Chapter 44 — ZONING[1]

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Chapter 44 - ZONING[[1]]

TABLE OF CONTENTS

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Editor's note— Ord. No. 2015-01, § 3, adopted May 5, 2015, repealed ch. 44, arts. I—VII, §§ 44-1—44-10, 44-39—44-43, 44-75—44-80, 44-102—44-111, 44-136—44-140, 44-164—44-170, 44-194—44-201, 44226—44-233, 44-260—44-277, 44-303—44-305, 44-335, 44-336, 44-361—44-366, 44-391—44-402, 44423—44-427, 44-475—44-489, 44-517—44-522, 44-553—44-557, 44-578—44-580, 44-609—44-614, 44632—44-638, 44-665—44-673, 44-705—44-707, 44-730—44-736, 44-756, 44-757, 44-783—44-792, 44823—44-827, 44-848—44-855, 44-874—44-878, 44-905—44-909, 44-937—44-951, 44-976—44-981, 441006—44-1012, 44-1038—44-1043, 44-1070—44-1073, 44-1100—44-1106, 44-1136—44-1146, 44-1157 —44-1163, 44-1171, 44-1191, 44-1192, 44-1218—44-1222, 44-1248—44-1256, 44-1286—44-1291, in its entirety; and enacted a new ch. 44 to read as set out herein. Former ch. 44 pertained to similar subject matter and was derived from Code 1975, §§ 7-46, ch. 26, art. VI, div. 1, 26-9, 26-14, 26-54, 26-56, 26-57, 26-65, 26-68, 26-69, 26-85, 26-86, 26-146, 26-192; Ord. No. 79-11, § 1; Ord. No. 96-1, § 1; Ord. No. 9807, §§ 3—10; Ord. No. 02-02, §§ 5—7; Ord. No. 94-05, § 1; Ord. No. 2003-07, § 3(exh. A); Ord. No. 200403, §§ 7—20, 23—25; Ord. No. 2004-04; Ord. No. 2004-09, §§ 5, 6, 8, 9; Ord. No. 2005-02, §§ 1—5; Ord. No. 2005-04, §§ 2, 3; Ord. No. 2005-05, §§ 1, 2; Ord. No. 2006-01, § 2; Ord. No. 2008-04, §§ 1, 4; Ord. No. 2008-05, §§ 2, 3(26-34), 4(26-152(b)), 5(26-165(b)), 6(26-188(b)), 7(26-191(d)(2)), 8(26-192(b)(2)), 9, 10(26193(b)(1)(b), (b)(2)(b)), 11(26-194(c)(3), 12(26-204(a)), adopted December 2, 2008; Ord. No. 2009-04, §§ 3(26-10), 5(26-95), 6(26-240)—(26-246), adopted July 7, 2009; Ord. No. 2009-05, §§ 1(26-10), 2(26-34(c)), 3(26-41(a)), 4(26-65), adopted September 15, 2009; Ord. No. 2010-01, §§ 2(26A-2)—(26A-7), adopted April 6, 2010; Ord. No. 2010-02, §§ 3, 4, 6—9, 11, adopted October 5, 2010; Ord. No. 2010-03, §§ 2—4, 6, 7(26247)—7(26-257), adopted October 19, 2010; Ord. No. 2011-02, §§ 3, 4, adopted March 15, 2011; Ord. No. 2011-03, § 3, adopted May 17, 2011; Ord. No. 2012-03, §§ 3—5, adopted April 3, 2012; Ord. No. 2013-01, §§ 3, 4, 5(26-217.10)—(26-217.70), adopted April 2, 2013; Ord. No. 2013-02, §§ 1—3, adopted April 2, 2013; Ord. No. 2013-03, §§ 1—5, adopted July 2, 2013 and Ord. No. 2014-03, §§ 2, 5, adopted October 21, 2014.

State Law reference— Planning and Zoning Law, Government Code § 65000 et seq.; zoning generally, Government Code § 65800 et seq.

ARTICLE I. - IN GENERAL

Sec. 44-1. - Title.

This chapter shall be known and cited as the City of La Palma Development Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-2. - Purpose.

(a)

Purpose. The purposes of this chapter are to:

(1)

Implement the goals, objectives, policies, and programs of the La Palma General Plan by classifying and regulating the uses of land and structures within the City.

(2)

Designate the City into land use districts to guide the use of land and the implementation of development standards.

(3)

Provide standards that result in high quality planning and design of development which enhance the visual character of the City, preserve the quality of development, and avoid conflicts between land uses.

(4)

Manage growth in the limited undeveloped land within the City and guide actions to preserve or enhance development.

(5)

Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code (Government Code § 66425 et seq.).

(6)

Provide clear and easily understood definitions for the terms used in this chapter. The meaning of words and phrases defined in this article applies throughout this chapter, except where the context clearly indicates a different meaning.

(b)

Reasons for regulations. Regulations are necessary in order to encourage the most appropriate use of land. The following are reasons for regulations:

(1)

To enact the policies and goals of the general plan.

(2)

To maintain or improve the value of property.

(3)

To promote high quality homes and desirable neighborhoods.

(4)

To provide high quality of life within the community.

(5)

To lessen congestion of streets.

(6)

To facilitate adequate provisions for community needs such as transportation, parks, and other public requirements.

(7)

To protect and promote the public health, safety, and general welfare of the City.

(c)

Organization. This chapter is comprised of seven articles. The content of the articles is as follows:

(1)

In general (Article I). This article is an introduction to the chapter and includes definitions.

(2)

Zoning districts and allowable land uses (Article II). This article includes allowable uses and development standards for specific uses and specific zoning districts. Requirements for specialized uses such as adult oriented uses, automobile service stations, massage facilities, self-storage, community events, and tutorial facilities are included in this article.

(3)

Standards applicable in all zoning districts (Article III). This article includes standards that are applicable to specific elements of development such as parking, signs, and landscaping. These standards are not zone specific and pertain to all areas of the City.

(4)

Administrative procedures (Article IV). This article designates approval authority for discretionary and ministerial approvals and includes procedures for public hearings, appeals, amendments, enforcement actions, revocations, and modifications.

(5)

Permits, plans, and certificates (Article V). This article includes the processes for various approvals and findings discussed in previous sections.

(6)

Subdivisions (Article VI). This article outlines the processes for approving/disapproving certificates of compliance, lot line adjustments, parcel mergers, parcel maps, and tract maps. Requirements for dedication or fees in lieu are included in this article.

(7)

Water efficient landscaping (Article VII).

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-3. - Applicability.

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

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-4. - Interpretation and application of chapter.

This section provides rules for resolving questions about the meaning or applicability of any part of this chapter, in order to ensure the consistent interpretation and application of its provisions.

(1)

Authority to interpret. The Community Development Director is assigned the responsibility and authority to interpret the requirements of this chapter.

(2)

Minimum requirements. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

(3)

Greater restrictions control. When provisions of this chapter are more restrictive than are required by other provisions of this Code, other City regulations, or by private agreements, the provisions of this chapter shall control.

(4)

Provisions substantially the same. When the provisions of this chapter are substantially the same as existing ordinances relating to the same subject matter, they shall be construed as restatements and continuations, and not as new enactments.

(5)

Agreement between private parties. It is not intended by this chapter to interfere with, abrogate, or annul any easement, covenant, or other agreement between private parties.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-5. - Interpretations of land uses.

If a proposed use of land is not specifically listed in sections 44-78 and 44-139, the use shall not be allowed, except as follows:

(1)

Use substantially the same. The Community Development Director or his/her designee may determine that a proposed use that is not listed in sections 44-78 and 44-139 is allowed if the proposed use is substantially the same in character and intensity as those listed in sections 44-78 and 44-139. Such a use is subject to the permit process that governs the category-in which it falls.

(2)

Treating in the same manner. When the Community Development Director or his/her designee determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code apply.

(3)

Forward questions. The Community Development Director or his/her designee may forward questions about similar uses directly to the City Council for a determination.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 6, 5-3-2016)

Sec. 44-6. - Word interpretations.

(a)

Meaning of words. When used in this chapter, the terms "includes" and "including" shall mean including, but not limited to.

(b)

Number of days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice issued or given as provided for in this chapter, the number of days shall be construed as calendar days. Time limits will extend to the following working day when the last of the specified number of days falls on a weekend, holiday, or any other day that City hall is not open.

(c)

References as amended. Where this chapter references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-7. - Division of zoning map.

For convenience, portions of the zoning map may be employed in amending the zoning map or in making official reference to the zoning map, in place of using the entire zoning map document.

(Ord. No. 2015-01, § 3, 5-5-2015)

Editor's note— Ord. No. 2010-02, adopted 10-5-2010, changed the designation of certain properties on the Land Use Zoning Map to "Planned Neighborhood Development." The zoning map was adopted by reference and incorporated into this Development Code by section 44-39 (Establishment of zoning districts), but has not been reprinted herein. The zoning map is on file and available for public examination in the offices of the Community Development Department.

Sec. 44-8. - Consistency with county hazardous waste management plan.

All applicable zoning, conditional use permit, and variance decisions and determinations by the City shall be consistent with the applicable provisions of the County hazardous waste management plan, or other applicable County plans, which identify general areas or siting criteria for hazardous waste facilities.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-9. - Partial invalidity.

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

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this section is to provide clear and easily understood definitions for the terms used in this chapter. The meaning of words and phrases defined in this section applies throughout this chapter, except where the context clearly indicates a different meaning. Terms not clearly defined in this section, other chapters of this Code, or in Webster's Dictionary shall be subject to the interpretation of the Community Development Director.

Abandoned means to cease from developing, using, or maintaining a structure (including signs) or use for a stated period of time. Exceptions are temporary closures for repairs, alterations, or other similar situations.

Abut or abutting. See adjoining.

Access means usable ingress or egress to a property or use, from a public right-of-way.

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

(1)

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

(2)

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

Accessory structure/building means a permanent or temporary structure detached from a principal structure on the same parcel, incidental to the principal building, and not designed for human habitation.

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Accessory use means a use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises.

Addition (expansion) means:

(1)

The physical alteration of a structure that results in an increase in its floor area, volume, or height; also

(2)

A structure added to the original structure after completion of the original structure.

Adjacent means:

(1)

Two or more parcels of land separated only by an alley, street, highway, or recorded easement; or

(2)

Two or more objects that lie near or close to each other.

Adjoining (abutting) means two or more parcels of land sharing a common boundary line or two or more objects that lie near or close to each other.

Adult means a person 18 years of age or more.

Adult oriented businesses. See Section 44-195 for definitions of terms.

Agent means a person or entity, who does not hold any interest in the property and who is authorized in writing by the property owner to comply with the requirements of this Code, including, without limitation, the filing of an application for a short-term rental special business permit that has been signed by the owner, the management of the short-term rental, and the compliance with the conditions of the permit.

Alley means a public or private way, at the rear or side of property, permanently reserved as an ancillary means of vehicular or pedestrian access to adjoining property.

Alteration means the physical change or rearrangement of the supporting members of an existing structure (e.g., bearing walls, columns, beams, girders, or interior partitions) as well as any change in doors, windows, means of ingress or egress, or any addition to or diminution of a structure, whether horizontally or vertically, or the moving of a structure from one location to another.

Amusement arcade means an establishment that consists primarily of amusement devices.

Amusement device means any device, machine, apparatus, computer, or other instrument (including electronic games, model games, and pinball games) operated electronically, mechanically, or manually for amusement purposes which requires the deposit of or payment of money, coin, token, or other thing of value, whether directly to the device or to the business establishment for the use or operation of the device, but which does not contain a payoff device for the return of slugs, money, coins, checks, or tokens. Amusement devices may include redemption games, devices or machines that dispense tickets that may be redeemed for non-cash prizes.

Antenna means the outdoor portion of the receiving and transmitting equipment used for receiving or transmitting television, Internet, or radio waves or signals and includes any system of wires, poles, rods, reflecting discs, or similar devices for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

Antenna, dish, means a curved, "dish-like" antenna.

Antenna, pole, means a single pole for transmitting and/or receiving television, radio, or other similar waves.

Antenna, tower, means a structure with two or more supports that touch the base or ground on which the tower is mounted.

Apartment means a separate suite, not owner occupied, that includes kitchen facilities and is designed for and rented as the home, residence, or sleeping place of one or more persons living as a single housekeeping unit.

Applicant means an owner or lessee of property, or his or her authorized agents, or persons who have contracted to purchase property contingent upon his or her ability to acquire the necessary permits under this chapter, or the agents of such person.

Approved massage school means any school or institution of learning approved by the Massage Therapy Council that meets the minimum standards for training, that meets any of the requirements specified in California Business and Code § 4601(a), and that has not been otherwise unapproved by the Massage Therapy Council.

Area means net area, unless otherwise specified.

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

Area, net, means the area of a lot or parcel of land, less the area of existing or proposed public alleys, highways, streets or other necessary public easements, when included within a proposed development project. The term "net area" includes "net acreage."

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Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Artificial turf. See turf, artificial.

Assisted living facility means a facility that provides a combination of housing, meals, supportive services, personalized assistance, and/or health care that responds to the individual requirements of those who need assistance with the activities of daily living but do not need 24-hour skilled medical care. An assisted living facility may provide other services, including recreational activities, financial services, and transportation.

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Attached means any structure that has a wall or roof in common with another structure.

Auto repair, major, means a facility that provides reconstruction, rehabilitation, and refurbishment services for motorized vehicles, including body repair, engine and transmission overhauls, painting services, and other heavy vehicle maintenance activities.

Auto repair, minor or routine maintenance, means and includes oil changes, the repair or replacement of tires, brake pads, hoses, fluids, and similar activities, but does not include maintenance or repair that involves the removal of the engine, transmission, or other major component or any significant body repair work that involves sanding, priming, or painting of a vehicle, motorized recreational vehicle, or recreational object.

Awning means any permanent or removable projection designed for shade, attached to the building by brackets or other means, with no direct connection or support on the ground.

Base flood means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").

Battery charging station means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within plug-in electric vehicles.

Bedroom means a room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City.

Block means a contiguous area or parcels of land surrounded by public streets, highways, freeways, railroad rights-of-way, greenbelts, flood control channels, creeks, washes, rivers, or unsubdivided acreage, or any combination thereof.

Block party means a residential neighborhood social event that requires the temporary closure of a public right-of-way.

Buildable area means the net portion of the parcel remaining after deducting all required setbacks and open space requirements from the gross area of the parcel.

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Building means any walled and roofed structure built and maintained principally above ground for the support, shelter, or enclosure of persons, animals, or property of any kind; this includes a gas or liquid storage tank or a manufactured home. The term "building" shall include the term "structure."

Building envelope means an area delineated on a plan in which all clearing and land disturbance for building construction shall be confined. If not delineated, it is the area of a parcel excluding any required front, side, or rear yard setback area, any recorded easement, or offer of dedication.

Building façade means that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.

Building height means the vertical distance from the lowest point of the finished grade adjacent to the structure to the highest point of the structure, excluding chimneys, vents, and other incidental projections.

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Building Official means the officer or other designated authority charged with the administration and enforcement of the City Building and Grading Codes, or a duly authorized designee.

Cannabis shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means "marijuana" as defined by California Health and Safety Code § 11018 as enacted by Chapter 1407 of the Statutes of 1972. The term "Cannabis" shall also have the same meaning as set forth in California Business and Professions Code § 19300.5(f), as may be amended from time to time. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by California Food and Agricultural Code § 81000 or California Health and Safety Code § 11018.5.

Cannabis cooperative shall mean two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available cannabis, with or without cultivation.

Cannabis cultivation or cultivate shall have the same meaning as "cultivation" or "cultivate" set forth in California Business and Professions Code § 19300.5(l), as may be amended from time to time.

Cannabis delivery shall have the same meaning as "delivery" set forth in California Business and Professions Code § 19300.5(m), as may be amended from time to time.

Cannabis dispensary shall have the same meaning as "dispensary" set forth in California Business and Professions Code § 19300.5(n), as may be amended from time to time. For purposes of this chapter, dispensary shall also include a cooperative. Dispensary shall not include the following uses:

(1)

A clinic licensed pursuant to California Health and Safety Code Div. 2, Ch. 1;

(2)

A health care facility licensed pursuant to California Health and Safety Code Div. 2, Ch. 2;

(3)

A residential care facility for persons with chronic life threatening illnesses licensed pursuant to California Health and Safety Code Div. 2, Ch. 3.01;

(4)

A residential care facility for the elderly licensed pursuant to California Health and Safety Code Div. 2, Ch. 3.2;

(5)

A residential hospice or home health agency licensed pursuant to California Health and Safety Code Div. 2, Ch. 8.

Canopy means a portable, lightweight structure commonly constructed with cloth or nylon fabric over metal or plastic frames. Canopies may have open sides or be enclosed; they include tarps, exhibition tents, and other similar types of structures and exclude awnings, patios, porches, and carports.

Caregiver or Primary Caregiver shall have the same meaning as set forth in California Health and Safety Code § 11362.7, as may be amended from time to time.

Carport means a permanent roofed structure not completely enclosed to be used for vehicle parking for the occupants of the premises. The term "carport" includes the term "Porte-Cachere."

Certified massage practitioner means a person who is certified by the Massage Therapy Council, under subdivision California Business and Professions Code § 4604.2 and who administers massage.

Certified massage therapist means a person who is certified by the Massage Therapy Council, under California Business and Professions Code § 4604 and who administers massage.

Change of use means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, name, or management where the previous nature of the use, line of business, or other function is substantially unchanged.

Charging levels means standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged.

Check in means the arrival of a guest at a hotel or short-term rental property.

Checklist means the submittal checklist required by the City to be submitted with the permit application for an electric vehicle charging station to demonstrate compliance.

Citation means any enforcement citation, order, penalties, infraction, misdemeanor, ticket or similar notice of violation, relating to the condition of or activities at a person's primary residence or property, issued by the City, including an administrative citation issued pursuant to article XI, enforcement, of chapter 2, administration, of this Code.

Civic dance means any dance held or sponsored by any bona fide memorial, fraternal, or civic organization or by the City, any school, public recreation, or community service organization.

Clean air vehicle parking space means any posted and/or marked parking space that identifies the use to be exclusively for the parking of a clean fuel vehicle as defined by the California Air Resources Board.

Clean air vehicle sticker. California law allows use of high occupancy vehicle (HOV) lanes with only one occupant when the vehicle displays clean air vehicle stickers.

Clean vehicle means any clean fuel vehicle identified by the State of California as qualifying for the California Clean Vehicle Rebate Project.

Client intake area means the area inside a building or facility designated to be used for the gathering or processing of information from clients for the specified use or operation of the business or facility.

Commercial cannabis activity shall have the same meaning as set forth in California Business and Professions Code § 19300.5(k), as may be amended from time to time.

Commercial coach has the same meaning as "commercial modular" as that term is defined in this section.

Commercial mixed-use means a project with planned integration of more than one type of significant sales tax revenue-producing uses in a building or set of buildings, specifically a combination of commercial, office, or institutional land uses. It maximizes space usage, has amenities and architectural expression and shall, to the greatest extent possible, be pedestrian-oriented and mitigate traffic and sprawl.

Commercial modular, 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, and shall include a trailer coach as defined in California Vehicle Code § 635.

Commercial modular, new. See manufactured home, new.

Commercial modular, used. See manufactured home, used.

Commercial vehicle means a vehicle customarily used as part of a business for the transportation of goods or people, including any vehicle that has been registered as a commercial vehicle with the California Department of Motor Vehicles.

Communication facilities means a public or private structure that supports antennas, microwave dishes, and other related equipment (e.g., ground cabinets and structures) that sends and/or receives radio

frequency signals. (Also see antenna.)

Community benefits means physical improvements provided in conjunction with a development project that are provided to improve the community, help achieve the City's vision for a quality environment, and address any burdens such development imposes.

Community Development Director means the City Community Development Director and/or his or her designee.

Community event.

(1)

The term "community event" means any of the following:

a.

Any activity that may result in the closure of any public street and which may temporarily require the installation or construction of material or devices using building, electrical, mechanical, plumbing, flammable, or similar materials.

b.

Any outdoor event, gathering, celebration, or activity held on public or private property where the public atlarge is invited.

c.

Any indoor or outdoor private event, gathering, celebration, or activity exceeding 150 people held on public property.

(2)

The term "community event" shall not include temporary uses, as defined herein.

Community Services Director means the City Community Services Director and/or his or her designee.

Compressed hydrogen gas (CHG) means hydrogen compressed to a high-pressure and stored at ambient temperature.

Conditional use permit means a discretionary entitlement granted by the City Council under the provisions of this Development Code, which when granted, authorizes a specific use to be made of specific premises, subject to compliance with all terms and conditions imposed on the entitlement.

Condominium means a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel.

Congregate care facility means a structure providing residence for more than 24 hours for a group of senior citizens or disabled persons, as defined by the State of California Health and Safety Code as a congregate

living health care facility, with central or private kitchen, dining, recreational, etc., facilities with separate bedrooms and/or living quarters.

Convalescent home means a licensed facility which provides 24-hour bed and ambulatory care for patients with post-operative convalescent, or chronic illness, or persons unable to care for themselves, but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. The term "convalescent home" includes the terms "nursing home" and "rest home."

Dancing club means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests at least once per month for which fees are charged, any collection or donation of money is given or received, or for which the amount of dues paid by each member is dependent upon, or related to, the attendance at such dances.

Dangerous animal means any animal, reptile, fowl, or fish which is not naturally tame or which is known to be dangerous by the owner or which must be kept in confinement to be brought within the immediate power of the owner.

Day care facilities means facilities that provide non-medical care and supervision of persons for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

(1)

Adult day care, residential, means a facility, as defined in California Health and Safety Code § 1502, located in a single-family residence where an occupant of the residence provides care and supervision for six or fewer adults.

(2)

Adult day care, business, as defined in California Health and Safety Code § 1502, means commercial or nonprofit adult day care facilities designed and approved to accommodate seven or more adults and includes senior centers. These may be operated in conjunction with a school or church facility, or as an independent land use.

(3)

Child day care center means commercial or nonprofit child day care facilities designed and approved to accommodate 15 or more children and includes infant centers, preschools, sick-child centers, and schoolage day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

(4)

Large family day care home means a day care facility located in a single-family residence where an occupant of the residence provides care and supervision for nine to 14 children served by the day care facility. Children under the age of ten years who reside in the home shall count as children served by the day care facility.

(5)

Small family day care home means a day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of ten years who reside in the home shall count as children served by the day care facility.

Day spa means a personal service use providing a variety of health and beauty services, including hairdressing, manicure, and similar services. Facilities providing massage services are also considered massage parlors and are covered by regulations for that use.

Daytime guests means guests who visit a short-term rental between the daytime guest hours of 8:00 a.m. and 9:00 p.m. but who are not included in the maximum number of short-term renters.

Density means the number of dwelling units per net acre, unless otherwise stated, for residential uses.

Density bonus shall have the meaning as defined by State law (California Government Code § 65915(f)).

Detached means the condition of not having a wall or roof in common with any other structure.

Development.

(1)

The term "development" means:

a.

The placement or erection of any solid material or structure;

b.

Discharge or disposal of any gaseous liquid, solid or thermal waste;

c.

Grading, removing or extraction of any soil or materials;

d.

Change in the density or intensity of use of land, including, but not limited to, subdivision in compliance with the Subdivision Map Act (Government Code § 66410 et seq.), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use;

e.

Construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and

f.

The removal of any major vegetation.

(2)

As used in this chapter, the term "structure" includes any building, road, pipe, conduit, siphon, telephone line, and electrical power transmission and distribution line.

(3)

The term "project," as defined in State law (California Government Code § 65931), is included within this definition.

Disability shall have the meaning as set forth in Government Code § 12926.

Driveway means an improved area designated on a parcel that is unencumbered to a height of not less than eight feet, is clear of structures, and in all other ways is suitable to provide vehicular access to a garage, carport, or other required off-street parking space or loading facility. A driveway serving a residential use shall be further defined as a paved way over the shortest distance between a garage, carport, or other approved parking area and the point of access thereto from a street or alley.

ght feet, is clear of structures, and in all other ways is suitable to provide vehicular access to a garage, carport, or other required off-street parking space or loading facility. A driveway serving a residential use shall be further defined as a paved way over the shortest distance between a garage, carport, or other approved parking area and the point of access thereto from a street or alley.

Drive-through pharmacy means a pharmacy that is engaged in the dispensing of prescription drugs, nonprescription medicines, cosmetics, and related supplies in part, by means of a window designed to accommodate automobile traffic.

Drug store means a full-line retail store that carries a wide variety of prescription and nonprescription medicines and miscellaneous items, including, but not limited to, drugs, pharmaceuticals, patent medicines, sundries, toiletries, cosmetics, household goods, snacks, beverages, tobacco products, and other merchandise whose principal business is, the sale of drugs, medicines and pharmaceutical preparations, and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.

Drought-tolerant plant means a native or non-native plant species that can survive extended periods of time without rain or supplemental irrigation, while remaining healthy and retaining acceptable appearance.

Duplex means a unit within a separate and detached building within a multi-family residential zoned area, which building consists of two self-contained units within the confines of the building, each of which provides housing accommodation for a single family within the confines of the unit. Duplexes that are able to undergo the subdivision process and are sold to differing entities do not qualify as accessory dwelling units.

Dwelling means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen) that constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis.

Dwelling, multifamily, means a residential structure containing three or more dwelling units or a combination of three or more separate single-family dwelling units on a single parcel of land.

Dwelling, single-family, means a residential structure containing not more than one dwelling unit entirely surrounded by open area on a single parcel.

Dwelling, two-family. See residence, second unit.

Easement means an area reserved for access, drainage, maintenance, open space, recreation, or the installation and servicing of utilities (e.g., cable, electrical, sewers, telephone, water, etc.).

Electric vehicle (EV) means a vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source.

Electric vehicle charging station (EVCS) or charging station means a public or private parking space that is served by battery charging station equipment that is designed and built in compliance with Electrical Code art. 625, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. EVCS include level 1 charging, level 2 charging, and direct current (DC) fast charging.

Electric vehicle charging station—Public means an EV charging station that is publicly owned and publicly available (e.g. park and ride lot, public library parking lot, on-street parking) or that is privately owned but publicly available (e.g. shopping center parking lot, commercial office parking garage).

Electric vehicle charging station—Restricted means an electric vehicle charging station that is publicly owned and has restricted access (e.g. fleet parking for designated vehicles) or privately owned and has restricted access (e.g. single-family residence, multiple-family residence, designated employee parking).

Electric vehicle infrastructure (EVI) means the structures, machinery and equipment necessary and integral to support an electric vehicle.

Electric vehicle parking space means any posted parking space that identifies the use to be exclusively for the parking of an electric vehicle.

Electric vehicle service equipment (EVSE) means the conductors, including the ungrounded, grounded and equipment grounding conductors and the electric vehicle connectors, attachment plugs and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle (Electric Code art. 625; NEC article 625)

Electronic submittal means the utilization of electronic mail (email); the Internet; facsimile (fax).

Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay.

Employee means any person engaged in the operation of conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, or solicitor and all other persons employed or working in the business.

Family. The term "family" means:

(1)

Two or more persons related by birth, marriage, or adoption (U.S. Bureau of the Census).

(2)

An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind.

Feasible method means a method to satisfactorily mitigate or avoid a specific, adverse impact including, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit.

Fence means any device forming a physical barrier between two areas. This shall include wire mesh, steel mesh, chain link, louver, stake, masonry, lumber, and other similar materials.

Flood or flooding means:

(1)

A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source. See flooding.

Floodplain Administrator means the individual appointed to administer and enforce the City's floodplain management regulations.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means the zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and all other applications of the police power which control development in flood-prone areas. This term describes federal, state and local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Floor area means the sum of the horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including any space where the floor-to-ceiling height is less than six feet.

Floor area ratio means the gross floor area permitted on a site divided by the total net area of the site, expressed in decimals to one or two places. For example, on a site with 10,000 net square feet of land area, a floor area ratio of one will allow a maximum of 10,000 gross square feet of building floor area to be built. On the same site, an FAR of one and one-half would allow 15,000 square feet of floor area; an FAR of two would allow 20,000 square feet; and an FAR of one-half would allow only 5,000 square feet. FARs are applied on a parcel-by-parcel basis as opposed to an average FAR for an entire land use or zoning district.

Formal dining area means an area that intensifies a dining use in a considerable manner and is not incidental in nature.

Fortune-telling means the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty, or force, including, but not limited to clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article, or substance, crystal gazing, oriental mysteries or magic, of any kind or nature.

Frontage means the portion of a parcel or structure abutting a street (at the front lot line), except the side of a corner parcel.

Fuel cell means a device that uses hydrogen and oxygen to create electricity through an electrochemical process.

Fuel cell stack means individual fuel cells connected in series (or stacked) to increase electrical current.

Fuel cell electric vehicle (FCEV) means a vehicle that uses electricity produced by an onboard fuel cell (typically powered by hydrogen) to run motors located near the vehicle's wheels.

Garage, private, means a detached accessory building or a portion of a main building on the same lot as a dwelling used for the housing of vehicles of the occupants of the dwelling, having a roof and enclosed on not less than four sides. Any such structure enclosed on three or less sides shall be considered a carport.

Garage, public, means any premises used exclusively for the storage of vehicles.

Garage sale means a sale of tangible personal property, conducted in a zone of the City zoned as not to permit a regular established business engaged in the sale of merchandise, to which the public is invited by an advertisement or otherwise. Includes lawn or yard sales, attic sales, estate sales, and similar sales.

General plan means the adopted comprehensive, long range plan for the physical development of the City. The La Palma General Plan contains the community's vision for its future. Goals and policies throughout the plan are aimed at implementing the vision. The general plan contains a land use map which identifies the appropriate use of land and which is the basis for the City's zoning map.

General plan amendment means an amendment to the City's general plan.

Governing body means the La Palma City Council.

Grade means the lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk or the degree of rise or descent of a sloping surface.

Granny unit. See residence, second unit.

Gross acreage means the total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public uses are deducted from the lot or parcel.

Gross floor area means the area included within the surrounding exterior finish wall surface of a structure or portion thereof, exclusive of courtyards.

Group home means a residential care facility that provides various types of supervised and unsupervised care for its residents and which licensed to operate pursuant to State law, including facilities for persons with disabilities and other facilities (Welfare & Inst. Code 5116), residential health care facilities (Health & Safety Code 1267.8, 1267.9, & 1267.16), residential care facilities for the elderly (Health & Safety Code 1568.083 - 1568.0831, 1569.82 - 1569.87), community care facilities (Health & Safety Code 1518, 1520.5, 1566 - 1566.8, 1567.1), pediatric day health facilities (Health & Safety Code 1267.9; 1760 - 1761.8), and facilities for alcohol and drug treatment (Health & Safety Code 11834.23).

Guest means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel or shortterm rental home shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the host and the guest providing for a longer period of occupancy.

Guest house. See residence, second unit.

Habitable area means sleeping quarters in a residence that include at least one door, closet, and window, or as further defined in the California Building Code.

Hardscape or hardscaping consists of the part of a building's grounds consisting of inanimate nonliving structures, such as patios, retaining walls, and walkways, made with hard materials, but excluding artificial turf.

Hedge means a plant or series of plants, shrubs, or other landscape material, arranged so as to form a physical barrier or enclosure.

High quality transit corridor shall have the meaning set forth in Public Resources Code § 21155(b), as may be amended from time to time.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on the State inventory of historic places; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

Home occupation means an activity conducted in compliance with Chapter 22, Article III, carried out by an occupant of the dwelling unit, and conducted as an accessory use to the dwelling unit. The term "home occupation" includes the terms "home-based business" and "home business."

Home-sharing or home-sharing property means the rental of no more than two bedrooms in a detached single-family unit for a term of 30 or fewer consecutive days while the owner of the unit is present and living in the unit.

Hospital means a licensed institution designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

Hospital pharmacy means and includes a pharmacy, licensed by the board, located within any licensed hospital, institution, or establishment that maintains and operates organized facilities for the diagnosis, care, and treatment of human illnesses to which persons may be admitted for overnight stay and that meets all of the requirements of this chapter and the rules and regulations of the board. A hospital pharmacy may include a pharmacy that is located in any physical plant that is regulated under the license of a general acute care hospital as defined in Health and Safety Code § 1250(a). As a condition of licensure by the State Board of Pharmacy, the pharmacy in another physical plant shall provide pharmaceutical services only to registered hospital patients who are on the premises of the same physical plant in which the pharmacy is located, except as provided in Business and Professions Code § 4128 et seq. The pharmacy services provided shall be directly related to the services or treatment plan administered in the physical plant.

Host means a natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of ownership, who offers their residence, or a portion thereof, as a short-term rental. Host includes a personal or family trust consisting solely of natural persons and the trustees of such trust but does not include residences or condominiums owned as a timeshare, limited liability partnership or corporation, fractional ownership of six or more interests, or a business entity. Host is synonymous with "owner" and "operator."

Hosting platform means a person or entity who participates in home-sharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. A hosting platform includes, but is not limited to, an internet-based platform that allows a host to advertise and potentially arrange for temporary occupation of

the dwelling unit, or portion thereof, through a publicly searchable website, whether the short-term renter pays rent directly to the host or to the hosting platform. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet-based services that facilitate bookings for a fee.

Hosted stay short-term rental means a short-term rental where the host lives and sleeps in the dwelling unit or lives and sleeps in another legal dwelling unit on the same parcel throughout the short-term rental period. Hosted short-term rentals shall be allowed only in the property's primary residence whereby the host remains on-site throughout the guest's stay (except during daytime and/or work hours).

Hotel means guest rooms or suites occupied on a transient basis (e.g., daily or weekly, but not monthly) for compensation, which may include ancillary facilities (e.g., restaurants, meeting rooms, and recreation facilities).

Hybrid electric vehicle (HEV) means a type of hybrid vehicle that combines a conventional internal combustion (ICE) propulsion system with an electric propulsion system.

Incidental outdoor seating area means any minor, easily removable extension of an established retail or small food shop, consisting of movable tables and chairs that are arranged directly upon the sidewalk paving as an adjunct and directly adjacent to a retail business or restaurant for the purpose of displaying, exhibiting, or offering for sale the merchandise sold inside the retail shop.

Inlet means the device on the PEV into which the electric vehicle connector is inserted for charging and information exchange (part of the electric vehicle coupler).

Junior accessory dwelling unit means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Kennel means any parcel where four or more dogs, cats, or other small animals over the age of four months are kept, whether the keeping is for pleasure, profit, breeding, or exhibition, including places where the animals are boarded or kept for sale or hire.

Kitchen means any room, all or part of which is designed and/or used for the storage, refrigeration, cooking, and preparation of food.

Landscape coverage means the percentage of the net lot area, excluding the area of the buildings and any accessory structures and driveways, which is covered by landscaping as seen from a plan view.

Landscaping means the planting and maintaining of an area with predominantly plant materials, including live turf, artificial turf, groundcover, trees, shrubs, and other plant materials; and also including small amounts of accessory decorative outdoor landscape elements such as ponds, fountains, and paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), natural materials, and sculptural elements, all of which are suitably designed, selected, installed, and maintained to enhance a property.

Landscaping, full, means 100 percent of the required landscaping and irrigation system as required by Section 44-335 is installed and functional.

Landscaping, minimal, means 70 percent of the required landscaping and irrigation system, as required by Section 44-335, is installed and functional.

Landscaping plan means a plan which indicates the type, size, and location of vegetation and accent material proposed for the covering of all areas of a property not covered by a building, driveway, parking lot, or accessory structures that includes all irrigation and other devices necessary to maintain the landscaping.

Lattice means an open framework of overlapping strips of pressure-treated wood or synthetic material, with openings in a woven 3D diagonal pattern, used as a height extension to a block wall for screening purposes.

Liquefied Hydrogen (LH2). Hydrogen can exist in a liquid state, but only at extremely cold temperatures, and typically has to be stored at negative 253 degrees Celsius (negative 423 degrees Fahrenheit).

Local agency means a city, county, or city and county, whether general law or chartered.

Local contact means a natural person, whether the owner or agent of the owner, who is available 24 hours per day, seven days per week, for the purpose of responding within 30 minutes to complaints regarding the condition, operation, or conduct of the short-term rental or its occupants, and for taking any remedial action necessary to resolve such complaints, including visiting the short-term rental, if necessary, within 45 minutes after initial complaint.

Lot means a parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon. The classifications of lots are:

(1)

Corner. A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an "interior lot."

(2)

Flag. A lot having access or an easement to a public or private street by a narrow, private right-of-way referred to as a panhandle.

(3)

Interior. A lot abutting only one street.

(4)

Key. A lot with a sideline that abuts the rear line of any one or more adjoining lots.

(5)

Reverse corner. A corner lot, the rear of which abuts the side of another lot.

(6)

Through. A lot having frontage on two generally parallel streets, with only one primary access.

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Lot area means the total horizontal area included within the lot lines of a parcel.

Lot coverage means the percent of a parcel that is covered by structures, including main and accessory buildings. On parcels zoned exclusively for residential use, lot coverage excludes patios open on two or more sides and gazebos 300 square feet or less in area and garages and carports. In all other zones, lot coverage includes parking structures.

Lot depth means the average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line.

Lot frontage means the portion of the parcel contiguous to the street.

Lot line means any boundary of a parcel. The classifications of lot lines are:

(1)

Front.

a.

On an interior lot, the line separating the parcel from the street.

b.

On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the Community Development Director.)

c.

On a through lot, the lot line abutting the street providing the primary access to the lot.

(2)

Interior. Any lot line not abutting a street.

(3)

Rear. A lot line not abutting a street that is opposite and most distant from the front lot line. In the case of an irregular-shaped parcel, including a triangular parcel, a line within the parcel, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet.

(4)

Side. Any lot line that is not a front or rear lot line.

Lot width means the horizontal distance between side lot lines, measured at the front setback line.

Major transit stop means a site containing any of the following:

(1)

An existing rail or bus rapid transit station.

(2)

A ferry terminal served by either a bus or rail transit service.

(3)

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

Manufactured home.

(1)

The term "manufactured home" means a structure that:

a.

Was constructed on or after June 15, 1976;

b.

Is transportable in one or more sections;

c.

Is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet;

d.

Is built on a permanent chassis; and

e.

Is designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

(2)

The term "manufactured home" includes any structure that meets all the requirements of subsection (1) of this definition except the size requirements, and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act (42 USC 5401).

(3)

If a provision of this chapter uses the term "manufactured home," and it clearly appears from the context that the term should apply only to manufactured homes, as defined in this definition, the provision shall apply only to those manufactured homes. If any provision of this chapter, by its context, requires that the term applies to manufactured homes or mobile homes without regard to the date of construction, such provision shall apply to both manufactured homes, as defined above, and mobile homes, as defined in this section.

Manufactured home, new, means a manufactured home, mobile home, or commercial coach which is not defined as a "manufactured home, used," "mobile home, used" or "commercial modular, used," which is delivered for sale or lease in this State, and which has not been delivered to a first purchaser or lessor for purposes other than resale or reletting.

Manufactured home, used, means a manufactured home, mobile home, or commercial modular that was previously sold and registered or titled with the City, or with an appropriate agency or authority, or any other State, District of Columbia, territory or possession of the United States, or a foreign State, province, or country.

Manufacturer means a person who prepares, derives, manufactures, produces, or repackages a dangerous drug, as defined in Business and Professions Code § 4022, device, or cosmetic, except a pharmacy that manufactures on the immediate premises where the drug or device is sold to the ultimate consumer. Manufacturer also means the holder or holders of a New Drug Application (NDA), an Abbreviated New Drug Application (ANDA), or a Biologics License Application (BLA), provided that such application has been approved; a manufacturer's third party logistics provider; a private label distributor (including co-licensed partners) for whom the private label distributor's prescription drugs are originally manufactured and labeled

for the distributor and have not been repackaged; or the distributor agent for the manufacturer, contract manufacturer, or private label distributor, whether the establishment is a member of the manufacturer's affiliated group (regardless of whether the member takes title to the drug) or is a contract distributor site.

(1)

"Manufacturer" shall not mean a pharmacy compounding a drug for parenteral therapy, pursuant to a prescription, for delivery to another pharmacy for the purpose of delivering or administering the drug to the patient or patients named in the prescription, provided that neither the components for the drug nor the drug are compounded, fabricated, packaged, or otherwise prepared prior to receipt of the prescription.

(2)

"Manufacturer" shall not mean a pharmacy that, at a patient's request, repackages a drug previously dispensed to the patient, or to the patient's agent, pursuant to a prescription.

Marijuana related business shall mean any commercial cannabis activity, or combination thereof, and any cannabis related uses, or combination thereof, including but not be limited to cannabis cooperatives, cultivation, deliveries, dispensaries, and any other business that engages in the production, packaging, concentrate processing, edibles, glass merchandise, courier/delivery, trimming, seed harvesting, farming, transportation, and/or sale of cannabis.

Massage means the scientific manipulation of the soft tissues of person's body.

Massage certificate means a valid certificate issued by the Massage Therapy Council pursuant to California Business and Professions Code § 4600 et seq.

Massage facility or massage establishment means a fixed place of business where massage is performed for money or any other consideration.

Massage facility operator means any person or business entity that owns, in whole or in part, a massage facility.

Massage technician means any person who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body, or other similar procedure.

Massage Therapy Council means the organization created pursuant to California Business and Professions Code Div. 2, Ch. 10.5 (Business and Professions Code § 4600 et seq.) to provide State certification of massage practitioners and massage therapists.

Materials, natural, means organic and inorganic materials such as rock, decomposed granite, gravel, bamboo, wood chips, etc., that are used to cover areas where landscaping and hardscaping is not present.

Medical cannabis or medical cannabis product shall have the same meaning as set forth in California Business and Professions Code § 19300.5(ag), as may be amended from time to time.

Medical center/clinic means a place for group medical services not involving overnight housing of patients.

Medical Marijuana Regulation and Safety Act or MMRSA shall mean and refer to the following three bills signed into law on October 9, 2015, as the same may be amended from time to time:

AB 243,

AB 266,

SB 643.

Mixed-use project means the development of a parcel or structure with two or more different land uses (e.g., a combination of residential, office, commercial retail, public, or entertainment) in a single or physically integrated structure or group of structures.

Mobile home.

(1)

The term "mobile home" means a structure that:

a.

Was constructed prior to June 15, 1976;

b.

Is transportable in one or more sections;

c.

Is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet;

d.

Is built on a permanent chassis; and

e.

Is designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

(2)

The term "mobile home" includes any structure that meets all the requirements of subsection (1) of this definition and complies with the State standards for mobile homes in effect at the time of construction.

(3)

The term "mobile home" does not include a commercial modular, as defined in Health and Safety Code § 18001.8; factory-built housing, as defined in Health and Safety Code § 19971; a manufactured home, as

defined in Health and Safety Code § 18007; a multifamily manufactured home, as defined in Health and Safety Code § 18008.7; or a recreational vehicle, as defined in Health and Safety Code § 18010.

(4)

Notwithstanding any other provision of law, if a provision of this chapter uses the term "mobile home," and it clearly appears from the context that the term "mobile home" should apply only to mobile homes, the provision shall apply only to those mobile homes. If any provision of this chapter, by its context, requires that the term applies to mobile homes or manufactured homes without regard to the date of construction, the provision shall apply to both mobile homes, as defined above, and manufactured homes, as defined in this section.

Mobile home, new. See manufactured home, new.

Mobile home, used. See manufactured home, used.

Mobile home park means any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership to accommodate manufactured homes, mobile homes, or recreational vehicles used for human habitation. Notwithstanding this definition, employee housing that has obtained a permit to operate pursuant to the Employee Housing Act (Health and Safety Code § 17000 et seq.) and that both meets the criteria of Health and Safety Code § 17021.6, and is comprised of two or more lots or units held out for lease or rent or provided as a term or condition of employment, shall not be deemed a mobile home park for the purposes of the requirement to obtain an initial or annual permit to operate or pay any related fees required by this chapter. Notwithstanding this definition, an area or tract of land shall not be deemed a mobile home park if the structures on it consist of residential structures that are rented or leased, or held out for rent or lease, if those residential structures meet both of the following requirements. First, the residential structures are manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.), or mobile homes containing two or more dwelling units for human habitation. Second, those manufactured homes or mobile homes have been approved by a City, County, or City and County pursuant to Health and Safety Code § 17951(e) as an alternate which is at least the equivalent to the requirements prescribed in the California Building Standards Code or Part 1.5 of the Health and Safety Code (Health and Safety Code § 17910 et seq.) in performance, safety and for the protection of life and health.

Motel. See hotel.

Multifamily manufactured home.

(1)

The term "multifamily manufactured home" means a structure, transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units, a dormitory, or efficiency unit, to be used either with a support system pursuant to Healthy and Safety Code § 18613 or a foundation system pursuant to Health and Safety Code § 18551(a).

(2)

The term "multifamily manufactured home" includes a structure, transportable under permit in one or more sections, designed to be used with a foundation system for three or more dwelling units, as defined by Health and Safety Code § 18003.3.

Notwithstanding any other provision of law, all provisions of law that apply to manufactured homes shall apply equally to multifamily manufactured homes, except as provided in this definition. For purposes of this definition, the term "dormitory" means a room or rooms inhabited for the purposes of temporary residence by two or more persons; the term "efficiency unit" has the same meaning as defined in Health and Safety Code § 17958.1; and the term "multiunit manufactured housing" has the same meaning as "multifamily manufactured home," as that term is defined in this definition.

ition. For purposes of this definition, the term "dormitory" means a room or rooms inhabited for the purposes of temporary residence by two or more persons; the term "efficiency unit" has the same meaning as defined in Health and Safety Code § 17958.1; and the term "multiunit manufactured housing" has the same meaning as "multifamily manufactured home," as that term is defined in this definition.

Multiple family residential duplex means a unit within a separate and detached building within a multiple family residential zone, which building consists of two self-contained units within the confines of the building, each of which provides housing accommodation for a single family within the confines of the unit. Duplexes that are able to undergo the subdivision process and are sold to differing entities do not qualify as accessory dwelling units.

New Construction refers to site preparation for, and construction of, entirely new structures and/or additions greater than 51 percent of the floor area to existing buildings or buildings receiving rehabilitation costing more than 51 percent of the replacement cost and which are required to comply with all the provisions of the California Building Standards Code for new buildings. For floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by the City, and includes any subsequent improvements to such structures.

Noise means any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. Noise, simply, is unwanted sound. Certain noise levels are detrimental to the health and safety of individuals and are considered a public nuisance.

Nonconforming lot means any parcel of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the property was granted a building permit, but which, due to any subsequently enacted ordinance or law, or other change in circumstances, no longer complies with all of the applicable regulations and standards of the zoning district in which the property is located.

Nonconforming structure means any structure or improvement upon land, including any sign, other than the land itself, that was lawfully established and in compliance with all applicable ordinances and laws at the time the structure or improvement was established, but which, due to any subsequently enacted ordinance or law, or other change in circumstances, no longer complies with all of the applicable regulations and standards of the zoning district in which the structure or improvement is located.

Nonconforming use means any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established, but which, due to any subsequently enacted ordinance or law or other change in circumstances, no longer complies with all of the applicable regulations and standards of the zoning district in which the use is located.

Non-electric vehicle means any motor vehicle that does not meet the definition of electric vehicle or plug-in electric vehicle.

Nonmotorized vehicle means a vehicle or object that is not self-propelled and must be drawn by a motorized vehicle. The term "nonmotorized vehicle" includes trailer, camp trailer, semi-trailer, and trailer coach.

Non-primary residence means anyone who owns residential property in the City that is not their "primary residence."

Nonresident means any person who does not qualify as a "resident" as that term is defined by this section.

Objective standards means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

Occupancy means the use or possession, or the right to the use or possession of any room or rooms or space or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. The use or possession or right to use or possess any room or any suite of connecting rooms as office space, banquet or private dining rooms, or exhibit, sample or display space shall not be considered "occupancy" within the meaning of this definition unless the person exercising occupancy uses or possesses, or has the right to use or possess all or any portion of such room or suite of rooms for dwelling, lodging or sleeping purposes.

One-hundred-year flood or 100-year flood. See base flood.

Onsite waiting area means the designated area outside of a building used to contain patrons or clients prior to the patrons or clients entering the building for the gathering or processing of information.

Open space means land areas which are not occupied by buildings, structures, parking, streets, or alleys.

Out-call massage service means any massage business that engages in or carries on massage at a location other than at a massage establishment.

Outdoor area or incidental outdoor area means any ancillary outdoor area of an established retail business or food shop, consisting of outdoor furniture arranged directly along the sidewalk paving of the subject business.

Outdoor display area or display area means an easily removable extension of an established retail shop, consisting of movable display tables, standing sign, shelves, and/or racks that are arranged directly upon the sidewalk paving as an adjunct and directly adjacent to a retail business for the purpose of displaying, exhibiting, or offering for sale the merchandise sold inside the retail shop.

Outdoor sale means the temporary display of goods and merchandise for sale, outside a building, on private or publicly owned land in a nonresidential zone.

Oversized vehicle means a motorized or nonmotorized vehicle or any combination thereof, which exceeds 23 feet in length, and/or 97 inches in width, and/or 90 inches in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the California Vehicle Code as it now exists or hereafter may be amended.

Owner means a person or entity, who holds record fee title to the property, except that "owner" does not include the holder of a leasehold interest in the property.

Parcel means a portion of land under one ownership that has been legally subdivided or combined and is shown as a single lot or property on the latest equalized assessment roll.

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

Patio cover means a roof-like structure either with open trellis work or solid material, placed over a surfaced area that is open on at least two sides.

Patio home means a detached single-family residence within a complex with common area and yards maintained by a common association.

Paved ancillary parking area means the area between the driveway of a residence and the closest adjacent property line that may be paved and used for the purposes of parking or storing of vehicles.

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Permitted use means any use allowed in a zoning district and subject to the provisions/regulations applicable to that district.

Person means an individual or a firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal or State government, City, County,

special district, any other governmental entity, or any other group or combination of groups acting as an entity.

Pharmacist means a natural person to whom a license has been issued by the board, under Business and Professions Code § 4200. The holder of an unexpired and active pharmacist license issued by the State Board of Pharmacy is entitled to practice pharmacy.

Pharmacist-in-charge means a pharmacist proposed by a pharmacy and approved by the State Board of Pharmacy as the supervisor or manager responsible for ensuring the pharmacy's compliance with all state and federal laws and regulations pertaining to the practice of pharmacy.

Pharmacy means an area, place, or premises licensed by the State Board of Pharmacy in which the profession of pharmacy is practiced and where prescriptions are compounded. Pharmacy includes, but is not limited to, any area, place, or premises described in a license issued by the State Board of Pharmacy wherein controlled substances, dangerous drugs, or dangerous devices are stored, possessed, prepared, manufactured, derived, compounded, or repackaged, and from which the controlled substances, dangerous drugs, or dangerous devices are furnished, sold, or dispensed at retail. Pharmacy shall not include any area in a facility licensed by the State Department of Public Health where floor supplies, ward supplies, operating room supplies, or emergency room supplies of dangerous drugs or dangerous devices are stored or possessed solely for treatment of patients registered for treatment in the facility or for treatment of patients receiving emergency care in the facility.

. Pharmacy shall not include any area in a facility licensed by the State Department of Public Health where floor supplies, ward supplies, operating room supplies, or emergency room supplies of dangerous drugs or dangerous devices are stored or possessed solely for treatment of patients registered for treatment in the facility or for treatment of patients receiving emergency care in the facility.

Pharmacy technician means an individual who assists a pharmacist in a pharmacy in the performance of his or her pharmacy related duties, as specified in Business and Professions Code § 4115.

Pharmacy technician trainee is a person who is enrolled in a pharmacy technician training program operated by a California public postsecondary education institution or by a private postsecondary vocational institution approved by the Bureau for Private Postsecondary and Vocational Education.

Phosphoric acid fuel cell (PAFC) means a type of fuel cell in which the electrolyte consists of concentrated phosphoric acid (H3PO4) and protons (H+) are transported from the anode to the cathode.

Platform agreement means a signed agreement between a home-sharing hosting platform (platform) and the City, which, among other things, provides that the platform will collect and submit the transient occupancy tax to the City on behalf of hosts and persons listed for short-term rentals.

Plug-in electric vehicle (PEV) means any motor vehicle registered to operate on State public roadways and operates, either partially or exclusively, on electrical energy from the grid or an off-board source that is stored on board for motive purpose, including battery electric vehicle (BEV), plug-in hybrid electric vehicle (PHEV), neighborhood electric vehicle (NEV) and an electric motorcycle.

Point of service means the battery charging station from which the charging service is provided.

Precise plan means a plan prepared for a development that is based on the general proposals in the general plan. A precise plan may also be a detailed plan for developing property in compliance with the provisions of this chapter.

Precise plan amendment means a request for the alteration of, or addition to, a structure which was originally approved under a precise plan.

Primary residence means a host's permanent residence or usual place of return for housing as documented by evidence of occupancy as determined by the City Finance Department and Community Development Department. A person may only have one primary residence and must reside there for a minimum of 265 days per year.

Principal use means the main, primary, or predominant use of any parcel or structure.

Property line. See lot line.

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

Proton exchange membrane (PEM) fuel cell means a fuel cell that uses a solid catalyst coated membrane, similar in consistency to thick plastic wrap, to allow positively charged ions to pass through it, but block electrons.

Public dance means any dance where two or more persons dance or are permitted to dance in or upon any premises to which the public is admitted, either with or without charge.

Public right-of-way means a strip of land acquired by reservation, dedication, prescription or condemnation and occupied or intended to be occupied by a road, trail, water line, sanitary sewer, and/or other public uses.

Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Qualified buyer means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

Qualified nonprofit corporation means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special nointerest loan program.

Qualifying patient or qualified patient shall have the same meaning as set forth in California Health and Safety Code § 11362.7, as may be amended from time to time.

Queuing lane means an area for temporary waiting of motor vehicles while obtaining a service or other activity from a drive-up service window/facility.

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

Recreational vehicle or object means a motorized or nonmotorized recreational vehicle or an object designed for recreational purposes, including camper shells off a truck, boats, trailer coaches, travel trailers, fifth wheel trailers, camp trailers, jet skis, and other non-self-propelled vehicles but also including off-road motorcycles, snowmobiles, airplanes, and any other vehicle made to carry one or more persons but not including bicycles, tricycles, on-road motorcycles and scooters. The term "recreational vehicle or object" shall not include permanently-founded manufactured homes or mobile homes.

Religious institution means a structure that is used primarily for religious worship and related religious activities, including churches, temples, and mosques.

Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel or short-term rental valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Nothing in this definition shall be construed to mean that rent is charged directly or indirectly for the occupancy of space in a hotel or short-term rental when that space is provided to the occupant as a compliment from the operator and where no consideration is charged to or received from any other person.

Research and development means the scientific or commercial investigation of, and inquiry into, new products and manufacturing processes, light manufacturing and related uses.

Resident means a person whose place of domicile or, in the case of an entity, its place of operation, is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At any given time, a person may be a resident of only one city. For purposes of this chapter, the term "resident" includes each of the following:

(1)

Every person who is in the City for other than a temporary or transitory purpose;

(2)

Every person domiciled in the City who is outside the City for a temporary or transitory purpose; and

(3)

Any person who is a resident even though temporarily absent from the City.

Responsible party means the lessee of a short-term rental property.

Rental unit means a dwelling unit, guest room, accessory dwelling unit, other residential structure, or portion thereof that is rented out.

Retail pharmacy means any retail establishment, including any location with an on-site pharmacy, in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

Retail sales means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of the goods.

Review authority means the person, committee, or council designated by the City as responsible for the review and final determination on a land use entitlement, map, permit, or amendment.

Rooming and/or boardinghouse means a dwelling structure, or part thereof, that has no more than one dining room and in which, for compensation, two or more rooms are leased and/or meals are provided by the week or month.

Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh, or bar configured and in the shape of a shallow dish/cone, used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include what are referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

School means 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 in compliance with the 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. Neither shall the term "school" apply to a tutorial facility, a child day care facility, or a day care center.

Secondary dwelling unit. See residence, second unit.

Secondhand/thrift store means a use where used articles, goods, merchandise, or wares are offered for sale but not including the working on or dismantling of such items.

Self-storage facility means a building or group of buildings, in a controlled access and fully enclosed compound, which contains various sized, individual compartmentalized and controlled access stalls for the storage of customers' goods and possessions. The facility shall be limited to storage only. No other activities other than the replacement or retrieval of personal goods shall be allowed within the units or within the compound.

Service station means any structure or parcel for a business whose primary use is to supply gasoline and other fuels, and may include the provision for minor services to automobiles and other motor vehicles. The term "service station" includes the term "gas station."

Setback means the required distance that a structure, use, or parking area shall be located from a lot line.

Short-term rental (STR).

(1)

The term short-term rental shall mean a transient use, vacation rental or vacation-rental property, means either:

a.

A residential dwelling unit or any portion thereof in a residential zone, utilized for residing, lodging, or sleeping purposes for that is leased for a term of 30 or fewer consecutive calendar days, counting portions of days; or

b.

A home-sharing property.

The term short-term rental is synonymous with vacation rental, vacation rental property, and transient use in a residential zone.

(2)

The term short-term rental includes any residentially zoned hotel, inn, tourist home, or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.

(3)

The term short-term rental does not mean any of the following:

a.

Any hospital, sanitarium, medical clinic, convalescent home, rest home, home for the aged people, foster home, or other similar facility operated for the care or treatment of human beings.

b.

Any asylum, jail, prison, orphanage or other facility in which human beings are detained and housed under legal restraint.

c.

Any housing owned or controlled by an educational institution and used exclusively to house students, faculty or other employees, and any fraternity or sorority house or similar facility occupied exclusively by students and employees of such educational institution, and officially recognized or approved by it.

d.

Any housing operated or used exclusively for religious, charitable or educational purposes by any organization having qualifications for exemption from property taxes under the laws of the State.

e.

Any housing owned by a governmental agency and used to house its employees or for governmental purposes, or other housing furnished by an employer exclusively for employees.

Short-term renter means:

(1)

Any person, other than an individual, who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement, for any period of time, or

(2)

Any individual who personally exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement, for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such individual so occupying space in a hotel or shortterm rental shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. Nothing in this definition or in this article shall be construed as prohibiting the operator of a hotel or shortterm rental from refunding or making an allowance of credit to a person who has paid tax as required by this article where it is established that the person was not a "transient" as defined in this section or was exempt from the tax for any other reason, or had for any reason overpaid the tax. The term short-term renter is synonymous with transient.

Sign means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes and shall include every announcement, declaration, demonstration, display, illustration, insignia, surface, or space when erected, painted or maintained in view of the general public for identification, advertisement or promotion of the interest of any person.

Sign, animated, means a sign with movement or rotation in excess of eight revolutions per minute or a sign using or being a stereopticon, motion picture, searchlight, or wind-activated device, including balloons, banners, or flags; or a sign using live animals; or a sign which changes color or flashes on and off.

Sign, changeable copy, means a sign which is characterized by changeable copy, regardless of method of attachment.

Sign, electronic, means a permanently installed illuminated panel that presents variable advertising messages displayed by an electronically controlled lighting pattern against a contrasting background, and may be programmed to change the message display periodically.

Sign, official, means a sign required to be posted by the laws of the United States, the State, County, or the City or courts or administrative agencies thereof.

Sign, offsite advertising, means a sign that promotes or advertises goods or services that are not available on the property where the sign is placed.

Sign, projecting, means a sign extending outward in a plane other than parallel from the structure to which it is attached.

Sign, roof, means a sign attached to a building so that a part of the sign is higher than the roof or parapet of the building.

Signs, window, means signs mounted on windows and doors, except for allowed temporary signs.

Single family residential duplex means a proposed housing development containing no more than two residential units located on a single lot in a single family residential zone. The residential units may be located in a single building that contains two primary residential units (also known as a duplex housing product) or in two detached buildings. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.

Single room occupancy (SRO) facility means a cluster of guest units within a residential hotel of weekly or longer tenancy providing sleeping or living facilities in which sanitary and cooking facilities may be provided in the unit or shared within the facility.

Skilled nursing facility means facilities providing nursing and health-related care as a primary use with inpatient beds and includes board and care homes, convalescent and rest homes, extended care facilities and rehabilitation centers. The term "skilled nursing facility" does not include long-term personal care facilities that do not emphasize medical treatment.

Slope means the degree of deviation of a surface from the horizontal plane, usually expressed in degrees, percentages, or as a ratio of feet of vertical change over a given horizontal distance (e.g., 4:12).

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Solar access means the provision of direct sunlight to an area specified for solar energy collection when the sun's azimuth is within 45 degrees of true south.

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Special event. See community event.

Special permit means a permit that authorizes an applicant to conduct a special event or type of business at a specific location. The event is subject to compliance with all the terms and conditions imposed on the permit.

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

Specific plan means a regulatory tool authorized by California Government Code § 65450 et seq. for the systematic implementation of the general plan for a defined portion of a community's planning area. A specific plan specifies in detail the land uses, public and private facilities needed to support the land uses, phasing of development, standards for the conservation, development, and use of natural resources, and a program of implementation measures, including financing measures.

Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Storage means the keeping/maintaining of goods/materials for a period of time in excess of 72 hours.

Story means that portion of a structure included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling above it.

Streets, local. See streets, minor.

Streets, major, means the transportation network that includes a hierarchy of freeways, arterials, and collectors to service through traffic.

Streets, minor, means local streets not shown on the circulation plan, map, or diagram whose primary intended purpose is to provide access to fronting properties.

Streets, through, means streets that extend continuously between other major streets in the community.

Strip center means a multi-tenant shopping center with up to 15,000 square feet of gross floor area.

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground and includes any building, road, pipe, conduit, siphon, telephone line, and/or electrical power transmission and distribution line.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations or State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

(2)

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Supervising pharmacy means a licensed pharmacy located in this state that is owned and operated by a person or persons where the majority of the beneficial interest in, as well as the management and control, resides with at least one California State Board of Pharmacy licensed pharmacist, as defined in Business and Professions Code § 4036, that exclusively oversees the operations of a remote dispensing site pharmacy. A supervising pharmacy shall be exclusively responsible for the operation of the remote dispensing site pharmacy and its employees pursuant to Business and Professions Code § 4131.

Supportive housing means housing with no limit on the length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing may be designed as a residential group living facility or as a regular residential use and includes the following:

(1)

Residential apartment type means three or more dwelling units on one parcel, where each unit functions as a single housekeeping unit and no onsite social services are provided. This use is subject to the R-3 Multiple-Family Residential District development standards of this chapter.

(2)

Residential duplex type means two more dwelling units on one parcel, where each unit functions as a single housekeeping unit and no onsite services are provided. This use is subject to the Duplex development standards of this chapter.

(3)

Residential group living six persons or fewer or single-family type means one residential facility on a parcel, with six residents or fewer (including minor children), excluding staff, that operates as a group living facility, where the residents share a common living area and a kitchen.

(4)

Residential group living seven persons or more means a residential facility, with seven or more residents, that operates as a group living facility where the residents share a common living area and a kitchen.

Swap meet (indoor/outdoor) means the retail sale or exchange of new, handcrafted, and/or secondhand merchandise from temporary spaces/stalls/booths by one or more individual vendors. The term "swap meet" includes the terms "flea market" and "rummage sale."

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

Target population means persons, including persons with disabilities, and families who are homeless, as that term is defined by 42 USC 11302, or who are homeless youth, as that term is defined by Government Code § 11139.3(e)(2).

Tattoo parlor, body piercing, permanent make-up, and similar establishment or parlor means a place where people receive permanent decorative tattoos from a tattoo artist and/or body piercings, and/or permanent make-up, but does not include severe body mutilation.

Tattooing means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.

Telepharmacy, means a system that is used by a supervising pharmacy for the purpose of monitoring the dispensing of prescription drugs by a remote dispensing site pharmacy and provides for related drug regimen review and patient counseling by an electronic method, including, but not limited to, the use of audio, visual, still image capture, and store and forward technology.

Transitional housing means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. The term "transitional housing" shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone.

Transitional housing development means a housing development configured such that each unit constitutes a unit of transitional housing, with examples being the following:

(1)

Residential apartment type means three or more dwelling units on one parcel, where each unit functions as a single housekeeping unit and no onsite social services are provided. This unit is subject to the duplex or R-3 Multiple-Family Residential District development standards of this chapter.

(2)

Residential duplex type means two more dwelling units on one parcel, where each unit functions as a single housekeeping unit and no onsite social services are provided. This use is subject to the Duplex development standards of this chapter.

(3)

Residential group living six persons or fewer or single-family type means one residential facility on a parcel, with six residents or less (including minor children), excluding staff, that operates as a group living facility, where the residents share a common living area and a kitchen. The facility is similar to a residential community care facility with six persons of less, and subject to the same development standards.

(4)

Residential group living seven persons or more means a residential facility, with seven or more residents, excluding staff that operates as a group living facility where the residents share a common facility with seven persons or more, and subject to the same development standards.

Telecommunication facilities. See communication facilities.

Temporary use means a use established for a specified/limited period of time, with the intent to discontinue the use at the end of the designated time period. Temporary uses include such uses as construction trailers and guard offices, temporary structures, environmental remediation units, and outdoor sales.

Tenant space access means a clearly defined and legal means of access for pedestrians and motor vehicles, either directly or indirectly, from a public right-of-way.

Traffic safety triangle means a space that is set aside on a street corner or driveway entrance in which all visual obstructions (e.g., structures and plantings) that can prevent visibility, and thus could be a hazard to traffic and pedestrian safety, are prohibited.

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Trailer, residential. See mobile home.

Transient. See short-term renter.

Transient use. See short-term rental.

Transportation demand management (TDM) means the implementation of programs, policies, or permit approvals designed to encourage changes in individual travel behavior, including emphasis on alternative travel modes to single occupant vehicle use, including carpools, vanpools, and public transit, reduction or elimination of vehicle trips, shifts in peak hour vehicle commuting, and similar measures and programs.

Turf, artificial, means a synthetic grass-like manmade surface made from nontoxic synthetic materials to resemble thriving, live, green grass.

Turf, live, means a surface layer of matted earth covered with grass.

Tutorial facility means a school, teaching, or training facility that provides individual instruction or instruction to groups of eight students or less in one or more topics of curriculum taught in California public schools, with clients from pre-kindergarten through adult. A tutorial facility shall not include a facility solely providing instruction in extracurricular activities including dance, swimming, music, martial arts, or religious studies.

Un-hosted stay means a home-sharing activity whereby the host remains off-site during the guest's stay.

Uniform Building Code means the current edition of the Uniform Building Code as has been officially adopted by the City regarding construction standards, approved materials and projection standards unless otherwise specified herein.

Urban lot split means residential tentative parcel map subdivision of an existing legal parcel in a single family residential zone which creates no more than two new parcels of approximately equal lot area, from an existing conforming parcel in a single family residential zone. For the purposes of this Code, the urban lot split subdivision shall be in accordance with the Subdivision Map Act and City requirements for a parcel map, including a tentative parcel map, per chapter 44 article VI of this Code.

Use means the purpose (type and extent) for which land or a structure is arranged, designed, or intended or for which either land or a structure is occupied or maintained.

Use inauguration (initiation) means the implementation of a use on a parcel or the occupancy of a structure, subject to determination by the Community Development Director.

Vacation rental. See short-term rental.

Vacation rental property. See short-term rental.

Variance means a discretionary entitlement which permits a departure from the strict application of the development standards contained in this chapter.

Veterinary clinic means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services.

Veterinary pharmacy includes, but is not limited to, any area, place, or premises described in a permit issued by the board wherein veterinary food-animal drugs, as defined in Business and Professions Code § 4042, are stored, possessed, or repackaged, and from which veterinary drugs are furnished, sold, or dispensed at retail pursuant to a prescription from a licensed veterinarian.

Village residential overlay provides for a variety of housing types within one project or development, ranging from single-family housing to multiple-family dwellings, including affordable housing projects, or senior housing projects that involve tailored development standards and site design.

Vocational/trade schools means private schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technical schools, and similar commercial establishments.

Wall means any structure or device forming a physical barrier, which is so constructed that 50 percent or more of the vertical surface is closed and prevents the passage of light, air, and vision through such surface in a horizontal plane. This shall include concrete, concrete block, masonry, stone, wood, or other material that are solids and are so assembled as to form a solid barrier.

Wholesaler means and includes a person who acts as a wholesale merchant, broker, jobber, customs broker, reverse distributor, agent, or a nonresident wholesaler, who sells for resale, or negotiates for distribution, or takes possession of, any drug or device included in Business and Professions Code § 4022. Unless otherwise authorized by law, a wholesaler may not store, warehouse, or authorize the storage or warehousing of drugs with any person or at any location not licensed by the State Board of Pharmacy.

Workshop means a permanently founded accessory structure that has access to electrical service and which shall not be utilized for habitation.

Xeriscaping means landscaping designed specifically for areas that are susceptible to drought or for properties where water conservation is practiced.

Yard means any open space, other than a court, on the same lot with a building or a dwelling group, which is generally open from the ground to the sky, except for the projections or accessory buildings permitted by this chapter. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this chapter, may be considered as providing a yard or open space for any other building; nor may any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

Yard, front, means an area extending across the full width of the parcel between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto.

Yard sale. See garage sale.

Yard, side, means an area extending from the required front yard to the required rear yard and from the side lot line to a setback line parallel thereto.

Yard, rear, means an area extending across the full width of the parcel between the rear lot line and a setback line parallel thereto.

==> picture [360 x 196] intentionally omitted <==

Zero emission vehicles (ZEV) means any vehicle driven only by an electric motor that is powered by advanced technology batteries (BEV) or a hydrogen fuel cell (FCEV) and produces zero tailpipe emissions or pollution when stationary or operating.

Zero lot line means the location of a structure on a parcel in which one or more of the structure's sides rest directly on a lot line and maintenance easements are provided.

==> picture [360 x 285] intentionally omitted <==

Zoning district means a land area shown or described in the zoning land use map to which uniform regulations apply.

Zoning land use map means the official map which describes thereon the several zoning districts to which the regulations set forth in this chapter shall apply.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-01, § 4, 1-19-16; Ord. No. 2016-02, § 4, 1-19-2016; Ord. No. 2016-06, § 7, 5-3-2016; Ord. No. 2018-02, § 4, 5-15-2018; Ord. No. 2018-03, § 4, 5-15-2018; Ord. No. 2020-03, §§ 4, 5, 6-2-2020; Ord. No. 2022-01, §§ 4, 5, 7, 8, 5-3-2022; Ord. No. 2022-05, § 4, 8-2-2022; Ord. No. 2022-06, § 6, 8-2-2022; Ord. No. 2023-02, § 4, 2-7-2023; Ord. No. 2023-03, § 4, 3-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Secs. 44-11—44-38. - Reserved. ARTICLE II. - ZONING DISTRICTS AND ALLOWABLE LAND USE DIVISION 1. - GENERALLY

Sec. 44-39. - Establishment of zoning districts.

The City shall be divided into zoning districts that implement the general plan. The following zoning districts are established and shall be shown on the official zoning map, which is hereby incorporated by reference into this chapter:

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-40. - Location of boundaries.

The location and boundaries of the various zoning districts are as shown and delineated on the zoning map of the City.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-41. - Changes in boundaries.

Changes in the boundaries of the zoning districts shall follow the process established in Section 44-668.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-42. - Uncertainty of boundary location.

Where uncertainty exists as to the boundaries of any zoning district, the following rules shall apply:

(1)

Where zoning district boundaries are indicated as approximately following street and alley centerlines, the boundaries shall be construed to be the centerlines. Where zoning district boundaries are indicated as approximately following lot lines, the boundaries shall be construed to be the lot lines.

(2)

In the case where a zoning district boundary divides a lot, the location of the boundaries shall be indicated by dimensions or description on the zoning map. Where dimensions or description are missing, the boundaries shall be determined by use of the scale shown on the zoning map.

(3)

If uncertainty still exists, the City Council shall determine the boundary.

(4)

Where a public street or alley is officially vacated or abandoned, the area comprising the vacated street or alley shall acquire the classification of the property to which it reverts.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 8, 5-3-2016)

Sec. 44-43. - Unclassified property.

(a)

Property that, for any reason, is not designated on the zoning map as being classified in any of the zoning districts established by this chapter shall be deemed to be classified R-1, Single-Family Residential District. Land hereafter annexed to the City shall be zoned and classified in the R-1, Single-Family Residential District, unless a specific classification is established.

(b)

Whenever the City deems that the zoning of annexed land as R-1 is not adequate or desirable, the Community Development Director may recommend, and the City Council may adopt, the zoning district applicable to the annexed lands through the manner prescribed for amending this Development Code.

(c)

Dedicated streets or alleys and railroad rights-of-way, other than those designated on the zoning map, shall be deemed to be unclassified and, in the case of streets, permitted to be used only for purposes lawfully allowed and, in the case of railroad rights-of-way, permitted to be used solely for the purpose of accommodating tracks, signals, other operative devices, and the movement of the rolling stock. For the purpose of constructing residential units, the density shall be based upon the lot area after dedication, if any.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 9, 5-3-2016)

Sec. 44-44. - Cannabis related uses, commercial cannabis activities, deliveries, and cultivation prohibited.

(a)

Prohibitions. The following uses are prohibited in all zones in the City as follows:

(1)

Cannabis related uses. All Cannabis related uses, including but not limited to cooperatives, cultivation, deliveries, dispensaries, and other commercial cannabis activities for which a State license is required under the MMRSA, are prohibited throughout the City. The City shall not issue any permit, or process any license or other entitlement for any Cannabis related use or any other activity for which a State license is required under the MMRSA. No person shall establish, operate, conduct, permit or allow any Cannabis related use anywhere within the City as prohibited under this subsection.

(2)

Commercial cannabis activities. All commercial cannabis activities, including but not limited to cooperatives, cultivation, deliveries, and dispensaries, are expressly prohibited throughout the City regardless of whether or not the commercial cannabis activity is for medical cannabis or cannabis used for medicinal purposes. The City shall not issue any permit, or process any license or other entitlement for any commercial cannabis activity. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the City.

(3)

Cannabis deliveries. All deliveries of cannabis and medical cannabis are expressly prohibited in the City. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the City.

(4)

Cannabis cultivation. The cultivation of cannabis, regardless of whether for commercial or non-commercial purposes, and including cultivation by a qualified patient or primary caregiver, is expressly prohibited throughout the City. No person, including but not limited to a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the City, regardless of whether or not the cannabis is intended to be used for medical purposes.

(b)

Public nuisance. Any use or condition caused, or permitted to exist, in violation of any provision of this section shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure § 731 or any other remedy available at law.

(c)

Civil penalties. In addition to any other enforcement permitted by Code, the city attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this section. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. No. 2016-02, § 5, 1-19-2016)

Secs. 44-45—44-74. - Reserved. DIVISION 2. - RESIDENTIAL ZONING DISTRICTS

Sec. 44-75. - Purpose.

This division provides regulations applicable to development and land uses in the residential zoning districts established by Section 44-39. The purpose of the individual residential zoning districts and the manner in which they are applied is provided in Section 44-76.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-76. - Purpose of residential zoning districts.

(a)

R-1, single-family residential. The R-1 zoning district identifies areas intended for single-family housing types, including conventional single-family detached homes, patio homes, zero lot line homes, mixed-use developments, and attached, lower-density developments such as single family residential duplexes. The allowable density range is from 1.0 to 8.7 dwelling units per net acre. The R-1 zoning district is consistent with the single-family residential land use designation of the general plan.

(b)

R-3, multiple-family residential. The R-3 zoning district identifies areas intended for the development of a range of attached and detached residential uses. Typical housing types include higher density single-family residences, patio homes, zero lot line homes, mixed-use developments, and attached multiple-family dwellings such as multiple family residential duplexes, townhomes, condominiums, and garden apartments. Smaller sites composed of two acres or less are permitted to be developed with a maximum density of ten dwelling units per net acre. Larger sites that are between two and one-tenth to four acres are permitted to be developed with densities up to 15 dwelling units per net acre and sites composed of at least four and one-tenth acres are permitted to be developed with a maximum density of 25 dwelling units per net acre. The R-3 zoning district is consistent with the multiple-family residential land use designation of the general plan.

(c)

VRO, village residential overlay. The VRO designation is intended as an overlay zone for certain areas within the multiple-family residential land use designation that involve special development opportunities and require a tailored approach to planning and design. The designation is intended to provide for a variety of housing types within one project or development, ranging from single-family housing to multiple-family dwellings. The types of developments that are suitable to the village residential overlay include affordable housing projects, senior housing projects, or multiple family residential duplexes that involve tailored development standards and site design. Such tailored development standards and site design shall be permitted only upon approval of the City Council via specific plan. Absent City Council approval of a tailored site design or of tailored development standards for a particular parcel, the development standards applicable to all properties in the R-3 zone as detailed in section 44-79 et seq. apply all parcels to which the VRO designation is applied.

VRO, specific plan required. It is required that the design and development of a parcel within the VRO with tailored development standards shall only be conducted in accordance with the provision of state law and approved by the City Council. Any specific plan for development within the VRO shall specify, among other features, the distribution, densities, location and extent of uses of land, including open space; and the standards and criteria by which development will proceed within the VRO.

VRO, density. The maximum allowable density on a parcel within the multiple-family residential (R-3) to which the VRO designation is applied shall be 30 units to the acre (30 du/ac), regardless of the size of the parcel in the multiple-family residential (R-3) to which the VRO designation is applied. Approval of the specific plan by the City Council shall establish the density for parcels upon which a specific plan is required for tailored development standards. No component of a specific plan in the VRO shall have more than (30 du/ac) unless a request for a density bonus is approved under State Density Bonus Law.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 10, 5-3-2016; Ord. No. 2019-01, § 4, 1-15-2019; Ord. No. 2022-01, § 9, 5-3-2022; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-77. - Precise plan required.

A precise plan shall be required for all residential development except for single-family dwellings on previously subdivided lots, and for all nonresidential developments exceeding 2,000 square feet of total floor area.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 11, 5-3-2016; Ord. No. 2022-01, § 10, 5-3-2022; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-78. - Allowed uses.

The following table indicates those uses that are permitted (P), allowed subject to the approval of a conditional use permit (C), or prohibited (X) in residential zoning districts:

KEY TO ALLOWABLE USES AND PERMIT REQUIREMENTS

Notes:

See section 44-139, regarding uses not listed.

See article I for definitions of land uses.

TABLE II-1. ALLOWABLE USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS

• Requires written approval of landlord/property manager.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-02, § 6, 1-19-2016; Ord. No. 2018-03, § 5, 5-15-2018; Ord. No. 2022-01, § 11, 5-3-2022; Ord. No. 2022-06, § 7, 8-2-2022; Ord. No. 2023-02, § 5, 2-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-79. - Development standards for residential zoning districts.

(a)

New land uses and structures and alterations to existing land uses and structures shall be designed, constructed, and/or established in compliance with the requirements in table II-2 (development standards for residential zoning districts), in addition to all other applicable development standards (e.g. landscaping, parking, loading, etc.) in article III (standards applicable in all zoning districts).

(b)

Permanently sited manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.) may not be excluded from lots zoned for single-family dwellings, and are subject to the same rules a site-built homes, except architectural requirements concerning the manufactured home's roof overhang, roofing materials, and siding materials. Pursuant to California Government Code § 65852.4, and with the exception of architectural requirements, the City shall not subject an application to permanently site a manufactured home on a lot zoned for singlefamily dwelling to any administrative permit, planning or development process, or requirement which would not be imposed on a conventional site-built single-family residential dwelling on the same lot.

TABLE II-2. DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS

1 For conventional single-family parcels only. For other permissible housing types, minimum lot size shall be determined by density range or section 44-1259.

2 This setback requirement applies in the applicable residential property zone, unless another, more specific setback requirement applies, or unless otherwise preempted by law. Paved areas other than the driveway and paved ancillary parking area shall not encroach into the required front yard area in single-family developments.

3 This setback requirement applies in the applicable residential property zone, unless another, more specific setback requirement applies, or unless otherwise preempted by law. Tailored development standards and site design permitted on housing projects, other than conventional single-family, shall be permitted with approval of the City Council.

4 20-foot setback for front loaded garages and 15 feet for side-loaded garages.

5 This setback requirement applies in the applicable residential property zone, unless another, more specific setback requirement applies, or unless otherwise preempted by law.

6 Ten-foot rear yard setback provided the rear yard backs up to an arterial roadway, railroad right-of-way, Southern California Edison right-ofway, flood control channel, industrial zoned property, or commercial zoned property and maintain a minimum rear yard area of 1,000 square feet.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 12, 5-3-2016; Ord. No. 2020-03, § 6, 6-2-2020; Ord. No. 2022-01, § 12, 5-3-2022; Ord. No. 2024-04, § 4, 12-10-2024)

(a)

Lighting in multifamily housing type occupancies shall be as follows:

(1)

Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity per Section 44-278 at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandalism-resistant covers.

(2)

Open parking lots and carports shall be provided with a maintained minimum of one foot-candle of light on the parking surface during hours of darkness. Lighting devices shall be protected by vandal-resistant covers. These lighting devices shall be automatically energized during hours of darkness.

(3)

Each residential unit of multifamily housing type occupancies shall have an enclosed parking space with a garage door equipped as in Section 10-336.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-81—44-101. - Reserved.

DIVISION 3. - RESIDENTIAL SUPPLEMENTAL DEVELOPMENT STANDARDS

Sec. 44-102. - Accessory uses and structures.

(a)

Required setbacks.

TABLE II-3. REQUIRED SETBACKS FOR ACCESSORY STRUCTURES

1 On lots with only one side yard, the minimum required side setback for patio covers shall be three feet.

2 Condominiums and townhouses shall have a minimum side yard setback of three feet for patio covers.

3 For side entry garages, setback to be determined by City Council at the time of precise plan or amendment to precise plan approval.

4 Storage sheds requiring building permit per California Building Code (CBC) Section 105.1 must adhere to zoning setbacks. Storage sheds exempt from building permits per the California Building Code Section 105.2 are exempt from zoning setback requirements.

5 The total number of exempt storage sheds allowed on a single family (R-1) lot shall not exceed 480 square feet of total aggregate area.

(b)

Maximum height for an accessory structure.

TABLE II-4. MAXIMUM HEIGHT FOR ACCESSORY STRUCTURES

(c)

Specific accessory structure development standards.

(1)

Balconies or decks for single-family structures.

a.

Outside stairway. There shall be no outside stairway in the R-1 zoning district.

b.

Screen or guardrail. A minimum 36-inch high screen or guardrail shall be constructed of materials compatible with the design of the structure.

c.

Screen wall. A screen wall, a minimum of six feet in height, shall be constructed on both sides (ends) of the balcony or deck for the full depth of the balcony or deck or as required by the conditions of approval. This requirement may be waived by the Community Development Director where it is clear that the balcony will not negatively impact adjacent residential properties.

d.

Maximum size. The maximum size of a balcony or deck shall be 120 feet square feet.

e.

Doors. There shall be no outside doors above the first story except when allowed with an approved balcony or deck.

f.

Enclosure. Balconies or decks shall not be enclosed except by the adjoining residential unit and any required screen walls.

(2)

Patio covers. Patio covers shall not cover more than 50 percent of the required rear yard area.

(3)

Storage sheds. Storage sheds shall not exceed 120 square feet in area. Permanent electrical service shall not be allowed within storage sheds.

(4)

Workshops.

a.

Minimum/maximum. Workshops shall have a minimum area of 120 square feet and not exceed a maximum area of 400 square feet.

b.

Habitable area. Workshops shall not contain any habitable areas and shall not be used for habitation of humans.

c.

Enclosure. Workshops shall be fully enclosed and shall contain at least one door not less than 32 inches in width and may contain no interior walls. If greater than 200 square feet, workshops shall contain a window with a minimum dimension of 24 inches by 36 inches.

d.

Air conditioning and heating units. Workshops shall not have air conditioning and heating units.

e.

Permit. Building permits are required for workshops.

f.

Separation. Workshops shall be located at least ten feet from any portion of a residential structure.

(5)

Canopies.

a.

Location. Canopies are not to be permitted in the front yard area or visible from the public-right-of-way.

b.

Maintenance. Canopies shall be maintained and remain in good condition at all times.

c.

Temporary permitted use. Canopies may be located in a front yard area or be visible from the public rightof-way for up to 72 hours, with a temporary use permit or block party permit.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 13, 5-3-2016)

Sec. 44-103. - Garage/yard sales.

(a)

Number of sales. A resident shall be allowed to hold a maximum of two garage/yard sales at his or her dwelling unit in each calendar year.

(b)

Length of sale. Garage/yard sales shall not extend for more than two consecutive days or three consecutive days on extended national holidays.

(c)

Sales area. Sale areas shall be confined to the garage and driveway area within the front yard. Where no driveway exists, one-half of the property width in the front yard area may be used for the sale of merchandise.

(d)

Hours. Garage/yard sales may only be conducted within the hours of 7:00 a.m. and sunset.

(e)

Permits. A person shall obtain a permit from the community development department prior to having a garage/yard sale.

(Ord. No. 2015-01, § 3, 5-5-2015)

Up to four household pets are permitted in the residential zones. For the purposes of this section, household pets shall include dogs, cats, parrots, canaries and other house birds of a similar nature, hamsters, rabbits, guinea pigs, white rats, white mice, turtles, salamanders, newts, chameleons, kangaroo rats, nonpoisonous reptiles not over six feet long, any nonpoisonous toad, lizard or spider, and other animals of a similar nature. Any unweaned litter from such household pets not over six months old shall be permitted. Fowl (other than house birds), horses, sheep, cattle, pigs, goats, and similar farm animals are prohibited. Fish shall be excluded from the limitations established by this section. Regardless of any permissions granted by this section, all dangerous animals, as defined by this chapter, shall be prohibited.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-105. - Block parties.

(a)

Permit required. No block party shall be permitted to operate within the City unless the event holder obtains a block party permit, as well as any other permits or licenses required by law. Procedures for obtaining a block party permit are established in Section 44-947.

(b)

Regulations. Applicants for permits under this article shall comply with each of the following minimum requirements:

(1)

Block party hours are limited to 10:00 a.m. to 10:00 p.m.

(2)

Only neighborhoods with cul-de-sacs may conduct block parties.

(3)

Ninety percent of the residents affected by the closure of the street must consent to the block party by signing the application. For the purposes of this subsection, all residents of an affected property shall be deemed to have given consent if at least one owner or one legal tenant over the age of 18 of said property has signed the application.

(4)

If the block party includes equipment or services from a private vendor to be used on a public right-of-way, the responsible party must submit a copy of the vendor's General Liability Insurance Certificate naming the City as an additional insured in an amount to be determined at the time of application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-106. - Mechanical equipment.

(a)

Location. Mechanical equipment (e.g., HVAC units) may be located in the rear yard, side yard, or on the roof. Such equipment may only be located in an interior side yard if it is not feasible to locate it in the rear yard. All equipment in the side yard shall be located at the furthest possible location away from windows on the adjacent property but in no case shall the equipment be less than ten feet from any window on the adjacent property. Pool equipment is only permitted in the rear yard area.

(b)

Noise. HVAC units shall be exempt from the community noise standards established in Section 44-267, provided that the unit is properly located and is working at or below the manufacturer's decibel rating for the unit. All other mechanical equipment shall be subject to the requirements of Section 44-267.

(c)

Visibility. All reasonable efforts shall be taken to ensure that mechanical equipment is not visible from public streets and is screened from view of adjacent residential properties in a manner approved by the Community Development Director.

(d)

Chimney structures.

(1)

Chimney structures that are incorporated within or affixed to the exterior of a residential structure shall be enclosed within a chassis and finished with brick, rock, stucco, or wood/metal siding. All materials, except

for brick and rock, utilized for the chimney are required to be painted with colors that are compatible with the residence and any other chimney structure on the residence.

(2)

Round metal pipes, clay pipes, guy wires, and straps for chimneys shall be fully enclosed within the chassis and shall not be visible from the property line.

(3)

Gas vent pipes and other mechanical ducts that are less than six inches in diameter when leaving the interior of the structure are exempted from these requirements.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-107. - Vehicles, motorized recreational vehicles, and recreational objects-maintenance and repair guidelines.

(a)

No person shall perform other than minor or routine maintenance or repair on any vehicle, motorized recreational vehicle, or recreational object while parked on a driveway or paved ancillary parking area. Additionally, no person shall leave a vehicle, motorized recreational vehicle, or recreational object parked upon a driveway or paved ancillary parking area in a visible state of disrepair or semi-repair in excess of six hours.

(b)

The term "visible state of disrepair or semi-disrepair" shall include, without limitation, such a state that it is apparent to a casual observer that the repair or maintenance of the vehicle, motorized recreational vehicle, or recreational object has not yet been completed.

(c)

Upon written request of a residential property owner or residential tenant, the City Manager or his or her designee may grant a waiver of the regulations established by this section, provided that the waiver may be not granted for more than four days in a 30-day period or granted in an effort to facilitate an unauthorized home-based business.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-108. - Same—Parking and storage regulations.

(a)

Unless the context indicates otherwise, the definitions set forth in Article I and the California Vehicle Code shall be applicable to this section.

(b)

No vehicle, motorized recreational vehicle, or recreational object shall be parked or stored on any portion of a front yard area of a residential structure. Vehicles, recreational vehicles, and recreational objects parked in driveways shall be parked perpendicular to the garage door of the structure or the public street. For purposes of this section, the term "front yard area of a residential structure" shall include all areas in front of the residential structure with the exception of the driveway of the structure, as the driveway was originally constructed and not more than one paved ancillary parking area.

(c)

No vehicle, motorized recreational vehicle, recreational object, or any accessory, which is parked or stored on private property, shall project into any public sidewalk or public right-of-way or be located in a position that would adversely affect vehicular or pedestrian traffic safety.

(d)

Recreational objects shall not be parked or stored on a driveway or paved ancillary parking area between the hours of 2:00 a.m. and 5:00 a.m. For the purposes of this section, the term "recreational objects" includes camper shells off a truck, boats, personal water craft, off-road vehicles, snowmobiles, airplanes, and any other object made to carry one or more persons, but not including bicycles, tricycles, on-road motorcycles, and scooters.

(e)

Motorized recreational vehicle and recreational object storage is permissible in the side or rear yard area if and only if it is screened in such a way as to be not readily visible from any public right-of-way or separated from any public right-of-way by an opaque fence or wall of approximately six feet in height. Stored vehicles, motorized recreational vehicles, and recreational objects may undergo maintenance of unlimited duration, provided that the portion visible from the public right-of-way or adjacent property from ground elevation is maintained in a clean and orderly appearance.

(f)

Notwithstanding any other provisions of this chapter, vehicles, motorized recreational vehicles, nonmotorized vehicles, and commercial vehicles may be parked or stored on driveways or paved ancillary parking areas only if road operational and kept clean and free of debris. For the purposes of this section, the term "road operational" means a vehicle that possesses the minimum required equipment and certifications to be legally driven on the highways of the State, including a valid current license and registration or temporary registration and all proper safety equipment.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-109. - Parking and storage of oversized vehicles in residential areas.

(a)

It shall be unlawful for any person, firm, company, or corporation to park, store, or permit to be parked or stored any oversized vehicle, as defined in section 44-10, on any privately owned property lying within any residential zoning district unless one of the following conditions can be met:

(1)

The vehicle can be parked or stored completely within an enclosed garage.

(2)

The vehicle is parked or stored such that it can be fully screened from view from the public right-of-way and neighboring residential properties. The method of screening shall adhere to the requirements of this chapter in terms of materials used, maximum wall and structure heights, setback requirements, and other applicable standards and permitting requirements for the zoning district in which the subject property is located.

(3)

The vehicle is in the act of making a pickup or delivery or is being used in conjunction with the performance of a bona fide service or construction activity on a residential property in the vicinity.

(b)

This section shall not be applicable to recreational vehicles or objects.

(c)

Nothing contained herein shall prohibit the parking of vehicles of public or private utility companies, including cable television companies, on any public street for a period of time required in the locating, relocating, installation, servicing, testing, or repair of equipment of such companies, nor shall the provisions of this section be construed to prohibit the parking of any vehicles used in the construction, repair, or maintenance of any road, street, or alley in such zoning districts.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-111. - Accessory dwelling units (ADUs).

(a)

The purpose of this section is to establish zoning regulations governing accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in compliance with Government Code §§ 65852.2 and 65852.22, and to provide standards for the development of ADUs and JADUs. The City may identify an ADU or JADU as an adequate site to satisfy RHNA housing needs as specified in Government Code §§ 65583.1(a) and 65852.2(m).

(b)

A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Government Code §§ 65901 or 65906 or City ordinances regulating the issuance of variances or special use permits. The City shall approve or deny the application to create an ADU or JADU within 60 days from the date the City receives a completed application, if there is an existing single-family or multifamily dwelling unit on the lot. However, if the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the

lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU 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.

(c)

If the City denies an ADU or JADU application, the City shall provide, in the 60-day time frame set forth above, a full set of written comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The City shall not base any denial of ADU and JADU applications due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of an ADU or JADU. The City shall not deny permits for unpermitted ADUs that were constructed before January 1, 2018, and which do not constitute substandard buildings as defined, due to violations of building standards or non-compliance with Government Code § 65852.2 or this Section, unless the City finds that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure, or is otherwise permitted to require correction by applicable law.

(d)

Upon application and approval, an owner of a substandard ADU or a JADU shall have five years to correct the violation, if the violation is not a health and safety issue, as determined by the City.

(e)

The maximum number of ADUs allowed in a single-family property zone is two, comprised of one detached ADU and one attached ADU if not attached JADU is permitted. The maximum number of ADUs allowed in any existing, legally-built housing type other than one single-family residence, in any zone that allows residential uses, is one ADU or 25 percent of the existing dwelling units, whichever is greater, converted from non-livable spaces within existing multi-family residential buildings, and two ADUs detached from existing multi-family residential buildings. For example, an eight-unit multi-family residential development would be allowed two ADUs within the existing buildings, and two detached ADUs.

Maximum ADUs and JADUs allowed on a residential property are identified in table II-4.5.

(f)

The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted. These conversions of accessory structures are not subject to any additional development standard, such as floor area limitations, height limitations, and lot coverage requirements, and shall be from legally permitted existing space. The City shall not set limits on when the structure was created and must meet standards for health and safety. Accessory structures are eligible for a 150 square foot expansion for the purposes of ingress and egress and shall conform to setbacks sufficient for fire and safety. A demolition permit for a detached garage which is proposed to be replaced with an ADU shall be reviewed concurrently with the application for the ADU and issued at the same time. The City shall not require that applicants provide notice or post a placard for the demolition of a detached garage which is to be replaced with an ADU, unless the property is located within an architecturally and historically significant district. Permissible ADUs can be located within or attached to detached garages.

(g)

The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a JADU, the correction of nonconforming zoning conditions that do not present a threat to public health and safety and are not affected by the construction of an ADU or JADU. No physical improvements shall be required for the construction or conversion of an ADU. Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per California Government Code.

(h)

California Government Code removed the owner-occupancy requirement for ADUs effective January 1, 2020. Prior to 2020, the creation of an ADU required the property owner to reside in either the ADU or primary residence. This provision is set to expire on December 31, 2024. However, should a property have both an ADU and JADU, JADU law requires owner-occupancy of either the newly created JADU, or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owneroccupancy requirements Government Code § 65852.22(a)(2).

(i)

To the extent that any provision of this section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this section shall remain in full force and effect.

(j)

All standards imposed by the City on ADUs hereunder, including height, setback, landscape, and architectural review standards, and maximum unit size shall be objective.

(k)

ADU site and design standards within existing space.

(1)

An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standard within this chapter if complying with:

a.

Building and safety codes;

b.

Independent exterior access from the existing residence; and

c.

Sufficient side and rear setbacks for fire safety.

(l)

ADU site and design standards for attached and detached ADUs.

(1)

General.

a.

An ADU shall not be sold or otherwise conveyed separate from the primary residence, but may be rented. The applicant for an ADU shall be the owner of the primary residence and must occupy either the primary residence or the ADU. The applicant shall record a covenant preventing rental of both units simultaneously, provided that, an accessory dwelling unit that is approved after January 1, 2020, but before January 1, 2025, is not subject to the owner-occupancy requirement.

b.

An ADU is proposed on a lot that is zoned to allow single-family or multifamily dwelling residential use and contains an existing or proposed dwelling.

c.

An ADU is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

d.

City Building Code requirements apply to detached ADUs, as appropriate.

e.

An ADU shall comply with the following total area of floor space requirements.

1.

The increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.

2.

The total floor area for a detached ADU shall not exceed 1,200 square feet.

3.

A minimum 850 square feet ADU providing one bedroom, or a minimum 1,000 square feet ADU providing more than one bedroom, that is at least 16 feet in height with four-foot side and rear yard setbacks,

constructed in compliance with all other development standards, is permitted regardless of limits on lot coverage, floor area ratio, open space, and minimum lot size criteria specified in this chapter. Front setbacks, zoning clearance, and separate zoning review may not be used to prohibit an 800 square foot ADU with four-foot side and rear yard setbacks at the minimum height provided in this section from being constructed.

4.

An expansion of up to 150 square feet is permitted when an ADU is created within the space of an existing accessory structure, for the purposes of accommodating ingress and egress. This 150 square feet expansion would be in addition to any prescribed size limitation for an ADU or JADU specified in this chapter.

5.

The conversion of an existing accessory structure to an ADU is not subject to ADU size requirements specified in this chapter.

f.

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

g.

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

h.

An ADU shall conform to the height limits established in this chapter for the zone in which the subject residential property lies, if the second unit is attached to the primary unit.

i.

An ADU is limited to the following minimum heights:

1.

Sixteen feet and no more than one story for a detached ADU on a lot with an existing or proposed singlefamily or multi-family dwelling unit.

2.

Eighteen feet and no more than two stories for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit which is within one-half mile of a major transit stop or high-quality transit corridor as defined in California law. An additional two feet in height to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

Eighteen feet and no more than two stories for a detached ADU on a lot with an existing or proposed multifamily, multi-story dwelling.

4.

Thirty feet and no more than two stories for an attached ADU.

j.

An ADU shall conform to all setback and building separation requirements established in this chapter for the zone in which the subject residential property lies unless otherwise specified in this section.

k.

An ADU shall use the same architectural style as the primary unit, which includes, but is not limited to, building proportion, architectural style, roof type, paint color, finish, details, and other design qualities.

l.

Fire sprinklers shall not be required in an ADU if they are not required in the primary residence and the City shall not use the construction of an ADU to trigger a requirement that fire sprinklers be installed in the

existing primary dwelling.

m.

An ADU shall conform to all parking requirements in this chapter.

n.

New or separate utility connection or any related connection fee or capacity charge are not required for an ADU contained within an existing residence or accessory structure. Any fee or charge for attached and detached ADUs must be proportional to the burden of the unit on the water or sewer system and not exceed the reasonable cost of providing the service.

o.

No development standards or additional parking can be applied to ADUs within existing space except for Building Code requirements.

p.

No setback can be required from an existing garage that is converted to an ADU.

q.

An ADU cannot be used for short term rentals (terms of 30 days or less).

r.

ADUs do not exceed the allowable density for the lot upon which the accessory dwelling units is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.

s.

There shall be no requirements on minimum lot size for an ADU.

(m)

Sale of unit. An accessory dwelling unit may be rented separately from the primary residence, but shall not be sold, transferred, or assigned separately from the primary residence. An ADU shall not be approved by the City prior to the applicant's submittal of evidence that a deed restriction affirming this requirement has been filed with the County Recorder. This deed restriction shall run with the land and be continuous in tenure with the life of the second unit. The deed restriction shall specify the size and location of the ADU(s). The owner of the residence can occupy the primary single-family residence or the ADU, provided that, an ADU that is approved after January 1, 2020, but before January 1, 2025, is not subject to the owneroccupancy requirement.

(n)

Permit requirements. The Community Development Department shall issue a building permit or zoning certificate to establish an ADU in compliance with this chapter if all applicable requirements are met. ADUs shall comply with all local building code requirements applicable to attached dwellings. The construction of an ADU does not constitute a "Group R" occupancy change as that term is defined in section 310.1 of the California Building Code unless the City Building Official or enforcement agency makes a written finding based on substantial evidence that the ADU could have a specific, adverse impact on public health and safety. The City may still change the occupancy codes for spaces that were uninhabitable or previously only permitted for nonresidential use, but converted to residential ADU use.

(o)

Junior accessory dwelling units (JADU).

(1)

Number of units allowed. Only one JADU may be located on any residentially zoned lot that permits a single-family dwelling. A JADU may only be located on a lot with one legal single-family dwelling, built or proposed to be built, on the lot.

(2)

Owner occupancy. The owner of a parcel proposed for a JADU shall occupy as principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land trust or housing organization in an effort to create affordable housing.

(3)

Sale prohibited. A JADU shall not be sold independently of the primary dwelling on the parcel.

(4)

Deed restriction. A deed restriction shall be completed and recorded and shall run with the land, and shall include both of the following:

a.

A prohibition on the sale of the JADU separately from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b.

A restriction on the size and attributes of the JADU that conforms to this section.

(5)

Location of JADU. A JADU must be created within the walls of the proposed or existing primary dwelling. The JADU may share a bath with the primary residence or have its own bath.

(6)

Separate entry required. A permitted JADU shall include a separate entrance from the main entrance to the proposed or existing single family residence. A JADU without a separate bathroom shall have a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(7)

Kitchen requirements. The JADU shall include an efficiency kitchen, requiring and limited to the following components:

a.

A sink with a maximum waste line diameter of one and one-half inches.

b.

A cooking facility with appliance(s) which do not require electrical service greater than 120 volts or natural or propane gas.

c.

A food preparation counter and storage cabinets that are reasonable to size of the unit.

(8)

Parking. No additional parking is required beyond that which is required when the existing primary dwelling was constructed.

(9)

Size. A JADU shall be limited to one bedroom with a maximum JADU unit size of 500 square feet and a minimum JADU size of 150 square feet, or as specified in California Health and Safety Code § 17958.1. A JADU in an attached garage satisfies the requirement that the JADU is located within the walls of a proposed or existing single-family residence.

(10)

Setbacks. Setbacks for a JADU shall be the same as required for the primary dwelling unit. The City shall not require any modification of an existing multi-family dwelling has a rear or side setback of less than four feet as a condition of approving an ADU which otherwise satisfies the ADU Law requirements.

(11)

Deed restriction. Prior to obtaining a building permit for a JADU, a deed restriction, approved by the City Attorney, shall be recorded with the County Clerk Recorder's office, which shall include the pertinent restrictions and limitation of a JADU identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that:

a.

The JADU shall not be sold separately from the primary dwelling unit.

b.

The JADU is restricted to the maximum size allowed per the development standards in this Chapter.

c.

The JADU shall be considered legal only so long as either the primary residence, or the ADU, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing.

d.

The restrictions shall be binding upon any successor in ownership if the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.

(12)

No water connection fees. No agency may require a sewer connection fee for the development of a JADU. An inspection fee to confirm that the dwelling unit complies with development standards may be assessed by the City.

(13)

No fire sprinklers and fire attenuation. No agency may require fire sprinklers or fire attenuation specification for the development of a JADU. An inspection fee to confirm that the dwelling unit complies with development standards may be assessed by the City.

(p)

The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a JADU, the correction of nonconforming zoning conditions.

(Ord. No. 2020-03, § 7, 6-2-2020; Ord. No. 2023-03, § 5, 3-7-2023)

Editor's note— Ord. No. 2020-03, § 7, adopted June 2, 2020, repealed § 44-111 and enacted a new § 44111 as set out above and later amended. Former § 44-111 pertained to similar subject matter and derived from Ord. No. 2018-03, adopted May 15, 2018.

The purpose of this section is to establish zoning regulation governing short-term rentals. The standards below are applicable to issuance of short-term rental special business permit. The establishment and conduct of short-term rentals authorized by this Code shall comply with the following requirements:

(1)

Occupancy standards and parking requirements.

a.

Compliance with other codes and laws. At the time of issuance of a short-term rental special business permit and thereafter, the short-term rental shall be in compliance with the California Fire Code, California Building Code, International Property Maintenance Code, the National Fire Protection Association Standards or regulations, City's Transient Occupancy Tax requirements, and any other applicable laws and codes.

b.

Occupancy limits. The maximum occupancy allowed in a short-term rental shall not exceed two short-term renters per bedroom and shall not exceed ten total short-term renters, including children over the age of three. The owner shall not allow the short-term rental to be used for any gathering that exceeds the maximum number of short-term renters and allowable daytime guests, or if the minimum parking requirements specified in subsection (1)d cannot be met.

c.

Daytime guests. In addition to the maximum number of short-term renters allowed pursuant to subsection (1)b, daytime guests shall be allowed to visit the property at any time between the daytime guest hours of 8:00 a.m. to 9:00 p.m. The maximum number of daytime guests shall be equal to one-half of the maximum number of short-term renters allowed at the short-term rental (e.g. if the maximum number of short-term renters is ten, then five daytime guests are allowed for a total occupancy to not exceed 15 people during daytime guest hours).

d.

Parking requirements. Notwithstanding the maximum occupancies allowed pursuant to subsection (1)b, the maximum occupancy of a short-term rental shall not exceed the occupancy supported by the minimum parking spaces as required below:

1.

Each short-term rental shall provide one off-street parking space per bedroom.

2.

Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.

3.

If a garage or driveway is used to meet the off-street parking requirement, the garage or driveway must be available to the short-term renter for that purpose.

4.

Parking shall not be located in a required front or street side setback except when located on a driveway.

Parking shall not encroach into the public right-of-way.

(2)

Transient occupancy tax. Except as provided in subsection b below, the owner or hosting platform is responsible for collecting and remitting transient occupancy tax [to] the City and shall comply with all provisions of sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code concerning transient occupancy taxes.

a.

Beginning October 31, 2022, short-term rental special business permittees that elect to utilize hosting platforms as being responsible for collecting all applicable transient occupancy taxes and remitting the same to the City shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code.

b.

Short-term rental special business permittees shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

c.

Short-term rental special business permittees making two or more late submittals in a 12-month period shall not have their permit renewed upon expiration.

(3)

Operational standards. Each owner, agent, hosting platform, and short-term renter or guest of a short-term rental shall comply with all operational requirements and standard conditions established by this section.

a.

Noise limits. Short-term renters and daytime guests shall comply with all requirements of the City's noise ordinance section 44-267, noise, of this Code, with the following exception and addition:

1.

Quiet hours shall be enforced from 9:00 p.m. to 8:00 a.m. at a short-term rental.

2.

Outdoor amplified sound shall not be allowed at any time associated with a short-term rental.

b.

Hosting platform responsibilities. Subject to applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each short-term rental property listing located in the City, the host

ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.

1.

A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.

2.

A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts beginning October 31, 2022, in accordance with subsection (2) above.

3.

A hosting platform shall require all hosts to include a valid short-term rental special business permit number in a designated field dedicated to the short-term rental special business permit number no later than October 31, 2022.

(4)

Life, safety requirements.

a.

Each short-term rental shall be equipped with landline telephone service or VoIP line with battery backup for the handset if a landline isn't available. The landline or VoIP shall be registered to receive Alert OC.

b.

All video surveillance, or any mechanism that can be used to capture or transmit audio, video, or still images on site, shall be disclosed to short-term renters.

c.

Recreational fires, firepits, outdoor fireplaces, barbeques/grills, and other similar items are permitted with the following restrictions:

1.

Portable firepits and outdoor fireplaces shall not be located on combustible vegetation including but not limited to grass, bark, and combustible mulches. Recreational fires, firepits and outdoor fireplaces, whether fixed or portable, shall be fueled by natural gas propane only.

2.

Wood fueled or other combustible solid fuel burning are not permitted.

(5)

Events. Events including but not limited to weddings, receptions, and corporate events are prohibited.

(6)

Advertising and listing requirements. Advertising may only be conducted for short-term rentals operating under a valid short-term rental special business permit. All advertisements, flyers, internet listings, or other methods of offering the short-term rental shall include the following:

a.

Maximum short-term renters.

b.

Maximum daytime guests.

c.

Number of dedicated off-street and on-street parking spaces available for use by short-term renters.

d.

Notification that quiet hours must be observed between 9:00 p.m. and 8:00 a.m.

e.

Notification that no outdoor amplified sound is allowed.

f.

The short-term rental special business permit number for the property.

g.

Any person who advertises a short-term rental property with false occupancy information, or without including a valid permit number for the property in the advertisement shall pay a fine pursuant to section 2- 351, and the owner's permit may be revoked.

(7)

Posting and neighbor notification of permit and standards.

a.

A copy of this section and the short-term rental special business permit listing all applicable standards and limits shall be posted within the short-term rental. The owner shall post these standards and limits in a prominent place within six feet of the front door of the short-term rental and shall include them as part of all rental agreements.

b.

Upon short-term rental special business permit approval, the City will provide mailed notice of permit issuance, local contact information for the short-term rental (as identified in the short-term rental special

business permit application), and certain short-term rental regulations to property owners located within 300 feet of the short-term rental.

(8)

Accessibility. The short-term rental shall be made available by the owner, agent, or local contact for inspection by code enforcement, building, police, or fire personnel by request at any time.

(9)

Enforcement. This section contains the enforcement process as set forth below. A violation of any of the requirements of this section, or any other chapter of this Code, or any local, State, or federal laws shall subject the short-term rental owner to enforcement action against the short-term rental special business permit, up to and including revocation. Police reports, fire department incident reports, online searches, citations, or neighbor documentation consisting of photos, sound recordings and video may constitute proof of a violation.

a.

Initial complaint procedure. Initial short-term rental complaints shall be directed to the local contact as identified in the short-term rental special business permit application. The local contact shall be available by phone 24 hours per day, seven days per week, during all times when the property is rented. Should a problem arise and be reported to the local contact, the local contact shall be responsible for contacting the short-term renter to correct the problem within 30 minutes, including visiting the site, if necessary, to ensure that the issue has been corrected within 45 minutes. It is not intended that the local contact place themselves in an at-risk situation to comply with this requirement.

b.

Owners and agents must accept all city short-term rental related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via USPS and email delivery. It is the responsibility of the owner and agent to ensure that the USPS address and the email address provided on the short-term rental special business permit application is active and monitored regularly.

c.

The failure of an owner or the owner's agent to comply with an order of any City Police Officer shall result in the revocation of the license.

d.

Penalties. Violations of any provisions of this chapter, or any other chapter of this Code, are hereby an infraction and shall result in the assessment of enforcement penalties to the short-term rental owner in the amounts listed in table II-4.8. A short-term rental special business permit that has been revoked for any reason may not be reapplied for within 12 months of the date of revocation.

TABLE II-4.8 SHORT-TERM RENTAL ENFORCEMENT PENALTIES

• The city at its discretion may initiate revocation of a permit after the first violation.

Each infraction for a violation of any provision of this section may be levied or assessed against one or more of: the owner, the owner's agent, a hosting platform, and the responsible party. Each day that a violation occurs is a separate violation, for which the City may issue a separate administrative citation and fine.

e.

Operating without a permit. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this section are cumulative, and the election of one or more remedies does not bar the City from pursuing any other remedy, whether criminal, civil, or administrative, through which the City may enforce this Code or address any violation of this Code or to remedy any other public nuisance.

(10)

Operating without a short-term rental special business permit. The City may issue an administrative citation to any person who operates a short-term rental property without a permit. The administrative fine for the first citation shall be in the amount of $5,000.00. Any person operating an unpermitted short-term rental property, after being notified by the City, shall be permanently ineligible to operate a short-term rental property in the City, and any property that is operated as a vacation property without the required permit shall be ineligible for short-term rental property permit for a period of one year from the most recent citation issued for operating without a permit. If the person continues to operate a short-term rental property without a permit, the City may issue an additional administrative citation, with an administrative fine in the amount of $10,000.00 and then again at $15,000.00. A person operating an unpermitted short-term rental

property is liable to the City for the payment of transient occupancy tax in accordance with the provisions of sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code, including without limitation penalties and interest.

(Ord. No. 2022-06, § 8, 8-2-2022)

Secs. 44-113—44-135. - Reserved. DIVISION 4. - NONRESIDENTIAL ZONING DISTRICTS

This division provides regulations applicable to development and land uses in the nonresidential zoning districts established by Section 44-39. The purposes of the individual nonresidential zoning districts and the manner in which they are applied are provided Section 44-137.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-137. - Purpose of nonresidential zoning districts.

(a)

OP, Office Professional. The OP zoning district provides for single- or multi-tenant offices and may include limited supporting uses for onsite employees. Office developments may range from low-rise structures situated in a landscaped garden arrangement to mid-rise structures at appropriate locations. Typical uses include professional offices for legal, design, and engineering services, medical offices/health care centers, corporate headquarters, and general offices for insurance, real estate, and financial services. Supporting convenience services may be permitted to serve the needs of onsite employees or visitors/patients.

(b)

NC, Neighborhood Commercial. The NC zoning district provides localized commercial retail and service activities for surrounding neighborhoods. Typical uses include food markets, drug stores, clothing stores, sporting goods, cleaners, banks, offices, private schools and child care centers, hardware stores, other retail and personal service uses, mixed uses (residential/commercial), and community facilities. Neighborhood commercial projects should be compatible in design and scale with adjacent residential areas.

(c)

B-1, Mixed-Use Business. The B-1 zoning district provides for a compatible and complementary mixture of employment, commercial, and residential uses. Typical uses include business and professional offices, high-rise hotels, restaurants, retail and general service commercial uses, limited research and development operations, commercial recreation, and mixed-use residential development. Development in the Mixed-Use Business District should offer attractive and distinctive architectural design, integrated site layouts, substantial landscaping enhancements, and convenient pedestrian access between uses. For mixed-use residential development, the B-1 zoning district shall have a minimum residential density of 15 dwelling units per net acre and a maximum density of 48 dwelling units per net acre, and a minimum nonresidential floor area ratio of zero to one and a maximum nonresidential floor area ratio of one to five.

(d)

GI, General Industrial. The GI zoning district provides for a range of industrial uses including manufacturing, assembly, distribution, research and development facilities, science laboratories, warehousing, distribution, and utility buildings/facilities. Uses may include ancillary office and commercial activities. Commercial

developments such as home improvement stores and wholesale and retail commercial activities may be conditionally approved in compliance with Article V, Division 5.

(e)

PI, Public/Institutional. The PI zoning district is intended for a range of public and private uses including schools, government offices, police and fire stations, public utilities, flood control channels, utility easements, libraries, museums, hospitals, congregate care facilities, religious institutions, temporary emergency shelters, transitional shelters, and cultural facilities. Public or institutional uses may be permitted in other land use designations under the procedures of Article V, Division 5.

(f)

OS, Open Space/Recreation. The OS zoning district encompasses parkland and utility easements developed for recreational use. Only accessory buildings or those structures related to parks and recreation facilities are intended for open-space lands. This designation may also accommodate certain commercial outdoor recreation uses as a conditional use in compliance with Article V, Division 5.

(g)

PND, Planned Neighborhood Development. The Planned Neighborhood Development (PND) is intended to encourage commercial infill, redevelopment, and rehabilitation opportunities by allowing innovative land design and diversification in the relationship of various uses, buildings, structures, lot consolidation, parking, and landscaping while ensuring substantial compliance with the general plan and the intent of this chapter. In addition, the PND zoning district provides adequate standards necessary to protect and promote the public health, safety, and general welfare of the City.

(1)

Purpose and intent. The purpose of the PND zoning district is to promote economic viability and sensitivity to design contexts and individual neighborhood character crucial to the success of any commercial infill or redevelopment project. It is recognized that an integrated development provides an opportunity for creative design when flexible yet defined regulations are applied. The PND zoning district regulations are established in order to:

a.

Encourage and accommodate quality restaurant and retail development, in a unified project, through creative and imaginative planning solutions;

b.

Ensure a more efficient use of space, increased project amenities, and compatibility with the surrounding neighborhoods and existing development;

c.

Encourage the use of modern land planning and design techniques to create attractive, vibrant commercial developments integrating a mixture of different types of site uses;

d.

Support revenue generating commercial uses that add needed services with economic, social, and aesthetic benefits to the City and its residents without causing the City to incur costs for municipal services that exceed the tax revenues attributable from such uses;

e.

Achieve the coordinated planning and orderly development and redevelopment of different contiguous parcels to achieve a comprehensive planning and project effort and outcome, such as the consolidation of adjacent parcels or building sites for maximum flexibility in design and use; and

f.

Encourage public art as a community resource and establish incentives, programs and objectives for incorporating public art into private commercial development projects.

(2)

Development objectives. The following objectives serve as a blueprint for all development projects within the PND zoning district and during the approval process. The City Council may require additional studies it determines necessary or appropriate to consider project design and impacts. It may also require additional standards, regulations, limitations and/or restrictions to facilitate and encourage project designs that satisfy the goals in subsection (g)(1). Development objectives are intended to produce the desired uses and the quality of site development that will bring new economic development opportunities into the City that will benefit City residents and not adversely impact the provision of City services. Objectives include, but are not limited to, the following:

a.

To attract retail and restaurant uses that will promote economic and efficient use of land and unified development;

b.

To permit the creation of functional and interesting commercial developments that do not adversely impact the City's ability to maintain its existing level of municipal services;

c.

To promote building site planning that takes into consideration the context of the development, the location of nearby uses and, whenever possible, to cluster buildings with one another and/or with those on an adjacent property; and

d.

To incorporate into the project unique and/or creative solutions specific to each site, project, and use in relation to the following requirements:

Height limitations or any bulk requirements on buildings and structures, lot and yard requirements, distances between buildings;

2.

Percent coverage of land by buildings and structures;

3.

Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;

4.

The location, width, and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

5.

Landscaped buffer areas to include fences, walls, and lighting of an approved design;

6.

Limitations upon the size, design, number, lighting, and location of signs and advertising structures;

7.

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

8.

Location and size of off-street loading areas and docks;

9.

Uses of buildings and structures by general classifications, and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare, or radiation incompatible with present or potential development of surrounding property;

10.

Quality architectural design of buildings and structures; and

11.

Public art.

(h)

FO, Freeway Overlay District. The FO designation is intended as an overlay zone for certain areas of nonresidential land uses adjacent to the SR 91 freeway that provide special information display opportunities

and require a tailored approach to planning and design. The designation is intended to allow for information dissemination from freestanding display structures along the SR 91. The types of mediums that are suitable in the Freeway Overlay District include freestanding display structures with static information displays or electronic/digital information displays which are tailored to certain specific development and site design standards.

(i)

(IO), Industrial Overlay. The Industrial Overlay (IO) is intended to provide for areas where industrial uses are appropriate to provide for diverse commerce and employment in the City, while protecting adjacent and nearby commercial and residential uses from the potential impacts associated with industrial operations.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 14, 5-3-2016; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-138. - Precise plan required.

(a)

Approval required. A precise plan shall be required for all residential development except for single-family dwellings on previously subdivided lots, and for all nonresidential developments exceeding 2,000 square feet of total floor area.

(b)

Amendment to precise plan. All development on properties previously developed under an adopted precise plan shall require approval of an amendment to the precise plan by the Community Development Director. If the Community Development Director determines that the requested amendment is significant enough to require discretionary review, then the amendment shall be referred to the original decision-making authority.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 15, 5-3-2016; Ord. No. 2024-04, § 4, 12-10-2024) Sec. 44-139. - Allowable uses.

(a)

Table. The following table indicates those uses that are permitted as of right (P), allowed subject to the approval of a conditional use permit (C), allowed as an accessory use (A), allowed with the approval of a temporary use permit (T), special permit (S), or adult oriented business permit (D), or prohibited (X). No uses shall be allowed which are not in compliance with all City, State, and federal laws and regulations.

TABLE II-5. ALLOWABLE USES AND PLANNING PERMIT REQUIREMENTS FOR NONRESIDENTIAL ZONING DISTRICTS

1 Subject to use satisfying the conditions set forth in sections 44-137(g)(1)d., (g)(2)b. and 44-788(4).

(b)

Uses not listed in table. Land uses that are not listed in table II-5 as allowed or prohibited may be permitted if:

(1)

The Community Development Director determines that the use is consistent with the purpose and intent of the applicable district as set forth in section 44-137; and

(2)

A conditional use permit is approved in compliance with article V, division 5, and the use is in compliance with all City, State, and federal laws and regulations.

(c)

Two or more uses on one site. Two or more uses may be established on one building site if neither are prohibited under this section and all development standards are met as specified in section 44-140. However, the Community Development Director may require the processing of a conditional use permit if two or more principal uses are proposed that may cause, together or separately, adverse impacts on each other or on surrounding land uses. Impacts may include noise, vibration, odor, light, glare, or visual impacts.

(d)

Industrial uses in industrial overlay. The industrial overlay applies only to properties designated on the zoning map and shall only apply as an overlay to the B-1 zoning district. Notwithstanding the use regulations in this section 44-139, the following uses shall be permitted to locate and/or continue as a legal use in the industrial overlay district:

(1)

Bottling plants.

(2)

Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood.

(3)

Sign manufacturing.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-02, § 7, 1-19-2016; Ord. No. 2018-01, § 4, 2-6-2018; Ord. No. 2018-02, § 5, 5-15-2018; Ord. No. 2022-02, § 1, 6-7-2022; Ord. No. 2022-04, § 1, 7-5-2022; Ord. No. 2022-05, § 5, 8-2-2022; Ord. No. 2023-02, § 6, 2-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-140. - Emergency shelters, transitional and supportive housing.

(a)

Prior to the issuance of a certificate of occupancy and business license for an emergency shelter, submittal of a written agreement between the City and the operator of the shelter is required addressing all of the following conditions:

(1)

Emergency shelters shall be permitted solely within the General Industrial District areas shown on the City zoning map.

(2)

A single emergency shelter housing up to a maximum ten beds or persons to be served per night, or a combination of multiple shelters with a combined capacity not to exceed ten beds or persons per night, shall be a permitted use on any parcel within the General Industrial (GI) District. Religious institutions located within the GI District may establish onsite emergency shelters for up to ten beds or persons per night without the need to amend an existing precise plan and/or conditional use permit or apply for a new conditional use permit, regardless of current combined capacity with any existing emergency shelters currently in operation, subject to the minimum development standards contain within this section.

(3)

The emergency shelter shall operate on a first-come, first-served basis with clients only permitted on site and admitted to the shelter between 6:00 p.m. and 8:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 8:00 a.m. during Pacific Standard Time. Clients must vacate the emergency shelter by 8:00 a.m. and have no guaranteed bed for the next night.

(4)

The maximum stay of a given person at the emergency shelter shall not exceed a total of 180 days (cumulative, even if not consecutive) within a 365-day period.

(5)

In no event shall an emergency shelter be established within 300 feet of an existing emergency shelter, as measured from the property line.

(6)

Exterior lighting shall be provided for the entire outdoor and parking area of the emergency shelter property per subsections 26-101(6) and 44-362(e).

(7)

Size and location of on-site waiting areas and client intake areas. An on-site waiting area shall be provided and clearly identified for all clients. The on-site waiting area shall be no larger than ten square feet for every one bed provided at the emergency shelter. Said waiting area shall be in a location that is not adjacent to the public right-of-way. The client intake area shall be located directly adjacent to the on-site waiting area.

(8)

All emergency shelter improvements shall comply with this chapter, and the most current adopted building and safety code, specific to the establishment of dormitories.

(9)

A security and safety plan shall be provided to the City for review and approval in conjunction with any application for a business license for an emergency shelter. The plan may be required to address additional security and safety needs as identified by the City Manager or his or her designee. The approved security and safety plan shall remain active throughout the life of the emergency shelter. The plan shall contain, at minimum, provisions addressing the following topical areas:

a.

Sleeping areas. The separation of male/female sleeping areas, as well as any family areas within the shelter.

b.

Loitering control. Specific off-site controls to minimize the congregation of clients in the vicinity of the shelter and in adjacent neighborhoods during hours that clients are not allowed on site.

c.

Management of outdoor areas. A system for daily admittance and discharge procedures and monitoring of waiting areas, with the goal of minimizing disruption to nearby land uses.

d.

Alcohol and illegal drugs. How the operator will control and regulate alcohol and illegal drug use by clients on the premises.

e.

Contact information. The emergency shelter operators shall provide the City with the most current daytime office business hour contact information for the operator of the shelter, as well as the nighttime contact information for the "persons on duty" when the emergency shelter is open to clients.

f.

Communication and outreach. A plan for the emergency shelter to maintain good communication and response to operational issues which may arise from whatever source.

g.

The operators shall ensure proper compliance with all applicable federal, State and local laws pertaining to client residency and occupancy.

(10)

At least one manager shall be on site during all hours of operation of the emergency shelter. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off site. The manager must be accompanied by one supporting staff member for every five beds, or fraction thereof, in the facility. Such staff members must be individuals who do not utilize the shelter's beds or other services and who reside off site.

(11)

The emergency shelter shall provide off-street parking at the ratio of one space per five beds and/or onehalf spaces per bedroom designed as a family unit with children, plus one space per employee or volunteer staff member on duty. Alternatively, the emergency shelter may submit a parking study, subject to approval by the City, demonstrating that the parking demand associated with the emergency shelter justifies requiring a reduced amount of off-street parking. Each shelter shall also provide a bike rack in a secured area on the premises.

(12)

Public health and safety requirements.

a.

Health permit. An emergency shelter operating without any food services shall be required to comply with applicable Orange County Health Care Agency standards and regulations and secure any necessary permits prior to issuance of a certificate of occupancy and a business license. Any emergency shelter that contains a kitchen, but that does not provide food services, shall comply with all applicable Orange County Health Department standards and regulations; however, such kitchen shall not be remodeled into a commercial kitchen.

b.

Fire and safety. Sleeping sections or rooms shall be equipped with a smoke detector, a hand-held fire extinguisher, and an evacuation plan, subject to review by the Orange County Fire Authority (OCFA). The City may require the installation of a sprinkler system or other appropriate safety measures if recommended by the OCFA.

c.

Sanitation. The emergency shelter shall provide a minimum of one toilet and one shower per gender for every five beds, and a minimum of one private shower and toilet facility for each area designated for use by individual families.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2018-01, § 5, 2-6-2018)

Sec. 44-141. - Nonresidential zoning districts general development standards.

(a)

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table II-6, in addition to the other applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Standards Applicable in all Zoning Districts).

TABLE II-6. DEVELOPMENT STANDARDS FOR NONRESIDENTIAL AND MIXED (RESIDENTIAL AND NONRESIDENTIAL) USES IN NONRESIDENTIAL ZONING DISTRICTS

1 Minimum building setbacks shall be increased one-foot for every foot in height above 35 feet except for setbacks from interior property lines.

2 FAR means the gross floor area of all buildings on a site (excluding parking levels, elevator shafts, or structures) divided by the building site area. FAR shall be inclusive of both residential and nonresidential uses.

3 Perimeter landscaping shall consist of landscaped area (plus necessary driveways and walkways) located within the building setback. The remaining building setback area may contain parking and other facilities. In addition to the above perimeter landscaping, interior landscaping shall be provided as a percentage of the net project area as follows:

Parking area: min. three percent;

Non-parking areas: min. three percent.

4 When the proposed land use abuts property zoned for residential use (R-1 and R-3), the maximum structure height is limited to 30 feet and maximum number of stories is limited to two stories.

5 Building mounted communications facilities shall not extend more than 15 feet above the roofline of the building.

• As provided in the required precise plan for each project.

5 When the proposed land use abuts property zoned for residential use (R-1 and R-3), the maximum number of stories is limited to two and maximum structure height is limited to the figures in Table II-6.

6 Front setback requirements in PND districts are reduced to zero when identified building standards are met.

7 Building mounted communications facilities shall not extend more than 15 feet above the roofline of the building. Cellular facilities in PND districts must be incorporated into a building structure.

8 Development FAR of three-quarters for all B-1 properties located South of the 91 freeway and a FAR of one and one-half for all B-1 properties located North of the 91 freeway. An increase in the standard FAR for B-1 properties located south of the 91 freeway may be permitted subject to approval of a precise plan, provided that the maximum FAR shall not exceed one and one-half.

(b)

New residential land uses and structures, and alterations to existing residential land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table II-7, in addition to the other applicable development standards (e.g., landscaping, parking and loading, etc.) set forth in Article III (Standards Applicable in all Zoning Districts).

1 Minimum building setbacks shall be increased one-foot for every foot in height above 35 feet, except for setbacks from interior property lines.

2 FAR shall be inclusive of any residential component.

3 Perimeter landscaping shall consist of landscaped area (plus necessary driveways and walkways) located within the building setback. The remaining building setback area may contain parking and other facilities. In addition to the above perimeter landscaping, interior landscaping shall be provided as a percentage of the net project area as follows:

Parking area: min. three percent;

Non-parking areas: min. three percent.

4 For all B-1 properties located south of the 91 freeway, a standard FAR of three-fourths shall be required and maximum FAR of one and one-half may be permitted, subject to approval of a precise plan.

(c)

Whenever a change of use or occupancy occurs on a building constructed prior to 1973 in the GI zoning district, the building must be renovated to meet current seismic safety standards before the new tenant occupies the building or prior to obtaining a certificated of occupancy.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-142. - Community benefits requirement for mixed-use development in the B-1 zoning district.

A mixed-use development consisting of housing units in combination with office, commercial retail, public, or entertainment land uses in a single of [or] physically integrated structure or group or structures shall not be permitted in the B-1 zone unless the development fulfills the community benefits requirement, as determined by the Review Authority. The community benefits requirement requires any application for a proposed mixed-use development with residential housing units in the B-1 zone to incorporate at least two community benefits, from a minimum of two different categories, from the (1)—(4) list itemized below. Community benefits project features within categories (2)—(3), and (4) as applicable, shall remain open for use by the public.

(1)

Trip reduction and traffic management.

a.

Bicycle facilities. These facilities can include, but are not limited to: bike storage facilities such as bike lockers, bike racks, or bike stands, or permanent bicycle repair stations. All such facilities shall be provided in proportion to the number of dwelling units in the development and shall be available to residents at no charge.

b.

Car sharing. This shall require the designation of a specific number of parking spaces within the project area for car-share vehicles. The number of car-share spaces shall be determined by the Review Authority based on the size and density of the development, and in compliance with existing City parking requirements.

(2)

Open space improvements.

a.

Quality pedestrian, biking, and green connections. This includes, but is not limited to, lane designations and signage to create and/or improve connections to existing and planned bike lanes and infrastructure within and adjacent to the project site.

b.

Community gathering and green open spaces. This includes, but is not limited to, public or quasi-public plazas, courtyards, community gardens, or open landscaped areas.

c.

Recreational open space. This includes, but is not limited to, parks, playing fields or courts, or outdoor fitness zones.

(3)

Social and cultural facilities.

a.

Arts and cultural facilities. This includes uses such as public art and/or gallery or live performance space within the development, open to members of the general public.

b.

Child care, senior, or youth facilities. This includes childcare facilities, youth centers, senior citizens centers, or similar services located on the premises as part of, or adjacent to, the project.

(4)

Other benefit(s). Other benefits not included in the list shall be considered by and decided upon at the discretion of the Review Authority. To apply this category to meet the community benefits requirement, an applicant shall provide a narrative, with comprehensive site plans as appropriate, explaining the proposed feature and how it will benefit the larger City community. Compliance with this requirement shall be evaluated by the responsible review authority in the review process.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2018-01, § 6, 2-6-2018; Ord. No. 2024-04, § 4, 12-10-2024)

Editor's note— Ord. No. 2024-04, § 4, adopted Dec., 10, 2024, amended the title of Sec. 44-142 to read as herein set out. The former Sec. 44-142 title pertained to community benefits requirement for stand alone housing development in the B-1 zoning district.

Sec. 44-143. - Architectural design standards for development in the B-1 zoning district.

(a)

Architectural articulation. Buildings within the B-1 zoning district shall be designed to minimize the appearance of massing and provide for articulation and high-quality design. Buildings shall incorporate the features set forth below in a manner consistent with the style of the building(s).

(1)

Façade plane modulation. Exterior walls that vary in depth and/or direction, exhibiting offsets, recesses, or projections with depth of at least 18 inches, or a repeated pattern of offsets, recesses, or projections of smaller depth.

(2)

Feature projections and recesses. Projecting eaves and overhangs, balconies, porches, canopies, trellis features, arcades, and window recesses that provide human scale and help break up building mass.

(3)

Variety in height and roof forms. Varied building heights that result in a noticeable change in height or changes in pitch, plane, and/or orientation.

(4)

Façade detail. Details such as cornices, window trim, changes in material, and other architectural elements that provide architectural interest.

(b)

Four-sided architecture.

(1)

All façades of a building that front onto or are visible from public or private streets, State Route 91, or from publically accessible open space, shall be designed to maintain an attractive appearance similar to the front of the building.

(2)

Building façades that face onto internal surface parking areas or adjacent properties shall have architectural features that have the same quality and similar treatments as the front façades with regard to roof design, architectural detail, recessed wall lines, and landscaping.

(3)

For new construction, excluding additions to existing buildings, no street frontage wall may run in a continuous plane for more than 20 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. Exceptions are subject to approval by the Responsible Review Authority.

(4)

For new construction, excluding additions to existing buildings, street-facing façades of all buildings shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses. Placement and orientation of doorways, windows, and landscape elements shall create direct relationships with the street.

(c)

Ground level floors shall be developed to create provide visual interest for pedestrians through elements such as, but not limited to:

(1)

Outdoor gathering areas.

(2)

Retail display windows/cases.

(3)

Service-oriented activities visible through window glazing.

(d)

Ground-related pedestrian entrances shall occur at least once every 100 feet, as measured along the front of the property line. Ground-related entrances include entrances to ground-floor uses, lobbies, or private courtyards.

(e)

Buildings that do not feature glazed windows towards the sidewalk shall have the corresponding wall treated with decorative architectural finishes such as murals, plant materials, display cases, or art that increases visual character.

(f)

Materials.

(1)

All building materials shall be selected with quality, durability, and environmental conservation in mind.

(2)

Buildings or structures on separate parcels or part of a multi-building complex shall be designed, sited, and massed in a manner that is sensitive and compatible with existing improvements through the relationship of building style, texture, color, materials, form, scale, proportion, and location.

(3)

Regional materials are encouraged be used where possible and practical in order to minimize transportation costs and benefit the local economy.

(4)

Recycled materials are encouraged to be used where possible and practical.

(g)

Parking.

(1)

Structured parking shall be fronted or wrapped with habitable uses where possible.

(2)

Where a parking structure is visible from a public street, it shall be vertically landscaped or otherwise augmented, such as with vines and/or public art, to soften the façade.

(3)

Parking garages shall be designed so the visual impact of parking structures on the pedestrian experience and streetscape is minimized.

(4)

Expanses of blank wall space are prohibited.

(5)

Façades on parking structures shall be designed to be compatible in character and quality to the adjoining buildings, plazas, and streetscapes.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-144—44-163. - Reserved.

DIVISION 5. - NONRESIDENTIAL SUPPLEMENTAL DEVELOPMENT STANDARDS Subdivision I. - In General

Sec. 44-164. - Amusement arcades, amusement devices, internet cafes, and computer rentals.

(a)

Amusement devices accessory to an allowed use.

(1)

Two amusement devices or computers for rental by the hour shall be allowed as an accessory use to an otherwise allowed use within the City without the issuance of a conditional use permit.

(2)

Up to eight amusement devices or computers for rental by the hour may be allowed as an accessory use to an otherwise permitted use upon the issuance of a conditional use permit subject to the provisions of this section.

(b)

Standards of operation.

(1)

Persons under 18 years of age. No person under 18 years of age shall be permitted to operate any amusement device hereunder between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday during the regular school year, except during legal school holidays, unless accompanied by a person over 18 years of age.

(2)

Bicycle racks. Establishments that contain three or more amusement devices shall provide bicycle racks for the use of its patrons.

(3)

Hours of operation. Amusement arcades and internet cafes, shall not be open between the hours of 10:00 p.m. and 10:00 a.m.

(4)

Location. Amusement arcades and internet cafes shall not be located closer than 1,000 feet from another amusement arcade.

(5)

Adult attendant. There shall be a minimum of one adult employee on site at all times for every ten amusement devices or computers for rental by the hour.

(6)

No obstruction of doors/windows. There shall be no obstruction of the view into the facility through windows and glass doors, including heavy tinting, blinds, or shades.

(c)

Limitation on conditional use permits. If deemed appropriate, the conditional use permit shall be reviewed after an initial term not to exceed six months. In addition, the approving body for the use permit may, in its discretion, undertake an annual review of the operations to ensure compliance with the use permit. If it is determined that the use permit may have been operated in violation of the conditions of approval or the provisions of this section, or if the use permit is the subject of complaints from adjacent property owners or businesses, the Community Development Director may initiate proceedings to revoke or modify the permit in compliance with Section 44-853.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-165. - Automobile service stations.

(a)

Distance. The distance between automobile service stations on the same side of the street shall be not less than 400 feet, except at intersections of major, primary, or secondary highways.

(b)

Site area. The minimum site area shall be 150 feet by 150 feet and shall have a minimum of a 150-foot frontage on a major, primary, or secondary highway.

(c)

Operations outside of structures. Operations outside of permanent structures shall be limited to the dispensing of fuel and the provision of water, air, and supplies for windshield cleaning. No outside display, work, or outdoor sales of merchandise shall be allowed.

(d)

Orientation of service bays. Entries to service bays shall not face the public right-of-way.

(e)

Landscaping. In addition to general landscaping provisions contained in Article III, Division 3, not less than ten percent of the area of the site shall be permanently landscaped, planted, and maintained in a healthy condition.

(f)

Walls abutting residential district. A solid masonry wall not less than eight feet in height shall be constructed where an automobile service station abuts a residential zoning district or use. The wall shall be reduced to three feet in height within any required setback area adjacent to a street.

(g)

Repairs. Only minor repairs to vehicles shall be allowed at service stations. No major repairs shall be permitted.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-166. - Community events.

(a)

Permit required. No community event shall be permitted to operate within the City unless the event holder obtains a community event permit, as well as any other permits or license required by law. Procedures for obtaining a community event permit are established in 44-948.

(b)

Regulations. Applicants for permits under this section shall comply with each of the following minimum requirements:

(1)

If any City personnel (e.g., police or community services) is recommended to be used for the community event, the applicant shall pay in advance the estimated costs and reimburse any extra costs for all City personnel necessary. The costs will be based on the City personnel's salary from the current year's budget. The City will reimburse the applicant the amount of the prepaid fees that were not spent through the provision of City services to the community event.

(2)

No dangerous animals may be permitted at any community event.

(3)

There shall be no consumption of alcoholic beverages at any outdoor community event.

(4)

Any facilities for the dispensing of food and beverages shall be inspected by the Orange County Health Department.

(5)

The applicant must obtain a temporary sign permit from the Community Development Department for any banners or balloons displayed at the community event pursuant to Section 44-394.

(6)

The applicant must obtain a temporary structure permit from the Community Development Department before the construction of any temporary structures.

(7)

No applicant shall be issued more than four community event permits in a calendar year.

(8)

The applicant shall, prior to the issuance of the community event permit, submit to the special permit committee a certificate showing that there is in full force and effect liability and property damage insurance, written on an occurrence basis, covering every activity of the proposed community event in a minimum amount to be determined at the time of application.

(9)

Prior to the issuance of a community event permit, the applicant shall provide the City with an executed hold-harmless agreement on a form provided by the special permit committee, which shall substantially state that the applicant agrees to indemnify, defend, and hold harmless the City and its officers, employees and agents and free from any liability, penalty, expense or loss of any nature, including but not limited to liability for damage or injury to any persons or property arising out of the willful or negligent acts, errors, or omissions of the applicant, its employees, agents, representatives, or subcontractors in the performance of any tasks or services conducted for or in connection with the event. The hold-harmless agreement shall in no way limit or affect the valid exercise of constitutionally protected speech and expression by the

to any persons or property arising out of the willful or negligent acts, errors, or omissions of the applicant, its employees, agents, representatives, or subcontractors in the performance of any tasks or services conducted for or in connection with the event. The hold-harmless agreement shall in no way limit or affect the valid exercise of constitutionally protected speech and expression by the

applicant or members of the event. Good cause shall include, but not be limited to, a determination that the application of this section would violate the constitutional rights of any individual.

(c)

Regulations if on public property. If a community event takes place on public property, including a public park, public sidewalk or public street, the applicant shall submit an agreement on a form provided by the City and signed by the applicant, stating that, within 48 hours of the conclusion of the community event, the applicant will clean and restore the public property upon which the community event is to occur to its original condition. A cash deposit or a surety bond of $1,000.00, payable to the City, shall secure such agreement. The security deposit shall be refundable on compliance with the provisions and requirements of this article, including the removal of trash and debris, temporary signs, temporary circulation improvements, temporary fencing and accessory facilities and structures. In the event the applicant fails to comply with the terms of this section and remove all temporary facilities and structures or clean the site in a manner satisfactory to the special permit committee within 48 hours of the conclusion of the community event, the City may do so. The reasonable costs thereof shall be charged against the applicant's cash deposit or bond.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-167. - Dances.

(a)

Permit required.

(1)

Public dances. No public dance establishment shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains a conditional use permit and a business license from the City as well as any other permits or licenses required by law.

(2)

Temporary public dances. No temporary public dance shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains a special event permit as well as any other permits or licenses required by law.

(3)

Exemptions. Civic dances and dancing clubs shall not be subject to the provisions of this section.

(b)

Hours of operation. No person shall operate or conduct any activity for which a permit is required under this section between the hours of 1:30 a.m. and 10:00 a.m.

(c)

Illumination. All premises for which a permit is required by this section shall, during the activity for which a permit is required, be illuminated sufficiently so that there shall be average illumination of at least 50 footcandles at a height of 30 inches above the floor of such premises. All parking areas serving such premises which are owned or operated by any person for whom a permit is required by this section shall be well lighted and supervised.

(d)

Dance floor space. No premises for which a permit is required under this section may have less than the following prescribed area, exclusive of hallway space, set aside and reserved exclusively for dancing:

(1)

Three hundred square feet of dance floor, where the seating capacity of the establishment is not more than 50 persons.

(2)

Four hundred square feet of dance floor, where the seating capacity of the establishment is not more than 75 persons.

(3)

Five hundred square feet of dance floor, where the seating capacity of the establishment is in excess of 75 persons.

(e)

Age of persons on premises. No person under the age of 21 years shall be permitted in or upon any premises for which a permit is required under this section where alcoholic beverages are sold, offered for sale, or consumed. No person under the age of 18 years shall be permitted in or upon any premises for which a permit is required under this section unless accompanied by a parent or guardian. Any person of whom a permit is required by this section shall be held responsible for determining whether any person is disqualified by age from being permitted in or upon such premises.

(f)

Solicitation of alcoholic beverages. No person of whom a permit is required by this section, nor any agent or employee of such person, shall solicit alcoholic beverages from any other person on any premises to which such permit applies.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-168. - Self-storage.

(a)

Uses. Use of self-storage facilities shall be limited to storage only. No other activities other than the replacement or retrieval of personal goods shall be allowed within the units or within the compound. No

business activity other than the rental of storage units and sale of related items (i.e., boxes, packing material, package tape, etc.) shall be conducted on the premises.

(b)

Site area and access. The site shall have a minimum area of not less than one and one-half acres or more than five acres, with frontage access to a dedicated street.

(c)

Setbacks. Enclosed structures, fencing, storage, or parking areas shall be set back according to Table II-8.

(d)

Building heights. Enclosed structures shall be a maximum of 35 feet in height and a maximum of three stories.

(e)

Limited storage of certain items.

(1)

Rental units shall not be used to store hazardous or toxic materials as defined by the California Department of Health in quantities or in concentrations greater than those normally found in the living portion of a residential dwelling.

(2)

Rental units shall not be used to store materials that detonate or pose an unreasonable fire hazard upon decomposition, unstable organic compounds, or corrosive acids.

(3)

Recreational vehicles, trucks, automobiles, boats, motorcycles, snowmobiles, lawn mowers, and other equipment with internal combustion engines and combustible fuel contained in the fuel tank shall be stored only in rental units with a one-hour fire rating.

(f)

Within enclosed units. Storage of merchandise, vehicles, trailers, or other materials is permitted only within the units and shall not be allowed outside enclosed units.

(g)

Hours of operation. Self-storage facilities shall limit the hours of operation to between 6:00 a.m. to 11:00 p.m.

(h)

Size of units. Individual rental units shall not exceed 400 square feet in area.

(i)

Access and circulation.

(1)

An access road a minimum of 40 feet in width shall be provided for entry and exiting.

(2)

Each interior drive aisle shall be continuous with no dead ends and shall be a minimum of 40 feet in width, providing temporary loading lanes ten feet in width along the storage units or perimeter block wall or fence, and a reserved fire access lane of 20 feet in width down the center. This is in addition to any landscape requirement.

(3)

Lane striping and pavement signs shall be provided to maintain continuous access for emergency vehicles.

(j)

Off-street parking. Parking shall be provided in compliance with Article III, Division 4.

(k)

Walls. The premises shall be completely enclosed using a combination of structures, fences, and/or walls. The walls shall be masonry construction not less than eight feet in height as measured from the property line at the highest grade. Sites within 300 feet of property zoned for residential use shall provide structures (i.e., masonry block walls or similar) on the outside perimeter of the development a minimum of ten feet in height to protect residences from noise, nighttime glare, and visual activity.

==> picture [360 x 105] intentionally omitted <==

(l)

Landscaping.

(1)

Landscaping shall be provided in compliance with the approved landscape plan and adhere to the landscaping requirements in this chapter.

(2)

Self-storage sites within 300 feet of a residential zoning district or use shall provide one 36-inch box tree and six 25-gallon trees for every 1,000 square feet of setback area.

(m)

Architectural character. Self-storage facilities within 300 feet of a residential zoning district or use shall be designed to resemble a residential housing project in architectural character, landscaping, lighting, signage, color, and materials.

(n)

Lighting. A lighting system of sufficient intensity to discourage vandalism and theft shall be provided during nighttime hours. All lights shall be shielded to direct light away from adjacent properties.

(o)

Security. Self-storage facilities shall be operated under continuous supervision and/or surveillance to help discourage vandalism and theft.

(1)

For the purposes of this section, the term "supervision" shall be defined as a facility with a resident caretaker. Housing accommodations for the resident caretaker shall have a clear view of the entrance and storage buildings. The housing unit shall contain a minimum of two bedrooms, two full bathrooms, and 1,150 square feet of area.

(2)

For the purposes of this section, the term "surveillance" shall be defined as a facility utilizing a 24-hour security camera system to be monitored at all times by onsite personnel. The security camera system shall provide recorded videos of the entire perimeter of the property, around each structure, and within any

public areas of structures such as interior hallways, elevators, and stairwells. Security tapes shall be kept onsite for a minimum of one month before being taped over or destroyed.

(p)

Lease approval and right of entry. Self-storage operators shall submit a copy of the proposed lease documents to the City for approval. The lease documents shall clearly disclose the City's conditions of operation and the restrictions of uses. The lease documents shall contain provisions giving the self-storage operator the right to inspect the unit for the presence of hazardous, toxic, unstable, and explosive materials and to otherwise determine whether the lessee is complying with the terms and conditions of the lease. The provisions shall permit the self-storage operator to be accompanied by representatives of the City's Community Development Department, Community Services Department, and/or the Orange County Fire Authority during the inspections.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Attendance limitations. The maximum number of hours an individual student may occupy a tutoring facility is three hours per day during weekdays, four hours per day on Saturday or Sunday for elementary students, and six hours per day on Saturday or Sunday for middle school and high school students. The individual student shall not exceed a total of 15 hours per week. These restricted hours are applicable to holidays and school recesses as well as the normal school year. There are no restricted hours for adult students.

(b)

Location. Tutoring facilities shall not be located within 1,000 feet of another tutoring facility. Tutoring facilities with any student in the third grade or below shall not be permitted to operate on the second floor or higher of any building.

(c)

Adult supervision. Students shall be under adult supervision at all times both inside and outside of the facility. There shall be a minimum of one adult supervisor for every 15 students overall. Tutoring class sizes shall be limited to eight students per teacher.

(d)

Records of attendance. Tutoring facilities shall keep daily records of all attendants. Such records shall be maintained for two years and be available for inspection as provided herein.

(e)

Inspections. Tutoring facilities shall permit City officials to conduct unscheduled inspections of the premises of the tutoring facilities for the purpose of ensuring compliance with this section and the conditional use permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-170. - Supplemental development standards for the PND zoning district.

In addition to the requirements in Section 44-140(a), developments in the PND zoning district shall comply with the following development standards:

(1)

Buildings and structures.

a.

By adhering to a minimum of three of the standards below, the front setback requirement in PND districts is reduced to zero feet:

1.

Place parking behind, underneath, or on side of building.

2.

Buildings are located immediately behind a public or semi-public use, such as outdoor dining, display, public art, entry forecourts, or other amenity appropriate to an urban development.

3.

A portion of the front building elevation may be set back to allow for outdoor use, such as outdoor patio dining.

4.

A variable street setback may be used where the average setback is greater than five feet.

b.

Corner parcels shall adhere to the traffic safety triangle standards in Section 44-276.

c.

Lots fronting any street designated an arterial highway, regardless of size, are required to have commercial uses along their frontage with the façades facing the public street in a manner that enhances pedestrian connections to outdoor pedestrian spaces such as courtyards, paseos, plazas, and porticos.

d.

All projects shall incorporate softscape to enhance the quality of development to the maximum extent reasonable. Softscape refers to the live, botanical elements of a landscape. Softscape includes green plants, flowering plants, trees, shrubs, vines, flowerbeds, various grasses and groundcovers, and includes the flower, greenery or botanical elements planted in containers, pots and raised beds.

e.

A ten-foot buffer zone is required where a nonresidential property abuts residential property. This area may consist of:

1.

Dense landscaping.

2.

Decorative screening wall.

3.

Landscaped berm.

f.

While fences and walls are sometimes necessary to buffer uses, they can create visual barriers in an existing neighborhood. Fencing and walls constructed within the PND zoning district shall complement the design of the overall development and surrounding properties. All walls shall be constructed of decorative masonry.

g.

Where a nonresidential property abuts residential property:

1.

Open spaces shall be designed to discourage or prohibit the gathering or loitering of groups of persons which may cause noise or other nuisance upon the premises whereby the quiet or good order of the premises or neighborhood are disturbed; and

2.

Excessive noise is prohibited and all exterior noise shall comply with Section 44-267.

(2)

Encroachments.

a.

No part of the structure, permanent attachment or other similar architectural feature may:

1.

Extend into an established setback, side or rear yard or minimum distance between buildings for more than two feet; or

Extend into the public right-of-way without approval of an encroachment permit.

b.

Hedges or any other shrubs or landscaping shall not encroach onto a curb or sidewalk or over a lot line.

c.

No permanent seats, structures, or news-racks shall be placed in the public right-of-way without the review and approval of the City Engineer.

(3)

Circulation.

a.

Internal vehicle circulation shall provide a clear visual path to provide safe, convenient, and efficient vehicular access within and between developments.

b.

Circulation patterns shall be designed to limit points of access from major thoroughfares and minimize the impacts of nonresidential traffic on adjacent residential properties.

(4)

Loading, unloading, and service.

a.

To the maximum extent feasible, common or shared service and delivery access shall be provided between adjacent parcels and/or buildings.

b.

The loading and unloading area shall be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the use.

c.

Trash and loading facilities shall be located either:

1.

At the rear of the site where they can be screened appropriately;

2.

Along the sides of the buildings not visible from a public street; or

Incorporated into the building design.

d.

Service and loading zones where visible from public streets and neighboring buildings and properties shall be screened by the use of decorative walls and/or dense landscaping that will serve as both a visual and a noise barrier.

e.

In developments adjacent to residential uses, loading and unloading activities are permitted only during the hours of 7:00 a.m. to 7:00 p.m.

f.

Trash enclosures shall be screened by a fully enclosed, roofed structure that shall complement the colors and architecture of the building.

g.

Refuse enclosures shall be constructed in accordance with Section 44-274 with exception to Section 44274(c)(1)d., setbacks from residential districts. To permit flexibility in the PND zoning district, placement of refuse enclosures shall be sited and constructed to minimize any adverse impacts to adjacent residential uses.

(5)

Parking.

a.

Parking shall meet the requirements of Division 4 of this article, Parking and Loading. Upon a finding that a reduction in on-site parking is appropriate for a particular use, the review authority may reduce the on-site parking requirements. Any such reduction in parking requirements shall be supported by a site-specific parking study prepared by a qualified engineer, and the reduced on-site parking shall be in accordance with a parking management plan prepared by a qualified engineer and approved by the review authority in conjunction with the precise plan for the development.

b.

Reduced on-site parking may be accomplished, as appropriate, by such means as:

1.

Reducing the number of required parking spaces;

2.

Reciprocal/shared parking between adjacent facilities and/or developments;

Off-site parking;

4.

Flexible work hour schedule;

5.

Bicycle parking facilities including associated shower and changing facilities; and

6.

Reciprocal access.

(6)

Architecture.

a.

The architecture shall be compatible with the predominant styles in the surrounding area and adhere to the design guidelines for the PND zoning district.

b.

The following four design issues shall be addressed through project architecture:

1.

Quality;

2.

Aesthetics;

3.

Styles; and

4.

Materials.

c.

The design of the building shall provide a distinctive, quality, consistent architectural character and style that avoid monotones or featureless building massing and design.

d.

The development shall include the following focal point features, which shall be visible from the streets:

1.

A distinctive design that does not represent standard franchise architecture;

2.

An architectural feature such as a clock tower, spire, or interesting roof form;

3.

Public art or sculpture;

4.

Enhanced customer walkways;

5.

Public seating; or

6.

Landscape feature.

(7)

Roofs.

a.

Where buildings are adjacent to residential uses, rooflines shall be of a similar height to the residential uses or stepped down to a similar height to enhance the compatibility with nearby residential areas.

b.

Where architecturally appropriate, roofs shall provide articulation and variations to divide the massiveness of the roof. Sloped roofs shall include eaves which are a minimum of 18 inches in width.

c.

All rooflines in excess of 40 feet must be broken up through the use of gables, dormers, plant-ons, cutouts or other appropriate means.

(8)

Signage.

a.

All PND developments shall comply with the signage requirements set forth in Article III, Division 5.

b.

A master sign plan is required for each PND multi-unit development or as determined by the Community Development Director.

c.

On all street frontages, signage material shall be integrated into the overall design of the building.

d.

Signs shall be located to complement the architectural features of a building such as above the building entrance, storefront opening, or other similar feature.

e.

Permitted sign types shall be limited to wall, window, awning and monument signs.

f.

Second floor signage is subject to a master signage plan and shall incorporate the following features:

1.

Signs shall be mounted in locations that respect the design of a building, including the arrangement of bays and openings;

2.

Signs shall be appropriately sized for visibility and continuity with the typical storefront or commercial façade of the first floor;

3.

Signs shall be centered within an area uninterrupted by doors, windows, or architectural details; and

4.

The top of the sign should be suspended in line with the lowest point of the roof.

(9)

Landscape.

a.

All PND developments shall comply with the landscape requirements set forth in Section 44-336 and the drought tolerant landscape ordinance.

b.

A master landscape design plan shall be submitted for approval with the precise plan.

c.

All screening walls shall be landscaped with a minimum 50 percent coverage.

(10)

Flexibility in design standards. Modifications greater than those previously mentioned in this section may be permitted if the improvement reflects best urban design practices and does not cause an unreasonable privacy nuisance, public health, or safety concern.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-171—44-193. - Reserved. Subdivision II. - Adult Oriented Businesses[[2]]

Footnotes:

--- ( 2 ) ---

State Law reference— Authority of City to regulate the time, place, and manner of operation of sexually oriented businesses, Government Code § 65850.4, Penal Code §§ 318.5, 318.6.

(a)

The intent of this subdivision is to regulate adult oriented businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include: depreciated property values and increased vacancies in residential areas in the vicinity of the adult oriented businesses; higher crime rates, noise, debris, or vandalism in the vicinity of adult oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. It is neither the intent nor effect of this subdivision to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this subdivision to restrict or deny access by adults to sexually oriented materials or merchandise protected by the first amendment, or to deny access by the distributors or exhibitors of adult oriented business to their intended market.

(b)

Nothing in this subdivision is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-195. - Definitions.

When used in this subdivision, the words and phrases in this section have the following meanings ascribed to them, unless the context indicates a different meaning:

Adult bookstore means any establishment, which, as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral, or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult cabaret means a nightclub, bar, lounge, restaurant, or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

r similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult hotel/motel means a hotel or motel, which, as a regular and substantial course of conduct, provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts and/or which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases, or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above.

Adult live entertainment means any physical human body activity, whether performed or engaged in alone or with other persons, including singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:

(1)

The performer (including a topless and/or bottomless dancer, go-go dancer, exotic dancer, stripper, or similar performer) exposes to public view, without opaque covering, specified anatomical parts; and/or

(2)

The performance or physical human body activity depicts, describes or relates to specified sexual activities whether or not the specified anatomical areas are covered.

Adult model studio means any premises where there is furnished, provided, or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. The term "adult model studio" shall not include any live art class or any studio or classroom that is operated by any public agency or any private educational institution maintained pursuant to standards set by the Board of Education of the State of California.

Adult motion picture arcade means any business establishment or concern containing coin- or slugoperated or manually or electronically controlled still, motion picture, or video machines, projectors, or

other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Adult oriented business.

(1)

The term "adult oriented business" means any business establishment or concern which, as a regular and substantial course of conduct, performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); or any business establishment or concern, which as a regular and substantial course of conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or any business establishment or concern, which, as a regular and substantial course of conduct, provides or allows performers, models, actors, actresses, or employees to appear in any place in attire, which does not opaquely cover specified anatomical parts.

(2)

For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:

a.

The area devoted to adult merchandise and/or sexually oriented material exceeds more than 25 percent of the total display or floor space area open to the public;

b.

The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least six times in any month in any given year;

c.

The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

(3)

"Adult oriented business" does not include those uses or activities upon which regulation is preempted by State law.

Adult theater means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual

reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

G-string means an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.

Individual viewing area means any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos, or other presentations.

Live art class means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class.

Pasties means an article of clothing that opaquely covers the nipple and areola of the female breast and is not designed to nor appears to look like the nipple and/or areola of the female breast.

Performer means any person who is an employee or independent contractor of an adult-oriented business, and who, with or without any compensation or other form of consideration, performs adult live entertainment for patrons of an adult-oriented business. Performer does not include a patron.

Regular and substantial course of conduct means when 25 percent of a business's stock in trade, and/or 25 percent of a business's total gross annual revenue, or 25 percent of a business's advertising, or 25 percent of a business's net interior public area (not including non-public areas such as office space, dressing rooms, non-public storage space and public and non-public bathrooms) is derived from or devoted to a particular thing.

School means an institution of learning for minors, whether public or private which offers instruction in those courses of study required by the provisions of the California Education Code applicable to the type of school at issue and/or is maintained pursuant to standards set by the Board of Education of the State of California and has an approved use permit, if required under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the California Department of Education, but does not include a vocational or professional institution or an institution of higher learning, including a community college or junior college, college or university. Neither shall the term "school" apply to a "tutorial facility" as that term is defined in Section 44-10; a "child day care facility" as that term is defined in Health and Safety Code § 1596.750; or a "day care center" as that term is defined in Health and Safety Code § 1596.76.

Sexually oriented material means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions that are characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts.

Sexually oriented merchandise means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, 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 sadomasochistic activity.

Specified anatomical parts means:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or 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 and opaquely covered.

Specified sexual activities means:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism [picquerism], sapphism, or zooerastia.

(2)

Human genitals in a state of sexual stimulation, arousal, or tumescence.

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.

(4)

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

(5)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain.

(6)

Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being.

(7)

Human excretion, urination, menstruation, or vaginal or anal irrigation.

(8)

The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or equivalent clothing.

(Ord. No. 2015-01, § 3, 5-5-2015)

Notwithstanding any other provision of this chapter no adult oriented business shall be permitted to operate, engage in, conduct, or carry on business within the City unless the owner of the business first obtains an adult oriented business permit and a business license from the City, as well as any other permits or licenses required by law. The above notwithstanding, no adult oriented business proposing to provide live entertainment shall be required to obtain a special permit pursuant to Article V, Division 9. Nor shall any adult oriented business be required to be listed as a permitted or conditionally permitted use within the zone in which it proposes to locate if it otherwise complies with the other development requirements of this Code and the requirements of this section. If an adult oriented business intends to serve alcoholic beverages, the business shall be required to obtain a conditional use permit from the City for the service of the alcoholic beverages. Procedures for obtaining an adult oriented business permit are established in Article V, Division 9.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-197. - Findings/locational and operational requirements.

The following findings and locational and operational requirements shall be applicable at all times to all adult oriented businesses. The City Manager shall deny the requested permit if the findings have not been made.

(1)

The adult oriented business shall not be located within 300 feet of a residential zoning district or any properly approved residential use unless the proposed location of the adult oriented business is physically separated from the residential zoning district or use by a freeway or a creek drainage channel.

(2)

For the purposes of this section, a use is "located" upon a site if an application for the use to be placed upon the site has been filed with the City prior to the date the adult oriented business application has been filed with the City.

(3)

The adult oriented business shall not be located within 300 feet from the perimeter of any lot upon which there is properly located a public park, school, or religious institution unless the proposed location of the adult oriented business is physically separated from the public park, school, or religious institution by a freeway or a creek drainage channel.

(4)

The adult oriented business property shall not be located within 100 feet from the perimeter of any lot of any establishment that serves alcoholic beverages for onsite consumption unless the proposed location of the adult oriented business is physically separated from the alcohol serving facility by a freeway or a creek drainage channel.

(5)

The adult oriented business shall comply with the City's parking standards for the underlying use. Where no City parking standards exist for a particular underlying use, the adult oriented business shall provide one space per occupant as based upon the maximum occupancy as determined by the building official.

(6)

Any signage for the adult oriented business shall comply with the sign regulations of this Code.

(7)

The adult oriented business shall not be located completely or partially within any mobile structure or pushcart.

(8)

The adult oriented business shall not stage any special events, promotions, festivals, concerts, or similar events that would increase the demand for parking beyond the approved number of spaces for the particular use or that would increase occupancy beyond the maximum building occupancy as determined by the fire marshal as required by law.

(9)

The adult oriented business shall not conduct any massage, tattooing, acupressure, fortune telling, or escort services on the premises.

(10)

The adult oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business shall be open to public view at all times with the exception of restroom facilities. The term "accessible to the public" shall include those areas that are only accessible to members of the public who pay a fee and/or join a private club or organization.

(11)

The adult oriented business shall comply with the development and design requirements of the zoning district in which it is to be located.

(12)

The adult oriented business shall not display any sexually oriented material, sexually oriented merchandise, or contain window display that would be visible from any location other than from within the adult oriented business.

(13)

The adult oriented business shall not allow admittance to any person under the age of 18 if no liquor is served or under the age of 21 if liquor is served.

(14)

The adult oriented business shall not operate between the hours of 12:00 midnight and 10:00 a.m.

(15)

Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult oriented business shall have pled guilty or nolo contendre or been found guilty within the past two years of a misdemeanor or felony classified by this State or any other statute as a sexrelated offense and shall have not violated any of the provisions of an adult oriented business permit or similar permit or license in any City, County, territory or State.

(16)

The adult oriented business shall provide separate restroom facilities for male and female patrons. The restroom will be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case, the adult oriented business shall employ a restroom attendant/security officer of the same sex as the restroom user who shall be present in the public portion of the restroom, and that not more than one person is permitted to enter a restroom stall unless otherwise required by law and that the restroom facilities are used only for the intended sanitary uses.

(17)

The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras, or any other means, of every public area of the premises, including the interior of all individual viewing areas, from a manager's station, which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet, in a public portion of the establishment. No public area, including the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device that would prohibit a person from seeing the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. The entire body of any patron in an individual viewing area must be visible from the manager's station without the assistance of a mirror or other device. A manager at least 21 years of age shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all laws and regulations. No individual viewing area shall be designed or occupied by more than one patron at a time.

(18)

All areas of the adult oriented business shall be illuminated at the following minimum foot-candle levels, evenly distributed at ground level:

TABLE II-7. ILLUMINATION REQUIREMENTS FOR ADULT ORIENTED BUSINESSES

(19)

The individual viewing areas of the adult oriented business shall be operated and maintained without holes, openings, or other means of direct visual or physical access between the interior spaces of two or more individual viewing areas. Any hole or opening shall be repaired within 24 hours using "pop" rivets to secure a metal plate over the hole or opening to prevent patrons from removing the metal plate.

(20)

A traffic study shall be prepared for the adult oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway.

(21)

The adult oriented business shall comply with the noise element of the general plan and noise standards of this chapter, interior and exterior noise standards, and any mitigation measures necessary to reduce the project's noise impacts to the City's articulated noise standard.

(22)

The adult oriented business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24, Title 24 of the California Code of Regulations (24 CCR 24), and all other federal, State and City-adopted standards for the specific use.

(23)

Live entertainment shall only be performed on a permanently fixed stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not

less than eight feet from the perimeter of the stage such that no portion of the performer is, at any time, within six feet of any patron. This provision shall not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by a partner by a permanent, floor-to-ceiling solid barrier enclosed on all sides such that access by the patron is not possible.

(24)

No performer engaged in a performance which includes adult live entertainment shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft or the buttocks, perineum, anal region, or female breast with any part or area of the other person's body either before, during or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the railing separating patrons and performers and in each individual viewing area. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business.

(25)

No building, premises, structure, or other facility shall be permitted to contain more than one type of adult oriented business as such types of adult oriented business are defined in Section 44-195. For the purposes of this subsection, the phrase "adult oriented business" shall not itself embody all the various types of adult oriented businesses.

(26)

No individual viewing area may be occupied by more than one person at any one time. No beds shall be permitted in an individual viewing area.

(27)

No patron shall directly or indirectly pay or give any gratuity to any performer, and a performer shall not solicit or accept any direct gratuity from any patron. For the purposes of this section, the phrase "directly pay or give" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least eight feet from the stage or area occupied by the performer.

(28)

Public nudity shall be prohibited on the premises at all times. For the purposes of this subsection, the term "public nudity" shall mean the removal of clothing to the point where the individual is clothed in less than pasties and a g-string, as those terms are defined in Section 44-195.

(29)

The adult oriented business shall be operated consistent with the floor plan approved by the City. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the City.

(30)

The adult oriented 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.

(31)

The adult oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons, which the performers shall be required to use when entering and exiting the business.

(32)

At least one security guard will be on duty outside the premises, patrolling the grounds at all times the business is open to the public. The security guard shall be charged with prohibiting violations of law and enforcing the provisions of this chapter. All security guards will be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorman, ticket taker or seller, or perform any other function while acting as a security guard. For all adult oriented businesses providing live entertainment, an additional security guard will be required with each increase in maximum occupancy of 50 persons. All security guards shall be licensed under the California State Private Security Services Act, Business and Professions Code § 7580 et seq.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Blinders required. No person shall distribute, show, or otherwise display in any location which is visually accessible to minors, any harmful matter as defined in subsection (b) without the placement of a completely opaque material covering the display such that the lower two-thirds of the material is not exposed to view.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Harmful matter means any matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

Location visually accessible to minors means any location on a public or private street, sidewalk, or rightof-way as well as any location on private property which is visible from a public street, sidewalk or other right-of-way or from an area in which the public is invited and minors are not excluded.

Minor means any natural person under the age of 18.

(c)

Punishment. A violation of this section shall be a misdemeanor punishable according to the general penalties described in Section 2-350 (Misdemeanor penalty).

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— Authority of City to require blinders in front of material harmful to minors, Penal Code § 313.1(d).

Sec. 44-199. - Inspections.

The holder of an adult oriented business shall permit officers of the City and any of their authorized representatives to conduct unscheduled inspections of the premises of the adult oriented business for the purpose of ensuring compliance with the law at any time the adult oriented business is open for business or occupied.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-200. - Expansion of legal nonconforming uses.

Notwithstanding any other provision of this Code, no adult oriented business legally operating prior to the effective date of the ordinance codified in this section may be expanded in any manner unless and until the entire adult oriented business complies in all respects with the provisions of this section and/or any other provision of this chapter pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the adult oriented business is located or operating and/or the introduction and/or addition of any category of adult oriented business use not legally operating on the property prior to the enactment of said ordinance as such separate categories of adult oriented business uses are contained in Section 44-195. For the purposes of this section, the phrase "adult oriented business" shall not itself embody all the various types of adult oriented business.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-201. - Health services fee.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Health Department or department means the Orange County Health Care Agency.

Health Officer means the County Health Officer or his/her duly authorized representative.

Receipt means a County public health services fee receipt.

(b)

Purpose and authority. The purpose of this section is to establish fees sufficient to meet the reasonable expenses of the Health Officer in enforcing State statutes, orders, quarantines, and rules and regulations of State offices and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the State. The authority for this subsection is contained in the Health and Safety Code § 101325, as amended.

(c)

Area of application. This section shall be enforceable within the territory in which the Health Officer enforces any State statute, order, quarantine, or rule or regulation of State offices and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the State. The authority for this subsection is contained in Health and Safety Code § 101325, as amended.

(d)

Violation. Notwithstanding any provision to the contrary, it shall be unlawful for any person to conduct any activity enumerated in this section without obtaining a valid receipt.

(e)

Separate activities. If a person shall conduct more than one of the activities for which a receipt is required, he/she must obtain a separate receipt for each activity, except as otherwise provided herein.

(f)

Applications. Applications for a receipt shall be filed with the health department on a form to be provided by that department. The applications shall be accompanied by payment of the required fee. An applicant for or a recipient of a receipt shall provide the Health Officer with any information requested by him or her.

(g)

Rules and regulations. The Health Officer shall administer this section and may issue regulations and prepare application and identification forms pertaining thereto.

(h)

Fees. The County shall, by annual resolution of the Board of Supervisors, adopt health service fees to be paid by the proprietor or operator of the adult oriented business. The fees are to be paid directly to the health department and retained by the department as reimbursement for services related to the administration and enforcement of this subdivision.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-202—44-225. - Reserved. Subdivision III. - Massage Facilities

Sec. 44-226. - Permit and licenses required.

(a)

No person, association, partnership, corporation or other entity shall be permitted to operate, engage in, conduct, or carry on, or to permit to be engaged in, conducted or carried on, the operation of a massage establishment unless: (1) all persons providing massage at the establishment are certified massage practitioners and/or certified massage therapists; and (2) the massage establishment operator has obtained a business license and a conditional use permit from the City, as well as any other permits, licenses and other approvals required by law. Procedures for obtaining a business license are set forth in Chapter 22.

(b)

Any person administering massage in the City for compensation must be certified massage practitioner and/or certified massage therapist holding a valid certification from the Massage Therapy Council. No person may administer massage within the City without first providing, to the Community Development Department, a copy of his or her massage certificate and a list of the names and addresses of all massage establishments at which he or she will provide massage for compensation. Any change in the locations at which a person will provide massage for compensation shall be reported to the City within five working days of the change.

(Ord. No. 2015-01, § 3, 5-5-2015)

The provisions of this subdivision shall not apply to the following types of individuals while engaged in the performance of the duties of their respective professions:

(1)

Physicians, surgeons, chiropractors, osteopaths, acupuncturists or physical therapists who are duly licensed to practice their respective professions in the State of California;

(2)

Nurses registered and practicing under the laws of the State of California;

(3)

Barbers and beauticians who are duly licensed to practice their respective professions in the State of California;

(4)

Licensed employees of hospitals, nursing homes, sanatoriums, or other health care facilities that are duly licensed by the State of California.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-228. - Massage establishment business license.

(a)

Application. In addition to the information required to be provided under Section 22-11, a person applying for a business license for a massage establishment shall provide the following information:

(1)

The prior business and permit history of the applicant, including but not limited to whether the applicant has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revoked or suspended; and whether a vocational or professional license or permit was issued, revoked, or suspended, and the reason for any revocation or suspension.

(2)

All criminal convictions, other than misdemeanor traffic violations and infractions, the jurisdiction in which the conviction occurred, and the circumstances thereof.

(3)

A description of the proposed massage establishment, including the type of treatments to be administered.

(4)

Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application.

(5)

A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than seven calendar days prior to opening for business.

(6)

For each person that the massage establishment does or will employ, retain or permit to perform massage for compensation, a copy of that person's current certificate issued by the Massage Therapy Council, and a copy of that person's identification card issued by the Massage Therapy Council.

(7)

The name and residence addresses of the proposed operator(s) and manager(s) who will be principally in charge of the operation of the massage establishment.

(b)

Changes in information. Except as otherwise specifically provided in this subdivision, once a business license is issued to a massage establishment, the applicant shall submit to the City any change to any of the information required above within seven calendar days of discovering that change. Such changes

include, but are not limited to, changes in the types of services to be provided, and changes in the persons employed or retained by the massage establishment to perform massage for compensation.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-229. - Out-call massage prohibited.

It shall be unlawful to provide out-call massage, or to cause or allow out-call massage to be provided.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-230. - Massage establishment operating requirements.

Every person operating or maintaining a massage establishment in the City shall comply with each of the following requirements at all times:

(1)

Location. A massage establishment shall not be located within 1,000 feet of another massage establishment. The distance between massage establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of one massage establishment to the closest exterior wall of the other massage establishment.

(2)

Hours of operation. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00 a.m. and 9:00 p.m. The operator and/or manager of the massage establishment shall notify the City, in writing, at least 30 calendar days prior to the effective date of any change to the establishment's hours of operation. No person shall administer a massage in any massage establishment outside the permissible hours of operation specified in this subsection.

(3)

Management. One or more managers shall be designated to act as the person(s) in charge of managing day-to-day operations of the massage establishment, including receiving all complaints. The names of such managers must be provided to the City. At least one manager shall be on premises of the massage establishment at all times during all business hours of operation. In addition to the holder of the massage facility's business license, on-site managers shall be responsible for all violations taking place on the massage establishment premises during their respective shifts.

(4)

List of services. A list of all available services, and their respective cost, shall be posted in an open public place within the massage establishment. The list shall, at minimum, be posted in English. No service shall be included on the list unless it is a service that falls within the professionally recognized scope of practice of a certified massage therapist or certified massage practitioner. No owner, manager or operator of a massage establishment shall allow, and no person shall perform or offer to perform, any service other than those posted pursuant to this subsection.

(5)

Display of licenses and certificates. The massage establishment's business license and a copy of the massage certificate for every certified massage therapist and certified massage practitioner employed by the massage establishment, as an employee, independent contractor or otherwise, shall be displayed in an open and conspicuous public place on the massage establishment's premises.

(6)

Records of treatment. Every massage facility operator shall keep a written record of all services rendered on the premises. The record shall include, at minimum, the date and hour of each service, the full name and complete address of the patron, the full name of any certified massage practitioner or certified massage therapist who administered any portion of such service. The record shall be retained for a minimum of two years from the date of service, and shall be open to inspection upon demand by officials charged with the enforcement of this subdivision, and by emergency personnel, for law enforcement and emergency purposes and for no other purpose. The information furnished or secured as a result of any such records shall remain confidential to the extent permitted by law.

(7)

Inspections. All areas of the massage establishment shall be subject to reasonable inspections during all hours of operation to ensure compliance with the City's Code, state law regulating the practice of massage, and all other applicable laws and regulations.

(8)

Massage school prohibited. No massage establishment shall operate as a school of massage or use, or permit use of, any portion of its facilities as a school of massage.

(9)

Advertisements. No massage establishment owner, operator, manager, employee or independent contractor shall place, publish or distribute, or cause or allow to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on the massage establishment's list of available services required under subsection (4).

(10)

Clothing. All owners, operators, managers, employees, and independent contractors of a massage establishment shall be clean and shall wear clean, nontransparent outer garments at all times when present on the premises of the establishment. Such garments shall not expose any genitals, pubic areas, buttocks or breasts, and shall otherwise comply with the standards set forth in Business and Professions Code § 4609.

(11)

Employees and independent contractors. The operator and/or manager of a massage establishment shall maintain on the premises a register of all employees and independent contractors of the establishment.

Information concerning an employee or independent contractor shall be maintained for a minimum of two years after the person ceases to work for the establishment. The operator and/or manager shall make the register immediately available for inspection upon reasonable demand of a representative of City law enforcement or code enforcement. The register shall include, but not be limited to, the following information:

a.

The name, nicknames and/or aliases used by an employee.

b.

The employee's home address and relevant phone numbers (including but not limited to home, cellular and pager numbers.)

c.

The employee's age, date of birth, gender, height, weight, color of hair and eyes.

d.

The employee's Social Security number.

e.

The date of employment and termination, if any.

f.

The duties of each employee

(12)

Compliance with laws. Massage establishments shall be operated in compliance with all applicable laws and regulations, including without limitation, the California Massage Therapy Act (Business and Professions Code § 4600 et seq.).

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-231. - Massage establishment facility requirements.

To ensure the health and safety of all persons, every person operating or maintaining a Massage Establishment, and/or providing massage services, in the City shall comply with all of the following requirements at all times:

(1)

A recognizable and readable sign, compliant with all applicable City sign regulations, shall be posted at the main entrance of the massage establishment, identifying it as such an establishment.

(2)

The hours of operation of the massage establishment must be posted in the front window in a manner that is clearly visible from the exterior of the establishment.

(3)

One front door that enters into the lobby and/or other waiting room of the establishment shall be provided for customer use. All customers and any other persons other than employees of the establishment shall be required to enter and exit through the establishment's front door.

(4)

Minimum lighting shall be provided in accordance with the Section 44-278. In addition, at least one unobstructed, artificial light of not less than 40 watts shall be provided in each room or booth where massage services are performed on patrons and shall be illuminated at all times while any patron is present therein.

(5)

Minimum ventilation shall be provided in accordance with the California Building Standards Code.

(6)

Instruments used in performing massage services shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods between use on different patrons. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided at all times.

(7)

Hot and cold running water shall be provided at all times on the premises.

(8)

Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. Each massage establishment shall provide a minimum of one tub or shower, one toilet, one sink, and one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked and a minimum of one toilet and one washbasin. If male and female patrons are to be served simultaneously at the establishment, separate bathing, separate massage rooms, separate dressing areas and separate toilet facilities shall be provided for each gender.

(9)

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition at all times. Wet and dry heat rooms, steam vapor rooms, steam and vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned with a disinfectant at least once each day that the business is in operation. Bathtubs shall be thoroughly cleaned with a disinfectant after each use. All walls, floors and ceilings of each restroom and shower area shall be constructed with materials that are smooth and easily cleanable. No carpeting shall be installed in these specified areas.

(10)

Clean and sanitary towels, coverings and linens shall be provided for each patron of the establishment. No common use of towels or linens shall be permitted. Clean towels, coverings and linens shall be stored in enclosed cabinets. Disposable towels and coverings shall be permitted, but shall not be used on more than one patron. Soiled linens, coverings and towels shall be deposited in separate, approved receptacles.

(11)

If any pads are used on massage tables, such pads shall be covered with a durable washable plastic or other waterproof material which shall be cleaned and disinfected with a disinfectant at least once each day the establishment is open.

(12)

A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.

(13)

No massage establishment shall be equipped with any of the following improvements:

a.

Tinted or "one-way" glass in any room or office;

b.

Door-viewer or peephole designed to look through a door or wall; or

c.

Locking mechanisms on any interior door that would impede unobstructed entrance to massage treatment rooms, including but not limited to a locking mechanism on any treatment room door, unless there is no staff person available to assure the security for clients and massage personnel who are behind closed doors. For the purpose of this subsection, a staff member is available to assure the security of clients and massage personnel when the massage establishment employs a receptionist or other person who is stationed in a public location outside of the massage treatment rooms.

(14)

With the exception of massage establishments owned by one individual with one or no employees or independent contractors, massage establishments shall keep all doors leading to the exterior of the premises unlocked during the establishment's business hours.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

No massage shall be allowed in any areas of a massage establishment other than in designated massage rooms. If male and female patrons are to be served simultaneously at the establishment, separate massage rooms shall be provided for each gender. In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single room, or the operators of the massage establishment may elect to place such persons in separate massage rooms.

(b)

No massage services shall be rendered to a patron unless the patron's genitals are fully covered. In the case of a female patron, the patron's breasts must also be fully covered. In addition, no patron's genitals or the breasts of any female patron shall intentionally be touched while the patron is on the premises of the massage establishment.

(c)

No alcoholic beverage or drug, other than a prescription medication in the possession of the person for whom the prescription was written, and no condoms, shall be stored or allowed on a massage establishment's premises. Service of alcoholic beverages shall not be permitted.

(d)

No person shall enter or remain on any part of the premises of a massage establishment, and no person shall conduct, operate, be employed by or provide massage, while in the possession of, while consuming, or while under the influence of any alcoholic beverage or drug, except for medication provided pursuant to a valid prescription issued by a physician duly licensed to practice in the State of California.

(e)

No sexually oriented material or sexually oriented merchandise may be allowed, displayed or stored anywhere on a massage establishment's premises. For purposes of this subsection, the terms "sexually oriented material" and "sexually oriented merchandise" shall have the same meanings as set forth in Section 44-195.

(f)

No person may record, or cause or allow to be recorded, any audio and/or video of the performance of a massage or of the conversation or other sounds in any massage room, dressing area, toilet area or other portion of the premises where there is a reasonable expectation of privacy, without the knowledge and express written consent of the patron.

(g)

No massage establishment shall have installed or utilize any signaling devices of any type to alert employees and/or patrons to the presence of law enforcement or other persons charged with enforcement

of the provisions of this Code and/or other applicable laws and regulations.

(h)

No person shall reside, dwell, occupy or live inside, or be allowed to reside, dwell, occupy or live inside, a massage establishment at any time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Every person operating a massage establishment under a permit as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, the type of treatment administered and the name of the person administering such treatment. Such record shall be maintained for a period of two years from the date services are rendered, and shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purposes. The information furnished or secured as a result of any such inspection shall be confidential to the extent permitted by law. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor and such officer or employee shall be subject to penalties provided by law.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-234. - Name of business.

No person licensed to do business as herein provided shall operate under any name or conduct business under any designation not specified in the person's massage certificate.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-235. - Inspection.

The Police Chief or his or her agent, the Community Development Director, Fire Marshal, and/or the Orange County Health Care Agency or its successor agency may from time to time conduct unannounced inspections of a massage establishment, in accordance with applicable laws, for the purpose of confirming that the provisions of this subdivision are met, and may furnish a copy of the inspection report to any appropriate governmental agencies.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-236—44-259. - Reserved.

ARTICLE III. - STANDARDS APPLICABLE IN ALL ZONING DISTRICTS DIVISION 1. - GENERALLY

Sec. 44-260. - Street numbers and identifying data.

Street numbers and other identifying data shall be displayed according to the provisions of Section 44-277, Address numerals, and as follows:

(1)

Every dwelling unit shall display illuminated street address numerals during hours of darkness.

(2)

There shall be positioned at each entrance of each multifamily housing complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number which is easily visible to approaching vehicular and/or pedestrian traffic.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-261. - Dish antennas, amateur radio communication facilities, and citizen band (CB) radio antennas.

This section provides standards for the location and installation of amateur radio communication antennas/facilities, citizen band radio antennas, and dish antenna, which shall be located, constructed, installed, and maintained in the following manner:

(1)

In all zoning districts, all antenna types shall comply with the following:

a.

Antennas shall be designed, installed, and maintained in compliance with Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) standards.

b.

Antennas shall not be located within required front or side yard setback areas or closer than five feet from the rear property line.

c.

No portion of an antenna shall extend beyond the property lines of the subject parcel.

d.

Antennas and supporting structures shall be a neutral, non-glossy, non-reflective color (i.e., earth-tones, black, gray) and be located in the most inconspicuous location possible to receive and transmit signals.

e.

Electrical and antenna wiring shall be placed underground.

f.

Any antenna that requires a footing shall be required to have a building permit issued by the Community Development Director.

g.

Antennas shall be maintained in proper working order and any graffiti shall be removed within 24 hours from the time it is reported.

h.

No commercial advertising material shall be allowed on any antenna, except for requisite safety text and other labeling required by law.

i.

Approval by the City shall not be deemed as approval by a homeowners' association pursuant to any covenants, conditions, and restrictions (CC&Rs).

j.

Antenna poles and towers installed prior to the effective date of the ordinance from which this section is derived shall be deemed to be legally nonconforming.

(2)

In all zoning districts, all amateur radio and citizen band (CB) single pole and tower communication facilities shall comply with the following:

a.

Maximum height of any pole or tower antenna is 15 feet above the highest point of the roof of the main or primary structure located on the same parcel.

b.

Antenna poles and towers greater than 25 feet in height above the average finished grade of the subject site, when fully extended, shall require the approval of a conditional use permit.

c.

Retractable poles and towers shall be fully retracted when not in use.

d.

All antenna poles and towers shall be the self-supporting type, with no supporting guy wires.

e.

No portion of any antenna pole or tower shall be allowed within required setback areas.

f.

Any equipment on the base of an antenna pole or tower shall be screened subject to the approval of the Community Development Director.

g.

Anti-climb devices shall be installed at the base of the antenna tower if required by the Community Development Director.

(3)

Dish antenna. In addition to the conditions in subsection (1), the following conditions shall apply:

a.

In residential zoning districts, dish antennas:

1.

Shall not project or overhang into areas where they are prohibited (i.e., setback areas).

2.

With masts higher than 12 feet above the roofline, shall require a building permit issued by the Community Development Director.

3.

Shall be screened from public view so long as antenna placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay.

4.

Shall only be used for private, noncommercial, purposes unless the use is directly related to a business for which the property owner has obtained a home occupation license pursuant to Chapter 22, Article III.

5.

Larger than one meter (39.37 inches) in diameter, shall be subject to the following additional standards:

(i)

Shall be located only within the rear yard of the parcel, at least five feet from the rear or side lot lines and at least 15 feet from any street side property line.

(ii)

Shall require a building permit issued by the Community Development Director.

b.

In nonresidential zoning districts, dish antennas:

1.

Shall not project or overhang into areas where they are prohibited (i.e., setback areas).

2.

With masts higher than 12 feet above the roofline, shall require a building permit issued by the Community Development Director.

3.

Shall be screened from public view so long as antenna placement does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay.

4.

Larger than one meter (39.37 inches) in diameter, shall be subject to the following additional standards:

(i)

Shall be located only within the rear yard of the parcel, at least five feet from the rear or side lot lines and at least 15 feet from any street side property line.

(ii)

Shall require a building permit issued by the Community Development Director.

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— City authorized to regulate amateur radio station antenna structures, Government Code § 65850.3.

Note— Does not pertain to telecommunication transmission equipment.

Sec. 44-262. - Fences, walls, and hedges.

(a)

Applicability. The provisions of this section pertaining to height shall not apply to fences required by State law to surround and enclose public utility installations or to chain link fences enclosing school grounds and public playgrounds. However, the provision pertaining to safety vision at corners shall apply to such fences.

(b)

General provisions.

(1)

Measuring height. The height of a wall shall be measured from the top of the street curb to the top of the wall, including any retaining wall, if present. If there is no curb present, then the height shall be measured from the lowest adjacent finished grade. For a wall between commercial or industrial and residential zoning districts, the measurements shall be taken from the residential side.

(2)

Height. The maximum height of a wall, fence, hedge, or lattice, or any combination of along an arterial highway, a local street, or other public easement shall be eight feet unless otherwise approved by a precise plan.

(3)

Maintenance. A property owner is responsible for the maintenance and repair of any fence, wall, hedge or lattice extension exhibiting damage or a worn out appearance.

(4)

Painting of wall. Painting or changing the surface of any block wall facing an arterial highway, local street, or other public right-of-way is permitted with only the approved color as designated by the City Council.

(5)

Location. No fence, wall or hedge shall be located within the public right-of-way without approval of an encroachment permit from the Community Services Department.

(6)

Joint ownership of a wall. Any modification, repair or construction of a joint ownership (common) wall shall be subject to prior written approval of all joint owners.

(7)

Water barrier. Any modification, repair or construction of a wall that abuts a planter area will require a waterproof barrier located on the inside of the wall between the surface of the wall and the soil in the planter.

(8)

Residential use adjacent to nonresidential use. A decorative block wall of at least eight feet in height, and using at a minimum a six-inch-wide block, shall be constructed adjacent to all side and rear yard property lines, where a residential district or use is adjacent to a nonresidential district or use.

(9)

Commercial property abutting residential property. A decorative block wall of three feet in height shall be constructed where a commercial property line abuts the side of the front yard setback of a residential property.

(10)

Permits required. All block walls over three feet high and any extension to existing block walls shall require building permits from the Community Development Department. A height extension using lattice to a block wall shall require Community Development Director Approval and a building permit.

(11)

Access to rights-of-way. Gate openings from private property to any public right-of-way or street must be approved by the Community Development Director, based on the following criteria:

a.

The gate opening shall not be located less than 30 feet from an intersection.

b.

The gate opening shall not impact the vehicular or pedestrian traffic on the public right-of-way.

c.

There shall be no modifications to the public right-of-way (e.g., curb cuts or drive approaches). Any gate openings that would require modifications to the public right-of-way will require a precise plan amendment.

d.

All gate openings shall slide from side-to-side on the private side of the gate or shall be inward opening.

e.

Southern California Edison shall approve all requests, in writing, for a gate opening onto its right-of-way.

(c)

Lattice height extensions.

(1)

A lattice extension to a wall is only permitted in the Single Family Residential (R-1) zone.

(2)

A lattice extension must be made of pressure-treated wood, vinyl or similar synthetic material.

(3)

A lattice extension of a wall shall be no higher than the lesser of two feet in height, or a total height for the wall plus lattice extension of eight feet, centered and mounted securely onto the top course of a wall as shown in figure B-1.

==> picture [360 x 441] intentionally omitted <==

(4)

A lattice extension shall not project above the maximum height of a wall allowed under Table III-1 in this section.

(5)

A lattice extension shall be white in color, unless the wall it is attached to is painted. In such circumstances, the lattice may be painted to match the wall color at the City's discretion.

(6)

A lattice extension is not permitted within the front setback area.

(7)

A lattice extension to a wall facing an arterial highway, local street or the public right-of-way does not have to be a complete section of wall. The lattice extension can be installed solely on an individual property

basis and result in a "stair-stepping" effect at the property line.

(8)

If a lattice extension includes trained vegetation growing onto the lattice, then such vegetation shall not include thorns or other features that would cause injury to the public passing by the lattice.

(9)

A lattice extension shall be a framework made up of one and one-quarter-inch wide strips of pressuretreated wood or solid synthetic material that is overlapped in a 3D diagonal pattern. A lattice extension shall also feature cap and divider moldings.

(10)

A lattice extension shall have openings in a diagonal pattern that are no less than one-inch square and no greater than two inches square.

(d)

Block height extensions.

(1)

A block extension shall not be of a different style, type or color of material used in the existing wall. If the block extension is on a painted wall, then the block extension shall be painted to match the wall color at the City's discretion.

(2)

Any existing cap on a wall must be removed prior to an extension.

(e)

Residential provisions.

(1)

Maximum heights. The maximum height of a wall, fence, or hedge shall be as follows:

1 A height extension to a wall shall not exceed the maxi-mum height identified in Table III-1.

(2)

Required residential walls. For all new developments, a decorative masonry block wall of at least six feet in height and six inches thick shall be constructed so as to be centered on all side and rear property lines. Replacement of existing residential walls between lots may be of any fencing type, except chain link.

(3)

Required points of extension. Required walls along side yard property lines of corner lots shall extend to a point perpendicular to the front elevation closest to the street. When side and rear yards abut, the wall shall extend the entire length of the rear property line.

(4)

No chain link. No chain link fencing shall be permitted in any residential yard where it is visible from the public right-of-way.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-263. - Glare.

All lighting, both exterior and interior, shall be designed and located so as to confine direct light rays to the subject premises and to minimize the effects of reflected light on adjacent or nearby properties.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-264. - Hours of operation.

The operation of permitted uses located within 300 feet of any property zoned R-1 or R-3 shall be limited to the hours between 6:00 a.m. and 11:00 p.m., except as approved by a precise plan or a conditional use permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-265. - Irregular lots.

This section provides standards for the establishment and measurement of setbacks on irregular lots.

(1)

Perimeter setbacks. Perimeter setbacks shall be measured from the property line or the ultimate street right-of-way line, whichever results in the larger setback.

(2)

Flag lots.

a.

Setbacks. All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area.

b.

No structures in panhandle. Structures shall not be allowed in the "panhandle" portion of the lot, nor shall that portion be credited to minimum lot area requirements.

(3)

Determination of property lines. Where a building site is situated so that any of the property lines are not readily determinable, required setbacks shall be as determined by the Community Development Director in compliance with the following criterion: required setbacks shall not allow the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.

(4)

Setbacks from easements. Where a surface easement for street, vehicular access, bikeway, recreation trail, or similar purposes has been granted across a lot, the building setback shall be measured from the property line or from the edge of the easement, whichever is closer to the building.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-266. - Measurements, projections, and encroachments.

(a)

Measuring building height. The maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height as established for the corresponding district.

==> picture [360 x 134] intentionally omitted <==

(b)

Allowable height projections. Architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend five feet above the maximum structure height as established for the corresponding district, if approved as part of a precise plan or conditional use permit. The aggregate floor or "footprint" area of such architectural features shall not encompass more than ten percent of the ground floor area of the structure. Chimneys shall comply with building code regulations.

(c)

Determining lot frontage. The Community Development Director shall determine which property lines shall be considered the lot frontage for the purpose of complying with setback requirements. On all irregular and nonrectangular lots, the Community Development Director shall determine the location of front, side, and rear yard areas.

(d)

Allowable encroachments. The following structures may encroach a maximum of two feet into any required setbacks established for the corresponding district, provided the projections do not extend over the property line:

(1)

Eaves, buttresses, cornices, sills, or other similar architectural features.

(2)

Fireplace structures not wider than eight feet.

(3)

Awnings or open patio covers.

(4)

Guard railings for safety protection around ramps.

(5)

Bay windows, without a foundation, located in the front or rear setback area.

(e)

Prohibited encroachments. Bay windows not meeting the allowable encroachment criteria identified above, balconies, pop outs, and similar features shall not encroach into the required setbacks established for the corresponding zoning district.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-267. - Noise.

(a)

Excessive noise prohibited. A person shall not willfully make or continue, or willfully cause to be made or continued, any loud, unnecessary, or unusual noise that disturbs the peace or quiet of any neighborhood or zoning district or constitutes a public nuisance.

(b)

Exterior noise standards. Property owners/business operators/tenants shall be responsible for the attenuation/mitigation of noise. The following noise levels are the maximums permitted in the City, unless otherwise stated in a precise plan or conditional use permit.

TABLE III-2. EXTERIOR NOISE STANDARDS

• Noise shall be measured at a position or positions at any point on the receiver's property. In general, the microphone shall be located four to five feet above the ground; ten feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized.

It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other property, to exceed:

(1)

The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or

(2)

The noise standard plus five dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or

(3)

The noise standard plus ten dB(A) for a cumulative period of more than five (5) minutes in any hour; or

(4)

The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or

(5)

The noise standard plus twenty (20) dB(A) for any period of time.

(c)

Noise measurement. Noise measurements shall be made with a sound level meter using the "A" weighted network (scale). Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

(d)

General regulations to control noise.

(1)

Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects shall not occur between the hours of 10:00 p.m. and 7:00 a.m. in a manner that would cause a noise disturbance to a residential zoning district. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects shall not occur in commercial or industrial areas abutting residential zoning districts between the hours of 7:00 p.m. and 7:00 a.m.

(2)

Vehicle repairs and testing. Repairs, rebuilding, modifying, or testing of motor vehicles, motorcycles, motorboats, or other motorized vehicles shall not occur between the hours of 7:00 p.m. and 7:00 a.m. in a manner that would cause a noise disturbance to a residential zoning district.

(3)

Maintenance activities. Maintenance activities in landscape and parking areas (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing) shall not occur between the hours of 8:00 p.m. and 8:00 a.m. in a manner that would cause a noise disturbance to a residential zoning district.

(4)

Construction activities. Construction activities shall include noise generated at the site during site preparation and construction, which includes utilizing various types of machinery and equipment. Construction activity also includes the transport of workers and export of debris and import of construction materials from the site. Construction activity shall be limited to the following:

TABLE III-3. RESTRICTED HOURS FOR CONSTRUCTION ACTIVITIES

• Modification of construction hours may be granted for temporary uses per Section 44-1007(7).

Note— Section 26-202(g) provides for modification of hours for temporary uses.

(e)

Exceptions. Short-term or temporary intermittent bursts of noise may exceed maximum noise levels for approved construction projects, emergency vehicles and equipment, and other short-term incidents with City approval. Such short-term or temporary intermittent noises shall not exceed 30 seconds of constant sound above the established levels nor occur more frequently than one incident of noise level excession every five minutes over a period of not more than three hours.

(f)

Residential design requirements. New residential development shall be consistent with Title 24 of the California Code of Regulations in order to ensure an adequate interior noise environment for residential uses.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2021-01, §§ 4, 5, 8-3-2021)

Sec. 44-268. - Outdoor display, advertisement, and sales of merchandise.

There shall be no outdoor display, storage, or sales of merchandise, except where specifically permitted by Section 44-139 or by a conditional use permit or by an outdoor display and seating permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-269. - Outdoor work.

(a)

Outdoor work such as assembling, repairing, dismantling, and manufacturing of merchandise shall not be allowed unless approved by a conditional use permit.

(b)

Gardening, permitted construction activities, and loading and unloading of merchandise from vehicles shall not be considered outdoor work.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-270. - Items in the public right-of-way.

No person shall store, place, locate, or display any item in the public right-of-way other than operational vehicles, emergency equipment, or items approved by the City with an encroachment permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-271. - Stormwater runoff.

All new development shall comply with the County of Orange Areawide Urban Storm Water Runoff Guidelines and any additional standards or guidelines that may be adopted by the City.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-272. - Screening of equipment.

All mechanical equipment, including heating, ventilating, and air conditioning equipment, shall be screened from view of a public street or adjacent property in a manner approved by the Community Development Director, whether such equipment is located within a building, behind a roof parapet, or on the ground.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-273. - Swimming pools, fish ponds, and fountains.

(a)

Compliance with codes. Swimming pools, fish ponds, or other bodies of water 12 or more inches in depth at any point shall be developed in compliance with any applicable standards and codes as required by the City, County, and State.

(b)

Required setbacks.

(c)

Front yard. Fish ponds, fountains, and other water features located in the front yard of a residence shall not exceed 12 inches in depth or 50 square feet in area.

(d)

Mosquito abatement. All fish ponds, fountains, or other water features shall contain mosquito fish or other mosquito abatement measures recommended by the Orange County Vector Control District.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-274. - Trash and recyclable materials storage.

(a)

Provisions for trash required. Adequate, accessible, and convenient areas for collecting and loading trash and recyclable materials shall be provided in compliance with State law.

(1)

Multifamily uses. The following are minimum requirements for common refuse and recyclable material storage areas for multifamily developments with five or more units. Storage areas may be located indoors or outdoors as long as they are readily accessible to all residents. Areas are measured in square feet. If the trash storage area is located outdoors, a trash enclosure is required.

TABLE III-5. MULTIFAMILY DEVELOPMENT

MINIMUM COMMON STORAGE AREAS REQUIRED (SQ. FT.)

(2)

Nonresidential uses. Nonresidential uses shall provide refuse areas in compliance with the following requirements. Requirements apply to each individual structure. Areas are measured in square feet.

TABLE III-6. NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT.)

Every additional 25,000 sq. ft. shall require an additional 96 sq. ft.

100,001 +

(b)

Area to be shown on plans. Trash and recyclable materials storage areas shall be included on all applicable plans to be approved by the City. Design specifications shall include space allocation, location, design, and signage, if applicable.

(c)

Enclosure standards. Trash and recyclable materials containers shall be located within an enclosed area. Enclosures for trash and recycling containers shall comply with the following standards.

(1)

Enclosure placement. Trash and recyclable materials enclosures shall be provided as follows:

a.

Located within 250 feet of all businesses served by the enclosure.

b.

Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters.

c.

Located substantially away from public view and pedestrian and vehicle circulation areas unless determined infeasible by the review authority.

d.

Located a minimum of 25 feet away from residentially-zoned property.

(2)

Enclosure design. Enclosures shall be constructed on a concrete pad with a concrete apron and be of an adequate size to accommodate the containers they enclose, per disposal company standards. Access to the containers for collection shall also meet disposal company requirements. Enclosures shall comply with City standards as illustrated below. Walls shall be at least six feet high and shall be made of strong, masonry block, and finished as to match colors and finishes of nearby buildings and be consistent with current City standards. Doors shall be self-latching, metal or metal framed, and of heavy-duty construction sufficient to withstand hard usage. Trash enclosures shall incorporate a drain that carries wastewater to the sanitary sewer. Interior six-inch-high concrete or metal curbs shall be included to prevent damage to the walls from collisions with heavy containers.

==> picture [360 x 295] intentionally omitted <==

(d)

Weather protection. Each enclosure shall be designed and maintained so that deposited materials are contained during windy periods. The trash enclosure shall have a roof and individual containers shall have lids. The roof shall be constructed of a solid, high quality, and durable material, and shall incorporate a design that is architecturally compatible with the building on the property. Enclosures or containers designated for recyclable materials that could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions.

(e)

Maintenance of trash facilities. It shall be the responsibility of the property owner to ensure that the immediate surroundings and the floor of the enclosures are kept clean and free of debris, that the enclosure gates have operable latches, that the enclosure gates remain closed, and that the container lids remain closed at all times except during periods of depositing trash and emptying the bin.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Underground installation. Utilities, including electrical, telephone, cable television, and similar service wires or cables that provide direct service to the development on the property shall be installed underground unless otherwise approved by the City Council when approving a precise plan. The developer or owner is responsible for complying with the requirements of this section and making the necessary arrangements

with the utility companies for installation of facilities. Freestanding electrical boxes are not permitted in residential zones.

(b)

Aboveground exceptions. For the purpose of this section, appurtenances and associated equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground with approval of the Community Services Department. Such exceptions shall not be placed in required front or side yard setbacks and shall be adequately screened so as not to be visible from the street.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 16, 5-3-2016)

Sec. 44-276. - Traffic safety triangle.

(a)

Corner parcels. Traffic safety triangles shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways. The traffic safety triangle shall be described as a triangular shaped area on a corner parcel formed by 20 feet from the intersection of lines tangent to the face of the curb, and connecting the lines diagonally across the property making a 90degree triangle as shown in the figure below.

(b)

Height of obstructions. The maximum height of any object (i.e., fence, landscaping, signs, or walls) located in the traffic safety triangle area shall be three feet, measured from the adjoining top of curb. The three-foot height limit shall not apply to traffic safety devices, trees trimmed to eight feet above the adjacent top of curb, utility poles, and other government or utility installed devices.

==> picture [360 x 223] intentionally omitted <==

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-277. - Address numerals.

Street address numerals shall be provided pursuant to the following:

(1)

Single-family units. Street addresses shall be visible from the public street and may be displayed either on the front door, on the fascia adjacent to the main entrance, or on another prominent location. Numerals shall be a minimum four inches in height with not less than one-fourth-inch stroke and shall contrast sharply with the background.

(2)

Multifamily units. Street addresses shall be visible from the public street and shall be displayed on the complex identification sign. If there is no complex identification sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Street address numerals shall be a minimum six inches in height with not less than one-half-inch stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals of individual units shall be a minimum of four inches in height with not less than one-fourth-inch stroke and shall contrast sharply with the background.

(3)

Nonresidential properties. Street addresses shall be visible from the public street. Street addresses shall be displayed on a freestanding sign, on the fascia adjacent to the main entrance, or on another prominent location on the building. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum six inches in height with not less than one-half-inch stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals for the individual units shall be four inches in height with not less than one-fourth-inch stroke and shall contrast sharply with the background.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-278. - Outdoor and exterior lighting standards.

Where applicable all outdoor and exterior lighting standards shall meet the recommended illumination levels as published by the then-current edition of the Illuminating Engineer Society of North America (IESNA or IES) Lighting Handbook.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-279—44-302. - Reserved. DIVISION 2. - AFFORDABLE HOUSING

The purpose of this division is to implement the provisions of California Government Code § 65915, and the City's Housing Element, regarding the provision of density bonuses and other regulatory incentives for affordable and senior housing projects.

(Ord. No. 2015-01, § 3, 5-5-2015)

The provisions of this division shall apply to projects qualifying for density bonuses provided for by California Government Code § 65915.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-305. - Government Code § 65915 adopted by reference.

California Government Code § 65915, a copy of which shall remain on file in the office of the La Palma City Clerk for use and examination by the public, is adopted and incorporated herein by reference as if fully set forth, and shall constitute the affordable housing density bonus regulations of the City.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-306. - Supportive housing.

(a)

Purpose. The purpose of this section is to establish development standards for supportive housing and to ensure the supportive housing is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 11 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65650.

(b)

Applicability. The provisions of this section shall apply to all supportive housing projects.

(c)

Planning approval required. An application to establish any supportive housing project shall be submitted to the Director of Community Development for review and approval. The decision to approve or deny the application shall be a ministerial in nature, without any discretionary review or a hearing. A decision by the Community Development Director shall be taken within 60 days of a complete application being filed.

(1)

Supportive housing projects shall be a use permitted by right in all zones where multifamily and mixed uses are permitted, including non-residential zones permitting multifamily uses. Supportive housing projects are permitted where all the following requirements are met:

a.

Units within the development are subject to a recorded affordability restriction for 55 years.

b.

One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower

income Californians.

c.

At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.

d.

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

1.

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

2.

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

e.

The developer replaces any dwelling units on the site of the supportive housing development to ensure that any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

f.

Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(d)

Development and operational standards. Supportive housing projects shall comply with all the following standards:

(1)

The project shall comply with all development standards and any written objective standards or policies required of multifamily developments in the same zone.

(2)

The applicant shall submit a plan for providing supportive services, to include all the following items:

a.

Documentation that supportive services will be provided on-site.

b.

The name of the proposed entities that will provide supportive services.

c.

The proposed funding sources for the services provided.

d.

Proposed staffing levels

(3)

No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.

(e)

Definitions. This section includes the definition of terms and phrases used in this section that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of the Municipal Code, these definitions shall supersede for the purposes of this section. If a word is not defined in this section or is defined and conflicts with another definition of the Municipal Code, the director shall determine the most appropriate definition.

(1)

Lower income households shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code.

(2)

Supportive housing shall mean housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(3)

Supportive services shall include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

(4)

Target population shall mean persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.

(Ord. No. 2024-04, § 4, 12-10-2024)

(a)

Purpose. The purpose of this section is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660. This section shall be repealed as of January 1, 2027.

(b)

Applicability. The provisions of this section shall apply to all low-barrier navigation center projects.

(c)

Planning approval required. An application to establish a low-barrier navigation shall be submitted to the Director of Community Development for review and approval. The decision to approve or deny an application shall be ministerial in nature, without any discretionary review or a hearing. The City shall notify a developer whether the developer's application is complete within 30 days, pursuant to California Government Code Section 65943. A decision by the Community Development Director shall be taken within 60 days of a complete application being filed.

(d)

Development and operational standards. A low-barrier navigation center development shall be deemed a use that is permitted by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

(1)

Connected services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(2)

Coordinated entry system. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(3)

Code compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

(4)

Homeless management information system. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(e)

Definitions. This section includes the definition of terms and phrases used in this section that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of the Municipal Code, these definitions shall supersede for the purposes of this section. If a word is not defined in this section or is defined and conflicts with another definition of the Municipal Code, the Director shall determine the most appropriate definition.

(1)

Low-barrier navigation centers shall mean a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

a.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

b.

Pets.

c.

The storage of possessions.

d.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

(2)

Use by right has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low-barrier navigation center constructed or allowed by this section.

(Ord. No. 2024-04, § 4, 12-10-2024)

Secs. 44-308—44-334. - Reserved. DIVISION 3. - LANDSCAPING

(a)

Applicability. This section provides landscaping requirements for residential uses that shall apply to:

(1)

All proposed new residential developments.

(2)

All existing residential developments.

(3)

All existing landscape and irrigation systems.

(b)

General provisions.

(1)

All residentially zoned properties and nonresidential zoned properties developed with residential uses shall provide landscaping as required under this section.

(2)

Landscape design may emphasize water conservation through minimal irrigation and the use of plant materials that are drought tolerant and well adapted to the local climate and soil conditions.

(3)

New development. All new development shall require approval of a landscape and irrigation plan pursuant to Section 44-77.

(4)

Should any provision of this chapter conflict with other any other provisions of this Code or any adopted specific plan, the Community Development Director shall clarify the spirit and intent of the Code.

(5)

All landscaping shall be maintained in an attractive and healthy condition. Attractive and healthy condition shall include the proper pruning, mowing of live turf areas, weeding, litter removal, replacement of all dead and deceased plants, and the regular application of appropriate quantities of water to all landscaped areas.

Indoor/outdoor plastic or nylon carpeting and similar materials that do not resemble thriving, live, green grass shall not be permitted as a substitute for artificial turf and/or live turf.

(6)

Irrigation systems shall be maintained in a proper operating condition. Water line breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately.

(7)

Restrictions for traffic safety. In compliance with Section 44-276, landscaping in the traffic safety triangle shall not exceed a height of three feet.

(c)

Artificial turf standards.

(1)

Artificial turf shall have polyethylene monofilament fiber with a minimum grass zone pile height of one and one-half inches.

(2)

A minimum face weight of 42 ounces per square yard of unfilled artificial turf.

(3)

Nylon, polypropylene, and similar fibers can be permitted in the thatch zone provided that the thatch zone is a minimum one-quarter inches lower than the grass zone pile height.

(4)

Artificial turf installations requiring infill materials shall use infill of the silica sand variety. Rubber infill made from old tires is not acceptable for use as infill for artificial turf.

(5)

All electric, water, gas, and irrigation lines and conduits shall be run outside the perimeter of an artificial turf installation with the exception of those that provide direct service to the residence.

(6)

An appropriate solid barrier device (i.e., concrete mow strip) is required to separate artificial turf from soil and live vegetation.

(7)

Artificial turf shall be lead free.

(8)

Artificial turf shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

(9)

Artificial turf shall be designed to allow water to percolate through the synthetic grass at a minimum drain rate of 30 inches per hour to an adequate drainage system installed underneath the artificial turf to prevent run-off, pooling, and flooding.

(10)

All artificial turf shall have a warranty that protects against color fading and a decrease in pile height. A minimum four-year manufacturer's warranty is required for a "do it yourself" homeowner's installation, and a minimum eight-year manufacturer's warranty is required for an installation certified by the manufacturer.

(11)

Installation shall be done at minimum to the manufacturer's specifications, and include the following: removal of all sod or existing groundcover, a synthetic porous filter fabric shall be installed, compacted and porous decomposed crushed granite and/or road base material (minimum three inches), all edges and seams of the artificial turf are to be anchored with nails and glue, all seams shall be nailed and glued, not sewn, and artificial turf shall be visually level with the grain pointing in a single direction.

(d)

Maintenance.

(1)

All landscaping, including parkway landscaping, plant materials, and live turf areas shall be maintained by the property owner, in a healthy, neat, and orderly condition that is free of weeds, trash, and debris.

(2)

Artificial turf shall be maintained by the property owner in an effective manner which includes cleaning, brushing, debris removal; repairing of depressions and ruts to maintain a level visual surface; elimination of any odors, flat or matted areas, weeds, evasive roots, looseness at edges, seams; and the replacement of the artificial turf when maintenance or repair is unable to simulate a natural thriving, green, grass appearance.

(3)

Dead or diseased plants and/or any damaged or worn-out artificial turf areas shall be removed and appropriately replaced by the property owner. Repaired artificial turf areas shall be done so with like for like materials from the same manufacturer and done so in a manner that results in a repair that blends in with the existing artificial turf.

(e)

Single-family development landscaping.

(1)

Landscaped yards. Landscaping shall illustrate a concern for aesthetic elements such as balance, scale, texture, form, water conservation, and unity. Yards visible from the public right-of-way, excluding driveways, shall be landscaped. Seventy percent of the yard area visible from the public right-of-way, excluding the driveway, shall be landscaped with plant materials, and/or live turf or artificial turf.

(2)

Period for landscape installation. Minimal landscaping shall be installed prior to initial occupancy of a residential dwelling. Full landscaping shall be installed within six months of initial occupancy.

(3)

Landscaping should encourage the use of drought-tolerant plant materials, drip irrigation systems, and minimal use of turf and artificial turf, where feasible. Landscape design should encourage the implementation of landscape maintenance practices that foster long-term water conservation.

(4)

A permit shall be required for the installation of artificial turf in the single family residential (R-1) zoning district.

(f)

Multiple-family development landscaping. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans for multiple-family developments:

(1)

Landscaping shall be required in all setback areas except for driveways and walkways;

(2)

Landscaping adjacent to the driveways and parking areas shall be protected from vehicle damage through the provision of a minimum of six-inch-high concrete curbs or other types of barriers as approved by the Community Development Director;

(3)

Landscaping planter areas shall have a minimum inside width of three feet where trees and/or shrubs are provided and six feet where turf is provided;

(4)

All landscaped areas shall incorporate an irrigation system and comply with the commercial irrigation standards in Section 44-336(f);

(5)

Plant materials shall be selected and installed to comply with the provisions for plant materials in the commercial landscaping requirements in Section 44-336(e);

(6)

Common open area. At least 200 square feet of recreational open space shall be required for each dwelling unit.

a.

Recreational open space shall be lawn, garden, or other natural landscaping, and may include paved surfaces for walking/jogging, swimming pools, BBQ grills, play areas, and places to sit down.

b.

Common open area shall not include setback areas or walkways providing access to buildings and/or other parts of the site.

(7)

Private open area. At least 200 square feet on ground level shall be provided for each first floor unit. Second floor units may be exempt from providing private open area.

a.

Private usable open space shall be provided for each dwelling unit immediately adjacent to, accessible to, and private to the unit it is designated to serve. Private open area shall not be permitted to be located in setback areas, driveway or parking areas and shall be distinguished from adjacent areas by a retaining wall, fence, or landscaping.

b.

The space shall not be less than ten feet in any horizontal distance.

(8)

Three percent landscape in parking areas and three percent in non-parking areas. A minimum landscaping area of three percent in the parking areas and three percent in the non-parking areas of all remaining areas of the site where no building will be located shall be provided.

a.

The method of calculating the three percent parking and three percent non-parking landscaping shall not include setback areas, private open areas, or the common open area.

b.

The three percent non-parking landscaping requirement shall be distributed evenly throughout the project site and located immediately adjacent to each building on the site and is not permitted to be located in the setback areas, private open space areas, or the common open area.

(9)

A permit shall be required for the installation of artificial turf in the multiple-family residential (R-3) zoning district.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-01, § 13, 5-3-2022)

(a)

Applicability. This section provides landscaping and irrigation requirements for new construction on vacant property and for new construction increasing an existing development by 50 percent or more.

(b)

Required landscaping. Landscaping shall be provided for all setback areas adjacent to public rights-of-way, plus a minimum of three percent in the parking areas and three percent in the non-parking areas of all remaining areas of the site where no building will be located.

(c)

Exceptions. The approval authority may approve exceptions to the above requirements for plans that demonstrate exceptional creativity.

(d)

General design standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans:

(1)

Landscaping shall be planned as an integral part of the overall project design considering the benefits of cooling, reduced evaporation, special continuity, and aesthetics. Landscaping shall not simply be located in excess space left over after parking areas and structures have been planned.

(2)

Pedestrian access, solar access, and shading of window areas shall be considered in the design of landscaped areas.

(3)

Landscaping adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of minimum six-inch high concrete curbs or other types of barriers as approved by Community Development Director.

(4)

Landscaped planter areas shall have a minimum inside width of three feet where trees and/or shrubs are provided and six feet where turf is provided.

(5)

Landscaping within traffic safety triangles on corner lots shall be provided in compliance with Section 44276.

(6)

Re-circulating water shall be used for all decorative water features.

(e)

Plant materials. Plant materials shall be selected and installed to comply with the following requirements:

(1)

A mix of plant materials and sizes shall be planted. Plant type variety is required to be attractive and to reduce the chance of landscape failure due to disease infestation. In addition, it is recommended that plant container sizes vary in order to further provide visual interest during initial project planting.

(2)

Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with utilities and traffic safety sight areas.

(3)

Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners.

(4)

Trees planted near public sidewalks or curbs shall be planted and maintained in a manner that prevents physical damage to sidewalks, curbs, gutters, and other public improvements.

(5)

Ground cover shall be of live plant material, although limited quantities (ten percent maximum) of gravel, bark, or similar materials may be used in combination with a living ground cover.

(6)

The landscape design plan shall provide for water-efficient landscaping.

(7)

Turf areas shall not exceed 50 percent of the landscaped area with the following exceptions:

a.

Public parks.

b.

Child day care facilities.

(8)

A two-inch layer of bark mulch shall be installed in areas where lawn or other ground cover material is not provided.

(9)

A permit shall be required for the installation of artificial turf in any non-residential zoning district.

(f)

Irrigation design standards.

(1)

Water efficiency. The irrigation design plan shall provide for a permanent water-efficient irrigation system (i.e., drip systems, bubblers, or soakers).

(2)

Runoff and overspray. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed to avoid runoff, low head drainage, overspray, and other similar conditions. Appropriate irrigation equipment and schedules shall be used to closely match application rates to rates of infiltration. Special attention shall be given to avoid runoff on slopes and overspray in narrow planting areas and median strips.

(3)

Equipment.

a.

Controllers. Automatic controllers are required for all irrigation systems and shall be able to accommodate all aspects of the design.

b.

Sprinkler heads. Heads and emitters shall have consistently matched precipitation rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, adjustment capability, operating pressure, and ease of maintenance.

c.

Rain-sensing override devices. Rain-sensing override devices are encouraged on all irrigation systems.

(g)

Maintenance. Landscaping shall be maintained in an orderly and healthy condition. This shall include proper pruning, mowing of turf, weeding, removal of litter, fertilizing, replacement of plants when necessary, and application of appropriate quantities of water to all landscaped areas. Practices may include performing routine irrigation system repair and adjustments, scheduling irrigation based on CIMIS (California Irrigation Management Information System), using moisture-sensing or rain shut-off devices, conducting water audits, and prescribing the amount of water to be applied per landscaped area.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-01, § 14, 5-3-2022)

Secs. 44-337—44-360. - Reserved. DIVISION 4. - PARKING AND LOADING

Sec. 44-361. - General parking standards.

(a)

Spaces accessible and usable. Off-street parking spaces, whether in a garage, carport, or open area, shall be located so as to be accessible and usable for the parking of motor vehicles at all times.

(b)

Parking purposes only. Required parking shall be maintained exclusively for parking purposes and shall not be used for storage or other purposes. Outdoor storage of any kind is prohibited on driveways, drive aisles, and parking lots (e.g. containers, repair work, dismantling, or servicing of any motor vehicle, inoperable vehicles, commercial trucks, trailers, airplane, boat, construction equipment, loose rubbish, garbage, junk, or their receptacles, or building materials).

(c)

Provided on same lot. Parking spaces shall be located on the same lot as the use they are intended to serve unless a reciprocal parking agreement is approved by the City Council. Said reciprocal parking agreement shall be recorded on the title of all properties subject to the agreement in the County ClerkRecorder's office, a copy of which agreement shall be given to the City.

(d)

Multiple uses on a lot. Where there is more than one type of use on a lot, the parking requirements shall be the sum total of the requirements for the individual uses. A reduction in this parking requirement may be supported by a site-specific parking study and a parking management plan subject to review and approval of a minor conditional use permit.

(e)

Alternatives to parking and loading standards. The City recognizes that many uses and sites are unique and that certain components of parking and loading may be tailored to better comply with these standards based on factors such as irregular site shape and unique types or combinations of uses. As such, the City may consider shared parking, joint use of parking, and modifications to certain provisions of the parking

and loading standards to achieve safe and adequate parking and loading facilities, subject to review and approval of a minor conditional use permit.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 17, 5-3-2016; Ord. No. 2022-01, § 15, 5-3-2022; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-362. - Nonresidential parking standards.

(a)

Dimensions. Parking spaces may include a two-foot overhang into landscape areas provided that concrete barriers (wheel stops) are provided and the landscaping is appropriately designed to accommodate the overhang.

(b)

Clearly marked. Parking spaces shall be clearly marked, maintained in an easily discernible manner, and conform to the adopted striping requirements of the City.

(c)

Surface and parking area. The thickness of paving and base material shall be established by a recognized soils engineer. However, the minimum thickness shall be two inches asphaltic concrete or three and onehalf inches Portland cement concrete.

(d)

Border barricades. Every parking area that is not separated by a wall from a street or alley shall be provided with a concrete barrier not less than six inches in height. No portion of the barrier shall be closer to the back of the sidewalk or the required yard line than two feet. Barriers shall be securely installed and maintained.

(e)

Lighting. Lighting shall be provided to illuminate parking areas for safety and security. Illumination levels shall comply with Section 44-278. Lighting shall be arranged to reflect light away from adjoining or nearby residential properties.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-363. - Residential parking standards.

(a)

Garage dimensions. When an enclosed garage is required, the minimum interior dimension for each parking space shall be ten feet wide by 20 feet deep.

(b)

Doorway width. Parking spaces within a garage or carport shall have a doorway not less than eight feet in width.

(c)

Required driveway. Parking spaces within a garage or carport shall be provided with an unobstructed driveway area of at least 20 feet in length paved with Portland cement concrete. The driveway shall have a vertical clearance of not less than eight feet.

(d)

Driveway width. The entire length of a driveway shall extend the full width of the garage or carport entry. The entire driveway in a residential district shall be paved with Portland cement concrete or other comparable nonasphaltic material as approved by the City Engineer. The width of a driveway shall not be in excess of that specified by a precise plan or by a conditional use permit except that the Community Development Director may issue a permit for a paved ancillary parking area.

==> picture [361 x 140] intentionally omitted <==

(e)

Paved ancillary parking area.

(1)

Paved ancillary parking areas must be designed and constructed to the specifications required by this Code for driveways. All material utilized for the paved ancillary parking area shall be consistent with the driveway material.

(2)

Paved ancillary parking areas shall not exceed ten feet in width and may extend from the front of the garage to the back of the right-of-way providing access to the driveway.

(3)

Paved ancillary parking areas shall be located on the side of the original driveway that is closest to an adjacent property line. Where it is not obvious which side of the driveway is the closest to an adjacent property line, the Community Development Director shall make the determination.

(4)

The proposed widening shall not be detrimental to the adjacent property by creating conditions that would result in an appreciable diminution of adjoining property values or a potential traffic hazard.

(5)

Modifications to the public right-of-way are not permitted unless an encroachment permit is obtained from the Community Services Department.

(6)

Paved ancillary parking areas shall have the same parking and storage standards as driveways.

(f)

Drive aisles. If the driveway does not connect directly to a street or alley, a drive aisle paved with Portland cement concrete shall be provided. For drive aisles not exceeding 100 feet in length, the width shall be not less than ten feet. For drive aisles over 100 feet in length, the width shall be at least 15 feet.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2018-03, § 7, 5-15-2018; Ord. No. 2022-01, § 16, 5-3-2022)

Sec. 44-364. - Parking calculations.

Parking calculations for all zoning districts shall be determined by use, as identified in the following table.

TABLE III-7. PARKING REQUIREMENTS BY LAND USE

1 ADUs that are created through the conversion of a garage, carport or covered parking structure are not required to provide replacement off-street parking spaces.

2 Off-street parking shall be permitted in setback areas in locations determined by the City or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2018-03, § 7, 5-15-2018; Ord. No. 2020-03, § 7, 6-2-2020; Ord. No. 2022-01, § 17, 5-3-2022; Ord. No. 2023-03, § 6, 3-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-365. - Minimum dimensions for angled parking layouts.

The following table depicts the minimum parking space dimensions for all parking areas:

TABLE III-8. MINIMUM DIMENSIONS FOR ANGLED PARKING LAYOUTS

For parallel parking, the dimensions of the parking stall shall be not less than ten feet in width and 23 feet in depth.

Where two-way traffic is desired, the aisle width shall be a minimum of 25 feet.

The location of bumpers or wheel stops shall depend on the angle of parking, ranging from at least two feet from the property line for 90-degree parking to one foot from the property line for 30-degree parking.

==> picture [360 x 318] intentionally omitted <==

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-366. - Loading.

(a)

Every hospital, institution, hotel, commercial, or industrial building shall have and maintain off-street loading spaces in addition to required off-street parking requirements as follows:

TABLE III-9. LOADING REQUIREMENTS BY LAND USE AND BUILDING SIZE

Type A loading spaces shall be not less than 20 feet in length and 12 feet in width, with 14 feet of vertical clearance.

Type B loading spaces shall be not less than 40 feet in length and 12 feet in width, with 14 feet of vertical clearance.

Total Gross Floor Area (Square Feet) Loading Spaces Required Commercial Buildings 3,000 to 15,000 One Type A

(b)

Loading areas shall be clearly marked with striping and lettering to indicate that such areas are for loading purposes only. Parking and circulation areas shall not be used for loading purposes.

(c)

Loading areas may be used for truck parking when the associated facility is closed.

(d)

Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects shall not occur in commercial or industrial areas abutting residential zoning districts between the hours of 7:00 p.m. and 7:00 a.m.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2021-01, § 6, 8-3-2021)

Sec. 44-367. - Electric vehicle charging stations.

Sections 44-367 through 44-373 of this Code is and may be cited as the "City of La Palma's Electric Vehicle Charging Station Permitting Process." The electric vehicle charging station permitting process is

enacted pursuant to Government Code §§ 65850.7 and 65850.71 as established by Assembly Bill 1236(2015) and Assembly Bill 970(2021).

(Ord. No. 2023-02, § 7, 2-7-2023)

The purpose of this section is to promote and encourage the use of the electric vehicles in accordance with Government Code §§ 65850.7 and 65850.71 by providing an expedited, streamlined permitting process for electric vehicle charging stations for residential and non-residential uses. The intent is to remove unreasonable regulatory barriers and minimize permit processing costs to achieve timely and cost-effective installations and to help achieve Governor's Executive Order N-79-20. This section helps the City to achieve those goals, prevents adverse impacts in the installation and use of electric vehicle charging stations, and maintains the Building Official's authority to protect the public health and safety and to identify and address higher priority life-safety situations, where applicable.

(Ord. No. 2023-02, § 7, 2-7-2023)

This electric vehicle charging station permitting process applies to the administrative permitting of all electric vehicle charging stations in the City. No discretionary permit is required by the City for an electric vehicle charging station. An association approval is not required for the administrative permitting of an electric vehicle charging station.

Electric vehicle charging stations legally established or permitted prior to the Building Official's implementation of an expedited permitting process are not subject to the requirements of this electric vehicle charging station permitting process unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements may not require a building permit but a job site visit may be required at the discretion of the Building Official.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-370. - General requirements.

(a)

All electric vehicle charging stations shall meet applicable health and safety standards and requirements of local, State, and federal law, including the disabled access codes.

(b)

Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(c)

Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of article 625 and all applicable provisions of the California Electrical Code.

(d)

Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

(e)

Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

(f)

An electric vehicle charging station (EVCS) shall be subject to all applicable City Municipal Code requirements in addition to the following:

(1)

The EVCS shall be protected as necessary to prevent damage by automobiles which may include the installation of bollards, if necessary.

(2)

The EVCS shall be designed to:

a.

Be safe for use during inclement weather.

b.

Be tamper-resistant to prevent injury particularly to children.

c.

Be resistant to potential damage by vandalism.

d.

Be equipped with a mechanism to prevent the theft of electricity by an unauthorized user.

(3)

The electric vehicle charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each electric vehicle charging station.

(4)

One standard nonilluminated sign, not to exceed six square feet in area and ten feet in height, may be posted for the purpose of identifying the location of each cluster of electric vehicle charging stations.

(5)

Charging station shall not be placed within any portion of the required parking space area and reduce the minimum required off-street parking spot size.

(6)

Charging station outlets and connector devices shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface in a neat and organized manner.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-371. - Application standards.

(a)

The City Building Official or his/her designee shall implement an expedited permitting process, that will allow the Building Official to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar non-discretionary permit.

(b)

The Building Official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The checklist and all required permitting documentation shall be published on the City Building and Safety Division's internet website.

(c)

In developing the expedited permitting process and checklist, the Building Official may refer to the recommendations contained in the most recent version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the State of California's Office of Planning and Research. The Building Official may modify the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions.

(d)

Electronic submittal of the required permit application and supporting documents shall be made available for all electric vehicle charging station permit applications. The method of electronic submittal shall be at the City's discretion.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-372. - Expedited permitting process.

(a)

The applicant may submit the permit application and supporting documents to the City's Building and Safety Division by electronic submittal. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature. If at the time of a permit application, the City's supporting technology does not facilitate electronic signatures, the City, at its discretion, may authorize the acceptance of either electronic signature or wet signature.

(b)

Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

(c)

A permit application that satisfies the information requirements in the City's checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code §§ 65850.7 and 65850.71 approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(d)

Upon confirmation by the building official that the application is complete and meets the requirements of the checklist, and is consistent with this division, the City Building Official shall administratively approve the application and issue all required permits or authorizations within the following timeframes:

(1)

EVCS Projects with one to 25 stations: a maximum of five business days to deem an application complete or incomplete, once application is complete, and a maximum of 20 business days to issue an approval to build.

(2)

EVCS Projects with 26 or more stations: a maximum of ten business days to deem an application in/complete, and a maximum of 40 business days to issue an approval to build.

(3)

The City Building Official may establish a process to prioritize competing applications for expedited permits.

(e)

If the City Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit.

(f)

The City may withhold issuance of the administrative building permit for electric vehicle charging station if there is a violation on record for any structure associated with the electric vehicle charging station application under Building Official review.

(g)

The City shall not condition approval for any electric vehicle charging station administrative building permit on the approval of an electric vehicle charging station by an association, as that term is defined in Civil Code § 4080.

(h)

The City shall not deny an application for a conditional use permit to install an electric vehicle charging station unless it makes written findings of denial based upon substantial evidence in the record that the proposed electric vehicle charging station installation would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

(i)

Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific adverse impact upon the public health or safety at the lowest cost possible.

(j)

This expedited permitting process is intended to apply only to applications for permits for electric vehicle charging stations, and will not expedite the review of any other permit applications.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-373. - Technical review.

(a)

It is the intent of the City's electric vehicle charging station permitting process to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Code, the City may require the applicant to apply for a conditional use permit.

(b)

In the technical review of a charging station, consistent with Government Code §§ 65850.7 and 65850.71, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code § 4080.

(c)

If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall administratively reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

(Ord. No. 2023-02, § 7, 2-7-2023)

Secs. 44-374—44-390. - Reserved. DIVISION 5. - SIGNS AND SIGNBOARDS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2021-03, § 4, adopted December 7, 2021, repealed div. 5, §§ 44-391—44-402, and enacted a new div. 5 as set out herein and later amended. Former div. 5 pertained to similar subject matter and derived from Ord. No. 2015-01, adopted May 5, 2015.

State Law reference— Authority of City Council to regulate outdoor advertising, Government Code § 38774.

Sec. 44-391. - Purpose.

This division is intended to guarantee the rights of persons to use their properties for private gain under reasonable limits, while also protecting the public interest as it relates to signs. Installation or continued use of signs that unduly distract the attention of motorists from driving, create traffic hazards, constitute a danger to vehicular or pedestrian traffic, or constitute an obstacle to effective fire and police protection are prohibited. Recognizing the rights of businesses and the importance of proper design, placement, and maintenance of signs to the appearance of the community, it is the intent of these sections to ensure that:

(1)

Sign design. Signs shall be designed, erected, and maintained in a manner that enhances the appearance of the community.

(2)

Sign maintenance. Signs erected within the City shall be properly maintained and kept in an attractive and clean condition.

(3)

Sign removal. Failure to properly maintain a sign shall be reason for the City to revoke the permit and cause the sign to be removed. Cost of such removal shall be charged against the owner of the property upon which the sign is located (see section 44-638).

(4)

Sign materials. Signs must be made of a durable material. With the exception of political signs, cardboard or paper signs shall not be allowed.

(Ord. No. 2021-03, § 4, 12-7-2021)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Billboard shall mean an advertising sign structure which advertises goods, products, services or facilities that are not, or only incidentally, sold, produced, manufactured or furnished on the premises on which the sign structure is located (also known as outdoor advertising, off-premises sign or off-site sign).

Digital display billboard means a billboard with an electronic "message center" advertising display that is located at the top of a monopole structure where the message is changed more than once every two minutes, but no more than once every six seconds.

Official sign means a sign installed by governmental jurisdiction when acting in its governmental capacity.

Pole sign means a sign located at the top of a monopole structure or pylon that promotes or advertises a business, goods, products, services and/or facilities sold, produced, manufactured or furnished on the premises on which the sign structure is located. Pole signs may not use a digital display.

Sign means any medium of visual communication, including copy, structure, component parts, and humans which is used or intended to be used to attract attention to and identify an establishment, product, service, activity, location, or to provide information.

Signboard means a pole sign or digital display billboard oriented toward motorists on SR 91 freeway within the FO district.

Temporary sign means a sign not permanently attached to the ground, a wall or a building, and not designed or intended for permanent display.

Traffic safety triangle means a triangular shaped area on a corner parcel as defined in section 44-276.

Window sign means a sign posted, painted, placed, or affixed in, on, or within five feet of the interior window face of a window exposed to public view. Merchandise used in a window display is not considered a window sign.

(Ord. No. 2021-03, § 4, 12-7-2021)

Sec. 44-393. - Sign permits.

(a)

Required. A sign permit is required for all signs.

(b)

Application. An application for a sign permit shall be made to the Community Development Department upon a form provided by the Community Development Department in conformance with section 44-876.

(Ord. No. 2021-03, § 4, 12-7-2021)

Sec. 44-394. - Temporary sign permit.

(a)

Required. Unless specifically exempted, a permit shall be obtained from the Community Development Department for temporary signs, subject to the limitations provided in this section.

(b)

Approval authority. The Community Development Department shall examine and approve each temporary sign for which a permit is required as to materials, method of construction, attachment, and location, before it may be placed or erected within the City.

(c)

Temporary sign on non-residential property. Temporary signs on non-residential property, such as commercial or industrial property, require a permit from the Community Development Department and must comply with the following standards:

(1)

Duration. Temporary signs (including banners and flags) may be displayed for a total of 63 days within a calendar year. If the sign relates to an event, it must be taken down no later than ten days after the event.

(2)

Size. Temporary sign size shall not be greater than the size permitted for permanent building-mounted signage contained in table III-10.

(3)

Location. The location of temporary signs shall be the same general area as permitted for permanent signs. Temporary signs over three feet high shall not be located within the traffic safety triangle.

(4)

Exempt. Temporary signs of six square feet or less are exempt from the requirement to obtain a permit, but must not be located within the traffic safety triangle and the maximum height shall not be more than three feet above grade. A maximum of three such temporary signs are permitted at any given time on any nonresidential property.

(d)

Temporary sign on residential property. Temporary signs on residential property do not require a permit, but must comply with the following standards:

(1)

Duration. Temporary signs (including banners and flags) may be displayed for a total of 63 days within a calendar year. If the sign relates to an event, it must be taken down no later than ten days after the event.

(2)

Size. Temporary sign size shall not be greater than ten square feet and the maximum height shall not be more than three feet above grade.

(e)

Temporary sign on public right-of-way. Temporary signs on the public right-of-way do not require a permit, but must comply with the following standards:

(1)

Duration. Temporary signs (including banners and flags) may be displayed for a total of 63 days within a calendar year. If the sign relates to an event, it must be taken down no later than ten days after the event. Temporary signs are not permitted between September 1 and November 10 in years when an election is held.

(2)

Size. Temporary sign size shall not be greater than six square feet and the maximum height shall not be more than three feet above grade.

(3)

Location. Placement shall be prohibited on all median strips, center dividers, roadway islands or safety zones. Placement cannot reduce in size, or interfere with, the required disabled access path of travel or impede pedestrian, bicycle, or vehicular travel; and, the sign shall not be affixed to traffic control devices, government signs, light standards, utility poles, bus shelters, or other structures, posts, fences, shrubs or trees.

(Ord. No. 2021-03, § 4, 12-7-2021; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-395. - Master sign plan.

(a)

Purpose. The purpose of a master sign plan is to integrate a project's signs with the structure's design into a unified architectural statement of high quality. It is expected that the design quality of signs proposed under a master sign plan will be of a superior quality and creativity as those that might result through the normal sign permit process.

(b)

Applicability. The approval of a master sign plan in accordance with article V, division 7 shall be required whenever any of the following circumstances exist:

(1)

Whenever three or more separate nonresidential tenant spaces are created on the same parcel.

(2)

Whenever three or more signs are proposed for a single use.

(3)

Whenever a pole sign is proposed on a parcel in the freeway overlay district.

(4)

Whenever the Community Development Department or the Development and Circulation Committee determines that a master sign plan is needed because of special project characteristics (e.g. the size of proposed signs, limited site visibility, a business within a business, or the location of the site relative to major transportation routes).

(c)

Modification of regulations. A variance pursuant to article V, division 11 shall be obtained for any deviations from the regulations of this section.

(Ord. No. 2021-03, § 4, 12-7-2021)

Sec. 44-396. - Prohibited signs.

The following signs are inconsistent with the purposes and standards of this division and are prohibited in all zoning districts:

(1)

Signs erected or maintained without the consent of the owner of the land upon which the sign is located.

(2)

Tract directional signs that advertise property developed outside of the City.

(3)

Signs placed, attached, or hung from any vehicle to advertise goods or services, except signs on common carriers or names, trademarks, and addresses permanently placed on business vehicles.

(4)

Abandoned signs that advertise goods or services that have not been available for a period of 60 days or more.

(5)

Permanent signs not made of durable materials or not appropriately constructed, such as the following:

a.

Signs made of cloth, paper, or plywood.

b.

Sandwich, A-frame, freestanding, or movable signs.

c.

Signs placed on the ground or propped against a vehicle or object in the public right-of-way or in a parking lot.

d.

Signs attached to light standards, trees, and similar items.

e.

Signs painted directly on a wall of a building or structure.

(6)

Projecting signs, roof signs, electronic signs, and animated signs. Electronic signs are conditionally permitted in the public/institutional zone only and digital display billboards and pole signs are permitted in the freeway overlay district as specified in this division.

(7)

Subdivision or tract directional signs within 500 feet of the following: Valley View Street, Walker Street, Moody Street, Orangethorpe Avenue, La Palma Avenue, Crescent Avenue, or the SR 91 freeway.

(8)

Signs that may obstruct fire escapes or stairways or interfere in any way with public or private safety enforcement.

(9)

Signs related to outdoor merchandising or display unless explicitly approved by an outdoor display and incidental seating permit.

(10)

Signs may not be placed in City parks, City Hall property, or other City property (with the exception of temporary signs in the public right-of-way (PROW) and any City of La Palma signs).

(11)

Signs that are attached to, placed on, draped over, or otherwise affixed to a block wall and facing the PROW. For purposes of this paragraph, a block wall shall mean a free-standing masonry wall constructed of cinder or concrete blocks along the perimeter of a property.

(Ord. No. 2021-03, § 4, 12-7-2021; Ord. No. 2023-05, § 4, 12-12-2023)

Sec. 44-397. - Sign standards.

The sign standards provided in table III-10 are intended to apply to signs in all zoning districts, unless otherwise approved pursuant to a master sign plan in accordance with section 44-39. Only signs authorized by this section shall be allowed unless otherwise expressly provided in this chapter or by an approved master sign plan. Refer to the regulations for specific types of signs (e.g. monument and wall) that follow table III-10.

TABLE III-10: SIGN STANDARDS

;ol1; (1)\Monument signs.

a.

Monument signs are allowed only for frontages adjoining a public street and shall be located in compliance with the traffic safety triangle requirements of section 44-276.

==> picture [240 x 183] intentionally omitted <==

b.

There shall be a minimum ten feet between a monument sign and any other structure that exceeds ten feet in height.

c.

Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 square feet of sign area equals 80 square feet of landscaped area.

d.

Signs shall contain an address plate identifying the project or use by specific street address or range of addresses. Numbers shall be a minimum of six inches in height and shall be clearly visible from the adjacent street. Address plates shall not be calculated against the allowed sign area.

e.

The height of monument signs shall be measured from the nearest sidewalk grade.

f.

Electronic monument signs in the public/institutional zoning district shall also comply with the following:

1.

Sign shall not contain content that creates a distraction or confusion to vehicular traffic, with such words as "stop," "go," "look," "danger," etc.

2.

Message content shall not blink, flash, or continuously scroll.

(2)

Wall signs.

a.

Signs shall be located only on a building frontage and shall not extend above an eave or parapet or above or below a fascia on which they are located, unless approved by a precise plan, conditional use permit or master sign plan.

b.

Can or cabinet signs are not allowed. Signs shall use channel letters or have the appearance of channel letters.

c.

Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Community Development Department may waive this requirement in special circumstances when an especially creative and unique sign design is proposed.

(3)

Directional signs.

a.

On-site directional signs are intended to aid vehicle and pedestrian traffic to maneuver safely onto and within the site. Copy shall relate only to the provision of directions for motorists and pedestrians.

b.

Directional signs shall not exceed two square feet in area and three feet in height.

(4)

Flags.

a.

A building permit must be obtained prior to erecting a freestanding flagpole.

b.

Flags shall be displayed only on flagpoles or staffs designed and constructed specifically and exclusively for flag display. No flag shall be displayed or attached in any manner to light poles, sign poles, trees, or similar structures or objects.

c.

The vertical length of a permitted flag on a flagpole shall not exceed 30 percent of the length of the pole upon which the flag is hung. For single-family residential use, the gross surface area of a flag shall not exceed 24 square feet.

d.

No portion of a flag shall project over any property line or contact any other structure when fully extended. For the purposes of this section, a structure shall include trees, shrubs, and landscaping.

e.

Flags shall not be mounted on roofs. Wall-mounted flags shall be displayed from flag poles not to exceed ten feet in length, and such poles shall not extend above the roof line. In a single-family residential zone, building-mounted flagpoles shall not exceed five feet in length.

f.

Official flags should be displayed in accordance with the Flag Code, 36 U.S.C. Ch. 10, as amended by P.L. 344, 94th Congress, approved July 7, 1976, or as amended from time to time.

g.

Flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced.

(Ord. No. 2021-03, § 4, 12-7-2021; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-398. - Signboards, purpose.

These regulations in this division concerning signboards are established to permit larger on-site and off-site signage on properties within the freeway overlay district (FO) in a manner that furthers the following:

(1)

Promotion of the economic advantage of the SR 91 freeway within the city while ensuring an attractive business climate for businesses and agencies along the SR 91 freeway corridor;

(2)

Protection of La Palma rights-of-way street views by strategically limiting pole and billboard signs to the parcels within the FO district;

(3)

Limitation of visual clutter by providing regulations as to the number, size and location of signboards;

(4)

Provision of clear development standards pursuant to which allowable signboards may be designed and installed within the FO district;

(5)

Support of revenue generating commercial uses and activities that add economic benefit to the City and its residents without causing the City to incur municipal expenses that exceed the tax revenue attributable to

those uses;

(6)

Promotion of the public's health, safety and welfare.

(Ord. No. 2021-03, § 4, 12-7-2021)

Sec. 44-399. - Signboards; general provisions.

The regulations applicable to the land use designations underlying the FO district shall apply to property within the FO district with the exception of the subject matters regulated in sections 44-399 through 44402, which shall be known as the La Palma Signboard Code. Signboards in the FO district shall comply with all applicable provisions of the Federal Highway Beautification Act of 1965, the California Outdoor Advertising Act, the California Vehicle Code, all other applicable laws and regulations, and all of the following:

(1)

No signboard shall imitate or resemble any official traffic sign, signal, or device.

(2)

No signboard shall obstruct or interfere with an official sign, as that term is defined in this chapter.

(3)

No signboard shall be larger than 25 feet in height and 60 feet in width, excluding border, trip, and supports.

(4)

Signboards shall not include flashing, intermittent lights, moving lights, and shall not emit light that could obstruct or impair the vision of a driver.

(5)

Signboards shall not display any statements, words or depictions of an obscene, indecent, or immoral nature, as provided for in the California Business and Professions Code and the California Code of Regulations.

(Ord. No. 2021-03, § 4, 12-7-2021)

Sec. 44-400. - Application.

Applications for new signboard permits in the FO district shall be filed in compliance with article V, division 6 (sign permits), and shall contain the additional information listed below, based on the type of signboard being requested.

(1)

Applications for a pole sign shall include all of the following:

a.

Lot survey with topographic data that extends to the centerline of the abutting SR 91 right-of-way.

b.

View simulations of the area of the project site and surrounding area.

c.

A vicinity map showing where in the FO district the project is located. Map must show the project is located in compliance with all applicable California Department of Transportation (Caltrans) regulations, the California Outdoor Advertising Act and the federal Highway Beautification Act if project is located within 660 feet of the SR 91 right-of-way.

d.

A master sign plan package for all existing and proposed signage at the site.

e.

Elevation drawings of the site that include any building(s) and proposed structures, with the lowest and highest points identified for height measurement purposes.

f.

Title report for the parcel on which the pole sign is proposed to be erected.

g.

Any other information reasonably requested by the Community Development Department.

(2)

Applications for a digital billboard shall include all of the following:

a.

Lot survey with topographic data that extends to the centerline of the abutting SR 91 right-of-way.

b.

View simulations of the area of the project site and surrounding area.

c.

A vicinity map showing where in the FO district the project is located. Map must show the project is located in compliance with all applicable Caltrans regulations, the California Outdoor Advertising Act and the

federal Highway Beautification Act. Map must show the project is located within 660 feet of the SR 91 right-of-way.

d.

Elevation drawings of the site that include any building(s) and proposed structures, with the following identified:

1.

The lowest adjacent grade to the billboard support (datum point),

2.

The finished grade elevation of the SR 91 right-of-way perpendicular to the billboard support, and

3.

The elevation of the highest point of the billboard.

e.

Luminance documentation demonstrating compliance with Caltrans luminance standards.

f.

Title report for the parcel on which the billboard is proposed to be erected.

g.

Any other information reasonably requested by the Community Development Department.

(Ord. No. 2021-03, § 4, 12-7-2021)

Sec. 44-401. - Regulations for signboards in the FO district.

(a)

Pole signs.

(1)

Pole signs shall only be allowed on parcels in the FO district occupied by a commercial retail establishment.

(2)

The allowable sign area for the face of a pole sign shall be a maximum of 160 square foot for each sign face, with a total aggregate area not to exceed 320 square feet for each double-sided pole sign.

(3)

No more than one pole sign per parcel in the FO district.

(4)

Each pole sign shall utilize only one support post which shall be clad with an architectural finish.

(b)

Billboard signs. Only digital display billboards are permitted in the FO district, subject to approval of a conditional use permit and development agreement (or other similar type of agreement with the City), and subject to the following standards:

(1)

Quantity. The number of billboards located within the FO district shall not exceed a total of four, with a maximum of two faces per billboard.

(2)

Spacing. No digital display billboard may be located within 1,000 feet of another digital display billboard on the same side of the SR 91 right-of-way.

(3)

Height. The maximum height of each digital billboard shall be 55 feet above the adjacent pavement level of the SR 91 freeway to the bottom of the digital display.

(4)

Size. The maximum size of each digital billboard face display area shall be 25 feet in height and 60 feet in width, with the area of each face not to exceed an overall maximum of 1,500 square feet, including border and trim.

(5)

Location.

a.

Digital display billboards may be free-standing or located on the wall or roof of another structure.

b.

Digital display billboards shall not be erected on properties zoned as:

R-1—Single-family district residential;

R-3—Multiple family residential districts;

VO—Village residential overlay district; or

OS—Open-space/recreation district.

(6)

Design.

a.

Each digital display billboard shall utilize only one support post which shall be clad with an architectural finish.

b.

All digital display billboards shall either be double faced or include covered backs or facings.

(7)

Brightness. Digital display billboards must comply with all applicable laws and regulations concerning brightness and illumination, including, without limitation, California Vehicle Code § 21466.5.

(Ord. No. 2021-03, § 4, 12-7-2021)

(a)

The provisions of this division are not intended to nullify any easements, covenants or other existing agreements which are more restrictive than the provisions of this division.

(b)

Subject to the property owner's consent, a non-commercial message of any type may be substituted in whole or in part for the message displayed on any sign authorized pursuant to this division, without consideration of message content. This paragraph is intended to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This does not allow for the substitution of an off-premises commercial message in the place of an on-premises commercial message, or the substitution of a commercial message for a noncommercial message.

(c)

Whenever the application of this division is uncertain due to ambiguity of its provisions, the question shall be referred to the Community Development Department for a determination. This decision may be appealed to the City Council. The Community Development Department shall then authorize signs which best fulfill the intent of this ordinance.

(Ord. No. 2021-03, § 4, 12-7-2021)

Secs. 44-403—44-422. - Reserved.

DIVISION 6. - TRANSPORTATION DEMAND MANAGEMENT

Sec. 44-423. - Purpose.

The purpose of this division is to:

(1)

Meet the requirements of Orange County's Measure M Growth Management Program.

(2)

Mitigate the impacts that development projects may have on transit mobility and air quality and to promote transportation demand management strategies that encourage employers to more efficiently utilize the existing and planned transportation system.

(3)

Specify the responsibilities of public and private developers proposing nonresidential development within the City to consider transportation demand management strategies in conjunction with development application submittal and to incorporate design standards during project review that facilitate the reduction of single-occupant vehicle trips and support trip reduction activities of employers on the site.

(4)

Support the development of physical facilities that would promote and encourage the use of alternative and energy-conserving transportation modes.

(5)

Encourage the development of safe and secure transportation facilities at worksites.

(6)

Achieve related reductions in vehicle trips, traffic congestion, and air pollution through utilization of existing local mechanisms and procedures for project review and permit processing.

(7)

Promote coordinated implementation of transportation demand management strategies that may reduce transportation demand and achieve the most efficient use of local resources.

(Ord. No. 2015-01, § 3, 5-5-2015)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative transportation mode means any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling, or walking.

Applicable project means a development project that is determined to meet or exceed a 100-employee threshold.

Carpool means two to six persons traveling together in a single vehicle.

Development project means a nonresidential project being processed by the City that requires discretionary action.

Employee means a person employed by a firm, person, business, educational institution, non-profit agency or corporation, government agency, or other entity that collectively employs 100 or more persons at a single worksite. The term "employee" shall include persons employed on a full-time, part-time, or temporary basis.

Employer means a person, firm, business, educational institution, government agency, non-profit agency or corporation, or other entity that employs or houses tenants and that collectively employs 100 or more employees at a single worksite within the City on a full-time, and/or part-time or temporary basis, and may either be a property owner or tenant of an applicable development project.

Improvement plans means plans submitted to the City as part of an application for a building permit for a new or an enlarged or expanded existing nonresidential building or use, or change of use (as defined by the Uniform Building Code) of a nonresidential building.

Minimum building size means the total gross floor area measured in square feet of a building or group of buildings at a common work location (includes the total floor area of both new and existing facilities).

Mixed-use development means the development of a parcels or structures with two or more different land uses such as, a combination of residential, office, commercial retail, public, or entertainment in a single or physically integrated group of structures.

Property owner means the legal owner of the applicable development project who serves as lessor to an employer or tenant. The property owner shall be responsible for complying with the provisions of this division either directly or by delegating such responsibility as appropriate to an employer or tenant.

Tenant means the lessee of facility space at an applicable development project who may also serve as an employer.

Transportation demand management (TDM) means the implementation of programs, plans, or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on:

(1)

Alternative travel modes to the single occupant vehicle such as carpools, vanpools, and transit;

(2)

Reduction or elimination of the number of vehicle trips; or

(3)

Shifts in the time of vehicle commutes to other than the peak period.

Trip reduction means a reduction in the number of work-related trips taken during peak period hours in single occupant vehicles.

Vanpool means a van or similar vehicle occupied by seven or more persons traveling together.

Worksite means a building or group of buildings that is in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, owned or operated by the same employer (or by employers under common control), and includes the place of employment, base of operation, or predominate location of an employee.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-425. - Applicability to development projects; exemptions.

(a)

Applicability. The provisions of this division shall apply to all development projects as follows:

(1)

New commercial, office/professional, business park/industrial, mixed-use, institutional, or other nonresidential use or combination thereof, at a worksite that is expected to employ 100 or more persons, as determined by employee projections or by employee generation factors established by the City.

(2)

An existing or approved facility or development for which the property owner/tenant submits subsequent discretionary application to change the proposed use, project design, or development intensity, and which will employ 100 or more persons as determined as stated in subsection (a)(1).

(b)

Exemptions. Notwithstanding any other provisions of this chapter, the following uses and activities shall be specifically exempt from the provisions of this division:

(1)

Development projects expected to employ fewer than 100 persons.

(2)

Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors, and construction workers.

(3)

Other temporary activities, authorized by the City, when such temporary activities shall discontinue at the end of the designated time period.

(c)

Applicable development size. For purposes of determining whether an applicable development project, as set forth in this section, is subject to this division, either of the following options shall apply:

(1)

Employment projections developed by the project applicant, subject to approval by the Community Development Director.

(2)

The following minimum building sizes that shall be considered equivalent to the 100-employee threshold:

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-426. - TDM facility provisions.

(a)

Development projects subject to the provisions of this division shall, during project review and City action, incorporate consideration of TDM facility design opportunities, which shall be identified on project plans.

(b)

It is the intent of this section to provide a menu of mandatory and optional facility standards that can be incorporated into project design to encourage increased ridesharing and alternative transportation modes. In conjunction with project action by the project approval body, the approval body shall identify TDM facility standards that shall be applied to project design as conditions of approval, based upon review of the proposed use, project design characteristics, and other project considerations.

(c)

Nothing in this division shall prevent a project applicant from incorporating additional TDM facility strategies into the project proposal to encourage and facilitate TDM opportunities or related air quality requirements.

(1)

Carpool/vanpool parking.

a.

A percentage of parking spaces, located as close as is practical to the entrance of the use or at other preferential locations within the employee parking area, shall be reserved for use by carpool and vanpool vehicles, as determined by the approval body reviewing the development project.

b.

These spaces shall be reserved and designated for carpool/vanpool parking by marking such spaces "carpool only."

(2)

Bicycle parking. The site shall provide bicycle racks in a designated area for use by employees and tenants who commute to the site by bicycle. The bicycle parking area shall be established in a secure location and be in close proximity to employee entrances.

(3)

Transit waiting shelters. Transit waiting shelters, including bus pullouts, bus pads and right-of-way for bus shelters, may be required by the City in consultation with the Orange County Transportation Authority for development projects located along high traffic volume streets and established or proposed bus routes. The applicability of this provision shall be determined in conformance with standard traffic engineering principals including, the frequency and relative impact of blocked traffic due to stopped buses and the level of transit ridership at the location.

(4)

Pedestrian access.

a.

Sidewalks and other paved pathways shall be provided onsite to connect off site pedestrian circulation systems (planned or existing) to the building site.

b.

Sidewalk locations shall connect existing and planned transit waiting shelters with building entrances.

(5)

Bicycle access. Implementation of the City's master plan of bike trails shall be integrated with project review to provide continuity and transition of bike trail access from the development site to existing and planned on-street and off-street bike trails.

(6)

Joint access and shared parking. For multi-building developments designed as a "worksite" as defined in this division, provision of joint access and shared parking across multiple parcels shall be incorporated into project design to facilitate integration of TDM facility strategies.

(7)

Additional TDM mechanisms. It is the intent of this subsection to identify additional TDM mechanisms that the project applicant may elect to consider with project design, taking into consideration project use, size, and building site layout:

a.

A commuter information area, located within the central building, to provide employees with information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be of sufficient size to provide and display information on alternative transportation modes, such as current maps, routes, and schedules for public transit.

b.

Shower and locker facilities onsite for use by employees or tenants who commute to the site by bicycling or walking.

c.

Rideshare vehicle passenger loading and unloading areas to provide employees who vanpool or carpool a location to embark and disembark from rideshare vehicles to and from the building site. The design and location of such loading areas shall consider onsite circulation characteristics, pedestrian access, and building site entrances to provide for employee access.

d.

Onsite day care facilities.

e.

Onsite lunch rooms/cafeterias.

f.

Onsite commercial services such as banks, restaurants, and small retail uses.

g.

Parking spaces designated for park-and-ride users.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-427. - Enforcement and appeals.

Policies and procedures set forth in this division are enforceable under the provisions of Article IV, Division 6.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-428—44-452. - Reserved. DIVISION 7. - RESERVED

Secs. 44-453—44-474. - Reserved. DIVISION 8. - FLOODPLAIN MANAGEMENT

Sec. 44-460. - Applicability.

This division shall apply to all areas identified as flood-prone within the jurisdiction of the City.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-461. - Basis for establishing flood-prone areas.

The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agencies or other source to identify flood-prone areas within the jurisdiction of the City. This data will be on file with the Community Development Department, Planning Division, at La Palma City Hall.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-462. - Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-463. - Abrogation and greater restrictions.

This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division, and an easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-464. - Interpretation.

In the interpretation and application of this division, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the City; and

(3)

Deemed neither to limit nor repeal any other powers granted under State statutes.

(Ord. No. 2016-01, § 5, 5-5-2015)

The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This division does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of the City, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this division or any administrative decision lawfully made hereunder.

(Ord. No. 2016-01, § 5, 5-5-2015)

A precise plan or precise plan amendment shall be obtained for all proposed construction or other development in the City, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within a flood-prone area.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-467. - Designation of the floodplain administrator.

The Community Development Director is hereby appointed to administer, implement, and enforce this division by processing precise plan permits for development in accord with this chapter.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-468. - Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(1)

Permit review. Review all development permit applications to determine whether:

a.

Permit requirements of this division have been satisfied;

b.

All other required state and federal permits have been obtained; and

c.

The site is reasonably safe from flooding.

(2)

Review and use of any other base flood data. The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agency or other source.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-469. - Standards of construction.

If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including manufactured homes, shall:

(1)

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

Be constructed:

a.

With materials and utility equipment resistant to flood damage;

b.

Using methods and practices that minimize flood damage;

c.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-470. - Standards for subdivisions or other new development.

If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:

(1)

All such proposals are consistent with the need to minimize flood damage within the flood prone area;

(2)

All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

(3)

Adequate drainage is provided to reduce exposure to flood hazards.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-471. - Standards for utilities.

(a)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1)

Infiltration of flood waters into the systems, and

(2)

Discharge from the systems into flood waters.

(b)

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. No. 2016-01, § 5, 5-5-2015)

Secs. 44-472—44-474. - Reserved. ARTICLE IV. - ADMINISTRATIVE PROCEDURES DIVISION 1. - ADMINISTRATIVE RESPONSIBILITY

Sec. 44-475. - Purpose.

The purpose of this division is to describe the authority and responsibilities of the City staff and officials in the administration of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-476. - Planning agency defined.

As provided by State law (Government Code § 65100), the City Council, Development Committee, and the Community Development Director shall perform the functions of the planning agency.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 18, 5-3-2016)

State Law reference— Local planning agencies, Government Code § 65100 et seq.

Sec. 44-477. - Review authorities.

The following review authorities shall make decisions on the procedures authorized by this Development Code, and as identified in Table IV-1:

(1)

City Council.

(2)

Development Committee.

(3)

Special Permit Committee.

(4)

Special Permit Subcommittee.

(5)

City Manager.

(6)

Community Development Director.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 19, 5-3-2016)

Sec. 44-478. - City council duties and authority.

The City Council shall perform the duties and functions prescribed in this chapter, including reviewing, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-479. - Reserved.

Editor's note— Ord. No. 2016-06, § 20, adopted May 3, 2016, repealed § 44-479 in its entirety. Former § 44-479 pertained to "Planning commission," and was derived from Ord. No. 2015-01, § 3, adopted May 5, 2015.

Sec. 44-480. - Development and circulation committee.

The Development and Circulation Committee is an advisory committee consisting of citizens-at-large appointed by the City Council. It shall be the duty of the Development and Circulation Committee:

(1)

To review proposed projects for consistency with the Circulation and Infrastructure Element of the General Plan; and

(2)

To recommend to the City Council ways and means for improving transportation, transit, and circulation conditions and matters in Chapter 40 "Vehicles and Traffic"; and

(3)

To advise the City Council on matters affecting the review, study, evaluation, design, and installation of traffic control devices in compliance with the Guidelines and Warrants of the CAMUTCD.

(4)

To advise the City Council on matters affecting accessibility, parking, and transportation modes, including pedestrian, bicycle, and automobiles on all public rights-of-way and paths within the City limits; and

(5)

To perform the duties and functions prescribed in Chapter 44, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1;

(6)

To advise the City Council and perform such advisory duties and functions relating to planning, land use, transportation and circulation issues as the City Council may direct; and

(7)

The Development and Circulation Committee shall also serve as the board of appeals related to disputes concerning the building standards code.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2017-01, § 4, 3-7-2017)

Editor's note— Ord. No. 2017-01, § 4, adopted March 7, 2017, amended § 44-480 to read as set out herein. Previously § 44-480 was titled "Development committee."

Sec. 44-481. - Special permit committee.

(a)

Membership. A representative of each City department shall comprise a Special Permit Committee to investigate, conduct meetings to issue certain special permits, and consider the revocation or extension of special permits.

(b)

Duties and authority. The Special Permit Committee shall perform the duties and functions prescribed in this chapter, including making determinations on applications for special permits in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-482. - Special permit subcommittee.

(a)

Membership. The Special Permit Committee Subcommittee shall be composed of three members. The members shall include the City Manager, the Community Development Director, and a representative from the Police Department.

(b)

Duties and authority. The Special Permit Subcommittee shall perform the duties and functions prescribed in this chapter, including making determinations on applications for special permits in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-483. - City manager.

The City Manager shall perform the duties and functions prescribed in this chapter, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-484. - Community development director.

The Community Development Director shall perform the duties and functions prescribed in this chapter, including reviewing, making recommendations, or making determinations on applications for development projects in compliance with Table IV-1.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-485. - Authority for land use and zoning decisions.

Table IV-1 identifies the City official or authority responsible for reviewing and making decisions on each type of application or land use entitlement required by this chapter.

TABLE IV-1. REVIEW AUTHORITY

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 21, 5-3-2016; Ord. No. 2022-01, § 18, 5-3-2022; Ord. No. 2023-02, § 8, 2-7-2023; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-486. - Special permit review authority.

Table IV-2 identifies the City official or authority responsible for reviewing and making decisions on each type of special permit application as required by this chapter.

TABLE IV-2. SPECIAL PERMIT REVIEW AUTHORITY

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 10, 8-2-2022)

Sec. 44-487. - Sign review authority.

Table IV-3 identifies the City official or authority responsible for reviewing and making decisions on each type of sign application as required by this chapter.

TABLE IV-3. SIGN REVIEW AUTHORITY

* N/A—Not applicable

(1)

Electronic monument signs are allowed in the public/institutional zoning district only and are subject to a precise plan permit. The bodies with decision making and appeal authority for a precise plan permit are identified in table IV-1 in section 44-485, and the decision-making body will consider applications based upon recommendations of both the Community Development Department and the Development and Circulation Committee.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 22, 5-3-2016; Ord. No. 2021-03, § 6, 12-7-2021; Ord. No. 2024-04, § 4, 12-10-2024)

Sec. 44-488. - Public hearings required.

(a)

The Development Committee and City Council, where identified as having review or appeal authority in Table IV-1, shall hold a public hearing prior to considering, reviewing, and/or taking action on any of the following entitlements:

(1)

Conditional use permits.

(2)

Precise plans and precise plan amendments.

(3)

Variances.

(4)

Specific plans.

(b)

All public hearings shall comply with the notification and procedural requirements in Section 44-518.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 23, 5-3-2016)

Sec. 44-489. - Specific plan initiation.

Adoption of a new specific plan or an amendment to an existing specific plan may be initiated in the following manner:

(1)

Council. The City Council may initiate the preparation of a specific plan.

(2)

Property owner. The property owner or the authorized agent, or an affected party, may file an application for a specific plan. If the property for which a specific plan or specific plan amendment is proposed has more than one owner, all of the owners or their authorized agents shall join in filing the application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-490—44-516. - Reserved. DIVISION 2. - HEARINGS[[4]]

Footnotes:

--- ( 4 ) ---

State Law reference— Public notice of public hearings for planning and zoning matters, Government Code §§ 65090, 65091; planning commission public hearing on proposed zoning ordinance or amendment to zoning ordinance, Government Code § 65854.

Sec. 44-517. - Purpose.

This division provides procedures for scheduling and conducting public hearings before the Development Committee and City Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted in compliance with this division.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 24, 5-3-2016)

Sec. 44-518. - Notice of public hearing.

Notice of the time and place of public hearings shall be given in accordance with State law.

(1)

Notice of a public hearing shall be posted at City hall, the public library, Community Center, and when applicable in front of the subject property.

(2)

Additional requirements for drive-through facilities. In accordance with Government Code § 65090, whenever a local agency considers the adoption or amendment of policies or ordinances affecting drivethrough facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Access restrictions to commercial establishments affecting the blind, aged, and disabled is a critical statewide problem.

(3)

Additional requirements for subdivision approvals. In accordance with Government Code § 65091, any notice relating to an approval governed by the Subdivision Map Act, Government Code § 66410 et seq., or Article VI of this chapter shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Civil Code § 883.230.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-519. - Content of notice.

Notices shall contain the following information:

(1)

The required description of the property under consideration, which shall use either a street address, a legal description, or other method that substantially identifies the property.

(2)

The purpose or nature of the application or public hearing.

(3)

The time, place, and the review body for the public hearing.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-520. - Continuance.

If for any reason the public hearing is to be continued beyond the day set, the public hearing may be continued; such continuance shall not be subject to the notice requirements set forth in Section 44-518.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-521. - Summary of testimony.

A summary of all pertinent testimony offered at a public hearing and the names of persons testifying shall be condensed in writing and made a part of the permanent files of the case.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-522. - Notice of decision.

Following the rendering of a decision on an application, a copy of the decision shall be mailed to the applicant and any other person who has made a written request for a copy of the decision.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-523—44-552. - Reserved. DIVISION 3. - APPEALS[[5]]

Footnotes:

--- ( 5 ) ---

State Law reference— Authority of local government to provide by ordinance procedures for appeals from zoning decisions, Government Code § 65903.

Sec. 44-553. - Authority.

Any decision made by an approval authority designated in Section 44-485, Table IV-1, Section 44-486, Table IV-2, or Section 44-487, Table IV-3 may be appealed pursuant to the procedures established in this division. The appeal authority shall be that person or body designated in the appropriate review authority table referenced herein.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-554. - Form and content.

The appellant shall state in writing the specific reasons for the basis of the appeal. Only those items raised in the written appeal shall be considered by the appeal authority. Appeal applications shall include the required fee.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-555. - Status of original decision.

From the time that the appeal is filed until such time that the appeal is decided upon by the appeal authority, the entire original decision shall be suspended and no action on the application or permit shall be taken by the applicant or the City until such time that the appeal is resolved. Once the appeal is resolved, all elements of the original decision, excluding those items raised in the appeal, shall be in effect.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-556. - Time period for appeal.

The appeal shall be filed with the City Clerk within 15 calendar days following the date of the decision by the appropriate review authority.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-557. - Progression of appeals.

(a)

When more than one body is designated as having appeal authority in a subject review authority table, the appeal shall be presented to the bodies in the following order:

(1)

Community Development Director.

(2)

Development Committee.

(3)

City Council.

(b)

The appeal process may continue until the matter is resolved or is abandoned by the appellant or until all appeal options have been exhausted. Only those appeal bodies listed in a subject review authority table for a given action shall be included in the appeal progression for that action.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 25, 5-3-2016)

Secs. 44-558—44-577. - Reserved.

DIVISION 4. - EXPIRATION AND EXTENSION

Sec. 44-578. - Purpose.

This division provides requirements for the implementation of the permits and entitlements specified by this chapter, including time limits and procedures for granting extensions of time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-579. - Expiration of permit/entitlement.

Unless otherwise specified, permits and entitlements not subject to the Subdivision Map Act shall comply with the following provisions:

(1)

The applicant for a permit shall file a written acceptance of the terms and conditions imposed by the permit with the Community Development Director within 15 days of the issuance of the permit.

(2)

The applicant must agree to indemnify the City for all costs, including any legal fees and court costs, which may result from a challenge to the issuance of the permit/entitlement.

(3)

The permit/entitlement shall expire and be of no further force or effect if:

a.

The permit is not established within 180 days of the permit's effective date or such other time period designated by the permit's approval, by State law or by this Code.

b.

After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year.

(4)

If the application for the permit/entitlement also involves the approval of a tentative map, the date of construction shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-580. - Time extensions.

An extension of a permit or entitlement shall be subject to the following provisions:

(1)

Written request. The applicant shall file a written request for an extension of time prior to the expiration of the permit/entitlement, together with the filing fee required.

(2)

Decision on request for extension. Upon showing good cause, the request for a time extension may be approved, approved with modifications, or disapproved by the original approval authority. This decision may be appealed to the City Council.

(3)

Limits on extensions. The maximum number of years that a permit/entitlement may be extended may not exceed a total of three additional years beyond the expiration date of the original approval. Extensions shall be limited to one-year increments.

(4)

Criteria for granting an extension. An extension of the approval of a permit/entitlement may be granted only if it is found that there have been no significant changes in the general plan, applicable specific plans, this chapter, this Code, or the character of the area surrounding the subject property that would cause the approved permit/entitlement to be injurious to the public convenience, health, safety, or general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-581—44-608. - Reserved.

DIVISION 5. - REVOCATION AND MODIFICATION

The purpose of this division is to provide a process for revoking or modifying permits, in order to protect the public convenience, health, safety, and general welfare, as well as the rights to due process of permit holders within the City. In order to ensure the protection of the greater public interest and to enforce the provisions of this chapter, it may become necessary to revoke or modify a previously approved permit or entitlement.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-610. - Authority.

The original approval body is authorized to revoke or modify a permit or the entitlement following a public hearing in compliance with Division 2 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-611. - Initiation.

Revocation or modification of a permit may be initiated by a vote of the City Council, or the original approval authority based on reasonable evidence demonstrating one of the findings listed in Section 44612.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-612. - Findings.

A permit or entitlement may be revoked or modified if any one of the following findings of fact can be made:

(1)

The use for which the approval was granted has been exercised so as to be detrimental to the public health or safety, or to constitute a nuisance.

(2)

The approval was obtained by fraud.

(3)

The use for which such approval is granted is not being exercised within the time specified.

(4)

The use for which approval was granted has ceased to exist or has been suspended for one year or more.

(5)

The permit as granted is being or recently has been exercised contrary to the terms and conditions of approval or in violation of a statute, ordinance, law, or regulation.

(Ord. No. 2015-01, § 3, 5-5-2015)

At the conclusion of the public hearing, the original approval body may revoke or modify the subject permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-614. - Appeal.

The decision to revoke or modify a permit may be appealed to the City Council, subject to Division 3 of this article. The subsequent decision by the City Council shall be final.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-615—44-631. - Reserved. DIVISION 6. - ENFORCEMENT OF CHAPTER

This division provides procedures to ensure compliance with the requirements of this chapter. Enforcement of these provisions and any approvals granted by the City shall be diligently pursued in order to provide for effective administration, ensure compliance with any conditions of approval, promote the City's planning efforts, and protect the public convenience, health, safety, and general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-633. - Responsibility for enforcement.

The Community Development Director shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use permits, entitlements, licenses, maps, and approvals granted by the City. The enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this chapter. The Police Department, a peace officer, or code enforcement officials may issue citations to enforce this section.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this chapter and/or other related ordinances of the City, or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in this Code, including this division. The term "public nuisance" does not include legal nonconforming uses provided under Section 44-706.

(b)

A violation of any provision of this chapter shall be subject to enforcement under Article XI.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-635. - Remedies are cumulative.

(a)

Cumulative, not exclusive. All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter and other related ordinances of the City shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or federal law.

(b)

Other remedies. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Code, the conviction shall not prevent the City from pursuing any other available remedies to correct the violation.

(Ord. No. 2015-01, § 3, 5-5-2015)

This section describes the procedures for initiating enforcement action in cases where it has been

determined that property within the City is being used, maintained, or allowed to exist in violation of the provisions of this chapter or other related ordinances of the City.

(1)

Notice to responsible parties. The City shall provide the record owner of the subject site and any person in possession or control of the site (referred to as the responsible party) with a written notice. The Community Development Director shall send a notice by either personal delivery or United States mail to the last known address of the responsible party, specifying the existence of the violation. The notice shall include the following information:

a.

A description of the property by street address, parcel number, or other reference sufficient to identify the property.

b.

A description of the violations that exist on the property.

c.

Reference to the specific legal authority under which the enforcement action is being taken.

d.

A time limit for correcting the violation, in compliance with subsection (2).

e.

A statement outlining the penalties for violating the provisions of this Code.

f.

A statement that the City intends to charge the property owner for all enforcement and administrative costs associated with the abatement of the violation, in compliance with Section 44-638 and/or initiate legal action as described in Section 44-637.

g.

A statement that the property owner may request and be provided a meeting with City representatives to discuss possible methods and time limits for the correction of the violations.

h.

Other information that the City deems pertinent to obtain compliance.

(2)

Time limit for correction.

a.

The specific time period for correcting the violations shall be determined by the Community Development Director and shall be based on the severity of its impact upon the community and surrounding properties and the amount of time and expense estimated to be necessary to correct the violation.

b.

The written notice shall state that the violation shall be corrected within the specified number of days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Community Development Director within the specified time to arrange for a longer period for correction.

c.

The Community Development Director may approve a time extension where it is determined that the responsible party would likely correct the violation within a reasonable time.

d.

If the Community Development Director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the Community Development Director may require immediate corrective action.

(3)

Use of other enforcement procedures. The enforcement procedures of Section 44-637 may be employed by the Community Development Director after or instead of the provisions of this section where the Community Development Director determines that this section would be ineffective in securing the correction of the condition/violation within a designated/reasonable period of time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-637. - Legal remedies.

In order to enforce the regulations and standards of this chapter, the City may choose to undertake legal actions as prescribed in Section 2-350 through 2-352.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-638. - Recovery of costs.

This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this chapter and other related ordinances of the City, in cases where no entitlements are required to correct a violation. The intent of this section is to recover City administrative and legal costs reasonably related to the required enforcement actions.

(1)

Record of costs.

a.

The Community Development Director shall maintain records of all administrative costs, incurred by responsible City departments, associated with the processing of violations and enforcement of the Code, and shall recover the costs from the property owner, in compliance with this section.

b.

Staff time shall be calculated at an hourly rate as established and revised from time to time by resolution of the City Council.

(2)

Summary of costs and notice.

a.

At the conclusion of the case, the Community Development Director shall send a summary of costs associated with enforcement to the responsible party by United States mail. The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party shall be liable for the charges.

b.

In the event that no request for hearing is filed or, after a hearing, the responsible party shall be liable to the City in the amount stated in the summary or any lesser amount determined by the City Manager.

(3)

Request for hearing on costs. A responsible party who receives a summary of the costs shall have the right to a hearing before the City Council on any objections to the charges.

a.

A request for hearing shall be filed with the City within ten days following the date of mailing the summary of costs.

b.

Within 30 days of the filing of the request, and on ten days' written notice to the responsible party, the City Council shall hold a hearing on the party's objections and determine their validity.

c.

In determining the validity of the costs, the City Council shall consider whether total costs are reasonable and necessary in the circumstances of the case.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-639—44-664. - Reserved. DIVISION 7. - AMENDMENTS[[6]]

Footnotes:

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State Law reference— Procedure for amending a general plan, Government Code § 65350; procedure for amendment to zoning ordinance, Government Code § 65853.

Sec. 44-665. - Purpose.

The purpose of this division is to provide procedures for the amendment of the general plan, the zoning map, and this chapter, whenever required by public convenience, health, safety, and general welfare. In addition, State law (Government Code § 65400 et seq.) requires that the general plan be periodically updated.

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— Duties of local planning agency to periodically update general plan, Government Code § 65400 et seq.

Sec. 44-666. - Authority.

Authority for the approval of amendments to the general plan, the zoning map, and this Development Code shall be vested in the City Council. The Community Development Director shall provide written recommendations to the City Council regarding the amendments.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 26, 5-3-2016)

Sec. 44-667. - Hearing required.

A public hearing in compliance with Division 2 of this article shall be required.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-668. - Amendments requiring general plan amendment.

Amendments to zoning district designations or text of this chapter that are not consistent with the adopted general plan shall be accompanied by a general plan amendment application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-669. - Method of adoption.

(a)

General plan. Amendments to the general plan shall be adopted by resolution of the City Council.

(b)

Zoning map and this chapter. Amendments to the zoning map or this chapter shall be adopted by ordinance.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-670. - General plan consistency.

The City Council may amend all or part of the general plan, or any element thereof. Zoning districts, specific plans, and other plans of the City that are applicable to the same area or matter affected by the general plan amendment shall be reviewed and amended concurrently as necessary to ensure consistency with the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-671. - City council action on amendments.

Upon receipt of the Community Development Director's recommendation, the City Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in section 44-672.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 27, 5-3-2016)

State Law reference— Procedure for modification of proposal or amendment to zoning ordinance by legislative body not previously considered by the Planning Commission, Government Code § 65857.

Sec. 44-672. - Findings for amendments.

An amendment to the general plan, zoning map, or this chapter may be approved only if all the following findings can be made. It is the responsibility of the applicant to establish evidence in support of the required findings.

(1)

Mandatory required findings for all amendments. The following shall be required for all amendments to the general plan, zoning map, and this chapter:

a.

The proposed amendment is consistent with all of the applicable objectives, policies, general land uses, programs, and actions of all applicable elements in the general plan.

b.

The proposed amendment shall not be detrimental to the public convenience, health, safety, or general welfare of the City.

c.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2)

Additional required finding for zoning map amendments. The site is physically suitable, including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints, for the requested zoning designation and anticipated land use development.

(3)

Additional required finding for this chapter amendments. The proposed amendment is internally consistent with other applicable provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-673. - Limits on general plan amendments.

Except as otherwise provided in State law, no mandatory element of the general plan shall be amended more frequently than four times during a calendar year. Each amendment may include more than one change to the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-674—44-704. - Reserved.

DIVISION 8. - NONCONFORMING LOTS, BUILDINGS, AND USES

Within the zoning districts established by this chapter, there exist land uses, structures, and lots that were lawful and in compliance with existing standards at the time they were established, constructed, or formed, but that are now prohibited, regulated, or restricted differently under the requirements of this chapter. This division establishes uniform provisions for the regulation of these legal nonconforming land uses, structures, and lots.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)

Sec. 44-706. - Restrictions on nonconforming uses and structures.

(a)

Nonconforming uses of land. A nonconforming use of land may be continued, transferred, or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use.

(b)

Nonconforming structures. A nonconforming structure may undergo normal/necessary maintenance and repairs, provided no additions or structural alterations are made. The term "maintenance and repairs" as used in this section shall include roof repair and replacement, removal of a non-bearing wall, window replacement/repair, painting, garage door replacement, electric vehicle charging stations and any associated equipment, and other types of similar activities.

(c)

Except for the activity described in subsection (b), an alteration and/or expansion of a nonconforming structure or use may only be undertaken if the alteration/expansion is performed in compliance with all applicable land use regulations and procedures in existence at the time of the alteration or expansion.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)

Sec. 44-707. - Loss of nonconforming status.

(a)

Termination by discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a period of at least 180 consecutive days or a total of 12 nonconsecutive months, rights to a legal nonconforming status shall be terminated, regardless of the owner's intention to abandon.

(b)

Termination by destruction.

(1)

If a nonconforming structure or a conforming structure used for a nonconforming use is damaged, destroyed, or demolished, the right to continue occupancy of the nonconforming structure or to continue the nonconforming use shall cease.

(2)

If the cost of repairing or replacing the damaged portion of the structure does not exceed 50 percent of the current appraised value of the structure, as shown in the County Assessor's records or established by a State licensed appraiser, the structure may be restored and the use continued if the restoration is started within six months of the date of damage or destruction and is diligently pursued to completion.

(c)

Residential unit exemptions. Nonconforming single-family and multiple-family residential dwelling units damaged or destroyed due to a catastrophic event, including damage by fire, may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure and at the same densities that existed prior to the catastrophic event. The new construction shall comply with the current building and fire code requirements.

(d)

Electric vehicle charging exemptions. If an electric vehicle charging station or stations and any associated equipment interfere with, reduce, eliminate, or in any way impact the municipal Code required parking spaces for new and existing uses, the number of required parking spaces for the existing uses shall be automatically reduced by the amount necessary to accommodate the electric vehicle charging station(s) and any associated equipment.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)

Secs. 44-708—44-729. - Reserved. ARTICLE V. - PERMITS, PLANS AND CERTIFICATES DIVISION 1. - GENERALLY[[7]]

Footnotes:

--- ( 7 ) ---

State Law reference— Applications for development projects, Government Code § 65943.

Sec. 44-730. - Application required.

Requests for permits, licenses, appeals, amendments, approvals, and other discretionary actions required or allowed by this chapter shall require that a City application form be filled out in its entirety and submitted to the Community Development Director. In addition, other materials, reports, dimensioned plans, or other information required to take an action on the application, as identified in this division and the application guidelines, shall be submitted with the application. The application guidelines, which include a list of required items for each type of application, are available as a handout in the Community Development Department. It is the responsibility of the applicant to ensure that all required information is provided.

(Ord. No. 2015-01, § 3, 5-5-2015)