord. No. 339, § 6, 5-24-2022)

A.

One new parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in Subsection C. The new parking space(s) shall be located on the same lot where the accessory dwelling unit is located, shall not be on the street, and shall be in addition to all existing parking spaces on the lot.

B.

No additional parking spaces are required for a junior accessory dwelling unit.

C.

Notwithstanding Subsection A, no additional parking is required for accessory dwelling units in the following circumstances:

1.

The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j), as may be amended.

2.

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

3.

The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.

4.

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

5.

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

D.

Off-street parking may be provided in setback areas in locations determined by the Planning and Development Services Department or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.

E.

Off-street parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit. However, off-street parking spaces shall be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a junior accessory dwelling unit or is converted to a junior accessory dwelling unit.

F.

All parking design standards in Chapter 18.60 shall apply unless they conflict within this Chapter, in which case this Chapter shall govern.

(Ord. No. 339, § 6, 5-24-2022)

18.69.080 - Sale and rental of units; rental property program compliance.

A.

Except as provided in Government Code Section 65852.26, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.

B.

An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than 31 consecutive days.

C.

Unless the owner of the property provides the City with an annual certification that a unit is owneroccupied, accessory dwelling units and junior accessory dwelling units shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-owner occupied/rental property program).

(Ord. No. 339, § 6, 5-24-2022)

The approval of a junior accessory dwelling unit shall be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the City on the property where the unit is, or will be, located. The covenant shall be approved by the City Attorney and the Building Official. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:

A.

A prohibition on the sale of the unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.

B.

A restriction on the size and attributes of the unit that conforms to Government Code Section 65852.22, including the owner-occupancy requirement in Section 18.69.100.

(Ord. No. 339, § 6, 5-24-2022)

18.69.100 - Owner occupancy—Junior accessory dwelling unit.

The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.

(Ord. No. 339, § 6, 5-24-2022)

No impact fee shall be imposed for an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this Section, "impact fee" has the meaning given in Government Code Section 65852.2(f)(3)(b).

(Ord. No. 339, § 6, 5-24-2022)

Chapter 18.70 - ADULT BUSINESS REGULATIONS[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 270, § 8, adopted August 13, 2013, repealed and reenacted Chapter 18.70 in its entirety to read as herein set out. Formerly, Chapter 18.70, §§ 18.70.002—18.70.042 pertained to similar subject matter, and derived from Ord. No. 153, § 2(part), adopted in 1995, and Ord. No. 174, § 1, adopted in 1997.

It is the purpose and intent of this Chapter to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights associated with such businesses. It is, therefore, the purpose of this Chapter to establish reasonable standards for the permitting and regulating of adult businesses.

(Ord. No. 270, § 8, 8-13-2013)

A.

"Adult arcade" shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

B.

"Adult booth/individual viewing area" shall mean a partitioned or partially enclosed portion of an adult business used for any of the following purposes:

1.

Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;" or

2.

Where "adult arcade devices" are located.

C.

"Adult business" shall mean:

1.

A business establishment or concern that as a regular and substantial course of conduct sells or distributes "adult oriented material" or "sexually oriented merchandise", or which offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical parts," but not including those uses or activities which are preempted by State law;

2.

Any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult model studio, adult arcade, adult retail store, adult cabaret, adult motel or hotel, adult modeling/photography studio, adult motion picture theater, sex club, sexual encounter center, any business providing adult live entertainment, et cetera; or

3.

Signs, advertisements or an establishment name including verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult," "XXX" or similar terms, shall be considered evidence that the establishment holds itself out to the public as a sexually oriented business.

D.

"Adult cabaret" shall mean a business establishment (whether or not serving alcoholic beverages) that as a regular and substantial course of conduct features "adult live entertainment," persons who appear in a state of nudity or semi-nude condition, or which holds itself out to the public where adult live entertainment is available.

E.

"Adult cabaret dancer" shall mean any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration,

performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." "Adult cabaret dancer" does not include a patron.

F.

"Adult hotel/motel" shall mean a "hotel" or "motel" (as defined in the Zoning Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in any 24-hour period.

G.

"Adult live entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer or adult cabaret dancer exposes to public view, without opaque covering, "specified anatomical areas"; and/or (2) the performance or physical human body activity that depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

H.

"Adult modeling/photography studio" shall mean a business establishment where a live person who appears seminude, in a state of nudity, or who displays specified anatomical areas is provided to be observed, sketched, drawn, photographed, filmed, painted, sculpted, or otherwise similarly depicted by other persons, whether or not paying for such services. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California, or that of an individual artist studio established solely for conduct of the artist.

I.

"Adult motion picture theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

J.

"Adult oriented material" shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing

" shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing

or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merchandise."

K.

"Adult retail store" shall mean a business establishment having as a regular and substantial portion of its stock in trade, "adult oriented material" for sale or rent. Includes a bookstore, video store or store selling adult novelty items.

L.

"Establishment of an adult business" shall mean any of the following:

1.

The opening or commencement of any "adult business" (as defined above) as a new business;

2.

The conversion of an existing business, whether or not an "adult business," to any "adult business;"

3.

The addition of any "adult business" to any other existing "adult business;"

4.

The relocation of any "adult business;" or

5.

Physical changes that expand the square footage of an existing "adult business" by more than ten percent.

M.

"Licensee" or "license holder" shall mean a person in whose name a license to operate an adult business has been issued, as well as the person listed as an applicant on an application for a license; and in the case of a performer or manager, a person in whose name a performer or manager's license has been issued authorizing employment in an adult oriented business.

N.

"Manager" shall mean any person designated by the owner or operator of an adult oriented business to be responsible for the operation of such business at a particular location at a particular time.

O.

"Nudity" or "state of nudity" shall mean the showing of the human male or female genitals, pubic area, anus, or buttocks with less than a fully opaque fabric covering; the showing of the female breast with less than a fully opaque fabric covering of any part of the areola; or the showing of completely or opaquely covered, by fabric, male genitals in a discernibly turgid state.

P.

"Owner" shall mean any of the following: (1) the sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) the owner of a controlling interest in a corporation or L.L.C. that owns and operates an adult business; or (4) the person designated by the officers of a corporation or the members of an L.L.C. to be the license holder for an adult business owned and operated by the corporation.

Q.

"Performer" shall mean a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment or models for patrons of an "adult business".

R.

"Regular and substantial course of conduct" and "regular and substantial portion of its business" means any adult business where one or more of the following conditions exist:

1.

The business devotes more than 15 percent or 100 square feet of the retail floor area, whichever is less, to adult oriented material; or

2.

The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public dressed only in lingerie; or

3.

At least 25 percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

S.

"Religious facility" shall mean a permanent facility exclusively used on a regular basis for religious assembly, such as customarily occurs in a synagogue, temple, mosque, or church, or convent, or monastery.

T.

"School" shall mean any child care facility or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of

education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university

U.

"Semi-nude" or in a "semi-nude condition" shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola or nipple of the female breast. This definition includes the entire lower portion of the human female breast.

V.

"Sex club" shall mean any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club that permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a 20-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this Section, a "public or semipublic portion of an establishment" shall mean any portion of the establishment in which licensees, invitees, visitors or guests of the establishment or its members are permitted access and which is let, leased or rented more than once in a 20-hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, a "sex club" is also any place which represents itself to any person or group of persons as a place for persons to engage in specified sexual activities.

W.

"Sexual encounter center" shall mean a business or enterprise that offers for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons, when one or more of the persons is in a state of nudity or semi-nudity.

X.

"Sexually oriented merchandise" shall mean:

1.

Sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or

2.

Lingerie presented in combination with other merchandise contained within this definition or the definition of adult oriented material; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; or condoms or sexual lubricants presented in combination with other merchandise contained within this definition or the definition of adult oriented material.

Y.

"Specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:

a.

Genitals, pubic region;

b.

Buttocks, anus; or

c.

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

2.

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

Z.

"Specified criminal activity" shall mean any of the following offenses:

1.

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance involving a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; state penal code; or any similar offenses to those described in this Subsection under the criminal or penal code of other states or countries;

2.

For which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense;

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

3.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

AA.

"Specified sexual activities" shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

(Ord. No. 270, § 8, 8-13-2013)

A.

Each adult business must, prior to establishment of such business, first apply for and receive a conditional use permit.

B.

Issuance, modification and/or revocation of a conditional use permit shall be in accordance with Chapter 18.83 of this Title.

(Ord. No. 270, § 8, 8-13-2013)

No building, premises, structure or other facility shall be permitted to contain more than one type of adult business as such types of adult business are defined in Section 18.70.020 of this Chapter. For the purposes of this Section, the catch-all phrase "adult business" shall not be considered a single type of adult business.

(Ord. No. 270, § 8, 8-13-2013)

18.70.050 - Location requirements and measurement of distances.

A.

There is created a classification known as the adult business (AB) overlay zone. The zoning map identifying the adult business (AB) overlay zone is attached to the ordinance codified in this Chapter as Exhibit A and is on file in the office of the City Clerk. The regulations set forth in this chapter shall apply in all zones, in addition to other applicable regulations set forth in this Chapter and other applicable portions of this Code; provided, however, that if any of the regulations specified in this Chapter differ from any of the corresponding regulations specified in this Title, or other ordinances for any zone or area which is combined with the AB overlay zone, then in such case the provisions of this Chapter shall govern as to matters pertaining to planning and zoning. Subject to the foregoing, adult businesses shall be permitted in all areas designated as being located in the AB overlay zone, provided that each adult business must comply with all applicable regulations of other zoning use designations with which the AB overlay zone is combined.

B.

Separation Standards. A permitted adult business shall maintain the following spatial requirements:

1.

No adult business shall be located closer than 500 feet from any park, school, church, or day care center; and

2.

No adult business shall be located closer than 1,000 feet from a residential zone district; and

3.

No adult business shall be located within 1,000 feet of another adult business; and

C.

Measurement. Where one use is required to be separated from another use, measurements shall be made in accordance with the following:

The required separation distance shall be measured in a straight line from the nearest point of the structure containing the adult business to the nearest property line of the land uses identified in Subsection 18.70.050(B).

2.

If the adult business is located in a multi-tenant building, then the distance shall be measured in a straight line from the nearest point of the portion of the building occupied by the adult business to the nearest property line occupied by the land uses identified in Subsection 18.70.050(B).

3.

The required distance separation from uses identified in Subsection 18.70.050(B) shall apply regardless of whether such land use is located inside or outside the boundaries of the City.

4.

The separation measurements shall be provided and certified by a licensed professional surveyor or licensed civil engineer hired by the adult business.

D.

Nonconformity. No legally permitted adult business shall become nonconforming through subsequent establishment of a park, school, church, or day care center; or residential zone district located in closer proximity to the permitted adult business than what is required by the separation standards in this Section.

(Ord. No. 270, § 8, 8-13-2013)

A.

Before the submittal of an application for a conditional use permit for an adult business is submitted to the City, an applicant may submit a "determination of use application" to the Community Development Director containing the following information:

1.

A legal description and sketch of the parcel for the proposed use;

2.

Confirmation of the applicant's ownership, controlling interest in the property, or property owner's permission to submit the determination of use application;

3.

Detailed description and type of proposed adult business;

A professional licensed land surveyor's or licensed civil engineer's delineation of the proposed building, lot lines and the location of its primary entrance and confirming via specific measurements that the proposed adult business meets the separation distances identified in Section 18.070.050 of this Chapter; and

5.

Payment of the applicable filing fee.

B.

Action on Determination of Use Application. Within five business days of receipt of a complete determination of use application, the Community Development Director shall:

1.

Determine whether the proposed use is a permitted use in the zoning district in which it is to be located;

2.

Determine whether the proposed use meets the required separation distances; and

3.

If the above criteria are satisfied, approve the determination of use application, after which the applicant may submit a conditional use permit application in accordance with Chapter 18.83 of the Zoning Code.

(Ord. No. 270, § 8, 8-13-2013)

A.

In addition to the site development standards contained in the underlying zone district, an adult business shall conform to the following:

1.

Structures. No adult business shall be located in any temporary, portable or manufactured structure.

2.

Exterior Fencing. No adult business shall have any fencing or other structure exceeding five feet in height that obstructs the view of the parking lot or entrance ways of the business.

3.

Security Cameras. Adult businesses shall comply with the following security requirements:

a.

The adult business shall provide a surveillance system that visually records and monitors all parking lot areas, rear alley areas immediately adjacent to the business, the main building entrance(s) and exit(s), and any and all cash registers or cash offices on the premises of the adult business. The business owner or his/her designated representative shall instruct the company or individual(s) installing the surveillance equipment at the adult business to position cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions. The adult business and the company or individual(s) installing the surveillance equipment for any adult business shall both be responsible for insuring reasonable compliance with the provisions of this Section and the instructions by the adult business in installing such equipment at the adult business.

b.

The owner of the adult business shall also be responsible for insuring that the adult business' video surveillance system complies with the following minimum standards:

i.

Video Cameras. Cameras shall have a minimum resolution of 500 lines per inch and a minimum light factor requirement of 0.7 LUX. Light sensitive lenses or the installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.

ii.

Video Recorder. The recording device shall be defined as a "high density recorder" by manufacturer specifications. The device shall be a time-lapse recorder that displays a current date and time stamp on the video recording. Systems required to have more than one camera shall include a "quad" or "multiplexer" video display splitter. Quad or multiplexed video systems shall be digital and must have the ability to isolate individual camera angles for maximized play back. The recording equipment and all video recordings shall be secured in a locked area in which access is limited to the adult business owner, the permit holder, or his/her designated representative(s).

iii.

Display Monitor. A display monitor with a minimum screen size of 12 inches shall be connected to the video surveillance system at all times. If a "quad" video display splitter is utilized, the display monitor shall have a minimum screen size of 15 inches.

c.

Video surveillance systems shall be maintained in good working order at all times. The owner of the adult business shall instruct each employee to immediately report any malfunctioning of or technical problems whatsoever with surveillance equipment. Every three months, the business owner or his/her designated representative shall inspect all cameras and video recorders to ensure proper operation and shall perform the following functions: the camera lenses shall be cleaned and calibrated into focus; any recording heads or other optical equipment shall be cleaned or optimized in another applicable manner, and the date and time stamp shall be calibrated to reflect true information; all wires connected to the camera and video recording device shall be inspected for wear and tear; and, a test recording shall be done to verify the

image quality and date and time stamp. The business owner or his/her designated representative shall keep a video surveillance maintenance log documenting all inspections and repairs to the system. Any technical problems or inoperable equipment shall be repaired as soon as possible, not to exceed 15 days from discovery of the problem. The video surveillance system and maintenance log are subject to periodic inspection by the Police Department, in order to ensure compliance with this Section.

d.

The video surveillance system and recording device shall be in continuous operation from one full hour before to one full hour after the adult business is open to the public, or any portion thereof. Video recordings of daily business operations shall be kept a minimum of 30 days prior to reuse, destruction or deletion of such video recordings, and shall be provided to the Police Department upon request. If recordings provided to the Police Department pursuant to this Section are digital, a copy of "player" software shall be provided with the recording, in order to allow viewing of the digital recording(s). Such video recordings shall be clearly marked with the date the video recording was most recently recorded, and, in the event there are multiple recordings of the same date, each video recording shall be clearly marked in the sequential numerical order that it was so recorded.

e.

The City recognizes that video technology is rapidly changing and that the requirements of this Section with respect to video recordings may not keep up with available technology. The Community Development Director, therefore, is authorized to permit minor deviations from the technical requirements of this Section in order to allow the use of additional sources of video and recording technology, so long as such minor deviations are in keeping with the overall purpose of this Section to provide for video recordings with images of individuals and activities at adult business establishments that are discernible and recognizable in order to further law enforcement efforts and in order to deter unlawful, unsafe and unhealthy activities or conduct at adult business establishments.

f.

The Community Development Director or the Sheriff's Department may increase or decrease the video security requirements set for in this Subsection should the particular circumstances at an adult business demonstrate the need for such change.

4.

Lighting. All exterior areas and the entire perimeter of the building in which the adult business operates, including parking lots, landscaped areas, driveways, walkways, entry areas, refuse storage areas and premise entries/exits, of the adult business shall be illuminated with fixtures of sufficient intensity and number to uniformly illuminate every portion of the specified areas with an illumination level from dawn to dusk at a minimum of 1.50 foot-candles, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining public and private properties. Inoperable and/or broken lights shall be replaced within 24 hours.

Signs. All adult businesses shall comply with the following sign requirements, in addition to those of the Chapter 18.80 (Signs) of the Zoning Code. Should a conflict exist between the requirements of the Zoning Code and this Subsection, the more restrictive shall prevail.

a.

All proposed exterior signage shall be submitted with the conditional use permit application.

b.

If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 25 points. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department. The adult business and its employees and independent contractors shall be responsible for checking identification to insure compliance with this Section.

c.

No adult oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.

d.

Signage shall not contain any flashing lights.

(Ord. No. 270, § 8, 8-13-2013)

A.

All adult business shall comply with the following:

1.

Specified Criminal Acts Prohibited. No owner, manager, employee, independent contractor, server, entertainer or customer shall engage in or permit others to engage in any specified criminal act on the premises of the business.

2.

Establishment License. All adult businesses shall post the license issued pursuant to Chapter 5.84 of the Grand Terrace Municipal Code in a conspicuous, easily viewable location, at eye level, at the main cash register for the business and lighted in a manner for ease of inspection.

Licenses Available for Managers and Entertainers. Each manager issued an adult business managers license, pursuant to Chapter 5.88 of the Grand Terrace Municipal Code shall, at all times when on the premises of the licensed business, have said license in his or her possession. The license for each entertainer issued an entertainer's license pursuant to Chapter 5.88 of the Grand Terrace Municipal Code shall be retained for ready inspection on the premises of the adult business during all times that an entertainer is providing entertainment subject to the license on the premises.

4.

Concealing Specified Sexual Activities and Specified Anatomical Areas from Public View. No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building of such establishment. This Section shall apply to any display, decoration, sign, or show window.

5.

Exterior Doors and Windows. No exterior door or window on the premises shall be propped or kept open at any time while the business is open to the public, or portions thereof, and any exterior windows shall be covered with opaque covering at all times.

6.

Indoor Areas Open to View by Management. All indoor areas of the adult-oriented business where patrons or members of the public are permitted, excluding restrooms, shall be open to view by management at all times.

7.

Manager on Duty. All adult businesses shall have a licensed manager on duty at all times the business is open to the public, or any portion thereof, for any purpose, and said manager's name shall be posted in a conspicuous, easily viewable location, at eye level, at the main cash register for the business and lighted in a manner for ease of inspection. The individual(s) designated as the on-site manager or other direct contact of person who can address issues shall be registered with the City's Community Development Director by the owner to receive all complaints and shall be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. No on-duty manager shall act as a door person, ticket seller, ticket taker, admittance person, security guard, performer or adult cabaret dancer during any time that that person is designated as or is acting as the on-duty manager.

8.

Hours of Operation. It shall be unlawful for any owner, operator, manager, employee or independent contractor of an adult business to allow such adult business to remain open for business, or to allow any employee, independent contractor or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 12:00 a.m. and 9:00 a.m. of any day excepting an "adult hotel/motel". The hours of operation of any adult business which has a permit from the California Department of Alcoholic Beverage Control shall be governed by the provisions of that permit and not by this Section as to operating hours. It is also unlawful for any performer or adult cabaret

dancer of an adult business to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 12:00 a.m. and 9:00 a.m. of any particular day.

9.

Noise. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public from outside the building in which such use is conducted or which violates the City's Noise Ordinance.

10.

Security Guards. All adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a.

Adult businesses providing live entertainment shall provide at least one security guard continuously from one full hour before to one full hour after any adult live entertainment is conducted at the business, to maintain the peace and to enforce all statutes, ordinances and conditions of the permit. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty during the required time period.

b.

Security guards for other adult businesses may be required or the number of required guards may be increased from the requirements in Subsection a., if it is determined by the Sheriff's Department or the Community Development Director that their presence is necessary based upon the particular circumstances at such adult business demonstrating the need for such change.

c.

Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons, employees and entertainers with the requirements of these regulations. Security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard. Security guards shall otherwise comply with the provisions of California Business and Professions Code Section 7582, et seq. No security guard required pursuant to this Subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

d.

Security guard(s) shall regularly patrol the parking lot and adjacent outdoor areas of the facility to maintain order therein and prevent any illegal or nuisance activity adjacent to the adult business or caused by patrons of the adult business.

11.

Trash. At least as often as at the time of the opening and closing of the adult business, the front and rear exit(s)/entrance(s), along with the parking lot, shall be inspected for trash and debris and any trash and

debris found shall be immediately removed.

12.

Age of Employees. Employees, including independent contractors, of an adult business must be at least 18 years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employees, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least 18 years of age. If liquor is served at the adult business, employees, including independent contractors, of the adult business must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not 21 years of age. Said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business, including verifying with validly issued official government identification and any additional requirements as may be imposed by the California Department of Alcoholic Beverage Control.

13.

Age of Patrons. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, independent contractor, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 18 years of age. If liquor is served at the adult business, patrons must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, independent contractor, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 21 years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.

14.

Regulation of Public Restroom Facilities. If the adult business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and, with the exception of urination, that no persons engage in any specified sexual activity or the exposure of specified anatomical parts in the public portion of the restroom. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

15.

Interior Lighting Requirements. All interior areas of an adult business shall be illuminated at all times during which the adult business is open to the public, or any portion thereof, with overhead fixtures of sufficient

intensity and number to uniformly illuminate every place to which patrons are permitted access with an illumination level at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level. Inoperable and/or broken lights shall be replaced within 24 hours.

16.

Display of Adult Oriented Materials. All displays of materials characterized or distinguished by matters describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this Code, shall be completely screened from public view as viewed from adjacent sidewalks, public rights-ofway, and parking areas.

(Ord. No. 270, § 8, 8-13-2013)

18.70.090 - Regulation of adult arcades and adult booth/individual viewing area.

A.

The following additional requirements apply to adult arcades and businesses providing adult booth/individual viewing areas:

1.

Visibility from Manager Station(s). The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this Subsection must be a direct line of sight from the manager's station.

2.

Occupancy. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

Visibility of Adult Booth/Individual Viewing Area. Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. Any adult business may have more than one manager station in order to ensure compliance with this regulation. At all times, the manager station(s) shall be maintained to ensure a clear line of sight into the interior of the adult/booth individual viewing area. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from the manager station(s). The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle and the manager station(s) without the assistance of mirrors or any other device.

4.

Obstruction of View Prohibited. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained.

5.

Maintenance of Booths/Individual Viewing Areas. No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

6.

Seating. No beds, couches or chairs with a sitting area greater than 24 inches wide shall be permitted in an adult booth/individual viewing area.

7.

Manager Station. At all times that a booth is occupied, the manager must be at the manager's station.

(Ord. No. 270, § 8, 8-13-2013)

A.

The following additional requirements shall apply to adult businesses providing adult live entertainment:

1.

Separation. No live entertainment shall be conducted at an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet between patrons and performers at all times while performing, and no patron shall be permitted within ten feet of the stage while the stage is occupied by a performer. Fixed rail(s) or similar barrier measuring at least 30 inches in height shall be maintained establishing the separations between performers and patrons.

2.

Contact Prohibited. No performer or adult cabaret dancer, during performances, shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer during performances. This Subsection shall only apply to physical contact anywhere on the premises of the adult business. This prohibition does not extend to incidental touching.

In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any live entertainment by such performer or adult cabaret dancer.

3.

Signs. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

4.

Clothing. All employees, performers, and independent contractors of the adult facility, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas. As to performers or cabaret dancers while performing adult live entertainment, such performers or cabaret dancers must wear, at a minimum what is commonly referred to as pasties and a g- string, or other attire that similarly provides at least an opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers not less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. No person, and no owner or other person with managerial control over an adult business shall permit any person, on the premises of the adult business to engage in any live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. No performer or adult cabaret dancer shall appear in the nude on the premises of an adult business at any time, except in a dressing room that is maintained for the exclusive use of performers and adult cabaret dancers, and to which the public, or any portion there, is not admitted, or in restrooms.

5.

Tips. Patrons shall not throw money to performers, place monies in the performers' costumes or otherwise place or throw monies on the stage or to performers. If patrons wish to pay or tip performers, payment or tips may be placed in containers. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult business.

6.

Dressing Rooms. The adult business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

7.

Performer Entrance/Exit. The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.

8.

Separate Access. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the

ss. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the

performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be three feet away from the walk aisle. Nothing in this Section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

9.

Stage Access. The adult business, its manager(s), employees and/or performer(s) shall prohibit any person other than a licensed performer, employee or agent for purposes relating to operation of the adult business from occupying the stage area.

10.

Seating. Seating shall consist of chairs or open booths; No couches, beds, loose cushions or mattresses, or other forms of seating shall be provided.

(Ord. No. 270, § 8, 8-13-2013)

A.

The following additional requirements shall apply to adult motion picture theaters:

1.

Presentation Area. All screenings of motion pictures, videos or other media shall occur in a room open to all customers of the establishment. No walls, dividers, curtains, screens, shades or other similar devices shall be used to partition any part of the screening room.

Seating. Seating in the presentation area shall consist of individual, theater-style chairs (maximum seat width 20 inches), with solid arms separating the chairs. No couches, benches, portable chairs, beds, loose cushions or mattresses, or other forms of seating shall be provided by the adult business or permitted in the presentation area. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the building code and the Americans with Disabilities Act; and:

a.

Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times.

b.

Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

(Ord. No. 270, § 8, 8-13-2013)

18.70.120 - Regulation of adult modeling and adult photography studios.

A.

The following additional requirements shall apply to adult modeling and photography studios:

1.

Furniture. An adult modeling and/or photography studio shall not place or permit a bed, sofa, or mattress in any room on the premises open to the public or any portion thereof, except that a sofa may be placed in a reception room open to the public.

(Ord. No. 270, § 8, 8-13-2013)

18.70.130 - Regulation of adult retail store.

The following additional requirements shall apply to adult retail stores:

1.

Age of Patrons. The selling, renting and/or displaying of X-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, CDs or laser disks that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where these items are not visible to persons under the age of 18 and from which persons under the age of 18 shall be prohibited.

Separate Room. If a business offers for sale or rent both non adult oriented materials and/or merchandise and adult oriented materials and/or sexually oriented merchandise, the adult oriented materials and/or merchandise shall be kept in a separate room, physically and visually separate from the remainder of the store by an opaque wall reaching at least eight feet high or to the ceiling, whichever is less, and posted with a sign clearly stating that no one under the age of 18 shall enter the room where the adult oriented materials and/or merchandise is located, unless the entire premises is limited to individuals over the age of 18. The on-duty manager and owner shall be responsible at all times for verifying the age of individuals entering this restricted area.

3.

Age Limit. No person under the age of 18 shall be permitted entry into a room containing adult oriented materials and/or sexually oriented merchandise.

4.

Location. If a business offers for sale or rent other materials and/or merchandise, the entrance to the room containing the adult oriented materials and/or sexually oriented merchandise shall be located so that it is as far as reasonably practicable from materials and/or merchandise likely to be of interest to children.

5.

Room Size. Any room wherein adult oriented materials and/or sexually oriented merchandise is offered for sale or rent shall be in an area containing at least 600 square feet and having no walls, dividers, curtains, screens, shades or other similar devices to obscure any part of the room from being monitored by the manager, unless it is to separate the adult oriented materials and/or sexually oriented merchandise from non-adult oriented materials or sexually oriented merchandise.

6.

On-Site Entertainment Prohibited. At no time shall the store provide any type of on-site adult live entertainment, or show any type of adult oriented electronic imagery on the premises.

7.

Displays. No displays of adult oriented materials, adult oriented images, and/or sexually oriented merchandise shall be visible from outside the room containing adult oriented materials and/or sexually oriented merchandise or from the exterior of the business.

8.

Monitoring. Activities in any room having adult oriented materials and/or sexually oriented merchandise shall be monitored at all times by a store clerk through a video system located at the clerk's counter.

(Ord. No. 270, § 8, 8-13-2013)

Each owner, operator, manager, employee or independent contractor of an adult business or other person in charge of an adult business shall permit representatives of the Sheriff's Department, County Fire Department, City Planning, and Building and Safety and Code Compliance Divisions, to inspect those portions of the adult business open to the public or to portions of the public, for the purpose of insuring compliance with the operating standards of this Chapter applicable to adult businesses at any time it is occupied or open for business, as well as to inspect, for compliance with the provisions of this Chapter, those portions of the adult business that may not be open to the public, but only as to those portions directly relating to operating and regulatory provisions of this Chapter, such as recording equipment for required security cameras. Such inspections shall be conducted in a reasonable manner, such that the inspection minimizes any interference with or delay of business operations, as reasonably practicable to the purposes of the inspection; shall be conducted by the City's Code Enforcement Manager, designee, or other City employee charged with the responsibility of monitoring compliance of adult businesses with this Chapter; and shall only be conducted as necessary to insure compliance with the regulatory provisions of this Chapter or relating to an adult business or performer permits and licenses. Nothing in this Section shall permit or authorize warrantless searches of property on the premises, except as otherwise permitted by law.

(Ord. No. 270, § 8, 8-13-2013)

The provisions of this Chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other chapters of the Zoning Code, Municipal Code, City ordinances, and State and Federal law. A violation of this chapter, or any provision of this Chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Ord. No. 270, § 8, 8-13-2013)

Chapter 18.71 - WIRELESS TELECOMMUNICATION FACILITIES

The City of Grand Terrace recognizes that the current growth in the wireless communication industry may result in a proliferation of proposals to install such facilities within the City's limits. Wireless communication facilities typically have antenna structures that reach heights from 30 to 200 feet, with accessory equipment usually constructed nearby. Because of their height and expected proliferation, these facilities have the potential to conflict with community land use patterns and to adversely impact community aesthetics.

The purpose of this Chapter is to address the current growth in the wireless communication industry by providing regulations regarding the location and design of such facilities. This Chapter intends to ensure that the installation of wireless communication facilities will not be detrimental to the public health, safety, and welfare.

(Ord. 171 § 1(part), 1997)

18.71.020 - Wireless telecommunications facilities defined.

"Wireless telecommunications facilities" means communications towers, antennas and the necessary appurtenances. A land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they all are situated. This includes the current technologies of cellular communications and personal communications services (PCS) and smart radio (SMR). This excludes noncommercial antennas, radio and television signals, and noncommercial satellite dishes.

(Ord. 171 § 1(part), 1997)

18.71.030 - Findings for wireless telecommunication facilities.

All wireless telecommunication facilities permitted in this Section shall be subject to the following findings. These are in addition to any applicable criteria outlined in Chapter 18.63, Site and Architectural Review, and Chapter 18.83, Conditional Use Permits, of this Title.

A.

There is adequate space on the property for the antenna and accessory wireless equipment without conflict with existing buildings or other structures on the property, or reducing required parking, landscaping or other development standards.

B.

The design and placement of the antenna and accessory wireless equipment will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood.

C.

The antenna and accessory wireless equipment as proposed are consistent with the intent of this part and comply with the general standards for wireless telecommunication facilities and any special standards of this Chapter.

(Ord. 171 § 1(part), 1997)

18.71.040 - General standards.

All wireless telecommunication facilities shall be subject to the following standards:

A.

Antennas permitted by this Section shall comply with all applicable building codes.

B.

Antennas and accessory wireless equipment shall be located, installed, and mounted in a manner to minimize to the greatest extent practical the visibility of the antennas and equipment.

C.

Antennas and accessory wireless equipment shall be painted in a nonreflective color.

D.

Antennas and accessory wireless equipment, if visible, shall be screened with landscaping to the greatest extent possible. If trees are to be provided as screening, the trees shall be a minimum of 48-inch square boxed container sized evergreen trees (unless it is determined that better screening can be obtained through smaller sized trees) in a species approved by the Grand Terrace Community Development Department. All landscaping screening shall be required to be maintained and replaced if necessary by the applicant as long as the associated antenna is in use.

E.

Accessory wireless equipment including ancillary equipment shall be appropriately screened from view by an existing structure where possible, or by constructing screening which blends with adjacent structures in color and form, or by landscaping where construction of a man made screening is not appropriate.

F.

No advertising, signs, or lighting shall be incorporated or attached to any antenna or accessory wireless equipment, except as required by the City's Building Division or Federal regulations.

(Ord. 171 § 1(part), 1997)

18.71.050 - Special standards for ground mounted structures.

A.

No ground mounted structures and no part of the antenna or visible equipment shall be located within or project into any required setbacks of the underlying land use district.

B.

No mounted structures and no part of the antenna or visible equipment shall be located within or project closer than ten feet from any right-of-way of a street, freeway, or railroad line.

C.

No ground mounted structure for an antenna shall be located on a lot with an existing residential use, not within 100 feet of any residential use, or distance determined by the City Engineer to be a safe distance in the event of structure failure.

D.

The height of the ground mounted structure shall be compatible with that of the surrounding neighborhood so existing trees or other tall elements of the neighborhood can serve as a backdrop to mask the silhouette of the antenna and the ground mounted structure.

E.

No new ground mounted structure for an antenna shall be located within eight hundred feet of an existing ground mounted structure for antenna except if the new structure is replacing the existing structure for purposes of locating more than one wireless communication facilities on the structure (co-location).

F.

If co-location is not feasible due to the height restrictions specified in this section, such height restrictions may be increased an additional 15 feet to provide for the co-location provided the Planning Commission determines that the structure at the increased height will have less of an adverse visual impact on the surrounding area than two such structures of reduced height located in close proximity to one another and will be consistent with the character of the surrounding development.

ght restrictions may be increased an additional 15 feet to provide for the co-location provided the Planning Commission determines that the structure at the increased height will have less of an adverse visual impact on the surrounding area than two such structures of reduced height located in close proximity to one another and will be consistent with the character of the surrounding development.

If the Commission determines that the height will have a greater impact than two such structures of reduced height located in close proximity to one another, the applicant may submit an application for a variance to permit a new ground mounted structure located closer than 800 feet of an existing ground mounted structure to be reviewed pursuant to the provisions and subject to the required findings provided under Chapter 18.86 of this Title.

G.

No ground mounted structure for an antenna shall be located in the Barton Road specific plan village commercial district and administrative professional district.

H.

All security fencing shall be of a material, color, and design that blends with the character of the surrounding environment.

(Ord. 171 § 1(part), 1997)

Conditions of approval shall be imposed on any permit and architectural approval granted pursuant to this Section to ensure compliance with the intent of this part, the required standards and findings of this Section, and the protection of the public health, safety, general welfare, and aesthetics. The permit shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the permit.

Conditions shall include, but shall not be limited to the following:

A.

The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agent, and employees from any and all liability or claims that may brought against the City from its approval or a permit.

B.

A letter outlining the terms of the lease with the property owner shall be submitted to the City prior to issuance of a building permit for the facility. If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the lease, the use permit for the facility shall become null and void and the facility removed within 90 days.

C.

Certificate of continued use of each approved facility shall be submitted on a yearly basis at the time of business renewal for as long as the facility remains in operation. The certification shall indicate that the facility is operating as approved and that the facility complies with the most current Federal Communications Commission (FCC) safety standards. Facilities which are no longer in operation shall be removed within 90 days after the date of discontinuation.

D.

If no annual certification is provided, the use permit for the facility may be revoked by the Community Development Director. Prior to revoking a permit, the Director shall provide the owners of record written notice of their failure to provide the annual certification and an opportunity for hearing.

E.

Prior to issuance of a building permit for the facility, applicant may be required to provide a deposit with the City for removal of the facility and any accessory wireless equipment if such facility is found to be abandoned or the use permit is revoked by the Director.

F.

Notice of change of ownership of the facility shall be provided to the City.

G.

Within 90 days of commencement of operation, applicant shall provide a preliminary report and/or field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radio frequency radiation (RFR).

H.

All changes and modifications to an approved facility shall require prior approval by the City.

I.

All graffiti and other forms of vandalism shall be promptly removed and/or repaired within 24 hours.

(Ord. 171 § 1(part), 1997)

18.71.070 - Zoning.

A.

Residential Zones. In all residential zones, wireless communication facilities shall be prohibited except when wireless communication facilities are associated with nonresidential uses permitted in a residential zone, such as parks, church towers, schools, and light standards, and comply with standards set forth in this Chapter. No ground mounted self-standing wireless communication facilities shall be installed in a residential district on private or public property.

B.

Nonresidential Zones. In all nonresidential zoning districts, wireless communication facilities shall be permitted subject to a conditional use permit, as provided under Chapter 18.83 of this Title.

C.

Conditional Use Permit Maximum Time Limits. A conditional use permit for a wireless communication facility shall be valid for a maximum period of three years from the date of effective approval. At the end of the conditional permitted use period, the Planning Commission shall have the discretion to review the project to determine if changes in cellular technology warrant retrofit or adjustment of the project. Based on this review, the Planning Commission shall have discretion to impose additional conditions on the project, extend the conditional use permit as is, or revoke the conditional use in its entirety.

D.

Site and Architectural Review. A major site and architectural review, as provided under Chapter 18.63 of this title, shall be required in all cases involving the installation of wireless communication facilities.

E.

Environmental Review. An initial study and negative declaration shall be prepared for each wireless communication facility that proposes to locate in the city. Agencies to be contacted include but not limited to the CPUC, and FCC to assure applicable licensure.

F.

Incentive Processing. An administrative site and architectural review may be applicable as an incentive to those telecommunication facilities which are concealed completely and integrated into existing structures, and have no aesthetic impacts per the Community Development Director. All standards herein apply.

(Ord. 171 § 1(part), 1997)

A.

Setbacks. Setbacks shall be determined in each case with minimum setbacks to be consistent with those required by applicable zone. Additional setback requirements shall be determined by the Planning Commission to mitigate aesthetic and land use impacts, or by the City Engineer for safety in the event of collapse.

B.

Height. Height of the proposed facility shall be justified by the need for such height to effectively provide services by the applicant through a written analysis subject to review and approval by the City.

C.

Color. All antennae and support structures shall be of a matte finish to avoid glare, and a color and design that blends with the surrounding site and neighborhood.

D.

Screening. All monopoles, antennae and support structure, and accessory buildings shall be architecturally designed, screened, concealed and/or disguised to the maximum extent necessary to mitigate aesthetic impacts and achieve compatibility with the surrounding site and neighborhood. For example, rooftop facilities are encouraged to be designed with a clock tower or other architectural tower element; monopoles are encouraged to be designed within existing light standards, flag poles or building signs.

E.

Landscape. Wherever feasible, all facilities shall provide a landscape plan to provide a high level of screening.

(Ord. 171 § 1(part), 1997)

18.71.090 - Processing requirements.

A.

Fee. All applicable processing and impact fees shall apply.

B.

City Property. In cases where a facility is proposed on City property, compensation shall be negotiated by the City Manager on a case by case basis.

C.

Master Plan/Site Analysis. Prior to project review and approval, applicants shall provide the City with a detailed description of the type of category and service provided, and an estimate of what the future needs will be. Some of the types of categories are, but not limited to:

1.

Cellular services;

2.

SMR (specialized mobile radio services or smart radios);

3.

PCS (personal communication services); and

MMDS (multichannel multipoint distribution service).

In addition, information shall be provided that illustrates why the proposed site was selected, and what made the proposed site better than other sites in the area (i.e., technical requirements, cost, and site availability). The master plan/site analysis shall include the potential for double loading existing facilities and the number of discrete repeaters proposed for the facility.

D.

Elevations. Prior to project review and approval, applicants shall provide the City with dimensioned elevations of the antennae and ancillary facilities, indicating width of structural pole(s) and dimensions of each sector antenna.

E.

View Simulation. Prior to project review and approval, applicants shall provide the City with view simulation containing a scale, and depicting antennae and ancillary facility dimensions. The view simulation shall be accompanied by a reference sheet indicating the point at which the view simulation photo was taken.

F.

Written Justification. Prior to project review and approval, applicants shall provide the City with a written justification explaining why the requested height of the antennae is necessary.

(Ord. 171 § 1(part), 1997)

A.

Building Codes. All antennae, supporting structures and ancillary facilities shall be installed and maintained in compliance with city building codes.

B.

Periodic Inspections. All facilities shall be subject to periodic inspections by the city to ensure compliance with all conditions of approval.

C.

Modifications. No modifications or additions shall be made to approved antennas, towers, support structures or facilities that are not in conformity with the original approval without prior review and approval by the city.

D.

Abandonment. Any antennae, supporting structures and ancillary facilities abandoned for a period of one hundred eighty days shall be removed and the site returned to its original state or as otherwise directed by

the city to ensure that site improvements installed as part of the project are not disrupted.

E.

Revocation of Permit. Failure to comply with all conditions of approval shall be grounds for revocation of the permit.

(Ord. 171 § 1(part), 1997)

Chapter 18.72 - AMATEUR ("HAM") RADIO ANTENNAS

Sections:

The purpose of this part is to assure that amateur "HAM" radio antennas are designed and located in a way that avoids hazards to public health and safety while reasonably accommodating amateur radio communications.

(Ord. No. 246, § 1, 3-24-2009)

A.

Amateur radio antenna. The term "amateur radio antenna" shall mean any antenna, including a whip antenna, which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communication Commission.

B.

Antenna. The term "antenna" shall mean any system of poles, panels, rods, reflecting discs, wires or similar devices for elements for the transmission or reception of electromagnetic signals, including, but not limited to, radio waves and microwaves. An antenna does not include the support structure that the antenna is mounted on.

C.

Antenna array. The term "antenna array" shall mean the arrangement of several antennas connected and organized to form a single antenna, including the antenna boom.

D.

Antenna structure. The term "antenna structure" refers collectively to an antenna array and its supporting mast or tower, if any, including any anchors and guy lines.

E.

Boom. The term "boom" shall mean a long, more or less, horizontal supporting arm or brace used for supporting an antenna.

F.

"HAM." The term "HAM" is a commonly used shorthand expression for amateur radio operators and/or equipment.

G.

Mast. The term "mast" shall mean a pole of wood or metal, or a tower fabricated of metal, used to support an amateur radio antenna and maintain it at the proper elevation.

H.

Satellite dish antenna. The term "satellite dish antenna" shall mean an exterior parabolic antenna mounted on or adjacent to a structure measuring no more than 24 inches in diameter and designed solely for the reception of telecommunication services for use within such structure.

I.

Television broadcast antenna. The term "television broadcast antenna" shall mean an exterior antenna mounted on or adjacent to a structure and designed solely for the reception of television broadcast signals for use within such structure.

J.

Whip antenna. The term "whip antenna" shall mean an antenna consisting of a single, slender, rod-like element, which is supported only at or near its base.

(Ord. No. 246, § 1, 3-24-2009)

Amateur "HAM" radio antenna structures and masts which comply with the development standards specified in Section 18.72.050 of this Chapter are permitted as accessory uses in all zoning districts.

(Ord. No. 246, § 1, 3-24-2009)

A.

The following antennas shall not be subject to the provisions of this Chapter, but shall adhere to all other applicable provisions of this title.

1.

Satellite dish antenna.

2.

Television broadcast antenna, provided that the height of such antenna does not exceed a height of ten feet.

3.

A maximum of two antennas provided that the height of such antennas do not exceed 15 feet if ground mounted or ten feet if roof mounted; that the antennas are not connected or attached to any other antenna; and that the antennas comply with the required setbacks of the zone district.

(Ord. No. 246, § 1, 3-24-2009)

18.72.050 - Development standards.

A.

Permitted Height.

1.

The height of any antenna or the combined height of an antenna and antenna structure shall not exceed a maximum height of 35 feet including any extension. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height.

B.

Number Permitted.

1.

A maximum of three amateur "HAM" radio antennas may be permitted on each building site, of which only one may be an antenna structure and its antenna array. This number shall be inclusive of any existing amateur "HAM" radio antennas located on the site, but which may not require a permit.

C.

Siting.

1.

The antenna structure shall be located on the building site in a manner which will minimize the extent to which the structure is visible to nearby residents and members of the general public. Antenna structures shall be considered to satisfy this criteria if:

a.

No portion of the antenna structure including antenna array, mast, anchors and guy lines is located within any required setback area;

b.

No portion of the antenna structure or mast is within the front 40 percent of that portion of the building site that abuts a street; and

c.

In the event that the building site abuts two or more streets, the antenna structure or mast is not located within the front 40 percent of the portion of the building site where primary access is provided to the property or within 20 feet of any other abutting street or public right-of-way.

D.

Installation and Maintenance.

1.

All antenna structures shall be installed and maintained in compliance with applicable building standards including any requirements for building permits as determined by the Director of Building and Safety/Public Works.

2.

All antennas and their supporting structures shall be maintained in good condition including repainting when necessary.

3.

All ground-mounted antennas and their supporting structures shall be permanently installed.

4.

The use of highly reflective material shall be prohibited.

E.

Antenna array.

1.

The antenna array including the antenna boom and antenna elements shall conform to the following specifications:

a.

In no instance shall the area of the antenna array (length of antenna boom times the length of the antenna element) exceed five percent of the area of the subject lot upon which the antenna array will be located.

(Ord. No. 246, § 1, 3-24-2009)

A.

The application for an amateur "HAM" radio antenna structure shall be in the form of a land use application and shall be accompanied by the following information:

A letter of intent describing the request for the proposed antenna.

2.

Site plan drawn to scale and dimensioned, showing the proposed location of the antenna structure, including the dimensions of the antenna array.

3.

Manufacturer's specifications of the antenna structure.

4.

Details of footings, guys and braces.

5.

If roof mounted, details of the method of attachment.

6.

Elevations drawn to scale and dimensioned so as to fully describe the proposed structure.

7.

A statement indicating any mitigation measures proposed to minimize any adverse effects of the antenna or antenna structure. Such measures may include screening, painting, increased setbacks from property lines and safety devices.

8.

300-foot radius map together with the mailing list of property owners within 300 feet and two sets of mailing stickers.

B.

Copies of the submitted information shall be referred by the Community Development Director and to the City's Building and Safety/Public Works Department for issuance of a building permit if required.

(Ord. No. 246, § 1, 3-24-2009)

A.

In processing the submitted application, the Community Development Director shall notify, by first-class mail, all those property owners within a 300-foot radius of the subject site of the proposed amateur "HAM" radio antenna structure.

B.

If there are no objections to the proposed amateur "HAM" radio antenna structure based upon health and safety concerns, the Community Development Director shall approve the land use application provided that the proposed structure complies with the standards as set forth by Section 18.72.050.

C.

If there are objections to the proposed amateur "HAM" radio antenna structure based on health and safety concerns, the Community Development Director shall refer the proposed application to the Planning Commission for review and consideration. The Community Development Director shall provide notice, by first-class mail, of the Planning Commission hearing to all property owners within a 300-foot radius of the subject site.

D.

In granting the land use application for the amateur "HAM" radio antenna structure, the Planning Commission shall find that the proposed amateur "HAM" radio antenna complies with the development standards of Section 18.72.050 of this Chapter.

E.

In granting the land use application, the Planning Commission may impose whatever conditions are necessary to accomplish the purposes of this Chapter including stricter requirements than those of Section 18.72.040 if it is determined that such stricter requirements are necessary in order to protect the health and safety of the neighborhood.

(Ord. No. 246, § 1, 3-24-2009)

18.72.080 - Reasonable accommodation hearing.

A.

Any applicant that proposes an amateur "HAM" radio antenna that does not comply with the development standards contained in Section 18.72.050 of this Chapter, shall be entitled to a reasonable accommodation hearing before the Planning Commission through the land use application process. The Planning Commission shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation" required pursuant to Government Code Section 65850.3, as applied to the specific application.

B.

Any applicant may appeal the conditions imposed pursuant to this Chapter or pursuant to Subsection 18.72.070 E. and shall be entitled to a hearing before the City Council, who shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation" required pursuant to Government Code Section 65850.3, as applied to the specific application.

C.

Notice of the public hearing shall be provided by first-class mail to all property owners pursuant of Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions).

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. No. 246, § 1, 3-24-2009)

A.

Amateur "HAM" radio antennas, antenna structures and masts in existence prior to the effective date of this Chapter may continue to be used without complying with the provisions of this Chapter provided they were legally constructed with the proper land use entitlements and/or building permits. Said antennas and structures shall be considered legal non-conforming.

B.

Amateur "HAM" radio antennas, antenna structures and masts that are a legal non-conforming use shall comply with the provisions of Section 18.72.050 to the extent that they are capable of doing so without major modifications.

C.

Existing amateur "HAM" radio antennas, antenna structures and masts may be enlarged, expanded or relocated only if brought into compliance with the provisions of this Chapter.

(Ord. No. 246, § 1, 3-24-2009)

Chapter 18.73 - GENERAL REGULATIONS AND EXCEPTIONS

Sections:

The purpose of this chapter is to establish general regulations and specify accepted exceptions to the provisions of this title.

(Ord. 151 § 1(part), 1994: Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

The provisions specified in this title are subject to the general regulations and exceptions listed in this chapter.

(Ord. 151 § 1(part), 1994: Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

No stable, paddock, coop, pen or other enclosure for the maintenance or raising of animals or fowl shall be established or maintained closer than twenty feet to any residence.

(Ord. 151 § 1(part), 1994: Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

In a case where an accessory structure is attached to main building it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this title applicable to the main building.

(Ord. 126 § 2, Exh. A(part), 1990)

Any lot or parcel of land under one ownership and of record prior to February 11, 1982, and where no adjoining land is owned by the same person, may be used as a building site even when of less area, width or depth than that required by the regulations for the district in which it is located.

(Ord. 126 § 2, Exh. A(part), 1990)

18.73.060 - Dedication, construction, and maintenance of public improvements.

A.

Dedication of land required for development of a public street or other public improvement as specified in the general plan, shall be required at the time of the subdivision of any land or, where no subdivision is involved, at the time of development. Such improvements shall be required as a condition of any subdivision, conditional use permit, variance or site and architectural review approval.

B.

Annexation into the existing landscape and lighting maintenance district shall be required at the time of the subdivision of any land or, where no subdivision is involved, at the time of development for the maintenance of public improvements. Public improvements shall include, but not be limited to street lights, signal lights, water quality devices, street trees, and landscaping. Annexation into the landscape and lighting maintenance district shall be required as a condition of approval for a subdivision, conditional use permit or site and architectural review approval.

C.

The City may also require, at their discretion and as a condition of approval, that maintenance of perimeter improvements such as, but not limited to, block walls for graffiti removal and landscaping within setbacks or easements also be included with the landscape and lighting assessment district.

(Ord. No. 308, § 6, 7-11-2017; Ord. 126 § 2, Exh. A(part), 1990)

Editor's note— Ord. No. 308, § 6, adopted July 11, 2017, changed the title of Section 18.73.060 from "Dedication for and construction of public improvements" to "Dedication, construction, and maintenance of public improvements." The historical notation has been preserved for reference purposes.

Fences and walls in any district shall be subject to the following height and location restrictions:

A.

Front Yards.

1.

The maximum height of a solid fence or wall shall be three feet above the surface of the ground;

2.

The maximum height of an open designed fence or wall such as a wrought iron fence shall be six feet from the surface of the ground;

3.

There is no minimum height or a requirement for a fence in a required front yard.

B.

Side and Rear Yards.

1.

The minimum height of a fence or wall shall be six feet above the surface of the ground;

2.

The maximum height of a fence or wall, solid or otherwise shall be eight feet from the surface of the ground.

C.

Where a grade differential exists between buildings sites, the height of the fence or wall shall be measured from the higher grade.

D.

The permitted height of a fence or wall may be increased or reduced if:

1.

The Director of Building and Safety determines such an increase or reduction is necessary to maintain proper vehicular and pedestrian safety.

2.

The Community Development Director through the Administrative Site and Architectural Review Board may approve a greater or lesser height.

(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

The fire control regulations of the Uniform Building Code shall apply to all setback and yard requirements of this Title.

(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

Chimneys, cupolas, flag pole, monuments, radio and other towers, water tanks, church steeples, mechanical appurtenances and similar structures may be permitted in excess of height limits with the approval of a conditional use permit, except wireless telecommunication facilities set forth in Chapter 18.71.

(Ord. 171 § 2, 1997: Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

Except as permitted by Chapter 18.53, the keeping of animals, other than household pets is prohibited within the City.

(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

On any parcel of land of an average width of less than 50 feet, which parcel was under one ownership at the time of, or is shown as a lot on any subdivision map filed in the County Recorder's Office prior to February 11, 1982, when the owner owns no adjoining land, the width of each side yard may be reduced to ten percent of the width of such parcel, but in no case shall be less than three feet.

(Ord. 146 § 1(part), 1993: Ord. 126 § 2, Exh. A(part), 1990)

No building, structure or portion thereof shall be used or occupied for any use or purpose prior to receiving a certificate of occupancy for all new construction and a business license for any new, expanded or relocated business activity.

(Ord. 126 § 2, Exh. A(part), 1990)

All portions of a lot, including yards, setbacks, buildings, structures, signs, parking and loading areas, driveways, open areas, landscaping and other features shall be permanently maintained in a neat, attractive, weed free manner.

(Ord. 126 § 2, Exh. A(part), 1990)

Where the planning commission or city council denies an application for a permit or other approval required in this title, the planning department shall not accept the denied application again for a period of six

months after the denial. The planning department may sooner accept an application previously denied if the application corrects the deficiencies upon which the denial was based.

(Ord. 126 § 2, Exh. A(part), 1990)

No building or structure shall be moved onto a parcel of land or moved from one location on a parcel to another location on the same parcel, unless the building or structure is made to conform to all the regulations of the property on which it is to be located and the Uniform Building Code.

(Ord. 126 § 2, Exh. A(part), 1990)

The use of land for the removal or dumping of soil, sand, or other material shall be prohibited in all districts, except when performed in conjunction with an approved project and is located on the same parcel as the approved project. Such activity in conjunction with an approved project located on a nearby parcel may be permitted on a case by case basis by the planning director prior to such use.

(Ord. 126 § 2, Exh. A(part), 1990)

To ensure public safety, construction, installation and maintenance of all private swimming pools, spas and other bodies of water with a depth in excess of 18 inches at any given point shall be subject to the following provisions.

(Ord. No. 233, § IV, 12-11-2007; Ord. 126 § 2, Exh. A(part), 1990)

A.

"Swimming pool" or "pool" means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool" includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.

B.

"Public swimming pool" means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home or Group R, Division 1 and 3 occupancies.

C.

"Enclosure" means a fence, wall, or other barrier that isolates a swimming pool from access to the home.

D.

"Approved safety pool cover" means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91.

E.

"Exit alarms" means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.

(Ord. No. 233, § IV, 12-11-2007)

18.73.172 - Drowning prevention safety features required.

A.

Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home or Group R, Division 1 and 3, it shall be equipped with the following drowning prevention safety features:

1.

The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 18.73.173, or the pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 Standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device, or the pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F1346.

2.

The residence shall be equipped with exit alarms on those doors providing direct access to the pool.

3.

All doors providing direct access from the home to the swimming pool shall be equipped with a selfclosing, self-latching device with a release mechanism placed no lower than 54 inches above the floor.

4.

Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above, and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Mechanical Engineers (ASME). Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F2008 "Standard Specification for Pool Alarms" which includes surface motion, pressure, sonar, laser, and infrared type alarms. For purposes of this Chapter, "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.

(Ord. No. 233, § IV, 12-11-2007)

An enclosure shall have all of the following characteristics:

A.

Any access gates through the enclosure open away from the swimming pool, and are self-closing with selflatching device placed no lower than 60 inches above the ground.

B.

A minimum height of 60 inches.

C.

A maximum vertical clearance from the ground to the bottom of the enclosure of two inches.

D.

Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter.

E.

An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

(Ord. No. 233, § IV, 12-11-2007)

The requirements of this Chapter shall not apply to any of the following:

A.

Public swimming pools.

B.

Hot tubs or spas with locking safety covers that comply with the American Society for Testing MaterialsEmergency Performance Specification (ASTM-ES 13-89).

(Ord. No. 233, § IV, 12-11-2007)

18.73.175 - Pool and spa requirements.

A.

Whenever the building permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements:

1.

The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa.

2.

The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least three feet in any dimension between the drains.

B.

Suction outlets that are less than 12 inches across shall be covered with antientrapment grates, as specified in the ASME/ANSI Standard A, 112.19.8, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers.

C.

Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in Subsections A. and B. shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Product Safety Commission.

D.

Whenever a building permit is issued for the remodel or modification of an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool, or spa be upgraded so as to be equipped with an antientrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

(Ord. No. 233, § IV, 12-11-2007)

Manufactured housing units may be used for temporary facilities subject to the following regulations:

A.

Manufactured housing units may be approved by the planning director for use as a subdivision sales and/or construction office, public or nonprofit use for a period not to exceed one year, the applicant may request an extension prior to its expiration.

B.

Except as provided for in Chapter 18.66 and Section 18.73.180(A), a conditional use permit shall be required for the temporary installation of a manufactured housing unit for any purpose, use or length of time.

C.

An application for temporary installation shall include the following items:

1.

A letter signed by the owner of the property or his/her authorized representative setting forth in detail:

a.

The location of the unit,

b.

The length of time such use shall be required,

c.

A statement of future plans which shall eliminate the necessity for the temporary installation and use of the unit;

2.

If a conditional use permit is required, all the requirements for a conditional use permit as established in Chapter 18.83.

D.

The approval for a temporary installation, either by the planning director or the planning commission shall no case exceed a period of two years from the date of approval.

(Ord. 126 § 2, Exh. A(part), 1990)

All public utility distribution and transmission lines shall be located underground unless otherwise approved by the site and architectural review board or city council.

(Ord. 126 § 2, Exh. A(part), 1990)

All open storage of motor vehicles, unmounted camper shells or cab-over-campers, building materials, appliances and similar materials shall be screened from all other properties and public streets by a six foot high solid block wall on nonresidential properties and a six foot high solid fence on residential properties, unless otherwise approved by the site and architectural review board or city council. This provision for screening shall not apply to recreational vehicle (RVs)/utility trailers stored or parked in a lawful manner in conformance with subsection 18.60.030(D)(6) of the Municipal Code.

(Ord. 210 § 4, 2004: Ord. 126 § 2, Exh. A(part), 1990)

All yards as required by this title shall be subject to the following regulations:

A.

All front, side and rearyards shall be open and unobstructed from the ground to the sky unless otherwise provided for in this title.

B.

All portions of any frontyard (fenced or unfenced) which is adjacent to a street or unfenced sideyard which is adjacent to a street, except for driveways, RV/utility trailer storage areas and walks, shall be landscaped with trees, shrubs, flowers, or other decorative plant materials and shall be permanently maintained in a

neat, attractive and weed-free manner. In no case shall, commercial vehicles or any miscellaneous materials be stored or parked in any required frontyard (fenced or unfenced) which is adjacent to a street or unfenced sideyard which is adjacent to a street. This provision for storage or parking shall not apply to recreational vehicles (RVs)/utility trailers stored or parked in a lawful manner in conformance with subsection 18.60.030(D)(6) of the Municipal Code.

C.

Architectural features (such as chimneys, cornices, eaves and canopies), uncovered porches, landing places, heating and air conditioning equipment, pool equipment or outside stairways may project up to five feet into a required side or rearyard but shall in no case extend closer than three feet to any side or rear lot line.

(Ord. 210 § 5, 2004: Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

Temporary uses with insignificant adverse, long-term impact on the environment, i.e., parking lot sales, rummage sales, Christmas tree sales, seasonal sales and others through the land use approval or administrative site and architectural approval process in accordance with Chapter 18.63, Site and Architectural Review, in the commercial and industrial uses other than residential.

(Ord. 151 § l(part), 1994)

Chapter 18.74 - PERFORMANCE STANDARDS

Sections:

The following requirements shall apply to the use of land throughout the City. The City has the authority to establish any conditions of approval on land uses to ensure conformance with these standards.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

Property owners are responsible for the continuous maintenance of all buildings, structures, yards, landscaping, signs, parking areas, and other improvements in a manner which does not detract from the appearance of the surrounding area.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

All uses shall comply with the noise standards set forth in the City's noise ordinance, contained in Chapter 8.108 of this Code.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

No operation or activity shall be permitted to emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable which is detectable with or without the aid of instruments at or beyond the property line

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, gases, mist, odors, or particulate matter, or other air contaminants or combinations which exceed any local, state or federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business either on site or abutting the subject site. Particulate matter shall not be discharged into the atmosphere in excess of the standards of Federal and State requirements.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

Uses shall be operated in compliance with the following provisions:

1.

The generation of vibration of a duration and intensity so as to be excessive, disturbing, or objectionable to persons located offsite, shall not be permitted

2.

Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

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

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

No operation, activity, sign, or lighting fixture shall create illumination on adjacent property that exceeds three foot-candles, whether the illumination is direct or indirect light from the source, as measured from the property line.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

No operation or activity shall cause any source of electrical or electronic disturbance that adversely affects persons or the operation of any equipment on any other lot and is not in conformance with the regulations of the Federal Communication Commission.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

No operation or activities shall be permitted which result at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewerage system.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)

No operation or action shall discharge at any point into any public or private street, public or private sewer, stream, body of water, or into the ground any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accord with applicable standards approved by governmental agencies having jurisdiction. All grading, grubbing, clearing, soil disturbance, an/or construction operations shall comply with the erosion control and best management practices of the City's current permit for the National Pollution Discharge Elimination System (NPDES), as it may be amended from time to time.

(Ord. No. 319, § 5(Exh. 1), 4-24-2018)