Sec. 44-169. - Tutorial facilities.

(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:

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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.