Chapter 22.176 — (Minor Parking Deviations).

4.

Chapter 22.178 (Parking Permits).

5.

Section 22.24.040.F (Vehicle Parking Incentives).

6.

As otherwise authorized by this Title 22.

C.

Bicycle Parking. Bicycle parking shall be provided in compliance with this Chapter when a new building or structure is constructed, and when an existing building or structure is altered or enlarged to increase floor area if the alteration or enlargement results in the addition of at least 15,000 square feet of gross floor area.

(Ord. 2024-0036 § 5, 2024; Ord. 2019-0004 § 1, 2019.)

A.

Exemptions to This Chapter. This Chapter shall not apply to the following:

1.

Santa Catalina or San Clemente Islands. Property on Santa Catalina or San Clemente Islands.

2.

Special Event Permits. Temporary parking facilities authorized by an approved Special Event Permit (Chapter 22.188), except where specifically required by the Director.

3.

Community Standards Districts. Community Standards Districts where different standards are provided.

4.

Housing. Projects subject to Chapter 22.120 (Density Bonus), where either of the following apply:

a.

The parking provisions described in Section 22.120.080 (Parking); or

b.

The parking provisions described in Section 22.120.080 (Parking) as waived or modified in accordance with Chapter 22.120 (Density Bonus), as applicable.

5.

Scientific Research and Development Zone. Scientific Research and Development Zone established pursuant to Section 22.26.050 (Scientific Research and Development Zone), where different development standards are provided.

6.

Nonconforming Due to Parking. Buildings, structures, and uses nonconforming due to parking may be continuously maintained, provided there is no alteration, enlargement, intensification, or addition to any building or structure, no increase in occupant load, nor any enlargement of area, space, or volume occupied by such a use.

B.

Residential Uses on Lots of One Acre or More. Any single-family residence, two-family residence, apartment house, and other structure designed for or intended to be used as a dwelling on a lot having an area of one acre or more per dwelling unit shall be exempt from Section 22.112.070 (Required Parking Spaces) and Section 22.112.080.E (Paving).

C.

Access. Where vehicular access to any parking space on the same lot as the residential structure to which it would be accessory is not possible from any highway or street due to topographical or other conditions, or is so difficult that to require such access is unreasonable in the opinion of the Director or Director of Public Works, such parking space is not required if:

1.

Alternate parking facilities approved by either the Director or Director of Public Works are provided; or

2.

The Director or Director of Public Works finds that alternate parking facilities are not feasible.

(Ord. 2019-0053 § 20, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Improved Prior to Occupancy. Any parking facilities required by this Chapter shall be established in compliance with this Chapter and improved prior to:

1.

Occupancy of new buildings or structures; or

2.

Occupancy of a new use in the case of an existing building or structure that has been altered, enlarged, expanded, or intensified, in accordance with this Chapter.

B.

Permanent Maintenance Required. Any parking facilities required by this Chapter shall be conveniently accessible and permanently maintained as such unless and until substituted for in full compliance with this Title 22.

C.

Residential and Agricultural Zones. Except as otherwise specified in this Title 22, the following standards apply in all Residential and Agricultural Zones:

1.

A person shall not keep, store, park, maintain, or otherwise permit any vehicle or any component thereof in the front yard, corner side yard, or any additional area of a lot situated between the road and any building or structure located thereon, except that the parking of passenger vehicles, including pickup trucks, other than a motor home or travel trailer, is permitted on:

a.

A driveway; for example, see Figure 22.112.040-A, below; and

b.

An area that is no longer a driveway to a garage or carport due to the conversion of that garage or carport to an accessory dwelling unit.

2.

A person shall not keep, store, park, maintain, or otherwise permit an "inoperative vehicle", as defined in Section 22.14.090 of Division 2 (Definitions), in any Residential or Agricultural Zone. Inoperative vehicles shall be removed within 30 days of June 7, 1991, the effective date of this Subsection C.

3.

Notwithstanding Subsections C.1 and C.2, above, a person may keep and maintain a historic vehicle collection, provided the Director finds it to be in full compliance with Section 22.140.270 (Historic Vehicle Collections).

FIGURE 22.112.040-A: LOCATION OF PARKING AREAS— RESIDENTIAL ZONES

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D.

Measurement.

1.

Measurement of space lengths, aisle widths, and stacking areas for parking spaces required by this Chapter are measured from across the entire width and length of the required areas.

2.

Where single striping lines are used, the width shall be measured from the center of the striping line.

3.

Where double striping is used, the width shall be measured from the midpoint between the striping lines.

4.

For examples of this Subsection D, see Figure 22.112.040-B, below.

FIGURE 22.112.040-B: MEASUREMENT

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E.

Calculation. The following rules shall apply for calculation of parking spaces required by this Chapter:

1.

Multiple Uses. When two or more uses are located on the same lot or within the same building or structure, the required parking for each use shall be calculated separately. The number of on-site parking spaces required shall be the sum total of the requirements for the individual uses, unless as otherwise provided for by this Chapter.

2.

Area—Based Standards.

a.

Area—based parking space ratios shall be computed based on gross floor area in square feet. Gross floor area shall be calculated in compliance with Section 22.04.050.E (Gross Floor Area and Floor Area Ratio).

b.

The Director is authorized to determine the area measurement for uses or portions of uses not located within buildings or structures.

3.

Occupancy Load. Occupant load parking space ratios shall be computed based on the occupant load as determined by the Director of Public Works.

(Ord. 2019-0020 § 12, 2019; Ord. 2019-0004 § 1, 2019.)

22.112.050 - Ownership of Required Parking Facilities.

A.

General. Parking facilities required by this Chapter shall be owned by the owner of the premises on which the use required to be served by said parking facility is located.

B.

Exemptions. The following shall be exempt from this Section:

1.

For Nonresidential Developments, ownership of any parking facility required by Subsection A, above, is not necessary if another alternative is granted pursuant to Chapter 22.178 (Parking Permit).

2.

For multi-family residential developments, ownership of any parking facility required by Subsection A, above, is not necessary if the applicant provides a legal written agreement or covenant guaranteeing the leased spaces are available for the use of the development. The agreement or covenant shall be signed by the applicant and the owner of the parking facilities, and shall be recorded with the RecorderRegistrar/County Clerk, and shall continue to be valid upon change of ownership. In the event of a dissolution of the written agreement or covenant, the multi-family residential development shall remain in compliance with parking requirements if one of the following is satisfied:

a.

A comparable agreement for required parking spaces is provided in a parking facility in compliance with this Chapter 22.112 (Parking), and recorded by the owner of the multi-family residential development and the property providing the parking facility;

b.

The total parking requirement is reduced through Section 22.112.130 (Reduction in Required Parking Spaces When Providing Transportation Demand Management Measures for Multi-Family Residential Developments) and allows the development to meet its requirement without the spaces that had been provided by the dissolved agreement or covenant; or

c.

The reduction in required parking is approved through Section 22.176 (Minor Parking Deviation) or Section 22.178 (Parking Permit).

3.

Unless as otherwise provided for by this Title 22.

(Ord. 2024-0036 § 6, 2024; Ord. 2020-0032 § 24, 2020; Ord. 2019-0004 § 1, 2019.)

A.

General. Every use shall provide the number of required parking spaces on the same lot on which the use is located. For the purposes of this Section, transitional parking spaces separated only by an alley from the use shall be considered to be located on the same lot.

B.

Exemptions. The following shall be exempt from this Section:

1.

Density—Controlled Developments (Section 22.140.170), where off-site parking is specifically approved by the Commission or Hearing Officer;

Off-site parking, when granted pursuant to a Parking Permit (Chapter 22.178); or

3.

Off-site parking for multi-family residential developments, when the owner of the multi-family residential development is also the owner of the off-site parking facility, provided off-site parking spaces are secured according to the following restrictions:

a.

Up to 100 percent of the required parking may be located off-site if any portion of the lot containing the offsite parking is located within 400 feet of the nearest property line of the lot with the multi-family residential development; or

b.

Up to 50 percent of the required parking may be located off-site if any portion of the lot containing the offsite parking is located within 1,320 feet of the nearest property line of the lot with the multi-family residential development.

4.

Off-site parking for multi-family residential developments, when the owner of the multi-family residential development is not the owner of the off-site parking facility, provided off-site parking spaces are secured according to the following restrictions, and demonstrated by a covenant between the owner of the residential lot and the owner of the parking property, to be in effect for no less than 20 years from the date of the multi-family property's certificate of occupancy:

a.

Up to 50 percent of the required parking may be located off-site if any portion of the property containing the off-site parking is located within 400 feet of the nearest property line of the lot with the multi-family residential development; or

b.

Up to 25 percent of the required parking may be located off-site if any portion of the property containing the off-site parking is located within 1,320 feet of the nearest property line of the lot with the multi-family residential development.

5.

Unless as otherwise provided for by this Title 22.

(Ord. 2024-0036 § 7, 2024; Ord. 2019-0004 § 1, 2019.)

A.

Required Parking Spaces Within Public Transit Areas.

1.

Except for lodging uses or as provided in Subsection A.2, below, or where required by State law, all uses located within a public transit area, as defined in Section 22.14.160 (P), shall not require parking. Voluntarily provided parking shall comply with all applicable regulations in the County Code.

2.

Parking Minimum Required When. If a development project within a public transit area, as defined in Section 22.14.160 (P), shall require parking, such requirements pursuant to this Chapter may be imposed if written findings are made within the period as specified in State law, supported by substantial evidence, that not imposing or enforcing such requirements would have a substantially negative impact on any of the following:

a.

The County's ability to meet its share of the regional housing need for low-income and very low-income households;

b.

The County's ability to meet any identified special housing needs for seniors or people with disabilities; or

c.

Existing residential or commercial parking within one-half mile of a residential project.

3.

Findings to impose parking requirements pursuant to Subsection A.2, above, shall not apply to housing development projects that:

a.

Set aside at least 20 percent of dwelling units for very low-, lower-, or moderate-income households, students, seniors, or persons with disabilities;

b.

Contain fewer than 20 dwelling units; or

c.

Are subject to parking reductions under any other law.

B.

Required Parking Spaces Outside of Public Transit Areas. Table 22.112.070-A, below, identifies the minimum number of parking spaces required to establish each use.

Industrial uses

9. Parking spaces may be covered or uncovered. If parking is uncovered, the screening requirements of Section 22.112.080.F (Walls) shall be followed. A deed restriction, covenant, or similar document shall be recorded to ensure that the occupancy of the units is restricted to senior citizens or persons with disabilities.

10. When a garage or carport is converted to an accessory dwelling unit, parking spaces for the primary residence shall not be required to be replaced. If parking is provided for the primary residence or residences, it may be provided as covered spaces, uncovered spaces, or tandem spaces, in compliance with Section 22.040.030.B (Use Restrictions) and Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

11. See additional ADU parking provisions in Section 22.140.640.G.1.d (Parking).

12. See additional parking provisions in Section 22.140.585.F.8.

13. Parking for eating establishments selling food for off-site consumption, a Minor Parking Deviation (Chapter 22.176) application may be filed to reduce parking to not less than one parking space per 250 square feet of floor space.

14.. Apartments with 11 or more dwelling units and all developments with 11 or more joint live and work units seeking reduction in required parking spaces shall provide Transportation Demand Management measures, as provided in Section 22.112.130, below.

C.

Uses Not Specified—Number of Spaces Required. Where parking requirements for any use are not specified, parking shall be provided in an amount that the Director finds adequate to prevent traffic congestion and excessive on-street parking. Whenever practical, such determination shall be based upon the requirements for the most comparable use specified in this Chapter.

D.

Fractions. If the number of on-site parking spaces for a use required by this Chapter contains a fraction, that fraction shall be rounded to the nearest whole number. Any such fraction equal to or greater than 0.50 shall be rounded up to the nearest whole number and any such fraction less than 0.50 shall be rounded down to the nearest whole number. For example, "Use A" requires 9.7 spaces, and "Use B" requires 9.4 spaces. "Use A" rounds up and requires 10 spaces and "Use B" rounds down and requires 9 spaces. A total of 19 spaces would be required for the two uses.

E.

Parking as a Transitional Use. Where parking as a transitional use is allowed by this Title 22, it shall comply with all locational and design standards of Section 22.140.440 (Parking as a Transitional Use).

F.

Compact Spaces. A maximum of 40 percent of the number of parking spaces required by this Chapter may be compact automobile parking spaces, except as otherwise provided in this Chapter. Compact spaces shall be distributed throughout the parking area. Any parking spaces provided in excess of the number of parking spaces required by this Chapter may be compact.

(Ord. 2024-0036 § 8, 2024; Ord. 2022-0023 § 26, 2022; Ord. 2022-0008 § 84, 2022; Ord. 2020-0059 § 11, 2020; Ord. 2020-0032 § 25, 2020; Ord. 2019-0020 § 13, 2019; Ord. 2019-0004 § 1, 2019.)

22.112.080 - Parking Design.

A.

Applicability. Except as specified otherwise in this Title 22, this Section shall apply to parking areas in all zones. Parking spaces shall be provided pursuant to this Section and Figure 22.112.080-A, below.

B.

General Standards for Parking Spaces and Maneuvering Aisles.

1.

Parking Spaces.

a.

Standard. Standard parking spaces shall have a minimum width of 8.5 feet and a minimum depth of 17.5 feet for parking facilities serving multi-family residential or mixed use development and of 18 feet for parking facilities serving other development, based on a 90-degree parking layout.

b.

Compact. Compact parking spaces shall have a minimum width of eight feet and a minimum depth of 15 feet, based on a 90-degree parking layout.

c.

Tandem.

i.

Tandem Parking Spaces for Residential Uses.

(1)

When two or more parking spaces are reserved or required for a dwelling unit, such spaces may be developed as tandem parking spaces.

(2)

Standard tandem parking spaces shall have a minimum width of 8.5 feet and a minimum depth of 35 feet to accommodate two vehicles.

(3)

Compact tandem parking spaces shall have a minimum width of eight feet and minimum depth of 30 feet to accommodate two vehicles.

ii.

Tandem Parking Spaces for Nonresidential Uses. Tandem parking spaces for nonresidential uses are allowed when granted pursuant to Chapter 22.178 (Parking Permits).

d.

Parallel. Parallel parking is subject to the following standards, also illustrated in Figure 22.112.080-B, below:

i.

Standard parallel parking spaces shall have a minimum width of eight feet and a minimum length dependent on the location of the standard parallel parking space as follows:

(1)

A standard parallel end-space with direct, pull-in access shall have a minimum length of 17.5 feet;

(2)

A standard parallel middle space shall have a minimum length of 22 feet; and

(3)

A standard parallel end-space without direct access shall have a minimum length of 26 feet. If the endspace does not have a maneuvering aisle that continues beyond the space, it shall have a minimum length of 27 feet and nine inches.

ii.

Compact parallel parking spaces shall have a minimum width of eight feet and a minimum length dependent on the location of the compact parallel parking space as follows:

(1)

A compact parallel end-space with direct access shall have a minimum length of 15 feet;

(2)

A compact parallel middle space shall have a minimum length of 19 feet and six inches; and

(3)

A compact parallel end-space without direct access shall have a minimum length of 23 feet or 27 feet if the maneuvering aisle does not continue beyond the space.

2.

Maneuvering Aisles.

a.

Standard. Maneuvering aisles that provide access to standard parking spaces shall have a minimum width of 24 feet for parking facilities serving multi-family residential or mixed use developments and 26 feet for parking facilities serving other developments.

b.

Compact. Maneuvering aisles that provide access to only compact parking spaces shall have a minimum width of 23 feet, except where a 26-foot wide access road is required by the Fire Department.

c.

Parallel. Maneuvering aisles that provide access to only parallel parking spaces shall have a minimum width of 12 feet for one-way aisles or 24 feet for two-way aisles. Figure 22.112.080-B, Parallel Parking Dimensions, below, identifies the dimensions for maneuvering aisles and parallel parking spaces subject to this Chapter.

3.

Covered Parking. Where required, covered parking spaces shall be provided in a garage, carport, or other suitable vehicle storage structure that complies with all applicable codes and ordinances. Tarps or other temporary structures do not count toward required covered parking spaces.

FIGURE 22.112.080-A: MINIMUM PARKING SPACE DIMENSIONS

==> picture [300 x 296] intentionally omitted <==

FIGURE 22.112.080-B: PARALLEL PARKING DIMENSIONS

==> picture [360 x 257] intentionally omitted <==

C.

Striping.

Each parking space shall be clearly striped with paint or other similar distinguishable material, except that spaces established in a garage or carport having not more than three parking spaces need not be striped.

2.

The Director may approve alternate means of striping parking spaces if:

a.

There is a dual use of the parking facility; or

b.

An alternate paving material is allowed by Public Works, pursuant to Subsection E, below.

3.

Each compact parking space shall be clearly marked with the words "Compact Only."

D.

Wheel Stops.

1.

Wheel stops shall be provided for parking lots with a slope of more than three percent, except that the installation of wheel stops is optional for parking stalls oriented at right angles to the direction of slope.

2.

Wheel stops shall be provided along the perimeter of parking lots that are adjacent to walls, fences, or pedestrian walkways.

E.

Paving.

1.

Where access to parking spaces is from a highway, street, or alley which is paved with asphaltic or concrete surfacing, such parking areas, as well as the maneuvering areas and driveways used for access thereto, shall be paved with:

a.

Concrete surfacing to a minimum thickness of three and one-half inches, with expansion joints as necessary; or

b.

Asphalt surfacing, rolled to a smooth, hard surface having a minimum thickness of one and one-half inches after compaction, and laid over a base of crushed rock, gravel, or other similar material compacted to a minimum thickness of four inches. The requirement for said base may be modified if:

i.

A qualified engineer, retained to furnish a job-site soil analysis, finds that said base is unnecessary to insure a firm and unyielding subgrade, equal, from the standpoint of the service, life and appearance of the asphaltic surfacing, to that provided if said base were required, and so states in writing, together with a copy of his findings and certification to such effect, or

ii.

Other available information provides similar evidence; or

c.

Other alternative material that will provide at least the equivalent in service, life and appearance of the materials and standards which would be employed for development pursuant to Subsection E.1.a or E.1.b, above; and

d.

Public Works, at the request of the Director, shall review and report on the adequacy of paving where modification of base is proposed under Subsection E.1.b, above, or where alternative materials are proposed under Subsection E.1.c. The Director of Public Works may approve such modification or such alternative materials if, in said Director's opinion, the evidence indicates compliance with Subsection E.1.b or E.1.c., above, as the case may be.

F.

Walls.

1.

Front Yards. Where parking facilities are located adjacent to the front lot line, a solid masonry wall not less than 30 inches nor more than 42 inches in height shall be established parallel to and not nearer than five feet to the front lot line, except that:

a.

The required wall shall be set back at least to the line of the front or side yard line required in any adjacent Residential or Agricultural Zone for a distance of 50 feet from the common boundary line. For example, see Figure 22.112.080-C, below.

FIGURE 22.112.080-C: SCREENING WALL—FRONT YARD

==> picture [300 x 103] intentionally omitted <==

b.

Where abutting and adjacent property is in a zone other than a Residential or Agricultural Zone, the Director may approve the establishment of the required wall:

i.

Closer than five feet to the front property line; or

ii.

To a height not exceeding six feet, except where a yard is required in the adjacent nonresidential zone. For example, see Figure 22.112.080-D, below.

FIGURE 22.112.080-D: SCREENING WALL ADJACENT TO A

NON-RESIDENTIAL OR NON-AGRICULTURAL ZONE

==> picture [300 x 180] intentionally omitted <==

2.

Side and Rear Yards. Where parking facilities are located on land adjoining a Residential or Agricultural Zone, a solid masonry wall not less than five feet nor more than six feet in height shall be established along the side and rear lot lines adjoining said zones except that:

a.

Where such wall is located within 10 feet of any highway, street, or alley and would interfere with the lineof-sight of the driver of a motor vehicle leaving the property on a driveway, or moving past a corner at the intersection of two streets or highways, said wall shall not exceed a height of 42 inches; and

b.

Such wall shall not be less than four feet in height above the surface of the adjoining property. If said wall is more than six feet in height above said adjoining property, it shall be set back from the adjoining property line a distance of one foot for each one foot in height above six feet. For example, see Figure 22.112.080-E, below.

FIGURE 22.112.080-E: SCREENING WALLS—SIDE AND REAR YARDS

==> picture [300 x 162] intentionally omitted <==

3.

Modification. The Director may approve a Ministerial Site Plan Review (Chapter 22.186) application to modify Subsection F.1 or F.2, above, for the substitution of a decorative fence or wall or a landscaped berm where, in the Director's opinion, such fence, wall, or landscaped berm will adequately comply with the intent of this Section.

G.

Landscaping.

1.

Where a wall is required to be set back from a lot line, the area between said lot line and such wall shall be landscaped with a lawn, shrubbery, trees, and/or flowers, and shall be continuously maintained in good condition.

2.

Where more than 20 parking spaces exist on a lot, areas not used for parking or maneuvering, or for the movement of pedestrians to and from vehicles, shall be used for landscaping; and

a.

At least two percent of the gross area of the parking lot shall be landscaped;

b.

Landscaping shall be distributed throughout the parking lot to maximize the aesthetic effect and compatibility with adjoining uses; and

c.

This regulation shall not apply to parking areas on the roof or within a building or structure.

3.

Where an improved curbed walkway is provided within a parking lot, a landscaped strip a minimum of four feet in width shall be required adjoining such walkway. Within the landscaped strip, one tree shall be planted every 25 linear feet of walkway, and shall be at least seven feet in height measured from the base of the tree to the bottom of the tree canopy at the time of planting.

4.

All landscaping materials and sprinkler systems shall be clearly indicated on the required site plans.

H.

Lighting. Parking area lighting shall be arranged to prevent glare or direct illumination into any Residential or Agricultural Zone.

I.

Design. Parking lots shall be designed to preclude the backing of vehicles over a sidewalk, public street, or highway. Parked vehicles shall not encroach on, nor extend over, any sidewalk.

J.

Slope. Parking lots shall not have a slope exceeding five percent, except for access ramps or driveways, which shall not exceed a slope of 20 percent.

K.

Width, Paving, and Slope of Driveways.

1.

Driveways with Multiple Residences. Access (e.g., driveways) to parking areas that serve three or more dwelling units shall comply with the following standards:

a.

Driveways shall be at least 10 feet in width for each direction.

b.

If the driveway is required to be paved, the pavement shall be at least 10 feet in width for its entire length, except that a center strip over which the wheels of a vehicle will not pass in normal use need not be paved.

c.

Unless modified by the Director of Public Works because of topographical or other conditions, no portion of a driveway providing access to parking spaces may exceed a slope of 20 percent. Where there is a change in the slope of driveway providing such access, it must be demonstrated that vehicles will be able to pass over such change in slope without interference with their undercarriages.

L.

Electric Vehicle Supply Equipment and Electric Vehicle Charging Spaces. Any parking space served by electric vehicle supply equipment and any parking space intended as a future electric vehicle charging space shall qualify as a required standard automobile parking space where such parking space meets or exceeds the minimum length and width requirements for a standard automobile parking space.

(Ord. 2024-0036 § 9, 2024; Ord. 2020-0032 § 26, 2020; Ord. 2019-0004 § 1, 2019.)

22.112.090 - Accessible Parking for Persons with Disabilities.

Where parking spaces are provided, accessible parking shall be required as specified in Part 2, Volume 1, Chapters 11A and 11B of the California Building Code, except for parking lots providing 100 percent valet parking with an approved parking permit in accordance with Chapter 22.178 (Parking Permit).

(Ord. 2019-0004 § 1, 2019.)

22.112.100 - Bicycle Parking Spaces and Bicycle Facilities.

A.

Required Bicycle Parking Spaces. Table 22.112.100-A, below, identifies the minimum number of bicycle parking spaces required for each use.

B.

General Standards and Measurement for Bicycle Parking.

1.

Fractions. If the calculation for required bicycle parking contains a fraction, Section 22.112.070.C (Fractions) shall apply.

2.

Calculation. For purposes of this Section, when floor area is used, all calculations for the specific use shall be based on gross floor area, in square feet, and shall include the gross floor area of any proposed addition to the involved structure or site.

3.

Combination of Uses. For a combination of uses on a single lot, the number of required bicycle parking spaces shall be equal to the combined total of the required bicycle parking spaces for each of the individual uses.

C.

Showers and Changing Facilities. Showers and changing facilities, of a size and at a location deemed appropriate by the Director, shall be provided in all new commercial and industrial buildings with 75,000 or more square feet of gross floor area and shall, at a minimum, be accessible to employees.

D.

Development Standards for Bicycle Parking Spaces.

1.

General Requirements. All bicycle parking spaces shall be:

a.

Directly adjacent to a bicycle rack or within a secure, single bicycle locker and allow for convenient, unobstructed access to such bicycle rack or locker; and

b.

Located so as not to block pedestrian entrances, walkways, or circulation patterns in or around nearby facilities or structures.

2.

Bicycle Racks. When using bicycle racks, they shall be:

a.

Located and installed to support an entire bicycle, including the frame and wheels, so that the frame and wheels can be locked without damage when using a customary, heavy-duty cable, or U-shaped bicycle lock;

b.

Securely anchored to a permanent surface; and

c.

Installed to allow bicycles to remain upright when locked, without the use of a kickstand.

3.

Bicycle Lockers. When using bicycle lockers, they shall be:

a.

Of sufficient size to hold an entire bicycle; and

b.

Securely anchored to a permanent surface.

4.

Location of Bicycle Parking Spaces.

a.

Short-Term. Short-term bicycle parking spaces shall be:

i.

Located to be visible from public areas such as public streets, store fronts, sidewalks, and plazas, and to be convenient to the target users of the bicycle parking to the maximum extent feasible;

ii.

Installed close to a structure's main entrance located outside the building and within 50 feet of either the main pedestrian entrance or the nearest off-street automobile parking space. For developments with multiple pedestrian entrances, the required number of short-term bicycle parking shall be distributed evenly around each pedestrian entrance;

iii.

Separated with a barrier from areas where vehicles park, such as with a curb or wheel stop; and

iv.

Located in a well-illuminated area.

b.

Long-Term. Long-term bicycle parking spaces shall be:

i.

Located in a well-illuminated, secure, and covered area;

ii.

Access to and from nearby public streets and sidewalks for the target users of the bicycle parking, who may or may not include the general public;

iii.

Located at surface levels near main pedestrian entrances to nearby facilities or structures, or in the parking garages of such facilities or structures;

iv.

Accessible only to residents and owners, operators, and managers of a residential facility when the involved use is residential; and

v.

Accessible only to employees, tenants, and owners of a commercial facility or structure when the involved use is commercial.

c.

Signage. For projects that include long-term parking, signage identifying the location of such bicycle parking shall be included in the project design. Preferred signage locations for this purpose shall be building access ways, streets, and sidewalk approaches, and nearby bicycle paths or facilities.

(Ord. 2024-0049 § 20, 2024; Ord. 2019-0004 § 1, 2019.)

22.112.110 - Reduction in Required Parking Spaces When Bicycle Parking Provided.

A.

Eligibility Requirements for a Parking Reduction. A reduction in required automotive parking spaces shall be granted pursuant to this Section, when:

1.

The project provides more than the minimum number of required bicycle parking spaces provided in Section 22.112.100 (Bicycle Parking and Related Facilities); and

2.

The project is located:

a.

On, or adjoining, a lot or lots containing an existing or proposed bicycle path, lane, route, or boulevard, and so designated in the County Bicycle Master Plan; and

b.

Within a half-mile of a transit stop for a fixed rail or bus rapid transit or local bus system along a major or secondary highway.

B.

Reduction Calculation. For every two bicycle parking spaces provided above the minimum number of such spaces required by Section 22.112.100 (Bicycle Parking and Related Facilities), the number of required automotive parking spaces may be reduced by one, with a maximum reduction of five percent of the total number of such spaces otherwise required by this Chapter.

(Ord. 2019-0004 § 1, 2019.)

Every nonresidential use shall provide and maintain on-site loading and unloading spaces for vehicles as required by this Section.

A.

Number of Spaces Required. Table 22.112.120-A, below, identifies the minimum number of loading spaces required for each use.

B.

Minimum Dimensions for Loading Spaces. Table 22.112.120-B, below, identifies the minimum dimensions for each type of loading space.

C.

General Standards and Measurement for Loading Spaces.

Loading spaces shall be located so that vehicles do not back onto a public highway or street.

2.

All maneuvering operations shall be conducted on-site and not within required parking spaces.

3.

The number of loading spaces required may be modified, but not waived, by the Director in special circumstances involving, but not necessarily limited to, the nature of the use and the design of the project. In no event shall the Director require less than one loading space on the subject property.

4.

Office and commercial uses with a gross floor area of less than 5,000 square feet may be required to provide one Type A loading space when the Director deems it appropriate to prevent traffic congestion in the parking lot or adjacent streets and highways.

D.

"No Idling" Sign Required. Where loading spaces are required by this Section, the loading area shall include at least one sign stating that vehicle idling shall be limited to five minutes. Graphics related to the vehicle idle limitation are permitted on said sign. Said sign shall be a minimum size of 12 inches wide by 18 inches in height and shall be prominently displayed and visible from the loading spaces. Said sign may contain language such as "5 minute idle limit," "spare the air," "please turn engine off when stopped," "turn engine off," or similar.

(Ord. 2019-0004 § 1, 2019.)

22.112.130 - Reduction in Required Parking Spaces When Providing Transportation Demand Management Measures for Multi-Family Residential Developments.

A.

Eligibility Requirements for a Parking Reduction. For multi-family residential developments, the parking requirements for residential uses in accordance with Section 22.112.070, above, may be reduced by 25 percent if the site plan includes multiple on-site Transportation Demand Management (TDM) measures selected from Table 22.112.130-A, below, with a combined point value of five or greater, or reduced by 50 percent with a combined point value of 10 or greater. A TDM-based parking reduction shall require approval of a Ministerial Site Plan Review (Chapter 22.186) application.

e, may be reduced by 25 percent if the site plan includes multiple on-site Transportation Demand Management (TDM) measures selected from Table 22.112.130-A, below, with a combined point value of five or greater, or reduced by 50 percent with a combined point value of 10 or greater. A TDM-based parking reduction shall require approval of a Ministerial Site Plan Review (Chapter 22.186) application.

B.

Development Standards for Residential Developments with TDM Measures.

1.

Each residential development shall post a display of approved TDM measures in a common and accessible space, such as a lobby, where all residents can view the document.

2.

A list of the approved TDM measures shall be provided to each owner and/or tenant as part of purchase or leasing documents.

C.

In the event an approved TDM measure, which contributes to a multi-family property's minimum TDM points, no longer applies or is in effect, the owner of the multi-family residential development shall substitute another TDM option of equal or greater value in points.

(Ord. 2024-0036 § 10, 2024.)

Shared parking requests shall be approved with a Ministerial Site Plan (Chapter 22.186) application if the applicant provides a parking study demonstrating adequate parking availability (not deficit in the number of parking spaces available in the shared parking facility), during typical peak times for the land uses which the shared parking facility is currently serving and during typical peak parking conditions for the multifamily development the parking facility proposes to serve. Parking adequacy (the number of available spaces) will be defined methodologically by the most recent edition of Shared Parking by the Urban Land Institute and International Council of Shopping Centers or another parking demand modeling methodology used by a firm or individual that demonstrates a minimum of five years' experience performing shared parking studies. This methodology may include actual parking occupancy counts for the existing land uses in the shared parking facility during the identified peak times. Shared parking between multiple owners shall require a written covenant, pursuant to Section 22.112.050 (Ownership of Required Parking Facilities). Offsite shared parking may be provided according to the limitations detailed in Section 22.112.060 (On-Site Parking).

(Ord. 2024-0036 § 11, 2024.)

Chapter 22.114 - SIGNS

This Chapter establishes comprehensive sign regulations for effectively regulating the placement, erection, and maintenance of signs in the unincorporated area of the County. These regulations are intended to provide equitable standards for the protection of property values, visual aesthetics, and the public health, safety, and general welfare while still providing ample opportunities for businesses and the visual advertising industry to operate successfully and effectively.

(Ord. 2019-0004 § 1, 2019.)

A.

Use Restrictions. A person shall not use any sign in any zone except as specifically permitted in this Title 22 and subject to all regulations and conditions enumerated in this Title 22.

B.

Application Requirements.

1.

A Ministerial Site Plan Review (Chapter 22.186) application shall be required for the following types of signs:

a.

Building identification signs.

b.

Directional or informational signs.

c.

Freestanding business signs, except as specified in Subsection B.2.a, below.

d.

Portable advertising signs.

e.

Projecting business signs.

f.

Roof signs.

g.

Temporary subdivision sales, entry, and special feature signs.

h.

Wall business signs.

2.

A Minor Conditional Use Permit (Chapter 22.158) application shall be required for the following types of signs:

a.

Freestanding business signs as specified in Section 22.114.120.H.3.a.

3.

A Conditional Use Permit (Chapter 22.160) application shall be required for the following types of signs:

a.

Outdoor advertising signs.

b.

Subdivision directional signs.

No separate application is required for all other types of signs not listed in Subsection B.1 through B.3, above.

(Ord. 2022-0008 § 85, 2022; Ord. 2019-0004 § 1, 2019.)

The provisions of this Title 22 regulating signs shall not apply to the following signs except as otherwise indicated herein:

A.

Official notices issued by any court, public body, or public officer.

B.

Notices posted by any public officer in performance of a public duty, or for any person in giving legal notice.

C.

Traffic, directional, warning, or informational signs required or authorized by the public authority having jurisdiction.

D.

Official signs used for emergency purposes only.

E.

Permanent memorial or historical signs, plaques, or markers.

F.

Public utility signs, provided such signs do not exceed three square feet in area.

(Ord. 2019-0004 § 1, 2019.)

The following signs shall be prohibited in all zones:

A.

Signs which contain or utilize:

1.

Any exposed incandescent lamp with a rated wattage in excess of 40 watts.

Any exposed incandescent lamp with an internal metallic reflector.

3.

Any exposed incandescent lamp with an external metallic reflector.

4.

Any revolving beacon light.

5.

Any continuous or sequential flashing operation, other than signs displaying time of day, atmospheric temperature or having programmable electronic messages, in which:

a.

More than one-third of the lights are turned on or off at one time; or

b.

The operation is located less than 100 feet on the same side of the street or highway from any Residential or Agricultural Zone.

6.

Any system for display of time of day, atmospheric temperature or programmable electronic messages in which:

a.

The proposed display has any illumination which is in continuous motion or which appears to be continuous motion;

b.

The message is changed at a rate faster than one message every four seconds;

c.

The interval between messages is less than one second;

d.

The intensity of illumination changes; or

e.

The display is located less than 100 feet on the same side of the street or highway from any Residential or Agricultural Zone.

B.

Revolving signs, all or any portion of which rotate at a speed exceeding six revolutions per minute.

C.

Signs advertising or displaying any unlawful act, business, or purpose.

D.

Devices dispensing bubbles and free-floating particles of matter.

E.

Any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public which any person posts, prints, sticks, stamps, tacks, or otherwise affixes, or causes the same to be done to or upon any street, right-of-way, public sidewalk, crosswalk, curb, lamppost, hydrant, tree, telephone pole, or lighting system, or upon any fixture of the police or fire alarm system of the County.

F.

Any strings of pennants, banners or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons, and similar attention-getting devices, including noise-emitting devices, with the exception of the following:

1.

National, state, local governmental, institutional, or corporate flags, properly displayed; and

2.

Holiday decorations, in season, used for an aggregate period of 60 days in any one calendar year.

G.

Devices projecting or otherwise reproducing the image of a sign or message on any surface or object.

H.

Signs emitting or amplifying sounds for the purpose of attracting attention.

I.

Portable signs, except as otherwise specifically permitted by this Title 22.

J.

Temporary signs, except as otherwise specifically permitted by this Title 22.

(Ord. 2019-0004 § 1, 2019.)

The following regulations apply to all signs in any zone:

A.

In no case shall a lighted sign or lighting device thereof be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

B.

Outdoor advertising signs may be either single or double-faced, except as otherwise provided in this Title 22, provided that if double-faced the distance between the faces of such signs shall not exceed 48 inches.

C.

Signs, except outdoor advertising signs, may be single-, double-, or multi-faced, provided that:

1.

The distance between the faces of any double-faced sign, other than a V-shaped projecting sign, shall not exceed 36 inches; and

2.

The separation between the intersecting faces of any multi-faced sign or a double-faced projecting sign shall not exceed 12 inches.

D.

Any sign located on vacant and unoccupied property, and which was erected for an occupant or business unrelated to the present occupant or business, or any sign which pertains to a time, event or purpose which no longer exists, shall be removed within 90 days after the purpose for, or use utilizing, such sign has been removed from such property.

E.

Any permitted sign may be a changeable-copy sign.

F.

All signs shall be designed in the simplest form and lie free of any bracing, angle-iron, guy wires, cables, or similar devices.

G.

The exposed backs of all signs visible to the public shall be suitably covered, finished, and properly maintained.

H.

All signs shall be maintained in good repair, including display surfaces, which shall be kept neatly painted or posted.

I.

Any sign which does not conform to the provisions of this Title 22 shall be made to conform or shall be removed as provided in Subsections B.1.d and B.2 of Section 22.172.050.

J.

Except where otherwise specifically provided by this Title 22, sign regulations established pursuant to this Chapter shall not apply to signs within a building, arcade, court, or other similarly enclosed area where such signs are not visible to the public without entering such facilities.

K.

The height of all signs shall be measured from the highest point of the sign, exclusive of any part of the sign not included in area calculations.

(Ord. 2019-0004 § 1, 2019.)

22.114.060 - Surface Area—Computation.

The surface area of any sign face shall be computed from the smallest rectangles, circles, and/or triangles which will enclose all words, letters, figures, symbols, designs, and pictures, together with all framing background material, colored or illuminated areas, and attention-attracting devices forming an integral part of the overall display, but excluding all support structures, except that:

A.

Superficial ornamentation and/or symbol-type appendages of a non-message-bearing character which do not exceed five percent of the surface area shall be exempted from computation; and

B.

Wall signs painted on, or affixed directly to, a building wall, facade, or roof, and having no discernible boundary, shall have the areas between letters, words intended to be read together, and any device intended to draw attention to the sign message included in any computation of surface area; and

C.

Signs placed in such a manner, or bearing a text, as to require dependence upon each other to convey meaning shall be considered one sign and the intervening areas between signs included in any computation of surface area; and

D.

Spherical, cylindrical, or other three-dimensional signs not having conventional sign faces shall be considered to have two faces and the area of each sign face shall be computed from the smallest threedimensional geometrical shape or shapes which will best approximate the actual surface area of said faces.

(Ord. 2019-0004 § 1, 2019.)

Outdoor advertising signs may be erected and maintained in Zones C-MJ, M-1, M-1.5, M-2, and M-3 provided a Conditional Use Permit (Chapter 22.158) has first been obtained and subject to all of the following conditions of use:

A.

That the total sign face of such signs shall not exceed 800 square feet.

B.

That the height of such signs shall not exceed 42 feet measured from the ground level at the base of the sign.

C.

That such signs having a total sign face of:

1.

More than 150 square feet shall not be erected or maintained within:

a.

500 feet of an outdoor advertising sign having a total sign face greater than 150 square feet; or

b.

200 feet of an outdoor advertising sign having a total sign face greater than 80 square feet but not exceeding 150 square feet; or

c.

100 feet of any other outdoor advertising sign located on the same side of the street or highway; or

2.

More than 80 square feet, but not exceeding 150 square feet, shall not be erected or maintained within:

a.

200 feet of an outdoor advertising sign having a total sign face greater than 80 square feet; or

b.

100 feet of any other outdoor advertising sign located on the same side of the street or highway.

80 square feet or less shall not be erected or maintained within 100 feet of any outdoor advertising sign located on the same side of the street or highway.

D.

That such sign shall not be permitted having a message face visible from and within a distance of 660 feet of the edge of right-of-way of a freeway or scenic highway, measured horizontally along a line normal or perpendicular to the centerline of such freeway or scenic highway, if designed to be viewed primarily by persons traveling thereon.

E.

That such signs shall not be permitted on a roof and that not more than 15 percent of the length of the structure of a freestanding sign shall extend over a roof.

F.

That such signs shall not be permitted to encroach over public rights-of-way.

G.

That such signs shall not be permitted within 200 feet of a Residential Zone located on the same side of the street or highway.

H.

Tobacco Advertising Prohibited in Certain Areas of the County.

1.

No person shall place or cause to be placed any advertisement for cigarettes or other tobacco products on any outdoor advertising sign within a Residential or Agricultural Zone, or within 1,000 feet of the premises of any school, park, playground, recreational facility, youth center, child care center, entertainment park, or church.

2.

This Subsection H shall not apply to outdoor advertising signs located on property adjacent to, and designed to be viewed primarily by, persons traveling on a freeway.

3.

The distances specified in this Subsection shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising sign to the nearest property line of a use or zone listed above.

4.

This Subsection shall be administered and enforced by the Department. The Department shall create and update a detailed map of the County, showing the location and boundaries of all schools, parks,

playgrounds, recreational centers and facilities, youth centers, child care centers, entertainment parks, and churches, and the corresponding 1,000-foot radii within which tobacco product advertising is prohibited. The Department shall also develop guidelines, as appropriate, to ensure proper implementation and enforcement of this Subsection. Nothing contained in this Subsection shall be interpreted or enforced in such a manner as to constitute a compensable limitation on the use of any advertising display pursuant to Business and Professions Code Section 5412. The Department may enter into agreements with appropriate departments to enforce this Subsection.

I.

Alcoholic Beverage Advertising Prohibited in Certain Areas of the County.

1.

No person shall place or cause to be placed any advertisement for alcoholic beverages on any outdoor advertising sign within a Residential or Agricultural Zone, or within 1,000 feet of the premises of any school, park, playground, recreational facility, youth center, child care center, entertainment park, or church.

2.

This Subsection I shall not apply to outdoor advertising signs located on property adjacent to, and designed to be viewed primarily by, persons traveling on a freeway.

3.

The distances specified in this Subsection shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising sign to the nearest property line of a use or zone listed above.

4.

This Subsection shall be administered and enforced by the Department. The Department shall create and update a detailed map of the County, showing the location and boundaries of all schools, parks, playgrounds, recreational centers, and facilities, youth centers, child care centers, entertainment parks, and churches, and the corresponding 1,000-foot radii within which alcoholic beverage advertising is prohibited. The Department shall also develop guidelines, as appropriate, to ensure proper implementation and enforcement of this Subsection. Nothing contained in this Subsection shall be interpreted or enforced in such a manner as to constitute a compensable limitation on the use of any advertising display pursuant to Business and Professions Code Section 5412. The Department may enter into agreements with appropriate departments to enforce this Subsection.

J.

Advertising Adult Telephone Messages Prohibited in Certain Areas of the County.

1.

No person shall place or cause to be placed any advertisement for live or recorded telephone messages containing any harmful matter, as defined in Section 313 of the Penal Code, on any outdoor advertising

sign within a Residential or Agricultural Zone, or within 1,000 feet of the premises of any school, park, playground, recreational facility, youth center, child care center, entertainment park, or church.

2.

This Subsection J shall not apply to outdoor advertising signs located on property adjacent to, and designed to be viewed primarily by, persons traveling on a freeway.

3.

The distances specified in this Subsection shall be measured in a straight line, without regard to intervening structures, from the nearest point of the outdoor advertising sign to the nearest property line of a use or zone listed above.

4.

This Subsection shall be administered and enforced by the Department. The Department shall create and update a detailed map of the County, showing the location and boundaries of all schools, parks, playgrounds, recreational centers and facilities, youth centers, child care centers, entertainment parks, and churches, and the corresponding 1,000-foot radii within which adult telephone messages advertising is prohibited. The Department shall also develop guidelines, as appropriate, to ensure proper implementation and enforcement of this Subsection. Nothing contained in this Subsection shall be interpreted or enforced in such a manner as to constitute a compensable limitation on the use of any advertising display pursuant to Business and Professions Code Section 5412. The Department may enter into agreements with appropriate departments to enforce this Subsection.

(Ord. 2019-0004 § 1, 2019.)

Editor's note— Ords. 98-0023—98-0025, which enacted Subsections H—J of Section 22.114.070, are operative on January 10, 1999.

22.114.080 - Portable Outdoor Advertising Signs—Conditions.

A.

Portable outdoor advertising signs may be placed and maintained in conformance with the provisions of Section 22.114.070 (Outdoor Advertising Signs-Conditions) as well as the following additional conditions of use:

1.

That such signs shall be placed in compliance with the provisions of this Chapter;

2.

That placement of such signs shall not constitute a potential hazard to pedestrian or vehicular traffic, or be placed in any area where the erection of buildings or structures is prohibited;

That such signs shall not be placed within a public right-of-way; and

4.

That an official site-approval card shall be visibly attached to the sign during its placement at the approved location.

B.

No person shall place or grant permission to place a portable outdoor advertising sign unless an approval has been obtained and an official site-approval card is displayed on such sign or trailer. Placement of a portable outdoor advertising sign in violation of this provision shall cause such sign to be deemed a public nuisance pursuant to Section 22.242.040 (Public Nuisance).

(Ord. 2019-0004 § 1, 2019.)

22.114.090 - Business Signs—In Agricultural and Special Purpose Zones.

Business signs are permitted in Zones A-1, A-2, O-S, P-R, B-1, and W, subject to the following restrictions:

A.

Number and Area Permitted. Signs shall comply with Table 22.114.090-A, below, for maximum number of signs per lot and area permitted:

B.

Height and Projection Permitted. Signs shall comply with Table 22.114.090-B, below, for height and projection permitted.

C.

Location of Signs.

1.

Freestanding business signs shall not:

a.

Be placed on any property nearer than 25 feet to a lot line, other than one adjoining a street or highway;

b.

Be placed within a required front or corner side yard nearer than 10 feet to the highway line of the adjacent street, highway, or parkway.

2.

No projecting business sign shall be placed on any building nearer to the corner of such building than a distance equal to 25 percent of the length of such building wall.

D.

Movement. Signs shall not rotate, move, or simulate motion in any way.

E.

Lighting. Signs may be internally or externally lighted provided:

1.

That in Zones A-1, A-2, O-S, or P-R, no exposed incandescent lamp used shall exceed a rated wattage of 25 watts; and

2.

That any continuous or sequential flashing operation is prohibited.

F.

Sign Content. In Zone B-1, such signs may relate to business uses in an adjoining zone located on the same lot.

G.

Alternative Signing.

1.

Where a zone boundary divides a lot so that:

a.

A P-R or B-1 Zone separates commercial or industrial property from a street or highway upon which said property would otherwise front, such P-R or B-1 Zone may be considered as a part of the Commercial or Industrial Zone for purposes of determining the number, sign area, and location of freestanding business signs permitted on that specific frontage; or

b.

A P-R or B-1 Zone and a Commercial or Industrial Zone front on the same street or highway, said P-R or B- 1 Zone may be considered as a part of the Commercial or Industrial Zone for the purpose of determining the number, sign area, and location of freestanding business signs permitted on that specific frontage; provided, however, that such sign or signs shall not be erected in the P-R or B-1 Zone.

2.

In all such instances, the signing permitted by this Subsection G shall be in lieu of the signing permitted in the P-R or B-1 Zone by this Section.

(Ord. 2022-0008 § 86, 2022; Ord. 2019-0004 § 1, 2019.)

22.114.100 - Business Signs—In Commercial and Industrial Zones.

Business signs are permitted in Zones C-H, C-1, C-2, C-3, C-M, C-MJ, C-R, R-R, M-1, M-1.5, M-2, M-2.5, M-3, C-RU, MXD-RU, and MXD, subject to the restrictions set out in Sections 22.114.110 (Wall Business Signs) through 22.114.150 (Temporary Window Signs).

(Ord. 2019-0004 § 1, 2019.)

22.114.110 - Wall Business Signs.

A.

Area Permitted.

1.

Each ground-floor business establishment fronting on and/or oriented toward one or more public street, highway, or parkway shall be permitted:

a.

In Zones R-R, C-H, C-1, and MXD-RU, a maximum of two square feet of wall sign area for each one linear foot of building frontage; and

b.

In Zones C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, C-RU, and MXD, a maximum of three square feet of wall sign area for each one linear foot of building frontage.

2.

Where a ground-floor business establishment fronts only on a parking lot, alley, open mall, landscaped open space or other public way, the exterior building wall facing such parking lot, alley, open mall, landscaped open space, or other public way shall be considered a building frontage for purposes of computing permitted wall sign area.

3.

A ground-floor business establishment having entrances intended for and regularly utilized by the public on the side of a building not considered to be building frontage by this Section shall be permitted one wall sign on each such side, provided the sign does not exceed one-half the sign area permitted on the building frontage of said business. Where a business has more than one building frontage recognized by this Section, an average of the permitted sign areas shall be used in computation.

4.

Any building containing business establishments which front only on an interior mall having a limited number of entrances, shall be considered a single establishment for the purpose of computing the wall sign area permitted on the exterior walls of such building.

5.

In all cases, permitted sign area shall be used only on the side of the building for which it was calculated.

6.

In all listed zones, each ground-floor business establishment shall be permitted a minimum sign area of 20 square feet for each building frontage.

7.

In all listed zones, each business establishment located on the second floor and facing the street or highway shall be permitted a maximum of 10 square feet of sign area.

8.

In all listed zones, each business establishment located on the ground or second floor having no building frontage shall be permitted a maximum of two square feet of sign area facing the street or highway.

B.

Steep Sloping Roofs. That portion of any actual or false roof varying 45 degrees or less from a vertical plane may be considered an extension of the building wall for the purpose of wall business-sign placement.

C.

Height Permitted. Wall business signs shall not extend above:

1.

The highest point, exclusive of any roof structures, of that portion of a false or actual roof having a slope of 45 degrees or less from the vertical plane;

2.

The highest point of a parapet wall, except that such sign may extend one-third of its height or five feet, whichever is less, above a parapet wall, provided that a new parapet line, approximately parallel to the existing parapet line, is established for at least 80 percent of the building frontage; or

3.

The lowest point of a sloping roof, except that such sign may extend four feet above the eave line, provided that a new eave line approximately parallel to the existing eave line is established for at least 80 percent of the building frontage.

D.

Projection Permitted. Wall business signs shall not project more than 18 inches from the building wall or permanent roofed structure to which they are attached.

E.

Lighting. Wall business signs may be internally or externally lighted.

(Ord. 2019-0004 § 1, 2019.)

22.114.120 - Roof and Freestanding Business Signs.

A.

Frontage. Roof and freestanding business signs shall be permitted on any lot for each street or highway frontage having a continuous distance of 100 feet or more. Such signs shall also be permitted as provided in Subsection H, below.

B.

Area Permitted.

a.

Except as otherwise provided in this Section, the maximum roof and freestanding business sign area that shall be permitted for each street or highway frontage or for each combination of frontages considered to be a single frontage under either Subsections H.1 or H.2, below, is:

i.

In Zones R-R, C-H, C-1, and MXD-RU, 50 square feet plus one-fourth square foot of sign area for each one foot of street or highway frontage in excess of 100 feet.

ii.

In Zones C-2, C-3, C-M, C-MJ, C-R, M-1, M-2, M-3, M-1.5, M-2.5, and C-RU, 150 square feet plus threefourths square foot of sign area for each one foot of street or highway frontage in excess of 100 feet.

b.

Where the locational requirements of this Section allow additional freestanding or roof business signs on the same frontage, sign area allocated for each sign may be in any proportion, provided that the sum does not exceed the maximum permitted sign area established herein for a specific frontage or combination of frontages, and that they conform to all other requirements of this Section.

2.

If a sign has two or more faces, the maximum total sign area that shall be permitted is twice the sign area permitted for that sign.

3.

Except for freeway-oriented signs as otherwise provided in this Section, permitted freestanding and roof sign area shall be used only for signs oriented to be viewed primarily on and/or along the street or highway frontage or combination of street or highway frontages from which said permitted area has been calculated.

C.

Height Permitted. Signs shall comply with Table 22.114.120-A, below, for height permitted.

height of the sign exceed 25 feet above the roof at that point[1]

1. No roof business sign shall extend below the lowest point of a roof or the highest point of a parapet wall.

D.

Location of Signs.

1.

In Zones R-R, C-H, C-1, and MXD-RU, no roof or freestanding business sign shall be located on any property nearer to a lot line, other than one adjoining a street or highway, than a distance equal to 25 feet plus one foot for every one square foot of sign area in excess of 50 square feet.

2.

In Zones C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, and C-RU, no roof or freestanding business sign shall be located on any property nearer to a lot line, other than one adjoining a street or highway, than a distance equal to 25 feet plus one foot for every three square feet of sign area in excess of 150 square feet.

3.

In Zones R-R, C-H, C-1, and MXD-RU, no roof or freestanding business sign shall be located nearer to any other freestanding or roof business sign on the same frontage on the same lot or parcel of land than a distance equal to 100 feet plus one foot for each one square foot of the largest sign's computed sign area in excess of 25 square feet to a maximum of 200 feet.

4.

In Zones C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, and C-RU, no roof or freestanding business sign shall be located nearer to any other freestanding or roof business sign on the same frontage on the same lot or parcel of land than a distance equal to 100 feet plus one foot for each three square feet of the largest sign's computed area in excess of 75 square feet to a maximum of 200 feet.

E.

Projection.

1.

Freestanding business signs shall not project over the roof of any building or structure more than one-third of their length.

2.

Roof and freestanding business signs which project over public rights-of-way are subject to Title 26 (Building Code) of the County Code.

F.

Movement. One rotating or revolving freestanding business sign is permitted per premises, provided that:

1.

Such sign may not rotate at a rate of more than six revolutions per minute; and

2.

A premises having such a sign may have no other freestanding or roof signs.

3.

The permitted area of such sign shall be:

a.

In Zones R-R, C-1, C-H, and MXD-RU, 50 square feet plus one-eighth square foot of sign area for each one foot of street or highway frontage in excess of 100 feet; and

b.

In Zones C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, and C-RU, 150 square feet plus threeeighths square foot of sign area for each one foot of street or highway frontage in excess of 100 feet.

c.

If such sign has two or more faces, the maximum total sign area that shall be permitted is twice the sign area permitted.

G.

Lighting. Roof and freestanding business signs may be internally or externally lighted.

H.

Exceptions.

1.

If a lot is a corner lot, the distances of any two intersecting street or highway frontages may be combined and considered as a single frontage for the purpose of erecting and/or maintaining a roof or freestanding business sign adjacent to the corner formed by the intersecting street or highway frontages, provided that:

a.

The total combined distance of the two street or highway frontages is 100 feet or more;

b.

Where the locational requirements of this Section allow additional freestanding or roof signs on the combined frontage, the sum of the sign areas of all freestanding and roof signs intended to be viewed from each street or highway frontage so combined shall not exceed the maximum permitted sign area established for each such frontage if considered separately;

c.

No street or highway frontage shall be used in combination as described herein more than once;

d.

All street or highway frontages not used in combination as described herein shall be considered a separate frontage for purposes of computation; and

e.

Such sign or signs comply with all area, height, projection, movement and locational requirements established elsewhere in this Title 22.

2.

The street or highway frontages of two or more contiguous lots or parcels of land may be combined and considered as a single frontage for the purpose of jointly erecting and/or maintaining one roof or one freestanding business sign, provided that:

a.

The combined street or highway frontage is 100 feet or more;

b.

Such lots of land share a common street or highway frontage;

c.

Such sign complies with all area, height, projection, movement and locational requirements established elsewhere in this Title 22; and

d.

If one such lot is a corner lot, only frontage along the street or highway common to all lots so combined shall be used in these computations and all other frontages shall be considered separately.

3.

a.

A Minor Conditional Use Permit (Chapter 22.160) application is required for one freestanding sign on a lot having less than 100 feet of continuous street of highway frontage, provided that the following additional findings are made:

i.

That no roof or freestanding business sign currently exists on the subject property;

ii.

That it is not feasible for the applicant to combine the street or highway frontage of said property with the frontage of one or more contiguous properties in order to comply with the minimum frontage requirement pursuant to Subsection B.1, above;

iii.

That surrounding buildings, structures, or topographical features would substantially obstruct the visibility of a projecting or wall sign as permitted by this Chapter for a distance of 100 feet on one or both sides of such sign, measured along the centerline of the street or highway upon which such property fronts;

iv.

That the requested sign is necessary for the effective identification of business located on said premises;

v.

That the requested sign will not obscure or significantly detract from existing legal signing located on surrounding properties;

vi.

That the requested sign does not constitute a detriment to public health, safety, and welfare; and

vii.

That the requested sign is in compliance with all other provisions of this Title 22.

b.

If the obstruction referred to in Subsection H.3.a.iii, above, is a nonconforming sign, the Commission or Hearing Officer shall require, as a condition of approval, that the proposed sign be removed no later than the date specified by this Title 22 for removal of the nonconforming sign. Such date for removal shall not be extended except in the instance where the amortization period for said nonconforming sign has been extended by the approval of an application for Nonconforming Use and Structure Review (Chapter 22.172). In such instance, the new removal date shall not extend beyond the new amortization period established for said nonconforming sign.

c.

The maximum permitted area of such sign shall be in the following ratio:

i.

In Zones R-R, C-H, C-1, and MXD-RU, one-half square foot of sign area for each one foot of street or highway frontage;

ii.

In Zones C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, and C-RU, one and one-half square feet of sign for each one foot of street or highway frontage; and

iii.

If such sign has two or more faces, the maximum total sign area that shall be permitted is twice the sign area permitted.

4.

A Minor Conditional Use Permit (Chapter 22.160) application may approve one or more of the following modifications for freeway-oriented business signs which are located within 660 feet of the edge of the rightof-way of a freeway, measured horizontally along a line normal or perpendicular to the center of such freeway, and within a radius of 1,500 feet of a freeway exit providing access to the premises on which the sign is to be maintained:

a.

Modification of the permitted height of one such freestanding or roof business sign per lot to a maximum height of 60 feet, provided that the Commission or Hearing Officer makes the following additional finding:

That such sign would otherwise not be visible at a lesser height for a distance on the freeway of one-third mile (1,760 feet) preceding the freeway exit providing access to said premises, or for a line-of-sight distance of two-thirds mile (3,520 feet), whichever is less.

b.

Location of one such freestanding business sign per lot to within five feet of an interior lot line and to within 25 feet of a roof business sign or another freestanding business sign on the same or adjoining properties, provided that the Commission or Hearing Officer makes the following additional findings:

i.

That such sign is at least 50 feet from any lot line adjoining a street or highway or 25 feet from a Residential Zone;

ii.

That all other freestanding and/or roof business signs shall be oriented toward the street or highway frontages from which their permitted areas are calculated; and

iii.

That the sum of the sign areas of such sign and all other freestanding and roof business signs shall not exceed the maximum sign area permitted on all street or highway frontages of such lot.

(Ord. 2019-0004 § 1, 2019.)

22.114.130 - Projecting Business Signs.

A.

Area Permitted.

1.

Each ground-floor business may substitute projecting business sign area for wall sign area on the basis of one-half square foot of permitted projecting sign area for each one square foot of permitted wall sign area. There shall be a corresponding reduction in the permitted area for wall signs.

2.

If a projecting business sign has two or more faces, the maximum total sign area that shall be permitted is twice the sign area permitted for that sign.

3.

Permitted sign area shall be used only on the side of the building for which it was calculated, except where permitted at the corner of a building. Where a projecting business sign is located at the corner of two intersecting building frontages, such sign shall not exceed the permitted projecting business sign area of the smallest frontage, and there shall be a corresponding reduction in the permitted projecting business sign area of both frontages.

B.

Height Permitted. Projecting business signs shall not extend above:

1.

The highest point of a parapet wall, except that such sign may extend one-third of its height or five feet, whichever is less, above a parapet wall, provided that a new parapet line, approximately parallel to the existing parapet line, is established for at least 80 percent of the building frontage; or

2.

The lowest point of a sloping roof, except that such sign may extend four feet above the eave line, provided that a new eave line, approximately parallel to the existing eave line, is established for at least 80 percent of the building frontage.

C.

Projection Permitted.

1.

Projecting business signs shall not project beyond the face of the building in excess of the limitations set forth in Figure 22.114.130-A, below, provided, however, that:

a.

Signs projecting over public rights-of-way are subject to Title 26 (Building Code) of the County Code; and

b.

At street corners, signs may project the maximum distance measured at an angle of 45 degrees.

2.

Such signs shall not project into any alley or parking area when located below a height of 14 feet, nor shall such sign project more than one foot when located above a height of 14 feet over such alley or parking area.

3.

The width of a projecting business sign shall not be in excess of the limitations set forth in Figure 22.114.130-B, below, and V-shaped signs shall not exceed projecting allowed for projecting sign for corresponding clearance.

D.

Movement. Projecting business signs shall not rotate, move, or simulate motion in any way.

E.

Location. No projecting business sign shall be:

1.

Located on any building nearer to another business establishment located in the same building, or in a separate building if separated by less than 25 feet, than a distance equal to 25 percent of the length of such business establishment;

2.

Located within 50 feet of any other projecting business sign of the same business on any frontage or frontages where such sign is visible; or

3.

Located on the same lot as a roof or freestanding business sign of the same business.

F.

Lighting. Projecting business signs may be internally or externally lighted.

FIGURE 22.114.130-A: ALLOWABLE CLEARANCE AND PROJECTION FROM BUILDING FACE FOR PROJECTING SIGNS

==> picture [323 x 360] intentionally omitted <==

FIGURE 22.114.130-B: ALLOWABLE THICKNESS OF PROJECTING SIGNS OVER PROPERTY OR BUILDING LINE

==> picture [300 x 86] intentionally omitted <==

(Ord. 2019-0004 § 1, 2019.)

A.

Each business establishment shall be permitted incidental business signs, provided:

1.

That such signs are wall signs or are attached to an existing freestanding sign structure;

That such signs do not exceed three feet in sign area or six square feet in total sign area; and

3.

That the sum of the sign areas of all such signs does not exceed 10 square feet.

B.

Such signs may be internally or externally lighted, but any continuous or sequential flashing operation is prohibited.

C.

This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater numbers where otherwise permitted by this Title 22, and computed as part of the sign area permitted for business signs as provided in Sections 22.114.110 (Wall Business Signs) through 22.114.150 (Temporary Window Signs).

(Ord. 2019-0004 § 1, 2019.)

Each business establishment shall be permitted temporary window signs, provided that such signs do not exceed 25 percent of the area of any single window or of adjoining windows on the same frontage. This provision is not intended to restrict signs utilized as part of a window display of merchandise when such signs are incorporated within such display and located not less than one foot from such windows.

(Ord. 2019-0004 § 1, 2019.)

Building identification signs are permitted in all zones, except Zones B-1 and B-2, subject to the following restrictions:

A.

Area Permitted.

1.

In Zones R-1, R-2, R-A, A-1, A-2, O-S, R-R, and W, one wall-mounted sign, not to exceed one square foot in sign area, shall be permitted per principal use.

2.

In Zones R-3, R-4, and R-5, one wall-mounted sign, not to exceed six square feet in sign area, shall be permitted per principal use.

3.

In Zones C-H, C-1, C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, C-RU, MXD-RU, MXD, P-R, and W, one wall-mounted sign shall be permitted per principal use provided:

a.

Such sign does not exceed six square feet in sign area where located less than 30 feet above ground level, measured at the base of the building below said sign; or

b.

Such sign does not exceed two percent of the exterior wall area of the building wall on which it is mounted, excluding penthouse walls, where located more than 30 feet above ground level measured at the base of the building below said sign.

4.

This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater number where otherwise permitted by this Title 22, and computed as part of the sign area permitted for business signs as provided in Sections 22.114.110 (Wall Business Signs) through 22.114.150 (Temporary Window Signs).

B.

Height Permitted. Such signs shall not extend above the highest point of a parapet wall or the lowest point of a sloping roof.

C.

Lighting. Such signs may be internally or externally lighted, provided:

1.

That any continuous or sequential flashing operation is prohibited; and

2.

That in Zones R-1, R-2, R-3, R-4, R-5, R-A, A-1, A-2, O-S, R-R, and W, no exposed incandescent lamp used shall exceed a rated wattage of 25 watts.

(Ord. 2022-0008 § 87, 2022; Ord. 2019-0004 § 1, 2019.)

Temporary real estate signs are permitted in all zones subject to the following restrictions:

A.

Area Permitted.

In Zones R-1, R-2, R-A, A-1, A-2, O-S, R-R, and W, one wall-mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided:

a.

That such sign does not exceed six square feet in sign area or 12 square feet in total sign area on any street or highway frontage of 100 feet or less; and

b.

That such sign does not exceed 32 feet in sign area or 64 square feet in total sign area on any lot having a street or highway frontage greater than 100 feet.

2.

In Zones R-3, R-4, R-5, and P-R, one wall-mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided:

a.

That such sign does not exceed 12 square feet in sign area or 24 square feet in total sign area on any frontage of 100 feet or less; and

b.

That such sign does not exceed 48 square feet in sign area or 96 square feet in total sign area on any lot having a street or highway frontage greater than 100 feet.

3.

In Zones C-H, C-1, C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, B-1, C-RU, MXD-RU, and MXD, one wall-mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided:

a.

That such sign does not exceed 48 square feet in sign area or 96 square feet in total sign area on any frontage of 100 feet or less; and

b.

That such sign does not exceed 48 square feet in sign area plus an additional one-half square foot in sign area for each one foot of street or highway frontage in excess of 100 feet, to a maximum sign area of 100 square feet or an amount equal to twice the permitted sign area in total sign area.

B.

Height Permitted.

1.

Wall-mounted real estate signs shall not extend above the highest point of a parapet wall or the lowest point of a sloping roof.

2.

Freestanding real estate signs shall not exceed the following maximum heights:

a.

In Zones R-1, R-2, R-3, R-4, R-5, R-A, A-1, A-2, O-S, R-R, and W, eight feet measured vertically from ground level at the base of the sign; and

b.

In Zones C-H, C-R, C-1, C-2, C-3, C-M, C-MJ, M-1, M-1.5, M-2, M-2.5, M-3, B-1, C-RU, MXD-RU, and MXD, 16 feet measured vertically from ground level at the base of the sign.

C.

Location of Signs.

1.

Freestanding real estate signs may be placed in required front yards, provided such signs are located not less than 10 feet from the highway line.

2.

Freestanding real estate signs shall not be placed nearer to a lot line, other than one adjoining a street or highway, than 10 feet.

D.

Lighting.

1.

Signs in Zones R-1, R-2, R-3, R-4, R-5, R-A, A-1, A-2, O-S, R-R, W, and P-R shall be unlighted.

2.

Signs in Zones C-H, C-1, C-2, C-3, C-R, C-M, C-MJ, M-1, M-1.5, M-2, M 2.5, M-3, B-1, C-RU, MXD-RU, and MXD may be internally or externally lighted, but any continuous or sequential flashing operation is prohibited.

E.

Time Limit. All real estate signs shall be removed from the premises within 30 days after the property has been rented, leased, or sold.

(Ord. 2022-0008 § 88, 2022; Ord. 2019-0004 § 1, 2019.)

Temporary construction signs are permitted in all zones, subject to the following restrictions:

A.

Area Permitted.

1.

In Zones R-1, R-2, R-3, R-4, R-5, R-A, A-1, A-2, O-S, and W, one wall-mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided:

a.

That such sign does not exceed six square feet in sign area or 12 square feet in total sign area on any street or highway frontage of 100 feet or less; and

b.

That such sign does not exceed 32 square feet in sign area or 64 square feet in total sign area on any lot having a street or highway frontage greater than 100 feet.

2.

In Zones C-H, C-1, C-2, C-3, C-R, C-M, C-MJ, M-1, M-1.5, M-2, M-2.5, M-3, B-1, C-RU, MXD-RU, MXD, R-R, and P-R, one wall-mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided:

a.

That such sign does not exceed 48 square feet in sign area or 96 square feet in total sign area on any frontage of 100 feet or less; and

b.

That such sign does not exceed 48 square feet in sign area plus an additional one-half square foot in sign area for each one foot of street or highway frontage in excess of 100 feet to a maximum sign area of 100 square feet or an amount equal to twice the permitted sign area in total sign area.

B.

Height Permitted.

1.

Wall-mounted construction signs shall not extend above the highest point of a parapet wall or the lowest point of a sloping roof.

Freestanding construction signs shall not exceed the following maximum heights:

a.

In Zones R-1, R-2, R-3, R-4, R-5, R-A, A-1, A-2, O-S, and W, eight feet measured vertically from the base of the sign; and

b.

In Zones C-H, C-1, C-2, C-3, C-R, C-M, C-MJ, M-1, M-1.5, M-2, M-2.5, M-3, B-1, C-RU, MXD-RU, MXD, R-R, and P-R, 16 feet measured vertically from the base of the sign.

C.

Location of Signs.

1.

Construction signs shall be maintained only upon the site of the building or structure under construction, alteration or in process of removal.

D.

Lighting.

1.

Construction signs in Zones R-1, R-2, R-3, R-4, R-5, R-A, A-1, A-2, and O-S shall be unlighted.

2.

Construction signs in Zones C-H, C-1, C-2, C-3, C-R, C-M, C-MJ, M-1, M-1.5, M-2, M-2.5, M-3, B-1, C- RU, MXD-RU, MXD, R-R, and P-R, may be internally or externally lighted, but any continuous or sequential flashing operation is prohibited.

E.

Time Limit. All construction signs shall be removed from the premises within 30 days after the completion of construction, alteration or removal of the structure.

(Ord. 2022-0008 § 89, 2022; Ord. 2019-0004 § 1, 2019.)

22.114.190 - Directional or Informational Signs.

A.

Applicability. Free standing or wall-mounted directional or informational signs are permitted in Zones A-1, A-2, O-S, R-R, W, C-1, C-2, C-3, C-M, C-MJ, C-R, M-1, M-1.5, M-2, M-2.5, M-3, B-1, C-RU, MXD-RU, MXD, and P-R, subject to this Section.

B.

Development Standards. Directional or informational signs shall be permitted where there is a need based on the geographic location of the use or the access route to the use creates a need for directional or informational signs not satisfied by other signs permitted by this Title 22.

C.

Area Permitted. Directional or informational signs shall not exceed 12 square feet in sign area or 24 square feet in total sign area.

D.

Height Permitted.

1.

Wall-mounted directional or informational signs shall not extend above the highest point of a parapet wall or the lowest point of a sloping roof.

2.

Freestanding directional or informational signs shall not exceed the following maximum heights:

a.

In Zones A-1, A-2, O-S, R-R, and W, six feet measured vertically from the base of the sign; and

b.

In all other permitted zones, 12 feet measured vertically from the base of the sign.

E.

Location of Signs.

1.

In Zones A-1, A-2, O-S, R-R, and W, directional or informational signs may be located on-site and off-site, provided that where located within a front or corner side yard, such sign shall not be nearer than 10 feet to any street or highway upon which the property fronts; and

2.

In all other permitted zones, such signs shall be located on-site.

F.

Lighting. Directional or informational signs may be internally or externally lighted, provided:

1.

That any continuous or sequential flashing operation is prohibited; and

2.

That in Zones A-1, A-2, O-S, R-R, and W, no exposed incandescent lamp used shall exceed a rated wattage of 25 watts.

(Ord. 2022-0008 § 90, 2022; Ord. 2019-0004 § 1, 2019.)

The following special-purpose signs are permitted as provided in this Section:

A.

Community Identification Signs. Freestanding community signs are permitted in any zone at or near the entrance to an unincorporated community or city of the County, subject to the following restrictions:

1.

Area Permitted. Such signs shall not exceed 96 square feet in sign area or 192 square feet in total sign area.

2.

Height Permitted. Such signs shall not exceed a maximum height of 16 feet, measured vertically from the base of the sign.

3.

Lighting. Such signs may be internally or externally lighted, but any continuous or sequential flashing operation is prohibited.

4.

Design. Such signs will be architecturally related to the area in which they are located.

B.

Civic Organization Signs. Freestanding civic organization signs are permitted in any zone at or near the entrance to an unincorporated community or city of the County, subject to the following restrictions:

1.

Area Permitted. Such signs shall not exceed 50 square feet in sign area or 100 square feet in total sign area.

2.

Height Permitted. Such signs shall not exceed a maximum height of 15 feet, measured vertically from the base of the sign.

Lighting. Such signs shall be unlighted.

4.

Design. Such signs shall be architecturally related to the area in which they are located.

C.

Bulletin or Special-Event Signs. One freestanding or wall-mounted bulletin or special-event sign may be erected and maintained on each lot in any zone developed for a publicly owned, charitable, religious, or educational institution subject to the following restrictions:

1.

Area Permitted. Such sign shall not exceed 50 square feet in sign area or 100 square feet in total sign area.

2.

Height Permitted.

a.

A wall-mounted sign shall not extend above the highest point of a parapet wall or the lowest point of a sloping roof.

b.

A freestanding sign shall not exceed a maximum height of 15 feet, measured vertically from the base of the sign.

3.

Location of Sign. A freestanding sign shall not be located nearer than 25 feet to a lot line which does not adjoin a street or highway.

4.

Lighting. Such sign may be internally or externally lighted, provided that no exposed incandescent lamp used shall exceed a rated wattage of 25 watts in any Residential or Agricultural Zone, and that any continuous or sequential flashing operation is prohibited in all zones.

5.

Design. Such sign shall be architecturally related to the structure to which it is accessory.

D.

Fuel Pricing Signs. Fuel pricing signs are permitted for each business offering gasoline or other motor vehicle fuel for sale, subject to the following restrictions:

Types of Signs. Such signs shall be separate freestanding signs, panels mounted to freestanding sign structures, or combined freestanding business and fuel pricing signs.

2.

Area Permitted.

a.

One sign, not to exceed 30 square feet in sign area or 60 square feet in total sign area, shall be permitted for each street or highway frontage.

b.

If said business is located on a corner, one sign, not to exceed 60 square feet in sign area or 120 square feet in total sign area, shall be permitted at the corner in lieu of separate signs on each of the intersecting frontages.

c.

The area per sign face of a combined freestanding business and fuel pricing sign shall not exceed the sum of the permitted areas per sign face of the two merging signs. Nor shall the business portion of said sign exceed the area per sign face that would be permitted a business sign were it erected separately.

3.

Height Permitted.

a.

No separate freestanding sign shall exceed 15 feet in height at a corner or five feet in height elsewhere. Such height shall be measured vertically from the base of the sign.

b.

No combined business and fuel pricing sign, or no business sign to which fuel pricing panels are mounted, shall exceed the maximum permitted height of a freestanding business sign as established in Sections 22.114.110 (Wall Business Signs) through 22.114.150 (Temporary Window Signs).

4.

Location of Sign. No separate freestanding sign shall be located nearer to an existing freestanding sign or to a lot line, other than one adjoining a street or highway, than 25 feet.

5.

Lighting. Such signs may be internally or externally lighted.

(Ord. 2019-0004 § 1, 2019.)

22.114.210 - Temporary Subdivision Sales, Entry, and Special-Feature Signs.

Specific terms used in this Section are set forth in Division 2 (Definitions) under Section 22.14.190. Temporary subdivision sales and related entry and special-feature signs are permitted in all zones subject to the following restrictions:

A.

Subdivision Sales Signs.

1.

Area Permitted. One freestanding subdivision sales sign shall be permitted for each street or highway bordering the tract, provided:

a.

That such sign does not exceed 32 square feet in sign area or 64 square feet in total sign area where such tract contains 10 lots or less;

b.

That such sign does not exceed 64 square feet in sign area or 128 square feet in total area where such tract contains 11 to 19 lots; and

c.

That such sign does not exceed 96 square feet in sign area plus an additional one-half square foot in sign area for each one foot of street or highway frontage in excess of 500 feet, to a maximum sign area of 180 square feet, or an amount equal to twice the permitted sign area in total sign area, where such tract contains more than 20 lots.

2.

Height Permitted.

a.

Subdivision sales signs shall not exceed the following maximum heights:

i.

Eight feet, measured vertically from ground level at the base of the sign where such sign has a sign area of 64 square feet or less; and

ii.

Sixteen feet, measured vertically from the base of the sign where such sign is 65 square feet or greater in sign area.

b.

Where a wall is required along the street or highway frontage for which such sign is permitted, Subsection A.2.a, above, may be modified pursuant to Chapter 22.160 (Minor Conditional Use Permit).

3.

Location of Signs. All subdivision sales signs shall be located on the subdivision and shall be oriented to read from the street or highway for which said sign is permitted.

4.

Lighting. Subdivision sales signs may be internally or externally lighted, but any continuous or sequential flashing operation is prohibited.

5.

Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of three years from the date of issuance of the first building permit for the subdivision, whichever should occur first. Any structure used for such purpose shall, at the end of such three-year period, be either removed or restored for a use permitted in the zone where located, except that the Director may, upon showing of need by the owner of the property, extend the permitted time beyond three years.

6.

Text. All text on such signs shall relate exclusively to the subdivision being offered for sale or lease.

B.

Subdivision Entry and Special-Feature Signs.

1.

This Subsection B may permit the following signs in any subdivision qualifying for subdivision sales signs where:

a.

Subdivision entry signs as are necessary to facilitate entry into and movement within the subdivision; and

b.

Subdivision special-feature signs located in the immediate vicinity of an approved model home and temporary real estate tract office.

2.

Area Permitted.

a.

Subdivision entry signs shall not exceed 12 square feet in sign area or 24 square feet in total sign area.

b.

Special-feature signs shall not exceed 6 square feet in sign area or 12 square feet in total sign area.

3.

Height Permitted. Subdivision entry and special-feature signs shall not exceed a maximum height of eight feet, measured from the base of the sign.

4.

Lighting. Subdivision entry and special-feature signs shall be unlighted.

5.

Location of Signs. Subdivision entry and special-feature signs shall be located on said subdivision.

6.

Time Limit. Subdivision entry and special-feature signs shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period.

(Ord. 2019-0004 § 1, 2019.)

A.

Applicability. Subdivision directional signs are permitted in Zones A-1, A-2, C-1, C-H, C-R, R-1, R-2, R-3, R-4, R-A, and R-R, in accordance with this Section.

B.

Definitions. Specific terms used in this Section are defined in Division 2 (Definitions) under Signs.

C.

Permit Requirements Generally.

1.

Except as otherwise provided in this Section, all procedures relative to application, notification, public hearing, and appeal governing conditional use permits for subdivision directional signs shall be the same as for other Conditional Use Permit (Chapter 22.158) applications.

2.

Each application shall be for one subdivision directional sign only.

D.

Application—Additional Information Required. In addition to Chapter 22.158 (Conditional Use Permits), an application for a subdivision directional sign shall contain the following information:

1.

An exact quotation of the message to be placed upon the sign.

2.

A list of all previously approved subdivision directional signs for the same subdivision development, whether existing or not.

3.

The name of the owner of the sign and the owner of the property on which the sign is to be placed.

E.

Approval—Term and Conditions. Findings and decision shall be made in compliance with Section 22.158.050 (Findings and Decision), and the following:

1.

The Commission or Hearing Officer shall find that such subdivision directional sign will comply with the development standards required by Subsection G, below.

2.

Approval of such sign may be for a period of not to exceed one year; provided, however, that the Commission or Hearing Officer, where evidence is submitted to its satisfaction that a continuing need for travel directions to the subdivision development for which such sign was approved exists, may extend such permit for not more than one year if the applicant files a request for such extension prior to the expiration of his original permit. Only one extension may be granted.

F.

Approval—Filing of Deposit and Agreement.

1.

The Commission or Hearing Officer shall require as a condition of approval with each application the deposit of the sum of $175 or savings and loan certificates in the same amount as provided in Chapter 4.36 (Assignment of Savings and Loan Certificates and Shares) of Title 4 (Revenue and Finance) of the County Code, and an agreement signed by the applicant, the owner of the sign, and the owner of the property on which the sign is to be placed, by which such persons agree that the County may enter upon the land upon which the sign is located and remove it, if such sign is not removed and the site thereof restored to a neat and orderly condition within five days after the termination of the permit. Said applicant and owners also shall agree that if such sign is not so removed by them within said five days and the site restored, the County may retain the deposit or savings and loan certificates as liquidated damages.

2.

Any applicant may, in lieu of filing a separate deposit with each application, file a single cash deposit or savings and loan certificates in the amount of $3,000 to cover all of his applications for subdivision directional signs approved pursuant to this Section. A rider showing the administrative file number (permit number) and such other information as may be necessary to readily identify each application covered by such deposit shall be filed.

G.

Development Standards. All subdivision directional signs shall comply with the following regulations:

1.

The written and illustrative messages shall be the same as quoted in the application and as shown on the site plan except as otherwise permitted by the Commission or Hearing Officer, and shall be limited to necessary travel directions, the name of the land development project to which it pertains, a characteristic trademark or insignia, and other such information describing the character of the development as may be specifically approved by the Commission or Hearing Officer; provided, however, that such information shall be auxiliary to the sign's primary purpose of providing travel directions. The sign shall not contain any other advertising.

2.

Such signs shall not exceed a height or width in excess of 20 feet and shall not have an area in excess of 180 square feet per face.

3.

An unobstructed open space shall be maintained to a height of eight feet below the sign except for structural supports. Where topographic features create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the provisions of this Subsection H.3, the Commission or Hearing Officer may, without notice or hearing, modify this requirement.

4.

The sign shall be located not less than 500 feet from any other subdivision directional sign.

5.

No additions, tags, streamers, or accessories may be added to an approved sign.

6.

Not more than four single- or double-faced signs pertaining to the same subdivision development may be used at the same time.

7.

Such signs shall be used and located within four miles from the exterior boundary of the subdivision development to which they relate.

8.

Such signs shall not be located within the right-of-way of any highway, parkway, street, or alley or along established and existing freeways which have been designated as freeway routes by the Division of Highways of the State of California or along scenic highways.

9.

Identification shall be placed on such sign indicating the permit number, sign, owner, and expiration date.

10.

Where the distance between the faces of a double-faced sign is more than 24 inches, such faces shall be considered two separate signs.

11.

All exposed backs of such signs visible to the public shall be suitably covered to conceal the structure and be properly maintained.

H.

Combining Signs for Separate Developments—Conditions. The Commission or Hearing Officer may, where an applicant concurrently files applications for Conditional Use Permits for subdivision directional signs pertaining to more than one subdivision development, modify the standards contained in Subsections G.3 and G.4, above, to permit the grouping or combining of two or more signs providing travel directions to different developments. Such two or more separate signs may be grouped together in one structure or may be consolidated into one sign where, in the opinion of the Commission or Hearing Officer, such grouping or combining helps to reduce visual clutter and distraction.

I.

Removal or Relocation of Signs Required When. If a highway, parkway, street, or alley is widened so that the location of the sign is included in the right-of-way, the owner, at no expense to the County shall either remove such sign or relocate it outside of the new right-of-way.

(Ord. 2019-0004 § 1, 2019.)

22.114.230 - Signs for Uses Granted by a Conditional Use Permit in Residential, Agricultural, or Watershed Zones.

A.

Where a Conditional Use Permit (Chapter 22.158) application is required for a use in a Residential, Agricultural, or Watershed Zone, the Commission or Hearing Officer may approve business signs deemed appropriate for such use as part of the application; provided, however, that no business sign or signs may be authorized that would not be permitted in Zone C-1 as permitted by this Chapter.

B.

Where business signs described in Subsection A, above, have not been approved by the Commission or Hearing Officer as part of the application, the provisions applicable to principal permitted uses in the specific zone in which the use is located shall be deemed to have been specified.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.116 - HIGHWAY LINES, ROAD DEDICATION, AND ACCESS

This Chapter establishes the centerlines, dedication, improvement, and access requirements that the County may impose on development.

(Ord. 2019-0004 § 1, 2019.)

A.

Section 22.116.030 (Road Dedication and Improvements), Section 22.116.040 (Intersections and Corner Cutoff Requirements), and Section 22.116.050 (Major Bridge and Thoroughfare Fees) do not apply to the following buildings or structures if they comply with all other provisions of this Title 22:

1.

Buildings, structures, or uses permitted in Zone R-2.

2.

Outdoor advertising signs.

3.

Accessory agricultural buildings where used primarily for agricultural purposes.

4.

Oil wells.

5.

Electrical distribution and transmission substations.

6.

Water storage tanks, reservoirs, and water pumping plants, but excluding offices or maintenance yard facilities.

Gas measurement, distribution, and meter and control stations.

8.

Telephone repeater stations.

9.

Temporary carnivals and revival meetings.

10.

Other similar uses that, in the opinion of the Commission or Hearing Officer, will not generate a greater volume of traffic than the uses listed in this Section.

B.

Section 22.116.030 (Road Dedication and Improvements), Section 22.116.040 (Intersections and Corner Cutoff Requirements), and Section 22.116.050 (Major Bridge and Thoroughfare Fees) do not apply to the use, alteration, or enlargement of an existing building or structure or the erection of one or more accessory buildings or structures, or both, on the same lot, if the total value of such alteration, enlargement, or construction does not exceed one-half of the current market value of all existing buildings or structures on such lot.

(Ord. 2019-0004 § 1, 2019.)

A building or structure shall not be used on any lot, or any portion of such lot, that abuts upon an alley, street, or highway unless the one-half of the alley, street, or highway that is located on the same side of the centerline as such lot has been dedicated and improved as follows:

A.

Dedication.

1.

Dedication Standards. Alleys, streets, and highways, shall be dedicated to the width from the centerline specified in Section 22.116.070 (Highway Lines), and including corner cutoffs specified in Section 21.24.110 of Title 21 (Subdivisions) of the County Code, except that dedication in any case shall not be required to such an extent as to reduce the area or width of any lot to less than that specified in Sections 22.110.140.C (Required Area—Reduced for Highways—Conditions) and 22.110.140.E (Conveyance or Division of Land—Lot Area and Width Restrictions).

2.

Agreement to Dedicate. In lieu of dedication, the Director of Public Works may accept a dedication agreement signed by all persons having any right, title, interest, or lien in the property, or any portion

thereof, to be dedicated. The signatures on such agreement shall be verified, and the Director of Public Works shall record such agreement with the Registrar-Recorder/County Clerk.

B.

Improvements.

1.

Curbs, gutters, sidewalks, base, pavement, street lights, street trees, and drainage structures, where required, shall be constructed at the grade and at the location specified by the Director of Public Works unless there already exists within the present right-of-way, or on property the owner has agreed to dedicate, curbs, gutters, sidewalks, base, pavement, street lights, street trees, or drainage structures that the Director of Public Works finds are adequate.

2.

Sidewalks shall be not less than five feet in width unless the available portion of the highway or street is less, in which case they shall be the width specified by the Director of Public Works.

3.

Curbs, gutters, drainage structures, base, pavement, street lights, street trees, and sidewalks shall comply with the standards in Title 21 (Subdivisions) of the County Code, except as otherwise authorized by the Director of Public Works for public health, safety, or welfare reasons.

4.

All construction within the existing or proposed road rights-of-way shall be done under provisions of Division 1 of Title 16 (Highway Code) of the County Code for Highway Permits.

5.

In lieu of the required improvements, the Director of Public Works may accept from any responsible person a contract to make such improvements in accordance with the following:

a.

Such contract shall specify a time in which the improvements shall be completed. Said improvements shall be completed within the time specified in the agreement to improve, except that the Director of Public Works may grant such additional time as the Director deems necessary if, in the Director's opinion, a good and sufficient reason exists for the delay.

b.

Such contract shall be accompanied by a deposit with the Board of a sum of money or negotiable bonds or savings and loan certificates or shares in an amount which, in the opinion of the Director of Public Works, equals the cost of providing the improvements. If savings and loan certificates or shares are deposited, such certificates or shares shall be assigned to the County, and such deposit and assignment shall be

subject to all the provisions and conditions of Chapter 4.36 of Title 4 (Revenue and Finance Code) of the County Code.

c.

If the estimated cost of the improvements equals or exceeds $1,000, in lieu of such deposit the applicant may file with the Board a corporate surety bond guaranteeing the adequate completion of all of the improvements, in an amount equal to such estimated cost.

d.

If the improvement is not completed within the time specified in an agreement, the Board may, after 10 days, serve a written notice to the person, firm, or corporation that signed the contract, or after 20 days, send a written notice by registered mail and addressed to the last known address of the person, firm, or corporation that signed the contract. The notice shall state that the Board has determined that the

improvement work or any part of the work is incomplete, and any portion of deposits or bonds given for the faithful performance of the work may be forfeited to the County, or the Board may cash any instrument of credit so deposited in such amount as may be necessary to complete the improvement work.

(Ord. 2019-0004 § 1, 2019.)

In all zones at the intersections of roads:

A.

No building or structure shall be used within the area of the curve radii required at the intersections of roads by Section 21.24.110 (Right-of-Way Radius) in Title 21 (Subdivisions) of the County Code, except as permitted below and provided that such structures do not constitute a visual obstruction between three and one-half feet and eight feet above the level of the ground:

1.

Eaves and cantilevered roofs per Section 22.110.090.A (Eaves and Cantilevered Roofs) and Section 22.140.585.F.17.b.i (Eaves and Cantilevered Roofs);

2.

Planter boxes and masonry planters per Section 22.110.040.A (Planter Boxes and Masonry Planters) and Section 22.140.585.F.15.a (Planter Boxes and Masonry Planters);

3.

Driveways, walkways, patio slabs, wooden decks, and other materials as specified in Section 22.110.040.D (Driveways, Walkways, and Patio Slabs) and Section 22.140.585.F.15.c (Driveways, Walkways, and Patio Slabs);

Projecting signs site signs per Section 22.110.040.H (Projecting Signs); and

5.

Freestanding signs per Section 22.110.040.I (Freestanding Signs) in Zones C-H and C-1.

B.

Corner cutoffs, per Section 22.116.030.A.1 (Dedication Standards), shall be provided as specified in Section 21.24.110 (Right-of-Way Radius) in Title 21 (Subdivisions) of the County Code.

(Ord. 2020-0032 § 27, 2020; Ord. 2019-0004 § 1, 2019.)

A building or structure shall not be used on any lot, any portion of which is located within a district established pursuant to Section 21.32.200 (Major Thoroughfare and Bridge Fees) in Title 21 (Subdivisions) of the County Code, unless the required district fee has been paid as a condition of issuing a building permit or unless exempted by Section 22.116.020.A.

(Ord. 2019-0004 § 1, 2019.)

A.

Director of Regional Planning. The Director may grant a modification and relieve the applicant from compliance with all or a portion of Section 22.116.030 (Road Dedication and Improvements) and Section 22.116.050 (Major Bridge and Thoroughfare Fees) if the following standards are met:

1.

Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing, would be subject to the provisions of this Chapter, and the requirement to dedicate, pave, or improve would require a greater width than is the alley, street, or highway abutting the existing buildings or structures on the adjoining properties; or

2.

The lot adjoins an alley, street, or highway for a distance of 100 feet or more, and only a portion of said lot is to be used for such building or structure or occupied by such use, and the modification will not affect the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities, using such alley, street, or highway.

B.

Director of Public Works. The Director of Public Works may grant a modification and relieve the applicant from compliance with all or a portion of Sections 22.116.030 (Road Dedication and Improvements) and 22.116.050 (Major Bridge and Thoroughfare Fees), if the following standards are met:

There is in existence or under negotiation a contract between the County and a contractor to install the required improvements;

2.

The Director of Public Works is unable to furnish grades within a reasonable time;

3.

The required construction would create a drainage or traffic problem;

4.

The construction will be isolated from a continuous roadway that may not be improved for many years; or

5.

There are in existence partial improvements satisfactory to the Director of Public Works, who deems construction of additional improvements to be unnecessary or constitute an unreasonable hardship.

C.

Variance. Any aggrieved person may apply for a Variance (Chapter 22.194) from any provision of this Chapter, whether that person has applied for a modification or not. The provisions of Subsections A and B, above, shall constitute additional grounds for a variance from any provisions of this Chapter.

(Ord. 2019-0004 § 1, 2019.)

In all zones, highway lines are hereby established parallel to the centerline of every parkway, alley, highway, and street, as follows:

A.

Forty feet from the centerline for every secondary highway, except as otherwise provided below:

1.

Downey Road—35 feet on the easterly side of the centerline, extending from Whittier Boulevard northerly to 3rd Street, as shown on C.S.B.-2866.

2.

Hooper Avenue—Increasing in width on the westerly side of the centerline from a minimum of 40 feet at a point 0.54 foot southerly of the centerline of 67th Street, the westerly boundary of said Hooper Avenue, extending southerly along the westerly boundary of Hooper Avenue (60 feet wide), as shown on map of Tract No. 5450, recorded in Book 59, Pages 94 and 95 of Maps, to a maximum of 50 feet at the centerline of 69th Street as shown on the map. Increasing in width at a uniform rate on the easterly side of the

centerline from a minimum of 40 feet at a point 0.54 foot southerly of the centerline of 67th Street, southerly to a maximum of 50 feet at the centerline of 69th Street; 50 feet on each side of the centerline extending from the centerline of 69th Street southerly to a point 133.59 feet southerly of the centerline of 75th Street; decreasing in width at a uniform rate from a maximum of 50 feet on each side of the centerline at a point 133.59 feet southerly of the centerline of 75th Street southerly to a minimum of 40 feet on each side of the centerline at a point 62.60 feet southerly of the centerline of 76th Street, as shown on C.S.B.-5140, sheets 1 and 2.

3.

Pennsylvania Avenue—50 feet on the easterly side of the centerline, extending from the northeasterly boundary of the Route 210 (Foothill) Freeway northerly to Altura Avenue; decreasing in width on the easterly side of the centerline from a maximum of 50 feet at Altura Avenue extending northerly along a curve in the easterly boundary having a radius of 1,351.70 feet to a point 122 feet northerly of the northerly line of Altura Avenue (60 feet wide), and continuing northerly along said easterly boundary along a reverse curve having a radius of 1,335.70 feet a distance of 119 feet, to a minimum of 40 feet, as shown on C.S.B.-5072, sheet 1.

4.

223rd Street—50 feet on the northerly side of the centerline extending from Vermont Avenue westerly to a point 245 feet westerly of the centerline of Vermont Avenue; 50 feet on the southerly side of the centerline extending from Vermont Avenue westerly to a point 295 feet westerly of the centerline of Vermont Avenue; decreasing in width at a uniform rate on the southerly side of the centerline from a maximum of 50 feet at a point 295 feet westerly of the centerline of Vermont Avenue extending westerly to a minimum of 40 feet at a point 395 feet westerly of the centerline of Vermont Avenue; 42 feet on the northerly side of the centerline extending from Meyler Street westerly to Normandie Avenue, as shown on C.S.B.-793, sheet 1.

B.

Fifty feet from the centerline of every major highway, except as otherwise provided below:

1.

Arizona—Mednik Avenue—54 feet on each side of the centerline extending from Telegraph Road northerly to a point 277.49 feet northerly of the centerline of Verona Street; decreasing in width at a uniform rate from a maximum of 54 feet on each side of the centerline, extending from a point 277.49 feet northerly of the centerline of Verona Street northerly to a minimum of 50 feet on each side of the centerline at a point 456.61 feet northerly of the centerline of Verona Street; increasing in width at a uniform rate from a minimum of 50 feet on each side of the centerline extending from a point 201.28 feet northerly of the centerline of Whittier Boulevard northerly to a maximum of 54 feet on each side of the centerline at a point 400.44 feet northerly of the centerline of Whittier Boulevard; 54 feet on each side of the centerline extending from a point 400.44 feet northerly of the centerline of Whittier Boulevard northerly to the centerline of First Street, as shown on C.S.B.-2825, sheets 1 and 2.

2.

Atlantic Boulevard—45 feet on each side of the centerline extending, from Whittier Boulevard northerly to the northeasterly boundary of Tract No. 7192 filed in Book 78, Page 38 of Maps, as shown on C.S.B.-8758.

3.

Azusa Avenue—55 feet on each side of the centerline extending from Amar Road southerly to Colima Road, excluding all those portions within the cities of West Covina and Industry, as shown on C.S.B.-707, 2949, and 2628.

4.

Colima Road—60 feet on the southerly and southeasterly side of the centerline extending from Azusa Avenue westerly and southwesterly to the northerly boundary of the city of Whittier; 60 feet on the northerly side of the centerline extending from Azusa Avenue westerly to the easterly boundary of Tract No. 27718, as shown on map recorded in Book 766, Pages 49 and 50 of Maps; 60 feet on the northwesterly side of the centerline extending from a point 186.92 feet northeasterly of the easterly boundary of Tract No. 27176, as shown on map recorded in Book 738, Pages 79 to 81 of Maps, southwesterly to said northerly boundary of the city of Whittier, as shown on C.S.B.-2626, sheets 1 and 2.

5.

Del Amo Boulevard—54 feet on the northerly side of the centerline, extending from Wilmington Avenue easterly to Alameda Street, as shown on C.S.B.-617, sheet 4.

6.

Lake Avenue—40 feet on the easterly side of the centerline, extending from the northerly boundary of the city of Pasadena to Woodbury Road; 45 feet on each side of the centerline extending from Woodbury Road northerly to Altadena Drive, as shown on C.S.B.-2900.

7.

Lakes Hughes Road—55 feet on each side of the centerline extending Castaic Road easterly to Ridge Route, as shown on C.S.B.-5001, sheet 1.

8.

Mednik Avenue—Described under Arizona-Mednik Avenue.

9.

Paramount Boulevard—55 feet on each side of the centerline, extending from the northeasterly boundary of the city of Montebello northeasterly to San Gabriel Boulevard, as shown on C.S.B.-3068.

10.

Pearblossom Highway—60 feet on each side of the centerline from Sierra Highway northerly and easterly to the centerline of Fort Tejon Road, as shown on C.S.B.-.5396, and C.S.B.-2858, Sheet 3.

11.

Sierra Highway—Increasing in width at a constant rate on each side of the centerline from a minimum centerline of the Angeles Forest Highway to a maximum of 60 feet northerly of the centerline of the Angeles

Forest Highway, 60 feet on each side of the centerline extending from a point 640.00 feet northerly of the centerline of the Angeles Forest Highway northerly to the centerline of Pearblossom Highway as shown on C.S.B.-5396, C.S.B.-5505, and F.M. 120048, Sheets 2 and 3.

12.

Slauson Avenue—47 feet on the southerly side of the centerline extending from Wilmington Avenue westerly to Central Avenue, as shown on C.S.B.-2930.

C.

Parkways, minimum 40 feet from centerline, except as otherwise provided herein:

1.

Grand Avenue—60 feet on the easterly side of the centerline extending from the northwesterly boundary of the city of Walnut northerly to the centerline of Golden Bough Drive; 55 feet on the easterly side of the centerline extending from the centerline of Golden Bough Drive northwesterly to the southerly boundary of the city of West Covina at a point approximately 78 feet southeasterly of the centerline of Virginia Avenue; 60 feet on the westerly side of the centerline extending from said northwesterly boundary of the city of Walnut northerly to the centerline of Cortez Street; 50 feet on the westerly side of the centerline extending from the centerline of Cortez Street northerly to the centerline of Sunset Hill Drive; 55 feet on the westerly side of the centerline extending from the centerline of Sunset Hill drive northerly to said southerly boundary of the city of West Covina, as shown on C.S.B. 5049, sheets 1 and 2.

2.

Huntington Drive—44 feet on the northerly side of the centerline (as used in this portion of subsection C.2, "centerline" means the centerline of the northerly roadway of Huntington Drive) extending from the centerline of Michillinda Avenue westerly to the centerline of Rosemead Boulevard; 51 feet on the northerly side of the centerline extending from the centerline of Rosemead Boulevard westerly to the centerline of Lotus Avenue; 40 feet on the northerly side of the centerline extending from the centerline of Lotus Avenue westerly to a point 50 feet westerly of the centerline of Madre Street; decreasing in width at a uniform rate on the northerly side of the centerline from a maximum of 40 feet at a point 50 feet westerly of the centerline of Madre Street to a minimum of 20 feet at a point 350 feet westerly of the centerline of Madre Street; 20 feet on the northern side of the centerline extending from a point 350 feet westerly of the

0 feet westerly of the centerline of Madre Street; decreasing in width at a uniform rate on the northerly side of the centerline from a maximum of 40 feet at a point 50 feet westerly of the centerline of Madre Street to a minimum of 20 feet at a point 350 feet westerly of the centerline of Madre Street; 20 feet on the northern side of the centerline extending from a point 350 feet westerly of the

centerline of Madre Street westerly to a point 639.12 feet easterly of the centerline of El Campo Drive; 51 feet on the northerly side of the centerline extending from a point 639.12 feet easterly of the centerline of El Campo Drive westerly to the centerline of El Campo Drive; 20 feet on the northerly side of the centerline extending from the centerline of El Campo Drive westerly to the centerline of San Gabriel Boulevard, as shown on C.S.B.-2700.

3.

Mulholland Highway—50 feet on each side of the centerline extending from Pacific Coast Highway northerly and easterly to a point 5,847.20 feet westerly of the centerline of Las Virgenes Canyon Road; 60 feet on each side of the centerline extending from a point 5,847.20 feet westerly of the centerline of Las Virgenes Canyon Road easterly to a point 4,780.20 feet westerly of the centerline of Las Virgenes Canyon

Road; 50 feet on each side of the centerline extending from a point 4,780.20 feet westerly of the centerline of Las Virgenes Canyon Road easterly and northerly to the southerly boundary of the city of Los Angeles, as shown on C.S.B.-8824, sheets 9, 11, 13, 14; C.S.B.-2836; F.M. 20265, sheets 2, 3, 4; C.S.B.2881; F.M. 11541, sheet 3; F.M. 20235, sheets 1, 2; and C.S.B. 2336, sheets 1, 2, 3, 4.

D.

Alleys and streets, one-half the planned ultimate width for alleys or streets, pursuant to the standards of Section 21.24.090 (Right-of-Way and Roadway Width Requirements—Cross-section Diagrams) of Title 21 (Subdivisions) of the County Code unless in the opinion of the Director, topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation and the Director deems a lesser width adequate. The Director shall designate the distance from the centerline in any case where such ultimate width is not specified.

E.

Limited secondary highway, thirty-two feet from centerline; this may be increased to 40 feet for additional improvements where traffic or drainage conditions warrant.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.118 - FLOOD CONTROL

The Board may prescribe, by uniform rule or regulation, the minimum course of its excavations or other operations tending to displace the soil; and shall also have the power to prescribe any and all other rules and regulations, uniform in their operation, necessary for the carrying out of the purposes of this Chapter.

(Ord. 2019-0004 § 1, 2019.)

Whenever the Board finds that the excavation or quarrying of any rock, sand, gravel, or other material in a particular area would create flood hazard or would be otherwise dangerous to the public safety, then before any person excavates or quarries in any part of such area, such person shall first obtain from the Los Angeles County Flood Control District a permit to do so.

(Ord. 2019-0004 § 1, 2019.)

The Los Angeles County Flood Control District may issue such permit upon the condition that the applicant, before commencing any such excavation and at such other times during such excavation as may be necessary, shall erect such dikes, barriers, or other structures as will afford, in the opinion of the Los Angeles County Flood Control District, either the same protection as if no excavation should be made, or protection adequate to prevent the flow of the floodwaters out of their natural channels.

(Ord. 2019-0004 § 1, 2019.)

The Los Angeles County Flood Control District may require the submission of plans and specifications showing the nature of the proposed excavation and dikes, barriers, or other structures.

(Ord. 2019-0004 § 1, 2019.)

No person may make any excavation within such area except after receiving, and in conformity with, such a permit.

(Ord. 2019-0004 § 1, 2019.)

The issuance of such a permit shall not constitute a representation, guarantee, or warranty of any kind or nature by the Los Angeles County Flood Control District, or by any officer or employee of either thereof, of the practicability or safety of any structure or other plan proposed, and shall create no liability upon, or a cause of action against such public body, officer, or employee for any damage that may result from any excavation made pursuant thereto.

(Ord. 2019-0004 § 1, 2019.)

22.118.070 - Obstructions Prohibited Where.

A.

A person shall not place or cause to be placed in the channel or bed of any river, stream, wash, or arroyo, or upon any property over which the Los Angeles County Flood Control District has an easement for flood control purposes duly recorded by the Registrar-Recorder/County Clerk, any wires, fence, building, or other structure, or any rock, gravel, refuse, rubbish, tin cans, or other matter which may impede, retard, or change the direction of the flow of water in such river, stream, wash, or arroyo, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream and floodwaters would carry the same downstream to the damage or detriment of either private or public property adjacent to the said river, stream, wash, arroyo, or channel.

B.

This Section does not supersede or modify the provisions of any other ordinance.

(Ord. 2019-0004 § 1, 2019.)

A.

Every operator of any rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the excavation or manufacture of rock, sand, or gravel, which quarry pit, excavation plant or apparatus is so located as to intercept or obstruct any of the flow of the Rio Hondo or San Gabriel Rivers, shall so conduct

all such operations as to always provide a channel of sufficient capacity to bypass 1,000 cubic feet of water per second in each river without the flow entering any such pit, excavation, or quarry.

B.

This Section does not apply to that reach of the Rio Hondo between Santa Fe Dam and Peck Road.

(Ord. 2019-0004 § 1, 2019.)

The Board finds that the excavation or quarrying of any rock, sand, gravel, or other material in the area described as follows:

Beginning at a point in the easterly line of Section 1, T. 1 S., R. 11 W., as shown on a map of the subdivision of Rancho Azusa de Duarte, recorded in Book 6, pages 80 and 82, inclusive, of Miscellaneous Records of Los Angeles County, distant N. 0° 10' 06" W. thereon 1,820.99 feet from the southerly line of said Rancho, as shown on County Surveyor's Map No. B-1215, on file at the Los Angeles County Flood Control District; thence S. 57° 59' 09" W. 7,538.27 feet; thence S. 32° 00' 51" E. 900.00 feet; thence N. 57° 59' 09" E. 6,979.25 feet to a point in said easterly line of Section 1, distant S. 0° 10' 06" E. thereon 1059.48 feet from the point of beginning; thence northerly along said easterly line to the point of beginning; would create a flood hazard and in other ways be dangerous to the public safety.

(Ord. 2019-0004 § 1, 2019.)

22.118.100 - Los Angeles County Flood Control District to Act as Consultant.

A.

The Los Angeles County Flood Control District shall act as a consultant to the Department on all applications for a permit, variance, nonconforming use or structure review, or zone change relating to flood control and flood hazard identification, avoidance, and mitigation in all areas delineated on maps furnished to the Department pursuant to Subsection B, below.

B.

The Los Angeles County Flood Control District shall provide the Department with a series of maps delineating areas subject to flood, mud, and debris hazards. The maps shall be prepared by the Los Angeles County Flood Control District, shall be based on the best currently available information and shall be updated at least annually.

C.

The Department shall consult with the Los Angeles County Flood Control District with respect to such applications affecting property in the hazard areas delineated on the maps.

D.

The Los Angeles County Flood Control District shall prepare written reports of its examination of each application affecting property in the hazard areas delineated on the maps.

E.

The reports shall be considered by the Department, the Commission, and the Board in acting upon the applications. The actions upon the application shall be supported in writing.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.119 - AFFORDABLE HOUSING REPLACEMENT

Sections:

The purpose of this Chapter is to preserve the supply of affordable housing and require affordability of replacement dwelling units.

(Ord. 2021-0018 § 8, 2021.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Affordable housing and senior citizen housing."

(Ord. 2021-0018 § 8, 2021.)

Except as otherwise specified in this Chapter, the provisions of this Chapter, in conjunction with Chapter 22.166 (Housing Permits), apply to any of the following:

A.

New construction of any principal building;

B.

A change of a principal residential use to another principal use;

C.

A change in the number of dwelling units;

D.

A land division subject to Title 21 (Subdivisions) of the County Code; or

E.

Legalization of an existing unpermitted dwelling unit.

(Ord. 2021-0018 § 8, 2021.)

22.119.040 - Exemptions.

The following are exempt from the requirements of this Chapter:

A.

New construction of a single-family residence on a lot with no other principal uses or structures;

B.

New construction or legalization of accessory dwelling units or junior accessory dwelling units;

C.

Conversion to resident ownership of all rented spaces in a mobilehome park;

D.

Addition of mobilehome spaces or mobilehomes in a mobilehome park;

E.

A lease project, as defined in Section 21.08.090 (Lease project) in Title 21 (Subdivisions) of the County Code;

F.

A project in a Very High Fire Hazard Severity Zone, as depicted in the General Plan;

G.

A project that is located within an area subject to an affordable housing replacement requirement, pursuant to a development agreement, specific plan, or local policy.

(Ord. 2021-0018 § 8, 2021.)

22.119.050 - Requirements.

A.

Dwelling units that are proposed to be or have been demolished, vacated, or converted from rental to for sale, shall be replaced if the use and density of such units are consistent with zoning or the General Plan, including any applicable Area, Community, or Neighborhood Plan, as set forth in Section 22.02.050 (Consistency with the General Plan), and are or were any of the following:

1.

Subject to a recorded covenant that restricts rents to levels affordable to persons and families of moderate, lower, very low or extremely low income within the five years prior to application submittal;

2.

A rent-stabilized unit pursuant to Section 8.52.030.F (Covered Rental Unit) in Title 8 (Consumer Protection, Business and Wage Regulations) of the County Code or pursuant to section 1947.12 of the California Civil Code within the five years prior to application submittal;

3.

Occupied by lower, very low or extremely low income tenants, including mobilehome owners renting spaces in a mobilehome park, within the five years prior to application submittal;

4.

Withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with section 7060) of the California Government Code within the 10 years prior to application submittal.

B.

The number and type of affordable replacement units shall be determined as follows:

1.

The number of affordable replacement units for lower or very low income households shall be determined in accordance with section 65915 of the California Government Code;

2.

Affordable replacement units for lower or very low income households shall be provided at the level of affordability determined in accordance with section 65915 of the California Government Code;

3.

Affordable replacement units for extremely low income households shall be provided in at least the same number as existed on the site within the five years prior to application submittal, or in the same proportion of extremely low income renter households to all renter households within unincorporated County, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database, if the income category is unknown for any of the following:

a.

The current household in occupancy at the time of application submittal;

b.

The last household in occupancy, if a unit is unoccupied at the time of application submittal; or

c.

The households at the highpoint of such units that existed in the five-year period preceding application, if the units have been vacated or demolished.

Dwelling units that are or were rent-stabilized pursuant to Section 8.52.030.F (Covered Unit) in Title 8 (Consumer Protection, Business and Wage Regulations) of the County Code or section 1947.12 of the California Civil Code during the five-year period prior to application submittal, and were or are occupied by households above lower income, shall be replaced with units affordable to lower, very low or extremely low income households;

5.

At least the same total number of dwelling units and at least the same total number of bedrooms shall be replaced at the same or deeper level of affordability;

6.

The required number of affordable replacement units shall not be reduced as the result of the deeper level of affordability of the affordable replacement units;

7.

Affordable replacement units affordable to lower, very low or extremely low income households shall be rental dwelling units; and

8.

Units subject to a covenant that restricts rents to levels affordable to moderate income households shall be replaced with units that are affordable to households of moderate income or below moderate income. If they are replaced with units affordable to households of moderate income, the affordable replacement units may be rental or for sale.

C.

Inclusionary Housing or Density Bonus. Affordable replacement units required in this Chapter may count toward the affordable housing set-aside units required in Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing), if applicable.

D.

Location of Affordable Replacement Units.

1.

On-site. Except as specified in Subsection D.2, below, affordable replacement units shall be provided onsite.

2.

Off-site.

a.

Affordable replacement units may be provided off-site, subject to the following:

i.

The affordable replacement units count toward the affordable housing set-aside units required in Chapter 22.121 (Inclusionary Housing);

ii.

The required affordable housing set-aside units are provided off-site, subject to all applicable provisions in Section 22.121.050.F (Location), except that the off-site parcel shall be located in an unincorporated area of the County and is either within one-quarter mile of the principal project or developed as part of a community land trust; and

iii.

The construction of such units does not result in units requiring replacement pursuant to this Chapter.

b.

Notwithstanding Subsection D.2.a.i, above, where the number of required affordable replacement units exceeds the number of required affordable housing set-aside units that are provided off-site, all affordable replacement units, including those that do not count toward the required affordable housing set-aside units, may be provided on the same off-site parcel, subject to the following:

i.

The off-site parcel, with its developable acreage, zoning and General Plan land use designation, is sufficient to permit the construction of all affordable replacement units; and

ii.

The requirements in Section 22.121.050.F.5, if the applicant partners with a third-party developer for the provisions of the affordable replacement units.

E.

Notwithstanding Subsection D, above, a project that is subject to this Chapter may provide replacement in accordance with Chapter 22.268 (Affordable Housing Replacement Fee) if it is either of the following:

1.

A non-residential development; or

2.

A land division that:

a.

Shall result in no increase in dwelling units; and

b.

Is required to provide rental replacement units pursuant to this Section.

F.

Tenure. Affordable replacement units in a common interest development or a single-family residential subdivision shall be for sale only.

G.

Timing.

1.

All permits and entitlements, including the building permits, for the affordable replacement units shall be obtained prior to or concurrently with the permits and entitlements, including the building permits, for the non-replacement units.

2.

Where affordable replacement units are provided off-site, pursuant to Subsection D.2, above, such units shall obtain a certificate of occupancy from Public Works prior to the issuance of the final certificate of occupancy for the principal project.

H.

Duration of Affordability.

1.

Rental. The affordability term for rental replacement units shall be in perpetuity.

2.

For sale. The initial sale of the affordable replacement units shall be restricted to eligible buyers and shall require an equity-sharing agreement with the County, as described in Chapter 22.166 (Housing Permits).

I.

Covenant and Agreement Required. A covenant and agreement ensuring the continued availability of affordable replacement units shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

(Ord. 2021-0018 § 8, 2021.)

Chapter 22.120 - DENSITY BONUS

The purpose of this Chapter is to implement the requirements as set forth in Section 65915 of the California Government Code, as amended, and to increase the production of affordable housing and senior citizen housing.

(Ord. 2019-0053 § 21, 2019.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Affordable Housing and Senior Citizen Housing."

(Ord. 2019-0053 § 21, 2019.)

Notwithstanding any contrary provisions in this Title 22, the provisions of this Chapter, in conjunction with Chapter 22.166 (Housing Permits), shall apply in all zones that allow residential use as a principal use, and apply to the eligible housing developments, including projects to substantially rehabilitate and convert an existing multi-family dwelling, as defined in section 65863.4 (d) of the California Government Code, where the result of the rehabilitation would be a net increase in available dwelling units.

(Ord. 2020-0064 § 10, 2020; Ord. 2019-0053 § 21, 2019.)

Except as specified otherwise, a project is eligible for a density bonus, if it complies with the following:

A.

Minimum Dwelling Units Required.

1.

A project subject to Section 22.120.050 (Affordable Housing) or Section 22.120.070 (Land Donation) shall have a minimum of five baseline dwelling units.

2.

A project subject to Section 22.120.060 (Senior Citizen Housing) shall have:

a.

A minimum of 35 dwelling units, if it is a senior citizen housing development; or

b.

A minimum of 80 percent of occupied dwelling units occupied by at least one senior citizen, if it is a mobilehome park for senior citizens.

B.

Replacement Dwelling Units. The project shall replace any rental dwelling units that exist(ed) on the site, pursuant to Chapter 22.119 (Affordable Housing Replacement).

C.

Additional Requirements. The project shall be in compliance with one of the following:

1.

Section 22.120.050 (Affordable Housing);

2.

Section 22.120.060 (Senior Citizen Housing);

3.

Section 22.120.070 (Land Donation); or

4.

Section 22.120.075 (Mobilehome Park Density Bonus).

(Ord. 2021-0018 § 9, 2021; Ord. 2019-0053 § 21, 2019.)

22.120.050 - Affordable Housing.

A.

Density Bonus. Except as specified otherwise, a housing development shall receive a density bonus in the amounts shown in Table 22.120.050-A, below, subject to an Administrative Housing Permit (Section 22.166.040), if it provides an affordable housing set-aside.

100% 120% or 100% or 80% or 60% as specified otherwise[1] as specified otherwise[1] as specified otherwise[1]

Notes:

1. A rental housing development shall receive the following density bonus, if it has: 1) at least 80 percent affordable housing set-aside for lower, very low, or extremely low income households, with the remaining baseline dwelling units, excluding a manager's unit or units, set aside for moderate income households; 2) rents for at least 20 percent of all dwelling units, including the density bonus units but excluding the manager's unit or units, set at an affordable rent as defined in section 50053 of the California Health and Safety Code; and 3) rents for all remaining units, excluding the manager's unit or units, set at an amount consistent with the maximum rent levels for a housing development that received an allocation of State or federal low-income tax credits from the California Tax Credit Allocation Committee:

er's unit or units, set at an affordable rent as defined in section 50053 of the California Health and Safety Code; and 3) rents for all remaining units, excluding the manager's unit or units, set at an amount consistent with the maximum rent levels for a housing development that received an allocation of State or federal low-income tax credits from the California Tax Credit Allocation Committee:

a. Eighty percent of the number of dwelling units set aside for lower, very low, or extremely low income households; or

b. Any amount of density bonus units, if the rental housing development is located within 1/2 mile of a major transit stop, in which case such development:

i. Shall not receive any waivers or reductions of development standards provided in Section 22.120.090; and

ii. Is entitled to a height increase of up to three additional stories, or 33 feet, which is not counted toward the incentives provided in Subsection C (Incentives), below.

B.

Affordable Housing Set-Aside.

1.

Duration of Affordability.

a.

Rental. The affordability term for rental affordable housing set-aside units shall be at least 55 years from the issuance of the final certificate of occupancy by Public Works.

b.

For-sale. The initial sale of the affordable housing set-aside units shall be restricted to eligible buyers and shall require an equity-sharing agreement with the County, as described in Chapter 22.166 (Housing Permits).

2.

Comparability. Affordable housing set-aside units shall have the same number of bedrooms as the non-setaside dwelling units. In a housing development with a variety of bedroom counts per dwelling unit, the percentage of affordable set-aside dwelling units with a particular number of bedrooms shall be equal to the percentage of non-set-aside dwelling units with the same number of bedrooms.

3.

Location of Units. The affordable housing set-aside units and the density bonus dwelling units may be located in different geographic areas within the housing development.

Covenant and Agreement Required. A covenant and agreement ensuring the continuing availability of affordable housing set-aside units shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

5.

Timing. All permits and entitlements, including the building permits, for the affordable housing set aside units shall be obtained prior to or concurrently with the permits and entitlements, including the building permits, for the non set-aside units.

C.

Incentives. A housing development shall receive a number of incentives in the amounts shown in Table 22.120.050-B, below, if it provides an affordable housing set-aside. The granting of an incentive is subject to an Administrative Housing Permit (Section 22.166.040), unless any of the findings in Section 22.166.040.C.1.a are made, in which case a Discretionary Housing Permit (Section 22.166.050) application is required. The provision of direct financial incentives for a housing development, such as the fee exemption and reductions provided in Section 22.250.020.B (Fee Exemption and Reductions for Affordable Housing), subject to Chapter 22.120 (Density Bonus), shall not be counted toward the incentives provided in this Subsection C.

a. At least 80 percent affordable housing set-aside for lower, very low, or extremely low income households, with the remaining baseline dwelling units, excluding a manager's unit or units, set aside for moderate income households;

b. Rents for at least 20 percent of all dwelling units, including the density bonus units but excluding the manager's unit or units, set at an affordable rent as defined in section 50053 of the California Health and Safety Code; and

c. Rents for all remaining units, excluding the manager's unit or units, set at an amount consistent with the maximum rent levels for a housing development that received an allocation of State or federal low-income tax credits from the California Tax Credit Allocation Committee.

2. A housing development may request an additional density bonus as an incentive in addition to the density bonus provided in Table 22.120.050-A, above, if the housing development includes a 100 percent affordable housing set-aside.

D.

Additional Density Bonus or Incentive for Child Care Facility. Except as specified otherwise, a housing development shall receive either an additional density bonus or an additional incentive as shown in Table 22.120.050-C, below, if it provides an affordable housing set-aside pursuant to this Section and includes a child care facility.

3. The child care facility shall remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable pursuant to this 22.120.050.B.1 (Duration of Affordability).

4. The child care facility shall serve children of very low income households, lower income households and moderate income households at the same percentage(s), or greater, as the percentage(s) of dwelling units required for very low income households, lower income households and moderate income households pursuant to this Chapter.

5. A covenant and agreement shall be recorded pursuant to Section 22.166.070.A.5 (Child Care Facilities).

(Ord. 2021-0010 § 26, 2021; Ord. 2020-0064 § 11, 2020; Ord. 2019-0053 § 21, 2019.)

A.

Density Bonus. A senior citizen housing development or a mobilehome park for senior citizens shall receive a density bonus of 20 percent of the number of senior housing units, subject to an Administrative Housing Permit (Section 22.166.040).

B.

Duration of Age Restriction.

1.

Rental. Senior citizen dwelling units shall be age-restricted for at least 55 years from the issuance of the final certificate of occupancy by Public Works.

2.

For-sale. The initial sale of the senior citizen dwelling units shall be restricted to eligible buyers.

C.

Covenant and Agreement Required. A covenant and agreement ensuring the continuing availability of agerestricted units shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

(Ord. 2019-0053 § 21, 2019.)

A.

Density Bonus. Except as specified otherwise, a housing development shall receive a density bonus in the amounts shown in Table 22.120.070-A, below, subject to an Administrative Housing Permit (Section 22.166.040), if it includes the donation of land for housing for very low income households, within the boundary of the housing development or one-quarter mile thereof, in which case the donated land shall be within the unincorporated areas of Los Angeles County.

TABLE 22.120.070-A: AFFORDABLE HOUSING SET-ASIDES, DENSITY BONUSES FOR LAND DONATIONS

b. The donated land shall be zoned and designated in the General Plan for a density not less than 30 dwelling units per net acre; and c. The donated land shall be served by adequate public facilities and infrastructure.

2. The density bonus for a land donation may be combined with the density bonus granted, pursuant to Section 22.120.050 (Affordable Housing) or Section 22.120.060 (Senior Citizen Housing), up to a maximum of 35 percent.

B.

Affordable Housing Set-Aside. The very low income housing set-aside units on the donated land shall be subject to Subsection B.1 (Duration of Affordability) of Section 22.120.050.

C.

Additional Requirements. The following shall be completed on or before the date of approval for the housing development:

1.

The applicant for the housing development shall transfer the donated land to the County or a housing developer approved by the County;

2.

All necessary permits and entitlements, including a Housing Permit, but excluding the building permits, shall be obtained for the development of the very low income housing set-aside units on the donated land;

3.

A covenant and agreement, ensuring the continuing availability of the very low income housing set-aside units on the donated land, shall be recorded by the applicant for the Housing Permit for the donated land, pursuant to Section 22.166.070 (Covenant and Agreement); and

4.

The applicant for the Housing Permit for the donated land shall identify a proposed source of funding to develop the very low income housing set-aside units on the donated land.

(Ord. 2019-0053 § 21, 2019.)

A.

An existing legal nonconforming mobilehome park that exceeds the density permitted by the General Plan or the Zone, and that is not receiving any other density bonus pursuant to this Chapter, shall be eligible for a density bonus which would deem the existing total number of mobilehome spaces as the maximum number of dwelling units permitted on site, subject to the approval of an Administrative Housing Permit (Section 22.166.040) application.

B.

Such application is not subject to Section 22.166.040.B.2.b or Section 22.166.040.C.3.

C.

Such application is not eligible for any waivers or reductions of development standards provided in Section 22.120.090 (Waivers of Reductions of Development Standards).

(Ord. 2021-0018 § 10, 2021.)

22.120.080 - Parking.

A.

Notwithstanding any contrary provisions in this Title 22, Table 22.120.080-A, below, identifies the parking requirements for multi-family residential developments subject to this Chapter:

4. A project shall have unobstructed access to a major transit stop or fixed bus route, if a resident is able to access the major transit stop or fixed bus route without encountering natural or constructed impediments.

5. The fixed bus route shall operate at least eight times per day.

6. The supportive housing development shall be restricted to the target population defined in section 50675.14(b)(3)(A) of the California Health and Safety Code.

7. Alternatively, the standards in Table 22.112.070-A: Minimum Required Parking Spaces may be applied if they yield a lower total parking requirement.

B.

Religious Institution Affiliated Housing Development Projects. Any religious institution affiliated housing development project shall be eligible for a reduction in parking requirements in accordance with section 65913.6 of the California Government Code.

(Ord. 2024-0036 § 12, 2024; Ord. 2023-0038 § 7, 2023; Ord. 2021-0017 § 16, 2021; Ord. 2021-0010 § 27, 2021; Ord. 2019-0053 § 21, 2019.)

A.

Except as specified otherwise, a project that is subject to this Chapter shall receive waivers or reductions of development standards, subject to an Administrative Housing Permit (Section 22.166.040), unless any of the findings specified in Section 22.166.040.C.1.b are made, in which case a Discretionary Housing Permit (Section 22.166.050) application is required if an affordable housing set-aside is provided pursuant to Table 22.120.050-A.

B.

The granting of a waiver or reduction of development standards shall not be counted toward the incentives provided in Section 22.120.050 (Affordable Housing).

(Ord. 2021-0018 § 11, 2021; Ord. 2021-0010 § 28, 2021; Ord. 2019-0053 § 21, 2019.)

A.

Fractional Numbers. Each calculation for density bonuses, affordable housing set-asides, and parking resulting in fractional numbers shall be rounded up to the next nearest whole number.

B.

Baseline Dwelling Units.

1.

When calculating the baseline dwelling units, the maximum allowable density permitted by the General Plan land use designation shall prevail and supersede any contrary provisions in this Title 22.

2.

Baseline dwelling units do not include dwelling units permitted by a density bonus awarded or any other section in this Title 22 granting a greater density bonus.

C.

Affordable Housing Set-Aside.

1.

Except as specified otherwise, the affordable housing set-aside shall be calculated using the baseline dwelling units exclusive of a manager's unit or units.

Affordable housing set-aside units in a common interest development or a single-family residential subdivision shall be for sale only.

D.

Density Bonus.

1.

Except as specified otherwise, the density bonus shall be calculated using the baseline dwelling units, exclusive of a manager's unit or units, on contiguous parcels.

2.

An applicant can elect to accept a smaller or no density bonus.

3.

Notwithstanding any contrary provisions in this Chapter, a project shall not receive any density bonus, if the project is located within the 70 or above decibel Community Noise Equivalent Level (dB CNEL) noise contour of an airport influence area.

E.

Not Cumulative. For the purposes of this Chapter:

1.

When more than one affordable housing set-aside income category applies, the density bonuses shall not be cumulative. The applicant may choose which affordable housing set-aside category shall be used for the purpose of calculating the density bonus; and

2.

Where a project provides both affordable housing set-aside units and senior housing units, the density bonuses shall not be cumulative. The applicant may choose to request a density bonus, pursuant to Section 22.120.050 (Affordable Housing) or Section 22.120.060 (Senior Citizen Housing), but not both.

F.

Contiguous Parcels. For the purposes of this Chapter, a Housing Permit application may only be filed for contiguous parcels.

(Ord. 2021-0010 § 29, 2021; Ord. 2019-0053 § 21, 2019.)

Chapter 22.121 - INCLUSIONARY HOUSING

The purpose of this Chapter is to ensure the inclusion of affordable housing units in housing developments that meet certain criteria, including those in section 65583.2(c) and (h) of the California Government Code,

and encourage mixed-income communities.

(Ord. 2025-0010 § 3, 2025; Ord. 2025-0008 § 1, 2025; Ord. 2020-0064 § 12, 2020.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Affordable Housing and Senior Citizen Housing."

(Ord. 2020-0064 § 12, 2020.)

22.121.030 - Applicability.

Notwithstanding any contrary provisions in this Title 22, the provisions of this Chapter, in conjunction with Chapter 22.166 (Housing Permits), apply to the following:

A.

Unless as specified otherwise in Subsection B, below, all housing developments, excluding mobilehome parks, and projects to substantially rehabilitate and convert an existing commercial building to residential uses or the substantial rehabilitation of an existing multi-family dwelling, as defined in section 65863.4(d) of the California Government Code, where the result of the rehabilitation would be a net increase in available dwelling units, that meet all of the following:

1.

Has at least five or more baseline dwelling units;

2.

Is located in a submarket area, with the following exceptions:

a.

Rental projects or condominium projects located in the South Los Angeles or Antelope Valley submarket areas; or

b.

Rental projects located in the East Los Angeles/Gateway submarket area; and

3.

Is not located within an area subject to an affordable housing requirement pursuant to a development agreement, specific plan, or local policy.

B.

All housing developments located on lots that are in the following:

The 2021-2029 Revised Housing Element as one of the following:

a.

Nonvacant lot, identified to accommodate very low- or lower-income units in the Sites Inventory and included in the 2014-2021 Housing Element;

b.

Vacant lot, identified to accommodate very low- or lower-income units in the Sites Inventory and included in both the 2008-2014 and the 2014-2021 Housing Elements; or

c.

Sites that are rezoned to accommodate very low- or lower-income units; and

2.

One of the unincorporated communities as shown in Table 22.121.030-A, below:

(Ord. 2025-0011 § 1, 2025; Ord. 2025-0010 § 4, 2025; Ord. 2025-0008 § 2, 2025;Ord. 2024-0032 § 17, 2024; Ord. 2024-0029 § 6, 2024; Ord. 2023-0052 § 1, 2023; Ord. 2020-0064 § 12, 2020.)

Except as specified otherwise, an Administrative Housing Permit (Section 22.166.040) is required for any housing development subject to this Chapter.

(Ord. 2020-0064 § 12, 2020.)

A.

Projects that are subject to Section 22.121.030.A shall provide the following affordable housing set-aside:

1.

Rental. If the project consists of rental units, the affordable housing set-aside units shall be provided at an affordable rent, as described in Table 22.121.050-A, below.

TABLE 22.121.050-A:

INCLUSIONARY HOUSING REQUIREMENTS FOR RENTAL PROJECTS

Notes:

1. Units shall be set aside for extremely low, very low, or lower income households.

2. Projects with less than 15 baseline dwelling units.

3. Calculations for the average affordability shall comply with Subsection C (Calculation), below.

2.

For-sale. If the project consists of for-sale units, the affordable housing set-aside units shall be provided at an affordable sale price, as described in Table 22.121.050-B, below.

B.

Projects that are subject to Section 22.121.030.B shall provide a minimum of 20 percent affordable housing set-aside for lower-income households.

C.

Calculation.

1.

Inclusionary Housing Requirement.

a.

General. The inclusionary housing requirement shall be calculated using the baseline dwelling units exclusive of a manager's unit or units.

b.

Mixed Tenure Project. Where a project consists of both rental and for-sale units, the inclusionary housing requirement shall apply to both rental and for-sale units. The requirement for each tenure shall be

calculated separately using the baseline dwelling units under each tenure, exclusive of a manager's unit or units.

c.

All calculations resulting in fractional numbers shall be rounded up to the next whole number.

2.

Density Bonus. The affordable housing set-aside units required in Chapter 22.120 (Density Bonus) may count toward the affordable housing set-aside units required in this Chapter, in which case such units shall

be:

a.

Subject to Section 22.120.050.B.1 (Duration of Affordability); and

b.

Provided on-site.

3.

Affordable Housing Replacement. Affordable replacement units required, pursuant to Chapter 22.119 (Affordable Housing Replacement), may count toward the affordable housing set-aside units required in this Chapter.

4.

Average Affordability. Average affordability is the sum of each unit set aside for extremely low income, very low income, lower income, moderate income, or middle income households multiplied by the income level, and divided by the total number of affordable housing set-aside units.

D.

Comparability.

1.

Affordable housing set-aside units shall have the same number of bedrooms as the non-set-aside dwelling units. In a project with a variety of bedroom counts per dwelling unit, the percentage of affordable set-aside dwelling units with a particular number of bedrooms shall be equal to the percentage of non-set-aside dwelling units with the same number of bedrooms.

2.

The affordable housing set-aside units shall be indistinguishable from the non-set-aside units in terms of exterior and interior appearance and overall quality of construction. Where reasonable, interior finishes may consist of less expensive materials and equipment, provided they are new, durable, and of good quality.

3.

Affordable housing set-aside units shall have comparable access to building amenities as other non-setaside units.

4.

Affordable housing set-aside units shall not be overly concentrated in one area of the project, and shall be reasonably distributed throughout the project.

Affordable housing set-aside units in a common interest development or a single-family residential subdivision shall be for-sale only.

E.

Duration of Affordability.

1.

Rental. Except as specified otherwise in this Chapter, the affordability term for rental affordable housing set-aside units shall be in perpetuity.

2.

For-sale. The initial sale of the affordable housing set-aside units shall be restricted to eligible buyers and shall require an equity-sharing agreement with the County, as described in Chapter 22.166 (Housing Permits).

F.

Location. The required affordable housing set-aside units shall be provided on-site, or off-site provided that:

1.

The required affordable housing set-aside units are not subject to Chapter 22.120 (Density Bonus) or Subsection B, above;

2.

The off-site parcel is located in an unincorporated area of the County and is one of the following:

a.

Located within one-quarter mile of the principal project;

b.

Located within an area designated as Highest, High, or Moderate Resource by the State Tax Credit Allocation Committee and State Department of Housing and Community Development. Where the principal project is also located in an area designated as Highest, High, or Moderate Resource, the off-site parcel shall be located in an area with the same or higher resource designation as the principal project;

c.

Located within two miles of the principal project and in an area with known displacement risk based on evidence to the satisfaction of the Department; or

d.

Developed as part of a community land trust;

3.

The off-site parcel, its developable acreage, zoning and General Plan land use designation, is sufficient to permit the construction of the required set-aside units for the principal project;

4.

The required affordable housing set-aside units for the principal project shall not count toward the affordable housing set-aside units required on said off-site parcel pursuant to this Chapter;

5.

The construction of the affordable housing set-aside units for the principal project does not result in units requiring replacement of the off-site parcel, pursuant to Chapter 22.119 (Affordable Housing Replacement); and

6.

Where the applicant partners with a third-party developer for the provisions of the affordable housing setaside units on the off-site parcel:

a.

The applicant shall submit a memorandum of understanding ("MOU") to the Los Angeles County Development Authority ("LACDA") for review prior to the approval of an Administrative Housing Permit (Section 22.166.040) application. The MOU shall include the agreed upon payment or compensation that the applicant will give to the partnering third-party developer to construct the set-aside units, with sworn affidavits from both parties;

b.

Upon approval of the Administrative Housing Permit (Section 22.166.040) application, the Director shall notify the Commission of said approval with the following:

i.

The location of the off-site parcel;

ii.

The number of affordable housing set-aside units provided on the off-site parcel;

iii.

The household income levels assigned to such set-aside units;

iv.

The sizes (square footage) and number of bedrooms of such set-aside units; and

v.

A copy of the MOU between the applicant and the partnering third-party developer; and

c.

The approval of the Administrative Housing Permit (Section 22.166.040) application may be called for review by the Commission pursuant to Chapter 22.240 (Appeals).

G.

Covenant and Agreement Required. A covenant and agreement ensuring the continuing availability of affordable housing set-aside units shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

H.

Timing.

1.

All permits and entitlements, including the building permits, for the affordable housing set-aside units shall be obtained prior to or concurrently with the permits and entitlements, including the building permits, for the non-set-aside units.

2.

Where affordable housing set-aside units are provided off-site pursuant to Subsection F, above, such units shall obtain a certificate of occupancy from Public Works prior to the issuance of the final certificate of occupancy for the principal project.

(Ord. 2023-0052 § 2, 2023; Ord. 2021-0018 § 12, 2021; Ord. 2020-0064 § 12, 2020.)

22.121.060 - Incentive and Waiver or Reduction of Development Standard.

A project with any middle income affordable set-aside shall be eligible for one incentive and one waiver or reduction of a development standard, subject to the following:

A.

The project is not eligible to receive any incentive or waiver or reduction of development standard provided in Chapter 22.120 (Density Bonus);

B.

Incentive. The granting of an incentive pursuant to this Section is subject to the following:

1.

An Administrative Housing Permit (Section 22.166.040), unless any of the findings specified in Section 22.166.040.C.1.a are made, in which case a Discretionary Housing Permit (Section 22.166.050) application is required; and

2.

Said incentive shall not be used to request any density bonus or direct financial incentive, such as an exemption from, or a reduction in, the payment of any planning and zoning fees.

C.

Waiver or Reduction of Development Standard. The granting of a waiver or reduction of development standard pursuant to this Section is subject to an Administrative Housing Permit (Section 22.166.040), unless any of the findings specified in Section 22.166.040.C.1.b are made, in which case a Discretionary Housing Permit (Section 22.166.050) application is required.

(Ord. 2021-0010 § 30, 2021; Ord. 2020-0064 § 12, 2020.)

Notwithstanding any other provision of this Chapter, the requirements of this Chapter may be adjusted or waived, in whole or in part, for projects that are subject to Section 22.121.030.A, if the applicant demonstrates that applying the requirements of this Chapter would take property in violation of the United States or California Constitution, subject to the following:

A.

Written Request. The applicant shall bear the burden of presenting substantial evidence to support the adjustment or waiver. The request shall be submitted, in writing, at the time of initial application submittal. The request shall set forth the factual and legal basis for the claim and include financial and other information that the Director deems necessary to perform an independent evaluation of the applicant's rationale for the request.

B.

Determination. The Director will consider the request and issue a written determination, subject to the following;

1.

In making a determination, the Director may assume the following:

a.

The applicant will benefit from density bonuses, incentives, waivers, or other concessions pursuant to this Chapter or Chapter 22.120 (Density Bonus); and

b.

The applicant will provide the most economical inclusionary units feasible, meeting the requirements of this Chapter.

If the Director determines the requirements of this Section may be adjusted or waived, in whole or in part, then the inclusionary housing requirement(s) of the proposed housing development shall be adjusted or waived to reduce the obligations under this Chapter, only to the extent necessary to avoid an unconstitutional result.

C.

Appeal. The Director's determination may be appealed in the manner and within the time set forth in Chapter 22.240 (Appeals).

(Ord. 2023-0052 § 3, 2023; Ord. 2020-0064 § 12, 2020.)

To ensure consistency with long term economic trends, the Department shall evaluate the appropriateness of the affordable housing set asides in Table 22.121.050-A and Table 22.121.050-B and evaluate the boundaries of the submarket areas every five years from the effective date of this Chapter. The evaluation may be conducted more frequently as deemed appropriate by the Director.

(Ord. 2020-0064 § 12, 2020.)

Chapter 22.122 - LOW IMPACT DEVELOPMENT

All development, as defined in Chapter 12.84 (Low Impact Development Standards) of Title 12 (Environmental Protection) of the County Code, shall comply with the low-impact development requirements of said Chapter, subject to the applicability provisions of said Chapter.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.124 - HISTORIC PRESERVATION

This Chapter is known as, and may be cited as, the "Historic Preservation Ordinance."

(Ord. 2019-0004 § 1, 2019.)

22.124.020 - Purpose.

The purpose of the Historic Preservation Ordinance is to:

A.

Enhance and preserve the County's distinctive historic, architectural, and landscape characteristics that are part of the County's cultural, social, economic, political, and architectural history;

B.

Foster community pride in the beauty and noble accomplishments of the past as represented by the County's historic resources;

C.

Stabilize and improve property values in and around the County's historic resources, and enhance the aesthetic and visual character and environmental amenities of these historic resources;

D.

Recognize the County's historic resources as economic assets and encourage and promote the adaptive reuse of these historic resources;

E.

Further establish the County as a destination for tourists and as a desirable location for businesses; and

F.

Specify significance criteria and procedures for the designation of landmarks and historic districts, and provide for the ongoing preservation and maintenance of these landmarks and historic districts.

(Ord. 2019-0004 § 1, 2019.)

22.124.030 - Definitions.

Specific terms used in this Chapter are defined in Section 22.14.080 of Division 2 (Definitions), under "Historic Preservation."

(Ord. 2019-0004 § 1, 2019.)

22.124.040 - Applicability.

A.

This Chapter applies to all privately owned property within the unincorporated area of the County, and all publicly owned landmarks, except as provided in Subsection B, below.

B.

This Chapter does not apply to:

1.

Work involving a landmark or property within a historic district where a valid permit for the performance of such work was issued prior to the effective date of the nomination of the landmark or historic district, and the permit remains valid and in full force and effect at the time the work allowed by the permit is undertaken; or

Noncommercial property owned by any association or corporation that is religiously affiliated and not organized for profit, whether the corporation is organized as a religious corporation or as a public benefit corporation, provided that both of the following occur:

a.

The association or corporation objects to the application of the provisions of this part to its property; and

b.

The association or corporation determines during a public hearing held pursuant to this Chapter that it will suffer substantial hardship, which is likely to deprive the association or corporation of economic return on its property, the reasonable use of its property, or the appropriate use of its property in the furtherance of its religious mission, if the application of this Chapter to the property is approved.

(Ord. 2019-0004 § 1, 2019.)

22.124.050 - County of Los Angeles Register of Landmarks and Historic Districts.

A County Register of Landmarks and Historic Districts is hereby created to record and maintain an inventory of landmarks and historic districts. The Landmarks Commission shall, upon designation by the Board, update and keep a record of landmarks and historic districts on this register.

(Ord. 2019-0004 § 1, 2019.)

22.124.060 - Powers and Duties.

A.

In addition to any other powers set forth in this Chapter, and subject to the provisions of this Chapter, the Landmarks Commission shall have the authority to:

1.

Act as the County's local historic preservation review commission for the purposes of the Certified Local Government Program, recommend properties for inclusion in the National Register of Historic Places, and review and comment where authorized under the National Historic Preservation Act;

2.

If directed to do so by the Board, Commission, or Director, review and provide written reports to the Board, Commission, or Director on proposed actions by the County, including but not limited to the adoption or amendment of the General Plan, community plans, specific plans, or ordinances which may have an impact on, or affect historic preservation or historic resources;

3.

If directed to do so by the Board or the Director, investigate and study methods other than those provided for in this Chapter for encouraging and achieving historic preservation, and make appropriate

recommendations to the Board or the Director, or to other public agencies or private entities specified by the Board or the Director, for the adoption or incorporation of such methods;

4.

If directed to do so by the Board or the Director, disseminate information to the public concerning historic resources within the unincorporated area of the County and appropriate ways to protect, enhance, perpetuate, and use landmarks and property in historic districts;

5.

In connection with proposed landmark and historic district designations, recommend to the Board or Commission the adoption, certification, or ratification of environmental documents in accordance with CEQA or the National Environmental Policy Act (NEPA); and

6.

Adopt operational or instructional guidelines necessary to administer and enforce this Chapter.

B.

In addition to any other powers set forth in this Chapter, and subject to the provisions of this Chapter, the Commission shall have the authority to recommend to the Board the adoption, certification, or ratification of environmental documents, in accordance with CEQA or NEPA.

C.

In addition to any other powers set forth in this Chapter, and subject to the provisions of this Chapter, the Director shall have the authority to:

1.

Conduct studies and prepare documents, or cause such studies and documents to be conducted and prepared, in connection with the nomination of a landmark or historic district, as necessary to comply with CEQA, NEPA, or other applicable laws;

2.

Carry out, assist, and collaborate in studies and programs designed to identify and evaluate structures, sites, objects, trees, landscapes, and natural land features within the unincorporated areas of the County which may qualify as historic resources;

3.

Disseminate information to the public concerning historic resources within the unincorporated area of the County, and encourage and advise owners in the protection, enhancement, perpetuation, and use of landmarks and property within historic districts;

Apply to enroll the County in the Certified Local Government Program, and evaluate and apply for grants or funding sources for the purposes of historic preservation;

5.

Propose operational or instructional guidelines necessary to administer and enforce this Chapter, for adoption by the Landmarks Commission; and

6.

Except as otherwise provided in this Chapter, make any and all decisions, findings, and determinations necessary to carry out the provisions of this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.124.070 - Criteria for Designation of Landmarks and Historic Districts.

A.

A structure, site, object, tree, landscape, or natural land feature may be designated as a landmark if it is 50 years of age or older and satisfies one or more of the following criteria:

1.

It is associated with events that have made a significant contribution to the broad patterns of the history of the nation, State, County, or community in which it is located;

2.

It is associated with the lives of persons who are significant in the history of the nation, State, County, or community in which it is located;

3.

It embodies the distinctive characteristics of a type, architectural style, period, or method of construction, or represents the work of an architect, designer, engineer, or builder whose work is of significance to the nation, State, County, or community in which it is located; or possesses artistic values of significance to the nation, State, County, or community in which it is located;

4.

It has yielded, or may be likely to yield, significant and important information regarding the prehistory or history of the nation, State, County, or community in which it is located;

5.

It is listed, or has been formally determined eligible by the United States National Park Service for listing, in the National Register of Historic Places, or is listed, or has been formally determined eligible by the State Historical Resources Commission for listing, on the California Register of Historical Resources;

If it is a tree, it is one of the largest or oldest trees of the species located in the County; or

7.

If it is a tree, landscape, or other natural land feature, it has historical significance due to an association with a historic event, person, site, street, or structure, or because it is a defining or significant outstanding feature of a neighborhood.

B.

Property less than 50 years of age may be designated as a landmark if it meets one or more of the criteria set forth in Subsection A, above, and exhibits exceptional importance.

C.

The interior space of a property, or other space held open to the general public, including but not limited to a lobby, may be designated as a landmark or included in the landmark designation of a property if the space qualifies for designation as a landmark under Subsection A or B, above.

D.

Historic Districts. A geographic area, including a noncontiguous grouping of related properties, may be designated as a historic district if all of the following requirements are met:

1.

More than 50 percent of owners in the proposed district consent to the designation;

2.

The proposed district satisfies one or more of the criteria set forth in Subsections A.1 through A.5, above; and

3.

The proposed district exhibits either a concentration of historic, scenic, or sites containing common character-defining features, which contribute to each other and are unified aesthetically by plan, physical development, or architectural quality; or significant geographical patterns, associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of parks or community planning.

(Ord. 2019-0004 § 1, 2019.)

22.124.080 - Process to Nominate a Landmark or Historic District.

A.

Nomination by Board of Supervisors or Landmarks Commission. The Board or Landmarks Commission may by resolution nominate a landmark or historic district. Such resolution shall be in writing and shall include findings of fact in support of the nomination, including reasons why the proposed landmark or

historic district is eligible for, and deserving of, designation under the criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts). The nomination shall be effective as of the date the resolution is adopted.

B.

Nomination by Application.

1.

Nomination of a Landmark by Application. Any person, organization, or other entity may file an application with the Director to nominate a landmark. The application must be accompanied by the applicable fee, which shall be non-refundable. The application shall contain the following information:

a.

Name and address of the applicant;

b.

Evidence of the applicant's ownership interest in the subject property, if any;

c.

The location and legal description of the subject property;

d.

Evidence that the subject property is eligible and deserving of designation as a landmark under the criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts); and

e.

Such other information as the Director may require.

2.

Nomination of a Historic District by Application. Any person or organization may file an application with the Director to nominate a historic district. The application must be accompanied by the applicable fee, which shall be non-refundable. The application shall contain the information required by Subsection B.1, above, and shall also contain the following information:

a.

A map of the proposed historic district depicting the district's boundaries and each contributing and noncontributing property within the district, by street address;

b.

Evidence that the proposed historic district is eligible and deserving of designation as a historic district under the criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic

Districts); and

c.

A certification in writing by more than 50 percent of the owners of real property within the proposed historic district that such owners consent to the designation of the historic district.

3.

Effective Date of a Nomination by Application. A nomination by application shall be effective upon a written determination by the Director that the application is complete.

C.

Development Restrictions Upon Nomination.

1.

Except as provided in Subsections C.2 and D, below, no person shall perform or cause to be performed any work on a property subject to a landmark nomination, or on a property located within the proposed boundaries of a historic district nomination which has become effective, and no application for a permit or other approval which would authorize such work shall be approved by any County department or commission.

2.

The restrictions set forth in Subsection C.1, above, do not apply to an application for a permit or other approval, which application was deemed complete by the appropriate County department or commission prior to the effective date of the landmark or historic district nomination, or to work which may be performed on a landmark or property within a historic district without a certificate of appropriateness pursuant to Section 22.124.140.B (Certificate of Appropriateness—When Required).

D.

Certificate of Appropriateness or Certificate of Economic Hardship During Nomination. A person desiring to conduct work on a property subject to a landmark nomination which has become effective, or on a property located within the proposed boundaries of a historic district nomination which has become effective, may file an application for a certificate of appropriateness or certificate of economic hardship. The application shall be processed in accordance with Section 22.124.140 (Certificate of Appropriateness— When Required) through Section 22.124.180 (Certificate of Economic Hardship) as though the nomination has been approved. Work authorized by a certificate of appropriateness or certificate of economic hardship approved pursuant to this Chapter is not subject to the restrictions set forth in Subsection C.1, above.

(Ord. 2019-0004 § 1, 2019.)

A.

Review by the Director.

1.

Notice to Record Owner of the Nomination. Within 30 days of the effective date of a landmark nomination, the Director shall, by first-class mail, provide the following information to the record owner(s) of any property subject to the nomination:

a.

Notice that the property was nominated for designation as a landmark;

b.

That the landmark designation may restrict the owner's ability to alter, demolish, reconstruct, rehabilitate, relocate, renovate, or restore the property, and may otherwise limit the owner's use of the property;

c.

That the owner has a right to object to and be heard regarding the landmark designation; and

d.

The name, title, and contact information of a person within the Department who shall provide the owner information regarding the landmark designation process.

The Director shall also request that the owner(s) certify in writing within 30 days of the mailing of the notice of nomination whether the owner(s) consents or does not consent to the landmark designation. An owner who fails to respond within 30 days will be deemed not to consent to the designation. The notice required by this Subsection A.1 need not be given to any owner who is also the applicant filing the nomination application. An owner who is also the applicant shall be deemed to consent to the landmark designation.

2.

Report and Recommendation. Within 90 days of the date the Director mails the information required by Subsection A.1, above, but not sooner than the time allowed for an owner to certify whether or not the owner consents to the landmark designation, the Director shall file a report with the Landmarks Commission containing:

a.

A detailed description of the proposed landmark, including any character-defining features of the proposed landmark;

b.

The precise location and boundaries of the proposed landmark site;

c.

A recommendation as to whether the proposed landmark designation should be approved, approved with modifications, or disapproved;

d.

The factual basis supporting the recommendation, including a discussion of any applicable criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts); and

e.

A statement indicating whether the owner or owners of the property subject to the nomination consents to the designation.

The Director shall file a copy of the report with the Executive Officer-Clerk of the Board.

3.

Summary Denial by the Director. The Director may summarily deny an application to nominate a landmark where the Director finds based on the contents of the application and the criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts) that the nomination is wholly lacking in merit, and where there is evidence that the application was filed to delay or frustrate development activity planned for the property subject to the nomination. The Director may summarily deny an application no later than 90 days after receiving an application to nominate a landmark, but not before all record owners have indicated their consent or non-consent to the nomination, or are deemed not to consent to the nomination pursuant to Subsection A.1, above. For the purposes of this Subsection A.3, a nomination is "wholly lacking in merit" if no reasonable professional experienced in historic preservation within the County would find the nomination has merit. Within 10 days of summary denial, the Director shall, by first-class mail, notify the applicant and the record owner of any property subject to the nomination of the denial and the specific reasons therefor.

B.

Review by Landmarks Commission.

1.

The Landmarks Commission shall hold a public hearing on a landmark nomination not later than 90 days after the Director files a report with the Landmarks Commission pursuant to Subsection A.2, above.

2.

Within 30 days of the close of the public hearing, but in no event later than 120 days from the date of the filing of the Director's report pursuant to Subsection A.2, above, the Landmarks Commission shall do one of the following:

a.

Adopt a resolution recommending the Board approve the landmark designation, in whole or in part and with or without modifications. The resolution shall be in writing and shall:

i.

Contain a detailed description of the proposed landmark, including any character-defining features of the proposed landmark;

ii.

Delineate the location and boundaries of the proposed landmark;

iii.

State findings of fact supporting the recommendation, including a discussion of the applicable criteria for the designation of landmarks set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts) as applied to the proposed landmark; and

iv.

Indicate whether the owner or owners of all property subject to the designation consent to the designation.

The Landmarks Commission shall promptly file a copy of the resolution with the Executive Officer-Clerk of the Board; or

b.

Adopt a resolution disapproving the landmark designation and deny the nomination application. The Landmarks Commission shall disapprove a landmark designation and deny a nomination application if it determines that the criteria applicable to the designation have not been met. The Landmarks Commission shall adopt written findings of fact supporting its action disapproving a landmark designation.

3.

The Landmarks Commission shall provide notice of its action pursuant to Section 22.222.220 (Notice of Action), and shall also provide notice to the record owner(s) of all property subject to the proposed landmark designation.

4.

In the event the Landmarks Commission fails to act within the time set forth in Subsection B.1 or B.2, above, the landmark designation shall be deemed disapproved and the nomination application denied. In such case, the Department shall provide the notice required by Subsection B.3, above.

C.

Designation by the Board.

1.

Following the filing by the Landmarks Commission of a resolution adopted pursuant to Subsection B.2, above, and after holding a public hearing if required by Subsection C.2, below, the Board shall do one of the following:

a.

Adopt a resolution approving the landmark designation, in whole or in part and with or without modifications. The resolution shall be in writing and shall:

i.

Contain a detailed description of the proposed landmark, including any character-defining features of the proposed landmark;

ii.

Delineate the location and boundaries of the landmark; and

iii.

State findings of fact supporting the landmark designation, including a discussion of the applicable criteria for the designation of landmarks set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts).

The resolution may also establish guidelines and standards for future proposed changes to the landmark, and may specify the nature of any work which may be performed on the landmark without the prior issuance of a certificate of appropriateness; or

b.

Adopt a resolution disapproving the landmark designation and deny the nomination application, if the Board determines that the criteria applicable to the designation have not been met. The Board shall adopt written findings of fact supporting its action denying a designation.

2.

If the resolution filed by the Landmarks Commission with the Board pursuant to Subsection B.2, above, indicates the owner of any property subject to the landmark designation does not consent to the designation, the Board shall hold a public hearing to consider the proposed landmark designation.

3.

The Board shall provide notice of its action pursuant to Section 22.222.220 (Notice of Action), and shall also provide notice by first-class mail or electronic mail, where applicable, to the owner(s) of all property subject to the landmark designation.

D.

Effective Date of Designation. A landmark designation shall be effective as of the date a resolution approving the designation is adopted by the Board.

E.

Upon the effective date of a landmark designation, the Landmarks Commission shall promptly enter the property into the County Register as a "Los Angeles County Landmark," and shall specify the effective date of the landmark designation.

F.

Recordation. The Director shall cause a document titled "Notice of Landmark Designation" to be promptly recorded with the Registrar-Recorder/County Clerk upon the effective date of a landmark designation. The Notice of Landmark Designation shall include:

1.

A legal description of the property designated as a landmark;

2.

The effective date of the landmark designation;

3.

A statement that the alteration, demolition, reconstruction, rehabilitation, relocation, renovation, or restoration of the landmark may be restricted or prohibited by the provisions of this Chapter; and

4.

A certified copy of the resolution adopted by the Board designating the landmark.

(Ord. 2019-0004 § 1, 2019.)

22.124.100 - Process for Designation of a Historic District.

A.

Review by the Director.

1.

Notice to Record Owner of the Nomination. Within 30 days of the effective date of a historic district nomination, the Director shall, by first-class mail, provide the following information to the record owner(s) of any property within the boundaries of a proposed historic district:

a.

Notice that the property is within the boundaries of a proposed historic district;

b.

That the designation of the historic district may restrict the owner's ability to alter, demolish, reconstruct, rehabilitate, relocate, renovate, or restore the property within the historic district;

c.

That the owner has a right to object to and be heard regarding the historic district designation; and

d.

The name, title, and contact information of a person within the Department who shall provide the owner information regarding the historic district designation process.

The Director shall also request that the owner(s) certify in writing within 30 days of the mailing of the notice of nomination whether the owner(s) consents or does not consent to the historic district designation. An owner who fails to respond within 30 days will be deemed not to consent to the designation. The Director may grant one extension, not to exceed 90 days, for owners to certify in writing whether they consent or do not consent, applicable to all properties within the proposed historic district, where the Director determines that the additional time is necessary based on the size or specific features of the proposed historic district.

2.

Report and Recommendation. Within 180 days of the date the Director mails the information required by Subsection A.1, above, but not sooner than the time allowed for an owner to certify whether or not the owner consents to the designation, including any extension granted by the Director, the Director shall file a report with the Landmarks Commission containing:

a.

A detailed description of the proposed historic district, including each contributing property therein, and the character-defining features of the proposed historic district;

b.

The precise location and boundaries of the proposed historic district;

c.

A recommendation as to whether the proposed historic district should be approved, approved with modifications, or disapproved;

d.

The factual basis supporting the recommendation, including a discussion of any applicable criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts); and

e.

A statement indicating the percentage of owners which have consented to the designation.

The Director shall file a copy of the report with the Executive Officer-Clerk of the Board.

3.

Summary Denial by the Director. The Director may summarily deny an application to nominate a historic district where the Director finds based on the contents of the application and the criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts) that the nomination is wholly lacking in merit, and where there is evidence that the application was filed to delay or frustrate development activity planned for the property subject to the nomination. The Director may summarily deny an application no later than 180 days after receiving an application to nominate a historic district, but not

before all record owners have indicated their consent or non-consent to the nomination, or are deemed not to consent to the nomination pursuant to Subsection A.1, above. For the purposes of this Subsection A.3, a nomination is "wholly lacking in merit" if no reasonable professional experienced in historic preservation within the County would find the nomination has merit. Within 10 days of summary denial, the Director shall, by first-class mail, notify the applicant and the record owners of any real property within the boundaries of the proposed historic district of the denial and the specific reasons therefor.

B.

Review by Landmarks Commission.

1.

The Landmarks Commission shall hold a public hearing on a historic district nomination not later than 90 days after the Director files a report with the Landmarks Commission pursuant to Subsection A.2, above.

2.

Within 30 days of the close of the public hearing, but in no event later than 120 days from the date of the filing of the Director's report pursuant to Subsection A.2, above, the Landmarks Commission shall do one of the following:

a.

Adopt a resolution recommending the Board approve the historic district designation, in whole or in part and with or without modifications. The resolution shall be in writing and shall:

i.

Contain a detailed description of the proposed historic district, including each contributing property therein, and the character-defining features of the proposed historic district;

ii.

Delineate the location and boundaries of the proposed historic district;

iii.

State findings of fact supporting the recommendation, including a discussion of the applicable criteria for the designation of historic districts set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts); and

iv.

Indicate the percentage of owners who have consented to the historic district designation.

The Landmarks Commission shall promptly file a copy of the resolution with the Commission and the Executive Officer-Clerk of the Board; or

b.

Adopt a resolution disapproving the historic district designation and deny the nomination application. The Landmarks Commission shall disapprove a historic district designation if it determines that the criteria applicable to the designation have not been met. The Landmarks Commission shall adopt written findings of fact supporting its action disapproving a historic district designation.

3.

The Landmarks Commission shall provide notice of its action pursuant to Section 22.222.220 (Notice of Action), and shall also provide notice by first-class mail or electronic mail, where applicable, to the record owner(s) of all real property located within the proposed historic district.

4.

In the event the Landmarks Commission fails to act within the time set forth in Subsection B.1 or B.2, above, the historic district designation shall be deemed denied. In such case, the Department shall provide the notice required by Subsection B.3, above.

C.

Review by Regional Planning Commission.

1.

For each proposed historic district for which the Landmarks Commission files a resolution with the Commission pursuant to Subsection B.2, above, the Commission shall hold a public hearing to consider whether the proposed historic district is consistent with the General Plan and any applicable area or specific plans, and whether the designation of the proposed historic district will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. The Commission shall defer to the Landmarks Commission's findings regarding whether the historic district satisfies the criteria for the designation of historic districts set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts).

2.

The Commission shall hold a public hearing on a proposed historic district designation not later than 90 days after the Landmarks Commission files a resolution with the Regional Planning Commission pursuant to Subsection B.2, above.

3.

Within 30 days of the close of the public hearing, but in no event later than 120 days of the filing of the Landmarks Commission's resolution pursuant to Subsection B.2, above, the Commission shall do one of the following:

a.

Adopt a resolution recommending the Board approve the historic district designation, in whole or in part and with or without modifications. The resolution shall be in writing and contain findings of fact demonstrating that the proposed historic district is consistent with the General Plan and any applicable

area or specific plans, and will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice. The resolution shall attach and incorporate any prior resolution of the Landmarks Commission recommending approval of the historic district designation. The Commission shall promptly file a copy of the resolution with the Executive Officer-Clerk of the Board; or

b.

Adopt a resolution disapproving the historic district designation and deny the nomination application. The Commission shall disapprove a historic district designation if it determines that the proposed historic district is inconsistent with the General Plan or any applicable area or specific plans, is not in the interest of public health, safety, and general welfare, or is not in conformity with good zoning practice. The Commission shall adopt written findings of fact supporting its action disapproving a designation.

4.

The Commission shall provide notice of its action pursuant to Section 22.222.220 (Notice of Action), and shall also provide notice by first-class mail or electronic mail, where applicable, to the record owners of all real property subject to the proposed historic district designation.

5.

In the event the Commission fails to act within the time set forth in Subsection C.2 or C.3, above, the designation shall be deemed disapproved. In such case, the Department shall notify the Board and shall provide the notice required by Subsection C.4, above.

D.

Designation by the Board.

1.

Following the filing by the Commission of a resolution pursuant to Subsection C.3, above, or following notice from the Department given pursuant to Subsection C.5, above, and after holding a public hearing on the proposed Historic District designation, the Board may:

a.

Adopt an ordinance designating the historic district designation, in whole or in part and with or without modifications. The ordinance shall delineate the location and boundaries of the historic district, specify the contributing properties therein, and describe the character-defining features of the historic district. The ordinance may also establish guidelines and standards for future proposed changes to property within the historic district, and may specify the nature of any work which may be performed within the historic district without the prior issuance of a certificate of appropriateness. The Board shall adopt written findings of fact in support of its designation, including a discussion of the applicable criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts); or

b.

Disapprove the historic district designation, if the Board determines that the applicable criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts) have not been met; or if it determines that the proposed historic district is inconsistent with the General Plan or any applicable area or specific plans, is not in the interest of public health, safety, and general welfare, or is not in conformity with good zoning practice. The Board shall adopt written findings of fact supporting its action disapproving a designation.

2.

The Board shall provide notice of its action pursuant to Section 22.222.220 (Notice of Action), and shall also provide notice by first-class mail or electronic mail, where applicable, to the owners of all property subject to the historic district designation.

E.

Effective Date of Designation. A historic district designation shall be effective as of the date the ordinance establishing the historic district becomes effective.

F.

Upon the effective date of a historic district designation:

1.

The Landmarks Commission shall promptly enter the district into the County Register as a "Los Angeles County Historic District," and shall specify the effective date of the historic district nomination; and

2.

The Director shall promptly revise the County's Zoning Map to reflect the historic district.

(Ord. 2019-0004 § 1, 2019.)

22.124.110 - Procedure for Amendment or Rescission of Designation.

A.

The designation of a landmark or historic district may be modified or rescinded by the Board if it finds, after holding a public hearing, that:

1.

The evidence used to establish the designation was erroneous or that the designation was procured by fraud; or

2.

The landmark or historic district no longer meets the criteria for designation set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts) due to reasons outside the control of the

owner(s) of the designated property, including but not limited to damage caused by natural disaster, flood, earthquake, or other calamity.

The Board shall adopt written findings of fact supporting its decision to modify or rescind a designation.

B.

The Board may, without prior notice or public hearing, rescind a landmark designation if it finds that a landmark has been lawfully demolished, removed, or relocated in conformance with the provisions of this Chapter. The decision to rescind a landmark designation pursuant to this Section shall be by written resolution containing findings of fact in support of the decision.

(Ord. 2019-0004 § 1, 2019.)

When a landmark or historic district designation has been modified or rescinded, the Department shall promptly notify the owners of the property included therein, and shall cause a copy of the appropriate resolution or ordinance, or notice thereof, to be recorded with the Registrar-Recorder/County Clerk.

(Ord. 2019-0004 § 1, 2019.)

22.124.130 - Designation of County-Owned Property as a Landmark.

A.

The Board may designate any County-owned property as a landmark, if the Board determines that the property satisfies the applicable criteria set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts).

B.

The designation of a County-owned property as a landmark may be made by written resolution which shall:

1.

Contain a detailed description of the property subject to the landmark designation, including the characterdefining features that justify the designation and should be preserved;

2.

Delineate the location and boundaries of the landmark; and

3.

Discuss the criteria for the designation of landmarks set forth in Section 22.124.070 (Criteria for Designation of Landmarks and Historic Districts) as applied to the landmark. The resolution may also establish guidelines and standards for future proposed changes to the landmark, and may impose any other restrictions or regulations on future work on or use of the landmark.

C.

Effective Date of Designation. A landmark designation of a County-owned property shall be effective as of the date the resolution approving the designation is adopted by the Board.

D.

Upon the effective date of the designation of the County-owned property as a landmark, the Landmarks Commission shall promptly enter the property into the County Register as a "Los Angeles County Landmark," and shall specify the effective date of the landmark designation.

E.

Recordation. The Director shall cause a document titled "Notice of Landmark Designation" to be promptly recorded with the Registrar-Recorder/County Clerk upon the effective date of the designation of a Countyowned property as a landmark. The Notice of Landmark Designation shall include:

1.

A legal description of the property designated as the landmark;

2.

The effective date of the landmark designation; and

3.

A certified copy of the resolution adopted by the Board designating the landmark.

F.

A County-owned property designated by the Board as a landmark shall be subject only to the guidelines, standards, restrictions, or regulations set forth in the designating resolution, or in any subsequent resolution adopted by the Board regarding the landmark designation, and shall not otherwise be subject to this Chapter. The Director shall assist County departments or commissions to determine whether proposed work on or use of a County-owned landmark is consistent with its landmark designation, at the request of such departments or commissions.

(Ord. 2019-0004 § 1, 2019.)

A.

Except as set forth in Subsection B, below, a certificate of appropriateness is required prior to conducting any of the following work:

1.

Work involving or impacting the exterior of a landmark structure or property located within a historic district;

Work involving or impacting a character-defining feature of a landmark or historic district; and

3.

Work which requires a certificate of appropriateness pursuant to the resolution or ordinance designating the landmark or historic district.

B.

A certificate of appropriateness shall not be required for work which the Director determines constitutes any of the following:

1.

Maintenance and repair;

2.

Work which is authorized by the ordinance or resolution designating the landmark or historic district without a certificate of appropriateness;

3.

A change to sign copy of a sign affixed to or part of a landmark or located within a historic district, if the change does not alter the existing design or materials of the sign; or

4.

Work which is necessary to correct an unsafe condition, pursuant to Section 22.124.220 (Unsafe or Dangerous Conditions).

5.

Construction of an accessory dwelling unit, pursuant to Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

(Ord. 2025-0029 § 5, 2025; Ord. 2019-0004 § 1, 2019.)

22.124.150 - Certificate of Appropriateness—Application and Hearing.

A.

Application.

1.

Where a certificate of appropriateness is required pursuant to this Chapter, the owner of any property requiring the certificate of appropriateness, or the owner's authorized agent, may file an application with the Director for a certificate of appropriateness. The application must be accompanied by the applicable fee, which shall be non-refundable. The application shall contain the following information:

a.

Name and address of the applicant;

b.

Evidence that the applicant is the sole owner of the subject property or has the written permission of all owners to make such application;

c.

The location (address or vicinity) and legal description of the subject property;

d.

A site plan drawn to a scale satisfactory to and in the number of copies prescribed by the Director, indicating the use, location, and size of all buildings and structures, yards, driveways, access areas, vehicle and bicycle parking areas, pedestrian facilities, landscaping, walls or fences, and other similar features on the subject property;

e.

A detailed description of work proposed to be carried out, and any plans, drawings, diagrams, or photographs as may be required by the Director to determine compliance with this Chapter and with this Title 22; and

f.

Such other information as the Director may require.

2.

The Director shall notify the applicant within 30 days of submittal whether the application is complete or whether additional information is required.

B.

Review by the Director. Upon receipt of a complete application accompanied by all required fees, the Director shall review the application, conduct or cause to be conducted any research, inspections, studies, or other activities necessary to evaluate the application, and take appropriate action pursuant to Subsection C or D, below.

C.

Administrative Certificate of Appropriateness. If an application for a certificate of appropriateness seeks to authorize reconstruction, rehabilitation, restoration, an addition of less than 500 square feet of new floor area to a landmark structure or structure located in a historic district, or any combination thereof, the Director shall administratively approve the application if the work proposed conforms to the standards set forth in Section 22.124.160 (Certificate of Appropriateness—Standards). The Director shall administratively deny the application if the work proposed does not conform to the standards set forth in Section

22.124.160. The Director shall approve, modify and approve, or disapprove the application within 60 days of the receipt of a complete application for a certificate of appropriateness accompanied by all required fees, unless extended by the applicant. In the event the Director fails to act within the time set forth in this Subsection C, the application shall be deemed approved.

D.

Review by Landmarks Commission.

1.

Where an application for a certificate of appropriateness seeks to authorize work not subject to administrative approval by the Director pursuant to Subsection C, above, the Landmarks Commission shall hold a public hearing to consider the application. The public hearing shall be held within 180 days of the receipt of a complete application for a certificate of appropriateness accompanied by all required fees, unless extended by the applicant or by the Director pursuant to Section 22.124.280 (Time Extensions to Comply with CEQA). In advance of the public hearing, the Director shall file with the Landmarks Commission a report summarizing the research, investigations, inspection, studies, or other activities with respect to the application for a certificate of appropriateness. The report shall contain a recommendation to approve, approve with modifications, or deny the certificate of appropriateness.

2.

The Landmarks Commission may continue any public hearing required by Subsection D.1, above, to permit the investigation of alternatives to the work proposed in the certificate of appropriateness application. Any continuances pursuant to Subsection D.2, below, shall not cumulatively exceed 180 days from the receipt by the Director of a complete application for a certificate of appropriateness accompanied by all required fees, unless agreed to by the applicant or extended by the Director pursuant to Section 22.124.280 (Time Extensions to Comply with CEQA).

3.

Within 60 days of the close of the public hearing, the Landmarks Commission shall do one of the following:

a.

Approve or modify and approve the application, if the work proposed conforms to each of the standards set forth in Section 22.124.160 (Certificate of Appropriateness—Standards); or

b.

Deny the application if the work proposed does not conform to each of the standards set forth in Section 22.124.160 (Certificate of Appropriateness—Standards). The decision of the Landmarks Commission pursuant to this Subsection D.3 shall be in writing and state findings of fact in support of its decision.

4.

The Landmarks Commission shall serve notice of its action pursuant to Section 22.222.220 (Notice of Action), and shall also provide notice by first-class mail or electronic mail, where applicable, to all owners of

the subject property.

5.

In the event the Landmarks Commission fails to act within the time set forth in Subsection D.1 or D.3, above, the application shall be deemed approved. In such case the Department shall provide the notice required by Subsection D.4, above.

E.

Where a certificate of appropriateness authorizes work that requires a permit or other approval from a County department or commission, or other government agency, an application for such permit or approval must be submitted within one year from the date the certificate of appropriateness is approved. Where a certificate of appropriateness authorizes work requiring more than one permit or approval from a County department or commission, or other government agency, each such application must be submitted within one year from the date the certificate of appropriateness is approved. The applicant may submit a written request to the Director for an extension of time to submit any necessary application. The request must provide facts demonstrating that such additional time is necessary despite the applicant's diligence and good faith efforts to prepare and submit the required application. The Director shall grant a one-time, six-

month extension if the Director determines the applicant has proceeded diligently and in good faith but requires additional time to submit the required application. A certificate of appropriateness will expire and become null, void, and of no effect if the applicant fails to submit a timely application for a permit or other approval pursuant to this Subsection E.

F.

An application for a certificate of appropriateness may be filed concurrently with an application for any other permit or approval. Except as provided in Section 22.124.040.B.1, no person shall conduct or cause to be conducted any work requiring a certificate of appropriateness pursuant to this Chapter, regardless of any permit or other approval authorizing such work, unless and until a certificate of appropriateness authorizing such work is approved and becomes final and effective pursuant to this Chapter.

(Ord. 2019-0004 § 1, 2019.)

A certificate of appropriateness shall be approved if the work proposed therein satisfies each of the following criteria:

A.

The proposed work is appropriate for and consistent with the purposes of this Chapter.

B.

The proposed work will comply with the United States Secretary of the Interior's Standards for the Treatment of Historic Properties for landmarks and contributing properties.

C.

The proposed work will preserve, enhance, or restore, and does not damage or destroy, the exterior or character-defining features, interior or exterior, of a landmark or contributing property.

D.

The proposed work will not adversely affect the special character or special historical, architectural, or aesthetic interest or value of a landmark, contributing property, or historic district.

E.

For proposed work involving the exterior of a structure in a historic district, which structure is not designated as a landmark or contributing property, the proposed work will be compatible with the character of the historic district.

F.

The proposed work will comply with the provisions of the applicable resolution or ordinance designating the landmark or historic district.

G.

The proposed work will comply with any applicable guidelines adopted by the County for the treatment of landmarks and properties within historic districts.

(Ord. 2019-0004 § 1, 2019.)

22.124.170 - Certificate of Appropriateness—Subsequent Modifications.

A County department or commission may authorize modifications to an approved certificate of appropriateness where:

A.

The County department or commission is responsible for issuing a permit or approval for the work to be modified;

B.

The Director, department head, or other authorized agent of the department or commission determines that the modifications are required by applicable law or County Code; and

C.

After consultation with the Director, the Director determines the modifications will not have an adverse effect on the character-defining features of any landmark or contributing property, and are compatible with any applicable landmark or historic district designation.

(Ord. 2019-0004 § 1, 2019.)

22.124.180 - Certificate of Economic Hardship.

A.

Application.

1.

Where a certificate of appropriateness is required pursuant to this Chapter, an owner of the subject property, or the owner's authorized agent, may instead file an application with the Director for a certificate of economic hardship on the basis that strict application of the provisions of this Chapter to the subject property will result in an undue hardship to the owner(s) of the subject property. The application shall be accompanied by the applicable fee, which shall be non-refundable. The application shall contain all of the information required by Section 22.124.150.A.1 (Application) and shall contain the following additional information:

a.

The estimated market value of the property in its current condition;

b.

The estimated market value of the property after completion of the work proposed in the application;

c.

Estimates of the costs of the work proposed in the application;

d.

In the case of demolition:

i.

The estimated market value of the property after rehabilitation of the existing property and an estimate from an architect, developer, real estate consultant, appraiser, or other professional with experience in rehabilitation as to the economic feasibility of rehabilitation of the existing structures on the property; and

ii.

A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

e.

For income producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, annual cash flow after debt service, assessed property valuations, and real estate taxes for the two years preceding the date of the application;

f.

The remaining balance of any mortgage or other financing secured by the property and annual debt service, if any, for the two years preceding the date of the application;

g.

A current appraisal of the property and all other appraisals of the property obtained by the owner or applicant within the two years preceding the date of the application;

h.

The date the property was purchased and, if purchased within the 36 months preceding the date of the application, the amount paid for the property, the party from whom the property was purchased, including a description of the relationship, if any, between the owner or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

i.

Any listing of the property for sale or rent, and prices or rent amounts asked, and offers for purchase or lease received, if any, within the two years preceding the date of the application; and

j.

Any other information the Director may require to determine whether or not the property does or may yield a reasonable return to the owner.

2.

The Director shall notify the applicant within 30 days of submittal whether the application is complete or whether additional information is required.

B.

Review by the Director. Upon receipt of a complete application accompanied by all required fees, the Director shall review the application, and conduct or cause to be conducted any research, inspections, studies, or other activities necessary to evaluate the application.

C.

Review by the Landmarks Commission.

1.

The Landmarks Commission shall hold a public hearing to consider an application for a certificate of economic hardship. The public hearing shall be held within 180 days of the receipt of a complete application accompanied by all required fees, unless extended by the applicant or by the Director pursuant to Section 22.124.280 (Time Extensions to Comply with CEQA). In advance of the public hearing, the Director shall file with the Landmarks Commission a report summarizing the research, investigations, inspection, studies or other activities with respect to the application for a certificate of appropriateness. The report shall contain a recommendation to approve, approve with modifications, or deny the certificate of economic hardship.

The Landmarks Commission may continue any public hearing required by Subsection C.1, above, to permit the investigation of alternatives to the work proposed in the certificate of economic hardship application. Any continuances pursuant to this Subsection C.2 shall not cumulatively exceed 180 days from the receipt by the Director of a complete application for a certificate of economic hardship accompanied by all required fees, unless agreed to by the applicant or extended by the Director pursuant to Section 22.124.280 (Time Extensions to Comply with CEQA).

3.

Within 60 days of the close of the public hearing, the Landmarks Commission shall approve, modify and approve, or disapprove the application. The decision of the Landmarks Commission shall be in writing and state findings of fact in support of its decision.

4.

The Landmarks Commission shall not approve an application for a certificate of economic hardship unless the information submitted by the applicant or presented at public hearing substantiates all of the following findings:

a.

Denial of the certificate of economic hardship will result in immediate and substantial hardship to the owner(s) of the subject property because of conditions peculiar to the property, or features thereof;

b.

The sale, rental, or rehabilitation of the property is not economically reasonable, practical, or viable, considering the cost of utilizing the property for uses allowed in the applicable zone, including any existing allowed non-conforming uses; and

c.

Denial of the certificate of economic hardship would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

5.

For the purposes of the findings required by Subsection C.4, above, evidence of actual financial loss or lost opportunity to obtain increased return from the property may be evidence supporting the approval of a certificate of economic hardship, but standing alone is not sufficient evidence to approve a certificate of economic hardship.

6.

The Landmarks Commission shall serve notice of its action pursuant to Section 22.222.220 (Notice of Action), and shall also provide notice by first-class mail or electronic mail, where applicable, to all owners of the subject property.

In the event the Landmarks Commission fails to act within the time set forth in Subsection C.1 or C.3, above, the application shall be deemed approved. In such case the Department shall provide the notice required by Subsection C.6, above.

D.

Concurrent Processing with an Application for a Certificate of Appropriateness. An application for a certificate of economic hardship may be filed concurrently with an application for a certificate of appropriateness. In such cases, the applications will be processed and considered concurrently as a single application, and only the applicable fee for a certificate of economic hardship application shall be required. The applicable reviewing body pursuant to this Chapter may approve the certificate of appropriateness and deny the certificate of economic hardship as moot; deny the certificate of appropriateness and approve the certificate of economic hardship; or deny both.

E.

Where a certificate of economic hardship authorizes work that requires a permit or other approval from a County department or commission, or other government agency, an application for such permit or approval must be submitted within one year from the date the certificate of economic hardship is approved. Where a certificate of economic hardship authorizes work requiring more than one permit or approval from a County department or commission, or other government agency, each such application must be submitted within one year from the date the certificate of economic hardship is approved. The applicant may submit a written request to the Director for an extension of time to submit any necessary application. The request must provide facts demonstrating that such additional time is necessary despite the applicant's diligence and good faith efforts to prepare and submit the required application. The Director shall grant a one-time, six-month extension if the Director determines the applicant has proceeded diligently and in good faith, but requires additional time to submit the required application. A certificate of economic hardship will expire and become null, void, and of no effect if the applicant fails to submit a timely application for a permit or other approval pursuant to this Subsection E.

F.

An application for a certificate of economic hardship may be filed concurrently with an application for any other permit or approval. Except as provided in Section 22.124.040.B.1 (Applicability), no person shall conduct or cause to be conducted any work requiring a certificate of economic hardship pursuant to this Chapter, regardless of any permit or other approval authorizing such work, unless and until a certificate of economic hardship authorizing such work is approved and becomes final and effective pursuant to this Chapter.

(Ord. 2019-0004 § 1, 2019.)

22.124.190 - Effective Date of Decision; Appeals and Calls for Review; Resubmission, Reconsideration.

A.

The effective date of a decision made pursuant to this Chapter shall be determined pursuant to Section 22.222.230 (Effective Date of Decision and Appeals), except that a decision of the Director or Landmarks Commission made pursuant to this Chapter which is not subject to appeal or call for review is effective and

final on the date the decision is made. A decision of the Board made pursuant to this Chapter is effective and final on the date the decision is made.

B.

Rights of Appeal.

1.

The rights of appeal described in Section 22.222.230.C are limited as set forth in this Subsection B.

2.

Appeals to the Landmarks Commission. Any person may appeal the following decisions or determinations to the Landmarks Commission:

a.

A decision by the Director to summarily deny a nomination pursuant to Section 22.124.090.A.3 (Summary Denial by the Director) or Section 22.124.100.A.3 (Summary Denial by the Director), in which case such appeal shall be limited to the issue of whether summary denial was proper; or

b.

A decision by the Director to approve, including deemed approvals, modify and approve, or deny an administrative certificate of appropriateness pursuant to Section 22.124.150.C (Administrative Certificate of Appropriateness).

The decision by the Landmarks Commission on any such appeal shall not be subject to further administrative appeal.

3.

Appeals to the Board. Any person may appeal the following decisions or determinations to the Board:

a.

A decision by the Landmarks Commission to disapprove, including deemed disapprovals, the designation of a landmark pursuant to Section 22.124.090.B (Review by Landmarks Commission) or historic district pursuant to Section 22.124.100.B (Review by Landmarks Commission);

b.

A decision by the Landmarks Commission to approve, including deemed approvals, modify and approve, or disapprove a certificate of appropriateness pursuant to Section 22.124.150.D (Review by Landmarks Commission); or

c.

A decision by the Landmarks Commission to approve, including deemed approvals, modify and approve, or disapprove a certificate of economic hardship pursuant to Section 22.52.3180.C (Review by Landmarks

Commission).

4.

Where the Board reverses the decision of the Landmarks Commission to disapprove a historic district nomination, the Board shall either remand the matter to the Landmarks Commission for further consideration, or direct the matter to the Commission for consideration pursuant to Section 22.124.100.C (Review by Regional Planning Commission).

5.

Where work authorized by a certificate of appropriateness or certificate of economic hardship approved pursuant to this Chapter may not be carried out in whole or in part without a Conditional Use Permit, variance, subdivision, or other entitlement pursuant to this Title 22, and such Conditional Use Permit, variance, subdivision, or other entitlement may be appealed to the Board pursuant to this Title 22, the certificate of appropriateness or certificate of economic hardship may not be separately appealed to the Board under Subsection B.3, above. The effective date of such certificate of appropriateness or certificate of economic hardship shall be deemed stayed pending the processing of the Conditional Use Permit, variance, or other entitlement. If such Conditional Use Permit, variance, subdivision, or other entitlement is approved, the effective date of the certificate of appropriateness or certificate of economic hardship shall be deemed the same as the effective date of the Conditional Use Permit, variance, subdivision, or other entitlement, and may be timely appealed concurrently with a timely appeal of the Conditional Use Permit, variance, subdivision, or other entitlement. Where the Conditional Use Permit, variance, subdivision, or other entitlement is timely called for review pursuant to Chapter 22.240 (Appeals), the certificate of appropriateness or certificate of economic hardship shall also be deemed timely called for review.

C.

Notice of Decision. In addition to persons entitled to receive notice pursuant to Section 22.222.220 (Notice of Action), the appellate or review body shall serve notice of its action by first-class mail or electronic mail where applicable on all owners of the property subject to the appeal or call for review.

D.

Resubmission, Reconsideration. When a decision approving, modifying and approving, or disapproving a nomination or application made or submitted pursuant to this Chapter becomes final pursuant to this Section, no subsequent nomination or application that is the same or substantially the same may be made for a period of one year from the effective date of the final determination or decision.

(Ord. 2019-0004 § 1, 2019.)

22.124.200 - Public Hearing Procedures.

A.

Notice of Public Hearing. Whenever a public hearing is required or permitted to be held pursuant to this Chapter, notice shall be provided pursuant to Section 22.222.120.B.2 (Notice of Public Hearing), and shall also be provided as follows:

1.

Nominations, Landmarks. Not less than 30 days prior to the date of the public hearing, notice shall be given by first-class mail to the record owner(s) of any property subject to the nomination to be considered at the public hearing.

2.

Nominations, Historic Districts. Not less than 30 days prior to the date of the public hearing, notice shall be given by first-class mail to the record owner(s) of each property proposed to be located within a historic district.

3.

Certificate of Appropriateness/Certificate of Economic Hardship, Landmarks. Not less than 30 days prior to the date of the public hearing, notice shall be given by first-class mail to all record owners within 150 feet of the subject property.

4.

Certificate of Appropriateness/Certificate of Economic Hardship, Historic Districts. Not less than 30 days prior to the date of the public hearing, notice shall be given by first-class mail to the record owners of all properties within 300 feet of the subject property.

B.

Posting. Posting of a public hearing notice sign shall be required in compliance with Section 22.222.170 (Sign Posting), except that the hearing notice sign shall be posted not less than 30 days prior to the date of the public hearing. For proposed landmarks, where the owner consents to the landmark designation, the notice sign shall also be prominently displayed on the place, building, object, or structure subject to the public hearing. For proposed historic districts, the notice sign shall also be placed on the principal boundaries thereof, or at any alternative posting locations as may be directed by the Director.

C.

Appeals. In the case of an appeal, not less than 30 days prior to the date of the public hearing on the appeal, notice shall be given by first-class mail to the appellant, in addition to any other person to whom notice is required to be given pursuant to Subsection A, above.

(Ord. 2019-0004 § 1, 2019.)

22.124.210 - Joint and Common Ownership—Notice and Consent.

A.

Where notice is required to or may be given pursuant to this Chapter, notice may be given as follows:

Where a building or group of buildings has been divided into condominiums with any common areas maintained or operated by an association of the condominium owners, to the association only.

2.

Where a building or group of buildings has been dividing into condominiums with any common areas maintained or operated by an association of the condominium owners, and a proposed designation includes commonly owned features and features which are not commonly owned, such as, but not limited to, the interior of a condominium unit, to the association and the owner of any of the areas which are not commonly owned.

3.

Where property is owned by a cooperative corporation, to the corporation only.

B.

Where consent of an owner is required or may be given pursuant to this Chapter, the following rules apply:

1.

Where a building or group of buildings has been divided into condominiums with any common areas maintained or operated by an association of the condominium owners, the association shall be the sole owner for the purposes of giving consent, except that where a proposed designation includes commonly owned areas and areas which are not commonly owned, such as, but not limited to, the interior of a condominium unit, the owner of any of the areas which are not commonly owned shall also be an owner for the purposes of giving consent.

2.

Where a property is owned by a cooperative corporation, the corporation shall be deemed the sole owner for the purposes of giving consent.

3.

Where property is owned jointly by one or more persons, organizations, corporations, or other entities, the owners must act unanimously as though there were only one owner. Joint owners who fail to provide unanimous consent shall be deemed not to consent. The County shall have no obligation to investigate or determine the legal relationship among the joint owners governing the owners' respective rights to grant consent.

4.

Where property is owned in trust, the trustee shall be considered the sole owner for the purposes of giving consent, unless the trustee notifies the Department in writing of the identity of the beneficial owner or owners of the building, structure, or other real property, and certifies in writing that the beneficial owner or owners will act on behalf of the trust for the purposes of this Chapter. The rules regarding unanimous consent of joint owners set forth in Subsection B.3, above, shall apply to multiple trustees or multiple beneficial owners. The County shall have no obligation to investigate or determine the legal relationship

among the trustees or beneficial owners governing the trustees' or owners' respective rights to grant consent.

(Ord. 2019-0004 § 1, 2019.)

None of the provisions of this Chapter shall be construed to prevent any work necessary to correct an unsafe or dangerous condition of any structure, site, place, object, tree, landscape, or natural land feature, where such condition has been declared unsafe or dangerous by the Director of Public Works or the Fire Chief of the Fire Department; provided, however, that only such work as is absolutely necessary in the opinion of the Director of Public Works or the Fire Chief to correct the unsafe or dangerous condition may be performed pursuant to this Section.

(Ord. 2019-0004 § 1, 2019.)

The owner, lessee, or other person with actual possession, care, or control of a landmark or property in a historic district shall perform maintenance and repairs as needed to prevent the deterioration, decay, or degradation of the historic or character-defining features of the landmark or historic district.

(Ord. 2019-0004 § 1, 2019.)

A.

The failure to comply with a requirement of this Chapter, or of any order, resolution, or ordinance issued or adopted pursuant to this Chapter, shall be declared to be a public nuisance pursuant to Section 22.242.040 (Public Nuisance).

B.

In addition to any other remedy provided in this Title 22, any person who performs or causes to be performed any work on a landmark or a contributing property in violation of this Chapter shall restore or reconstruct the landmark or contributing property to its original condition prior to the violation. The County may seek relief in any court of competent jurisdiction to compel the reconstruction or restoration of the landmark or contributing property. This civil remedy is cumulative to any other remedy, including criminal prosecution, and the imposition of any administrative fines, penalties and noncompliance fees as provided by law.

C.

Where a landmark or contributing property is demolished in violation of this Chapter, no County department or commission shall accept for processing or approve any application for a building permit or other approval authorizing construction on the site, or a permit or approval to use the site as a parking area, unless and until the earlier of:

1.

Sixty months from the date the County receives actual notice that the unauthorized work has occurred; or

2.

The landmark or contributing property has been fully restored or reconstructed.

Notwithstanding the foregoing, a County department or commission may accept for processing and approve a permit or approval for work necessary to restore or reconstruct the landmark or contributing property, or to move an existing landmark or contributing property to the site.

(Ord. 2019-0004 § 1, 2019.)

Whenever street or streetscape improvements are proposed by the County in areas that are historic districts, the County may consider the use of materials, landscaping, light standards, signage, and other street features that are compatible with the area's historic and architectural character.

(Ord. 2019-0004 § 1, 2019.)

Provided the gross square footage of a building or structure of a landmark or contributing property does not increase, a landmark or contributing property shall not be required to provide more parking spaces than the number of spaces existing on the landmark or contributing property site as of the effective date of the designation of the landmark or historic district. In the event the gross square footage of the building or structure of a landmark or contributing structure increases, the parking requirements shall be calculated in accordance with Section 22.172.020.C.3.

(Ord. 2019-0004 § 1, 2019.)

22.124.270 - Determining Record Owner; Notice to Owners Not Of-Record.

The identity of a record owner of a property for purposes of this Chapter shall be determined by reference to the latest equalized assessment roll from the Assessor. Where in this Chapter notice is required to be given to a record owner, notice shall also be given to an owner not of-record whose identity and address is actually known to the party giving notice.

(Ord. 2019-0004 § 1, 2019.)

Any time periods set forth in this part may be extended by the Director by such periods as are necessary to comply with, or permitted by, CEQA.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.126 - TREE PLANTING REQUIREMENTS

This Chapter establishes a project's tree planting requirements to provide environmental benefits. Trees planted pursuant to this Chapter will reduce greenhouse gases by absorbing carbon dioxide, reduce water pollution by retaining storm water onsite, and reduce the urban heat island effect by shading impervious surfaces.

(Ord. 2019-0004 § 1, 2019.)

22.126.020 - Applicability.

A.

This Chapter shall apply to any project that includes:

1.

A new principal use building;

2.

Additions to buildings, where the addition adds a cumulative floor area of at least 50 percent of the total existing building floor area on the subject property, within any 12-month period; or

3.

New uncovered surface parking lots with a minimum of 15 parking spaces and/or existing uncovered surface parking lots expanded to have 15 or more parking spaces.

B.

The following projects are exempt from the requirements of this Chapter:

1.

Any project where a complete application for the project was filed with the Department prior to April 28, 2016, the effective date of this Chapter; and

2.

Utility-scale solar energy facilities, ground-mounted.

C.

Trees required by this Chapter are the minimum requirement for a project, but may also contribute to fulfilling other landscaping requirements in this Title 22, including any such requirements in a Community Standards District.

(Ord. 2019-0004 § 1, 2019.)

22.126.030 - Tree Requirements.

A.

Amount of Trees.

1.

Except for development of single-family residences on compact lots that are otherwise subject to Section 22.140.585, and all other residential subdivision projects that are otherwise subject to Section 21.32.195 in Title 21 (Subdivisions) of the County Code, projects that fall within a category described in Sections 22.126.020.A.1 and 22.126.020.A.2, above, shall comply with the following requirements:

a.

For projects that are primarily residential with three or fewer units per lot, a minimum of two trees shall be planted on each lot:

b.

For projects that are primarily residential with four or more units per lot, a minimum of one tree shall be planted for every 5,000 square feet of building footprint per lot; and

c.

For projects that are non-residential or mixed-use, a minimum of three trees shall be planted for every 10,000 square feet of developed lot area.

2.

Any existing tree located on the project site with a minimum trunk diameter of 0.75 inches, as measured six inches above the soil line, may count towards meeting the requirement in Subsection A.1, above.

3.

For projects described in Section 22.126.020.A.3, above, a shade plan meeting the specifications set forth in the Tree Planting Guide, to be maintained by the Director, is required. For those projects, the amount of trees required on that shade plan shall anticipate a minimum of 50 percent shade coverage of the uncovered parking area within 15 years of planting the required trees. Trees required by this Subsection A.3 may also count towards the requirements in Subsections A.1.b and A.1.c, above.

B.

Species. The tree species planted pursuant to this Chapter shall be those that provide adequate shade, are not invasive, are resistant to local pests and diseases, are adaptable to the local climate, and are appropriate for the planting location. The Director shall prepare and maintain the Tree Species List, which shall contain a list of tree species which the Director has determined to satisfy the first three criteria set forth in this Section.

C.

Size. Required trees shall be a minimum size of 15 gallons and shall have a trunk diameter of 0.75 to 1.5 inches as measured six inches above the soil line at the time of planting.

D.

Location.

1.

Trees shall be planted in locations that maintain the required lines of sight for safe pedestrian and vehicular movement and will not cause root damage to the sidewalk or other public infrastructure, to the satisfaction of Public Works; and

2.

Trees planted near buildings or fire lanes shall be placed in locations that do not adversely impact Fire Department operations or response times, to the satisfaction of the Fire Department.

E.

Maintenance.

1.

Trees shall be supported with staking and ties that are made of soft and mold resistant material (such as rubber), until the trees are able to support themselves:

2.

Trees for projects as described in Subsections A.1.b and A.1.c, above, and in Section 22.126.020.A.3 and not planted in turf shall require an irrigation system; and

3.

Trees failing to survive shall be replaced.

(Ord. 2020-0032 § 28, 2020; Ord. 2019-0004 § 1, 2019.)

A.

For projects described in Sections 22.126.020.A.1 and 22.126.020.A.2 required trees shall be depicted on a site plan and the tree species shall be labeled.

B.

For projects located in a designated Fire Hazard Severity Zone, required site or shade plans shall be routed to the Fire Department's Fuel Modification Unit for review and approval to ensure proposed tree locations comply with Title 32 (Fire Code) of the County Code.

(Ord. 2019-0004 § 1, 2019.)

The requirements of Section 22.126.030.A (Amount of Trees) may be modified by the Director during the application process, without additional fees where:

A.

The applicant documents in a notarized letter by a certified arborist, submitted to the Director, that the required trees will not survive on the site due to the soil type thereon;

B.

The requirement would conflict with other provisions set forth in the County Code. When, pursuant to this Section, the Director reduces the required shade area for a project described in Section 22.126.030.A.3 because there is not enough square footage for both the required shade area and the required parking, so long as the parking requirements are met, the Director may replace the tree requirements intended to create the shade area with a cool pavement requirement, preferably permeable, to be used in uncovered parking areas as defined in Division 2 (Definitions); or

C.

The parking lot described in Section 22.126.020.A.3 is retrofitted with solar panels.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.128 - SUPPORTIVE HOUSING

Sections:

Supportive housing shall be considered a residential use subject to only those restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. 2021-0017 § 18, 2021.)

22.128.200 - Supportive Housing Streamlining (Reserved).

(Ord. 2021-0017 § 18, 2021.)

The purpose of this Section 22.128.200 is to streamline permits for certain supportive housing projects, as set forth in sections 65650 through 65656 of the California Government Code, as amended, and to increase the production of lower income housing and supportive housing for persons experiencing homelessness.

(Ord. 2021-0017 § 18, 2021.)

22.128.220 - Definitions.

Specific terms used in this Section are defined in Division 2 (Definitions).

(Ord. 2021-0017 § 18, 2021.)

22.128.230 - Applicability.

This Section shall apply to all zones where permitted.

(Ord. 2021-0017 § 18, 2021.)

22.128.240 - Application Requirement.

An Administrative Housing Permit (Section 22.166.040) and a Ministerial Site Plan Review (Chapter 22.186) are required.

(Ord. 2021-0017 § 18, 2021.)

22.128.250 - Requirements.

Notwithstanding other Title 22 requirements, a supportive housing project, pursuant to this Section, shall comply with the following:

A.

Supportive Housing. Projects shall be consistent with Section 22.128.100, above.

B.

Affordability. All dwelling units, exclusive of any manager's unit(s) and density bonus units, shall be restricted to lower income households.

C.

Supportive Housing Dwelling Units.

1.

Minimum Number of Supportive Housing Dwelling Units.

a.

Projects with 11 or fewer dwelling units, exclusive of any manager's unit(s) and density bonus units, shall be restricted to supportive housing.

b.

Projects with 12 or more dwelling units, exclusive of any manager's unit(s) and density bonus units, shall be restricted to a minimum of 25 percent of such units or 12 units, whichever is greater, for supportive housing.

2.

Target Population. The dwelling units restricted to supportive housing shall be for the target population.

D.

Duration. The term of the affordability and supportive housing restrictions and requirements, pursuant to Section 22.166.070 (Covenant and Agreement), shall be 55 years from the issuance of the final certificate of occupancy by Public Works.

E.

Public Funding. The project shall be publicly funded, or the applicant shall have applied for, or shall intend to apply for, public funding.

F.

Supportive Services. Projects shall provide designated areas for on-site supportive services that are limited to tenant use, including without limitation, community rooms, case management offices, computer rooms, and community kitchens, as follows:

1.

Projects with 20 or fewer dwelling units, exclusive of any manager's unit(s) and density bonus units, shall designate a minimum of 90 square feet of the floor area for on-site supportive services.

2.

Projects with 21 or more dwelling units, exclusive of any manager's unit(s) and density bonus units, shall designate a minimum of three percent of the total nonresidential floor area for on-site supportive services.

G.

Supportive Services Plan. Projects shall submit documentation of a supportive services plan, which includes without limitation, the entity providing supportive services, the supportive services funding source, and supportive services staffing levels, subject to Section 22.166.040 (Administrative Housing Permit).

H.

Dwelling Unit Facilities. All dwelling units, exclusive of any manager's unit(s), shall include at least one bathroom and a kitchen or other cooking facilities, including at minimum, a stovetop, a sink, and a refrigerator.

I.

Replacement Dwelling Units. Projects shall replace rental dwelling units, pursuant to Chapter 22.119 (Affordable Housing Replacement).

J.

Covenant and Agreement. A covenant and agreement shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

(Ord. 2021-0017 § 18, 2021.)

Unless a greater parking reduction is provided in Section 22.120.080 (Parking), no parking shall be required for the supportive housing units, if the project is located within one-half mile of a public transit stop.

(Ord. 2021-0017 § 18, 2021.)

Notwithstanding any contrary provision of this Section 22.128.200, the Director, in consultation with the Executive Director of the LACDA, shall, at the request of the project owner, reduce the number of

supportive housing units in an operating project, if the number of residents living in the supportive housing units decreased as the result of the termination of a project-based rental assistance or operating subsidy through no fault of the project owner. An Administrative Housing Permit (Section 22.166.040) application is required for such a request, provided that the project owner submits the following:

A.

A request to the Director to reduce the number of supportive housing units six months prior to termination of the project-based rental assistance or operating subsidy; and

B.

Documentation demonstrating that:

1.

The owner has made good faith efforts to find other sources of financial support;

2.

Any change in the number of supportive housing units is restricted to the minimum necessary to maintain project financial feasibility; and

3.

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.

(Ord. 2021-0017 § 18, 2021.)

Chapter 22.130 - TRANSITIONAL HOUSING

Transitional housing shall be considered a residential use subject to only those restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. 2021-0017 § 18, 2021.)

22.130.200 - Motel Conversions, Permanent (Reserved).

(Ord. 2021-0017 § 18, 2021.)

The purpose of this Section 22.130.200 is to streamline permits for certain permanent conversions of existing, legally-built hotels, motels, and youth hostels to transitional housing, thereby increasing the production of lower income and transitional housing for persons experiencing homelessness.

(Ord. 2021-0017 § 18, 2021.)

22.130.220 - Definitions.

Specific terms used in this Section are defined in Division 2 (Definitions).

(Ord. 2021-0017 § 18, 2021.)

22.130.230 - Applicability.

This Section shall apply to all zones where permitted.

(Ord. 2021-0017 § 18, 2021.)

22.130.240 - Application Requirement.

An Administrative Housing Permit (Section 22.166.040) and a Ministerial Site Plan Review (Chapter 22.186) are required.

(Ord. 2021-0017 § 18, 2021.)

22.130.250 - Requirements.

Notwithstanding other Title 22 requirements, the permanent conversion of certain existing hotels, motels, or youth hostels to transitional housing, pursuant to this Section 22.128.200, shall comply with the following:

A.

Residential Use. Projects shall be consistent with Section 22.130.100, above.

B.

Affordability. All dwelling units, exclusive of any manager's unit(s), shall be restricted to lower income households.

C.

Transitional Housing Dwelling Units. All dwelling units, exclusive of any manager's unit(s), shall be restricted to transitional housing. The number of transitional housing units shall be at least equal to the number of hotel, motel, or youth hostel rooms, except where a reduction in the number of rooms is necessary to create common areas and supportive services spaces required in this Chapter.

D.

Target Population. All dwelling units, exclusive of any manager's unit(s), shall be restricted to the target population.

E.

Duration. The term of the affordability and transitional housing restrictions and requirements, pursuant to Section 22.166.070 (Covenant and Agreement), shall be 55 years from the issuance of the final certificate of occupancy by Public Works.

F.

Supportive Services. Projects are subject to Sections 22.128.250.F (Supportive Services), 22.128.250.G (Supportive Services Plan), and 22.128.250.H (Dwelling Unit Facilities).

G.

Covenant and Agreement. A covenant and agreement shall be recorded, pursuant to Section 22.166.070 (Covenant and Agreement).

(Ord. 2021-0017 § 18, 2021.)

22.130.260 - Reduced Number of Transitional Housing Units Due to Termination of Subsidy.

Notwithstanding any other provision of this Section 22.130.200 to the contrary, the Director, in consultation with the Executive Director of the LACDA, shall, at the request of the project owner, reduce the number of transitional housing units required in an operating project, if the operating subsidy for the project is terminated through no fault of the project owner. An Administrative Housing Permit (Section 22.166.040) application is required for such a request, provided that the project owner submits the following:

A.

A request to the Director to reduce the number of transitional housing units six months prior to termination of the operating subsidy; and

B.

Documentation demonstrating that:

1.

The owner has made good faith efforts to find other sources of financial support;

Any change in the number of transitional housing units is restricted to the minimum necessary to maintain project financial feasibility; and

3.

Any change to the occupancy of the transitional housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any transitional housing units.

(Ord. 2021-0017 § 18, 2021.)

Chapter 22.132 - STORAGE ENCLOSURE REQUIREMENTS FOR RECYCLING AND SOLID WASTE

This Chapter ensures that enclosed rooms or storage areas are provided to store, collect, and load waste, recyclable materials, and organic materials generated by commercial, industrial, and residential land uses with four or more units, and that the area may be safely accessed by building occupants and waste and recycling haulers in compliance with Title 14, Division 7 (Natural Resources) of the California Code of Regulations.

(Ord. 2022-0023 § 27, 2022.)

This Chapter applies to recycling and solid waste storage associated with the following:

A.

New non-residential development;

B.

New residential mixed use development with four or more primary units, excluding compact lot subdivision and single-family residential subdivision; and

C.

Expansion by 50 percent or more of the existing floor area for existing non-residential, residential, or mixed use developments with four or more primary units, excluding compact lot subdivision and single-family residential subdivision.

(Ord. 2024-0028 § 10, 2024; Ord. 2022-0023 § 27, 2022.)

A.

Receptacles. All waste, compost, and recyclables shall be stored in closed receptacles at all times.

B.

Location. The following location standards apply to recycling and solid waste storage areas.

1.

All municipal solid waste, recyclable, and compostable material receptacles shall be located within the same enclosure, unless the Director determines that extraordinary circumstances prevent co-locating containers within one enclosure, thereby necessitating multiple enclosures.

2.

The storage area shall be accessible to residents, employees, and refuse and recycling haulers at all times.

3.

When the storage area is located outside of a building, it shall be located in the rear portion of the lot wherever feasible, or adjacent to an alley if the lot is bordered by an alley.

C.

Distance Requirements.

1.

Where an outdoor recycling and solid waste storage area is separated from an adjoining building, it shall be no closer than 10 feet from any building or 20 feet from any door or window in linear distance.

D.

Area. Recycling and solid waste storage areas shall comply with any applicable requirements of Public Works, and have a vertical dimension of at least eight feet.

E.

Clearance and Circulation. Outdoor recycling and solid waste storage areas shall not be located in any required yard, parking space, landscaped areas, or other areas required to remain clear of obstructions to comply with Title 26 (Building Code) and Title 32 (Fire Code) of the County Code, and shall not obstruct vehicular or pedestrian circulation.

F.

Enclosure.

1.

All outdoor recycling and solid waste storage areas are required to have a view-obstructing fence or wall in compliance with Section 22.140.430 (Outdoor Storage). Chain-link fences are not sufficient for viewobstructing requirements unless combined with inserts that obstruct view to the satisfaction of the Director.

2.

The height of stored items shall not exceed the enclosure surrounding it.

3.

A roof shall be required to screen the storage area from views down from upper-story windows in adjacent residential or mixed-use buildings.

G.

Paving. The ground or floor where the storage area is located shall be paved, pursuant to Section 22.112.080.E (Paving). The paving shall extend beyond the walls of the enclosure by at least two feet to the satisfaction of Public Works.

H.

Signage.

1.

At least one sign, not to exceed four square feet in area, shall be provided for recycling and waste storage areas.

2.

The sign shall be posted adjacent to the entrance to the storage area.

3.

The sign shall list the type of material that may be deposited in each receptacle.

I.

Cleaning and Maintenance. Recycling and solid waste storage areas shall be maintained in a clean, litterfree condition, in such a way that vermin, rodents, or other pests are prevented from entering the area.

(Ord. 2022-0023 § 27, 2022.)

Chapter 22.134 - SENSITIVE USES ADJACENT TO INDUSTRIAL, RECYCLING OR SOLID WASTE, OR VEHICLE-RELATED USES

A.

The standards and requirements in this Chapter shall apply to any new sensitive use, including dwelling units (except for accessory dwelling units), schools and school yards, parks, playgrounds, daycare centers, preschools, nursing homes, hospitals, and daycares or preschools as accessory to a place of worship, developed on a lot that is adjacent to or adjoins any legally-established industrial uses, recycling or solid waste uses, or vehicle-related uses listed in Table 22.22.030-B (Principal Use Regulations for Industrial Zones), except for vehicle sales and rentals sub-category.

B.

The approval of a new sensitive use shall not subject existing industrial, recycling or solid waste, or vehiclerelated uses that are within a 500-foot radius of the lot containing the new sensitive use to the requirements of Chapter 22.84 (Green Zone).

(Ord. 2024-0028 § 12, 2024; Ord. 2022-0023 § 28, 2022.)

Applications to establish a new sensitive use adjacent to or adjoining an existing, legally-established industrial use, recycling or solid waste use, or vehicle- related use listed in Table 22.22.030-B (Principal Use Regulations for Industrial Zones), except for vehicle sales and rentals sub-category, shall submit a Land Use Map, including a land use legend with symbols identifying existing land uses that are within a 500-foot radius of the property lines of the proposed site.

(Ord. 2024-0028 § 13, 2024; Ord. 2022-0023 § 28, 2022.)

22.134.030 - Development Standards for Sensitive Uses.

A.

Setbacks and Landscaping.

1.

In addition to the requirements of Chapter 22.126 (Tree Planting Requirements) a landscaped setback of a minimum 15 feet in depth and a minimum three feet in height, shall be provided along the adjoining property lines or street frontage that directly faces any portion of an existing industrial, recycling or solid waste use, or vehicle-related use.

2.

All landscaping shall be drought-tolerant, include only non-invasive plant species, and include a mix of shrubs, turf, trees, or vertical landscaping.

3.

The landscaping shall be maintained in a healthy condition, with regular watering, pruning, weeding, fertilizing, litter removal, and replacement of plants when necessary.

B.

Solid Walls. Solid walls shall be provided along the property lines or along required landscaping adjoining the applicable non-sensitive uses (industrial, recycling or solid waste uses, or vehicle-related uses, except for sales and rental) and shall have a uniform height of at least eight feet.

C.

Open Space. Any common open space shall be buffered from the adjacent facilities by a building, structure(s), or landscaping of a minimum of three feet in height. The landscaped buffer shall be a minimum of three feet in depth on the premise.

D.

Additional requirements.

1.

All windows in any buildings shall be double-glazed (double-paned).

2.

Balconies shall be prohibited on the side of a building that faces an adjoining lot containing an existing industrial use, recycling or solid waste use, or vehicle-related use, except for vehicle sales and rentals.

3.

Air filtration systems shall be provided in residential units and other rooms that are intended for human occupancy, as recommended by Public Works, Building and Safety Division and the California Air Resources Board (CARB).

(Ord. 2022-0023 § 28, 2022.)

Division 7 - STANDARDS FOR SPECIFIC USES Chapter 22.140 - STANDARDS FOR SPECIFIC USES

This Chapter establishes standards for specific uses that are permitted in this Title 22.

(Ord. 2019-0004 § 1, 2019.)

A.

When a specific use in this Title 22 refers to a section or subsection in this Chapter 22.140, the regulations and standards listed in such section or subsection shall apply to the specific use as described in such section or subsection; and

B.

When a specific use in this Title 22 requires a Conditional Use Permit (Chapter 22.158) application and Minor Conditional Use Permit (Chapter 22.160) application and refers to a section or subsection in this Chapter 22.140, the Review Authority may impose the regulations and standards for such a specific use as part of the conditions of approval.

(Ord. 2019-0004 § 1, 2019.)

22.140.030 - Alcoholic Beverage Sales.

A.

Purpose. This Section provides comprehensive regulations for alcoholic beverage sales to protect and promote public health, safety, comfort, convenience, and general welfare.

B.

Definitions. Specific terms used in this Section are defined in Section 22.14.010.A of Division 2 (Definitions), under "Alcoholic Beverage Sales."

C.

Exceptions. This Section shall not apply to:

1.

Tasting rooms and remote tasting rooms (Section 22.140.590); or

2.

Wineries (Section 22.140.610).

D.

Alcoholic Beverage Sales Within Specific Plans and Local Implementation Programs. If a zone or land use category within a Specific Plan or Local Implementation Program is silent with respect to alcoholic beverage sales, the Director may accept a Conditional Use Permit (Chapter 22.158) application for

alcoholic beverage sales if the Director determines that such sales are accessory to another use permitted within such zone or land use category. The application shall be subject to this Section.

E.

Operating Regulations for Uses Subject to Conditional Use Permit. The following operating regulations shall apply to any use selling alcoholic beverages for off-site consumption, which is the subject of a Conditional Use Permit (Chapter 22.158) application filed on or after October 19, 2017, the effective date of this Section:

1.

If the use is located within a 500-foot radius of another use selling alcoholic beverages for off-site consumption, the shelf space devoted to alcoholic beverages shall be limited to five percent of the total shelf space, as depicted on the approved shelf plan.

2.

The use shall offer a minimum of three varieties of fresh produce free from spoilage and a minimum of two whole grain items for sale on a continuous basis. These products shall be displayed in high-visibility areas meeting one or more of the following criteria, as depicted on the approved floor plan and/or shelf plan:

a.

Within ten feet of the front door;

b.

Within five feet of a cash register;

c.

At eye-level on a shelf or within a cooler, refrigerator, or freezer case;

d.

On an end cap of an aisle; or

e.

Within a display area dedicated to produce that is easily accessible to customers.

3.

All employees of the use who directly serve or are in the practice of selling alcoholic beverages, including managers and security personnel, shall participate in the License Education on Alcohol and Drugs Program provided by the California Department of Alcoholic Beverage Control or a similar program, such as Standardized Training for Alcohol Retailers. A certificate or plaque indicating participation in the training program shall be displayed in a publicly accessible area of the use, such as the lobby. Proof of employees' completion of the training program shall be available upon request.

4.

The following operating regulations shall also apply if the use is an automobile service station that sells alcoholic beverages for off-site consumption:

a.

Distilled spirits shall not be sold;

b.

Alcoholic beverages shall not be displayed within five feet of the cash register or the front door, unless the alcoholic beverages are displayed in a permanently affixed cooler;

c.

Alcoholic beverages shall not be displayed in an ice tub;

d.

Alcoholic beverages shall not be sold from a drive-in window;

e.

Alcoholic beverage advertising shall not be displayed on motor fuel islands, and self-illuminated alcoholic beverage advertising shall not be located on buildings or windows; and

f.

Where authorization is specifically granted for alcoholic beverage sales between the hours of 10:00 p.m. and 2:00 a.m., employees on duty shall be at least 21 years of age in order to sell alcoholic beverages.

5.

The regulations in Subsections E.1 and E.2, above, may be modified by the Commission or Hearing Officer subject to Subsection F.3, below.

F.

Findings for Uses Subject to Conditional Use Permit.

1.

Additional Findings.

a.

The requested use at the proposed location will not adversely affect the use of a place used exclusively for religious worship, school, park, playground, or any similar use within a 600-foot radius;

b.

The requested use at the proposed location is sufficiently buffered in relation to any residential area within the immediate vicinity, so as not to adversely affect said area;

c.

The requested use at the proposed location will not adversely affect the economic welfare of the nearby community; and

d.

The exterior appearance of the structure will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood, so as to cause blight, deterioration, or substantially diminish or impair property values within the neighborhood.

2.

Public Convenience or Necessity.

a.

In addition to the findings required by Subsection F.1, above, findings of public convenience or necessity pursuant to this Subsection F.2.b, below, shall be made when:

i.

The requested use is located in a high crime reporting district or in an area of undue concentration, pursuant to the California Alcoholic Beverage Control Act and the regulations adopted under that Act; or

ii.

A use selling alcoholic beverages for off-site consumption is proposed within a 500-foot radius of another use selling alcoholic beverages for off-site consumption.

b.

A finding of public convenience or necessity shall be based upon review and consideration of relevant factors, which shall include, but not be limited to, the following:

i.

The extent to which the requested use would duplicate services and, therefore, contribute to an overconcentration of similar uses;

ii.

The extent to which alcoholic beverage sales are related to the function of the requested use, and the possibility of the use operating in a viable manner without alcohol sales;

iii.

The extent to which the requested use will enhance the economic viability of the area;

iv.

The extent to which the requested use will enhance recreational or entertainment opportunities in the area;

v.

The extent to which the requested use compliments the established or proposed businesses within a specific area;

vi.

The ability of the requested use to serve a portion of the market not served by other uses in the area;

vii.

The convenience of purchasing alcoholic beverages at the requested use in conjunction with other specialty food sales or services;

viii.

The aesthetic character and ambiance of the requested use; and

ix.

The extent to which the requested use, location, and/or operator has a history of law enforcement problems.

3.

Modifications.

a.

When approving a modification to Subsection E.1, above, at least one of the following additional findings shall be made:

i.

The requested use is not located in a high crime reporting district, as described in the California Alcoholic Beverage Control Act and the regulations adopted under that Act;

ii.

The requested use is a specialty retailer with a unique product mix that requires a greater allocation of shelf space to alcoholic beverages than would be the case for a general purpose retailer; or

iii.

The requested use involves the relocation of a use that was not previously subject to the alcoholic

beverage shelf space limitation provided in Subsection E.1, above, and the new location will allocate less shelf space to alcoholic beverages than was the case at the previous location.

b.

When approving a modification to the fresh produce and whole grain sales requirement provided in Subsection E.2, above, an additional finding shall be made that the requested use is not a general purpose retailer and is located in an area with sufficient access to fresh produce and whole grains.

G.

Conditions of Approval for Uses Subject to Conditional Use Permit.

1.

Additional conditions may be imposed to ensure that the requested use will be in accord with the findings required by Subsection F, above. Such conditions may involve pertinent factors affecting the establishment, operation and maintenance of the requested use including, but not limited to:

a.

Limitations on the days of the week and times of day during which alcoholic beverages may be sold;

b.

Requirements to purchase existing liquor license(s) issued by the California Department of Alcoholic Beverage Control within a specified area to ensure that the number of such liquor licenses within such specified area is not increased or is reduced;

c.

Restrictions on live music, live entertainment, dancing, or other similar activities;

d.

Restrictions on "happy hour" specials, "two for one" alcoholic beverage specials, or other similar specials or promotions;

e.

Restrictions and regulations related to exterior lighting to ensure proper illumination during operating hours, while preventing impacts to neighboring uses;

f.

Restrictions on the size of alcoholic beverage containers that may be sold on the premises; and

g.

Restrictions on packaging related to the number of alcoholic beverage containers in a package.

2.

The conditions of approval shall be retained on the premises at all times and shall be immediately produced upon request by agents of the Department, Sheriff's Department, or California Department of Alcoholic Beverage Control. The manager and all employees shall be knowledgeable of the conditions of approval.

3.

Any use which operates in violation of the conditions of approval may be subject to Chapter 22.238 (Modifications and Revocations).

H.

Deemed-Approved Uses.

1.

As of October 19, 2017, the effective date of this Section, any legally-established use that sells alcoholic beverages without a Conditional Use Permit (Chapter 22.158), and which did not require a Conditional Use Permit to sell alcoholic beverages, pursuant to this Title 22, at the time it was established, shall be considered a deemed-approved alcohol sales use for the purposes of this Section.

2.

Each deemed-approved alcohol sales use shall retain its deemed-approved status and shall not require a Conditional Use Permit (Chapter 22.158) application, as long as it complies with the performance standards provided in Subsection I, below, and does not have its deemed-approved status revoked pursuant to Subsection J, below.

3.

Notwithstanding Subsection H.2, above, a deemed-approved alcohol sales use shall require a Conditional Use Permit (Chapter 22.158) application when:

a.

The use proposes to change the type of alcoholic beverages to be sold by changing the type of retail liquor license within a license classification;

b.

The use substantially changes its mode or character of operation, which includes, but is not limited to:

i.

A 10-percent increase in the floor area devoted to alcoholic beverage sales or inventory; or

ii.

A 25-percent increase in facing used for the display of alcoholic beverages.

c.

The use has been abandoned, has discontinued operation, or has ceased selling alcoholic beverages for at least three consecutive months.

I.

Performance Standards for Deemed-Approved Uses. Each deemed-approved alcohol sales use shall comply with the following performance standards:

1.

The use shall be operated and maintained in accordance with this Title 22 and all other applicable federal, State, or local codes, laws, rules, regulations, and statutes, including those of the California Department of Alcoholic Beverage Control.

2.

The premises shall be maintained free of garbage, trash, debris, or junk and salvage in exterior areas, except in designated trash collection containers and enclosures.

3.

All portions of the premises visible to public view including, but not limited to, any structure, wall, fence, sidewalk, curb, ground surface, vehicle, rock, or other surface, shall be maintained free of graffiti. In the event of graffiti occurring, the operator shall remove such graffiti within 24 hours of such occurrence, weather permitting. Paint utilized in covering such graffiti shall be of a color that matches, as closely as possible, the color of the adjacent surfaces.

4.

The premises shall be maintained with all signage required by this Title 22, or other applicable State and local law including, but not limited to, signs prohibiting loitering, public drinking, and/or the presence of open alcoholic beverage containers on the premises.

5.

Temporary window signs shall comply with this Title 22, and the view into the interior of the use from any parking lot, public street, or other right-of-way shall not be otherwise obstructed by refrigerator cases, promotional displays, equipment, or any other items.

6.

The operator shall maintain a current and valid County business license and shall conduct business in full accordance with any and all conditions imposed therein.

7.

The operator shall not cause, allow, or permit nuisance and other unlawful activities on the premises including, but not limited to:

a.

Loitering;

b.

Drinking alcoholic beverages and/or possessing open alcoholic beverage containers in exterior portions of the premises, other than in a designated patio or other area approved for on-site consumption by the Department and/or California Department of Alcoholic Beverage Control;

c.

Littering;

d.

Creating excessive noise that does not comply with Title 12 (Environmental Protection) of the County Code to the satisfaction of the Department of Public Health, especially in the late night or early morning hours;

e.

Disturbing the peace;

f.

Engaging in illegal tobacco sales, drug activity, gambling or prostitution;

g.

Trafficking in stolen goods;

h.

Harassing of passerby or business patrons;

i.

Panhandling;

j.

Engaging in acts of vandalism; and

k.

Otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.

8.

The operator shall take all reasonable steps to ensure that the conditions and activities on the lot or parcel of land on which the use is located do not constitute a public nuisance. For purposes of this performance standard, reasonable steps include, but are not limited to, the following:

a.

Requesting that those persons engaging in conduct that constitutes a nuisance to cease such conduct, unless the operator has reasonable cause to believe such request may jeopardize his or her personal safety;

b.

Calling the Sheriff's Department if the operator's attempts to abate the nuisance conduct have been unsuccessful, or if the operator has reasonable cause to believe such attempts may jeopardize his or her personal safety; and

c.

Timely preventive actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the establishment, prohibiting persons from using any portion of the premises for the installation and/or operation of a temporary business or other use, and/or other preventive actions.

J.

Revocation of Deemed-Approved Status.

1.

After a public hearing, as provided in Subsection J.2, below, the Commission may revoke the deemedapproved status of a deemed-approved alcohol sales use due to non-compliance with Subsection I, above, and require a Conditional Use Permit (Chapter 22.158) application for any subsequent sale of alcoholic beverages on the subject premises.

2.

Public Hearing.

a.

A public hearing may be initiated by the Board of Supervisors, Commission, or Director.

b.

A public hearing shall be held in compliance with Section 22.222.120.B (Public Hearing).

i.

In addition to Section 22.222.120.B.2 (Notice of Public Hearing), the Director shall also serve notice to the operator, if different than the property owner, and the property owner:

(1)

To appear at a public hearing at a time and place fixed by the Commission; and

(2)

At the public hearing, to show cause why the deemed-approved status should not be revoked.

c.

After consultation with the Sheriff's Department and the California Department of Alcoholic Beverage Control, the Director shall prepare a report regarding the use's compliance with Section 22.140.030.I (Performance Standards for Deemed-Approved Uses) for consideration by the Commission at the public hearing.

d.

At the public hearing, the Commission shall determine whether the use is in compliance with Subsection I, above. In making its determination, the Commission may consider the following:

i.

The length of time that the use has been out of compliance with the applicable performance standards Section 22.140.030.I (Performance Standards for Deemed-Approved Uses);

ii.

The impact of the violation of the applicable performance standards in Section 22.140.030.I (Performance Standards for Deemed-Approved Uses) on the community; and

iii.

Any information regarding the operator's efforts to remedy the violation of the applicable performance standards in Section 22.140.030.I (Performance Standards for Deemed-Approved Uses).

e.

The public hearing may be continued, as provided in Section 22.222.120.C.1 (Continued Public Hearing). The public hearing shall not be suspended if there is a subsequent change of operator or a subsequent change of property owner, if different than the operator.

f.

At the close of the public hearing, the Commission may allow the use to retain its deemed-approved status, or may revoke the deemed-approved status when the information in the Director's report, or presented at public hearing, substantiates the following findings:

i.

Due to non-compliance with Section 22.140.030.I (Performance Standards for Deemed-Approved Uses), the use results in adverse effects to the health, welfare, peace, or safety of persons visiting, residing, working, or conducting business in the surrounding area; and

ii.

Due to non-compliance with Section 22.140.030.I (Performance Standards for Deemed-Approved Uses), the use jeopardizes or endangers the public health, welfare, or safety of persons visiting, residing, working, or conducting business in the surrounding area.

g.

At the close of the public hearing, the Commission shall publicly announce the appeal period for filing an appeal of its action. In addition, the Commission shall serve notice of its action upon the operator and the property owner, if different than the operator, and any persons testifying or speaking at the public hearing.

h.

The Commission's action may be appealed to the Board of Supervisors or called up for review by the Board of Supervisors, in accordance with Chapter 22.240 (Appeals).

3.

If a use continues to sell alcoholic beverages without a Conditional Use Permit after its deemed-approved status is revoked, the operator and property owner, if different than the operator, shall be subject to Chapter 22.242 (Enforcement Procedures). In addition, the operator and property owner, if different than the

operator, shall be subject to any civil and criminal remedies necessary to ensure compliance with the County Code. Enforcement procedures and pursuit of civil and criminal remedies shall not be suspended if there is a subsequent change of operator or a subsequent change of property owner, if different than the operator.

(Ord. 2022-0008 § 91, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Purpose. This Section ensures that amateur radio antennas are designed and located in a way that avoids hazards to public health and safety and minimizes adverse aesthetic effects, while reasonably accommodating amateur radio communications.

B.

Definitions. Specific terms used in this Section are defined in Section 22.14.010 of Division 2 (Definitions), under "Amateur Radio Antennas."

C.

Applicability.

1.

This Section applies to amateur radio antennas as an accessory use in all zones.

2.

Amateur radio antennas, antenna structures, and masts in existence as of May 26, 1995, the effective date of this Section, may continue to be used without complying with the provisions of this Section, except as provided, and shall be considered a legal nonconforming use. Amateur radio antennas, antenna structures, and masts that are a legal nonconforming use shall comply with the development standards of this Section to the extent that they are capable of doing so without modification. Existing amateur radio antennas, antenna structures, and masts may be enlarged, expanded, or relocated only if brought into compliance with the development standards of this Section. In the absence of such compliance of proposed expansion, enlargement, or relocation, a Minor Conditional Use Permit (Chapter 22.160) application is required.

D.

Application Requirements.

1.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for amateur radio antennas, structures, and masts that comply with Subsection E, below; or

Minor Conditional Use Permit.

a.

Application. A Minor Conditional Use Permit (Chapter 22.160) application is required for amateur radio antennas, structures, and masts that request a modification to Subsection E, below.

b.

Additional Findings.

i.

Strict compliance with the development standards specified in this Section would unreasonably interfere with the applicant's ability to receive or transmit signals, or would impose unreasonable costs on the operation when viewed in light of the cost of the equipment; or

ii.

Strict compliance with the development standards is not, under the circumstances of the particular case, necessary to achieve the goals and objectives of this Section.

c.

Conditions. In approving the application, the Commission or Hearing Officer may impose conditions reasonably necessary to accomplish the purposes of this Section, provided those conditions do not unreasonably interfere with the ability of the applicant to receive or transmit signals, or impose unreasonable costs on the amateur radio operator when viewed in the light of the cost of the equipment.

3.

Agency Review. The Director shall refer the application to the Fire Department for review and comment prior to application approval.

E.

Development Standards.

1.

Lowering Device. All amateur radio antenna structures, capable of a maximum extended height in excess of 35 feet (inclusive of tower and mast), with the exception of whip antennas, shall be equipped with both a motorized device and a mechanical device, each capable of lowering the antenna to the maximum permitted height when not in operation.

2.

Permitted Height.

a.

The height of an antenna structure shall be measured from natural grade at the point the mast touches, or if extended, would touch the ground.

b.

When in operation, no part of any amateur radio antenna structure shall extend to a height of more than 75 feet above grade of the site on which the antenna structure is installed.

c.

When not in operation, no part of any amateur radio antenna structure, excepting whip antennas, shall extend to a height of more than 35 feet as measured above grade of the site on which the antenna is installed.

3.

Number Permitted. One amateur radio antenna structure, and one whip antenna over 35 feet, shall be permitted on each building site.

4.

Siting. The antenna structure shall be located on-site in a manner which will minimize the extent to which the structure is visible to nearby residents and members of the general public. Antenna structures shall be considered to satisfy this criteria if:

a.

No portion of the antenna structure or mast is located within any required setback area;

b.

No portion of the antenna structure or mast is within the front 40 percent of that portion of the building site that abuts a street; and

c.

In the event a building site abuts two or more streets, the antenna structure or mast is not located within the front 40 percent of that portion of the building site where primary access is provided to the property, or within 20 feet of any other abutting street or public right-of-way.

F.

Installation and Maintenance.

1.

All antenna structures shall be installed and maintained in compliance with applicable building standards.

2.

All antennas and their supporting structures shall be maintained in good condition.

3.

All ground-mounted antennas and their supporting structures shall be permanently installed.

(Ord. 2019-0004 § 1, 2019.)

22.140.050 - Ambulance Emergency Services Facilities.

A.

Applicability. This Section applies to ambulance emergency service facilities in all zones where permitted.

B.

Ambulance Storage. No more than two ambulances may be stored on-site at any one time.

C.

Designated Parking. In addition to required parking for business and professional office use, a designated parking space shall be provided for each ambulance on-site.

(Ord. 2019-0004 § 1, 2019.)

22.140.060 - Animal Keeping, Commercial.

A.

Animals on Motion Picture Studios and Sets.

1.

Applicability. This Subsection A applies to animals on motion picture studios and sets, including indoor and outdoor sets, in Zones A-2, O-S, R-R, C-M, C-R, M-1, M-1.5, and M-2.

2.

Standards.

a.

If temporary keeping of domestic or wild animals is proposed in conjunction with a motion picture or television production on a motion picture set or premises, they shall be used, kept, or maintained pursuant to all regulations of the Department of Animal Care and Control.

b.

Animals shall not be retained on the premises for a period of more than 60 days. The Director may grant requests for extension of such time period not to exceed 30 additional days with a Ministerial Site Plan Review (Chapter 22.186) application if the extension remains consistent with the intent of this Subsection A and there are no proposed changes to the keeping of animals listed on the original application.

B.

Animals in Circuses and Temporary Animal Exhibitions.

1.

Applicability. This Subsection B applies to animals in circuses and temporary animal exhibitions in Zones C-MJ, C-R, M-1, M-1.5, and M-2.

2.

Standards. Animals may be used, kept, or maintained as part of a circus or animal exhibition on a temporary basis for up to seven days in Zones C-MJ and C-R, and for up to 14 days in Zones M-1, M-1.5, and M-2 provided that such animals are used, kept, or maintained pursuant to all regulations of the

Department of Animal Care and Control. Any requests for the keeping of animals for longer than the time specified for the zone in conjunction with the circus or temporary animal exhibition requires a Conditional Use Permit (Chapter 22.158) application.

(Ord. 2023-0038 § 8, 2023; Ord. 2019-0004 § 1, 2019.)

22.140.070 - Animal Keeping, Noncommercial or Personal Use.

A.

Purpose. This Section regulates animals as pets and animals for the use of persons residing on the property to provide for the keeping of domestic and wild animals that are accessory to the residential use of a property, as opposed to maintenance for commercial purposes. Such regulations presume a reasonable effort on the part of the animal owners to recognize the rights of surrounding neighbors by maintaining and controlling their animals in a safe and healthy manner at a reasonable location.

B.

Application Requirements.

1.

Permitted. Animal keeping in compliance with this Section is permitted; or

2.

Animal Permit. An Animal Permit (Chapter 22.152) application is required for animal keeping for animals other than those listed in, or in numbers greater than those given, or on lots having less than the area required in Subsection C, below.

C.

Animal Keeping Permitted—Limitations. A person shall not keep or maintain any animal for personal use in any zone other than those specified as permitted in this Section. This Section shall not prohibit the keeping of animals for personal use to the extent permitted by commercial provisions in the same zone, subject to the same conditions and restrictions of the zone.

Livestock Kept as Pets.

a.

Applicability. This Subsection C.1 applies to livestock kept as pets in Zones A-1, A-2, R-A, R-1, R-2, R-3, R-4, and R-5.

b.

Maximum Number Permitted. Livestock listed in Table 22.140.070-A, below, may be kept or maintained as pets or for the personal use of persons residing on the property or lot having a minimum area of 15,000 square feet per dwelling unit, subject to the maximum number listed in such Table, not to exceed one animal per 5,000 square feet of lot area.

c.

Livestock Kept as Pets—Animals Existing as of February 27, 1974. Each lot having a minimum area of 10,000 square feet but less than 15,000 square feet per dwelling unit where horses, donkeys, mules or other equine, cattle, sheep, or goats are kept or maintained is hereby granted an Animal Permit permitting one such animal per 5,000 square feet of lot area, provided:

i.

That such animals were kept or maintained as pets or for the personal use of members of the family residing on the premises prior to and on February 27, 1974; and

ii.

That a notarized affidavit so certifying is filed with the Director within 120 days of September 20, 1974, the effective date of the ordinance establishing the provisions codified in this Section.

iii.

In computing the time period within which horses, donkeys, mules or other equine, cattle, sheep, and goats kept or maintained as pets or for personal use must be discontinued and removed, pursuant to the provisions of Section 22.172.050.B (Termination by Operation of Law), the date such uses became nonconforming shall be deemed to be September 20, 1974, the effective date of the ordinance establishing the provisions codified in this Section.

d.

Pigs and Hogs. Notwithstanding Subsection C.3, below, the keeping of pigs and hogs shall be prohibited in all Residential Zones.

2.

Dogs.

a.

Applicability. This Subsection C.2 applies to dogs in Zones A-1, A-2, R-A, R-1, R-2, R-3, R-4, and R-5.

b.

Maximum Number Permitted. No more than four dogs over the age of four months shall be kept per dwelling unit, whether kept or maintained for personal use or otherwise. A dog that is a service animal, as defined in Section 10.08.216 and as licensed in Section 10.020.090 in Title 10 (Animals) of the County Code, shall not be counted toward the number of dogs authorized to be kept or maintained.

3.

Pygmy Pigs.

a.

Applicability. This Subsection C.3 applies to pygmy pigs in Zones R-A, R-1, R-2, R-3, R-4, and R-5.

b.

Maximum Number Permitted. Only one pygmy pig, as defined in Section 10.08.205 (Pygmy Pig) of Title 10 of the County Code, may be kept per dwelling unit for personal use, in compliance with the requirements of Title 10 (Animals) of the County Code.

4.

Wild Animals Kept as Pets.

a.

Applicability. This Subsection C.4 applies to wild animals kept as pets in Zones A-1, A-2, R-A, R-1, R-2, R- 3, R-4, R-5, M-1, M-1.5, M-2, and M-2.5.

b.

Maximum Number Permitted. For each dwelling unit, the occupant may keep the animals listed in Table 22.140.070-B, below.

TABLE 22.140.070-B: WILD ANIMALS KEPT AS PETS

The following wild animals are permitted.

Tropical fish, excluding caribe

White mice and rats

The following wild animals are permitted, except that on a lot having an area of less than 10,000 square feet per dwelling unit, a maximum of three of the following animals in any combination are permitted.

c.

Other Wild Animals Permitted. In Zones A-2, M-1, M-1.5, and M-2, the following additional animals listed in Table 22.140.070-C, below, are permitted, provided that the animals are kept and maintained at a place where the keeping of domestic animals is permitted, except that on a lot having an area of less than 10,000 square feet per dwelling unit, a maximum of three of the following animals in any combination are permitted.

d.

No animals from species determined to be restricted by the California Department of Fish and Wildlife shall be kept as pets.

D.

Setback from Residences. Any structure used for housing any animal, fowl, or bird, wild or domestic, other than cats, dogs, canaries, or birds of the psittacine family and including corrals and fencing, shall be established at least 35 feet from any residence, except for an accessory dwelling unit or junior accessory dwelling unit regulated by Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

(Ord. 2025-0029 § 6, 2025; Ord. 2023-0038 § 9, 2023; Ord. 2022-0008 § 92, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to animal raising in Zones A-1, A-2, O-S, R-R, W, C-R, M-1, M-1.5, and M-2.

B.

Animal Raising.

1.

Number Permitted. The maximum number of animals permitted per acre for animal raising is shown in Table 22.140.080-A, below.

2.

Development Standards.

a.

All buildings or structures used in conjunction with such animal raising shall be located not less than 50 feet from any street or highway or any habitable structure.

b.

Any lot used for grazing shall not be used in conjunction with any dairy, livestock feed yard, livestock sales yard, or commercial riding academy located on the same property.

c.

No buildings, structures, pens, or corrals designed or intended to be used for the housing or concreted feeding of such animals may be used on the premises for grazing other than racks for supplementary feeding, troughs for watering, or incidental fencing.

d.

In Zone M-2, Subsections B.2.b and B.2.c may be waived upon approval of a Conditional Use Permit (Chapter 22.158) application.

C.

Hogs or Pigs.

Number Permitted. The maximum number of weaned hogs, pigs, or pygmy pigs allowed per lot is:

a.

In Zones A-1, R-R, C-R, M-1, M-1.5, and M-2, two.

b.

In Zone A-2, five.

2.

Development Standards.

a.

The pigs or hogs may be kept and located not less than 150 feet from any highway and not less than 50 feet from the side or rear lines of any lot. This Subsection C.2.a shall not apply to pygmy pigs.

b.

The pigs or hogs may be kept and located not less than 50 feet from any habitable building. This Subsection C.2.b shall not apply to pygmy pigs.

c.

In Zones A-1, A-2, R-R, C-R, and M-1, the pigs or hogs shall not be fed any market refuse or similar imported ingredient or anything other than table refuse from meals consumed on the same lot, or grain.

(Ord. 2023-0038 § 10, 2023; Ord. 2019-0004 § 1, 2019.)

22.140.090 - Apartment Houses, Incidental Commercial Services.

A.

Applicability. This Section applies to incidental commercial services in apartment houses in Zones R-4, R-5, and C-H.

B.

Permitted Uses. Incidental restaurants and commercial service concessions offering newspapers, tobacco, notions, grocery, and similar items for sale may be permitted in apartment house complexes having at least 100 dwelling units.

C.

Use Restriction. The facilities shall be designed and operated for the convenience of the occupants and are no more extensive than is necessary to serve the development.

D.

Access. All public entrances to such facilities shall be from a lobby, hallway, or other interior portion of the development.

E.

Visibility Restriction.

1.

The facilities shall be located so as not to be visible from the outside of the building; and

2.

No sign advertising or identifying such facilities may be visible from outside of the building.

(Ord. 2019-0004 § 1, 2019.)

22.140.100 - Automobile and Vehicle Sales and Rentals, Automobile Service Stations, and Automobile Supply Stores.

A.

Zones C-1, C-2, and C-RU. This Subsection A applies to accessory uses to automobile and vehicle sales and rentals, automobile service stations, and automobile supply stores in Zones C-1, C-2, and C-RU.

1.

Incidental Repair and Installation of Parts. Incidental repair and installation of parts is permitted as an accessory use to the sale of new automobiles, automobile service stations, and automobile supply stores, subject to the following standards:

a.

Automobile repair activities shall exclude body and fender work, painting, major engine overhaul, or transmission repair.

b.

All repair and installation activities shall be conducted within an enclosed building only.

c.

All repair or installation activities shall be confined to the hours between 7:00 a.m. and 9:00 p.m. daily.

d.

No automobile awaiting repair or installation service shall be parked or stored for a period exceeding 24 hours except within an enclosed building.

e.

A masonry wall shall be established and maintained along an abutting property line in a Residential or Agricultural Zone in accordance with Section 22.112.080 (Parking Design), as if the area was developed for parking.

f.

Landscaping shall comprise an area of not less than two percent of the gross area developed for the primary use.

2.

Incidental Washing, Waxing, and Polishing. Incidental washing, waxing, and polishing is permitted as an accessory use to new automobile sales and automobile service stations, subject to the following standards:

a.

Automobile washing, waxing, and polishing shall be done by hand only.

b.

Automobile washing, waxing, and polishing shall be conducted within an area no greater than 500 square feet.

3.

Trailer Rentals. Rental of trailers, box and utility only, is permitted as an accessory use at automobile service stations only, subject to the following standards:

a.

Trailer beds shall be not larger than 10 feet.

b.

Rental activity shall be conducted within an area not exceeding 10 percent of the total area of such automobile service station.

B.

Zone MXD-RU. In Zone MXD-RU:

1.

Incidental repair and installation of parts is permitted as an accessory use to automobile service stations in compliance with the following:

a.

Subsections A.1.a through A.1.d, above; and

b.

A masonry wall is established and maintained along any boundary that abuts a property located in a residential or agricultural zone, as if the area were developed with parking subject to Subsections F.2 (Side and Rear Yards) and F.3 (Modification) of Section 22.112.080.F.2.

2.

Automobile washing, waxing and polishing, is permitted as an accessory use to the sale of new automobiles and automobile service stations.

3.

Accessory installation of parts for automobile supply stores is prohibited.

C.

Zone C-MJ. In Zone C-MJ, the following accessory uses are permitted:

1.

Automobile Sales and Rental of New and Used Motor Vehicles. Incidental service and repair are permitted as an accessory use for automobile sales and rental of new and used motor vehicles, provided that all repair activities are conducted within an enclosed building.

2.

Automobile Supply Stores. Incidental service and repair and rental of utility trailers is permitted as an accessory use for automobile supply stores in compliance with Subsections A.1 and A.3, above.

D.

Development Standards for Certain New Automobile Service Stations and CNG Fueling Stations.

1.

Development standards in this Subsection D shall apply to the following:

a.

A new automobile service station that is subject to a Conditional Use Permit (Chapter 22.158) in Zones C-1, C-2, C-3, C-M, C-MJ, or C-R; or

b.

A new CNG fueling station within a 500-foot radius of a sensitive use in certain communities, as specified in Table 22.20.030-B (Principal Use Regulations for Commercial Zones).

2.

General. New automobile service stations or CNG fueling stations subject to this Subsection D shall locate the gasoline or fuel dispensing areas at least 50 feet from the nearest sensitive uses.

3.

Additional Standards for New Automobile Service Stations or CNG Fueling Stations Adjacent to or Adjoining Sensitive Uses.

a.

Building Setback. A minimum of 10-foot setback shall be provided along the property lines adjacent to or adjoining sensitive uses.

b.

Building Height. Any portion of a building or structure, excluding chimneys, rooftop antennas, roof-mounted solar panels, or other rooftop equipment, including HVAC units, air purifiers, etc., shall set back one additional foot for every foot above 35 feet in height up to a maximum height of 45 feet.

(Ord. 2024-0028 § 15, 2024; Ord. 2019-0004 § 1, 2019.)

22.140.110 - Automobile Body and Fender Repair, Painting, and Upholstering as an Accessory Use.

A.

Applicability. This Section applies to automobile body and fender repair, painting, and upholstering as an accessory use to the sale of new automobiles in Zones C-3 and C-M.

B.

Development Standards. This use shall comply with the following standards:

1.

Enclosure. All operations shall be conducted within an enclosed building.

2.

Area. No more than 25 percent of the area devoted to service or repair of automobiles may be devoted to body and fender work, painting, or upholstering.

3.

Spray Booths. No more than one paint spray booth shall be permitted.

4.

Noise. All areas or structures used shall be so located or soundproofed as to prevent annoyance or detriment to surrounding properties.

Screening. All damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from surrounding properties of the same elevation or within ten feet of such properties.

6.

Hours of Operation. All repair activities shall be confined to the hours between 7:00 a.m. and 9:00 p.m., daily.

7.

Storage. No damaged or wrecked vehicles shall be stored for any purpose other than repair and shall not constitute an automobile impound yard.

C.

Prohibition. Dismantling of vehicles for any purpose other than repair or the sale of used parts is prohibited.

(Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to automobile impound yards in all zones where permitted.

B.

Enclosure. All operations and storage, including all equipment used in conducting such business, other than parking, shall be conducted within an enclosed building or within an area enclosed by a solid wall or solid fence.

C.

Fences and Walls. Where fences or walls are provided, they shall be developed as provided below.

1.

All fences and walls shall be of a uniform height in relation to the ground upon which they stand, and shall be a minimum of eight feet in height. Where fences or walls exceed a height of 10 feet and are located on street or highway frontages, they shall be set back at least three feet from the lot line. The area between the fence and the lot line shall be fully landscaped according to the specifications described in Subsection E, below.

2.

All fences and walls open to view from any public street or highway or any area in a Residential, Agricultural, or Commercial Zone shall be constructed of the following materials:

a.

Metallic panels, at least 0.024 inches thick, painted with a "baked on" enamel or similar permanent finish;

b.

Masonry; or

c.

Other materials comparable to the foregoing, if approved by the Director.

3.

Other required fences may be constructed of material other than specified in Subsection C.2, above.

4.

All fences and walls shall be constructed in a workmanlike manner and shall consist solely of new materials unless the Director approves the substitution of used materials where, in the Director's opinion, such used materials will provide the equivalent in service, appearance, and useful life.

5.

All fences and walls shall be painted a uniform neutral color, excluding black, which blends with the surrounding terrain and improvements, and shall be maintained in a neat, orderly condition at all times. Such fence or wall shall contain no painted signs or posters except as approved by the Director.

6.

Any structures which are used as part of the yard boundaries or are exposed to view from the street frontage shall be painted to conform with the color of the fencing. The Director may approve other appropriate architectural treatment.

D.

Pavement. The entire yard shall be paved with an asphalt surfacing or an oil and aggregate mixture to prevent emission of dust or tracking of mud onto public rights-of-way; provided, however, the Director may:

1.

Approve other paving materials which provide, in the Director's opinion, the equivalent in service and useful life; or

2.

Modify such requirements within existing yards in those areas where material is stored and the Director finds no dust or mud problem would result.

E.

Landscaping. At least one square foot of landscaping shall be provided for each linear foot of street frontage, and said landscaping shall be developed in accordance with a site plan which complies with the following criteria:

1.

Landscaping shall be distributed along said frontage and visible from the right-of-way in accordance with the site plan approved by the Director.

2.

No planting area shall have a horizontal dimension of less than three feet.

3.

A permanent watering system or hose bibs shall be provided which satisfactorily irrigates all planted areas. When hose bibs are utilized, they shall be so located as to permit the watering of all planted areas with a 50 foot hose.

4.

All landscaped areas shall be continuously and properly maintained in good condition.

F.

Storage.

1.

No impounded vehicles shall be placed or allowed to remain outside of the enclosed yard area.

2.

No impounded vehicles shall be stored at a height greater than that of the surrounding fence or wall unless the land upon which the yard is located is in Zone M-3 and such storage above said fence or wall is not within 500 feet of any other zone.

G.

Additional Regulations. The standards of development forautomobile impound yards as set forth in this Section shall not relieve the proprietors of such automobile impound yards from complying with all regulations, laws, and ordinances of the County and the State of California.

H.

Schedule for Compliance.

1.

All automobile impound yards are hereby required to comply with the requirements set forth in Subsections B through G, above, in accordance with the following schedule:

a.

All storage of impounded vehicles shall cease to be carried on in any area outside the confines of the fenced or walled area of the yard and above the height of the fence or wall, in compliance with Subsection B, above, within six months from January 26, 1980, the effective date of this Section.

b.

All other requirements in Subsections C through G, above, shall be complied with within two years from January 26, 1980, the effective date of this Section.

c.

Upon a showing of substantial compliance with the provisions of in Subsections B through G, above, the Commission may extend the time for compliance with the requirements set forth in Subsection H.1.a, above, for a period not to exceed six additional months, and may extend the time for compliance with Subsection H.1.b, above, for a period not to exceed one additional year.

2.

Failure to comply with the requirements of Subsections B through G, above, shall be deemed to automatically terminate any existing nonconforming use or Conditional Use Permit (Chapter 22.158) authorizing the establishment of an automobile impound yard. Compliance with said requirements shall not in and of itself constitute sufficient grounds for the granting of a Conditional Use Permit (Chapter 22.158) or the extension thereof.

I.

Modification. The requirements in Subsections B through G, above, may be modified upon approval of a Variance (Chapter 22.194) application.

(Ord. 2022-0023 § 29, 2022; Ord. 2019-0004 § 1, 2019.)

22.140.130 - Building Materials Storage—Temporary.

A.

Applicability. This Section applies to temporary storage of building materials in all zones where permitted.

B.

Location. All building materials, including the contractor's temporary office, shall be used on the same lot as the building project on-site or on property adjoining the construction site.

C.

Time Limit. All building materials, including the contractor's temporary office, may be stored on-site during construction of a building or project and up to 30 days thereafter.

(Ord. 2019-0004 § 1, 2019.)

22.140.134 - Cannabis.

A.

Purpose and Intent. Except for personal use of cannabis otherwise allowed under MAUCRSA, this Chapter prohibits any medical or non-medical cannabis businesses or activities until the County adopts a comprehensive regulatory framework for medical and non-medical cannabis, and imposes reasonable regulations regarding personal cannabis cultivation otherwise allowed by State law. Specific terms used in this Section are defined in Section 22.14.030 of Division 2 (Definitions), under "Cannabis".

B.

Cannabis Businesses and Activities—Prohibited. Except for personal use of cannabis otherwise allowed under MAUCRSA, and personal cultivation as provided in Subsection D, below, the establishment, maintenance, and/or operation of any cannabis business or activity is prohibited in all zones within the unincorporated area of the County.

C.

Renting, Leasing, and Permitting Cannabis Businesses and Activities—Prohibited. Except for personal use of cannabis otherwise allowed under MAUCRSA, and personal cultivation as provided in Subsection D, below, the renting, leasing, and/or permitting the use, of property for any cannabis business or activity is prohibited in all zones within the unincorporated area of the County.

D.

Personal Cannabis Cultivation. Personal cannabis cultivation may be established and maintained accessory to a legally established dwelling unit, as set forth in this Chapter and under State law.

1.

Single-Family Residences and Detached Residential Condominium Projects. Cannabis for personal use may be cultivated at a single-family residence or a dwelling unit in a detached residential condominium project. The following standards apply to both indoor and outdoor cultivation:

a.

Cannabis cultivation shall not be visible from a public right-of-way, private drive, or fire lane.

b.

Cannabis cultivation areas shall be enclosed in a locked space.

c.

Cannabis cultivation shall be limited to six plants per residence, pursuant to MAUCRSA. If a lot is legally improved with a single-family residence and an accessory dwelling unit, no more than six of the combined total number of plants may be cultivated outdoors upon the grounds on that lot.

d.

The following additional standards apply to outdoor cultivation:

i.

Cannabis cultivation shall be prohibited within 600 feet of any park, library, or school, as defined in California Health and Safety Code Section 11362.768; day care center, as defined in California Health and Safety Code Section 1596.76; or youth center, as defined in California Health and Safety Code Section 11353.1;

ii.

Cannabis cultivation shall be limited to a maximum of six plants per lot;

iii.

Cannabis plants may not exceed a maximum height of six feet;

iv.

Cannabis cultivation is prohibited within the required front yard setback;

v.

Cannabis cultivation at all times shall be located at least 10 feet from side yard and rear yard property lines; and

vi.

Cannabis cultivation areas shall be located within an area that is enclosed and secured by a solid wall or fence and locked:

(1)

All fences and walls shall be of a uniform height in relation to the ground upon which they stand and shall be a minimum of six feet in height, not to exceed the height limit of the zone, community standards district, or other more restrictive requirement applicable to the lot.

(2)

All fences and walls shall be constructed with masonry, wood, or similar materials as approved by the Director. Chain link fencing for the screening, enclosing, or securing of cannabis cultivation areas is prohibited.

(3)

All fences and walls shall be constructed in a workmanlike manner.

(4)

All fences and walls shall be a uniform neutral color, excluding black, which blends with the surrounding terrain and improvements, and shall be maintained in a neat, orderly condition at all times.

All Other Residences. Two-family residences and dwelling units in an apartment house and attached residential condominium projects are expressly prohibited from establishing outdoor cannabis cultivation for personal use. Outdoor cannabis cultivation includes, but is not limited to, cultivation on balconies, patios, common areas, and walkways. Indoor cannabis cultivation is permitted subject to the following standards:

a.

Cannabis cultivation shall not be visible from a public right-of-way, private drive, or fire lane.

b.

Cannabis cultivation shall be limited to a maximum of six plants per dwelling unit.

c.

Cannabis cultivation areas shall be fully enclosed in a locked space.

(Ord. 2019-0004 § 1, 2019.)

22.140.140 - Caretaker Residences, Including Mobilehomes.

A.

Applicability. This Section applies to caretaker residences, including mobilehomes, as an accessory use in Zones A-1, A-2, O-S, R-R, C-1, C-2, C-3, C-M, C-R, C-RU, MXD-RU, M-1, M-1.5, M-2, and M-3.

B.

Continuous Supervision. In Zones R-R, C-1, C-2, C-3, C-M, C-R, C-RU, MXD-RU, M-1, M-1.5, M-2, and M- 3, caretaker residences, including mobilehomes, may be allowed where continuous supervision of the premises is required.

C.

Short-Term Supervision. In Zones M-1, M-1.5, M-2, and M-3, when supervision of the premises is required for a duration of six months or less, a recreational vehicle may be used as a caretaker residence in lieu of a mobilehome.

D.

Zones A-1 and A-2. With the exception of mobilehomes for use as a caretaker residence, per Subsection D, below, approval for a caretaker residence may be granted in Zones A-1 and A-2 even though the number of existing residences on the lot is the maximum number permitted by Chapter 22.110 (General Site Regulations).

E.

Mobilehomes as a Caretaker Residence.

Development Standards.

a.

Density. The use of a mobilehome as a caretaker residence shall not exceed the density permitted by this Title 22, or the adopted General Plan, whichever is less. A mobilehome shall contain only one dwelling unit.

b.

Placement. The placement of the mobilehome shall be at a location where the erection of residential structures is otherwise permitted.

2.

Additional Standards for Zones O-S, R-R, A-1, A-2, C-1, C-2, C-3, C-M, and C-R.

a.

In Zones O-S, R-R, A-1, A-2, C-1, C-2, C-3, C-M, and C-R, the use of a mobilehome as a caretaker residence are subject to the following standards:

i.

Time Limitation. The mobilehome shall be removed from the site prior to the end of five years unless a different time period is specified by the Commission or Hearing Officer.

ii.

Modification. The requirements in Subsection E.1, above, may be modified upon approval of a Variance (Chapter 22.194) application.

(Ord. 2022-0008 § 93, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to all zones where a cargo shipping container is permitted on a lot for storage purposes that are incidental to the permitted principal use on the same lot.

B.

Application Requirements.

1.

Ministerial Site Plan Review.

a.

Industrial Zones. A Ministerial Site Plan Review (Chapter 22.186) application is required to approve any number of cargo shipping containers on a lot for storage purposes, subject to the standards in Subsection C, below.

b.

Other Zones. In all other zones where permitted, a Ministerial Site Plan Review (Chapter 22.186) application is required to approve up to one cargo shipping container on a lot for storage purposes, subject to the standards in Subsection C, below.

2.

Conditional Use Permit. In Zones C-3, C-M, C-RU and MXD-RU, a Conditional Use Permit (Chapter 22.158) application is required to approve two or more cargo shipping containers on a lot for storage purposes.

C.

Development Standards.

1.

Each cargo shipping container shall be:

a.

In Zones A-1 and A-2, limited to a lot of at least two acres in size and accessory to and used in connection with a lawfully established verifiable farming, agricultural, or non-commercial activity occurring on the property, or as used in Subsection C.1.b, below.

b.

In Residential Zones and Zones C-1, C-2, C-R, and C-MJ, approved as a temporary storage unit for construction equipment and building materials on site during construction and up to 30 days after a certificate of occupancy has been issued.

c.

In Zones C-3, C-M, C-RU, and MXD-RU and Industrial Zones, may be used for temporary or permanent storage, in compliance with the requirements of Section 22.140.420 (Outdoor Storage), and shall be used only for the commercial use on the lot.

d.

Limited to a maximum dimension of 10 feet in height, 10 feet in width, and 40 feet in length.

e.

Placed a minimum distance of six feet from the legally established primary structure on the same lot.

f.

Painted one uniform color and the sides of containers shall not display signs, images, or lettering, except for signs, images, or lettering providing safety information related to the contents stored within, if such safety information is required by the County Code or other applicable federal, State, or local regulations.

g.

Maintained in compliance with the Building Code Manual of Public Works, and any required miscellaneous permit issued by Public Works.

2.

In Zones C-RU and MXD-RU, where two or more cargo shipping containers are approved, the additional cargo shipping containers shall comply with all the requirements of Subsection C.1, above, shall not be stacked upon each other, and shall be placed at least six feet apart from any other cargo shipping container, unless otherwise indicated on the approved site plan.

(Ord. 2022-0008 § 94, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Dairies in Zone A-2.

1.

Applicability. This Subsection A applies to dairies in Zone A-2.

2.

Minimum Lot Size. Dairies shall have a minimum lot size of 10 acres.

3.

Uses Permitted. Processing and sale of milk and dairy products are permitted only if they are lawfully produced from the dairy located on the same lot.

4.

Development Standards. All buildings or structures used in connection with the dairy shall be located not less than 50 feet from any street or highway or any habitable structure.

B.

Dairies in Zone M-2.

1.

Applicability. This Subsection B applies to dairies in Zone M-2.

Exemption. No permit is required for an enlargement, alteration or addition of an existing dairy if the dairy has been established on the same lot on or before July 16, 1936.

(Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to density-controlled developments in Zones A-1, A-2, R-R, R-A, R-1, and R-2.

B.

Underlying Zone Standards Apply. Unless otherwise specified as a condition of the grant, all development standards of the zone in which a density-controlled development is proposed shall be deemed to be conditions of every Conditional Use Permit granted for such development, whether such conditions are set forth in the permit or not.

C.

Required Standards. In approving a Conditional Use Permit (Chapter 22.158) application for densitycontrolled development, the Commission or Hearing Officer shall impose the following standards. The standards in this Subsection C may not be modified unless a Variance (Chapter 22.194) application is granted:

1.

Preservation of Commonly Owned Areas.

a.

All commonly owned areas shall be permanently reserved and maintained in perpetuity, by establishment of a homeowner's association, maintenance district, or other appropriate means or methods to ensure to the satisfaction of the Commission or Hearing Officer the permanent reservation and continued perpetual maintenance of the required commonly owned areas.

b.

Each dwelling unit shall be sold together with an undivided interest in any commonly owned areas. Such undivided interest shall include either:

i.

An undivided interest in the commonly owned areas; or

ii.

A share in the corporation or voting membership in an association owning the commonly owned area, where approved as provided in this Section.

2.

Required Area Per Dwelling Unit. Notwithstanding the minimum lot area established by the zone in which the development is located, where a density-controlled development is approved by the Commission or Hearing Officer, the lot area or lot area per dwelling unit requirements specified in the application shall be deemed the minimum required area or required area per dwelling unit established for the lots where approved.

3.

Dwelling Unit Type. All dwelling units shall be single-family residences unless a townhouse development is requested and approved.

4.

Location, Separation, and Height of Buildings. The Commission or Hearing Officer shall impose any conditions deemed necessary to govern the location, separation, and height of buildings to insure compatible placement on the proposed site and with relationship to the surrounding area. This provision shall not be deemed to permit approval of a greater height than is permitted in the zone where development is proposed.

D.

Additional Standards. In approving a density-controlled development, the Commission or Hearing Officer may impose the following standards:

1.

Location of Automobile Parking Facilities. If the proposed development will contain design features offering amenities equal to or better than a development plan incorporating required automobile parking facilities on the same lot, such automobile parking may be located on a separate lot, provided that such automobile parking facility is:

a.

In full compliance with all provisions of Chapter 22.112 (Parking).

b.

Located on a separate lot under common ownership.

c.

Conveniently located and easily accessible to the dwelling it is intended to serve.

d.

Not greater than 200 feet from the residence it is intended to serve.

2.

Architecture. Conditions may be imposed governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property.

3.

Yards. Any or all yard requirements of the zone may be modified for a density-controlled development to the extent such modification will:

a.

Encourage design features promoting amenities equal to or better than a development plan incorporating required yards; and

b.

Assist in integrating the proposed development in relation to location on the site and its relationship to the surrounding area. Nothing in this Subsection D shall be construed to prohibit the imposition of yard depths exceeding the minimum provided in the zone.

4.

Landscaping. A landscaping plan for the landscaping of any or all parts of the development may be required to be submitted to, and approved by, the Commission or Hearing Officer to ensure that the development will be complementary to, and compatible with, the uses in the surrounding area.

5.

Utilities. Evidence of arrangements with the applicant and the serving utilities to install underground all new facilities necessary to furnish service in the development may be required to be submitted and may be a condition of approval.

(Ord. 2021-0010 § 31, 2021; Ord. 2019-0004 § 1, 2019.)

22.140.180 - Domestic Violence Shelters, Emergency Shelters, and Accessory Emergency Shelters.

A.

Purpose. The purpose of this Section is to permit certain domestic violence shelters, emergency shelters, and accessory emergency shelters.

B.

Definitions. Specific terms used in this Section are defined in Division 2 (Definitions).

C.

Applicability. This Section shall apply to all zones where permitted.

D.

Application Requirement. A Ministerial Site Plan Review (Chapter 22.186) is required, except in Zone M-2.5 where a Conditional Use Permit (Chapter 22.158) is required.

E.

Requirements.

1.

Domestic Violence Shelters and Emergency Shelters. Notwithstanding other Title 22 requirements, domestic violence and emergency shelters, pursuant to this Section, shall comply with the following:

a.

Parking. One space per employee during peak shift.

b.

Outdoor lighting. Outdoor lighting shall be shielded and focused away from all adjoining properties.

c.

On-site management. On-site management shall be provided at all times for shelters with more than five occupants. For the purposes of this Section, on-site management shall be at least one person employed to oversee the shelter.

2.

Accessory Emergency Shelters. Government or a nonprofit organization, including faith-based organizations, may establish an accessory emergency shelter on a property with an existing nonresidential use, if the property is owned or leased by the government or a nonprofit, or the accessory emergency shelter will be operated by the government or a nonprofit, and shall comply with the following:

a.

Parking. Accessory emergency shelters shall be subject to Subsection E.1.a, above.

b.

Outdoor lighting. Accessory emergency shelters shall be subject to Subsection E.1.b, above.

c.

On-site management. Accessory emergency shelters shall be provided at all times for shelters with more than five occupants. For the purposes of this Section, on-site management shall be at least one person, and shall be either the property owner or a person appointed by the property owner to oversee the accessory shelter.

F.

Development Standard Waiver or Modification for Existing Buildings.

1.

No enlargement, addition or expansion. At the request of the applicant, the Director shall waive or modify Title 22 development standards, if the shelter is proposed within an existing, legally-built building, and no enlargement, addition, or expansion is proposed to the existing, legally-built building.

2.

Enlargement, addition, or expansion. At the request of the applicant, the Director shall waive or modify Title 22 development standards, if the shelter includes an enlargement, addition, or expansion to the existing, legally-built building subject to this Section, unless the Director makes one of the following findings:

a.

The development standard for which the applicant is requesting a waiver or reduction does not physically preclude the conversion;

b.

The waiver or reduction would have a specific adverse impact upon public health and safety, or the physical environment, or upon any real property that is listed in the California Register of Historical Resources, or the waiver or reduction would have a specific adverse impact for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

c.

The waiver or reduction is contrary to State or federal law.

(Ord. 2021-0017 § 19, 2021; Ord. 2019-0004 § 1, 2019.)

22.140.185 - Drive-through Establishments, Drive-through Facilities, and Drive-through Services.

A.

Applicability. A new drive-through establishment, drive-through facility, or drive-through service that is subject to a Conditional Use Permit (Chapter 22.158) in Zones C-H, C-1, C-2, C-3, C-M, or C-MJ due to its proximity to sensitive uses in certain communities, is subject to all applicable development standards in this Section.

B.

Standards and Requirements.

1.

General.

a.

A maintenance plan shall be submitted as part of the Conditional Use Permit application, to the satisfaction of the Director, and the drive-through establishment shall comply with the maintenance plan.

b.

Hours of operation for the drive-through area shall be no earlier than 6:00 a.m. and no later than 12:00 a.m.

c.

The required trash bin shall be enclosed by a decorative wall measuring at least five feet tall, but not more than six feet tall, and shall have solid doors.

2.

Additional Standards for New Drive-through Establishments Adjacent to or Adjoining Sensitive Uses.

a.

A minimum of a 10-foot setback shall be provided along the property lines adjacent to or adjoining sensitive uses.

b.

The location of the drive-through area, including cashier microphone, speakers, and drive-through lane, shall be located at least 20 feet from the property line of any adjoining residentially-zoned lot. Speakers and lighted menus shall be oriented away from any adjoining residentially-zoned lot.

c.

A buffer, which may include a six-foot solid wall, as depicted on the site plan, shall be provided to reduce noise trespass from the drive-through area to any adjoining residentially-zoned lot.

(Ord. 2024-0028 § 16, 2024.)

A.

Applicability. This Section applies to dry cleaning establishments in Zones C-1, C-2, C-3, C-M, C-MJ, C-R, C-RU, MXD-RU, M-1, M-1.5, M-2, and MXD.

B.

Enclosure. All activities and equipment relating to dry cleaning shall be within an enclosed building.

C.

Requirements.

1.

In Zones C-1, C-2, C-3, C-M, C-R, C-RU, and MXD-RU, buildings used for dry cleaning shall be constructed so that all installed equipment and all activities enclosed within are conducted or maintained

so as to confine or reduce all noise, vibration, dust, odor, and any other objectionable factor to the extent that such factors will not annoy or injure people or property outside of such buildings.

2.

In Zones C-MJ, M-1, M-1.5, M-2, and MXD, dry cleaning establishments shall comply with American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) 62-2001 Indoor Air Quality Standards.

22.140.200 - Electric Distribution Substations, Including Related Microwave Facilities.

A.

Applicability. This Section applies to electric distribution substations, including related microwave facilities, in Zones C-H, C-1, C-2, C-3, C-M, C-MJ, C-RU, MXD-RU, and M-1.

B.

Development Standards.

1.

Walls.

a.

All installations shall be completely surrounded by a masonry wall a minimum of eight feet in height.

b.

The requirements in Subsection B.1.a, above, may be modified upon approval a Minor Conditional Use Permit (Chapter 22.160) application. The Commission or Hearing Officer may approve the substitution of such wall with an industrial-type fence that serves a similar purpose, such as a chain-link fence with embedded plastic or PVC strips or screen planting that evenly obscures at least 95 percent of the fence surface area.

2.

Landscaping. The area between the fence or wall and the property line shall be landscaped and maintained while such use exists.

(Ord. 2019-0004 § 1, 2019.)

A.

Purpose. The purpose of this Section is to facilitate the establishment and operation of farmers' markets and to ensure their compatibility with surrounding uses by establishing development standards.

B.

Applicability.

1.

This Section shall apply to farmers' markets in all zones where permitted.

2.

A farmers' market that is proposed to be located within a Significant Ecological Area or any portion thereof shall be subject to Chapter 22.102 (Significant Ecological Areas) and this Section.

3.

No farmers' market or any portion thereof shall be allowed in an environmentally sensitive habitat area, as defined in Section 30107.5 of the California Public Resources Code or any applicable County local coastal program adopted pursuant to the California Coastal Act.

C.

General Provisions. The following provisions shall apply to all farmers' markets:

1.

Hours of Operation. A farmers' market shall operate no earlier than 8:00 a.m., and no later than 8:00 p.m., on any day, excluding the time needed for set up and clean up. Set up and clean up for a farmers' market must occur on the same day as the farmers' market.

2.

Noise. No amplified sound or music of any kind shall be allowed at any farmers' market.

3.

Trash. All trash shall be removed from the farmers' market site and the site shall be restored to a premarket and neat condition no later than midnight of the day the farmers' market operates.

4.

Prohibited Accessory Uses. Farmers' markets shall not include petting zoos.

5.

Inspections. Farmers' markets may be subject to inspections at the Director's discretion to verify compliance with this Section and any other applicable provisions of the County Code or other applicable federal or State law.

6.

Forms of Payment. Farmers' markets shall accept CalFresh benefits via electronic benefit transfer ("EBT") card in addition to accepting other forms of payment.

7.

Farmers' Market Manager. All farmers' markets shall have a designated farmers' market manager on-site at all times during the event, which manager shall ensure, among other things, that:

a.

Prior to commencement of the farmers' market, the Department has been provided proof that the farmers' market has been certified by the County Agricultural Commissioner, and has been issued a valid United States Department of Agriculture Food and Nutrition Service ("FNS") number, demonstrating the farmers' market's ability to accept CalFresh benefits;

b.

The farmers' market is conducted in accordance with all applicable requirements in this Title 22, including the terms of the applicable grant or approval on file with the Department;

c.

A copy of the applicable grant or approval issued by the Department is clearly posted and visible at each farmers' market event; and

d.

All applicable inspection fees are paid when due.

D.

Parking Requirements.

1.

General Requirement. A farmers' market shall have sufficient land area to allow, at a minimum, one vehicle parking space for each vendor, plus one vehicle parking space for each vendor stall.

2.

Reduction in Parking Allowed. The parking requirement in Subsection D.1, above, may be reduced by up to 50 percent if the Director determines that the number of parking spaces provided will accommodate the number of vendors and customers expected at the farmers' market without any undue adverse impact to the surrounding community, and also if the farmers' market is located within one-half mile of a transit stop for:

a.

A bus that travels along a major or secondary highway or that is part of a bus rapid transit system; or

b.

A rail line within a fixed rail system.

3.

No Other Permit Required. Any alternative parking arrangement for a farmers' market approved by the Director pursuant to this Subsection D shall not require a separate Parking Permit (Chapter 22.178), Minor Parking Deviation (Chapter 22.176), or Variance (Chapter 22.194) application.

E.

Additional Application Materials. In addition to the application materials required by this Title 22, an application for a farmers' market shall contain the following information:

1.

The name and address of the farmers' market manager, if different than the owner or applicant.

2.

A schedule, with proposed dates and times for operation of the farmers' market at the location proposed in the application during that calendar year, which schedule shall be updated annually during the life of the grant or approval.

3.

A site plan depicting the boundaries of the subject property to be used for the farmers' market, the location of all highways, streets, and alleys in relation to the subject property, the boundaries of the farmers' market, the location and dimension of all vendor stalls, and the area for required vehicle parking.

4.

When the applicant/owner proposes alternative parking arrangements:

a.

A description of the unique characteristics of the farmers' market or special programs which are proposed which will reduce the need for the otherwise required number of vehicle parking spaces;

b.

When off-site parking is proposed, evidence that the applicant/owner has written permission from the owner or owners of such off-site property; and

c.

Such other information as the Director may require.

5.

In cases where non-agricultural products will be sold at a site adjacent to, and under the management of, the farmers' market:

a.

A site plan depicting the location and dimension of the area intended to be used for these sales; and

b.

The respective percentages of the area intended to be used for the sale of non-agricultural products and the area intended to be used for the farmers' market.

F.

Covenant and Agreement. Prior to obtaining any approval to conduct a farmers' market pursuant to this Section, the applicant shall provide to the Director a suitable covenant for recordation with the RegistrarRecorder/County Clerk that runs with the land for the benefit of the County, signed by the owner of the premises, declaring that:

1.

The farmers' market shall be maintained in accordance with the information provided in the application and the development standards as required by this Section.

2.

The applicant shall obtain all necessary federal, State, and local approvals to conduct a farmers' market, including the applicable certification from the County Agricultural Commissioner for a valid FNS number, prior to commencing operation.

3.

Any violation of the covenant and agreement required by this Section shall be subject to Chapter 22.242 (Enforcement Procedures).

(Ord. 2019-0004 § 1, 2019.)

22.140.230 - Farmworker Housing.

A.

Purpose. Under Section 65580(a) of the California Government Code, the Legislature has declared that the availability of housing, including farmworker housing, is of vital statewide importance. The purpose of this Section is to promote the development of, and to establish development standards for, farmworker housing consistent with this legislative declaration and pursuant to Section 17000 et seq., of the California Health and Safety Code, known as the Employee Housing Act.

B.

Definitions. Specific terms used in this Section are defined in Division 2 (Definitions), under "Farmworker Housing."

C.

Applicability. This Section applies to farmworker housing in all zones where permitted.

D.

Prohibited Areas for Farmworker Housing.

1.

Farmworker housing shall be prohibited at any location where any portion of the building site is located in:

a.

An airport influence area, as described in the applicable Airport Land Use Plan adopted by the County Airport Land Use Commission, as such plan may be amended from time to time; or

b.

An Environmentally Sensitive Habitat Area, as described in Section 30000 et seq., of the California Public Resources Code (California Coastal Act) or any applicable County Local Coastal Program adopted under the Act.

2.

A farmworker housing complex shall also be prohibited in any location designated by the Fire Department as a Very High Fire Hazard Severity Zone.

E.

Application Requirements for Zones R-3 and R-4.

1.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for a farmworker housing complex that:

a.

In Zone R-3:

i.

Does not exceed the maximum density pursuant to Section 22.02.050.B.2 (Maximum) or Section 22.06.020 (Suffixes to Zoning Symbols); and

ii.

Consists of any of the following housing types:

(1)

An apartment house;

(2)

A two-family residence; or

(3)

Multiple detached residential units on one lot, each unit of which complies with Subsections B through E of Section 22.140.580 (Single-Family Residences), subject to any applicable requirements of the Subdivision Map Act in Section 66410 et seq., of the California Government Code, or Title 21 (Subdivisions) of the County Code, regarding a lease-project subdivision; or

b.

In Zone R-4:

i.

Does not exceed the maximum density pursuant to Section 22.02.050.B.2 (Maximum) or Section 22.06.020 (Suffixes to Zoning Symbols); and

ii.

In addition to the housing types listed in Subsection E.1.a.ii, above, a farmworker housing complex may also consist of a rooming or boarding house; or

2.

Conditional Use Permit. A Conditional Use Permit (Chapter 22.158) application is required for any farmworker housing complex that consists of housing types other than those listed in Subsection E.1, above.

F.

Farmworker Housing Requirements.

1.

In addition to complying with the Employee Housing Act, all farmworker housing shall comply, where applicable, with the California Mobilehome Parks Act in Section 18200 et seq., of the California Health and Safety Code, and the California Special Occupancy Parks Act, in Section 18860 et seq., of the California Health and Safety Code.

2.

Farmworker housing may be developed or maintained for the purpose of providing temporary, seasonal, or permanent housing for farmworkers, where temporary and seasonal housing shall have the same meaning as "temporary employee housing" and "seasonal employee housing," as defined in Sections 17010(a) and 17010(b), respectively, of the California Health and Safety Code.

3.

Farmworker housing shall be allowed, but shall not be required to be:

a.

Developed or provided by the employer of the farmworkers; or

b.

Located on the same property where the involved farmwork is performed.

4.

If farmworker housing is developed or provided by a person or entity other than the farmworkers' employer, the farmworker housing shall consist only of:

a.

Temporary or seasonal farmworker housing, as described in Subsection F.2 of this section; or

b.

A mobilehome, manufactured home, travel trailer, or recreational vehicle, if such housing is intended to be permanent.

5.

Prior to obtaining an approval for a farmworker housing complex, the applicant shall submit all required information and obtain all applicable approvals to and from the Fire Department and the Departments of Public Health, Public Works, and Regional Planning related to the complex. All fees associated with each department's review shall be paid to the respective department. Improvements to the farmworker housing complex required by these departments shall be constructed or installed by the applicant.

6.

Within 30 days after obtaining the appropriate permit from the California Department of Housing and Community Development ("HCD") to operate farmworker housing, and annually thereafter, the applicant shall submit a completed verification form to the Director describing the farmworker housing; the number of units, spaces, or beds; the number and employment status of its occupants; any other employment information of the occupants required by the Director; and proof that the HCD permit for the farmworker housing is current and valid.

G.

Development Standards.

1.

Setbacks. Notwithstanding any setback standards required by the zone, all farmworker housing shall be located a minimum of 75 feet from any barn, pen, or other structure that houses livestock or poultry, and a minimum of 50 feet from any other agricultural use, as described in Section 1140.4(a) of the California Labor Code.

2.

Floor Area. Notwithstanding any floor area standards required by the zone, farmworker housing complexes that consist of group living quarters, such as barracks or a bunkhouse, shall have a minimum floor area of 50 square feet per occupant for sleeping purposes.

H.

Covenant and Agreement. Within 30 days after approval of an application for farmworker housing, the applicant shall record with the Registrar-Recorder/County Clerk a covenant running with the land for the benefit of the County, declaring that the farmworker housing will continuously be maintained as such in accordance with this Section and also that:

1.

The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permits from HCD pursuant to the regulations of the Employee Housing Act;

2.

The improvements required by the Fire Department and the Departments of Public Health, Public Works, and Regional Planning related to the farmworker housing shall be constructed or installed, and continuously maintained by the applicant;

3.

The applicant will submit the annual verification form to the Director as required by Subsection F.6, above; and

4.

Any violation of the covenant and agreement required by this Section shall be subject to Chapter 22.242 (Enforcement Procedures).

(Ord. 2021-0010 § 32, 2021; Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to grading projects, both on-site and off-site, in all zones where permitted, except that Zone O-S shall comply with Subsection D, below.

B.

Grading Projects, On-Site. On-site grading projects are subject to the following requirements:

1.

Grading Permit. In addition to the permit specified in Division 3 (Zones), a grading permit is also required for any grading project, as provided in Title 26 (Building Code) of the County Code.

2.

Exemption. An application is not required for any project where the Commission or Hearing Officer has considered a grading proposal as indicated by approval of an environmental document incorporating consideration of such grading project.

C.

Grading Projects with Off-Site Transport. Off-site transport grading projects, as defined in Section 22.14.070 of Division 2 (Definitions), under "Grading project, off-site transport", are subject to the following requirements:

1.

Grading Permit. In addition to the permit or review specified in Division 3 (Zones), a grading permit is also required for any grading project, as provided in Title 26 (Building Code) of the County Code.

2.

Exemptions. An application shall not be required when the grading project with off-site transport is related to public construction, including grading for:

a.

Any work of construction or repair by the County or any district of which the Board is ex-officio the governing body;

b.

Construction or repair by the County or such district performed by force account; or

c.

Construction, maintenance, or repair of any "State Water Facilities" as defined in Section 12934 of the California Water Code.

3.

Hauling Route. All hauling as approved under this Section shall be restricted to a route approved by the Director of Public Works.

4.

Compliance with Other Regulations. Compliance shall be made with all applicable requirements of other County departments and other government agencies.

5.

Suspension. If any condition of this Section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.

D.

Grading Projects in Zone O-S.

1.

Application Requirements.

a.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for any grading, excavation, or fill that does not exceed 500 cubic yards of material where necessary to prepare a site, except as provided in Section 7003 of Title 26 (Building Code) of the County Code. Any grading projects proposed on a lot located within a Significant Ecological Area shall be reviewed by the SEATAC, and recommendations shall be sent to the Director prior to approval; or

b.

Conditional Use Permit. A Conditional Use Permit (Chapter 22.158) application is required for any grading, excavation, or fill that exceeds 500 cubic yards of material and any proposal shall be reviewed by SEATAC prior to public hearing.

2.

Grading Permit. A grading permit is also required for any grading project, as provided in Title 26 (Building Code) of the County Code.

3.

Additional Findings. When a Conditional Use Permit is required, additional findings shall be made:

a.

The use or structures requested are clearly accessory and subordinate to, will not alter the nature of, and are limited to facilities compatible with the intent and purpose of Zone O-S on the property where proposed.

b.

In a Significant Ecological Area, such placement will not contribute to the detriment of the resources constituting the basis for classification as a Significant Ecological Area.

(Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to guest houses as an accessory use in Zones A-1, A-2, R-A, R-1, R-2, R-3, and R-4.

B.

Maximum Number Permitted. One detached guest house is permitted as accessory to a single-family residence.

C.

Development Standards. Guest houses shall comply with the following standards:

1.

A guest house shall be located on the same lot as a single-family residence and shall be located at least 20 feet away from such residence.

2.

A guest house shall not have a kitchen or kitchen facilities.

3.

A guest house shall not be rented or otherwise used as a separate dwelling.

4.

A guest house shall be only for the use of temporary guests or servants of the occupants of the singlefamily residence.

5.

A guest house shall not be established on a lot having less than one and one-half times the required area, except that the guest house may be established on any lot containing 10,000 square feet or more.

D.

Prohibitions.

1.

A guest house attached to a single-family residence is prohibited.

2.

A guest house is not permitted where an accessory dwelling unit exists on the lot.

3.

A guest house is not permitted on a compact lot.

(Ord. 2020-0032 § 30, 2020; Ord. 2019-0020 § 15, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to gun dealers in zones C-3, C-M, C-MJ, C-R, C-RU, M-1, M-1.5, M-2, and M-2.5.

B.

Conditional Use Permit. A conditional use permit (Chapter 22.158) application is required for all gun dealers in zones C-3, C-M, C-R, C-RU, M-1, M-1.5, M-2, and M-2.5.

C.

Existing Uses. Gun dealers that were lawfully existing as of January 18, 2024, the effective date of this Section, and are in compliance with Chapter 7.46 (Gun Dealers) of the County Code, may remain in their present condition, subject to the provisions of Chapter 22.172 (Nonconforming Uses, Buildings, and Structures), except that the termination period enumerated in Subsection B.1.e of Section 22.172.050 (Termination Conditions and Time Limits) shall not apply.

D.

Hours of Operation. Hours of operation are limited to 8:00 a.m. to 8:00 p.m.

E.

Business License. Gun dealers shall obtain a business license in accordance with Chapter 7.46 (Gun Dealers) of the County Code.

F.

Prohibited.

1.

The property boundary of a gun dealer shall not be within 1,000 feet of the property boundary of a park, school, library, childcare center, or another gun dealer.

2.

The discharge or firing of any pistol, revolver, rifle, shotgun, firearm, accessory, component, or other device designed, modified, or capable of being used as a weapon so as to expel a projectile on premises for the gun dealer use shall be prohibited.

(Ord. 2023-0060 § 15, 2023.)

22.140.260 - Health Retreats.

A.

Applicability.

This Section applies to health retreats in Zones A-1 and A-2.

2.

For health retreats in Zone R-R, Subsection B, below, shall apply.

B.

Minimum Lot Size. Health retreats shall be located on a lot having an area of not less than two acres.

C.

Number of Persons on Premises. Not more than 10 persons, including staff, patrons, and guests, shall be in residence at such retreat at any one time.

D.

Activities. All activities shall be conducted as part of a live-in healthcare program only; the providing of services for persons maintaining residence for less than 24 hours shall be prohibited.

E.

Screening. All exercise, gymnasium, therapy and similar equipment, and areas used for sunbathing, shall be located within a building or shall be effectively screened so as not to be visible to surrounding property. Such screening shall consist of walls, screening fences, or suitable landscaping. Where the buildings

housing the retreat are visible to surrounding property, all structures shall be compatible with the dwellings and structures in the vicinity.

F.

Transport. All patrons shall be transported to and from the property unless otherwise expressly authorized by the Commission or Hearing Officer.

G.

Signs. No signs shall be permitted in conjunction with such use.

(Ord. 2019-0004 § 1, 2019.)

22.140.270 - Historic Vehicle Collections.

A.

Applicability. This Section applies to historic vehicle collections in Zones A-1, A-2, R-A, R-1, and R-2.

B.

Application Requirements.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for a historic vehicle collection that complies with this Section; or

2.

Conditional Use Permit. A Conditional Use Permit (Chapter 22.158) application is required for a historic vehicle collection that requests a modification to the standards listed in this Section.

C.

Screening. A historic vehicle collection shall be fully screened from off-site public view by means of walls, fences, or landscaping, or any other screening methods acceptable to the Director.

D.

Setback and Required Yards. No portion of a historic vehicle collection shall be located within five feet of any building or structure, with the exception of garages, or within any required yard area.

E.

Maximum Storage Area. The area used to store vehicles shall not exceed 10 percent of the total area of the lot.

F.

Health and Safety. The historic vehicle collection shall be kept or maintained so as not to constitute a health or safety hazard.

G.

Covenant. The applicant shall sign a covenant and agreement indicating that the applicant has read and understands the standards enumerated above and such other conditions that the Director may impose, and will faithfully abide by each and every standard and condition.

(Ord. 2019-0004 § 1, 2019.)

22.140.280 - Holiday and Seasonal Sales.

A.

Applicability. This Section applies to holiday and seasonal sales in all zones where permitted.

B.

Christmas Tree Sales. A lot that proposes to offer Christmas trees for sale shall only conduct the sale between December 1 and December 31 in the same calendar year, both dates inclusive. All structures, facilities, and materials used in conjunction with the sales shall be removed from the premises by December 31 and the lot restored to a neat condition.

(Ord. 2019-0004 § 1, 2019.)

22.140.290 - Home-Based Occupations.

A.

Purpose. Home-based occupations may be established so that a resident may carry on a business activity which is clearly incidental and subordinate to a dwelling unit in a Residential Zone. The establishment of a home-based occupation shall be compatible with the surrounding neighborhood and uses, and shall not adversely change the character of the dwelling unit or detract from the character of the surrounding neighborhood.

B.

Applicability. This Section applies to home-based occupations in Zones A-1, A-2, R-A, R-1, R-2, R-3, R-4, R-5, C-MJ, C-RU, MXD-RU, and MXD.

C.

Development Standards. Home-based occupations shall comply with the following standards:

1.

The home-based occupation shall be demonstrably secondary and incidental to the dwelling unit and shall not change the character and appearance of the dwelling unit.

2.

The home-based occupation shall not generate pedestrian or vehicular traffic in excess of that which is customary for a dwelling unit, or which would have a disruptive effect on the neighborhood.

3.

The home-based occupation shall not be conducted in any attached or unattached structure intended for the parking of automobiles.

4.

The home-based occupation shall not create or cause noise, dust, vibration, odor, gas, fumes, smoke, glare, electrical interferences, hazards, or nuisances. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit. Any noises shall comply with Chapter 12.08 (Noise Ordinance) in Title 12 (Environmental Protection) of the County Code.

5.

Only one home-based occupation is permitted per dwelling unit.

6.

No more than one person not residing on the property may be employed, either for pay or as a volunteer, to work on the property as part of the home-based occupation. One on-site standard sized parking space

shall be provided for such employee or volunteer in addition to other required parking set forth in this Title 22.

7.

Signage, in any form, that indicates, advertises, or otherwise draws attention to the home-based occupation is prohibited.

8.

No stock in trade, inventory, or display of goods or materials shall be kept or maintained on the property, except for incidental storage kept entirely within the dwelling unit.

9.

No mechanical equipment is permitted in connection with the home-based occupation, other than light business machines, such as computers, scanners, facsimile transmitting devices, digital printers, and copying machines.

10.

Activities conducted and equipment or material used shall not change the type of construction of the residential occupancy and shall be subject to all required permits.

11.

The home-based occupation shall not involve the use of commercial vehicles for delivery of materials and products to or from the property in excess of that which is customary for a dwelling unit or which has a disruptive effect on the neighborhood. Such delivery services can include, but are not limited to, mail, express mail, and messenger services. No tractor trailer or similar heavy duty delivery or pickup is permitted in connection with the home-based business.

12.

No more than one client visit or one client vehicle per hour shall be permitted, and only between the hours of 8:00 a.m. to 8:00 p.m., Monday through Friday, in connection with the home-based occupation.

D.

Prohibitions. The following uses are prohibited as home-based occupations as listed in Table 22.140.290-A, below.

(Ord. 2025-0029 § 7, 2025; Ord. 2020-0008 § 51, 2020; Ord. 2019-0020 § 16, 2019; Ord. 2019-0004 § 1, 2019.)

22.140.310 - Hotels in Zone R-4 and R-5.

A.

Applicability. This Section applies to hotels in Zone R-4 and R-5.

B.

Maximum Number of Guest Rooms Permitted.

1.

A maximum of 75 guest rooms per net acre may be permitted if the Commission or Hearing Officer finds that:

a.

The proposed site has frontage on one or more major or secondary highways, parkways, or local streets having a minimum width of 80 feet;

b.

Such highways, parkways, or streets are improved as necessary to carry the kind and quality of traffic to be generated; and

c.

The provisions for access and circulation to adequately accommodate such traffic are provided.

2.

A maximum of 50 guest rooms per net acre may be permitted if the Commission or Hearing Officer finds that the proposed site has frontage on highways, parkways, or local streets having a minimum width of less than 80 feet.

3.

In computing the allowable number of guest rooms, each guest suite shall be considered the equivalent of two guest rooms.

4.

In any case where the Commission or Hearing Officer fails to specify the total number of guest rooms permitted, it shall be deemed to be 50 guest rooms per net acre.

C.

Incidental Businesses. Hotels having not less than 100 guest rooms are permitted to have incidental commercial service concessions in accordance with Section 22.140.090 (Apartment Houses, Incidental Commercial Services), subject to all development standards therein.

D.

Guest Rooms or Suites with Cooking Facilities. Guest rooms and suites where expressly permitted by the Commission or Hearing Officer to have bar sinks or gas, electrical, or water outlets designed or intended to be used for cooking facilities, shall conform to the following standards:

1.

The design of such hotel, including lobbies, service areas, dining and kitchen facilities, elevators, and other features, is intended to be used for transient occupancy as a hotel rather than as dwelling units for permanent occupancy.

2.

At least 90 percent of the guest rooms and suites shall only be rented out to be occupied on a temporary basis by guests staying 30 days or less.

3.

The hotel shall be registered with the Treasurer and Tax Collector as provided by Chapter 4.72 (Transient Occupancy Tax) in Title 4 of the County Code.

4.

In any case where the Commission or Hearing Officer does not specifically approve such bar sinks or gas, electrical or water outlets, they shall be deemed to be prohibited.

(Ord. 2019-0004 § 1, 2019.)

A.

Purpose. This Section facilitates the establishment of, and to ensure the compatibility of, residential and commercial uses within joint live and work units by allowing such uses in certain Commercial Zones, the Rural Zones, and the Mixed Use Development Zone, with appropriate development limitations and standards, and to streamline the permitting procedure for such uses. Joint live and work units may occupy portions of buildings designed for mixed use developments.

B.

Applicability. This Section applies to joint live and work units in Zones C-H, C-1, C-2, C-3, C-M, C-MJ, C- RU, MXD-RU, and MXD.

C.

Application Requirements.

1.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for joint live and work units on lots that:

a.

Meet the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zones C-H, C-1, C-2, C-3, and C-MJ;

b.

Are outside of the prohibited areas specified in Note 14 of Table 22.24.030-B (Principal Use Regulations for Rural Zones) in Zones C-RU and MXD-RU; or

c.

Are in Zone MXD.

2.

Conditional Use Permit. A Conditional Use Permit (Chapter 22.158) application is required for joint live and work units on lots that:

a.

Do not meet the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zones C-H, C-1, C-2, C-3, and C-MJ; or

b.

Are in Zone C-M.

3.

Modification.

a.

Except as otherwise specified, the requirements in this Section may be modified upon approval of a Conditional Use Permit (Chapter 22.158) application.

b.

Notwithstanding Subsection C.3.a, above, in Zones C-H, C-1, C-2, C-3, C-MJ, and MXD, the development standards specified in Subsection G, below, may be waived, reduced, or modified in accordance with Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing), subject to an Administrative Housing Permit (Section 22.166.040), in which case Subsection C.1, above, also applies.

D.

County Agency Review. All joint live and work units that require approval by Public Works shall first be referred to the Department for review and approval to ensure that the use exceptions specified in this Section are properly evaluated.

E.

Reserved.

F.

Permitted Uses. Notwithstanding the uses otherwise permitted in the zone, the commercial component of the joint live and work units shall only include:

1.

The following uses as listed in Table 22.140.320-A, below.

2.

In Zone C-M, in addition to the uses specified in Table 22.140.320-A, above, the following assembly and manufacture uses involving previously prepared materials, and excluding the use of drop hammers, automatic screw machines, punch presses exceeding five tons capacity, and motors exceeding one horsepower capacity that are used to operate lathes, drill presses, grinders, or metal cutters, are permitted provided that all activities are conducted within an enclosed building, as listed in Table 22.140.320-B, below.

TABLE 22.140.320-B: ADDITIONAL PERMITTED USES IN ZONE C-M

G.

Development Standards.

General Standards. All joint live and work units shall conform to the following development standards:

a.

Minimum Unit Size. The minimum size of a joint live and work unit shall be 1,000 square feet.

b.

Minimum Working Space Floor Area. The minimum floor area for working space shall be 250 square feet.

c.

For a multi-story joint live and work unit that is located partially on the ground floor, the working space shall be located on the ground floor.

d.

Where a ground-floor joint live and work unit fronts upon a street or highway, the working space shall be oriented to the street or highway.

e.

The joint live and work unit shall have at least one shared external entrance/exit for the working space and the living space.

f.

There shall be direct access between the living space and working space.

2.

Zone Specific Development Standards.

a.

Zones C-H, C-1, C-2, C-3, and C-M. Section 22.140.350.A.6 (Development Standards) shall apply to joint live and work units in Zones C-H, C-1, C-2, C-3, and C-M.

b.

Zone C-MJ. Section 22.140.350.B.4 (Development Standards for Mixed Use Developments) shall apply to joint live and work units in Zone C-MJ.

c.

Zone MXD. Section 22.26.030.D (Development Standards) shall apply to joint live and work units in Zone MXD. Modifications of development standards in Section 22.26.030.D are subject to Section 22.26.030.E (Modifications of Development Standards).

H.

Performance Standards.

1.

General Standards. All joint live and work units shall conform to the following performance standards:

a.

At least one resident of the living space shall perform or oversee the commercial activity performed in the working space.

b.

The living and working spaces within a joint live and work unit shall not be rented, leased, or sold separately.

c.

The maximum number of employees who do not reside within a joint live and work unit is two.

2.

Zone Specific Development Standards.

a.

Zones C-H, C-1, C-2, C-3, and C-M. Section 22.140.350.A.7 (Performance Standards) shall apply to joint live and work units in Zones C-H, C-1, C-2, C-3, and C-M.

b.

Zone C-MJ. Section 22.140.350.B.5 (Performance Standards for Mixed Use Developments) shall apply to joint live and work units in Zone C-MJ.

c.

Zone MXD. Section 22.26.030.F (Performance Standards) shall apply to joint live and work units in Zone MXD.

I.

Covenant and Agreement. The applicant shall record with the Registrar-Recorder/County Clerk, an agreement that the joint live and work units will be maintained in accordance with this Section as a covenant running with the land for the benefit of the County, and the covenant shall also declare that any violation thereof shall be subject to Chapter 22.242 (Enforcement Procedures).

(Ord. 2021-0010 § 33, 2021; Ord. 2019-0053 § 22, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Purpose. This Section regulates accessory live entertainment to ensure land use compatibility and prevent adverse impacts on adjacent uses.

B.

Applicability. Live entertainment may be permitted as an accessory use in a legally existing bar, cocktail lounge, or restaurant having an occupancy load of less than 200 persons and located within an enclosed building in all zones where bars, cocktail lounges, or restaurants are permitted, and the building is in compliance with Subsection E, below.

C.

Prohibition. Accessory live entertainment shall not be permitted if:

1.

The principal use is a nonconforming use in the zone where it is located; or

2.

The principal use is legally operating pursuant to a Variance (Chapter 22.194) or in a building nonconforming due to standards as specified in Subsection E, below, unless and until the principal use is in compliance with these standards.

D.

Application Requirements.

1.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for accessory live entertainment when all of the requirements in Subsection E, below, have or can be met; or

2.

Conditional Use Permit.

a.

A Conditional Use Permit (Chapter 22.158) application is required for accessory live entertainment when any of the requirements in Subsection E, below, have not or cannot be met.

b.

This application shall not be construed to authorize the modification of development standards required for the establishment of such bar, cocktail lounge, or restaurant, unless a Variance (Chapter 22.194) application is granted.

E.

Development Standards.

1.

Parking. Automobile parking shall be developed as follows:

a.

Parking for the principal use shall comply with all of the requirements in Chapter 22.112 (Parking).

b.

Access and egress to such parking shall be located so as to reduce or eliminate the impact of traffic on residential development in the immediate area.

(Ord. 2019-0004 § 1, 2019.)

22.140.340 - Manufacturing as an Accessory Use in Commercial Zones.

A.

Applicability.

1.

This Section applies to manufacturing as an accessory use in Zones C-3, C-M, and C-R and to retail laundries in Zones C-3 and C-MJ.

2.

This Section shall not apply to manufacturing as a principal use as permitted in Zone C-M by Chapter 22.20 (Commercial Zones).

B.

Uses Allowed. Manufacturing as an accessory use shall include processing, packaging, treating, and incidental storage related to and operated in conjunction with and accessory to a business conducted on the same lot.

C.

Location.

1.

Activities shall be restricted to the ground floor of the building and shall not occupy more than 25 percent of said ground floor area.

2.

Any such activities shall be conducted wholly within a completely enclosed building.

D.

Employees. Not more than five employees shall be engaged in such activities.

E.

Appearance. A commercial appearance shall be maintained by office or window display space, or both, across all the street or highway frontage of the building, except doorways, to a depth of not less than two feet.

F.

Setbacks. Any portion of the building devoted to such activities shall be not nearer than 50 feet to any Agricultural or Residential Zone.

G.

Performance Standards. All noise, vibration, dust, odor, and all other objectionable factors will be confined or reduced to the extent that no annoyance or injury will result to persons or property in the vicinity.

H.

Interpretation. Where a conflict in interpretation occurs regarding application of any provision of this Section, the Director shall make such determination.

(Ord. 2019-0004 § 1, 2019.)

22.140.350 - Mixed Use Developments in Commercial Zones.

A.

Mixed Use Development in Zones C-H, C-1, C-2, C-3, and C-M.

1.

Purpose. This Subsection A facilitates the establishment of and ensures the compatibility of residential and commercial uses within mixed use developments by allowing such uses in certain Commercial Zones with appropriate development limitations and standards, and to streamline the permitting procedure for such uses. Joint live and work units may occupy portions of buildings designed for mixed use developments.

2.

Applicability. In addition to the requirements of Section 22.140.520 (Residential Design Standards), this Subsection A applies to mixed use developments in Zones C-H, C-1, C-2, C-3, and C-M.

3.

Application Requirements.

a.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for mixed use developments on lots that meet the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zones C-H, C-1, C-2, and C-3;

b.

Conditional Use Permit. A Conditional Use Permit (Chapter 22.158) application is required for mixed use developments on lots that:

i.

Do not meet the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zones C-H, C-1, C-2, and C-3; or

ii.

Are in Zone C-M; or

c.

Modification.

i.

The requirements in this Subsection A may be modified upon approval of a Conditional Use Permit (Chapter 22.158) application.

ii.

Notwithstanding Subsection A.3.c.i, above, the development standards specified in Subsection A.6, below, may be waived, reduced, or modified in accordance with Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing), subject to an Administrative Housing Permit (Section 22.166.040), in which case Subsection A.3.a, above, also applies if the mixed use development is on a lot that meets the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zones C-H, C-1, C-2, and C-3.

4.

Prohibited Uses. Notwithstanding the uses otherwise permitted in the zone, the following uses are prohibited in the commercial component of a mixed use development, as listed in Table 22.140.350-A, below.

TABLE 22.140.350-A: PROHIBITED USES Animal-Related Uses Dog training schools Cultural, Educational, and Institutional Uses Lodge halls Recreational Uses

5.

Development Standards. The following development standards shall apply:

a.

Minimum Floor Area for Residential Use. At least two-thirds of the square footage of the mixed use development shall be designated for residential use. For the purpose of this Subsection A.6.a:

i.

The two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities to gross development building square footage for an unrelated commercial use;

ii.

"Related facilities" means any manager's units and any and all common area spaces that are included within the physical boundaries of the housing development, including, but not limited to, common area space, walkways, balconies, patios, clubhouse space, meeting rooms, laundry facilities, and parking areas that are exclusively available to residential users, except any portions of the overall development that are specifically commercial space; and

iii.

Additional density, floor area, or units granted pursuant to Chapter 22.120 (Density Bonus) are excluded from this calculation.

b.

Vertical Mixed Use. Where the commercial and residential uses are located in the same building:

i.

With the exception of entrance hallways and joint live and work units, commercial and residential uses shall not be located on the same floor;

ii.

With the exception of joint live and work units and parking areas, the ground floor space shall be devoted solely to commercial uses; and

iii.

Commercial uses may occupy floor spaces above the ground floor, provided that all commercial uses other than joint live and work units are located on the lower level(s) below the residential uses.

c.

Pedestrian Access. Pedestrian access shall be provided as follows:

i.

All street-fronting buildings shall have at least one pedestrian accessible entrance fronting and directly accessible to pedestrians on the street; and

ii.

Pedestrian walkways shall be provided between all buildings on the lot.

d.

Parking and Vehicular Access.

i.

With the exception of fully subterranean parking structures and parking within a non-street-fronting building, parking areas shall be:

(1)

Located in the rear portion of, or behind a street-fronting building, or at the rear of the lot, except that up to 25 percent of required parking may be located along one side of the street-fronting building where an access driveway is provided; and

(2)

Completely screened with walls or landscaping so that the parking areas are not visible from the street or highway that provides frontage, unless the parking areas are located along an access driveway, in which

case walls or landscaping may be placed only if they do not impede adequate line of sight to the public right-of-way.

ii.

Commercial and residential parking spaces shall be provided in compliance with Chapter 22.112 (Parking).

iii.

On a corner lot or reversed corner lot, vehicular access shall be provided from the side street.

e.

Loading Areas.

i.

Loading areas shall comply with the standards of Section 22.112.120 (Loading Spaces).

ii.

Loading areas shall be located:

(1)

Away from primary pedestrian ingress and egress areas by at least 20 feet; and

(2)

Toward the rear of the building and shall not be visible from the street or highway.

f.

Trash/Recycling.

i.

Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are accessible to both the residential and commercial uses.

ii.

The trash enclosures for refuse and recycling bins shall be:

(1)

Located within parking structures, at the rear or side of buildings, or between buildings, and shall not be between a building and a street or highway;

(2)

Located not farther than 150 feet from the building;

(3)

Not placed in any public right-of-way; and

(4)

Screened by solid masonry walls between five and six feet in height, if located outside.

g.

Mechanical Equipment. Mechanical equipment shall be completely screened from view through the use of walls or landscaping.

h.

Required Interior Side and Rear Yards. Interior side and rear yards abutting lots zoned Residential or Agricultural shall have the minimum depths as follows:

i.

In Zones C-H, C-1, and C-2:

(1)

Interior side yard: five feet.

(2)

Rear yard: 15 feet.

ii.

In Zones C-3 and C-M:

(1)

Interior side yard: five feet where no building exceeds two stories in height; or five feet plus one foot for each story that exceeds two stories, except the maximum required side yard depth is 16 feet.

(2)

Rear yard: 15 feet.

6.

Performance Standards. The following performance standards shall apply:

a.

Hours of Operation. The hours of operation for commercial uses shall be no earlier than 7:00 a.m., and no later than 10:00 p.m., daily.

b.

Operating Activities Prohibited. The following operating activities shall be prohibited:

i.

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use; and

ii.

Welding, machining, or open flame work.

7.

Covenant and Agreement. The applicant shall record with the Registrar-Recorder/County Clerk, an agreement that the mixed use developments will be maintained in accordance with this Section as a covenant running with the land for the benefit of the County, and the covenant shall also declare that any violation thereof shall be subject to Enforcement Procedures (Chapter 22.242).

B.

Mixed Use Development in Zone C-MJ.

1.

Applicability. In addition to the requirements of Section 22.140.520 (Residential Design Standards), this Subsection B applies to mixed use developments in Zone C-MJ.

2.

Application Requirements:

a.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for mixed use developments on lots that meet the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zone C-MJ;

b.

Conditional Use Permit. A Conditional Use Permit (Chapter 22.158) application is required for mixed use developments on lots that do not meet the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zone C-MJ; or

c.

Modification.

i.

The requirements in this Subsection B may be modified upon approval of a Conditional Use Permit (Chapter 22.158) application.

ii.

Notwithstanding Subsection B.2.c.i, above, the development standards specified in Subsection B.4, below, may be waived, reduced, or modified in accordance with Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing), subject to an Administrative Housing Permit (Section 22.166.040), in which case Subsection B.2.a, above, also applies if the mixed use development is on a lot that meets the locational criteria specified in Note 18 of Table 22.20.030-B (Principal Use Regulations for Commercial Zones) in Zone C-MJ.

3.

Prohibited Uses. Subsection A.5 (Prohibited Uses), above, shall apply to mixed use developments in Zone C-MJ.

4.

Development Standards for Mixed Use Developments. The following development standards shall apply:

a.

Subsection A.6.a (Minimum Floor Area for Residential Use), above, shall apply to mixed use developments in Zone C-MJ.

b.

Recreational Spaces for Mixed Use Developments.

3.

Prohibited Uses. Subsection A.5 (Prohibited Uses), above, shall apply to mixed use developments in Zone C-MJ.

4.

Development Standards for Mixed Use Developments. The following development standards shall apply:

a.

Subsection A.6.a (Minimum Floor Area for Residential Use), above, shall apply to mixed use developments in Zone C-MJ.

b.

Recreational Spaces for Mixed Use Developments.

i.

Areas Defined.

(1)

Common Recreational Space. Recreational space shall be for the exclusive use of the residents in the development, and may include the following as listed in Table 22.140.360-B, below.

(2)

Private Recreational Space. Recreational space attached to and accessed from, within an individual dwelling unit, and may include an atrium, balcony, patio, porch, or terrace.

(3)

Excluded from Recreational Space. Off-street parking and loading areas, driveways and other vehicular access areas, service areas, and perimeter landscaping with no more than two feet in width shall not count as useable recreational space.

ii.

Minimum Dimensions. For every dwelling unit in a mixed use development, a minimum of 100 square feet for private and commercial recreational space shall be provided and maintained. Landscaping required for the development may count towards this requirement as long as the landscaping is usable recreational space.

iii.

Additional Standards for Common Recreational Space.

(1)

Accessibility. Common recreational space shall be located on the same property as the units it serves, and shall be available exclusively for the use of all residents of the development.

(2)

Roof Top Common Recreational Space. Where a roof top is used for common recreational space, the roof top shall incorporate landscaping, decorative paving materials, and recreational amenities of the type listed in Subsection B.4.b.i.(1), above. Mechanical equipment storage areas on roof tops shall not be counted towards recreational space.

c.

Other Residential Amenities for Mixed Use Developments. Any development that includes dwelling units shall provide adequate private or common laundry facilities that are reserved for the exclusive use of the residents residing in the development.

d.

Loading. Off-street loading areas shall be located towards the rear of the structures, where feasible, and shall not be visible from the street.

5.

Performance Standards for Mixed Use Developments. The following performance standards shall apply:

a.

Hours of Operation. The hours of operation for commercial uses shall be no earlier than 6:00 a.m., and no later than 12:00 a.m., daily.

b.

Loading. Loading, unloading, and all maintenance activities shall be conducted within the hours of operation noted in Subsection B.5.a, above, and in such fashion to prevent annoyance to adjacent residents and tenants.

c.

Noise. Noise shall be controlled in such a manner so as not to create a nuisance or hazard on any adjacent property.

d.

Operating Activities Prohibited. The following operating activities shall be prohibited:

i.

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use; and

ii.

Welding, machining, or open flame work.

(Ord. 2024-0049 § 21, 2024; Ord. 2024-0036 § 13, 2024; Ord. 2022-0023 § 30, 2022; Ord. 2021-0010 § 34,

2021; Ord. 2019-0053 § 23, 2019; Ord. 2019-0004 § 1, 2019.)

22.140.360 - Mixed Use Developments in Zone MXD-RU.

A.

General. In addition to the requirements of Section 22.140.520 (Residential Design Standards), this Section applies to mixed use developments in Zone MXD-RU.

1.

In Zone MXD-RU, as part of a mixed use development that includes a commercial component, residential uses shall be permitted as listed in Section 22.24.030 (Land Use Regulations for Rural Zones) for "mixed use developments, vertical or horizontal," subject to the development standards set forth in Section 22.24.040 (Development Standards for Rural Zones) and this Section.

2.

The conversion of any mixed use development to an exclusively residential use shall be prohibited.

B.

Development Standards.

1.

Vertical Mixed Use Developments. The following development standards shall apply to vertical mixed use developments in Zone MXD-RU:

a.

Parking.

i.

With the exception of fully subterranean parking structures, all parking areas shall:

(1)

Be located in the rear of the structure; and

(2)

Be completely screened with walls or landscaping so that they are not visible from the street that provides frontage, except that views of parking areas down or along access driveways need not be screened.

ii.

Commercial and residential parking spaces shall be provided in compliance with Chapter 22.112 (Parking).

b.

Loading/Unloading. Off-street loading areas shall be located toward the rear of the building and shall not be visible from the street.

c.

Trash/Recycling. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are accessible to both the residential and commercial uses. The trash enclosures shall be located toward the rear of the building and shall not be visible from the street.

d.

Mixed Use Development Type.

i.

With the exception of entrance hallways and joint live and work units, commercial and residential uses shall not be located on the same floor.

ii.

With the exception of joint live and work units, the ground floor space shall be devoted solely to commercial uses.

iii.

With the exception of joint live and work units, all floor space above the ground floor shall be devoted solely to residential uses.

2.

Horizontal Mixed Use Developments. The following development standards shall apply to horizontal mixed use developments in Zone MXD-RU :

a.

Maintain a minimum distance of 10 feet between any residential building established on the same lot, unless otherwise approved with a Conditional Use Permit (Chapter 22.158), notwithstanding the provisions of Section 22.110.050 (Distance Between Buildings); and

b.

Provide separate vehicular access for commercial and residential uses.

C.

Performance Standards. The performance standards set forth in Section 22.140.350.A.7 (Performance Standards) shall apply to all mixed use developments in Zone MXD-RU.

D.

Covenant and Agreement. The requirement of a covenant and agreement set forth in Section 22.140.350.A.8 (Covenant and Agreement) shall apply to all mixed use developments in Zone MXD-RU.

E.

Prohibited Uses. For any commercial component of a mixed use development in Zone MXD-RU, in addition to prohibited uses for commercial components of mixed use developments in Section 22.140.350.A.5 (Prohibited Uses), the uses listed in Table 22.140.360-A shall be prohibited:

(Ord. 2024-0049 § 22, 2024; Ord. 2024-0036 § 14, 2024; Ord. 2022-0023 § 31, 2022; Ord. 2021-0010 § 35, 2021; Ord. 2019-0053 § 24, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to mobilehome parks in all zones where permitted.

B.

Application requirements. A Conditional Use Permit (Chapter 22.158) is required to establish, maintain, or expand a mobilehome park.

C.

Modification. The requirements of this Section may be modified by either of the following:

The Commission or Hearing Officer, in granting the Conditional Use Permit (Chapter 22.158), may impose additional conditions or modify the requirements of Subsection E, below; or

2.

The requirements of Subsection D.1 and Subsection E, below, may be modified, waived, or reduced in accordance with Chapter 22.120 (Density Bonus), subject to a Housing Permit (Chapter 22.166).

D.

Density.

1.

The total number of dwelling units within a mobilehome park shall not exceed the maximum density, pursuant to Section 22.02.050.B.2 (Maximum) or Section 22.06.020 (Suffixes to Zoning Symbols).

2.

In those zones or General Plan categories where residential densities have not been established, the density shall be established by the Commission or Hearing Officer.

E.

Development Standards.

1.

Access and Circulation. At least two access points to a public street or highway from the mobilehome park shall be provided, which can be used by emergency vehicles.

2.

Screening. Public street frontages of a new mobilehome park shall be screened to a height between five feet and eight feet with a wall, a decorative fence, an opaque hedge of shrubs or trees, or a landscaped berm. Such screening shall be tapered to less than five feet, where needed, to provide unobstructed visibility for motorists.

3.

Signs.

a.

Signs shall be subject to the provisions of Chapter 22.114 (Signs), except that in lieu of business signs, standards as listed in that Chapter, a mobilehome park may only display the following signs:

i.

One wall-mounted or freestanding sign not exceeding 20 square feet in sign area, or 40 square feet in total sign area, to identify the mobilehome park may be located at each principal entrance.

ii.

One freestanding sign, not exceeding six square feet in sign area or 12 feet in total sign area, advertising property for sale, lease, or rent, or indicating vacancy status, may be located at each principal entrance.

iii.

Temporary subdivision sales, entry, and special feature signs shall be allowed, as specified in Section 22.114.180 (Temporary Subdivision and Real Estate Signs).

iv.

A directional or informational sign indicating the location of each residence by number shall be located at each principal entrance and at other appropriate locations for use by emergency vehicles, as well as the convenience of guests. The size, location, and number of such signs shall be established by the Commission or Hearing Officer.

b.

No source of illumination for any signs shall be directly visible from adjoining streets or residential property, and no such signs shall be erected within five feet of any exterior property line.

F.

Local Park Space Obligations. Local park space shall be provided to serve the mobilehome park, or a fee shall be paid in lieu thereof, as required for subdivisions by Title 21 (Subdivisions) of the County Code.

G.

Fire Protection. Notwithstanding any provision of State law, the Commission or Hearing Officer may require amenities or conditions in accordance with Title 32 (Fire Code) of the County Code, that the Fire Department deems necessary to protect life and property, including but not limited to fire hydrant systems, water supply, fire equipment access, posting of fire equipment access, parking lot identification, weed abatement, debris abatement, combustible storage abatement, and burglar bars.

H.

Prohibitions.

1.

A mobilehome park shall have no conventionally constructed or stud-framed residences or apartment houses, other than one dwelling unit for the use of a caretaker or manager responsible for maintaining or operating the property.

2.

here shall be no commercial uses, except those uses approved by the Commission or Hearing Officer.

I.

Repair. Notwithstanding the provisions of Subsection 22.172.020.G (Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use or Standards), a mobilehome park may be repaired as follows:

1.

A damaged or destroyed mobilehome park may replace legally established structures as a like-for-like replacement, and shall not exceed the area or number of dwellings that were damaged or destroyed;

2.

Where a previous entitlement(s) that established the mobilehome park remains valid and in full effect at the time of damage, the rebuilt park shall comply with any previous conditions of approval;

3.

Where the mobilehome park does not have a previous entitlement(s) that is valid and in full effect at the time of damage, the mobilehome park shall obtain a valid Conditional Use Permit prior to reconstruction.

J.

Maintenance. Notwithstanding Section 22.172.020.H (Maintenance of Buildings or Structures Nonconforming Due to Use), maintenance and routine repair is permitted in a mobilehome park as follows:

1.

Where the mobilehome park is within the grant term of a valid Conditional Use Permit or Nonconforming Use and Structure Review, maintenance and routine repair shall be subject to the conditions of such entitlement.

2.

Where the mobilehome park is nonconforming due to use and within its amortization period, maintenance and routine repair is permitted, provided that such maintenance and routine repair does not involve any alteration, enlargement, or addition to any building or structure; increase in occupant load; or any enlargement of area, space, or volume occupied by or devoted to such use.

3.

Where the mobilehome park is nonconforming due to use, its amortization period has ended, and it does not have a valid Conditional Use Permit or Nonconforming Use and Structure Review, maintenance and routine repair is subject to the approval of a Conditional Use Permit (Chapter 22.158) application.

K.

Waiver of Time Limits. When a mobilehome park, which has been constituted of only rental spaces, has completed a conversion to 51 percent owner-occupancy, all time limits established by the original permit may be waived at the request of the property owner, upon notification and presentation of evidence to the satisfaction of the Director.

(Ord. 2023-0038 § 11, 2023; Ord. 2021-0018 § 13, 2021; Ord. 2021-0010 § 36, 2021; Ord. 2019-0053 § 25, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to mobilehomes used as a residence during construction, as a temporary use, in all zones where permitted.

B.

Time Limitation. A mobilehome may be used as a temporary residence for the owner and his family during the construction by such owner of a permanent residence, but only while a building permit for the construction of such residence is in full force and effect.

C.

Density and Size. The mobilehome shall contain only one dwelling unit not to exceed 12 feet in width and shall have no structural attachments.

D.

Removal. The mobilehome shall be removed from the site prior to the end of the date listed in the approved application.

(Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to model homes in Zones A-1, A-2, R-A, R-1, R-2, R-3, R-4, and R-5.

B.

Development Standards.

1.

Model homes shall be established on an approved lot in a tentative tract that has been filed and approved by the Commission or Hearing Officer.

2.

Model homes may be used in conjunction with an approved temporary tract office but not a general real estate business.

3.

Any structure used for such purpose at the end of two years shall either be removed or restored for a use permitted in the zone where located, except that the Director may, upon a showing of need by the owner of the property, extend the permitted time beyond two years.

(Ord. 2019-0004 § 1, 2019.)

22.140.400 - Oil Wells and Production Facilities.

A.

Applicability.

1.

This Section applies to oil wells and production facilities in all zones.

2.

New oil wells and production facilities are prohibited in all zones.

3.

In accordance with Section 22.172 (Nonconforming Uses, Buildings and Structures), existing, legally established oil wells, or production facilities lawfully operating without an approved Conditional Use Permit or other discretionary permit, are nonconforming due to use on the effective date of this Section.

4.

This Section shall not apply to:

a.

Underground gas storage projects, as defined by Title 14, section 1726.1(a)(6) of the California Code of Regulations; and

b.

Where accessory to an underground gas storage project:

i.

Injection wells, as defined by Title 14, section 1720.1(f) of the California Code of Regulations; and

ii.

Active observation wells, as defined in section 3008(c) of the California Public Resources Code.

B.

Definitions. Specific terms used in this Section are defined in Section 22.14.150 of Division 2 (Definitions), under "Oil wells and production facilities."

C.

Signs.

1.

Notwithstanding Chapter 22.114 (Signs), the following signs shall be provided:

a.

Site Identification Signs.

i.

Where oil wells or production facilities are the sole use on a lot, signs shall be required at each entrance to the lot. Such signs shall:

(1)

Provide the information required in Subsection C.1.a.iii, below, in lettering not less than two inches in height.

(2)

Comply with Section 22.114.190 (Directional or Informational Signs) requirements for directional or informational signs for Zone C-1.

(3)

Be placed in a location so that the sign is clearly readable to a person on a public street or highway.

ii.

Where oil wells or production facilities are on a lot with another primary use and such oil wells or production facilities have individual perimeter fencing, an identification sign shall be required on each fenced area in a place clearly readable to a person passing by and shall provide the information required by Subsection C.1.a.iii, below.

iii.

Each site identification sign shall provide the name of the operator, the name of the lease, the telephone number of the operator, the telephone number of the Department of Regional Planning Land Use Regulation Division, and the telephone number of the South Coast Air Quality Management District for odor complaints.

b.

Well Identification Signs. Each well shall have an identification sign that provides the name of the operator, name of the lease, the lease number of the well, and the API (American Petroleum Institute) number of the well.

c.

The Director may approve existing identification signs if they substantially comply with the intent of this Subsection C.

2.

Signs shall not be constructed, erected, maintained, or placed on the property, except those required by federal, State, or local regulations to be displayed in connection with the drilling or maintenance of the well.

3.

All signs required by federal, State, or local regulations shall be properly posted and maintained in good condition, clearly visible and not obstructed from view.

D.

Comment and Complaint Log.

1.

The operator shall maintain a written log of all calls and emails registering comments or complaints regarding site operations. The log shall include the date, time, nature of the comment or complaint, and the response or resolution offered.

2.

The operator shall respond to each call or email comment or complaint within 24 hours or the next business day, as applicable, with an update on the operator's actions to address the comment or complaint.

3.

A copy of the log shall be provided to the Director upon request.

E.

Site Maintenance.

1.

All structures, fences, walls, signs, and landscaping shall be maintained in a neat and orderly fashion where visible from the public right-of-way.

2.

All structures, fences, walls, and signs that are visible from the public right-of-way shall remain free of graffiti. If graffiti occurs, the operator shall remove such graffiti within 24 hours, weather permitting. Paint used to cover such graffiti shall be of a color that matches, as closely as possible, the color of the adjacent surfaces.

3.

All structures, fences, walls, signs, and equipment shall be maintained free of rust, oil, and stains.

4.

The site shall be kept free of debris, trash, and pools of oil, water, or other liquids. The area within 25 feet of any oil well or production facility shall be kept free of dry weeds, brush, or other combustible material.

5.

Any equipment used to repair, clean out, plug and abandon, or for any other work on an existing well, shall be removed within 90 days after completion of such activities.

6.

Restoration Upon Abandonment. Within 90 days after the abandonment of any well, the well site shall be restored as nearly as practicable to its original condition.

F.

Bonds.

1.

The operator shall file with the Board an indemnity bond for each site in the amount specified by the Director. The Director shall determine the bond amount based on the site and existing operations, including the total number of wells, operations, size, and nature of the operations on the property, and other relevant conditions related to the existing site operations. The amount of the bond shall be not less than $152,000 per well.

2.

Such bonds shall be executed in favor of the County to cover the costs in the event of a failure of the operator to perform any proper oil well operating actions, such as actions taken to ensure the operation of wells and production facilities in accordance with all federal, State, and local regulations; the completion of plugging and abandonment of each oil well on the site, the reabandonment of any oil well on the site where directed by CalGEM, remediation of contamination of the property, and site remediation, to the extent not fully covered by CalGEM bonds, if any such work was performed by the County.

3.

Such bonds shall include the County as an obligee. All bonds shall be duly executed by a solvent surety company that is authorized by the State of California, is listed in the United States Department of the Treasury's Listing of Approved Sureties, and is satisfactory to the County.

4.

The operator shall also file a written agreement with the Board that the County may satisfy, either in whole or in part, from such bonds described in this Subsection F, any final judgment, the payment of which has

been guaranteed by such bonds.

5.

Such bonds may be reassessed by the Director not more than once every five years to ensure the amount is sufficient to ensure coverage as specified in this Subsection F.

6.

After all wells have been plugged and abandoned and the lot has been restored consistent with CalGEM requirements and in accordance with this Section, to the satisfaction of the Director, the Director shall release bonds required by this Subsection F.

G.

Well Plugging and Abandonment and Restoration.

1.

All CalGEM requirements shall be fulfilled related to the plugging and abandonment of a well; removal of equipment, trash, and other waste materials; and well site and lease restoration.

2.

All equipment and pipelines which are not necessary for the operation or maintenance of other oil wells or production facilities on the property shall be removed.

3.

The well site or lease area shall be restored so that the site is free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, and debris.

4.

Restoration of the well site shall be completed within 60 days following plugging and abandonment of the well.

5.

When the last oil well on a lot is plugged and abandoned, or the production facility on the lot is removed, restoration of the lot shall begin within three months and be completed within one year after the plugging and abandonment of the last oil well on the lot, unless the CalGEM approves a schedule with a longer timeline for restoration. The lot shall be restored in compliance with all GalGEM requirements and to the satisfaction of the Director.

H.

Schedule for Compliance. Existing oil wells and production facilities shall comply with the requirements in Subsections C through G, in accordance with the following schedule:

Existing oil wells and production facilities shall comply with Subsection E (Site Maintenance) and Subsection G (Well Plugging and Abandonment and Restoration) on the effective date of this Section.

2.

Existing oil wells and production facilities shall comply with Subsection C (Signs) and Subsection D (Comment and Complaint Log) one year from the effective date of this Section.

3.

Existing oil wells and production facilities shall comply with Subsection F (Bonds) two years from the effective date of this Section.

(Ord. 2023-0004 § 16, 2023; Ord. 2019-0004 § 1, 2019.)

22.140.410 - Outdoor Dining.

A.

Applicability. This Section applies to restaurants with outdoor dining in all zones where permitted.

B.

Application Requirements.

1.

Ministerial Site Plan Review. A Ministerial Site Plan Review (Chapter 22.186) application is required for outdoor dining that complies with Subsections C through G, below; or

2.

Conditional Use Permit. A Conditional Use Permit (Chapter 22.158) application is required for outdoor dining and a request to modify the requirements in Subsections C through G, below.

C.

Walls. Where areas are used for outside eating, drinking, or assembly within 75 feet of a Residential or Agricultural Zone, a solid masonry wall between five and six feet in height shall be required along the lot lines adjoining said zones, except that:

1.

Where such wall is located within 10 feet of any alley, street, parkway, or highway and would interfere with the line-of-sight of the driver of a motor vehicle leaving the property on a driveway, or moving past a corner at the intersection of two streets or highways, said wall shall not exceed a height of 42 inches; and

2.

The Director may approve substitution of a decorative fence or wall, where, in his opinion, such fence or wall will adequately comply with the intent in Subsection C.1, above, and any required application findings.

D.

Lighting. Lighting shall be so arranged to prevent glare or direct illumination in any Residential or Agricultural Zone.

E.

Awnings. All awnings shall conform to the requirements in Title 26 (Building Code) of the County Code for roof coverings.

F.

Music. There shall be no amplified sound or music in the outdoor dining area.

G.

Fencing. A 42-inch high wall, fence, or hedge, or a five-foot wide landscaped area shall be established along the outside eating, drinking, and assembly area adjoining any public sidewalk, street, or highway; except where all of the tables and chairs are removed daily.

H.

Additional Standards. All applicable provisions of Title 11 (Health and Safety) of the County Code shall be observed in all areas of the restaurant.

(Ord. 2019-0004 § 1, 2019.)

A.

Applicability. This Section applies to outdoor display in Zones C-H, C-1, C-2, C-3, C-M, C-MJ, C-RU, MXDRU, M-1, M-1.5, M-2, M-2.5, and M-3.

B.

Use Regulations. All sales and displays of goods shall be located entirely within an enclosed building, except for as listed in this Subsection B.

1.

Outdoor display is permitted as listed in Table 22.140.420-A, below.

2.

In Zones C-RU and MXD-RU, outdoor display is permitted provided that no vehicle or equipment is stacked upon each other.

C.

Uses Not Listed. Outdoor display for uses other than those listed in Subsection B, above, may be authorized by a Special Event Permit (Chapter 22.188), where in compliance with Section 22.188.030.B.2.b.

(Ord. 2022-0008 § 96, 2022; Ord. 2019-0004 § 1, 2019.)