Sec. 44-1043. - Precedents.

Each application is reviewed on a case-by-case basis and the granting of a prior variance is not admissible evidence for the granting of a subsequent variance.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-1044—44-1069. - Reserved. DIVISION 12. - SPECIFIC PLANS AND AMENDMENTS

Sec. 44-1070. - Purpose.

The purpose of this division is to provide a method for the adoption of specific plans, in order to provide adequate development flexibility for innovation in development concepts, land use mixes, and site design.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1071. - Authority.

The review authority designated in Section 44-485, Table IV-1 may grant approval of specific plans and specific plan amendments.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1072. - Contents and adoption of specific plan.

Specific plans must comply with Government Code §§ 65450 to 65457.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1073. - Application contents.

Applications for a specific plan shall be in compliance with Division 1 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-1074—44-1099. - Reserved. DIVISION 13. - ARTIFICIAL TURF PERMITS

Sec. 44-1100. - Purpose.

The purpose of this division is to provide a permit process for the review and approval of artificial turf.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1101. - Authority.

The approval authority designated in Section 44-485, Table IV-1 (review authority) may grant approval of artificial turf permits.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1102. - Applications.

Applications for artificial turf permits shall be filed in compliance with Division 1 of this article. In addition, the artificial turf permit application shall include a sample of the artificial turf material, a sample of the infill material (if applicable); warranty information; installation details; material specifications (i.e., face weight, pile height, composition, etc.)

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1103. - Expiration of permit.

Artificial turf permits are subject to the expiration provisions in Article IV, Division 4.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1104. - Time extensions of permits.

An artificial turf permit may be extended if, in the judgment of the review authority, the proposed installation under the terms and conditions of the existing artificial turf permit will conform with all applicable municipal ordinances and regulations thereunder have been complied with. The review authority may extend the artificial turf permit for an additional period of one year or other term if a different period of validity was specified in the original artificial turf permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1105. - Modification of permits.

An artificial turf permit may be revoked or modified in compliance with Article IV, Division 5.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1106. - Fee amount.

The artificial turf permit fee shall be established by resolution of the City Council to offset the costs associated with administering the artificial turf regulations.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-1107—44-1135. - Reserved. DIVISION 14. - OUTDOOR DISPLAY AND SEATING PERMITS

Sec. 44-1136. - Purpose.

The purpose of this division is to allow outdoor display and incidental seating as an accessory use in conjunction with a lawfully established business. This division is intended to ensure that outdoor displays and incidental seating furniture enhance the overall appearance of businesses and commercial centers.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1137. - Authority.

The approval authority designated in Section 44-485, Table IV-1 (review authority) may grant approval of outdoor display and seating permits.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1138. - Applications permits.

Applications for outdoor display and seating permits shall be filed in compliance with Division 1 of this article, permits, plans, and certificates. The outdoor display and seating permit application shall include the following information:

(1)

The physical location of the proposed outdoor display or seating area.

(2)

The type of permitted activity (i.e., outdoor display, seating, or standing sign).

(3)

A statement of the days and hours the applicant will engage in the permitted activity.

(4)

Location and size of all existing and proposed display furniture and equipment with photographs or catalogue pictures of such items.

(5)

The total square footage, exact dimensions, and the proposed occupancy of the incidental outdoor display or seating area (i.e., the number of seats and tables within the incidental outdoor dining area).

(6)

The existing and proposed on-site vehicular and pedestrian circulation patterns.

(7)

Description and height dimensions of the proposed outdoor furniture to be used.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1139. - Incidental outdoor areas; general requirements.

All incidental outdoor areas shall conform to the following general requirements:

(1)

Outdoor areas shall be located on a hard and durable surface in a location so as not to impede pedestrian or vehicular ingress/egress to the establishment, and specifically shall not be located within public rightsof-way or create unsafe conditions.

(2)

Outdoor areas shall be located at least 25 feet from any residentially used or zoned property.

(3)

Display items and furniture shall not exceed five feet in height except for accessories providing shade such as canopies and umbrellas.

(4)

Outdoor areas shall not be allowed in areas set aside, required, or designated for driving aisles, driveways, maneuvering areas, emergency access ways, off-street parking, or unloading/loading.

(5)

Outdoor areas shall be permitted only on privately owned walkways where a minimum width of five feet is maintained for pedestrian movement.

(6)

A-frame signs shall not be permitted as part of an outdoor area.

(7)

Outdoor areas shall only be accessory to businesses that conduct most activities within an enclosed building.

(8)

An outdoor area shall not extend into a frontage of a neighboring business.

(9)

Merchandise or accessories shall not be attached to wall surfaces, columns, roofs, or any other part of the building unless approved by the City.

(10)

The permit holder for the outdoor area shall be responsible for keeping the area clean of all trash and litter. Hosing or pressure washing shall not be permitted along sidewalks and walkways.

(11)

The permit holder shall not operate any bell, siren, horn, loudspeaker, flashing lights, or any similar device to attract the attention of possible customers or be a nuisance to the general public.

(12)

All sales shall take place inside of the established business.

(13)

In the event of an emergency or in a situation where necessary circumstances arise, a permit holder shall remove all articles from the sidewalk when directed to do so by any City employee, law enforcement officer, fire official, or emergency medical personnel.

(14)

Outdoor seating, display furniture, and signs shall be of high visual quality and shall enhance the aesthetic character of the surrounding commercial area.

(15)

Chairs and tables shall not be exclusively made of plastic and shall be constructed of a durable material.

(16)

Any change, alteration, or enlargement of an already permitted outdoor area shall require the permittee to submit a new application and plans to the Community Development Department.

(17)

An outdoor area shall be an incidental extension of a legally established commercial business. The approval in no way grants or permits a secondary business that is not in conjunction with the already established business at the subject location.

(18)

Accessories providing shade, such as umbrellas or canopies, shall be of durable fabric and not be composed of nylon taffeta or any other synthetic plastic material unless otherwise approved by the review authority.

(19)

Shades and umbrellas may not be promotional accessories used to advertise or market a service or product. They shall be of a single color and enhance the appearance of the area unless otherwise approved by the review authority.

(20)

The incidental outdoor dining area shall comply with the Americans with Disabilities Act (ADA) and Title 24 handicap accessibility requirements of the California Code.

(21)

The City shall reserve the right to modify or rescind the outdoor display and seating permit at any time and for any circumstances it deems appropriate.

(22)

Only display materials and signs approved on the officially submitted application shall be permitted in association with the outdoor display or seating area.

(23)

Outdoor entertainment shall not be allowed in conjunction with an outdoor area.

(24)

Coin-operated machines, drop off boxes/bins, vending machines, or any other device shall not be permitted as an outdoor display under this division.

(25)

If deemed necessary, the review authority shall have the right to require the applicant to provide stanchions which enhance the appearance of the outdoor area to delineate between the outdoor area and the walkway.

(26)

Signs may be six square feet in area or one-half in area for each linear foot of outdoor area, up to a maximum of 12 square feet of aggregate sign area.

(27)

All outdoor furniture shall be maintained in a high-quality state and remain free of cracks, chips, rips, fading, rust, and other signs of wear.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1140. - Outdoor display areas; additional standards.

Proposed outdoor merchandise displays and signs shall conform to the following standards:

(1)

Display areas shall be limited to cover no more than one-half of the total frontage of a retail business and shall not be located within three feet of a business entrance.

(2)

All display tables shall have a topper and or skirt in order to enhance the appearance of the display furniture.

(3)

The review authority shall have the right to require additional parking as provided in Article III, Division 4 if necessary.

(4)

All outdoor merchandise, displays, and signs shall be moved inside the retail building at any time the business is not in operation or in the event of inclement weather.

(5)

The issuance of a permit for an outdoor display use does not grant or infer vested rights to the use of an incidental outdoor seating area by the permit holder unless explicitly approved by the review authority.

(6)

Outdoor displays shall not be used exclusively to advertise liquidation merchandise and products.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1141. - Outdoor seating areas; additional standards.

Incidental outdoor seating and dining areas shall conform to the following requirements:

(1)

An incidental outdoor seating area may include, but not be limited to chairs, tables, canopies, and other accessories used for outdoor seating or dining which are specifically indicated on the permit application.

(2)

Seating areas shall not be located within three feet of a business entrance.

(3)

An outdoor seating area shall be limited to:

a.

A maximum of 20 percent of the number of indoor seats or a maximum of 20 seats, whichever is more restrictive; and

b.

A maximum of five tables.

(4)

All outdoor seating or signs shall be moved inside a building at any time a business is not in operation unless otherwise permitted by the review authority.

(5)

The issuance of a permit for an outdoor seating use does not grant or infer vested rights to the use of an outdoor display area by the permit holder unless explicitly approved by the review authority.

(6)

No sales or consumption of alcohol shall be allowed in an incidental outdoor seating area.

(7)

No smoking shall be allowed in an incidental outdoor seating area.

(8)

Outdoor furniture shall not be mismatched or in haphazard assembly.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1142. - Prohibited outdoor display and seating areas.

Except as a permit may be issued pursuant to Section 44-269, it shall be unlawful for any person to display, exhibit, sell, or offer for sale any food, beverages, goods, or wares of any kind whatsoever, by whatever name called, outdoors within the City. Any person violating this section shall be subject to the enforcement provisions of this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1143. - Expiration of permit.

Outdoor display and permits shall be valid for one year and may be extended in accordance with this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1144. - Time extensions of permits.

An outdoor display and seating permit may be extended if, in the judgment of the review authority, the proposed installation under the terms and conditions of the existing outdoor display and seating permit conforms to all applicable municipal ordinances and all regulations in this division have been complied with. The review authority may extend the outdoor display and seating permit for an additional period of one year or other term if a different period of validity was specified in the original outdoor display and seating permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1145. - Modification of permit.

An outdoor display and seating permit may be modified with the submittal of a new application to the Community Development Department. The new application shall clearly indicate all relevant details in association with the modified outdoor use and shall require the owner's consent. Once the new application is formally submitted to the community development department it shall be reviewed by the designated review authority and the applicant will be informed of the determination.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1146. - Fee amount.

The outdoor display and seating permit fee shall be established by resolution of the City Council to offset the costs associated with administering the outdoor display and seating regulations.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-1147—44-1156. - Reserved. DIVISION 15. - REASONABLE ACCOMMODATION REQUEST