Article III — ADDITIONAL USES

16.16.060 - Uses provided for in any zone or land use district.

A.

Land uses listed in Section 16.16.060(A)(2) may be permitted or conditionally permitted in any zone or land use designation subject to the land use entitlement established in Table 1 and when one or more of the conditions cited in Section 16.16.060(A)(1) have been met. Land uses approved with a site plan review (SPR) shall be in accordance with the provisions in Chapter 16.12, Article II; and land uses approved with a conditional use permit (CUP) shall be in accordance with the provisions in Chapter 16.12, Article III.

1.

Condition of Uses.

a.

The location of land use is determined by other land uses which are directly supported by the proposed use; or

b.

The land use is part of the community or regional infrastructure; or

c.

The location of the proposed use is determined by the location of raw materials in their natural state such as mineral deposits, natural vegetation and energy sources; or

d.

The character of the proposed use is such that it requires a remote location away from other land uses; or

e.

The land use is deemed essential or desirable to the public convenience or welfare.

2.

Land Uses Permitted Subject to Land Use Approval. The additional uses in this section are provided in a table format and apply to all land use designations or districts in the city, including specific plan areas. Land uses are listed in the first (vertical) column of the table and required land use entitlements in the top (horizontal) row. An "X" in the corresponding column represents the required entitlement process. Footnotes are also provided and considered part of this Development Code.

Table 1

Notes:

1.

Cemeteries shall not be allowed in the R3 land use designation.

2.

Projects in nonresidential designations shall require approval of a SPR. Projects in residential and agricultural designations shall require approval of a CUP.

3.

Solar or Wind farms shall be subject to Section 16.16.036, Alternative Energy Technology Standards.

4.

These uses shall not be allowed in residential and agricultural land use designations or districts.

5.

A CUP shall be required in areas specified by the Main Street and Freeway Corridor Specific Plan.

6.

Shall be subject to Section 16.16.365(H). Self-storage facilities, also known as mini-storage facilities, shall not be allowed in zones prohibited by the Main Street and Freeway Corridor Specific Plan.

B.

Unless preempted by state or federal law, the specific land uses listed in Section 16.16.060(B)(2) shall be permitted or conditionally permitted in any zone or land use designation when, in the opinion of the reviewing authority, the conditions cited in Section 16.16.060(B)(1) have been met.

1.

Condition of Permitted Uses.

a.

The land use has been approved at public hearing by a state or federally appointed body or commission empowered to approve or license the land use;

b.

Notice has been given so as to provide an opportunity for those interested or affected by the proposed use to take part in local public hearings conducted by the state or federal body or commission approving the land use;

c.

The review process used by the approving agency has substantially addressed the same issues and concerns that would be addressed in applicable city review and approval process;

d.

The approving state or federal body or commission has made a reasonable effort to respond to concerns expressed by the City of Hesperia.

e.

The approval of the land use would not have a substantial detrimental effect on the public health, safety and welfare;

f.

Approval of the land use has complied with applicable provisions of the California Environmental Quality Act;

g.

The land use is consistent with the city's general plan.

2.

Permitted Uses.

a.

Projects approved by the State Energy Commission;

b.

Projects approved by the U.S. Forest Service;

c.

Projects approved by the Bureau of Land Management;

d.

Projects approved by the State Lands Commission;

e.

State or federal water projects.

(Ord. 250 (part), 1997; Ord. 208 Exh. A (part), 1995; SBCC § 87.1901)

(Ord. No. 2012-07, § 3(Exh. A), 6-19-12; Ord. No. 2019-03, § 3(Exh. A), 2-5-19; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.16.061 - Mobile food vehicle regulations.

A.

Purpose and intent. The city expressly finds that mobile food vehicles have the potential to pose traffic hazards and special dangers to the public health, safety and welfare. It is the purpose and intent of the city, in enacting this section, to provide responsible companies and persons, which engage in the operation of a mobile food vehicle, with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.

B.

Regulations for all mobile food vehicles. It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of, or offering for sale, any hot and/or cold foods and related goods or merchandise, from any mobile food vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or public/private property in the city, except in accordance with all applicable provisions of this section. All mobile food vehicles and their operators conducting business in the city shall comply with the following:

i.

Shall obtain a business license for each mobile food vehicle before vending in the city. In addition, the mobile food vehicle shall possess a mobile food services permit, a temporary use permit or a temporary special event permit.

ii.

Shall have a decal and letter grade posted on the vehicle issued by the county health department;

iii.

Shall obtain property owner authorization when temporarily or permanently vending on private property;

iv.

Shall carry evidence of written property owner authorization at all times;

v.

Shall not be stationed within a street or a public way or within the clear sight triangle;

vi.

Shall not be stationed within five hundred (500) feet from any operating commercial restaurant building in the City of Hesperia, unless the mobile food vehicle is operated by said restaurant;

vii.

Shall not be stationed in any location that blocks or otherwise interferes with the free movement of vehicles, pedestrians, or accessible (handicap) parking or path of travel;

viii.

Shall not back up in a street or a public way to make or attempt to make a sale;

ix.

Shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the food vehicle shall pick up all refuse generated by such operation within a fifty-foot radius of the vehicle before such vehicle is moved;

x.

Shall be subject to other regulations in the Hesperia Municipal Code, including but not limited to noise and light/glare regulations;

xi.

A commercial property or shopping center, which has three or more mobile food vehicles at the same time, shall be required to obtain a temporary use/special event permit;

xii.

It is unlawful and a public nuisance for any person to operate a mobile food vehicle upon any private property within the city, where notice of such prohibition has been posted and is clearly visible from at least two entrances to the prohibited area or in the immediate area where such activity is prohibited. If the property has a single (sole) entrance, posting a notice at one entrance shall be sufficient. This provision shall not apply to mobile food vehicles participating in any event for which a temporary use/special event permit has been granted or for a community event.

xiii.

If there is a dispute that the property owner cannot resolve, the director may order the signs to be posted consistent with Section 16.16.062(B)(xii) and the property owner to obtain a temporary use permit/special event permit.

xiv.

Other mobile food vending apparatuses, not classified as mobile food vehicles, shall be regulated by Chapter 5.24, Peddling, Soliciting and Hawking and/or subsequent amendments;

xv.

Upon applying for a permit, evidence shall be submitted demonstrating that the operator or vendor has obtained a sellers permit from the state board of equalization;

xvi.

No person shall drive or operate or cause or permit to be driven any mobile food vehicle in the city unless the operator or the vendor thereof shall have obtained a liability insurance policy from a responsible and solvent corporation, authorized to issue such policies under the laws of the state, insuring such operator or vendor and covering the mobile food vehicle. The City of Hesperia shall be named as an additional insured under the policy. The director of development services or his/her designee may waive the insurance requirement for minor events or temporary use permits;

xvii.

The director of development services or his/her designee is responsible for interpreting this section and determining which permit is applicable to a particular circumstance;

xviii.

Shall pay license or permit fees in an amount established by the city council.

C.

Roaming mobile food vehicles: All mobile food vehicles that roam throughout the city, as defined in this Code, shall comply with the following:

a.

Shall possess a mobile food services permit before vending in the city. The mobile food services permit shall be an annual permit;

b.

Prior to the city issuing a business license and a mobile food service permit, the applicant of a mobile food vehicle shall submit the following information:

i.

Name of company and person(s) responsible for the vehicle;

ii.

Address and telephone of company and person(s) responsible for the vehicle;

iii.

A copy of a California driver's license of person(s) responsible for the vehicle;

iv.

License plate number, evidence of the vehicle's current registration, and vehicle identification number for the vehicle;

v.

Two pictures of the vehicle from two sides;

vi.

A brief description of the business;

vii.

A list of properties on which the mobile food vehicle will be stationed, as well as property owner authorizations that correspond to those properties. The properties may be listed by address or parcel number (APN);

viii.

Upon business license renewal and subsequent renewals, vendors shall provide an updated list of sites on which the mobile food vehicle has been, or will be, stationed throughout the previous and upcoming year, as well as owner authorizations that correspond to those properties;

c.

Shall comply with regulations in Section 16.16.062(B);

d.

Mobile food vehicles shall not be stationary on any site for a period exceeding sixty (60) minutes, unless a readily available toilet and handwashing facility are provided within two hundred (200) feet of the vehicle. After the allotted time, vehicles shall not vend on the same property, or within five hundred (500) feet of that property, for a period of two hours;

e.

Shall not operate between the hours of 9:00 p.m. and 8:00 a.m. within any residential designated area and shall not operate within one hundred fifty (150) feet from any residential designated property;

f.

Shall prominently display the company's name, address and phone number with two-inch-minimum letters and numbers on both sides of the vehicle;

g.

One portable sign, not to exceed twenty (20) square feet and a height of four feet, may be displayed outside of a mobile food vehicle when displayed in conjunction with an operating mobile food vehicle. The sign shall be considered part of the mobile food vehicle and cannot be placed where the vehicle would otherwise be prohibited. The sign shall be removed upon the mobile food vehicle leaving the property;

h.

The mobile food service permit shall not be transferrable to a different vehicle, person, company, operator or vendor. The city shall be notified in writing if there are changes in the contact information for the person(s) responsible or company;

i.

Upon the applicant demonstrating compliance with these regulations, a mobile food service permit may be issued by the director of development services or his/her designee.

D.

Temporary Use/Special Event Permit. Mobile food vehicles may be permitted with a temporary use permit or temporary special event permit consistent with Sections 16.12.370 thru 16.12.390 of the Development Code and subject to the following:

a.

Temporary Use Permit. Food trucks that are stationary for a period of more than sixty (60) minutes on a property, and not part of a special event, shall obtain a temporary use permit.

b.

Temporary Special Event Permit. Mobile food vehicles may operate as part of a special event or festival only when a temporary special event permit has been granted for such event. Special events with one or more mobile food vehicles shall obtain a temporary special event permit.

c.

Mobile food vehicles allowed with a temporary use permit or temporary special event permit shall be subject to the following:

i.

Mobile food vehicles shall be subject to the regulations in Section 16.16.062(B);

ii.

Shall not conflict with site features, including but not limited to parking and access requirements, required by the Development Code;

iii.

All mobile food vehicles that are situated on a property for a period exceeding sixty (60) minutes shall maintain adequate restrooms and hand washing facilities within two hundred (200) feet consistent with state law;

iv.

May require a conditional use permit where the magnitude or longevity of the use requires the permit and/or approval in the discretion of the director;

v.

A parcel shall be limited to six special events with mobile food vehicles per calendar year. An event which takes place on Friday, Saturday and Sunday on one weekend will be considered one event, for the purposes of calculating the number of events per property. If Monday occurs on a legal holiday, it will be considered part of a weekend.

d.

The applicant for a temporary use permit or temporary special event permit shall supply a site plan and other information the city may reasonably require based upon the location, intensity, and level of services required for each proposed use or event.

i.

The applicant must show or provide, at a minimum, the following information:

(1)

Location(s) of vending/staging area(s);

(2)

Existing site features (e.g. property lines, buildings/structures, parking areas, drive aisles, drive approach, etc.);

(3)

Provisions for adequate ingress/egress and adequate parking;

(4)

Trash receptacles;

(5)

Restrooms;

ii.

For special events, with anticipated attendance of over five hundred (500) persons, the applicant must show or provide, in addition to the above, the following information:

(1)

Sanitary facilities;

(2)

Noise impact(s);

(3)

Site lighting;

(4)

Special traffic control measures, including the use of traffic enforcement officers, barricades, cones, signs, maps and any other traffic control devices of any type;

(5)

Fire protection, including location of fire hydrants and supplemental water: sources;

(6)

Medical/first aid facilities;

(7)

Water facilities.

e.

Upon the applicant demonstrating compliance with the regulations, a temporary use permit or a temporary special event permit may be issued by the director of development services or his/her designee;

E.

Community Events. Mobile food vehicles operated in conjunction with a community event are not required to obtain a mobile food services permit, a temporary use permit or a temporary special event permit. A community event means an event that is of civic, public, or educational nature, including city festivals, circuses, farmer's market, and other public gathering events, that is sponsored by a public agency or occurs on public premises. Authorization from the public agency shall be required;

F.

Actions as a Result of Violations:

a.

Denials. The director of development services or his/her designee may deny an application for a mobile food services permit, a temporary use permit, a temporary special event permit or renewal thereof, if there is evidence on the record that the mobile food vehicle has operated, or the event operator has operated an event, within the city, in violation of the law; and/or poses a threat to the public's health, safety or welfare.

b.

Conditions of approval. The director of development services or his/her designee may place operating conditions as a condition of approving the permit. It shall be unlawful and a public nuisance to violate any condition of approval associated with a permit issued pursuant to this section.

c.

Appeals. Denial of a mobile food service permit, temporary special use permit or temporary special event permit or conditions of approval thereof, may be appealed consistent with the provisions in Section 16.12.055 of the Development Code.

d.

Revocation of a permit. Any mobile food service permit, temporary use permit, or temporary special event permit for a mobile food vehicle may be revoked consistent with the provisions in Section 16.12.075 of the Development Code.

(Ord. No. 2013-01, § 3(Exh. A), 2-5-13)

Editor's note— Ord. No. 2013-01, § 3(Exh. A), adopted February 5, 2013, amended the Code by adding provisions designated as a new § 16.16.062. Inasmuch as there already exist provisions so designated, the provisions of Ord. No. 2013-01, § 3(Exh. A) have been included herein as a new § 16.16.061 at the discretion of the editor. See also the Code Comparative Table and Disposition List.

16.16.062 - Wireless communications facilities.

A.

Definition. For the purpose of this section the following definitions apply:

1.

"Facility" means any facility, device or apparatus, including, but not limited to, telecommunications towers, satellite dishes, antennae and buildings or other types of communication array for the transmission or receipt of wireless telecommunications, radio communications or radio-transmission of energy. However, "facility" shall not include, and this section will not apply to, any satellite dish or parabolic antenna of two meters or less in diameter or diagonal measurement.

2.

"Telecommunications tower" means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications

facility antennas including but not limited to monopoles, monopines, monopalms and similar monopoles camouflaged to resemble faux trees or other faux objects (e.g. water towers).

B.

The placement, construction, modification and use of a facility may be permitted subject to the prior approval of a conditional use permit by the planning commission.

C.

In addition to those items required to be submitted with an application for a conditional use permit as provided in the code, the applicant shall submit the following with its application:

1.

A proposed service plan for the city and sphere area to justify the location, design and height of any proposed facility, including but not limited to a propagation map and alternative site analysis;

2.

Proof that the applicant has obtained all necessary approvals for the facility from the Federal Communications Commission, the California Public Utilities Commission, or other governmental agency having jurisdiction over the facility and that the proposal is consistent with such approvals;

3.

A statement of the term during which the facility will be put to use and a bond or irrevocable letter of credit in an amount to cover the reasonable cost of removing the facility in the event of abandonment. Such bond or irrevocable letter of credit shall be made payable to the city upon demand in the event of abandonment and shall not expire before the end of the term during which the facility is to be used.

D.

The planning commission shall decide to approve or deny an application for a conditional use permit for the placement, construction, modification and use of a facility in consideration of the following:

1.

The placement of each facility shall be consistent with the applicable land use district in which the facility is proposed;

2.

Each facility shall not be taller than the maximum height allowed in the land use district in which the facility is proposed, without concurrent approval of a variance by the planning commission;

3.

Any telecommunications tower proposed to be taller than fifty (50) feet in height shall be designed to accommodate the co-location of at least one other facility. A co-location agreement, valid for the life of the

telecommunications tower, shall be recorded as approved by the city attorney;

4.

A facility shall be located at least one thousand (1,000) feet from the nearest legally established facility. This requirement shall be reduced to five hundred (500) feet for any new facility that is proposed to be located on any of the following land uses, provided that the site is at least five acres:

a.

Any park site;

b.

Any site that is designated as "public" on the city's general plan land use map;

c.

Any public or private school campus;

d.

Any church that is the sole occupant of a site;

e.

Any site that is designated as "commercial" or "industrial" on the city's general plan land use map with a minimum of thirty thousand (30,000) square feet of developed structures on-site;

f.

Any golf course; and

g.

Within a designated "utility corridor" as shown on the city's general plan land use map (this provision is not subject to the five acre minimum).

5.

The design features and height of each facility shall be consistent with the applicable land use district in which the facility is proposed. In determining the appropriateness of design features and height of a proposed facility, the planning commission shall consider:

a.

The intended service area of the facility,

b.

The reasonable possibility of co-locating the facility with another existing facility,

c.

The reasonable possibility of locating the facility on an existing structure,

d.

The reasonable possibility of locating the facility on any of the land uses identified in Section 16.16.062(D) (4) of this article,

e.

The reasonable possibility of designing the facility to conceal its intended purpose and minimize the potential visual impacts. At a minimum, the location and design of the facility must be in concert with its surroundings,

f.

The facility to the greatest extent feasible shall be designed so that it is aesthetically and architecturally compatible with the surrounding use,

g.

A facility mounted on a building or structure shall be aesthetically and architecturally compatible with the building or structure or shall be screened with materials that are aesthetically and architecturally compatible with the building,

h.

The facility shall have subdued colors and be covered with non-reflective materials,

i.

The facility as proposed shall have been approved by the Federal Communications Commission, California Public Utilities Commission or other governmental agency having jurisdiction over the facility and the facility shall be consistent in matters with such approvals, and

j.

The availability of alternate sites proposed to be located within the same land use district within which the facility is proposed to be located and the availability of reasonably and functionally equivalent alternate sites located in land use districts other than that within which the facility is proposed to be located.

E.

In the event a facility is abandoned, the holder of the conditional use permit for the facility shall remove the facility at its sole cost and expense. A facility shall be considered abandoned if it ceases to be used as allowed in the conditional use permit for more than one hundred eighty (180) consecutive days.

F.

In the event the planning commission denies an application for a conditional use permit for a facility, it shall render its decision in writing and shall support its decision by substantial evidence in the written record.

(Ord. 290 § 4 (Exh. A), 2000)

(Ord. No. 2015-13, § 3(Exh. A), 1-19-16)

16.16.063 - Alternative energy technology standards.

A.

Windmills, as defined by Section 16.08.890, shall be permitted in accordance with Section 16.16.064 and subject to the provisions as provided herein.

1.

The structure and all appurtenant equipment for all tower-mounted windmills shall be located behind the primary building, not within the front or street side yard, and a minimum setback of equivalent to the overall structure height from the side and rear property lines. Guy wires may encroach into the minimum setbacks, but shall not encroach over property lines.

a.

Windmill(s) may be located up to twenty-five (25) percent closer to the front property line than the primary building when the primary building is located within the rear twenty-five (25) percent of the lot if approved under a minor exception application pursuant to Article VI of Chapter 16.12.

b.

To allow the setback reduction above, it shall be demonstrated that the windmill(s) meet the minimum noise requirements within Section 16.16.063(A)(3) and under no circumstances shall a windmill be located within the minimum front yard setback or a recorded building setback line.

2.

The structure may need to be farther from the property lines based upon the required specifications regarding noise identified in Section 16.16.063(A)(3).

3.

Specifications on the noise produced by the windmill shall be submitted for windmills within all zone districts, identifying the distance from the structure to the property line to meet the city's noise ordinance. The setback shall be increased should the manufacturers' specifications evidence that the windmill would exceed the evening noise standard at any property line.

4.

Tower-mounted windmills shall not exceed the height limitation of the zone district in conjunction with the special height increases of Section 16.20.060 except for developed properties in residential and agricultural designations as defined below. The height shall be measured to the top of the blades or rotors or any other

portion of the windmill, which extends farthest above ground level. The blades and rotors of the windmill shall be a minimum of fifteen (15) feet above ground level at the lowest point to ensure the safety of persons and property beneath.

a.

The height of windmills on lots less than ninety thousand (90,000) square feet in net area may be equivalent to one-half the lot width.

b.

Windmills on lots ninety thousand (90,000) square feet or larger in net area may be up to eighty (80) feet in height.

c.

Windmills on lots exceeding 2.5 gross acres and less than five gross acres in size may be up to one hundred (100) feet in height.

d.

Windmills on lots five gross acres or larger in area may be up to one hundred twenty (120) feet in height.

e.

Approval of additional height beyond the limits described in Section 16.063(A)(4) shall require approval of a variance.

5.

Multiple tower-mounted windmills are allowed subject to compliance with the minimum setback and accessory structure lot coverage limitations as well as in conformance with the noise ordinance. The area of a windmill is defined as the circular area measured horizontally at the farthest spread of the rotors/blades of the windmill from the pole in determining accessory structure lot coverage.

6.

Roof-mounted windmills shall not exceed fifty (50) feet or the height regulation of the zone district, whichever is greater. Approval of a minor exception is needed to exceed the height restriction by up to ten percent and approval of a variance shall be required to exceed the allowed height beyond ten percent. Roof-mounted windmills do not qualify for the special height increases of Section 16.20.060. The height shall be measured from the ground to the top of the blade/rotor or any other portion of the windmill.

7.

Specifications on the noise produced by the windmill shall be submitted pursuant to Section 16.16.063(A) (3), identifying the distance from the structure to the property line necessary to meet the city's noise ordinance. The windmill shall be located so that it does not exceed the evening noise standard at any property line.

8.

All windmills shall be a light gray, white, or other city-approved non-reflective color to minimize visual disruption of the area. Use of conspicuous colors is prohibited. Windmills shall not contain signs or be illuminated, unless required by state or federal law.

9.

Nothing in this development code amendment shall be construed to affect the structural requirements for any windmill, as enforced by the building and safety division. All windmills shall require issuance of a building permit prior to installation.

10.

All mechanical equipment associated with the windmill located outdoors shall be secured by a minimum five-foot high fence to prevent unauthorized access. Ladders or step bolts on the side of towers shall be a minimum of nine feet above ground level or shall be equipped with an approved method to prevent unauthorized access.

11.

Windmills shall be equipped with manual and automatic controls to limit the operational speed of the blades/rotor to the design limits of the windmill. An automatic braking, governing or feathering system shall also be provided to prevent uncontrolled rotation.

12.

No windmill shall cause any electromagnetic interference.

13.

Windmills shall be kept in good working order and shall be maintained in an aesthetic state. All windmills which are in a nonoperational state for one hundred eighty (180) consecutive days or more shall be considered abandoned and shall be dismantled and removed from the property at the owner's expense.

14.

Wind farms shall be allowed in, institutional and industrial designations or districts with approval of a conditional use permit.

a.

Wind farms shall not be permitted within six hundred sixty (660) feet of a railway spur, any interstate, highway, or major arterial, arterial, or Secondary Arterial roadway; or any agricultural or residentially designated property.

A.

In addition to those items required to be submitted with an application for a conditional use permit as provided in the code, the applicant shall submit the following with its application:

1.

A proposed service plan for the city and sphere area to justify the location, design and height of any proposed facility;

2.

Prior to issuance of a building permit, the applicant shall obtain all necessary approvals for the facility from Southern California Edison, the California Public Utilities Commission, or other governmental agency having jurisdiction over the facility and that the proposal is consistent with such approvals;

3.

A statement of the term during which the facility will be put to use and a bond or irrevocable letter of credit in an amount to cover the reasonable cost of removing the facility in the event of abandonment. Such bond or irrevocable letter of credit shall be made payable to the city upon demand in the event of abandonment and shall not expire before the end of the term during which the facility is to be used.

B.

In the event a facility is abandoned, the holder of the conditional use permit for the facility shall remove the facility at its sole cost and expense. A facility shall be considered abandoned if it ceases to be used as allowed in the conditional use permit for more than one hundred eighty (180) consecutive days.

B.

Solar systems which exceed fifteen (15) percent of the lot area shall not be considered an accessory use and shall be defined as a solar farm. Roof-mounted solar systems may cover the entire roof of the primary dwelling unit, excluding the area of the roof needed for fire accessibility. Solar farms shall only be allowed on nonresidential and nonagricultural designated properties with approval of a conditional use permit by the planning commission. Solar farms shall not be permitted within six hundred sixty (660) feet of a railway spur, any interstate, highway, or major arterial, arterial, or secondary arterial roadway; or any agricultural or residentially designated property.

1.

In addition to those items required to be submitted with an application for a conditional use permit as provided in the code, the applicant shall submit the following with its application:

a.

A proposed service plan for the city and sphere area to justify the location, design and height of any proposed facility;

b.

Prior to issuance of a building permit, the applicant shall obtain all necessary approvals for the facility from Southern California Edison, the California Public Utilities Commission, or other governmental agency having jurisdiction over the facility and that the proposal is consistent with such approvals;

c.

A statement of the term during which the facility will be put to use and a bond or irrevocable letter of credit in an amount to cover the reasonable cost of removing the facility in the event of abandonment. Such bond or irrevocable letter of credit shall be made payable to the city upon demand in the event of abandonment and shall not expire before the end of the term during which the facility is to be used.

d.

A decorative screening fence or wall shall be installed along the perimeter of the solar farm. The type and height of the fencing shall be subject to review and approval.

2.

In the event a facility is abandoned, the holder of the conditional use permit for the facility shall remove the facility at its sole cost and expense. A facility shall be considered abandoned if it ceases to be used as allowed in the conditional use permit for more than one hundred eighty (180) consecutive days.

(Ord. No. 2009-12, § 3, 2-16-10; Ord. No. 2011-08, § 3(Exh.A), 8-2-11; Ord. No. 2012-07, § 3(Exh. A), 6-1912)

1 This includes rural residential, as well as single-family residential, rural residential and agricultural districts within Specific Plan and Planned Development districts.

2 This includes similar commercial districts within Specific Plan and Planned Development districts.

3 This includes similar industrial and institutional districts within Specific Plan and Planned Development districts.

(Ord. No. 2009-12, § 3(Exh. A), 2-16-10; Ord. No. 2011-08, § 3(Exh. A), 8-2-11)

A.

Bed and breakfast uses as defined in Section 16.08.080, shall be permitted in all residential zone/land use districts and all zone/land use districts where residential uses are permitted.

B.

Requirements.

1.

Only one family dwelling structure, including habitable accessory structures shall be considered for bed and breakfast uses.

2.

This use shall be conducted as an accessory use only; the residential structure shall serve as the primary residence of the owner. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where the said use is proposed.

3.

Permits—Taxes.

a.

All bed and breakfast uses shall be subject to:

i.

Special use permit as specified in Chapter 16.12. The special use permit is renewable annually;

ii.

Health permit as required by county and state requirements; and

iii.

Transient occupancy tax (bed tax).

b.

Application for a permit shall be made by the resident property owner or his legal agent having power of attorney to make such application.

4.

Where deemed appropriate by the building official, owners/operators of bed and breakfast uses shall be required to sign and record a certificate of land use compliance and abide by the provisions outlined therein.

C.

Findings. Prior to acting upon an application for a special use permit for a bed and breakfast use, the reviewing authority shall find that all the following are true:

1.

That the site upon which the bed and breakfast use is to be established, shall conform to all standards of the zone/land use district in which it is located, and that the site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas and other applicable requirements of the code;

2.

That the residential character of the neighborhood in which the use is located shall be maintained and preserved and that the issuance of the permit shall not be significantly detrimental to the public health, safety and welfare or injurious to the vicinity and district in which the use is located.

D.

Conditions.

1.

Structural Features.

a.

All dwelling units proposed for bed and breakfast use must comply with standards and specifications of the Building Code, and shall also be subject to the room occupancy standard outlined in the State Housing Law (as amended).

b.

Each guest room shall be equipped with a fire extinguisher and a smoke detector conforming to Building Code Standards (UBC No. 43-6), and exit/egress and an emergency evacuation map must be displayed in a prominent location in each guest room.

2.

Accesses and Driveways. The owner shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants' use at all times.

3.

Parking. In addition to the required parking standards for residential uses, one parking stall nineteen (19) feet in length and nine feet in width shall be provided on-site for each guest room. Such additional parking spaces shall comply with the location and design standards established by the applicable zone/land use district and the provisions of this title. Neither on-street parking nor tandem parking shall be used to satisfy this on-site parking requirement. Additional parking spaces may be required when deemed necessary by the reviewing authority.

4.

Design Standards.

a.

A bed and breakfast use shall not be permitted in a dwelling that is located on a site that has less than the applicable net lot area specified by the underlying zone/land use district.

b.

Alterations and modifications may be made to the structures and the site but such alterations shall be compatible with the character of the neighborhood. Such alterations and modifications shall also comply with all applicable provisions, requirements and standards of the municipal code.

c.

Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where such parking is located within the front yard setback.

d.

Any lights used to illuminate the site shall be designed so as to reflect away from adjoining properties and public thoroughfares.

e.

A nonilluminated identification sign, not to exceed six square feet in area is permitted. If not attached to the residence, such sign shall not exceed six feet in height and must blend with the architectural style of the structure and the neighborhood.

f.

No bed and breakfast use shall be permitted where more than two such uses currently exist within one thousand (1,000) feet of the perimeter of the proposed site.

Kitchen Facilities.

a.

There shall be no cooking facilities permitted in guest rooms.

b.

The sale of food or other materials is limited to guests who are currently residing on the premises where the use is located and not to the general public.

6.

Records of Patrons. Records of all guests who patronize the bed and breakfast establishment shall be preserved for a minimum period of three years before such records are discarded.

7.

Miscellaneous Conditions.

a.

Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.

b.

The use shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

c.

There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

d.

The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises and vibrations.

e.

The uses of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

E.

Penalty for Noncompliance. The reviewing authority may void any special use permit for a bed and breakfast use for noncompliance with the conditions set forth in approving the permit, and shall give notice

of such action to the permittee.

F.

Types of Bed and Breakfast Uses. Bed and breakfast uses shall be classified into three types:

1.

Host Home (having one or two guest room[s]).

a.

Such use shall not be permitted on a site that is less than five thousand (5,000) square feet of net lot area. A minimum net lot area of seven thousand two hundred (7,200) square feet is required for host homes with two guest rooms.

b.

Such homes shall have a minimum of two bathrooms.

2.

Bed and Breakfast Home (having three to five guest rooms).

a.

In addition to the special use permit, such use shall be subject to site approval as specified by Section 16.12.080 of this code.

b.

This use shall not be permitted on a site that has less than the net lot area specified below:

c.

Such home shall have a minimum of three bathrooms.

3.

Bed and Breakfast Inn/Lodge having a minimum of six and a maximum of ten guest rooms.

a.

Structures of Historical, Architectural and Cultural significance.

i.

Only residential structures that have been determined to be of historical, architectural or cultural significance by the planning commission, or properties which are on the state or national listing of structures of historical significance shall be permitted to be used as a bed and breakfast inn/lodge.

ii.

The planning commission may establish historic and scenic preservation standards and shall review the proposal for a determination of historical, architectural or cultural significance. In making such determination, the planning commission shall consider the:

(A)

Architecture of the structure noting the history, uniqueness and style of the design;

(B)

Historical and/or cultural value(s) of the property and/or the site;

(C)

Age of the structure and its physical and structural condition.

iii.

After such determination, the structure shall be placed on the city's register of historic and scenic properties.

b.

The planning commission may require the preservation and maintenance of significant permanent landscaping features and significant historical, architectural and/or cultural features of the structure and/or property.

c.

A residential building that has been declared a historical structure shall be subject to prealteration inspection by a designated city official prior to application for bed and breakfast use and report of such inspection must accompany the application.

d.

All historical structures proposed for bed and breakfast uses shall comply with all current applicable Building Code standards, including those regarding historical building and those pertaining to the physical and structural conditions of the building and the site.

e.

In addition to the special use permit, this use shall be subject to site approval as specified by Section 16.12.080 of the this code.

f.

This use shall not be permitted on a site that has less than twenty thousand (20,000) square feet of net lot area and one thousand (1,000) square feet of additional net lot area shall be required for each additional guest room over six.

g.

Such home shall have a minimum of four bathrooms. The owner shall provide access for the physically handicapped.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 87.2120)

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.16.070 - Recycling facilities.

A.

Requirements. No person, corporation or legal entity shall place or permit the placement and/or operation of any recycling facility, including a reverse vending machine, collection facility or processing facility without first obtaining any permits required pursuant to the provisions set forth in this chapter. Recycling facilities may be permitted as set forth in the following table.

All facilities including reverse vending machines having an area of fifty (50) square feet or less may in addition to other designated permits be subject to the special use permit as specified in Section 16.12.005(A)(3) and/or health permits as may be required by city or county laws.

B.

Criteria and Standards. Recycling facilities subject to conditional use permit/or special use permit, shall meet the applicable criteria and standards listed below; provided, that the development services director, planning commission or city council, as the case may be, may relax such standards or impose stricter

standards at their discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter and the purposes of this title. The criteria and standards for recycling facilities are as follows:

1.

Reverse Vending Machines. Reverse vending machines do not require any permits under this title.

2.

Small Collection Facilities.

a.

Facility shall be established in conjunction with a fixed base host business which is in compliance with the zoning, building and fire codes and shall not occupy more than five hundred (500) square feet of floor space and within a convenience zone;

i.

One recycling facility, capable of redeeming all forms of recyclable materials as provided herein shall be permitted in each convenience zone. A "convenience zone" is defined as the area within one-half mile of a supermarket. In the event two or more permit applications are received for a convenience zone which does not possess a recycling facility, the development services director or his/her designee, in his/her discretion, may choose to allow a second facility based on other factors such as convenience of use for pedestrian and vehicular traffic safety, aesthetic and site compatibility.

b.

Recycling facilities shall be conveniently accessible to pedestrians and vehicles and shall be designed to include safety provisions for separating pedestrian and vehicular traffic (i.e., special walkways, drive aisles, bollards, safety lighting, etc.);

c.

Recycling facilities shall be designed in a manner consistent with the architecture and site and it is encouraged to use existing planters and site features when choosing a location;

d.

Containers shall be constructed and maintained with durable, waterproof and rustproof material and shall be covered and secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

e.

Containers shall be clearly marked to identify the type(s) of recyclable(s) which may be deposited and shall accept only CRV labeled glass, metal or plastic containers, paper and reusable items. Scrap material is not allowed at any small collection facility;

f.

The facility shall be clearly marked to identify the name and telephone number of the facility operator;

g.

Recycling facilities shall be maintained in good repair and the area immediately surrounding the recycling facility shall be maintained in a litter-free condition. All storage of recyclable material shall be within the recycling facility or related enclosed structure;

h.

The facility shall be set back at least fifty (50) feet from any arterial street and twenty-five (25) feet from any other street and shall not obstruct pedestrian or vehicular circulation;

i.

The facility shall not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto;

j.

The noise level shall not at any time exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property; and shall not exceed seventy (70) dBA at any portion of the property line;

k.

Small collection facilities shall not include power-driven sorting and/or consolidation equipment, such as crushers or bailers, except reverse vending machines;

l.

In addition to the signs and certificates issued by the local enforcement agency for the California Integrated Waste Management Board, which must be displayed by the operator/processor and the informational signs required by this chapter:

i.

Recycling facilities may have identification signs with a maximum area of fifteen (15) percent per side of a structure or sixteen (16) square feet, whichever is larger. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

ii.

Signs shall be painted or attached. No banners, flags, or streamers are permitted;

iii.

Directional signs with no advertising message, may be installed with the approval of the Director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

m.

Use of the facility for collection of scrap metal, solid wastes, yard waste, or hazardous wastes, as defined in Section 16.08.775 is prohibited;

n.

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration;

o.

Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall be in operation during the hours between nine a.m. and seven p.m., and otherwise during the hours of operation of the host business;

p.

Containers for the twenty-four-hour donation of materials shall be at least thirty (30) feet from any property zoned or occupied for residential use unless there is a recognized service corridor or acoustical shielding between the containers and the residential use;

q.

The facility shall conform to all development regulations for the zoning/land use district in which it is located;

r.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during the hours when the mobile unit is scheduled to be present;

s.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

i.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

ii.

Existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; and

iii.

The permit will be reconsidered at the end of twelve (12) months. If parking issues or conflicts exist, the collection facility may be moved to another location within the convenience zone.

Parking credits in an established parking facility may then be granted as follows:

For a commercial host use:

For a community facility host use:

A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use.

3.

Large Collection Facilities. A large collection facility is one that is larger than five hundred (500) square feet, or is on a separate property not appurtenant to a host use, and may have a permanent building. A large collection facility is permitted in designated industrial zone/land use districts with approval of a conditional use permit; provided the facility meets the following standards:

a.

Facility is located at least one hundred fifty (150) feet from the property line of any lot zoned or planned for residential use;

b.

Facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by an opaque fence at least six feet in height with landscaping and shall meet all applicable noise standards specified in this chapter;

c.

Setbacks and landscape requirements shall be those provided for the zone/land use district in which the facility is located;

d.

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition, or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the building and safety department. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

e.

Site shall be maintained free of litter, dust, flies and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

f.

Space shall be provided on-site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning agency determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

g.

One parking space shall be provided for each commercial vehicle operated by the recycling facility. Parking requirements shall be as provided for in the zone/land use district in which the facility is located; except, that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;

h.

Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned property, and shall not exceed seventy (70) dBA at any portion of the property line;

i.

If the facility is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.;

j.

Any containers or enclosures provided for after-hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned, planned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secured from unauthorized entry or removal of materials;

k.

Donation areas shall be kept free of litter and any other undesirable material and the containers shall be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;

l.

Facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the zone; and directional signs may be installed with the approval of the planning officer if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

m.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved at the discretion of the planning agency if noise and other conditions are met.

n.

Use of the facility for collection of scrap metal, solid wastes or hazardous wastes, as defined in Section 16.08.775 is prohibited:

4.

Processing Facilities.

a.

Facility shall be located at least one hundred fifty (150) feet from property planned, zoned or occupied for residential use unless operations take place within a fully enclosed building. If outdoor storage area is proposed it must be located one hundred fifty (150) feet from any residential use and shall be in an area enclosed by a solid wood or masonry fence at least six feet in height.

b.

Setbacks from property lines shall be those provided for the zoning/land use district in which the facility is located, but if less than twenty-five (25) feet, the facility shall be buffered by a landscape strip at least ten feet wide along each property line;

c.

If the facility is located within five hundred (500) feet of property planned, zoned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility shall be administered by on-site personnel during the hours the facility is open;

d.

Noise level shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed seventy (70) dBA at any point;

e.

Sign criteria shall be those provided for the zoning district in which the facility is located and the provisions specified in Chapter 16.36. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;

f.

Any containers or enclosures provided for afterhours donation of recyclable materials shall be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secured from unauthorized entry or removal of materials;

g.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;

h.

No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties;

i.

Power-driven processing shall be permitted; provided, all noise level requirements are met. Light

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

j.

Reserved.

k.

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

l.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the building official. No storage excluding truck trailers and overseas containers shall be visible above the height of the fencing;

m.

Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present;

n.

Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten customers except where the reviewing authority determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

o.

One parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by the zone in which the facility is located.

C.

Site Clean-Up Required. The operator and host business of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon the failure to remove said materials, the city may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such clean-up work done by the city.

(Amended during 1997 codification; Ord. 75 § 2 (part), 1990; SBCC § 87.2125)

(Ord. No. 2009-14, § 3(Exh. A), 1-5-10; Ord. No. 2013-08, § 4(Exh. A), 8-20-13; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.16.072 - Reserved.

Editor's note— Ord. No. 2017-06, § 4, adopted March 21, 2017, repealed § 16.16.072, which pertained to residential care facilities, group homes, and sex offender residency and derived from Ord. No. 2007-07, 2007 and Ord. No. 2014-15, adopted August 19, 2014.

16.16.073 - Reserved.

Editor's note— Ord. No. 2017-15, § 4(Exh. A), adopted December 5, 2017, repealed § 16.16.073, which pertained to medical marijuana dispensary and derived from Ord. No. 2005-12, § 5, 11-16-05)

16.16.074 - Commercial community enhancement ordinance.

The following uses are prohibited because it has been determined that such uses contribute to the decline of the health, safety and welfare of city residents and create blight, deter quality businesses from operating or otherwise create a sense of economic decline in commercial neighborhoods. This section is applied citywide, including areas within the Main Street and Freeway Corridor Specific Plan.

The uses listed below are not a comprehensive list of all prohibited uses. Other uses not listed as either permitted and conditional permitted or within this prohibited use section, may be determined permitted or prohibited by the director development services or designee based upon the similarity of other uses. Any use which violates local, state or federal laws is also prohibited:

A.

Prohibited Uses.

1.

Gold exchange businesses (unless accessory to a jewelry store).

Hydroponic shops (unless accessory to a home improvement store).

3.

Money service businesses.

4.

Pawn shops.

5.

Smoking lounges.

6.

Smoke shops.

7.

An internet sweepstakes café.

B.

Continuance of Prohibited Use.

The continuance of a prohibited use which lawfully existed prior to the effective date of this ordinance shall be subject to the following:

a.

Shall not relocate to another site, building, suite, or structure which it did not occupy at the time it became a nonconforming use

b.

Shall not expand, intensify, enlarge or extend any part of the structure which it did not occupy at the time it became a nonconforming use.

c.

Change of ownership, tenancy, or management of a prohibited use is permitted, provided that the use and intensity does not change.

d.

If a prohibited use is discontinued, abandoned, or otherwise goes out of business, it shall immediately lose its legal nonconforming status.

C.

Tobacco Product and Paraphernalia Sales Requirements.

1.

No license may be issued to authorize retail tobacco product and paraphernalia sales at any location that is not licensed under state law to sell alcoholic beverages for consumption off the premises (e.g. an "off-sale" license issued by the California Department of Alcoholic Beverage Control).

2.

The display area of tobacco products, including paraphernalia, shall not exceed ten percent of the total floor area of a business establishment.

3.

The display area devoted to tobacco paraphernalia shall not exceed a two foot in depth by four-foot in length section of a single shelf space.

4.

The display of tobacco products and paraphernalia shall be located behind a service counter in a manner that prohibits self-service by the customer.

5.

It shall be a violation of this municipal code for any licensee or any of the licensee's agents or employees to violate any local, state, or federal law regulating controlled substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7.

6.

No smoking or vaping shall be permitted on the premises at any time.

7.

The sale of tobacco products and paraphernalia to a minor is prohibited.

8.

No sales may be solicited or conducted on the premises by minors.

9.

No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.

(Ord. No. 2017-10, 3(Exh. A), 6-6-17; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Editor's note— Ord. No. 2017-10, § 3(Exh. A), adopted June 6, 2017, amended § 16.16.074 in its entirety to read as herein set out. Former § 16.16.074, pertained to internet sweepstakes café prohibited, and derived from Ord. No. 2013-06, adopted June 18, 2013.