Monrovia Municipal Code § 17.44.005 Accessory Dwelling Units and Junior Accessory Dwelling Units

(A) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Cal. Gov't Code §§ 66310 through 66342.

(B) Applicability.

(1) ADUs shall be permitted on lots developed with an existing or proposed single-family dwelling structure or an existing or proposed multi-family dwelling structure in all zoning districts allowing single-family or multi-family development, including mixed-use development with a residential use. JADUs shall be permitted in all zoning districts allowing single-family residences as part of a single-family residence built, or proposed to be built, on the lot.

(2) Any construction, establishment, alteration, enlargement, or modification of an ADU or JADU shall comply with the requirements of this section. In the event of a conflict between this section and applicable state law, state law shall prevail.

(3) The Director, or their designee, shall review and approve, conditionally approve, or deny ministerial permits for ADUs conforming to the provisions of this section and any associated demolition permit within the time limits specified by Cal. Gov't Code §§ 66317 and 66335 or any of their successor provisions.

(C) Definitions.

ACCESSORY DWELLING UNIT OR ADU. As set forth in Cal. Gov't Code § 66313; an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the existing or proposed primary dwelling is or will be situated. An ADU also includes an efficiency unit and a manufactured home.

ACCESSORY DWELLING UNIT, JUNIOR OR JADU. As set forth in Cal. Gov't Code §§ 66313 and 66333; a residential dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-family dwelling structure. A JADU shall include either a kitchen or an efficiency kitchen, as defined in this section, and may include separate bathroom facilities or may share bathroom facilities with the single-family dwelling. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the single-family dwelling, with an interior entry to the main living area of the single-family dwelling.

ACCESSORY STRUCTURE. As set forth in Cal. Gov't Code § 66313; a structure that is accessory and incidental to a dwelling located on the same lot.

ATTACHED ADU. An ADU that is permanently connected, fastened or structurally affixed to the primary dwelling by a shared wall, breezeway, trellis or other structure.

CAR-SHARE VEHICLE. For the purposes of this section, as set forth in Cal. Vehicle Code § 22507.1 and is a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

DETACHED ADU. An ADU that is not permanently connected, fastened or structurally affixed to the primary dwelling and is freestanding.

DEVELOPED LOT, MULTI-FAMILY. For the purposes of this section, a parcel of real property that has one or more multi-family dwelling structure(s).

DEVELOPED LOT, SINGLE-FAMILY. For the purposes of this section, a parcel of real property that has one or more detached single-family dwelling structure(s).

EFFICIENCY KITCHEN. As set forth in Cal. Gov't Code § 66333(f); an area that includes a cooking facility with appliances, sink, food preparation counter and food storage cabinets that are of reasonable size in relation to the size of the JADU.

EFFICIENCY UNIT. For the purposes of this section, as set forth in Cal. Health and Safety Code § 17958.1, and shall be permitted for occupancy by no more than two persons. The efficiency unit shall have a minimum floor area of 150 square feet and may also have a partial kitchen or bathroom facilities.

HIGH-QUALITY TRANSIT CORRIDOR. As set forth in Cal. Public Resources Code § 21155(b); a transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

LIVABLE SPACE. For the purposes of this section, as set forth in Cal. Gov't Code § 66313; a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

LIVING AREA. For the purposes of this section, as set forth in Cal. Gov't Code § 66313; the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

MAJOR TRANSIT STOP. As set forth in Cal. Public Resources Code § 21064.3; a site containing an existing rail or bus rapid transit station or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute hours.

MANUFACTURED HOME. As set forth in Cal. Health and Safety Code § 18007.

MULTI-FAMILY DWELLING STRUCTURE. For the purpose of this section, a primary dwelling with two or more attached dwelling units.

NONCONFORMING ZONING CONDITION. As set forth in Cal. Gov't Code § 66313; a physical improvement on a property that does not conform to current zoning standards.

OBJECTIVE STANDARDS. As set forth in Cal. Gov't Code § 66313; standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

PASSAGEWAY. For the purpose of this section, as set forth in Cal. Gov't Code § 66313; a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

PRIMARY DWELLING. For purposes of this section, an existing or proposed single-family dwelling structure or multi-family dwelling structure on the lot where an ADU or JADU is proposed. Where there is more than one dwelling structure located on a lot, the primary dwelling shall be the dwelling structure that is located closest to the street that provides access to and the address for the lot.

PROPOSED DWELLING. As set forth in Cal. Gov't Code § 66313; a dwelling that is the subject of a permit application and that meets the requirements for permitting.

PUBLIC TRANSIT. For purposes of this section, as set forth in Cal. Gov't Code § 66313; a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(D) Streamlined permit process. On lots with a proposed or existing primary dwelling; the following types of ADU and JADU proposals within areas zoned to allow a single-family residential use, multi-family residential use or mixed use with a residential dwelling shall be permitted ministerially by the issuance of a building permit:

(1) ADUs on a single-family developed lot. Lots developed with one or more existing or proposed single-family dwelling structures shall be permitted to develop ADUs pursuant to both (a) and (b) below:

(a) One converted ADU per lot if all of the following apply:

1. Location. The ADU is within the proposed space of a new single-family dwelling structure or existing space of a single-family dwelling structure or an existing accessory structure that is either attached to or detached from the single-family dwelling structure.

2. Size.

a. The minimum size of the ADU is 150 square feet or as required for an efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

b. There is no maximum size for an ADU that involves the conversion of an existing accessory structure or a portion of an existing or proposed single-family dwelling.

c. If the ADU involves the conversion of an accessory structure, it may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure for purposes of accommodating ingress and egress.

3. Setbacks. The side and rear setbacks are sufficient for fire and safety.

4. Access. The space has separate exterior access from the proposed or existing single-family dwelling.

(b) One detached, new construction ADU if all of the following conditions apply:

1. Size.

a. The minimum size of the ADU is 150 square feet or as required for an efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

b. The maximum size of the ADU is 800 square feet.

2. Setbacks. Minimum side and rear yard setbacks are at least four feet.

3. Height. The ADU shall be no more than 16 feet in height, except as follows: The height limit shall be 18 feet if the ADU is within one-half mile walking distance from a major transit stop or high-quality transit corridor as defined in this section. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of a primary dwelling.

(2) ADUs on a multi-family developed lot. A lot developed with multi-family dwelling structure(s) shall be permitted to develop both (a) and (b) below:

(a) 1. Conversion of existing non-livable space. Each multi-family developed lot shall be allowed to convert non-livable space within existing multi-family dwelling structures into at least one ADU, but in no case shall the number of ADUs exceed 25% of the total number of existing units on the multi-family developed lot.

2. For the purposes of this division, non-livable space includes, but is not limited to, storage rooms, boiler rooms, passageways, attics, basements, and garages. For mixed-use projects, areas used for non-residential uses and parking or storage for non-residential uses may not be converted to ADUs.

(b) Detached ADUs. Detached ADUs on a multi-family developed lot may be in the form of new construction or conversion of an existing detached accessory structure(s) and can either be attached or detached from each other.

1. Quantity.

a. Lots developed with an existing multi-family dwelling structure(s) shall be permitted up to eight ADUs detached from the existing multi-family dwelling structure(s). However, the number of ADUs allowable pursuant to this division shall not exceed the number of existing units on the lot.

b. Lots proposed to be developed with a multi-family dwelling structure(s) shall be permitted up to two ADUs detached from the proposed multi-family dwelling structure(s).

2. Size.

a. The minimum size of an ADU is 150 square feet or as required for an efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

b. There is no maximum size for an ADU that involves the conversion of an existing accessory structure.

3. Setbacks. Side and rear yard setback shall be at least four feet.

4. Height. The ADU shall be no more than 16 feet in height except in the following instances:

a. The height limit shall be 18 feet if the ADU is within one-half mile walking distance from a major transit stop or high-quality transit corridor as defined in this section. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of a primary dwelling.

b. The height limit shall be 18 feet when a detached ADU is on the same lot as an existing or proposed multi-story, multi-family dwelling structure(s).

(3) JADUs.

(a) Single-family developed lot.

1. Location. JADUs shall be contained entirely within an existing or proposed single-family dwelling structure. For purposes of this division, a structure that is attached to a residence, such as an attached garage, is considered a part of the proposed or existing single-family dwelling structure. JADUs are not permitted in detached accessory structures or in a multi-family dwelling structure.

2. Quantity. In addition to the ADUs allowed per § 17.44.005(O)(1), residential lots developed with at least one existing or proposed single-family dwelling structure located in a zoning district permitting single-family residential uses shall be permitted one JADU that complies with the applicable requirements of Cal. Gov't Code §§ 66333 through 66339 and this section.

3. Size.

a. The minimum size of a JADU shall be 150 square feet.

b. The maximum size of a JADU shall be 500 square feet.

4. Required features.

a. JADUs shall have a separate entrance from the main entrance to the proposed or existing single-family dwelling structure.

b. JADUs shall include either a kitchen or an efficiency kitchen.

c. JADUs may include separate bathroom facilities or may share bathroom facilities with the single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the single-family dwelling, with an interior entry to the main living area of the single-family dwelling.

(4) Historic resource. ADUs developed in conformance with this division (D) shall not be subject to the requirements of § 17.40.090.

(E) Alternative local standards for ADUs on any lot with an existing or proposed single-family dwelling structure. As an alternative to the streamlined permit standards identified in § 17.44.005(O), a lot developed with at least one existing or proposed single-family dwelling structure shall be ministerially permitted one ADU through a building permit in conformance with the following alternative local standards:

(1) Location standards; ADUs on a single-family developed lot. A lot developed with single-family dwelling structure(s) shall be permitted to develop one ADU in conformance with either division (E)(1)(a) or (E)(1)(b) below as new construction or as an addition to an existing structure:

(a) Attached ADU. The ADU is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or

(b) Detached ADU. The ADU is detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

(2) Unit size. ADUs shall comply with the following size limits.

(a) Minimum unit size. The minimum size of an ADU is 150 square feet or as required for an efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

(b) ADU maximum unit size.

1. New construction, attached ADU on a single-family developed lot. Maximum size of a newly constructed attached ADU on a single-family developed lot shall not exceed 50% of the single-family dwelling or 1,000 square feet, whichever is less. If the application of this regulation would not permit the construction of an ADU with a maximum area of 800 square feet with four-foot side and rear setbacks that complies with the height standards in § 17.44.005(E)(4), then the maximum size shall be 800 square feet.

2. New construction, detached ADU. Maximum size of a newly constructed detached ADU on a single-family lot shall not exceed 1,000 square feet.

(3) Setbacks. The following setbacks shall apply:

(a) Side and rear setback. Four feet for newly constructed attached and detached ADUs and additions beyond the existing footprint for ADUs created from converted floor area.

(b) Exception. Except as required for fire and safety, no setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU or for an ADU constructed in the same location with the same dimensions as an existing structure that is demolished.

(4) Height. The maximum height of a newly constructed attached or detached ADU shall be as follows:

(a) Attached ADU. ADUs on a single-family developed lot that are attached to the single-family dwelling structure shall be permitted a maximum height of 25 feet or the height limitation as specified in the zoning district, whichever is lower. In no case shall the ADU exceed two stories.

(b) Detached ADUs.

1. ADUs on single-family developed lot that are detached from the primary dwelling shall have a maximum height of 16 feet, except in the following instances:

2. The height limit shall be 18 feet if the detached ADU is on a lot within one-half mile walking distance of a major transit stop or high-quality transit corridor as defined in this section. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of a primary dwelling.

(5) Historic resources. An ADU proposed on a property designated as a national, state, or local historic landmark, as defined in § 17.40.040, or is a contributor within a designated historic district, shall be subject to the following standards:

(a) No ADU shall be approved that will require a change to the street-facing facade of a historic structure designated on either a local, state or federal register of historic resources.

(b) Any changes to the exterior of an historic resource shall exactly match the existing architectural features as provided in § 17.44.005(E)(6)(b).

(c) No ADU shall be approved if it requires the demolition of a historic landmark.

(d) Properties with a valid Mills Act Contract shall be subject to the standards and conditions of that contract.

(6) Design. Newly constructed attached and detached ADUs shall comply with the following objective design standards, except where the application of these standards would not permit the construction of a detached ADU(s) with a maximum area of 800 square feet with four-foot side and rear setbacks that complies with the height standards in § 17.44.005(E)(4):

(a) The maximum floor area shall be as specified in Chapter 17.12 for the underlying zoning district.

(b) The architectural features of the new ADU shall match the architectural features of the primary dwelling on the lot. The ADU features that mirror the primary dwelling shall include the following, if applicable to the primary dwelling:

• 1. Matching exterior siding materials;
• 2. Matching roof pitch and type of roof eave (boxed, open, or closed);
• 3. Matching window proportions and shapes;
• 4. Matching window grilles of the same proportion and shapes; and
• 5. Matching cornices and bay windows when present on the primary dwelling.

(c) Decks and balconies.

1. Decks one foot or more above the existing grade and balconies shall maintain the same setback as the primary dwelling.

2. Rooftop decks shall not be permitted as part of the ADU unless compliant with the underlying zoning standards for the primary dwelling.

3. Upper-floor balconies or decks shall not face interior property lines.

(d) Encroachments. An accessory structure, or covered patio attached to an ADU must comply with the required setbacks of the primary dwelling.

(e) Ground-mounted air conditioning mechanical equipment shall be set back at least four feet from a side property line, with the exception that in the rear yard area equipment may be set back three feet from the side and rear property lines, provided there is sufficient access for fire and safety purposes. Roof-mounted mechanical equipment is not permitted, with the following exceptions:

1. Equipment is entirely screened by building parapet; or

2. Replacement of existing equipment shall be permitted if the equipment is of the same or of lesser dimensions as the existing equipment.

(7) Variance required. The provisions for minor exceptions outlined in § 17.52.110 shall not apply to ADU and JADU development. All deviations from the development standards contained in this section shall require approval of a variance by the Planning Commission as outlined in § 17.52.100.

(F) Standards applicable to all ADUs and JADUs.

(1) Lot size. There shall be no minimum lot size required for the creation of an ADU or JADU.

(2) Parking.

(a) In addition to the on-site parking space(s) required for the primary dwelling, one on-site parking space shall be provided for an ADU, except no additional parking shall be required in the following circumstances:

1. The creation of a JADU.

2. The ADU is developed pursuant to the streamlined permit standards provided in § 17.44.005(D).

3. The ADU is located within one-half mile walking distance of public transit, as defined in this section.

4. The ADU is located within an architecturally and historically significant historic district.

5. The ADU is part of the proposed or existing primary residence or an accessory structure.

6. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant.

7. The ADU is located within one block of a car-share vehicle, as defined in this section.

8. Where an ADU is newly constructed with a maximum area of 800 square feet in size with four-foot side and rear setbacks that complies with the height standards in § 17.44.005(D).

9. When a permit application for an ADU is submitted with a permit application to construct a new single-family dwelling structure or multi-family dwelling structure on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this division.

10. When an ADU is created by converting or demolishing a garage, carport, covered parking structure or uncovered parking space, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.

(b) Required parking spaces may be located in any configuration on the same lot as the ADU, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, and may be located in the front, side, and rear setback areas, subject to the following:

1. Parking may be located on an existing driveway but shall not block sidewalk access or encroach into the public right-of-way.

2. Vehicles must be parked on a paved surface pursuant to Chapter 17.24.

3. Parking in the front yard shall be limited to the driveway. No more than 25% of a front yard shall be dedicated to vehicle parking.

4. Access to on-site parking spaces shall be provided via an approved driveway location only.

5. Parking shall not be permitted in required fire lanes or within an area that is restricted by a recorded access easement in favor of another property.

(3) Building Code. All ADUs and JADUs shall comply with the most recent version of the California Building Code that applies to detached dwellings, as adopted by the city and in effect at the time of submittal of the project to Building Plan Check and as required by Cal. Gov't Code § 66314.

(4) Passageways. Passageways, as defined in this section, to ADUs and JADUs shall not be required.

(5) Interior and exterior access. ADUs and JADUs shall have independent exterior access separate from the access to the primary dwelling. Internal connection to the primary dwelling is not required, except in the case where a JADU shares a bathroom with the primary dwelling.

(6) Fire sprinklers. Pursuant to Cal. Gov't Code §§ 66314(d) and 66323(c), the installation of fire sprinklers shall not be required in an ADU if sprinklers are not required for the primary dwelling. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing multi-family dwelling structure.

(7) Nonconforming conditions. The city shall not deny an ADU or JADU application due to existing, nonconforming zoning conditions, Building Code violations or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.

(G) Operational standards applicable to all ADUs and JADUs.

(1) Short-term rentals. The use of an ADU as a short-term rental shall be prohibited. All rental ADUs shall be rented for 30 consecutive days or more.

(2) No separate conveyance. No ADU may be sold or otherwise conveyed separately from the lot and the primary dwelling except as provided in Cal. Gov't Code §§ 66340 through 66342. No JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling as provided in Cal. Gov't Code § 66333.

(3) Ancillary use. ADUs and JADUs are an ancillary use to the primary residential use on the lot and shall not be considered to exceed the allowable density for the lot.

(4) Owner-occupancy. For JADUs, owner-occupancy is required in the single-family dwelling structure in which the JADU will be permitted. The owner may reside in either the remaining portion of the single-family dwelling structure or the newly created JADU. However, this owner-occupancy requirement shall not apply to any JADU owned by a governmental agency, land trust, or housing organization.

(5) JADU deed restriction and recordation required. For JADUs, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the conditions referenced below in this division on the property, the property owner, and all successors in interest. Proof of recordation of the covenant shall be provided to the city prior to the final inspection and/or the issuance of a certificate of occupancy. The deed restriction document shall include the following provisions:

(a) Prohibit the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(b) Restrict the size and attributes of the JADU so that the JADU conforms with this section.

(c) Require owner-occupancy for properties not owned by a governmental agency, land trust or housing organization. Owner may reside in either the remaining portion of the single-family dwelling structure or the JADU.

(H) Impact fees.

(1) The owner of an ADU or JADU shall be subject to the payment of all impact fees set forth in Cal. Gov't Code §§ 66000 et seq., except as specifically provided in Cal. Gov't Code §§ 66324 and 66338.

(2) Neither ADUs nor JADUs shall be subject to traffic impact fees under Chapter 3.22, unless § 3.22.050 is explicitly amended to impose such fees, and the imposition of such fees complies with state law.

(I) Utility connections.

(1) ADUs shall not be considered new residential uses for the purposes of calculating city and county connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed in conjunction with a new single-family dwelling structure.

(2) For a JADU or an ADU located within the existing residence, a new or separate utility meter shall not be required, and a related connection or capacity fee may not be charged, unless the ADU has been constructed with a new single-family dwelling.

(3) When the ADU is detached, a new or separate utility meter may be required. Any connection fee or capacity charge shall be proportionate to the burden of the proposed ADU based upon either its size or the number of plumbing fixtures for a water or sewer system.

(4) If the ADU is proposed to be connected to an on-site wastewater treatment system, adequate documentation must be presented to the city that indicates that a percolation test has been completed and certified within the last five years or if the percolation test has been recertified, within the last ten years.

(Ord. 2020-10 § 12, 2020; Ord. 2025-01 § 8, 2025)

(A) Purpose. The purpose and intent of this section is to provide for the orderly regulation of adult businesses in furtherance of the health, safety and welfare of persons residing and doing business in the city. It is specifically determined that adult businesses, by their nature, may have a deleterious effect upon adjacent uses, particularly when several adult businesses are concentrated together. Special regulation of these businesses is therefore necessary to ensure that these adverse effects will not contribute to the blighting and downgrading of surrounding neighborhoods.

(B) Definitions.

ADULT BUSINESS. Shall include all of the following:

(a) ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matters depicting, describing or related to “specialized sexual activity” or “specified anatomical areas,” or an establishment with a segment or section thereof devoted to the sale or display of such material.

(b) ADULT HOTEL or ADULT MOTEL. A hotel or a motel wherein material is presented through closed circuit television or other media which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical area.”

(c) ADULT THEATER. A theater which presents live entertainment or motion pictures or slide photographs which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activity”, or “specified anatomical areas.”

(d) MODEL STUDIO. Any business where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

(e) Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating “specified sexual activities” or “specified anatomical areas.”

SPECIFIED ANATOMICAL AREAS. Shall include the following:

(a) Less than completely and opaquely covered human genitals, pubic region; buttocks; and female breast below a point immediately above the top of the areola; and

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. Shall include the following:

(a) Human male genitals in a state of sexual stimulation, arousal or tumescence; or

(b) Actual or simulated acts of human masturbation, sexual intercourse or sodomy; or

(c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.

(C) Distance regulations.

(1) In those land use districts where adult businesses regulated by this chapter would otherwise be permitted or conditionally permitted uses, it shall be unlawful to establish any such adult business if the location is:

(a) Within 500 feet of any area zoned for residential use; or

(b) Within 1,000 feet of any other adult business;

(c) Within 1,000 feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization.

(2) For purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the property where an adult business is to be conducted to the nearest property line of the premise of any facility, use or business referenced in division (C)(1) of this section.

(3) The establishment of an adult business shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult business use.

(D) Development and performance standards.

(1) Adult businesses shall comply with the following development and performance standards:

(a) Advertisements, displays or other promotional materials depicting or describing nude or semi- nude persons, as defined in division (B) of this section, or specified sexual activities, as defined in division (B) of this section, or displaying instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities shall not be shown or exhibited so as to be visible from other areas open to the general public.

(b) All building openings, entries and windows for an adult business shall be located, covered or screened in such a manner as to prevent a view of instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities from any area open to the general public.

(c) All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises as to the extent such signs are required by state law not to exceed 18 inches x 18 inches.

(d) All entrances, exits, vehicular parking spaces, and yard areas for the adult business shall be developed such that they are directly visible from the public right-of-way unless the access thereto is physically restricted to employees only.

(e) No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult business is conducted.

(E) Required conditional use permit findings.

(1) The Planning Commission shall approve a conditional use permit for an adult business if the Commission is able to make affirmative findings based on all of the following criteria:

(a) The proposed use and development are consistent with the General Plan and either comply with or are concurrently conditioned to comply with the location standards and development and performance set forth in this section;

(b) The proposed site is adequate in size, shape and topography to accommodate the proposed use, the amount of vehicular parking spaces, and other improvements required by this code;

(c) The proposed site has vehicular and pedestrian access to an improved roadway and the proposed use will not result in an unmitigated reduction in the level of service standard of traffic capacity on adjacent roadways; and

(d) The proposed site use will be in compliance with all other objective development requirements as set forth in this Title 17 to the extent such requirements are not in conflict with the provisions of this section.

(`83 Code, § 17.44.010) (Ord. 94-03 § 6, 1994; Ord. 2011-05 § 15, 2011)

(A) Purpose. To deal with and mitigate adverse conditions associated with establishments which sell, or serve alcoholic beverages by restricting their proximity to facilities such as parks, schools, recreation centers, and religious assembly facilities and through the use of a conditional use permit and reasonable conditions, thereby preventing undue concentration and undesirable community impacts of such uses.

(B) Permits required. Every place, facility or business wherein alcoholic beverages are sold, served or given away for on-site or off-site consumption and located within 500 feet of any residential zone, park, school, recreation center, religious assembly or hospital shall be required to obtain a conditional use permit. Exception: Temporary events selling or serving alcoholic beverages for not more than four times per function, for not more than one day at a time shall be permitted subject to Development Review Committee approval.

(C) Findings. The Planning Commission shall make the following findings prior to approval of any conditional use permit which includes the sale or serving of alcoholic beverages:

(1) The proposed use will not adversely and seriously affect the peace, health, safety and welfare of residents of the community.

(2) The proposed use will not directly contribute to peace, health, safety and general welfare problems including but not limited to loitering, littering, public drunkenness, defacement and damaging of structures, pedestrian obstructions as well as traffic circulation, parking, and noise problems on public streets and adjacent parking lots.

(3) The proposed use will not create serious adverse impacts to the commercial district.

(4) The proposed use is adequately served by sufficient parking to serve the quantity of traffic such use generates.

(5) The proposed use shall not be incompatible with the adjoining uses as it relates to noise, traffic, and hours of operation.

(6) That the proposed use will not negatively impact nearby parks, schools, recreation centers, religious assembly facilities, and hospitals.

(D) Conditions for restaurants selling/serving alcoholic beverages. In addition to the following conditions, the Planning Commission shall have the ability to modify and/or add conditions based on the review of each application. Standard conditions for all restaurants serving alcoholic beverages:

(1) The establishment shall be operated as a “Bona Fide Eating Place” as defined by ABC. The restaurant shall contain sufficient space and equipment to accommodate a full restaurant kitchen and the kitchen shall be open and preparing food during all hours the establishment is open. The establishment shall provide an assortment of foods and a full menu normally offered in restaurants. The service of sandwiches or salads shall not be deemed in compliance with this requirement.

(2) The quarterly gross sales of alcohol beverages shall not exceed 33% of all gross sales of all products during the same period. The licensee shall maintain records which reflect separately the gross sales of alcoholic beverages. Records for the last quarter shall be made available to the city only if complaints have been received regarding the violation of conditions of the CUP.

(3) The approved floor plan is an integral part of the decision approving this CUP. There shall be no change in the design of the floor plan without the approval of the Planning Division. Any change in the approved floor plan which has the effect of expanding or intensifying the present use shall require an amendment to the CUP.

(4) All areas in the restaurant shall be available for inspection by the Police Department during all open business hours.

(5) No sporting game or games of competition shall be permitted in conjunction with the business unless approved as part of a CUP application.

(6) The display, posting or airing via closed circuit television of any gambling odds shall be prohibited unless pre-empted by the state.

(7) No patrons shall be on the premises during closed hours.

(8) There shall be no uses or activities permitted of an adult-oriented nature as defined in Title 17 of this code.

(9) The use of pornographic material in the form of videos, slides, magazines, or pictures shall be prohibited within the business establishment.

(10) Any amplified music, if approved, the sound emitted from the premises shall not be audible outside the boundaries of the establishment.

(11) No locking devices shall be allowed on interior doors that enclose rooms open to the public.

(12) No warning devices and/or any action by employees that could serve to alert patrons and employees to the presence of law enforcement or other inspectors shall be permitted.

(13) If it is determined by the Community Development Director or Public Works Director that patrons are littering the surrounding streets, sidewalks, parking lots, parks, or adjoining private properties as a result of their coming or leaving the establishment, the business will provide employees to pick up and properly dispose of all litter.

(14) In the event security/policing problems occur, this CUP shall be subject to review by the DRC and may be modified to require additional uniformed security guards as determined necessary by the DRC.

(15) The exterior of the premises, including adjacent public sidewalks shall be illuminated, during the hours of darkness with sufficient lighting to illuminate and make easily discernible the appearance and conduct of all persons on or about the establishment.

(16) Window signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises.

(17) Any graffiti painted or marked upon the premises or on an adjacent area under the control of the licensee shall be removed or painted over within 48 hours.

(18) The permittee shall submit a signed letter acknowledging receipt of the decision approving the conditional use permit.

(19) No sale of alcoholic beverages for outside service or consumption shall be permitted unless approved by the Planning Commission pursuant to this code.

(E) Substantial change in mode or character of operation. A conditional use permit shall be required for the following changes in operation:

(1) The establishment changes its type of retail liquor license within a license classification.

(2) The establishment ceases operation for a period of 30 days. The suspension of business during the diligent work on building repairs or remodeling undertaken under a valid building permit shall not be considered a substantial change in the mode or character operation if the remodeling does not change the nature of the licenses premises and does not increase the square footage of the area which constitutes the establishment.

(3) The establishment is found to be a public nuisance by the City Council.

(4) An existing ABC license is transferred from one premises (location) to another premise.

(5) Any ABC licensed establishment that has its license revoked, suspended or surrenders its license to ABC.

(6) Substantial change in mode or character of operation.

(F) Review required.

(1) Every place, facility or business wherein alcoholic beverages are sold, served or given away for on-site or off-site consumption shall be reviewed on a yearly basis, including such businesses classified as existing nonconforming, those businesses with an existing conditional use permit and all future businesses issued a conditional use permit.

(2) The Development Review Committee shall conduct a yearly review of such businesses. Information from the Police Department, Code Enforcement and Planning Divisions and other material available shall be reviewed to determine whether the business operation as it relates to the sale of alcoholic beverages may constitute a public nuisance or is in violation of conditions of an existing conditional use permit.

(3) The business owner/operator shall be notified in writing of the determination by the Development Review Committee. The business owner/operator shall be informed whether or not nuisance conditions or violations have been identified. Those business owners/operators where violations or nuisance conditions have been identified shall be requested to attend the Development Review Committee meeting.

(4) Failure to correct violations or nuisance conditions identified may result in the following:

(a) Commencement of proceedings to declare the business a public nuisance; or

(b) Commencement of revocation of the conditional use permit as described in this section.

(G) Revocation of conditional use permit. The following constitute grounds for the of revocation of a CUP granting an Alcohol Beverage License approval.

(1) When the continuance of the CUP would be contrary to public welfare or morals.

(2) The misrepresentation of a material fact by an applicant in obtaining a CUP.

(3) Failure to take steps to correct objectionable conditions caused by the business that constitute a nuisance within a specified time after receipt of notice to make those corrections from the city.

(4) Violation of any condition of the CUP.

(5) If the city issues a written notice to the owner of the business or operator of the facility on three separate occasions within any 12-month period requiring corrections of specific violations of the CUP, the Planning Commission shall review the CUP and consider revocation.

(6) Violation of municipal, state or federal laws.

(`83 Code, § 17.44.025) (Ord. 96-04 § 1, 1996; Ord. 98-01 § 1, 1998)

Bed and breakfast homes shall be subject to conditional use permit approval and meet the requirements of this section. Also see § 17.40.140 regarding Historic Preservation Participation Incentives:

(A) Minimum size of structure. The use shall be located in a building of residential design having a minimum of 2,000 square feet of residential floor area.

(B) Maximum number of rooms to be rented. Fifty percent of the bedrooms in a home can be used for rental to a maximum number of three bedrooms.

(C) Owner-occupied residence. The property must be the principal residence of the owner.

(D) Signs. On-premise signs for any bed and breakfast home shall be limited to one wall or hanging wood sign not more than 12 inches by 36 inches. However, a 12-inch by 36-inch sign incorporated into a decorative architectural feature such as a fence or lamp post, in combination with effective landscaping, may be approved by the Development Review Committee. The content of the sign shall be limited to identifying not more than the name and address of the home.

(E) Cooking facilities. No cooking facilities shall be permitted in any guest room.

(F) Meals. No meals shall be served to guests other than breakfast, and/or dinner and these meals shall be served only to registered overnight guests.

(G) Length of occupancy. No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of 14 days during any consecutive 90-day period. Additionally, no owner shall rent out any room or area in any bed and breakfast home more than twice in a 24-hour period, or for a time period less than 24 hours.

(H) Parking. The existing home must have the current required parking. Up to three additional parking spaces may be required, subject to Planning Commission review of available off-street parking.

(I) Registration required. Every person conducting or owning a bed and breakfast home in the city shall at all times keep and maintain therein a register or other permanent document in which shall be inscribed with ink the name and address of each and every guest or person renting a room therein. Such register or document shall be signed by the person renting a room and the owner of the bed and breakfast home shall thereupon write opposite such name or names so registered the number of each room assigned to or occupied by each such guest, together with the time when such room is rented. Until all of such entries shall have been made in such register or document, no owner shall allow or permit such guest or person to occupy privately any room. Erasures or alterations on the register or document shall not be permitted or made for any purpose, and it shall be unlawful to erase a name or names and address or addresses or to permit or allow such an erasure. Such register or documents shall be kept in a conspicuous place and shall be at all times open to the inspection of any peace officer for lawful purposes.

(`83 Code, § 17.44.030) (Ord. 94-03 § 6, 1994)

The relocation of any structure within the city shall require the approval of a minor conditional use permit by the Planning Commission pursuant to Chapter 15.24 of this code.

(`83 Code, § 17.44.040) (Ord. 94-03 § 6, 1994; Ord. 2004-15 § 1, 2004)

(A) The purpose of this section is to provide for the general control of the design and development of planned unit developments and condominiums in accordance with the basic purpose of the State Subdivision Map Act.

(B) For the purposes of this section the following terms are defined:

COMMON AREAS. The entire condominium project excepting all units therein granted or reserved to individual ownerships.

CONDITIONS, COVENANTS AND RESTRICTIONS. Conditions, covenants, and restrictions of any condominium project, community apartment house or any other planned development.

CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a residential, industrial or commercial building on such real property. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of an enjoinment, be either:

(a) An estate of inheritance or perpetual estate;

(b) An estate for life; or

(c) An estate for years.

CONDOMINIUM PROJECT. The entire parcel of real property divided or to be divided, into condominiums including all structures thereon.

PLANNED UNIT DEVELOPMENT. A development characterized by a unified site design for a number of housing units and providing common open spaces and driveways. It permits the planning of a project and the calculation of density over the entire development, rather than on an individual lot-by-lot basis.

UNIT. The element of a condominium project which is not owned in common with the owners of other condominiums in the project.

(C) Planned unit development.

(1) Planned unit developments, including such components as private streets, private parks, golf courses, recreational areas, buildings, structures, clubhouses, recreation halls, playgrounds, swimming pools and other open areas, may be permitted after first having obtained a conditional use permit. The Planning Commission is hereby granted the right, notwithstanding the provisions of any other laws of the city, to grant certain uses of the land within planned unit developments which may not otherwise be permitted in that zone.

(2) Approval of a planned unit development shall be based upon findings that the plan provides as well, or better, for light and air, for public safety and convenience, the protection of property values and the preservation of the general welfare of the community, than if developed in other permitted uses.

(3) Every planned unit development shall be designed to achieve the following objectives:

(a) The plan should provide for a comprehensive and harmonious arrangement of buildings, open spaces, circulation ways, off-street parking and development amenities.

(b) The project should be related to existing and proposed land use and circulation plans of the community, and not constitute a disrupting element in the neighborhood.

(c) The internal street system should be designed for the efficient and safe movement of vehicles without disrupting pedestrian circulation and activities and function of the common area.

(d) Open and recreational areas and facilities should be located adjacent to all dwelling units or easily accessible therefrom.

(e) Open and recreational areas should be made the focal point for the overall design of the development. Various community facilities should be grouped in places well related to these open spaces and easily accessible to pedestrians.

(4) Condominiums and planned unit developments (PUD) shall meet the requirements of this section:

(a) Copies of conditions, covenants and restrictions that will apply to the proposed development shall be submitted and include the following provisions:

1. Ensure payment of any invoice by the city, for water, sewer service charge, garbage, trash or rubbish charge, in such manner that either the Board of Governors, condominium owners or management agent shall guarantee payment to the city;

2. Guarantee access and entry to the development, all buildings and structures for any authorized Fire Inspector, Building Official, or any other official charged with carrying out the laws of the city, state or federal government;

3. Ensure that each residential unit in the development shall be used as a residence for a single family and for no other purpose;

4. Ensure that no sign of any kind may be displayed advertising any service, business or other commercial project or venture, in any residential condominium or community apartment;

5. That the names of the officers and members of the Board of Governors shall be filed annually with the City Clerk, during the month of July;

6. A request pursuant to Cal. Vehicle Code §§ 21107.5 or 21107.7 that traffic regulations may be enforced by the city on the private streets located therein;

7. Ensure that all common areas are properly and regularly maintained;

8. Ensure that the landscaping and landscape irrigation systems are maintained and audited in accordance with the schedules prepared pursuant to Chapter 17.20 of this code.

(b) The off-street parking requirements for residential condominiums and PUDs shall be required for all residential projects. See Chapter 17.24.

(c) Interior private streets may be permitted within any condominium or PUD development, but shall have a minimum width of pavement as determined by the Community Development and Fire Departments between standard concrete curbs.

(d) Condominium and PUD projects shall have a minimum of four units.

(e) All existing buildings to be converted to condominiums shall be made to comply with all applicable building and zoning regulations for condominium construction and placement.

(f) The subdivider may be required to construct public improvements and/or dedicate land for a public use if deemed necessary by the City Council.

(g) Notwithstanding the provisions of this title, every planned development shall be surrounded by a decorative wall in conformance with the height requirements of this code, except that this requirement may be waived upon recommendation of the Planning Commission.

(h) All condominium projects shall be designed to be consistent with the predominant scale of development in a given area.

(i) All condominium and Planned Unit Developments shall be subject to the multiple-family residential development standards as found in § 17.12.030.

(j) A proposed planned unit development in any residential zone shall include a parcel of land that is sufficient in size and arrangement to enable feasible development. A proposed residential development in any zone of the city shall have a minimum area of not less than the number of square feet for each lot proposed, as is now proposed in this title.

(k) Nothing contained in this section shall exempt any applicant from complying with the building code, subdivision standards, zoning laws or other applicable laws of the city unless otherwise expressly provided in this section.

(`83 Code, § 17.44.050) (Ord. 94-03 § 6, 1994; Ord. 95-05 § 7, 1995)

(A) Purpose. Common interest development projects require special additional regulations because of unique problems resulting from the divided ownership of individual units, and the purpose of this section is to provide reasonable standards for the location, design, and development of common interest development projects and the information to be contained in the application for a conditional use permit, which shall be filed with the tentative map.

(B) Application requirements. Except as otherwise provided in this section, the provisions of this section shall apply to both residential and nonresidential common interest development projects. Each application for the approval of a conditional use permit for a common interest development project shall include the following information and documents:

(1) A site plan with at least the following details shown to scale:

(a) The location, height, gross dwelling and accessory floor area, dwelling and accessory area per building and per unit, and proposed uses of each existing structure to remain and for each proposed structure;

(b) The location, use, and type of surfacing for all open storage areas;

(c) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts;

(d) The location, height, and type of materials for walls or fences;

(e) The landscape and irrigation plan by a licensed landscape architect showing the location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaping areas shall be maintained;

(f) The location and square footage of all recreational and open space areas, both private and common and a statement specifying the method of the maintenance common areas;

(g) The location of the parking facilities to be used in conjunction with each unit and the location of guest parking spaces in the common interest development;

(h) The floor plans and elevations of all structures, showing the architectural features and the types and materials of construction;

(i) Specific reports on the physical elements of each structure and facility shall be submitted that includes but is not limited to the following:

1. a. A report detailing the condition of each element of any structures located on the property by a certified licensed contractor or inspector including:

i. Foundations;

ii. Roofs;

iii. Exterior walls;

iv. Electrical;

v. Plumbing;

vi. Utilities;

vii. Interior walls;

viii. Ceilings;

ix. Heat insulation factors;

x. Windows;

xi. Recreational and open space facilities;

xii. Sound transmission characteristics between units;

xiii. Mechanical equipment;

xiv. Fire protection equipment;

xv. Parking facilities;

xvi. Walls and fences;

xvii. All paved surfaces; and

xviii. Landscaping, sprinkler system.

b. For each element listed in division (B)(1)(i)1.a. of this section, the report shall state, to the best knowledge or estimate of the inspector, the following: (1) the date the building permit was originally issued for each element (or the date the permit was issued for the most recent replacement of the original element); (2) the replacement cost of the element at the time the report is prepared; (3) the current condition of each element. If applicable, the report shall describe why the physical condition of each element does not comply with current Zoning, Housing or Building Code and shall identify how each deteriorated, defective or unsafe element will be required or replaced.

2. A report prepared by a licensed structural pest control operator describing the general condition of the entire project shall be submitted. In addition, prior to the approval of the Final Map, the applicant shall also cause to be prepared by a licensed pest control operator a pest infestation and dry rot report for each individual unit in the project;

3. A structural engineer’s evaluation of the integrity of the foundations shall be submitted.

4. If a soils report was not done at time of original construction, the application for conversion shall also include a report on any known soil and geological conditions regarding soil deposits, rock formations, faults, ground water and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures on the project site. Reference shall be made to any previous soils reports for the site and a copy of said prior reports shall be submitted with the soils report required by this section.

5. A statement of the repairs and improvements the subdivider proposes to refurbish and restore the project to achieve a high degree of appearance and safety.

(C) Conditions for approval. A tentative map of a common interest development project may be approved subject to the imposition of reasonable conditions relating to the design and improvement of the subdivision.

(D) Compliance with code provisions.

(1) Code compliance required. Except as otherwise provided by this title, neither a tentative map nor a conditional use permit for a new common interest development project or for the conversion of existing multi- family residential units to a common interest development shall be approved unless the project will comply with the building codes and zoning regulations and all the other requirements of this code in effect at the time of the filing of a complete application.

(2) Architectural review required. Nothing in this chapter shall relieve a project to convert an existing development to a common interest development from the architectural review requirements of § 2.56.030(D)(1)(b). Any plans for exterior maintenance, restoration or refinement of the project, including landscape plans, shall be reviewed and approved by the Planning Commission prior to approval of the tentative map for the project.

(E) Requirements for residential conversions. In addition to the other requirements of this section, the conversion of existing multi-family residential units to any form of common interest development shall comply with the following:

(1) Reports. Upon receipt of the application, the Director of Community Development or his/her designee shall submit copies of the applicable reports or documents required to be reviewed by the Public Works Department, Fire Department, Building Division, Planning Division, and Neighborhood Preservation Division, and any other department as appropriate. Each department or division is responsible for reviewing the reports in the areas under their purview and shall prepare a written report detailing the deficiencies and the corrective actions required to bring the project into compliance with this section.

(2) Correction of deficiencies. Prior to filing for approval of the final map for the purposes of converting existing multi-family residential units to common interest ownership, the subdivider shall complete the following:

(a) The subdivider shall correct all deficiencies identified by the city to the satisfaction of the City Building Official, City Fire Marshal and City Engineer and Planning Division Manager.

(b) The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest control report required by this section to the satisfaction of the City Building Official.

(c) Except as otherwise approved by the Planning Commission pursuant to this section, the subdivider shall correct any outstanding zoning ordinance violations and shall bring the project site into full compliance with current zoning codes.

(F) Physical standards for residential conversions. Except as expressly provided in this section, no application for a tentative map to convert existing multi-family residential units to any form of common interest development shall be approved unless the Planning Commission finds that the proposed conversion will conform to each and every standard set forth in this section. These findings are in addition to the findings required for any concurrent application for a conditional use permit pursuant to § 17.52.240.

(1) Building regulations. The proposed conversion shall conform to the applicable standards of the Housing Code and the Building Code in effect on the date the city determines the application for conversion is complete.

(2) Fire prevention. The proposed conversion shall conform to the applicable standards of the Fire Code in effect on the date the city determines the application for conversion is complete, which shall include but not be limited to requirements regarding housing accessibility for condominiums, townhouses, and apartments.

(3) Utilities.

(a) Each dwelling unit shall be separately metered for utilities, including but not limited to gas, electricity, and water. Any water meters that are operated through a single meter must be addressed to the city’s satisfaction by the covenants, codes, and restrictions, which shall include but not be limited to cost allocation.

(b) Electrical service for each unit shall be provided through a minimum 100 ampere circuitry.

(4) Landscape and open space requirements—installation and maintenance.

(a) Prior to the issuance of the final map for any proposed conversion, the subdivider shall install new landscaping as per the approved landscape plan.

(b) The proposed conversion shall comply with all applicable provisions of Title 17 of this Code with respect to landscape setbacks and usable private and common open space.

(5) Condition of equipment and appliances. At such time as the homeowners’ association takes over management of the development, the developer shall provide written certification to the association that any improvements, such as pools and pool equipment (filters, pumps, and chlorinators), spas, saunas, and other appliances and mechanical equipment, which are to be owned in common by the association, are in operable working condition.

(6) Refurbishing and restoration. In connection with an application for a tentative map to convert existing multi-family residential units to any form of common interest development, the subdivider shall submit a comprehensive plan for the rehabilitation of the exterior elements of the property. Said comprehensive plan shall provide for the rehabilitation and restoration of each building, structure, wall, fence, patio enclosure, carport, accessory building, sidewalk, driveway, paved area, landscaped area, and additional exterior element of the site, as necessary, to achieve a high degree of appearance, quality, and safety, subject to review and approval by the Planning Commission. All required work shall be completed prior to the approval of the final map.

(7) Parking.

(a) Spaces required. Off-street parking shall be provided in accordance with the applicable provisions of Chapter 17.24 of this title. No required courtyard or open space may be eliminated to expand on-site parking.

(b) Assignment and use of required off-street parking spaces. The covenants, conditions, and restrictions or similar ownership agreements of the common interest development shall incorporate the following parking requirements.

1. Required off-street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit.

2. To the maximum practical extent, the spaces assigned to each unit shall be contiguous.

3. All parking spaces shall be for the use of unit owners.

4. All parking spaces, shall be used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the state and shall not be used for storage or trailers, unmounted campers, boats, or other recreational vehicles.

(G) State law applicable. All common interest development projects that are governed by this section also shall comply with all applicable provisions of state law, including without limitation Government Code §§ 66427.1 et seq.

(Ord. 2006-02 § 7, 2005)

(A) Purpose. The purpose of this section is to regulate and mitigate adverse conditions associated with establishments that provide a drive-through window within 100 feet of residential zones for the sale of food or merchandise in order to prevent the undesirable community impacts of such uses.

(B) Definition. A DRIVE-THROUGH BUSINESS OPERATION shall mean any place, facility or business that sells, serves or gives away food or beverages for on-site or off-site consumption or sells or gives away merchandise via a drive-through window.

(C) Conditional use permit required. Every drive-through business operation located within 100 feet of any residential zone as measured from all property lines of the subject property shall obtain a conditional use permit from the Planning Commission in accordance with the procedures set out in §§ 17.52.230 through 17.52.320 of this code. In addition, the following shall also obtain a conditional use permit.

(1) Notwithstanding Chapter 17.48 of this code, any business with a drive-through use established prior to the adoption of this section that ceases to operate for a period of 30 days or more.

(2) Any business with a drive-through use established prior to the adoption of this section or permitted under this section that requests a change in hours of operation of the drive-through window.

(3) Any business with a drive-through use established prior to the adoption of this section or permitted under this section that has a substantial change in mode or character of operation, such as an increase in the square footage of the building.

(D) Location of drive-through window. The drive-through window shall be located on the same side as the driver’s side of the car.

(E) Conditions of approval. In granting a conditional use permit, the Planning Commission may impose such conditions on the permit as the Commission deems necessary or proper to protect adjacent property and the public welfare from potential adverse impacts related to the drive-through business operation. Such conditions may include, without limitation, conditions that regulate the decibel levels produced by the outdoor speakers and conditions that regulate the queuing length of vehicles utilizing the drive-through window.

(`83 Code, § 17.44.053) (Ord. 2001-05 § 4, 2001)

(A) Development standards. The following development standards shall apply to emergency shelters:

(1) Property development standards. The emergency shelter shall conform to all property development standards of the zoning district in which it is located except as modified by these development standards.

(2) Maximum number of persons/beds. An emergency shelter for homeless persons shall contain no more than 20 beds and shall provide shelter for no more than 20 persons. The maximum number of beds may be accommodated in multiple emergency shelters with a combined capacity not to exceed 20 beds or persons.

(3) Parking. On-site parking shall be provided based on the following standards: one parking space for every 10 beds, plus ½ space for each bedroom designated for families with children, plus 1 parking space for each employee or volunteer on duty.

(4) Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and designed, arranged and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of intensity compatible with the neighborhood.

(B) Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents:

(1) Central cooking and dining room.

(2) Recreation room.

(3) Laundry facilities to serve the number of occupants at the shelter.

(4) Other uses that are considered as ancillary to the primary use such as office, storage.

(C) Onsite staff. At least one manager shall be onsite during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter’s beds or other services and who resides off-site. The manager must be accompanied by one supporting staff member for every 10 beds occupied in the facility. Such staff members must be individuals who do not utilize the shelter’s beds or other services and who reside off-site.

(D) Security. Security personnel shall be provided during operational hours whenever clients are on the site. Security personnel are in addition to the staffing requirements in division (C). A security plan shall be submitted to the city prior to issuance of a certificate of occupancy.

(E) Concentration of uses. No more than one emergency shelter shall be permitted within a radius of 300 feet from another such emergency shelter.

(F) Emergency shelter operations. The agency or organization operating the emergency shelter shall comply with the following requirements:

(1) Each emergency shelter resident shall stay for no more than 90 days (cumulative, not consecutive) in a 365-day period. Extensions up to a total stay of 180 days in a 365-day period may be provided if no alternative housing is available.

(2) On-site client waiting and intake areas shall be located inside the building.

(3) The provider shall provide at the city’s request an annual report of the use of the facility and determination of compliance with city’s development standards for the use.

(Ord. 2014-01 § 11, 2014)

(A) Purpose. To establish an appropriate review process for entertainment facilities and to mitigate adverse conditions associated with such establishments through the conditional use permit process or review by the Development Review Committee as indicated in § 17.08.010(B) and this section.

(B) Definition. ENTERTAINMENT FACILITIES shall mean establishments engaged in the provision of cultural, entertainment, athletic, and other events for spectators, as opposed to those engaged in the activity (i.e. movie and legitimate theaters). Entertainment facilities shall also include but not limited to nightclubs, restaurants, and coffee houses with live entertainment and/or dancing.

(C) Exceptions.

(1) Entertainment facilities that operate with non-amplified music where there is no dancing and no sale or serving of alcoholic beverages shall not require a conditional use permit and shall be subject to review and approval by the Development Review Committee.

(2) Entertainment facilities classified as “temporary” shall mean uses including nightclubs, restaurants, and coffee houses, with or without the sale of alcoholic beverages, that operate with live entertainment and/or dancing for not more than four times per year with each event functioning for not more than two days at a time (i.e. Valentine's Day Dance, Cinco de Mayo, and the like). Such uses shall be permitted subject to the Development Review Committee review and approval. However, any use classified as “temporary” entertainment, and located within 100 feet of a residential zone shall require a conditional use permit.

(D) Findings. The Planning Commission or Development Review Committee shall make the following findings prior to approval of any entertainment use facility.

(1) The proposed use will not adversely and seriously affect the peace, health, safety and welfare of residents of the community.

(2) The proposed use shall not directly contribute to peace, health, safety and general welfare problems including but not limited to loitering, littering, public drunkenness, defacement, and damaging of structures, pedestrian obstructions as well as traffic circulation, parking and noise problems on public streets and adjacent parking lots.

(3) The proposed use shall not create serious adverse impacts to the commercial district.

(4) The proposed use is adequately served by sufficient parking to serve the quantity of traffic such use generates.

(5) The proposed use shall not be incompatible with the adjoining uses as it relates to noise, traffic, and hours of operation.

(6) That the proposed use will not negatively impact nearby parks, schools, religious assembly facilities, recreation centers and hospitals.

(`83 Code, § 17.44.055) (Ord. 96-09 § 2, 1996)

(A) Purpose. The purpose of this section is to establish an appropriate review process for outdoor entertainment and to mitigate adverse conditions associated with this use through the approval of a conditional use permit by the Planning Commission.

(B) Definition. OUTDOOR ENTERTAINMENT shall mean cultural, entertainment, athletic, and other events for spectators outside of the building, either on public or private property. The provision of outdoor entertainment is considered incidental to the primary use and is provided on an intermittent basis.

(C) Permit required. Outdoor entertainment permits are granted either on a regular or temporary basis.

(1) Temporary outdoor entertainment permit. The Development Review Committee shall review all requests and approve, approve with conditions or deny temporary outdoor entertainment permits.

(a) Temporary outdoor entertainment is allowed for a maximum of 30 consecutive days in a 12-month period.

(b) The applicant shall be required to give written notification to all businesses that are located on both sides of the street on the same block of the subject property of the intent to have outdoor entertainment. Proof of such notification shall be provided to the city at the time of review by the Development Review Committee.

(2) Outdoor entertainment permit. The Planning Commission shall review all requests and approve, approve with conditions or deny all conditional use permits for outdoor entertainment.

(D) Requirements. All outdoor entertainment permits shall comply with the following regulations:

(1) The proposed entertainment must be sponsored by the adjacent business.

(2) A minimum unobstructed pedestrian clearance of at least 48 inches in width shall be maintained along the entire length of the sidewalk. Additional clearance may be required based on the location of existing sidewalk obstructions and pedestrian traffic volumes.

(3) An agreement satisfactory to the City Attorney shall be submitted to the city whereby the applicant agrees to indemnify, defend and hold the city and its officers, employees and agents harmless from any claims and damages that occur as a result of the entertainment.

(4) Minimum liability insurance as required by the city and naming the city as an additional insured shall be required and approved by the city's Risk Manager prior to commencement of the use.

(E) Calls for review. The City Manager, Community Development Director, Public Works Director, or the Police Chief may call up for review the outdoor entertainment permit of any business due to noncompliance with any of the conditions of approval.

(F) Revocation of outdoor entertainment permit. The Committee or Commission may revoke an outdoor entertainment permit. Violation of any of the following constitute grounds for revocation:

(1) When the continuation of the outdoor entertainment permit would be contrary to the public health, safety or welfare.

(2) The misrepresentation of a material fact by an applicant in its application.

(3) Notice to make those corrections from the city. A nuisance shall include but not be limited to loitering, littering, litter and poor site maintenance, public drunkenness, defacement and damaging of structures, pedestrian obstructions as well as traffic circulation and parking and noise problems on public sidewalks and streets.

(4) Violation of any condition of the outdoor entertainment permit.

(5) Violation of any municipal, state or federal laws.

(Ord. 2002-08, § 6, 2002)

The following performance standards shall apply to the review of family day care home large:

(A) Not less than ten days prior to the date of the review by the committee, written notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed site shall be given. If the applicant or person(s) notified request a hearing, a Development Review Committee meeting will be scheduled and renotification of the property owners within a 100-foot radius shall be given no less than ten days prior to the meeting. If a hearing is not requested, the Committee will review administratively.

(B) Hours of operation shall be between 7:00 a.m. and 7:00 p.m. The Committee may approve alternative hours of operation, provided that it would not be a burden on the surrounding residential uses, and provided that the applicant demonstrates that the hours listed above would result in an unreasonable hardship to customers utilizing the service.

(C) There shall be no more than one large family day care permitted within a radius of 1,000 feet of any other such facility. The Committee may permit more than one such facility within a 1,000-foot radius, provided that it can be determined that it would not have an adverse impact to the neighborhood.

(D) To reduce noise impacts, a six-foot-high fence or wall to enclose the yard areas and on-site landscaping may be required.

(E) The Committee shall review the existing and potential increase in traffic and passenger loading to determine that it will not significantly impact the neighborhood and compromise the safety of the children being cared for at the facility.

(F) On-site parking shall not be required except for that required for the residential building.

(G) The location of the outdoor play area shall be reviewed in relation to its proximity to surrounding residential buildings and its potential impact.

(H) A fee to cover the cost of postage for the 100-foot radius notification shall be paid by the applicant at the time the request is filed with the Planning Division.

(`83 Code, § 17.44.060) (Ord. 94-03 § 6, 1994)

Game courts shall be a permitted use in the RF, RE, RL, RM and RH zones and permitted in the NC, C-R/S, O/RD/LM, M, and P/QP zones subject to a conditional use permit. The following development standards shall apply:

(A) Setbacks. Game courts shall be treated the same as a main dwelling with respect to the required front setback from property line; side yard setback, interior lot, shall be a minimum of five feet; alley-side setback may be zero feet; street yard setback shall be a minimum of ten feet.

(B) Lighting. Game court lighting shall be subject to the requirements set forth in Chapter 17.32.

(C) Fencing and landscaping. Game court fencing/landscaping shall be subject to the requirements set forth in Chapters 17.08 and 17.12.

(`83 Code, § 17.44.070) (Ord. 94-03 § 6, 1994)

Except for approved service stations, the installation of a pump or other device for the dispensing of gasoline and storage tanks in conjunction therewith, and above-ground tanks outside of buildings for the storage of flammable liquids, shall require a conditional use permit. Above-ground tanks shall be prohibited in residential zones and shall require a conditional use permit approval in all other zones and are subject to the Fire Code regulations set forth in Chapter 15.20 of this code.

(`83 Code, § 17.44.080) (Ord. 94-03 § 6, 1994; Ord. 95-05 § 8, 1995)

(A) An application for any land use decision for a hazardous waste facility shall be subject to all local land use laws and procedures set forth in this code for the proposed site and to the County Hazardous Waste Management Plan of the county. All applicable zoning, subdivision, conditional use permit, variance or other land use decisions of the city with regard to a hazardous waste facility shall be consistent with those portions of the approved County Hazardous Waste Management Plan which identify general areas or siting criteria for hazardous waste facilities.

(B) The County Hazardous Waste Management Plan referred to herein is that certain plan prepared by the county and approved by the State Department of Health Services on November 30, 1989, as may be amended from time to time, copies of which are on file in the office of the City Clerk.

(C) Nothing set forth in this section shall limit the authority of the city to attach appropriate conditions to the issuance of any land use approval for a hazardous waste facility to protect the public health, safety or welfare. This section shall not limit the authority of the city to establish more stringent planning requirements or siting criteria than those specified in the County Hazardous Waste Management Plan.

(`83 Code, § 17.44.090) (Ord. 94-03 § 6, 1994)

All home occupations shall meet the following requirements:

(A) No employees are allowed other than members of the resident family;

(B) No use of material or equipment not recognized as being part of the normal practices in the zone in which the use is a part is allowed;

(C) The use shall not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located;

(D) It shall not involve the use of commercial vehicles for delivery of materials to or from the premises for commercial purposes;

(E) No outside storage of materials and/or supplies is allowed;

(F) It shall not involve the use of signs other than those permitted for a residential use;

(G) Not more than one room in a dwelling or in an accessory structure shall be employed for the home occupation;

(H) In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure be reasonably recognized as serving a nonresidential use, either by color, materials or construction, lighting, signs, sounds or voices, vibration, and the like;

(I) There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

(`83 Code, § 17.44.100) (Ord. 94-03 § 6, 1994)

(A) Purpose. The purpose of this section is to regulate and mitigate adverse conditions associated with establishments that operate beyond traditional hours of operation.

(B) Definition. LATE-NIGHT HOURS shall mean any business that operates anytime between the hours of 12:00 midnight and 6:00 a.m.

(C) Conditional use permit required. Every place, facility or business that operates during late-night hours located within 100 feet of any residential zone or planned development zone permitting residential uses as measured from all property lines of the subject property shall obtain a conditional use permit from the Planning Commission in accordance with the procedures set out in §§ 17.52.230 through 17.52.320 of this code. In addition, the following shall also obtain a conditional use permit:

(1) Notwithstanding Chapter 17.48 of this code, any late-night hour business established prior to the adoption of this section that ceases to operate for a period of 30 days or more.

(2) Any late-night hours business established prior to the adoption of this section or permitted under this section that has a substantial change in mode or character of operation, such as an increase in the square footage of the building.

(`83 Code, § 17.44.103) (Ord. 2001-06 § 7, 2001)

(A) Purpose. The purpose of this section is to expressly prohibit the establishment of commercial cannabis uses and cannabis cultivation in the city, to the extent not preempted by state law. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law. The City Council finds that the prohibitions on commercial cannabis uses, outdoor cannabis cultivation, and indoor cultivation of cannabis except under limited circumstances consistent with state law are necessary for the preservation and protection of the public health, safety, and welfare of the city and its community. The City Council's prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety, and welfare of the city and its community.

(B) Definitions. For purposes of this chapter, the following words and phrases have the same meanings as set forth below.

CANNABIS. All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS includes cannabis that is used for medicinal, adult-use, or other purposes. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS also does not include industrial hemp, as defined in Cal. Health and Safety Code § 11018.5.

CANNABIS PRODUCT. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

COMMERCIAL CANNABIS ACTIVITY. The cultivation, possession, manufacture, distribution, processing, storing, packaging, labeling, transportation, delivery or sale (as those terms are defined in Cal. Business and Professions Code § 26001, as the same may be amended from time to time) of cannabis and cannabis product for medicinal, adult-use, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. COMMERCIAL CANNABIS ACTIVITY does not include (1) the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient (as that term is defined in Cal. Health and Safety Code § 11362.7) for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person; or (2) the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver (as that term is defined in Cal. Health and Safety Code § 11362.7), exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Cal. Health and Safety Code § 11362.765.

COMMERCIAL CANNABIS USES. Any use of property for commercial cannabis activity.

CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensees.

DWELLING. Shall have the same meaning as defined in § 17.04.080. DWELLING also means a PRIVATE RESIDENCE as defined by Cal. Health and Safety Code § 11362.2(b)(5) as the same may be amended from time to time.

FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

INDOORS. Within a fully enclosed and secure structure.

LICENSEE. A person who holds a state license for research and development or laboratory testing of cannabis or cannabis products issued by the Bureau of Cannabis Control or other state licensing authority that licenses cannabis businesses, if applicable.

OUTDOORS. Any location that is not within a fully enclosed and secure structure.

PERSON. Any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

RESEARCH AND DEVELOPMENT. Shall mean an establishment primarily engaged in the research of an industrial or scientific nature that is a licensee, excluding medical testing and analysis. Typical uses shall include electronics research laboratories, space research and development firms and pharmaceutical research laboratories.

(C) Prohibited uses.

(1) Commercial cannabis uses are expressly prohibited in all zones and all specific plan areas in the city. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city.

(2) Outdoor cannabis cultivation is expressly prohibited in all zones and all specific plan areas in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.

(3) Indoor cannabis cultivation, including cultivation by a primary caregiver or qualified patient (as those terms are defined in Cal. Health and Safety Code § 11362.7, as the same is amended from time to time) is prohibited except in strict compliance with division (F) below.

(D) Exceptions.

(1) Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under Cal. Health and Safety Code § 11362.1.

(2) Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Cal. Business and Professions Code § 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.

(3) Laboratory testing facilities and research and development facilities that meet the requirements set forth in division (E) below are permitted to operate in the city.

(E) Laboratory testing and research and development facilities. Laboratory testing facilities and research and development facilities shall only be permitted provided the facilities are:

(1) Located in the M (Manufacturing), O/RD/LM (Office/Research and Development/Light Manufacturing) or BE (Business Enterprise) zones.

(2) Not engaged in any other "commercial cannabis activity" as defined herein, except for the possession, storing, packaging, distribution, or labeling of cannabis or cannabis product.

(3) Cannabis and cannabis products may be lawfully transported by a state licensed distributor to and from laboratory testing facilities and research and development facilities.

(F) Indoor cannabis cultivation. Cannabis cultivation shall only occur indoors in a dwelling, or inside an accessory structure located upon the grounds of a dwelling, in strict conformance with the following standards:

(1) Only a person who is at least 21 years old may cultivate cannabis, and the cannabis cultivation areas shall not be accessible to persons under 21 years of age.

(2) Cannabis cultivation is permitted only within fully enclosed and secure structures.

(3) Cannabis cultivation shall be limited to six plants total, regardless of how many persons over the age of 21 reside at the dwelling.

(4) The use of CO2 and Ozone generators for cannabis cultivation or processing is prohibited.

(5) The use of compressed gases, including but not limited to carbon dioxide and butane, for cultivation or processing is prohibited.

(6) Cannabis cultivation shall not be visible from the public right-of-way or any privately owned place open to the public.

(7) The dwelling shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.

(8) Any structure used for the cultivation of cannabis shall not become a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or on a public right- of-way. No person shall cultivate cannabis in any manner that causes any of the following conditions: light, glare, heat, odor, noise, mold or vibration that is or whose effect is either detrimental to public health, safety, or welfare or that interferes with the reasonable enjoyment of life or property.

(9) A portable fully functional fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the residence.

(10) Cultivation of cannabis shall not displace required off-street parking.

(11) All electrical equipment used in the cultivation of cannabis (e.g. lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.

(G) Enforcement. In addition to any other enforcement permitted by Chapter 1.16 of this code, the City Attorney or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.16 of this code, this § 17.44.104 does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Cal. Health and Safety Code §§ 11362.71 et seq. or §§ 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.16 of this code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. No. 2006-11U § 2, 2006; Ord. No. 2006-11 § 2, 2006; Ord. No. 2006-12 § 2, 2006; Ord. No. 2008-07 § 6, 2008; Ord. 2017-05 § 6, 2017)

(A) Purpose. The purpose of this section is to allow businesses other than massage establishments, such as nail salons, beauty shops, and barber shops, to offer massage services as an accessory use in zones where such businesses’ primary use is permitted but massage establishments are prohibited.

(B) Definitions. For purposes of this section, the following terms are defined:

(1) MASSAGE. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as: rubbing alcohol; liniment; antiseptic; oil; powder; cream; lotion; ointment or other similar preparations commonly used in the practice of massage. The terms “bodywork,” “massage services,” and “massage therapy” are included within this definition. MASSAGE includes, but is not limited to: any bath; facial massage; foot massage; fomentations massage; electric or magnetic treatment; shiatsu; alcohol rubs; Russian, Swedish, and Turkish baths; acupressure; and other related actions.

(2) Massage establishment. Any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, whether as a primary or secondary or ancillary activity, any activity set forth in the definition of “massage” in Chapter 5.24 of this code. Any establishment engaged in, conducting, carrying on, or permitting any combination of massage and bath facilities, including but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a MASSAGE ESTABLISHMENT.

(C) Massage services as secondary or ancillary activity. Any business located in zones specified in § 17.08.010 that devotes 20% or less of its building area to the provision of massage services shall be allowed subject to the approval of a minor conditional use permit from the Development Review Committee pursuant to Chapter 17.52 of this code.

(D) Applicability of massage regulations. Any business that offers massage services as a secondary or ancillary activity shall be deemed a massage establishment for purposes of Chapter 5.24 of this code.

(Ord. 2011-05 § 16, 2011; Ord. 2018-03 § 7, 2018)

(A) Mobile homes. A mobile home may be used as a place of human habitation on RL zoned lots (to provide affordable housing and to increase the supply and variety of housing types in the city). The following conditions shall be applicable to mobile homes placed on RL zoned lots:

(1) A mobile home shall be certified under the National Home Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) on a foundation system, pursuant to Cal. Health and Safety Code § 18551.

(2) A mobile home shall not have been altered in violation of any applicable codes.

(3) A mobile home shall be attached to a permanent foundation system in compliance with all applicable building regulations and Cal. Health and Safety Code § 18551.

(4) The Development Review Committee shall review the exterior aesthetic design of the mobile home to determine that the building will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed mobile home is located, and thereby will not cause irreparable economic damage to property in the neighborhood, to the city and to its citizens.

(5) The mobile home shall be covered with an exterior material customarily used on conventional dwellings and approved by the Development Review Committee. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. See also Chapter 15.32 for provisions relating to mobile home parks.

(6) The mobile home shall have a roof consisting of shingles or other material customarily used for conventional dwellings and shall be subject to Development Review Committee approval.

(7) The Development Review Committee may review specific architectural features of the mobile home that shall be limited to eaves, or roof with eaves, when in their opinion it is necessary to have it comparable with the dwellings in the area.

(8) A mobile home shall be subject to all provisions of the zoning ordinance applicable to residential single-family structures and be occupied only as a residential use type.

(9) Subsequent to applying for the required building permits, and prior to occupancy, the owner shall request a certification of occupancy be issued. Thereafter, any vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any mobile home which is permanently attached with foundation to the ground must bear a California insignia or federal label pursuant to Cal. Health and Safety Code § 18550(b).

(10) Prior to installation of a mobile home on a permanent foundation system, the mobile home owner or a licensed contractor shall obtain a building permit from the Department of Communally Development. To obtain such a permit, the owner or contractor shall comply with all requirements of Cal. Health and Safety Code § 18551(a).

(B) Mobile office units. Pursuant to the granting of a conditional use permit by the commission, mobile office units may be temporarily used in the NC, C-R/S, O/RD/LM, BE, M, P/QP and appropriate PD zones. The Commission shall approve the use for one year with the possibility of extensions up to a maximum of five years. The following conditions must be satisfied before a conditional use permit can be granted:

(1) The proposed use for the mobile unit shall be permitted in the zone in which it is to be located.

(2) All requirements of this title for development in the zone in which the mobile unit is to be located shall be satisfied.

(3) The mobile unit shall be compatible in appearance with surrounding structures and improvements.

(`83 Code, § 17.44.110) (Ord. 94-03 § 6, 1994)

Outside merchandise display in the HCD and PD 5 zones may be permitted subject to the following standards:

(A) Review and permit required. The Development Review Committee shall review all requests and approve, approve with conditions or deny all outdoor merchandise display permits. The Business License Officer shall issue all outdoor merchandise display permits approved by the Development Review Committee. Such permits shall be valid for one year, unless revoked.

(B) Renewal process. The Business License Officer shall renew the outdoor merchandise display permit if the outdoor merchandise display permit has been operated in compliance with this code and conditions of approval. The required insurance shall be submitted to the Business License Officer as part of the yearly renewal. If the business has not operated the outdoor merchandise display permit in compliance with this code or permit, the request shall be referred to the Development Review Committee for review and determination.

(C) The display shall be limited to a maximum of 50% of the length of the storefront. Doorways into the business shall not be blocked.

(D) Displays are limited to six feet in height.

(E) An outdoor business display shall be placed adjacent to and parallel to the subject business building. An outdoor business display shall not encroach upon the building frontage of an adjacent business.

(F) A minimum pedestrian clearance of 48 inches shall be maintained in unobstructed sidewalk area. The Development Review Committee may require more clearance based on the location of sidewalk obstructions and pedestrian traffic volumes.

(G) Displays shall not include signs or advertising materials.

(H) Applicants for an outdoor business display permit must sign an indemnification statement, holding the city harmless from any legal action resulting from placement of the display on the public sidewalk.

(I) Insurance in the amount determined by the city's Risk Manager (currently $1,000,000) shall be required, naming the city as an additional insured.

(J) An encroachment permit shall be obtained from the Department of Public Works.

(K) Displays must reflect an appropriate level of quality and design that contributes to the distinct identity of the downtown as an historic area. The displays are limited to artwork, pottery, flowers and other items that are representations of the merchandise related to the business, or other items determined by the Development Review Committee to be appropriate. Soft goods, tables with merchandise, clothing racks are prohibited.

(L) Displays must be removed at the close of each business day and must be maintained in a clean and attractive condition.

(Ord. 2002-08, § 15, 2002)

(A) Purpose. The purpose and intent of this section is to provide regulations for outdoor dining operated in conjunction with permanent commercial restaurant and food uses. The design of all furniture and related items placed outside should contribute in a positive way to the visual appearance of the community.

(B) The provisions of this section are applicable to outdoor dining located on or adjacent to public sidewalks as well as privately-owned walkways in shopping centers.

(C) Review and permit required. The Development Review Committee shall review all requests and approve, approve with conditions or deny all outdoor dining permits. The Planning Commission shall review, approve, approve with conditions or deny all requests for the serving of alcoholic beverages. The Business License Officer shall issue outdoor dining permits approved by Development Review Committee. Such permits shall be valid for one year, unless revoked as provided in this chapter.

(D) Submittal requirements.

(1) Outdoor-area site plan/table floor plan.

(2) Dining furniture and outdoor improvements (table size, material, umbrella size, type and landscaping).

(3) Type of portable delineation (i.e. post and rope).

(E) Renewal process. The Business License Officer shall renew the outdoor dining permit if the outdoor dining has been operated in compliance with this code and conditions of approval. The required insurance shall be submitted to the Business License Officer as part of the yearly renewal. If the business has not operated the outdoor dining in compliance with this code or permit, the request shall be referred to the Development Review Committee for review and determination.

(F) Outdoor dining requirements.

(1) Outdoor dining—no alcoholic beverages permitted. Outdoor dining permitted by this section shall be subject to the following standards:

(a) The owner shall provide clean, attractive, serviceable and sturdy furniture.

(b) Decorative umbrellas and tablecloths are encouraged.

(c) A minimum, unobstructed pedestrian clearance of at least 48 inches in width shall be maintained along the entire length of the sidewalk. The Development Review Committee may require more clearance area based on the location of sidewalk obstructions and pedestrian traffic volumes.

(d) Power washing shall be required for the outdoor dining area a minimum of one time per month. Any modification to this standard shall be reviewed and approved by the Public Works Director.

(e) Encourage attractive portable delineation of outdoor dining areas such as theater-style posts and swag roping, decorative picket fencing, potted plants, and the like.

(f) Consumption of alcoholic beverages in conjunction with outdoor dining as described in this section shall be prohibited.

(g) Minimum liability insurance as required by the city and naming the city as an additional insured shall be required and approved by the city's Risk Manager.

(h) No music or entertainment is permitted outdoors without separate approval from DRC.

(i) Outdoor dining furniture shall be placed to maintain a minimum clearance of at least 12 inches from the curb.

(j) Chairs and tables shall be arranged so as to be parallel to the sidewalk, in order to prevent chairs from encroaching into the required pedestrian clearance area on the sidewalk.

(k) Outdoor dining shall not be allowed next to the curb where there are parallel parking spaces. Where the street parking spaces are angled, sufficient access from the parking to the sidewalk shall be provided, as determined by the Director of Community Development, the Planning Commission, or the City Council.

(2) Outdoor dining—alcoholic beverages permitted. In addition to the requirements contained in division (F)(1) of this section, the outdoor dining businesses which allow the sale service or consumption of alcoholic beverages shall comply with the following:

(a) Business shall be approved by the city as a “Bona Fide Eating Place” as defined by ABC, and the business shall be operating as such.

(b) Provide attractive wrought iron or other approved furniture.

(c) Attractive portable delineation of outdoor dining areas such as theater-style posts and swag roping, decorative picket fencing, potted plants, and the like shall be required.

(d) Alcohol shall not be served after 11:00 p.m. Monday through Thursday and Sunday, and not past 12:00 midnight Friday and Saturday.

(e) Serving of alcoholic beverages in the outdoor dining setting must be accompanied by the sale of food based on the everyday dining menu. Alcoholic beverages cannot be sold or consumed in the outdoor dining area to a patron who is not seated or to anyone when the restaurant kitchen is closed.

(3) Miscellaneous. Outdoor dining improvements may be permanent and/or fixed to the ground in specified locations as determined by the Development Review Committee.

(G) Fees required. Outdoor dining permit and renewal fees shall be established by resolution of the City Council.

(H) Calls for review. The City Manager, Community Development Director, Public Works Director, and Police Chief may call up for review the outdoors dining permit of any business due to noncompliance with any of the conditions of approval.

(I) Revocation of outdoor dining permit. The Development Review Committee may revoke an outdoor dining permit. Violation of any of the following constitute ground for revocation:

(1) When the continuation of the outdoor dining permit would be contrary to the public health, safety or welfare.

(2) The misrepresentation of a material fact by an applicant in its application.

(3) Notice to make those corrections from the city. A nuisance shall include but not limited to loitering, littering, litter and poor site maintenance, public drunkenness, defacement and damaging of structures, pedestrian obstructions as well as traffic circulation and parking, noise problems on public sidewalks and streets.

(4) Violation of any condition of the outdoor dining permit.

(5) Violation of any municipal, state or federal laws.

(6) Poorly maintained outdoor dining premises (i.e. litter, poorly maintained improvements, and the like).

(J) Revocation hearing. At least seven days prior to the Development Review Committee revocation hearing, notice shall be mailed to the applicant.

(K) Appeals. Decisions of the Development Review Committee may be appealed to the Planning Commission within ten days after notification of the Committee's decision as mailed to the applicant. Decisions of the Planning Commission may be appealed to the City Council as provided in § 2.52.070 of this code.

(`83 Code, § 17.44.115) (Ord. 95-14 § 1, 1995; Ord. 98-01, § 1, 1998; Ord. 2002-08, §§ 6 - 9, 2002)

(A) Purpose. The purpose of this section is to encourage the orderly development of residential and commercial neighborhoods to further the present harmonious nature of Monrovia's built and natural environment and to maintain property values. It is the intent of this section to promote an orderly regulation of the appearance and location of transmitting antennae, not to prevent their placement. All regulations set forth here are not to be considered pre-emptive of federal regulations.

(B) Permits and review. All private transmitting antennae, including but not limited to amateur radio antennae and low-power television antennae, shall be located on a property pursuant to the guidelines set forth below. Such antennae may also require a building permit per Title 15.

(C) Any private transmitting antenna shall be reviewed by the Development Review Committee pursuant to the following guidelines:

(1) The antennae shall have a reasonable relationship with the height and massing of the main building on the site;

(2) The placement of the antennae and any support structures shall be such that visual clutter shall be minimized while affording reasonable transmitting and receiving capabilities;

(3) The use of collapsible or telescoping towers shall be considered when the use of such towers is limited and the retracted location, height and relationship meets the other review guidelines.

(D) Notice shall be given to adjacent property owners of date and time of the review hearing.

(`83 Code, § 17.44.120) (Ord. 94-03 § 6, 1994)

The provisions of this Title 17 shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the Public Utilities Commission, which uses are related to public utility purposes, of water and gas pipes, mains and conduits, electric light and power transmission and distribution lines, telegraph and telephone lines, sewers and sewer mains and incidental appurtenances. “Public utilities and services” does not include cellular telephone antennae.

(`83 Code, § 17.44.130) (Ord. 94-03 § 6, 1994)

Small recycling collection facilities which occupy an area of not more than 500 square feet are allowed as provided herein. Such facilities may include: a mobile unit, bulk reverse vending machines, or a grouping of reverse vending machines, kiosk-type units, and unattended containers placed for the donation of recyclable materials. The foregoing shall be reviewed by the Development Review Committee with respect to the following:

(A) Permitted only in conjunction with a supermarket defined as full-time, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods, or non-food items and some perishable items.

(B) Shall not occupy required parking spaces.

(C) Shall be maintained in a clean litter-free condition on a daily basis.

(D) Shall accept only beer, soda and malt beverage containers made of glass, aluminum, plastic, steel or other material in which beverage manufacturers may choose to package their products.

(E) Shall use no power-driven processing equipment except for reverse vending machines.

(F) Shall be reviewed with respect to conformance to the colors and themes of the host site.

(G) Shall be reviewed with respect to impacts on adjacent property including but not limited to noise, hours of operation, dust, fumes, and odor.

(H) Shall not impact the landscaping requirements of the local ordinance.

(I) Shall be screened from the public right-of-way; screening materials to be approved by the Committee.

(J) All signs shell be reviewed and approved by the Committee.

(`83 Code, § 17.44.140) (Ord. 94-03 § 6, 1994)

(A) A satellite receiving antenna shall be screened from public view pursuant to the standards set forth in §§ 17.12.040(C) and 17.16.030.

(B) Any satellite receiving antennae which exceeds three feet in diameter or six feet in height shall, in residential zones, be deemed an accessory building, and in all other zones be deemed a main building, which shall meet all height, setback and lot coverage requirements for the zone in which it is located, and for which a building permit shall be required. Concurrently with any building permit application, the applicant shall submit a precise plan of design, which shall include all of the following:

(1) A site plan of the subject property, showing property lines, abutting properties, all structures on the subject property as well as the adjacent properties, walls, setbacks, nearby streets, major vegetation, as well as the location of the proposed satellite receiving antennae;

(2) All affected exterior elevations and architectural features, the texture and color of all materials to be used for the proposed installation, including landscaping materials;

(3) A map and list showing all property owners by name and address that are affected by or adjacent to the subject property;

(4) Manufacturers' details and installation specifications, including remedial architectural treatment to improve or soften the appearance of the installation; and

(5) Written proof that all affected property owners have been notified and fully apprized of the proposed installation.

(C) When a precise plan of design is required under division (B) of this section, it shall be submitted to the Development Review Committee for review and approval prior to the issuance of a building permit. In reviewing the proposed plan, the Development Review Committee shall be guided by the following principles:

(1) Installation of the satellite receiving antennae, where feasible, should be located in the interior of a building, within a side or rear yard, on a roof if within a roof well or other location screened by a parapet wall, or other unobtrusive location on the property so as to reduce visual impact;

(2) The installation of all accessory equipment should be adjacent to the main unit;

(3) Support structures, security fencing and screening walls should be designed with architectural features and/or landscaping that harmonize with the elements and characteristics of the property;

(4) All ground-mounted satellite receiving antennae should be placed adjacent to main or accessory structures or other appropriate solid background in order to minimize visual impacts;

(5) All ground-mounted satellite receiving antennae in residential zones, with the exception of churches, schools and other quasi-public institutions, shall not exceed 15 feet in height; and

(6) All ground-mounted satellite receiving antennae in industrial, commercial, planned development, and public/quasi-public zones shall not exceed the height of 20 feet above grade level.

(D) The Development Review Committee shall review the precise plan of design to ensure that the functional arrangement and the general appearance of the installation conforms to the intent and requirements of this section. At its discretion, the Development Review Committee may refer a request to the Planning Commission for its consideration and decision. The Development Review Committee or the Planning Commission, as the case may be, shall approve the precise plan of design if it is found that the functional arrangement and general appearance of the installation conform to the intent and requirements of this section. Any decision or condition imposed shall not be applied in such a manner as to preclude reasonable signal reception or to impose costs on the applicant that are excessive in light of the purchase and installation cost of the satellite receiving antennae. The plan as submitted may be disapproved, conditionally approved or modified if it is found that the proposed design:

(1) Would substantially interfere with the quiet use and enjoyment of surrounding or adjacent properties;

(2) Would be substantially and materially incompatible with the natural environment and beauty of surrounding property;

(3) Would deter an orderly and attractive development of the community in general, and surrounding properties in particular;

(4) Would otherwise adversely affect the public peace, safety or general economic welfare; or

(5) Would not materially comply with the provisions of this section.

(E) No person shall install, either as owner or agent, or employee of an owner, or as an independent contractor of an owner, or otherwise, any satellite receiving antennae, any addition thereto or any modification thereof, without complying with the provisions of this section.

(`83 Code, § 17.44.150) (Ord. 94-03 § 6, 1994)

(A) Purpose. The purpose of this section is to provide minimum standards for the orderly development of housing units designed expressly for senior citizens consistent with established community values and policies.

(B) Use permit required. Senior citizen housing shall be permitted only in those zoning districts which designate such housing as a permitted conditional use. These standards are intended to be imposed on all conditional use permits approved for senior citizen housing and represent the minimum compliance necessary for approval.

(C) Definitions. As used in this section:

CONVALESCENT HOME OR NURSING HOME/REST HOME. Premises operated as a boarding home, and in which nursing, dietary and other personal services are furnished to convalescents, invalids, and non-ambulatory aged persons. It does not include premises in which persons suffering from a mental sickness, disease, disorder or ailment or where surgical or other primary treatments are performed, such as are customarily provided in sanitariums or hospitals or in which persons are kept or served who normally would be admissible to a mental hospital.

SENIOR CITIZEN. A person 55 years of age or older residing in a senior citizen housing development.

SENIOR CITIZEN HOUSING; CONGREGATE CARE. A senior citizen housing development having a common dining facility and limited kitchen facilities in the individual living units.

SENIOR CITIZEN HOUSING; INDIVIDUAL LIVING. A senior citizen housing development comprised of independent self-contained dwelling units having one or more rooms with private bath and kitchen facilities.

(D) Minimum dwelling unit size. The following minimum dwelling unit size standards shall apply to all senior citizen housing developments;

(1) Congregate care senior housing:

(a) Studio apartment: 350 square feet;

(b) One-bedroom apartment: 400 square feet;

(c) Two-bedroom apartment: 550 square feet.

(2) Convalescent home: as prescribed by state law.

(3) Individual living senior housing:

(a) One-bedroom: 450 square feet;

(b) Two-bedroom: 600 square feet.

(E) Parking. The following minimum parking standards shall apply to all senior citizen housing developments:

(1) Congregated care senior housing: one parking space for every four beds/non-enclosed.

(2) Convalescent home: one unenclosed space for every five beds.

(3) Individual living senior housing/apartments and condominiums: one space per unit and one guest space for every ten units. A development with less than ten units shall not be required to provide guest parking. A minimum of 75% of the spaces shall be in carports or garages.

(F) Location. With the exception of convalescent homes and congregate care facilities, senior citizen housing developments shall be located within reasonable proximity to the following services: food store, drugstore, transit stop, beauty parlor, barber shop, bank, restaurant, and post office. In lieu thereof, the project shall provide a van or minibus on a daily basis and free of charge to all project residents.

(G) Interior improvements. With the exception of convalescent homes, which shall be governed by state law, all units subject to this section shall be provided with the following interior improvements:

(1) Bathrooms. Bathrooms shall have grab bars provided around the bathroom stools and shower/tub areas. Shower/tubs shall be of a type with lowered sides to ease the step-over.

(2) Doorknobs and faucets. Doorknobs and faucets shall be of a type to offer easy operation by persons with limited physical disabilities such as arthritis.

(3) Laundry facilities. All individual living senior housing projects shall provide laundry facilities adequate to accommodate the number of units proposed within the project. The minimum number shall be one washer and one dryer per every nine units; however, in no case shall there be less than two washers and dryers provided in a project.

(4) Storage. All individual living senior housing projects shall provide for each unit a storage space. The location of the storage shall be external of the living unit.

(5) Stairs. With the exception of convalescent homes, which shall be governed by state law, all stairs for any development shall be designed to meet the needs of seniors. Double banisters shall be provided on all stairways.

(H) Processing. The following development processing procedures shall be applicable to all projects governed by this section:

(1) The applicant for a conditional use permit under this section shall present to the Planning Commission competent evidence, and the Planning Commission shall, before granting a conditional use permit under this section, find upon the evidence presented, that there is a need for additional housing for the seniors within the community, and that the housing for which a conditional use permit is requested under this section will meet at least in part such need for housing for the seniors.

(2) No one other than a senior person shall be the principal occupant or lessee of a unit constructed in accordance with this section. No person shall permit any person to violate this section. No person shall rent any housing for which a conditional use permit is required by this section to any person who unlawfully occupies the same in accordance with the provisions of this section.

(3) Before any conditional use permit granted pursuant to this section shall become effective, the owner of the property shall execute and record a covenant, approved as to form by the City Attorney, and by its terms binding upon the heirs, successors and assigns of the owner, requiring that all housing on the property be occupied solely by senior persons in accordance with the terms of this section.

(4) Before any conditional use permit granted pursuant to this section shall become effective, the owner of the property shall execute a development agreement which may include but not be limited to the following:

(a) Require all housing on the property be occupied solely by a senior person or persons as principal occupant or lessee in accordance with the term of this section;

(b) Require the developer to prepare a plan for property management and maintenance on a continuing basis approved by the city;

(c) Off-street parking provisions; and

(d) Restrictions relating to total number of units.

(`83 Code, § 17.44.170) (Ord. 94-03 § 6, 1994; Ord. 95-05 § 9, 1995; Ord. 2016-08 § 16, 2016)

(A) Generally. No building permit shall be issued for any service station unless the conditions set forth below are met.

(B) Lot area. Each lot shall have a minimum area of 14,000 square feet.

(C) Lot width. Each lot shall have a minimum width of 120 feet on that street or those streets which is or are classified as a part of the “Select System of Roads and Streets”, as defined by the Cal. Streets and Highways Code, but in no event can the dimension along the intersecting street be less than 90 feet.

(D) Setbacks.

(1) There shall be a minimum setback for any building of ten feet from any property line, except where the lot line of the property involved abuts a public alley and a masonry wall is erected pursuant to division (J)(3) of this section or a building is constructed adjacent to such alley.

(2) Gasoline pumps, or other facilities for providing vehicles with gasoline, and pump islands on which they are placed shall be set back 15 feet from any property line.

(E) Access.

(1) Each developed site shall have not more than two accessways (driveways) to any one street.

(2) Accessways shall have a minimum of five feet of full-height curb from adjoining residential property lines.

(3) No driveway shall exceed a width of 35 feet.

(4) There shall be a minimum distance of 22 feet of full-height curb between cuts along the street frontage.

(F) Parking.

(1) Off-street parking shall be provided as required in Chapter 17.24. In addition, one parking space shall be provided at all times for each employee on duty.

(2) No parking of commercial vehicles over 6,000 pounds shall be permitted between 10:00 p.m. and 6:00 p.m. within 15 feet of an abutting residential zone.

(G) Signs. All signs shall conform and comply with the regulations and procedures outlined in Chapter 17.28 of this code.

(H) Landscaping.

(1) Minimum five-foot wide planters shall be located and maintained adjacent to every street frontage except for driveways or curb cut openings.

(2) A minimum of 100 square feet of planting area shall be located and maintained at the intersection of two property lines at a street corner.

(3) All planting areas shall be separated from abutting paving by minimum six-inch-high curb walls.

(4) All landscaped areas shall have a permanent automatic irrigation system and such areas shall be planted and maintained.

(I) Outside lighting.

(1) All outside lighting shall be so arranged and shielded as to prevent any glare or reflection, nuisance, inconvenience, or hazardous interference of any kind on adjoining streets or property.

(2) All outside lights and signals, except for those necessary for security lighting, shall be turned off when the station is not in operation.

(J) Screening.

(1) Entrances to all rest rooms shall be screened from view of adjacent properties or street rights-of- way by decorative screening six feet high. Bottom of screen shall be raised 18 inches above grade for visibility and ventilation.

(2) All outside trash, garbage, refuse and storage areas shall be completely enclosed by solid decorative masonry walls, with necessary gates constructed with approved screening materials, not less than five feet in height. Provisions for adequate vehicular access shall be provided to and from such areas for collection of trash.

(3) Where the rear property line abuts a public alley, there shall be erected a five-foot masonry wall dividing the service station property from the alley.

(K) Hours of operation. Restrictions may be placed on business hours depending on location and scope of operation.

(L) Utilities. Utilities service to all structures, including signs, shall be installed underground.

(M) Retail sales.

(1) Unless approved as a service station mini-market no other merchandise shall be sold other than convenience items such as soft drinks and cigarettes typically sold from dispensing machines or from the cashier's counter and does not exceed 10% or 40 square feet of the building's floor space (excluding garage and rest room areas).

(2) The establishment of a service station mini-market requires securing a conditional use permit. A service station mini-market occupies a building floor space (excluding garage and rest room areas) that typically exceeds 10% or 40 square feet in area and sells both non-perishable and perishable goods primarily for the service station customers convenience.

(N) Car wash. Self-serve or semi-self-serve car wash facilities that are incidental to the service station operation. The addition of a car wash facility to an existing facility shall require an amendment to the conditional use permit or require a new conditional use permit if one does not exist.

(`83 Code, § 17.44.180) (Ord. 94-03 § 6, 1994; Ord. 95-05 § 10, 1995; Ord. 2000-08 § 2, 2000)

(A) Indoor swap meets may be operated in the M and selected PD zones, if a conditional use permit is issued. Indoor swap meet uses are prohibited in all other zones.

(B) Submittal of plans. The applicant shall submit a floor plan of the proposed indoor swap meet showing the number, size, location and design of lease space, aisle widths, access points, location of rest rooms, merchandise loading doors, and any other pertinent information required by the city. The applicant shall also submit a sign plan or identification of individual vendor spaces.

(C) Interior design control. The location and design of the lease areas, aisle widths, access points, and other aspects of the interior design shall meet city and state fire and building code requirements. The lease spaces shall not be less than ten feet by ten feet with minimum aisle widths to be determined by the Fire Department and Development Review Committee.

(1) There shall be overall design consistency for the interior of the indoor swap meet. Colored elevations showing the colors, textures, and materials for all common areas, vendor areas, and aisles shall be approved by the Development Review Committee. The lease spaces shall be constructed from a uniform material approved by the Development Review Committee with individual pre-wired electrical boxes provided. All walls, ceilings and floors in lobbies, vendors spaces, and aisle areas shall be freshly painted or sandblasted, of new material, or otherwise in a newly finished condition prior to occupancy. All stall spaces shall have permanently mounted fixtures.

(2) Separate rest rooms for men and women shall be provided on the premises inside the building and shall be open to the public free of charge. Maintenance during opening hours shall be provided for continuous clean-up of the rest rooms, snack bar areas, and aisles.

(D) Parking. Indoor swap meets shall comply with all of the following parking requirements:

(1) The standard parking requirement set forth in this code for shopping center retail uses;

(2) In addition to the parking requirement of division (D)(1) above, at least an extra two parking spaces per partitioned lease space;

(3) In addition to the parking requirements of divisions (D)(1) and (2) above, parking for swap meet management and maintenance personnel equal to 10% of customer parking.

(E) Merchandise loading. A designated merchandise loading door shall be established which is not visible from the street. All unloading and loading shall take place during closing hours and the applicant shall designate specific days and hours for these tasks.

(F) Security.

(1) The Planning Commission shall determine the required number of uniformed security personnel by looking at factors which include, but are not limited to crime in the area, size of the building, interior layout of the building and number of vendors.

(2) The building shall be equipped with a burglar alarm. A public address system shall also be required if the Planning Commission determines after looking at factors which include, but are not limited to the size of the building and the number of vendors, that it is necessary for safety or other reasons. However, no loud speaker or sound equipment shall be used in the building which can be heard from the exterior of the building.

(3) The Planning Commission shall determine the required level of parking area lighting after looking at factors which include, but are not limited to crime in the area, size of parking area and other factors.

(G) Prohibited sales. No outdoor sales shall be allowed, including but not limited to plants and cars. No wholesaling shall be permitted. The following items shall not be sold at an indoor swap meet:

(1) Firearms, ammunition, explosives, fireworks or other weaponry;

(2) Auto parts, oil or similar fluids, hubcaps, wheels, batteries or tires;

(3) Fish or any type of animals, including birds and reptiles;

(4) Alcoholic beverages.

(H) Prohibited uses. The following items and their related activities shall not be permitted on the premises of any indoor swap meet:

(1) Pool or billiard tables;

(2) Video machines;

(3) Dance and entertainment areas.

(I) On-site manager. After looking at factors which include, but are not limited to size of the building and number of vendors, the Planning Commission shall determine whether an on-site manager is required.

(J) Vendor obligations. The applicant shall require each vendor to do as follows:

(1) Each vendor shall maintain a record of sales transactions with numerical sequence of receipts. The vendor shall give each customer a copy of the receipt for that transaction. The vendor shall permit inspection of such records by the city or its authorized agent.

(2) Each vendor shall comply at all times with California law regarding the collection of sales taxes for each sales transaction, and designate its location in the city as the point of sale for each transaction which is in whole or part negotiated at the vendor's sales area.

(3) Each vendor shall read and agree to comply with the conditions contained in the conditional use permit.

(K) Theme shopping uses.

(1) Definition. A THEME SHOPPING USE is where the retail uses sharing the same facility sell merchandise of the same type and characteristic, and are related in kind, including but not limited to antique malls, jewelry malls, and other uses as identified by the Development Review Committee and Planning Commission.

(2) Conditions. Theme shopping uses shall be subject to the same conditions as indoor swap meets, except that a conditional use permit may be granted for a theme shopping center in the C-RS, NC, or HCD zones, as well as with a conditional use permit in the M and selected PD zones.

(L) Snack bars/restaurants. After considering factors which include, but are not limited to size and location of building, available parking, interior configuration of building, and estimated crowd size, the Planning Commission shall determine whether a snack bar or restaurant may be located within the building. Based on these same factors, the Planning Commission shall also determine the type of food that can be sold, the size of the facility, the facility's location, the arrangement of seating, and other restrictions necessary to preserve the health and safety of the swap meet patrons.

(`83 Code, § 17.44.190) (Ord. 94-03 § 6, 1994)

(A) Purpose. The purpose of this section is to establish an appropriate review process for tattoo establishments and to mitigate any adverse conditions or impacts associated with such establishments.

(B) Definitions. For purposes of this section, the following terms are defined as follows:

TATTOO. The act of placing an indelible mark or figure upon the human body by insertion of pigment under the skin or by production of scars. The term TATTOO shall not include the term PERMANENT MAKEUP," as defined in § 17.08.030 of this code.

TATTOO ESTABLISHMENT. Any establishment that applies tattoos or provides tattoo services as a primary or accessory use.

(C) Conditional use permit required. Tattoo establishments located in the zones specified in § 17.08.010 shall obtain a conditional use permit from the Planning Commission in accordance with the procedures set forth in §§ 17.52.230 through 17.52.320 of this code.

(D) Minor conditional use permit required for tattoo establishments that are an accessory use in the Historic Commercial Downtown (HCD) zone. A tattoo establishment shall be allowed as an accessory use in connection with retail (indoor) and service commercial uses, in the Historic Commercial Downtown (HCD) zone specified or in § 17.14.020, provided that 20% or less of the business floor area of the primary use is used by the tattoo establishment and a minor conditional use permit has been approved by the Development Review Committee for the tattoo establishment pursuant to Chapter 17.52 of this code.

(1) Standards and conditions specific for tattoo establishment services as an accessory use. In addition to the following conditions, the Development Review Committee shall have the ability to modify and/or add conditions based on the review of each application.

(a) The applicant shall submit proof of consent from the property owner and primary business owner for the tattoo establishment.

(b) Tattoo establishment operations shall be located within the rear 50% of the primary business floor area.

(c) The visibility of the tattoo establishment shall be minimized from the street level.

(d) The tattoo establishment shall be limited to one tattoo station, and the station shall be visibly minimized within the interior floor area of the primary use.

(e) In the event that the primary use ceases to operate for 30 days, the minor CUP for the tattoo establishment shall become null and void.

(f) The tattoo establishment shall operate within the same hours of operation as the hours of operation of the primary use.

(E) Conditions for tattoo establishments services approved with a conditional use permit or a minor conditional use permit. In addition to the following conditions, the Planning Commission or Development Review Committee shall have the ability to modify and/or add conditions based on the review of each application. Standard conditions for tattoo establishments are as follows:

(1) The business shall comply with all standards and regulations of any state, county, and local laws and any applicable standards of the County of Los Angeles Department of Public Health.

(2) The approved floor plan is an integral part of the decision approving the conditional use permit or minor conditional use permit. All changes to the approved floor plan are required to be reviewed by the Planning Commission or Development Review Committee.

(3) Approval of the request does not constitute a business license. A business license is required and shall be obtained prior to commencement of business operations.

(4) All areas where the tattoo establishment is approved shall be available for inspection by the Police Department during all business hours.

(Ord. 2018-03 § 8, 2018)

The provisions of this Title 17 shall not be so construed as to limit, or interfere with the temporary occupation of land for the storage of vehicles, supplies, materials or related items or purposes, in connection with the construction or reconstruction, installation, demolition, repair of maintenance of streets, pipes, conduits, flood-control devices or of buildings or structures, provided that the consent of person owning, occupying, or having control of the land is obtained, and the Council first grants its permission for a stated limited time, which may be extended for good cause shows. The Council may impose such conditions for the granting of such permission as it may deem appropriate.

(`83 Code, § 17.44.200) (Ord. 94-03 § 6, 1994)

(A) Purpose. The intent and purpose of this section is to ensure quality publicly accessible telephone service while establishing standards for their installation and operation which minimizes potential public nuisances such as loitering, solicitation and other criminal activity. This section does not apply to public telephones located in an enclosed building.

(B) Review and approval. The Development Review Committee shall review all requests for publicly accessible telephones to be placed outside an enclosed place of business.

(C) Criteria for approval. The Development Review Committee shall approve installation of publicly accessible telephones subject to the following criteria:

(1) Such telephones may not be placed in the HCD Zone.

(2) Such telephones may not be placed on properties which are located within a residential zone or a planned development zone designated for residential development. Such telephones shall be placed no closer than 100 feet from a residential zone.

(3) Placement of outdoor telephones shall be such that they do not create a safety hazard; are not disruptive to the business operation and/or surrounding uses; and provide attractive improvements that do not detract from its surroundings.

(D) Submittal requirements. The following information shall be provided by the applicant.

(1) A site plan showing the location of the proposed publicly accessible telephones.

(2) An elevation of the proposed telephone design, including lighting, colors and signs.

(3) The name of the business owner and the name, address and contacts for the proposed telephone vending company responsible for billing, maintenance and installation of such telephone(s).

(E) Development standards. The installation and maintenance of outdoor telephones shall be subject to the following standards.

(1) Maximum number of such telephones at any one location shall not exceed two.

(2) All such telephones shall be maintained in a clean, neat, and damage-free operable condition at all times.

(3) All such telephones shall be installed and operated in accordance with applicable state and federal law.

(4) All such telephones made incapable of receiving incoming calls shall be posted as such.

(5) Telephones shall be placed in close proximity to the place of business.

(6) The phone area and any immediate area providing access to the telephone shall be well lighted, but not so that it creates a nuisance to surrounding properties, business, or traffic.

(7) Such telephones style/mounting shall be approved by the Development Review Committee.

(8) Any other measures as may be required by the Development Review Committee to maintain public health, safety and welfare (i.e. lighting, signs).

(F) Incoming call blocking. If the operation of any such telephone constitutes a nuisance to the public by way of allowing incoming calls as determined by the Development Review Committee based on police reports, service calls and general complaints, incoming calls shall be ordered blocked. Such order shall be sent to the owner or operator and compliance shall be within ten days. The owner or operator of such telephone shall be notified of the Development Review Committee hearing at least ten days prior to the date of the meeting.

(G) Exemption. Telephones installed by a public agency as a public convenience are exempt from the provisions of this section.

(H) Nonconforming telephones.

(1) All publicly accessible telephones which do not meet the requirements of this chapter are hereby deemed nonconforming.

(2) All nonconforming publicly accessible telephones shall be removed or modified to conform to this section within six months, beginning on the effective date of this section.

(I) Revocation. Failure to comply with any provisions of this section shall be grounds for removal of the outside telephone(s). The owner of the business shall be notified in writing of the failure to comply.

(`83 Code, § 17.44.205) (Ord. 96-03 § 1, 1996)

(A) In the RM and RH zones, with the approval of a conditional use permit, a lot, the side or rear lot line of which abuts a commercial, manufacturing, public/quasi-public or planned development zone may be developed for parking lot purposes, if all of the criteria set forth in this section are met.

(B) Any transitional parking use shall be subject to the following requirements, in addition to any conditions imposed upon the approval of the conditional use permit:

(1) The parking lot shall be contiguous to the building or use.

(2) All street parking areas shall be screened so as to minimize the visual effect from the street. The side or rear boundary line of the residential lot shall be screened by a six-foot high masonry wall. In addition, appropriate landscaping treatment may be required along such boundary to minimize the visual impact upon, or provide security to any affected residential use. The street setback area shall be landscaped and screened with either a wall constructed of concrete, stone, brick or a similar solid masonry material, or a berm including grass or plant material.

(3) If the parking lot is lighted, such lighting shall be designed, arranged and installed so as to confine direct rays onto the premises and to direct light away from adjoining properties.

(4) Landscape and irrigation plans, including the type and location of plant materials, shall be submitted with the application for a conditional use permit. Landscaping shall be distributed throughout the parking lot in addition to the required street setback landscaping.

(5) All development shall be subject to the requirements set forth in Chapter 17.24 of this code.

(6) Whenever a conditional use permit for transitional parking is approved by the Planning Commission, a written report of such action shall be forwarded to the City Council. The report shall be for the Council's information only, unless the matter is also appealed, in which event the Council shall proceed to decide the appeal as in any other case.

(C) Any person holding a conditional use permit for a transitional parking lot use shall have the continuing responsibility to minimize the impact of the parking lot use on adjoining and neighboring residential uses. Problems created by noise, odors, litter, light or glare attributable to the parking lot use that adversely affect neighboring residential properties are hereby declared to be a public nuisance and shall constitute grounds for revocation of the conditional use permit.

(`83 Code, § 17.44.210) (Ord. 94-03 § 6, 1994)

(A) The development of small wind energy systems shall be permitted in any zone on lots one acre or greater in size. For the purposes of this section, SMALL WIND ENERGY SYSTEM shall mean a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity, as defined under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission, and which is used primarily to reduce on-site consumption of utility power. Any wind energy system installed pursuant to this section must have a turbine approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Commission's Renewable Investment Plan or certified by a national program recognized and approved by the California Energy Commission.

(B) Conditional use permit. All wind energy systems including related structures shall be reviewed and approved by the Planning Commission through the issuance of a conditional use permit. The applications for a conditional use permit shall comply with the procedures set forth in Chapter 17.52. Notwithstanding the notice provisions of § 17.52.320(E)(2), notice of any application for a conditional use permit for a wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located. Each wind energy system shall comply with the following:

(1) Tower height. Tower height means the height above grade of the fixed portion of the tower, excluding the wind turbine. Tower height shall be measured from lowest finish grade. For parcels between one acre and five acres in size, tower height shall be no more than 65 feet. For parcels greater than five acres, tower height shall be no more than 80 feet. Under no circumstances may the height of a tower exceed the height recommended by the manufacturer or distributor of the system. The application shall include evidence that the proposed height of the system does not exceed the manufacturer's recommended height for the system.

(2) Minimum setbacks. At a minimum, the wind energy system shall be set back from any property line a distance equal to the height of the system, provided that such setback(s) comply with applicable fire setback requirements pursuant to Cal. Public Resources Code § 4290 or its successor.

(3) Noise. Noise levels for the system shall be no greater than either 60 decibels, measured at the closest neighboring inhabited dwelling or any existing maximum noise levels in the general plan, whichever is lower.

(4) Standard drawings required. The application shall include standard drawings and an engineering analysis of the tower showing compliance with the Uniform Building Code (UBC) or the California Building Standards Code (BSC), and certification by a professional mechanical, structural or civil engineer licensed by the State of California.

(5) Safety standards. The application must demonstrate that the system is designed to meet the most stringent wind requirements (as established by the UBC), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.

(6) Additional requirements. The system shall comply with all applicable requirements imposed by the Federal Aviation Administration and the California Aeronautics Act.

(7) Electrical requirements. The application must include a line drawing of the electrical components of the system in sufficient detail to show that the manner of installation conforms with the National Electric Code.

(8) The system shall be used primarily to reduce onsite consumption of utility power.

(9) A wind energy system shall not be permitted on any site that is listed on the National Register of Historic Places or the California Register of Historical Resources pursuant to Cal. Public Resources Code § 5024.1.

(10) A wind energy system shall not be permitted on any parcel that is part of an Open Space Easement entered into pursuant to Cal. Civil Code Division 2, Part 2, Chapter 4 (commencing with § 815).

(11) A wind energy system shall not be permitted on any parcel that is part of an open space easement entered into pursuant to the Open Space Easement Act of 1974, Cal. Gov't Code Title 5, Division 1, Chapter 6.6 (commencing with § 51070).

(12) A wind energy system may not be mounted on the roof of any residential structure. Any wind energy system mounted on the roof of any commercial or industrial structure shall comply with the requirements of this section and § 17.16.030 (H).

(13) A wind energy system shall not adversely affect a view from another property or create other adverse aesthetic impacts on adjacent properties.

(14) A wind energy system shall comply with all applicable development standards for the underlying zone in which it is located, including landscaping and screening requirements, to the extent such standards do not conflict with any of the provisions of this section.

(Ord. 2002-06 § 4, 2002)