Chapter 11.40 — ADULT-ORIENTED BUSINESSES

It is the purpose and intent of this chapter to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult

businesses, while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(Ord. 06-873 § 2(a))

The provisions of this chapter shall apply to all adult-oriented businesses in C-3, M-1 and M-2 zoned properties subject to review and approval by the City for conformance with development standards.

(Ord. 99-791 Exh. A (part); prior code § 9-6.401)

In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this chapter and Chapters 4.52 and 4.53, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail.

Adult arcade means a business establishment to which the public is permitted or invited and where coin, card, or slug-operated or electronically, electrically, or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices, or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

Adult booth/individual viewing area means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:

1.

Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas";

2.

Where "adult arcade devices" are located.

Adult business means:

1.

A business establishment or concern that, as a regular and substantial course of conduct, operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, or adult modeling studio;

2.

A business establishment or concern that, as a regular and substantial course of conduct, offers, sells or distributes "adult-oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by State law.

Adult cabaret means a business establishment (whether or not serving alcoholic beverages) that features "adult live entertainment."

Adult cabaret dancer means any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." "Adult cabaret dancer" does not include a patron.

as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." "Adult cabaret dancer" does not include a patron.

Adult hotel/motel means a "hotel" or "motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed-circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas."

Adult live entertainment means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer (including but not limited to topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas"; and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

Adult modeling studio means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California.

Adult motion picture theater means a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically generated reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult-oriented material means accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof, that is distinguished or characterized by its emphasis on matter depicting, describing

or relating to "specified sexual activities" or "specified anatomical areas." "Adult-oriented material" shall include "sexually oriented merchandise."

Adult retail store means a business establishment having as a regular and substantial portion of its stock in trade "adult-oriented material."

Establishment of an adult business means any of the following:

1.

The opening or commencement of any "adult business" (as defined above) as a new business;

2.

The conversion of an existing business, whether or not an "adult business," to any "adult business";

3.

The addition of any "adult business" to any other existing "adult business";

4.

The relocation of any "adult business";

5.

Physical changes that expand the square footage of an existing "adult business" by more than 10 percent.

Owner/license holder means any of the following: (1) the sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) the owner of a controlling interest in a corporation or limited liability corporation (LLC) that owns and operates an adult business; or (4) the person designated by the officers of a corporation or the members of an LLC to be the license holder for an adult business owned and operated by the corporation.

Performer means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides "adult live entertainment" for patrons of an "adult business."

Sexually oriented merchandise means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Specified anatomical areas means and includes any of the following:

1.

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:

a.

Genitals, pubic region,

b.

Buttocks, anus,

c.

Female breasts below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

Specified sexual activities means and includes any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

1.

Human genitals in a state of sexual stimulation, or arousal;

2.

Acts of human masturbation, sexual stimulation, or arousal;

3.

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;

4.

Masochism; erotic or sexually oriented torture, beating, or the infliction of pain; or bondage and/or restraints;

5.

Human excretion, urination, menstruation, vaginal or anal irrigation;

6.

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(Ord. 06-873 § 2(b))

A.

Adult-oriented businesses shall only be permitted within the C-3, MIP, M-1 and M-2 zoning districts within the City.

B.

The designated areas within the C-3, MIP, M-1 and M-2 zoned areas upon which adult-oriented businesses may be located is described herein as the following areas within the incorporated City limits:

An area bounded on the north side by Brooks Street and the extension of Brooks Street; on the east by a line 600 feet parallel to and west of Central Avenue; on the south by a line 600 feet south of and parallel to State Street, except those areas presently within the unincorporated area of the County of San Bernardino; and on the west by the City limits in the area south of State Street and by the San Antonio Flood Control easement in the area north of State Street; also excluded are properties located within 300 feet east or west from the right-of-way lines of Ramona and Monte Vista Avenues.

(Prior code § 9-6.403)

11.40.060 - Amortization schedule of nonconforming adult-oriented businesses.

A.

Any adult-oriented business which becomes nonconforming after the effective date of the ordinance codified in this chapter shall be granted an amortization schedule to continue business operation for a period not to exceed two years from the effective date of the ordinance codified in this chapter.

B.

Any adult-oriented business located in any territory annexed to the City shall comply with the provisions of this chapter. If such use is found to be nonconforming to this chapter at the time of annexation, the twoyear amortization schedule shall begin on the effective date of such annexation.

C.

The Director of Community Development shall cause official notification to be sent to the legal property owner of record as it appears on the County tax roll by U.S. registered mail, stating the nonconforming status of such adult-oriented business on the property as well as the start of the amortization schedule. If the operator of such business is different from that of the legal property owner, additional notification shall be sent to the business operator by U.S. registered mail.

D.

No legal nonconforming adult business shall be allowed to be expanded, enlarged, modified, relocated or converted into another adult use without first securing an adult business license from the Director of Community Development in accordance with Chapter 4.53 of this Code.

E.

Should any legal nonconforming adult-oriented business cease operation for a period exceeding six consecutive months within the two-year amortization period, said use shall be deemed to forfeit its legal

nonconforming status and shall not be continued or reopened at said location.

F.

Upon the conclusion of the two-year amortization schedule, any legal nonconforming adult-oriented business shall cease all business operation and shall remove all signs, advertising and displays relating to said business within 30 days of City notification.

(Ord. 06-873 § 2(d); Ord. 99-791 Exh. A (part); prior code § 9-6.405)

Chapter 11.42 - ALCOHOLIC BEVERAGES—REGULATION OF SALE

Sections:

A.

The City Council finds and determines that business establishments and organizations engaged in the sale of alcoholic beverages for consumption on-premises or off-premises frequently generate or contribute to problems which adversely affect the health, peace or safety of the City's residents, property owners, businesses, visitors and workers. Such problems include, but are not limited to, loitering, obstruction of pedestrian and vehicular traffic, defacement of buildings and structures, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, excessive littering, illegal parking, excessive loud noises especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, police detentions or arrests, and the deterioration of neighborhoods and discouragement of other businesses from locating in the vicinity of such establishments and business premises.

B.

The purpose of this chapter is to protect the health, safety and welfare of the community by:

1.

Imposing restrictions on the location of such establishments in relation to one another and in relation to certain public and private facilities and structures; and

2.

Requiring that each such establishment or organization obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages.

(Ord. 99-791 Exh. A (part); prior code § 9-6.901)

11.42.020 - Sales of alcoholic beverages—Conditional use permit (CUP) required.

Notwithstanding any provisions to the contrary contained in this title, a CUP shall be required for all sales of alcoholic beverages within the boundaries of the City, whether for consumption on-site or off-site with the

following exception:

Any temporary public assembly relating to an event or activity where an alcoholic beverage is to be sold, served, given away, or consumed and which involved the rental, lease, donation or other temporary acquisition and occupation of a building shall be regulated by an entertainment permit granted by the Police Department.

(Prior code § 9-6.903)

11.42.030 - Area of application.

This chapter applies to:

A.

Establishments that do not currently sell, but propose to sell, alcoholic beverages;

B.

Establishments that currently sell alcoholic beverages but which propose to change the type of alcoholic beverages to be sold, thus necessitating a change in the type of retail liquor license within a license classification;

C.

Establishments that currently sell alcoholic beverages, whether as an existing nonconforming use or pursuant to a CUP, if there is a substantial change in the mode or character of operation of the establishment, which includes but is not limited to:

1.

A 10 percent increase in floor area,

2.

An increase of 25 percent in the seating capacity of any bona fide public eating place operated as a restaurant,

3.

An increase of 25 percent in the shelf area used for the display of alcoholic beverages;

D.

Establishments which have been abandoned or have discontinued operations for a period of six months or more. The burden of proof shall be upon the applicant to substantiate when such establishment was in operation.

(Ord. 99-791 Exh. A (part); prior code § 9-6.904)

11.42.040 - Conditional use permits for on-sale liquor establishments.

A.

Conditional Use Permit (CUP) Required. Any land use which is identified in any chapter of this title as a permitted use and which authorizes a business enterprise to engage in the retail sale of alcoholic beverages as an on-sale liquor establishment, such as a restaurant operating as a bona fide public eating place, a cocktail lounge, or a beer bar, shall be permitted only upon such conditions as the Planning Commission or, on appeal, the City Council deem necessary and appropriate, which shall include the mandatory condition set forth in subsection C of this section, as applicable.

B.

Restrictions on Concentration of Certain On-Sale Liquor Establishments. No CUP shall be issued for an onsale liquor establishment, and no application for such CUP shall be accepted, unless the proposed on-sale liquor establishment meets the location and distance requirements set forth herein. If the on-sale liquor establishment is a cocktail lounge, beer bar, or similar business enterprise which proposes to conduct business operations under a Type 40, Type 42, or Type 48 license issued by the California Department of Alcoholic Beverage Control, said on-sale liquor establishment shall be located at least 500 feet from any existing church, temple or other place of worship, school, hospital, park or playground. Said distance shall be measured from property line to property line of the parcels involved.

C.

Mandatory Conditions of Approval. The following mandatory conditions shall be imposed on any CUP issued under this section:

1.

The premises shall be maintained at all times in a neat and orderly manner.

2.

Trash receptacles shall be provided in such number and at such locations as may be specified by the Planning Commission.

3.

No alcoholic beverages shall be sold, dispensed or offered for consumption except within the permitted premises, which shall consist of a wholly enclosed building, except as otherwise permitted by the Planning Commission.

4.

The exterior appearance of the permittee's premises shall be designed and maintained in a manner consistent with the exterior appearance of commercial properties already constructed or under construction within the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood.

The permittee shall comply with all State statutes, rules and regulations relating to the sale, purchase, display, possession and consumption of alcoholic beverages.

6.

The permittee shall acknowledge and agree that the City has a legitimate and compelling governmental interest in permittee's strict compliance with all conditions imposed upon the permit, including adherence to State statutes, rules and regulations as specified in subsection (C)(5) of this section. The permittee shall further acknowledge and agree, in writing, that any violation of a State statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determined by the City to have a deleterious secondary effect upon:

a.

The specific land use requested by the permittee and authorized by the City;

b.

The compatibility of permittee's authorized land use with adjacent land uses;

c.

The welfare and safety of the general public within the City.

In view of such deleterious secondary effects, permittee shall acknowledge that the City has specif ically reserved the right and authority to impose sanctions, including suspension or revocation of the CUP, as a consequence of one or more violations of a State statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor.

7.

The permit shall, after notice to the permittee and an opportunity to be heard, be subject to the imposition of such additional conditions as may be reasonable and necessary to address problems of land use compatibility, security, or crime control that have arisen since the issuance of the permit.

(Prior code § 9-6.905)

11.42.050 - Conditional use permits for off-sale liquor establishments.

A.

Conditional Use Permit (CUP) or Administrative Conditional Use Permit (ACUP) Required. Any land use that is identified in any Chapter of this Title as a permitted use, and which authorizes a business enterprise to engage in the retail sale of alcoholic beverages as an off-sale liquor establishment, shall be permitted only upon such conditions as the Director of Community Development, Planning Commission, or City Council deems necessary and appropriate, which shall include the mandatory conditions set forth in subsection (C) of this Section, as applicable.

B.

Restrictions on Concentration of Off-Sale Liquor Establishments.

1.

No CUP shall be issued to an off-sale liquor establishment of 8,000 square feet or less; and no application for such CUP shall be accepted, unless the proposed off-sale liquor establishment is located 500 feet or more from any other off-sale liquor establishment, measured from property line to property line of the parcels involved, provided, however, that businesses engaging in the off-sale of beer and wine as an incidental use as defined in this Title and subject to approval of an ACUP shall observe a minimum separation of 400 feet from any other off-sale liquor establishment or any other business engaging in offsale beer and wine as an incidental use, measured as the shortest distance between the public entrances of the subject establishments.

2.

No CUP shall be issued to an off-sale liquor establishment of 8,000 square feet or less; and no application for such CUP shall be accepted, unless the proposed off-sale liquor establishment is located 500 feet or more from any existing house of worship, public or private school, park, playground, or hospital measured from property line to property line of the parcels involved. The 500-foot separation requirement shall not be applicable if the proposed off-sale liquor establishment is located within a retail commercial center of two acres or more.

C.

Mandatory Conditions of Approval. In addition to the applicable requirements of Section 25600 et seq. of the Business and Professions (B&P) Code, the following mandatory conditions of approval shall be imposed on any CUP or ACUP issued under this section:

1.

No inventory, materials, merchandise, or supplies shall be stored or displayed except within a wholly enclosed building.

2.

The premises shall be maintained at all times in a neat and orderly manner.

3.

Trash receptacles shall be provided in such number and at such locations as may be specified by the Planning Commission (CUP) or Director of Community Development (ACUP).

4.

No exterior security bars and rollup doors applied to windows and pedestrian building entrances shall be allowed.

5.

Exterior lighting of the parking areas shall be modified as necessary to provide a minimum intensity of at least one foot-candle of light throughout the parking area at all times in compliance with the Montclair Security Ordinance.

6.

Window signs or displays shall comply with the following requirements:

a.

Temporary or permanent window signs, posters, banners, or other applied graphics shall not cover more than 25 percent of each window and shall not be placed in windows in a manner that will obstruct the view into the building by emergency personnel.

b.

Window sign placement shall not obstruct the view of the sales transaction area from inside and outside the building.

c.

Any window tinting shall allow for physical identification of all persons in the sales transaction area from outside the building.

d.

Temporary or permanent window signs, interior or exterior banners, or other signs placed within the store that are visible from outside the store and advertise the availability of or offer for purchase alcoholic beverages of any kind at the site shall be prohibited.

7.

No video or arcade games, pinball machines, pool tables, jukeboxes, or similar devices shall be allowed within the subject lease space with the exception of official State lottery machines.

8.

No exterior public telephones, vending or other coin-operated machines, children's rides, collection boxes, and so forth shall be located on the exterior of the subject lease space or the remainder of the site.

9.

No alcoholic beverages, including beer and wine, shall be consumed on the premises.

10.

Employees selling alcoholic beverages shall be of such age, and subject to such supervision, as is specified in B&P Code Section 25663(b).

11.

The exterior appearance of the permittee's premises shall be designed and maintained in a manner consistent with the exterior appearance of commercial premises existing or proposed in the immediate neighborhood so as not to cause blight or deterioration or to substantially diminish or impair property values in the neighborhood.

12.

The permittee shall comply with all State statutes, rules, and regulations related to the sale, purchase, display, possession, and consumption of alcoholic beverages.

13.

The permittee shall acknowledge and agree that the City has a legitimate and compelling governmental interest in permittee's strict compliance with all conditions imposed upon the permit including adherence to State statutes, rules, and regulations as specified in subsection (C)(12) of this section. The permittee shall further acknowledge and agree that any violation of a State statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determined by the City to have a deleterious secondary effect upon:

a.

The specific land use requested by the permittee and authorized by the City;

b.

The compatibility of permittee's authorized land use with adjacent land uses; and

c.

The welfare and safety of the general public within the City.

In view of such deleterious secondary effects, permittee shall acknowledge that the City has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the CUP, as a consequence of one or more violations of a State statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor.

14.

The permit shall, after notice to the permittee and an opportunity to be heard, be subject to the imposition of additional conditions following its issuance, which additional conditions may be imposed by the Planning Commission or, upon appeal, by the City Council to address problems of land use compatibility, security, or crime control that have arisen since the issuance of the permit.

15.

No alcoholic beverages shall be consumed on the site nor shall any person have an open alcoholic beverage container on the site or adjacent sidewalks, streets, or alleys. Signs stating, "NO LOITERING. POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS ON THESE PREMISES AND ADJACENT

PUBLIC AREAS IS PROHIBITED PURSUANT TO MMC SECTION 7.08.010(A)" at each entrance and in the parking lot adjacent to the licensed premises.

(Ord. 99-791 Exh. A (part); prior code § 9-6.906)

(Ord. No. 13-933, § 2, 6-17-13)

The Commission or City Council may grant the requested use permit in whole or in part upon such terms and conditions as it may deem necessary to safeguard and protect the public health, safety and general welfare of the community.

Prior to issuance of any building or occupancy permit, the owner and/or anyone applying on the owner's behalf shall agree, in writing, to meet and abide by all the conditions and requirements imposed on the CUP.

(Prior code § 9-6.907)

Procedures for notice of a hearing, conduct of a hearing, and an opportunity for all parties to present testimony shall comply with Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-6.908)

A CUP may be revoked, in accordance with Section 11.78.120 of this Code, if the Commission or Council make any of the following findings:

A.

That any condition of a CUP or an amended CUP has not been complied with or has been violated;

B.

That the use is detrimental to the public health or safety or is a nuisance;

C.

That the CUP was obtained by fraud;

D.

That the use for which the permit was granted is not being exercised; or

E.

That the use for which the permit was granted has ceased or been suspended for six months or more.

(Prior code § 9-6.909)

A.

Any modification, expansion, or upgrade of an alcoholic beverage license issued by the Alcohol Beverage Control (ABC) Board requires one of the following:

1.

An amendment to the existing CUP in accordance with the provisions set forth in this chapter; or

2.

CUP approval if a use permit currently does not exist for the alcoholic beverage license.

B.

Any transfers of an alcoholic beverage license from one owner to another, for the same address, shall not be subject to CUP approval, assuming there is no expansion or change to the existing license.

(Prior code § 9-6.9010)

Automobile gasoline service stations with retail sales including food, groceries, magazines, alcohol, and the like shall be subject to at least the following standards and requirements:

A.

CUP approval is required for all gasoline service stations with or without alcohol sales;

B.

Site development standards shall comply with Section 11.20.050 of this Code;

C.

The sale of alcoholic beverages shall be restricted to beer and wine. Distilled spirits (hard liquor) shall be prohibited;

D.

The consumption of beer and wine on the premises shall be prohibited;

E.

No beer and wine shall be displayed within 10 feet of the cash register or the front door;

F.

Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine;

G.

No sale of alcoholic beverages shall be made from a drive-in window;

H.

Promotional display of beer and wine shall be made at room temperature;

I.

No beer and wine advertising shall be located on motor fuel islands and no self-illuminated advertising, including neon lighting, for beer or wine shall be located on buildings or windows; and

J.

No display or sale of beer or wine shall be made from an ice tub.

(Ord. 99-791 Exh. A (part); prior code § 9-6.9011)

Any interested party may appeal by filing a Notice of Appeal with the City Council no later than 10 days after the Planning Commission's decision is made. Said appeal shall state the grounds upon which the appeal is made. Said Notice shall be accompanied by a fee equal to one-half of the original filing fee. The City Council shall schedule a public hearing to be held no later than 30 days after the Notice of Appeal is filed and shall render its decision within 30 days of said hearing date.

(Ord. 99-791 Exh. A (part); prior code § 9-6.9012)

Chapter 11.44 - AMUSEMENT GAME ARCADES

Sections:

The Planning Commission is authorized to grant amusement game arcade use permits for particular cases which are qualified pursuant to the provisions of this title. In granting such amusement game arcade permits, the Planning Commission may stipulate conditions in addition to those required by this chapter which will tend to safeguard the health, safety, and property values in the area.

(Ord. 99-791 Exh. A (part); prior code § 9-6.300)

The provisions of this chapter shall apply to all amusement arcades in appropriate C-2, C-3, M-1 and M-2 zoned districts, as well as all use of amusement devices within the City.

(Prior code § 9-6.301)

A.

The City Council finds that the use of amusement devices, and particularly when in amusement arcades, has sufficient potential for associated problems and concerns so as to require specific regulations other than those found within the appropriate zoning classifications.

B.

The intent of this chapter is to develop standards, procedures and guidelines to provide a uniform method whereby amusement arcades can operate for the overall community good without causing detriment to surrounding uses, businesses, neighborhood, or the community.

C.

The purpose of the chapter is to provide specific standards for the review of all amusement arcades within the City which are equitable to the arcade establishments and yet protect the interests of the community.

(Ord. 99-791 Exh. A (part); prior code § 9-6.302)

Amusement arcades are permitted in the appropriate C-2, C-3, M-1 and M-2 zoning districts within the City, subject to the issuance of a conditional use permit pursuant to the provisions of Chapter 11.78, the provisions of this chapter, and other applicable sections of this Code.

(Prior code § 9-6.304)

A.

Amusement arcades shall only be permitted within the C-2 C-3, M-l and M-2 zoned districts within the City.

B.

Public entrances to an amusement arcade shall be:

1.

A minimum walking distance of 200 feet from any residentially zoned property, church, or religious institution;

2.

A minimum walking distance of 300 feet from any public or private elementary, intermediate, or high school which provides education for at least 50 students;

3.

A minimum walking distance of 50 feet from any business devoting over 50 percent of its floor area to the sale of alcoholic beverages for off-site consumption.

C.

Amusement devices and/or amusement arcades shall be prohibited within any business devoting over 50 percent of its floor area to the sale of alcoholic beverages for off-site consumption.

D.

The Planning Commission shall be empowered to take location into account and determine compatibility of an amusement arcade with an adjacent or surrounding use, neighborhood, or shopping area as justification for approving or denying an application.

(Ord. 99-791 Exh. A (part); prior code § 9-6.306)

A.

Amusement arcades located within a walking distance of 1000 feet of a public or private elementary, intermediate, or high school which provides education to at least 50 students shall not be permitted to be open for business during school hours and not until at least 30 minutes after the school(s) day officially ends. These limitations shall not apply on weekends, holidays, or official school vacation periods.

B.

Beyond the above hours of operation limitations, the Planning Commission may further establish conditions limiting the hours of operation for any amusement arcade when it is determined necessary or desirable in order to protect nearby properties or uses to provide for the general public safety or welfare. Such hours of operation limitations may be imposed as a condition at the time of the original approval or any time subsequent thereto.

(Ord. 99-791 Exh. A (part); prior code § 9-6.307)

Amusement arcades shall provide the following adult supervision (over 21 years of age) and evening parking lot security guard (dusk until 30 minutes after business closes):

(Prior code § 9-6.308)

Amusement arcades shall provide a minimum of two public restrooms within the approved building.

(Ord. 99-791 Exh. A (part): prior code § 9-6.309)

Amusement arcades shall provide an area within the approved building for patrons wishing to relax or wait for a particular amusement device to become available. Seating facilities shall be included within this waiting area.

(Prior code § 9-6.310)

Amusement arcades shall provide change-making machines or token-exchange facilities for patron use. Whatever facility is utilized, it shall be such as to discourage patrons from requesting change from other patrons or nearby businesses or persons.

(Ord. 99-791 Exh. A (part); prior code § 9-6.311)

11.44.110 - Adequate interior clear space.

A.

Amusement arcades shall provide a minimum of interior clear space for safe and convenient patron circulation pursuant to the following minimum standards:

1.

Provide minimum aisle widths of 90 inches;

2.

Provide a minimum of 90 inches between amusement devices and any entrance or exit;

3.

Provide a minimum 24-inch separation between amusement devices.

B.

Additional clear space may be required by the Building Official in order to maintain public safety.

(Ord. 99-791 Exh. A (part); prior code § 9-6.312)

Upgraded common wall insulation and other noise attenuation measures may be required in order to attenuate excess arcade noise from disturbing adjacent uses or businesses.

(Prior code § 9-6.313)

Each amusement arcade shall be required to provide adequate off-street parking for its own use at a rate of one space per six permitted occupants or one space per two amusement devices, whichever figure may be greater. Other differing uses within the amusement arcade building, including but not limited to restaurants, shall be required to meet the parking standards as established in Section 11.66.010 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-6.314)

Amusement arcades shall be required to provide bicycle racks within 25 feet of the amusement arcade's entrance. Bicycle rack spaces shall be provided at a rate of one space per each amusement device (up to 25 devices), with one additional space per each additional five devices. The design and placement of the bicycle rack shall be determined by the City.

(Ord. 99-791 Exh. A (part); prior code § 9-6.315)

Amusement arcades shall be required to provide sufficient and adequate lighting to provide for a safe and functional exterior environment. Particular attention shall be paid to the placement of adequate lighting around all entrances and exits, in areas which may present a likely location for patron congregation, and in areas which are unduly dark. All lighting shall be arranged and shielded so as to eliminate excessive glare or reflection onto adjoining properties. A requirement of additional or upgraded lighting may be imposed as a condition at the time of the original approval or any time subsequent thereto.

(Prior code § 9-6.316)

All signs on the exterior of an amusement arcade or visible from the public right-of-way shall require prior City approval in accordance with the provisions of this Code.

(Prior code § 9-6.317)

Prior to occupancy, the arcade applicant shall take all necessary steps in order to comply with the requirements of the Building, Police and Fire Departments which may be imposed as a result of applicable codes or community objectives.

(Prior code § 9-6.318)

In its review of an amusement arcade permit request, the Planning Commission may consider and/or specify conditions to deter outdoor congregation by arcade patrons, to limit the method and hours of operation in order to achieve use compatibility, and to discourage illegal or undesirable activities.

(Ord. 99-791 Exh. A (part); prior code § 9-6.319)

Chapter 11.46 - ANTENNAS AND SATELLITE DISH ANTENNAS

Sections:

This chapter is enacted in order to control the location and design of antennas and satellite dish antennas in order to protect the public health, safety and welfare and to maintain community design objectives. It is recognized that large antennas and satellite dish antennas improperly located may pose a form of aesthetic blight on the community, in that the appearance of many antennas is in conflict with architectural standards required of developments within the community. Further, it is recognized that the location of antennas at

certain heights and placement may constitute a hazard to the surrounding community. The following zoning regulations pertaining to antennas are required in order to control the size and location of these objects in order to minimize aesthetic blight and to ensure proper location, attachment, and structural integrity thereby protecting the public health, safety and welfare.

This Chapter 11.46 does not apply to wireless telecommunications facilities that are subject to the regulations in Chapter 11.73 of the Code.

(Prior code § 9-6.600; Ord. No. 21-998, § IV, 9-20-21)

No person shall install, either as an owner, or as an agent, employee, or independent contractor for the owner, or otherwise, any antenna, satellite dish antenna, any additions thereto, or any substitution for any existing antenna unless said antenna installation complies with the provisions of the underlying zoning and the provisions of this chapter and a building permit is obtained, as required by this chapter.

(Prior code § 9-6.601)

The following development standards shall be met for placement or installation of antennas and satellite dish antennas in residential zoned (R-1, R-2, R-3) areas, agricultural zoned (A-1) areas, and for any other residential development:

A.

Permits and General Requirements.

A building permit shall be required for placement of any antenna having a boom or pole arrangement 10 feet or greater in length or for any satellite dish antenna having a diameter exceeding 3 feet. Not more than one such antenna shall be permitted for any residential development or address.

2.

No antenna or satellite dish antenna shall be placed or installed, nor shall a permit be issued, for properties or developments which would violate legal provisions limiting or prohibiting antennas, such as covenants, conditions, restrictions or other previous requirements of the City.

3.

Antennas or satellite dish antennas in residential zones and developments shall be for domestic use only with no commercial use permitted.

B.

Size Limitations.

1.

Antenna boom, tower or pole arrangement shall not exceed a height or length of 12 feet in any direction.

2.

Satellite dish antennas shall not exceed a diameter of 10 feet.

C.

Height Limitation.

1.

Ground-mounted antennas shall not exceed a height of 12 feet from grade.

2.

Roof- or structure-mounted antennas, approved subject to the provisions of subsection D of this section, shall not exceed the height of the highest roof ridge line of subject structure. In no case, however, shall roof-mounted antennas exceed a height of 35 feet from grade.

D.

Location and Placement.

1.

Mounting. Antennas having a boom or pole arrangement of 10 feet or greater in length or any satellite dish antenna having a diameter exceeding 3 feet shall be ground mounted. The Director of Community Development, or his or her designee, may grant exception, however, for roof or structure mounting. In order to receive such exception, the applicant shall demonstrate that ground mounting is not feasible due to

insufficient line-of-sight to transmitter or satellite, inadequate yard area, or other limiting physical features of the property. Roof- or structure-mounted antennas shall be located on the portion of structure least visible from public view. This will generally require placement to rear side of structure and below roof ridge lines visible from public streets.

2.

Yards. Antennas and satellite dish antennas shall not be located within required front or street corner side yards. Placement of antennas in rear and interior side yards shall meet the accessory building location standards of Section 11.38.050(E)—(G) of this title.

E.

Screening. Satellite dish antennas exceeding a diameter of 3 feet shall be screened from public view with no more than the upper one-third of the antenna visible from any public view. Ground- mounted antennas shall be screened with fencing, walls, landscaping or other compatible material. Roof- or building-mounted antennas shall be screened with architectural material(s) which is compatible with the design and material of the structure. All methods and materials used for screening shall require prior Planning Division approval and a separate building permit where applicable.

(Ord. 99-791 Exh. A (part); prior code § 9-6.602)

The following development standards shall be met for placement or installation of antennas and satellite dish antennas in commercial zoned areas (C-1, C-2, C-3), industrial zoned areas (M-1, M-2, MIP, office zoned areas (AP), and all other nonresidential or nonagricultural areas:

A.

Permits and General Requirements.

1.

A building permit shall be required for placement of any antenna having a boom or pole arrangement 10 feet or greater in length or for any satellite dish antenna having a diameter over 3 feet.

2.

No antenna or satellite dish antenna shall be placed or installed, nor shall a permit be issued, for properties or developments which would violate legal provisions limiting or prohibiting antennas, such as covenants, conditions, restrictions or other previous requirements of the City.

B.

Size Limitations.

1.

Antenna boom, tower or pole arrangement shall not exceed a height or length of 15 feet in any direction.

Satellite dish antennas shall not exceed a diameter of 15 feet.

C.

Height Limitation. Antennas and satellite dish antennas shall not exceed the maximum height permitted in the underlying zone.

D.

Location and Placement. Antennas and satellite dish antennas shall not be located within required yard setback areas.

E.

Screening. All antennas and satellite dish antennas shall be completely screened from public view. Screening shall be of fencing, walls or other architectural materials, with or without a combination of landscaping, which is compatible with the architectural design and materials of the development. All method and materials used for screening shall require prior Planning Division approval and a separate building permit where applicable.

(Ord. 99-791 Exh. A (part); prior code § 9-6.603)

11.46.050 - Exceptions to antenna standards.

The Planning Commission may grant a conditional use permit to property owners for placement or installation of antennas and satellite dish antennas which do not meet the antenna development standards of this chapter.

Such conditional use permits are subject to all provisions of Chapter 11.78 of this title, including, but not limited to, the requirement for findings of need and revocation for nuisance or noncompliance.

(Prior code § 9-6.604)

11.46.060 - Antennas—General provisions.

A.

Antennas and satellite dish antennas and their supporting structures and hardware shall be installed and maintained in compliance with the adopted Uniform Building Code(s) and all requirements of the Building Official including attachment, foundation, noncombustion, noncorrosion, protection against falling, and grounding protection.

B.

Satellite dish antennas shall not be of silver or other bright colors and shall be treated so as to not reflect glare of sunlight.

(Prior code § 9-6.605)

11.46.070 - Antennas maintenance.

A.

All antennas shall be maintained in good condition and in accordance with all requirements of this chapter.

B.

All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the Building Code and with the approval of the Director of Community Development.

C.

Failure to abide by and faithfully comply with this chapter or with any and all conditions that may be attached to the granting of any permit shall constitute grounds for revocation of the permit.

(Ord. 99-791 Exh. A (part); prior code § 9-6.606)

Chapter 11.48 - CHILDREN'S DAY-CARE FACILITIES

Sections:

Recognizing that the unrestricted use of residential properties for purposes other than those normally associated with home living has a detrimental effect on the residential area in which the use is conducted, and further recognizing that quality licensed child care is essential to the well-being of parents and children in the community, it is the purpose and intent of this chapter to establish a comprehensive and reasonable system to regulate the operation of all child day-care facilities within the City in accordance with provisions and guidelines under the Health and Safety Code of the State of California.

(Prior code § 9-4.1816 (part))

A.

A small family day-care home, as defined in Chapter 11.02 of this title, shall be considered to be a permitted use within any residential zone. No City business license, fees or permit shall be required to operate such a facility other than the required State license.

B.

The operator of a large family day-care home, as defined in Chapter 11.02 of this title, shall first apply for and obtain a conditional child-care use permit pursuant to the provisions of Section 11.48.030 of this chapter prior to operation.

C.

"Day-care center," as defined in Chapter 11.02 of this title, shall be subject to the conditional use permit requirements in accordance with the provisions of Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1816 (part))

A.

Fees. Application fees for a conditional child-care use permit for a large family day-care home shall be as established by resolution adopted by the City Council.

B.

Application. A child-care provider shall submit a formal application for a large family day-care home on a form furnished by the City providing specific information with regard to the proposal such as property ownership, location, plot plan, floor plan, staffing and enrollment capacity, program description, meal services and other data as may be required by the City.

C.

Public Notices and Hearing. Not less than 10 days prior to the date on which the decision will be made on the application, the Secretary of the Planning Commission shall give notice of the proposed use by mail or delivery to all property owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the parcel containing the proposed large family day-care home. No hearing on the application for a permit issued pursuant to this section shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision within 10 calendar days in writing and by paying one-half of the original filing fee. The Community Development Department Director, or his/her designee, shall be authorized to act as Hearing Officer to consider such application at a time and date prescribed in the public hearing notice. The Hearing Officer may, in approving such application, impose reasonable requirements and conditions relative to spacing and concentration, traffic control, parking, and noise.

D.

Revocation. Day-care permits granted in accordance with the provisions of this title may be terminated if the Planning Commission or Council makes any of the following findings:

1.

That any condition of the day-care permit has been violated;

2.

That the use has become detrimental to the public health or safety or is deemed to constitute a nuisance;

3.

That the permit was obtained by misrepresentation or fraud; or

That the use for which the permit was granted has ceased or has become suspended for six consecutive months or more.

(Ord. 01-809 § 2: Ord. 99-791 Exh. A (part); prior code § 9-4.1816 (part))

Chapter 11.50 - DRIVE-IN BUSINESSES

Sections:

Uses which provide a business or service to the occupants of a motor vehicle without the occupants alighting from the motor vehicle, or where the occupants alight from the motor vehicle for quick service at or within a structure, present a variety of unique development problems.

It is the intent of this chapter to provide a means whereby the Planning Commission may review individual development proposals in relation to specific sites and consider the effect of the use upon adjacent properties and businesses and impose reasonable conditions or modify existing Code requirements in order to best solve the problems presented by these uses.

(Prior code § 9-6.200)

Buildings shall be set back from property lines in accordance with the requirements of the zone in which the use is located. Where the Planning Commission determines that the best interests of the City and/or adjacent development or property will be best served, and the intent of this chapter will be complied with, a lesser or greater setback may be established.

(Prior code § 9-6.201)

Each drive-in business shall be located on a lot having an area of not less than 15,000 square feet. If the Planning Commission determines that a site of lesser area, because of the proposed plan of development and arrangement of facilities, will meet the intent of this chapter, the Planning Commission may permit a modification of the minimum area requirement.

(Ord. 99-791 Exh. A (part); prior code § 9-6.202)

Every drive-in business shall be subject to all parking requirements applicable to the zone in which such use is located in addition to complying with the following:

A.

On-site parking shall be provided for each employee on duty. The peak employment period shall be used to determine the number of employee parking spaces.

B.

Automobile restaurants shall provide a minimum of two parking spaces for each 100 square feet of gross floor area.

C.

The provisions of Section 11.66.010 of this title and the various requirements of this chapter notwithstanding, if the Planning Commission has determined that the intent of this chapter will be best served, the Planning Commission may impose a greater or permit a lesser number of parking spaces.

(Ord. 99-791 Exh. A (part); prior code § 9-6.203)

Each developed site shall not have more than two accessways to any one street except that the Planning Commission shall have the right to prescribe additional requirements if it is deemed necessary that a change in the location and number of accessways will reduce the possibilities of traffic hazards.

(Ord. 99-791 Exh. A (part); prior code § 9-6.204)

The following shall regulate activities on any drive-in business site:

A.

Vehicles. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees, and other service vehicles. No vehicles may be parked on the premises and offered for sale, lease or rent.

B.

Public Telephones. Public telephone facilities shall be located within the main building. Freestanding telephone booths shall not be permitted. Enclosed telephone booths or open telephone stations which are located in or on the exterior walls or surfaces may be permitted if their design is integrated with and compatible to the architecture of the building.

(Prior code § 9-6.205)

Signs shall comply with the following requirements:

A.

Signs shall contain only such subject matter which refers to the name of the establishment or to the type or general category of goods and services sold on the premises on which the sign is located.

B.

The total area of signs, inclusive of all monument, menu board, and building signs on the property, shall not exceed one and one-half square feet of sign area for each linear foot of property frontage. Corner lots shall use only one street frontage to determine maximum sign area.

C.

The maximum area of any single sign shall not exceed 60 square feet.

D.

One monument sign not to exceed an area of 60 square feet shall be permitted.

E.

The maximum height of monument signs shall not exceed 10 feet.

F.

The Planning Commission shall have the discretion of limiting the number of monument signs on any parcel to no more than one; or in the case of reduced setback to freestanding building, not granting any monument sign to any parcel.

G.

All provisions for sign application, review, approval and permits listed under Chapter 11.72 of this title shall be complied with.

H.

Sign design standards for all signs relating to drive-in businesses shall be in accordance with provisions under Chapter 11.72 of this title.

I.

All provisions for sign regulations of window signs, temporary signs, neon signs, exempt and prohibited signs relating to drive-in businesses shall be in accordance with Chapter 11.72 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-6.206)

Masonry (brick, block, slumpstone, adobe, etc.) walls shall be required on all exterior property lines to a minimum height of 5 feet and a maximum height of 6 feet. Such height shall be reduced to a minimum of 36 inches and a maximum of 42 inches within any front-yard setback. If access to an alley or other adjacent use is permitted, such wall shall be reduced to the 36-inch minimum and 42-inch maximum height for a distance of 10 feet on each side of such entrance. The height, material and color of the wall shall be approved by the Planning Department.

(Ord. 99-791 Exh. A (part); prior code § 9-6.207)

All lighting, except within the building, shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves of buildings, or recessed within screening walls, or at ground level within the landscaped areas. All lighting shall be arranged and shielded so as to eliminate glare and reflection. Performance specifications shall accompany the Precise Plan of Design. If, because of unusual circumstances, freestanding lighting is permitted, top-mounted pole lights generally mushroomed in character shall be required and shall be so situated and shielded to not direct or reflect lighting on adjacent properties, buildings, or public rights-of-way. Freestanding lights shall generally be limited to a height of 18 feet.

(Ord. 99-791 Exh. A (part); prior code § 9-6.208)

Buildings shall be so designed that the architectural theme will reflect time most recent thinking in good design. Innovative designs may be permitted provided the same can be shown to be an asset to the area under consideration and will not cause other structures and property in the local environment to materially depreciate in appearance and value. To accomplish the desired architecture, the use of native stone, brick, exposed aggregate, or similar materials on the exterior of the building is encouraged.

(Prior code § 9-6.209)

A.

Landscaped areas which are a minimum of 15 feet in width shall be required along all street frontages (except at drive or pedestrian access locations), and all such planted areas shall be contained within a planter backed up by an ornamental masonry wall (brick, stone, or similar material) of not less than 36 inches nor more than 42 inches in height. The material used for the construction of such raised planters shall be the same as that used on the exterior of the building or other related materials as approved by the Planning Commission.

B.

One 15-gallon on-site tree shall be provided within the general area of the main structure. Such tree shall be contained within a raised planter of not less than 12 inches in height. A ground cover and such other plants as deemed necessary shall also be provided within such planter.

C.

Additional peripheral planting areas having a minimum width of 5 feet shall be required along the interior side and rear property lines. Such planting areas shall contain trees of at least 6 feet in height; the size of the containers for such trees shall be at least 15 gallons. Such trees shall be spaced a maximum of 20 feet apart on center.

D.

An automatic sprinkling system providing 100 percent irrigation to all planted areas shall be installed; hose bibs shall not be acceptable.

E.

If the Planning Commission determines that, because of the proposed plan of development, the arrangement of facilities, particular site problems, or other similar matters, the proposed landscaping plan and facilities will meet the intent of this section, the Planning Commission may waive or modify the requirements accordingly.

(Ord. 99-791 Exh. A (part); prior code § 9-6.210)

All electrical, telephone, C.A.T.V., and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary lines of such property, be installed underground. Risers on poles and buildings shall be permitted and shall be provided by the developer or owner onto the pole which provides service to such property. Utility service poles may be placed on the

rear of the property to be developed only for the purpose of terminating underground facilities. The developer or owner shall be responsible for complying with the requirements of this section, and he/she shall make the necessary arrangements with the utility companies for the installation of such facilities.

For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets, and concealed ducts in an underground system, may be placed aboveground.

(Ord. 99-791 Exh. A (part); prior code § 9-6.211)

11.50.130 - Restroom locations.

All restrooms shall be located toward the rear of the building. Entrances shall be screened from the view of adjacent properties or street rights-of-way by solid decorative screening and/or landscape materials.

(Prior code § 9-6.212)

All deliveries made to drive-in businesses located on sites adjacent to residential zones shall be between the hours of 7:00 a.m. and 10:00 p.m.

(Prior code § 9-6.213)

All merchandise, wares and crates in the form of temporary and permanent storage, displays, or goods offered for sale shall be within the building except as otherwise provided in this section.

(Prior code § 9-6.214)

A fully enclosed trash area shall be provided and constructed of a material which shall be in harmony with the architecture of the building. The height of all such enclosures shall be determined by the Planning Commission. Provisions for adequate vehicular access to and from such areas for the collection of trash and garbage shall be provided.

(Prior code § 9-6.215)

If the Planning Commission determines it is necessary or desirable in order to protect nearby properties or uses to provide for the general public safety or welfare, it may establish restrictions or the permitted hours of operation. Such restrictions may be imposed as a condition at the time of the original approval or any time subsequent thereto.

(Prior code § 9-6.216)

If practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter would occur from its strict literal interpretation and enforcement, the Planning Commission may grant a variance therefrom upon such terms and conditions as it deems necessary. Such variances shall be in harmony with the general purposes and intent of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties.

To grant a variance, the provisions of Chapter 11.82 of this title shall be complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-6.217)

Chapter 11.52 - FOSTER HOMES

Sections:

The intent of this chapter is to regulate the location and operation of foster homes to ensure such homes will not have a detrimental effect on the area in which the use is conducted, and that the location and operation will provide for the safety and well-being of persons residing in foster homes.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))

A foster home permit shall be granted by the Planning Commission for the care of foster children or persons with disabilities after an application therefor to the Planning Commission and after the Planning Commission has ascertained the following pertinent facts:

A.

That the applicant has met the requirements of whatever public agency regulates the activity sought to be approved and shows proof of a license or permit if issued by such agency;

B.

That the provisions of the definitions of "family" and "foster family" in Chapter 11.02 of this title are complied with; and

C.

That the minimum sleeping and housing standards of the public agency supervising such activity have been complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))

11.52.030 - Conditional use permits.

The Planning Commission is authorized to grant conditional use permits in such cases where the number of foster children or persons with disabilities exceeds the limits set forth in the definitions of "family" and "foster family" in Chapter 11.02 of this title. In granting a conditional use permit the Planning Commission shall follow the procedures set forth in Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))

11.52.040 - Revocation.

A foster home permit granted in accordance with the provisions of this chapter may be terminated if the Planning Commission or City Council makes any of the following findings:

A.

That any condition of the foster home permit has been violated;

B.

That the use has become detrimental to the public health or safety or is deemed to constitute a nuisance;

C.

That the permit was obtained by misrepresentation or fraud; or

D.

That the use for which the permit was granted has ceased or has been suspended for six consecutive months or more.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))

Chapter 11.54 - HAZARDOUS WASTE FACILITIES—SITING CRITERIA

Sections:

It is the purpose and intent of this chapter to set forth a reasonable yet effective siting criteria for evaluating proposals for specified hazardous waste facilities and serve to focus the evaluation of facility proposals on critical issues.

Siting criteria represent a uniform set of standards to be applied to all applications, yet they are designed with some flexibility depending on the type of facility and the proposed site location. Siting criteria are to be used for evaluating a project at a particular site. When used along with General Plan policies, the siting criteria determine the suitability of a site for a specified hazardous waste facility proposal. The use of the siting criteria and General Plan policies are part of the full application review and environmental analysis required of all applications for specified hazardous waste facilities under State law.

In order to adequately safeguard the public health, safety and general welfare, all specified hazardous waste facilities, including land disposal facilities, may only be sited within areas specifically designated for such use, subject to all requirements and provisions of this Code, the adopted County and City General Plans, inclusive of their hazardous waste management plans.

(Prior code § 9-6.701)

Specified hazardous waste facilities, including land disposal facilities, may only be permitted in the appropriate General Manufacturing (M-2) Zone District within the City, subject to issuance of a conditional use permit pursuant to guidelines set forth in the County and the City Hazardous Waste Management Plans and the provisions of Chapter 11.78, the provisions of this chapter, and other applicable sections of this Code. In addition, the approval of a hazardous waste facility permit by the State Department of Health Services is required for all such facilities to ensure that operating conditions imposed are fully met.

(Prior code § 9-6.703)

The Director of Community Development shall not accept applications for land use decisions for any specific hazardous waste facilities unless they are accompanied by the fee in an amount equal to the fee established by resolution of the City Council for an Environmental Impact Report.

(Ord. 99-791 Exh. A (part); prior code § 9-6.704)

The City's review procedures for a specified hazardous waste facility are similar to the consideration given other conditionally permitted industrial facilities, with the addition of the requirements identified in the Tanner Act, AB 2948 (Chapter 1504, Statutes of 1986), et al.

The Tanner Act identifies a formal administrative process for the local review of facility applications. The process provides for notification regarding a pending application, procedures for initial review, participation by the interested public, and a procedure for State review of the local decision-making process, if the resulting decision is appealed. The following is an outline of the procedures added to the local application review process by the Tanner Act.

SUMMARY OF PERMIT PROCEDURES

ADDED BY THE TANNER ACT, AB 2948

• Delegates specified duties and responsibilities to the office of Permit Assistance (OPA), local jurisdictions, and permitting agencies.

• Requires the project applicant to file a Notice of Intent with OPA and the local land use jurisdiction before filing for a land use permit.

• Requires a seven-member Local Assessment Committee to assist in negotiating the terms and conditions of project approval with the project applicant and to make advisory recommendations to the Planning Commission and City Council.

• Requires the OPA to convene a meeting to inform the public on the proposed project and the application review procedures that will be followed.

• Authorizes an applicant-paid fee for hiring an independent consultant to the Local Assessment Committee for review of the project.

• Requires a meeting up-front among lead and responsible agencies, project applicant, the Local Assessment Committee, and the interested public to discuss issues of public concern and explain the application review process.

• Provides for a written determination of a project's consistency with applicable general plans, development codes, and the City Hazardous Waste Management Plan (CHWMP).

• Sets time frames for review and action by permitting agencies.

• Authorizes the establishment of a State Appeals Board and specifies the Board's composition, responsibilities, and appeal procedures.

(Ord. 99-791 Exh. A (part); prior code § 9-6.705)

11.54.050 - Contents of application.

Every application for a Hazardous Waste Facility Project shall be made in writing to the Planning Commission on forms provided by the Community Development Department, and accompanied by a filing fee as set by resolution of the City Council. An application must meet all the requirements set forth in Chapters 11.06, 11.78 and 11.80 of this Code. An application shall also include the following information:

A.

Name and address of the applicant;

B.

Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the property owner of record to make such application;

C.

A plot and development plan drawn in sufficient detail determined by the Community Development Director and the Public Works Director/City Engineer to clearly describe the following:

1.

Physical dimensions of the property and structures,

2.

Location of existing and proposed structures,

3.

Proposed setbacks and landscaping,

4.

Proposed methods of circulation and parking,

5.

Existing and proposed drainage patterns,

6.

Proposed ingress and egress,

7.

Proposed storage and processing areas,

8.

Utilization of property under the requested land use permit,

9.

The distance from the project property line to the nearest adjacent structure, and a description and location of such structure,

10.

Proximity of the project to the 100-year floodplain areas,

Proximity of the project to any known earthquake fault zones,

12.

The relationship of the proposed project to all above ground water supplies and all known underground aquifers that might be threatened with contamination,

13.

Topographic description of the property and surrounding area,

14.

A preliminary geological study of the property and surrounding area which contains information regarding depth of soils analysis, an analysis of any known aquifer, and the potential location of aquifers, regardless of the potability of those aquifers,

15.

Existing and proposed utilities which service or will be required to service the facility, and

16.

Vicinity map which indicates, at a minimum, proximity of the project to schools, parks, and other community facilities within the City;

D.

Indication of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;

E.

An analysis of visual, noise, and any olfactory impacts associated with the project and recommended mitigation measures;

F.

An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality in the area;

G.

Identification of any rare or endangered species of plant or animals within the project site and recommended impact mitigation measures;

H.

Identification of the amounts, sources and types of hazardous wastes to be treated, stored, or disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. This

information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility;

I.

A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportationrelated accidents from the point of origin to the facility, and any other probabilities requested by either the Community Development Director, the Public Works Director/City Engineer, or the Planning Commission. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility;

J.

A plan that identifies an ongoing monitoring program of air, soil and groundwater. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, Regional Water Quality Control Board and Department of Health Services;

K.

All applications shall contain a designation of at least two reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act;

L.

All applications shall be accompanied by an Environmental Assessment checklist in sufficient detail to enable the City to complete an initial study pursuant to the California Environmental Quality Act for the preparation by a qualified environmental consulting firm of an Environmental Impact Report or Negative Declaration;

M.

An emergency response plan that includes, but which is not limited to, the following:

1.

That the proposed plan is consistent with any and all applicable County and regional emergency plans and all City, County, State and federal regulatory requirements regarding emergency response procedure,

2.

Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures,

3.

Anticipated impacts on local fire, police and medical services,

Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.

An application shall not be declared complete until such emergency response plan is approved by the Directors of Community Development and Public Works and the City Engineer.

(Ord. 99-791 Exh. A (part); prior code § 9-6.706)

All specified hazardous waste facility projects submitted for review shall be consistent with all General Plan requirements, zoning ordinances, and other planning actions or policies that were in place at the time the application was deemed complete. In addition, all such projects shall comply with the hazardous waste siting policies, standards, and location criteria in the Safety Element of the Montclair General Plan.

(Prior code § 9-6.707)

11.54.070 - Siting criteria for specified hazardous waste facilities.

A.

Zoning District. All specified hazardous waste facilities shall be located within the General Manufacturing (M-2) Zone District, subject to conditional use permit approval in accordance with Section 11.34.020(G)(4) and Chapter 11.78 of this title.

B.

Proximity to Populations. For a residual repository or other land disposal facility, a buffer of a minimum of 2000 feet shall be required between any portion of the facility in which hazardous waste will be stored, handled, transported or otherwise located and any residential properties or other sensitive sites, such as hospitals, schools or places of public assembly.

Treatment recycling, storage, and transfer facilities, as those terms are defined in the Health and Safety Code, shall comply with the underlying M-2 zoning setback requirements for industrial facilities, unless a greater distance is justified pursuant to a risk assessment.

The risk assessment for each specified hazardous waste facility shall consider the physical and chemical characteristics of the specific type of wastes that will be handled, the design of the facility, and any need for buffering residential areas or other sensitive sites (such as hospitals, schools or places of public assembly) from potential accidents or adverse emissions from a proposed facility. The study shall also provide an estimate of the distance over which the affects of a spill or emergency situation would carry, a variety of options for reducing the risks, and procedures for dealing with such spills or emergency situations, including incidents involving transportation of hazardous materials and/or waste to and from the facility.

C.

Proximity to Immobile Populations. Immobile populations include, but are not limited to, schools, hospitals, convalescent homes, prison facilities, and facilities for persons with disabilities. For all types of facilities, a risk assessment must be performed which details the maximum potential credible accident from facility operations and its impact on all immobile populations in the City. An adequate buffer between the hazardous waste facility and immobile populations shall be established by a risk assessment at the time of review. The risk assessment shall consider the physical and chemical characteristics of the specific types of wastes which will be handled, the design features of the facility, the transportation routes which will potentially serve the facility, and the proximity of both the facility and the transport of hazardous waste and materials to immobile populations.

D.

Proximity to Public Facilities. Specified hazardous waste facilities shall be sited in such a manner so as to not adversely impact the public health and safety of large numbers of people in public areas or public facilities. An adequate buffer shall be determined by a risk assessment at the time of permit review.

All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the types of waste handled or the location of the facility.

Specified hazardous waste facilities shall be located in areas where emergency response capabilities and public water and sewer services are available.

E.

Flood Hazard Areas. Residual repositories and other land disposal facilities are prohibited in areas subject to inundation by floods with a 100-year return frequency, and shall not be located in areas subject to flash floods and debris flows.

All other facilities shall avoid locating in flood-plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent migration of hazardous wastes in the event of inundation.

F.

Proximity to Active or Potentially Active Faults. All facilities are required to have a 200-foot setback from a known active or potentially active earthquake fault.

G.

Slope Stability/Subsidence/Liquefaction. Residuals repositories and other land disposal facilities are prohibited from locating in areas of potential rapid geological change, subsidence, or potential liquefaction.

All other facilities shall avoid locating in areas of potential rapid geologic subsidence or liquefaction change unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes, subject to the determination of the City Engineer.

H.

Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area.

I.

Aqueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.

J.

Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge.

K.

Proximity to Supply Wells and Well Fields. A residuals repository and other land disposal facilities shall be located beyond the cone of depression created by pumping a well or well field for 90 days. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply.

All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for 90 days unless an effective hydrogeologic barrier to vertical flow exists. This determination shall be made by a qualified hydrologist.

L.

Depth to Groundwater. Residuals repositories, other land disposal facilities and any facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is 25 feet or less from the lowest subsurface point of the facility.

At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, uplift, or other geologic hazard or soil failure, as certified by a California Registered Geotechnical Engineer.

M.

Groundwater Monitoring. Residuals repositories land disposal facilities, and facilities with subsurface storage and/or treatment, must develop a program that successfully satisfies the RWQCB (Regional Water Quality Control Board) permit requirements for groundwater monitoring.

N.

Existing Groundwater Quality. Residuals repositories and other land disposal facilities are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.

All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 shall provide increased spill containment and inspection measures, as determined by a qualified hydrologist, the City

Engineer, and the General Manager of the Monte Vista Water District.

O.

Major Aquifer Recharge Area. Residual repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.

Facilities with subsurface storage or treatment must be located at least one-half mile away from potential drinking water sources and well sites.

All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment, inspection, and other measures.

P.

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board (pursuant to Title 23, Subchapter 15, Section 2531(b)(1) of the California Code of Regulations).

All other aboveground facilities shall have engineered structural design features common to other types of industrial facilities, including spill containment, monitoring devices, and inspection measures.

Q.

Air Emissions: Non-Attainment Areas. All facilities with air emissions located in non-attainment areas and emitting air contaminants in excess of established limits will require review and permits from the South Coast Air Quality Management District Agency. A risk assessment must show that this contribution is not significant when compared to the emissions from transportation of hazardous waste out of this area.

R.

Air Emissions: Prevention of Significant Deterioration (PSD) Areas. All facilities with air emissions located in the region which are classified under the PSD regulations are required to meet the plans and regulations of the air quality agency of each district. These facilities, however, may not be located near or within national parks, wilderness and memorial areas, and other similarly dedicated areas, as specified in the Clean Air Act.

S.

Recreation, Cultural, or Aesthetic Resource Areas. All facilities shall be prohibited in close proximity to or within areas of recreation, cultural, or aesthetic value as determined by the Community Development Director, City Engineer, Planning Commission and/or City Council.

T.

Areas of Potential Mineral Deposits. Residual repositories and other land disposal facilities shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports, and those mineral resources indicated in the Conservation Element of the City of Montclair General Plan.

All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.

U.

Proximity to Areas of Waste Generation. Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to the hazardous waste generators. Facilities which will primarily serve generators from outside the City must demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.

V.

Transportation Safety. Transportation serving a specified hazardous waste facility shall be confined to designated truck routes, as shown on the City of Montclair Development Plan for Circulation and Transportation. Distance traveled on minor roads shall be minimal. The City may require the facility proponents to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility and the safe transportation of hazardous waste.

Facilities shall be located such that any minor routes to and from State or interstate divided highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes is minimal.

The proposed routes shall be demonstrated to be safe with regard to road design and construction, accident rates, excessive traffic, etc., and have good access to and from major transportation routes. The transportation of hazardous waste and materials shall be limited to nonpeak traffic hours only.

The facility proponent shall evaluate the population at risk based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor shall not exceed that for similar existing facilities and sites with lower factors.

W.

Impact on Level of Service. Any impact on the traffic level of service on the routes serving the facility shall be mitigated, pursuant to the findings of a traffic impact study. The changes in the ratio of route capacity to average annual daily traffic shall be negligible after calculating the number of trucks on the major and minor routes expected to service the facility.

X.

Protect Environmentally Sensitive Areas. Specified hazardous waste facilities shall be prohibited from impairing the viability of critical habitats of threatened, rare or endangered species, wetlands or prime agricultural lands as defined in general, regional, State and federal plans. A protective buffer zone shall be established based on an environmental impact study and risk assessment conducted at the time of permit review. When siting of hazardous waste management facilities is proposed in or near such areas, overriding public services needs must be demonstrated.

(Ord. 99-791 Exh. A (part); prior code § 9-6.708)

A.

General Conditions. The City may impose, as necessary, conditions and standards other than those presented here in order to achieve the purposes of this chapter and to protect the health, safety and general welfare of the community.

B.

Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use are subject to review and approval by the City before such modifications occur at the facility.

C.

Waste Minimizations. No hazardous waste facility project will be approved if it significantly undercuts incentives for waste minimization by hazardous waste generators.

D.

Affective Responsibility. Prior to issuance of an occupancy permit to begin the use identified in the land use decision, the applicant shall show proof that it has met all the financial responsibility requirements imposed by the Department of Health Services and any other federal, state and local agency.

E.

Closure Plan. The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Planning Department a written closure plan approved by the Department of Health Services. All revisions to such closure plans shall also be submitted to the Planning Department.

F.

Reports. The owner or operator of a facility shall report annually to the Community Development Director the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and a map showing the exact location of quantities and types of materials placed in repositories or otherwise. The frequency of these reports may be increased or decreased to reflect the nature of the facility and those materials handled.

G.

Extremely Hazardous Waste. Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code by the facility owner/operator shall be reported to the Community Development Director at least 48 hours prior to such storage, treatment, disposal or transportation.

H.

Contingency Operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency plan

approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the Chief of Police, Fire Chief, each hospital within 10 miles, and the County Department of Environmental Health.

I.

Emergency Response Plan. The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Community Development Director.

J.

Emergency Response Procedures. The owners or operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Community Development Director. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

K.

Environmental Monitoring Report. The owners or operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Community Development Director.

L.

Safety and Security. The owners or operators of all facilities shall prevent the unknowing entry and minimize the possibility for unauthorized entry of persons, livestock, or wild animals onto any portion of the facility by means of a 24-hour surveillance system, perimeter fencing and appropriate signage.

M.

Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, State or federal agencies to the Community Development Director.

N.

Excess Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City and not currently being managed by a facility located in Montclair unless satisfactory compensation is made to the City of a joint power or if governmental agreement provides otherwise. Special findings justifying such excess volume or oversaturation shall be made as part of the conditional use permit requirements for mandatory findings.

O.

Compliance Costs. All costs of compliance with this chapter shall be borne by the facility owner or operator.

P.

Release Response Costs. The facility owner or operator shall be responsible for all costs incurred by the City and its officers, agents, employees or contractors for responding to a release or threatened release of

hazardous wastes at or in route to or from the facility.

Q.

Indemnification. The applicant agrees to protect, defend, indemnify, and hold harmless the City and its City Council, City Attorney, and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the site.

R.

Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

S.

Enforcement. The City may employ any and all methods permitted by law to enforce this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-6.709)

Chapter 11.56 - HISTORIC PRESERVATION

Sections:

This chapter is created for the purpose of recognizing the desirability of establishing guidelines for the preservation, restoration and protection of historic and cultural resources within the City. The guidelines are considered necessary in order for the public and the City to work together in preserving those elements of Montclair's heritage which may now, or in the future, be endangered. The purpose of this chapter is to:

A.

Encourage public knowledge, understanding and appreciation of the City's past;

B.

Strengthen civic and neighborhood pride in the beauty and architecture of the past;

C.

Preserve diverse architectural styles and designs reflecting phases of the City's heritage;

D.

Promote the enjoyment and use of cultural resources appropriate for the education and restoration of the City;

E.

Encourage new construction and exterior modification of historical buildings that are compatible with the historical character of such buildings;

F.

Protect and enhance property values and to provide possible added benefits to the City and its inhabitants through the exploration of creative financial incentives for preservation;

G.

Encourage the adaptive recycling or reuse of existing historic landmarks.

(Ord. 99-791 Exh. A (part); prior code § 9-10.101)

This chapter shall apply to all historical landmarks within the City.

(Ord. 99-791 Exh. A (part); prior code § 9-10.102)

The Planning Commission shall be appointed as the Historic Preservation Commission. Meeting times shall be the regular meeting times of the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-10.104)

The Community Development Director shall act as secretary to the Historic Preservation Commission and shall be the custodian of its records, conduct official correspondence, and generally coordinate the clerical and technical work of the Historic Preservation Commission in administering this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-10.105)

The Historic Preservation Commission shall have the following powers and duties:

A.

Administer the provisions of this chapter;

B.

Perform such other advisory functions as may be delegated from time to time to the Historic Preservation Commission by the City Council;

C.

Maintain a current register of landmark designations for public use and information.

(Ord. 99-791 Exh. A (part); prior code § 9-10.106)

11.56.060 - Landmark designation—Criteria.

A building or structure may be designated a historic landmark if it is found that one or more of the following conditions exist with reference to such building or structure:

A.

The proposed landmark is particularly representative of a historical period, type, style, region or way of life;

B.

The proposed landmark is an example of a type of building which was once common but is now rare;

C.

The proposed landmark is one of the best remaining examples of a particular architectural type or style in the area;

D.

The proposed landmark is identified with persons or events significant in local, State or national history;

E.

The proposed landmark is representative of the notable work of a builder, designer or architect.

(Prior code § 9-10.107)

11.56.070 - Landmark designation—Procedure.

A.

Any person may request the designation of real property as a landmark for the purpose of preserving an identified cultural resource on the property or portions of the real property by submitting an application for such designation to the Historic Preservation Commission. The City Council may initiate such an application on its own motion. When the property is privately owned, the application shall include the written consent of the property owner.

B.

Any such proposal shall be filed with the Community Development Department upon the prescribed form and shall include the following data:

1.

Assessor's parcel number and legal description of site;

Description detailing the special aesthetic, cultural, architectural, or engineering interest or value of the proposed landmark;

3.

Sketches, drawings, photographs or other descriptive material;

4.

Statement of condition of structure;

5.

Other information requested by the Historic Preservation Commission.

C.

Proposals shall first be reviewed by the Development Review Committee with comments and recommendations from the Montclair Foundation for History and Art forwarded to the Historic Preservation Commission.

D.

The application shall then be referred to the Historic Preservation Commission for review and report to the City Council as to conformance with the purposes and criteria of this chapter. The Historic Preservation Commission shall hold a public hearing. The Historic Preservation Commission shall recommend approval or disapproval of the designation to the City Council.

E.

The City Council shall hold a public hearing on any proposed designation so transmitted. The City Council may approve, modify and approve, or deny the proposed designation.

F.

The property included in any such designation shall be subject to the regulations set forth in this chapter and any further controls specified in the designating chapter.

G.

The designation of historic landmark shall run with the land and be binding upon the subsequent owners of the real property. Upon the designation, the real property owner shall sign a certificate of historic landmark designation and shall file said certificate for recordation with the San Bernardino County Recorder's Office.

H.

A landmark shall be identified by an approved City marker.

(Ord. 99-791 Exh. A (part); prior code § 9-10.108)

The following procedures shall be followed in processing applications for approval to do work on landmarks covered by this chapter:

A.

The Building Official shall report any application for a permit to do work that affects the exterior appearance of a designated landmark to the Planning Division. If the Planning Division determines that such proposed work will affect the exterior appearance of the landmark, the application shall be referred to the Historic Preservation Commission.

B.

Such applications shall be accompanied by such plans and materials as are required by the Historic Preservation Commission and are reasonably necessary for the proper review of the proposed work.

C.

The Historic Preservation Commission shall complete its review and make a decision within 30 days of the application being accepted as complete. All decisions, interim or final, shall be made at regular meetings of the Historic Preservation Commission. The Historic Preservation Commission's decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. This decision may be appealed pursuant to Section 11.56.120 of this chapter.

D.

Applications for demolition of designated landmarks or relocation permits to relocate designated landmarks from within City boundaries may only be approved by the City Council upon a showing of hardship by the applicant or the owner of the subject property pursuant to Section 11.56.100 of this chapter.

E.

Notice of the date, place, time and purpose of the Historic Preservation Commission hearing shall be given by first class mail to the applicants and the owners and occupants of the designated site at least 10 days prior to the date of the hearing.

F.

Any person or entity who fails to obtain permits or plan review approval to do work or to do work in compliance with permits or plan review approval obtained shall be guilty of a violation pursuant to Chapter 1.12 of this Code.

(Ord. 06-889 § 13; Ord. 99-791 Exh. A (part); prior code § 9-10.109)

The Historic Preservation Commission shall promote the use of appropriate preservation incentives to encourage owners to designate, maintain, preserve and improve their culturally significant property. Incentives shall be authorized upon approval by the City Council, and shall include, but not be limited to the following:

A.

Mills Act contracts which will lower property taxes of designated structures;

B.

Preservation easements on the facades of designated buildings to enable owners to receive income tax deductions;

C.

Use of the California State Historical Building Code to provide alternative building regulations for rehabilitation of designated structures;

D.

Technical assistance for designated structures through the City's Building Division;

E.

Reduced processing fees for appropriate rehabilitation of designated historic landmarks;

F.

Assistance in processing applications for federal investment tax credits for rehabilitation of landmarks on the National Register of Historic Places;

G.

Grants and loans for appropriate rehabilitation of designated historic landmarks;

H.

Awards and other symbols of recognition of exemplary rehabilitation.

(Ord. 99-791 Exh. A (part); prior code § 9-10.110)

A.

A certificate of hardship may be granted permitting demolition, moving, subdivision, new construction or alteration for properties that have been denied an "alterations to historic landmark permit."

B.

In determining whether substantial hardship exists, the Historic Preservation Commission shall consider the evidence submitted by the applicant and evidence which demonstrates, but is not limited to the following:

1.

Bonafide efforts to rent or sell the property have been unsuccessful;

2.

Approval or conditional approval to do work permitted by this chapter will not enable the applicant to rent or sell the property at a reasonable rate of return;

3.

It is not economically or technically feasible to renovate or undertake an alternative development compatible with the permit criteria outlined in this chapter;

4.

Personal or economic circumstances exist which preclude the applicant from performing work in compliance with the permit criteria outlined in this chapter;

5.

Any other showing of hardship exists as may be found by the City Council.

C.

The Historic Preservation Commission may delay the decision on the application for a period not to exceed six months to investigate plans to allow for a reasonable use of or return from the property or other measures to preserve the property, including selling the property to an individual or group that would preserve it.

D.

The Historic Preservation Commission shall review the evidence presented at the scheduled public hearing, and take action by resolution stating the findings and facts relied upon in making the decision.

(Ord. 99-791 Exh. A (part); prior code § 9-10.111)

The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as historic landmarks. The most current SHBC may be used for any designated historic landmark in the City's building permit procedure when the Director of Community Development makes the determination that appropriate alterations cannot feasibly occur utilizing the current Uniform Building Code.

(Prior code § 9-10.112)

Any interested party may appeal a decision of the Historic Preservation Commission by filing a Notice of Appeal with the City Council no later than 10 days after the Historic Preservation Commission's decision is made. Said appeal shall state the grounds upon which the appeal is made. Said notice shall be accompanied by a fee equal to the fee set by resolution of the City Council for zone variances for

homeowners. The City Council shall schedule a public hearing to be held no later than 30 days after the notice of appeal is filed, and shall render its decision within 30 days of said hearing date.

(Ord. 99-791 Exh. A (part): prior code § 9-10.113)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any designated site covered by this chapter that does not involve a change in design, material, or external appearance thereof, nor does this chapter prevent work on such feature when the Building Official certifies to the Historic Preservation Commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historical Building Code.

(Ord. 99-791 Exh. A (part); prior code § 9-10.114)

The owner, occupant, or other person in actual charge of a landmark shall keep in good repair all of the exterior portions of such improvement, building or structure, and all interior portions where whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

(Ord. 99-791 Exh. A (part); prior code § 9-10.115)

Chapter 11.58 - HOME OCCUPATIONS

Sections:

Recognizing that unrestricted use of residential properties for purposes of an occupational nature other than that normally associated with home living has a detrimental effect on both the residential area in which the occupations are conducted and the areas properly designated for such uses, and further recognizing that this detrimental effect results in the depreciation of values, welfare, happiness and morale of the entire community, it is the purpose of this chapter to eliminate this detrimental effect by creating criteria for the establishment and conditions for the continuance of home occupations. This chapter shall not apply to foster homes or children's day-care facilities.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

A.

Home occupations may include the following:

Secondary business offices when a business has its principal office, staff and equipment located elsewhere;

2.

The home office of a salesman when all sales are consummated by telephone and/or written orders with no commodities or displays on the premises;

3.

Drafting, designing, and the like, using only the normal drafting equipment; and

4.

Such other uses as are found by the Planning Commission, and approved by the City Council, to be a home occupation in accordance with the standards as set forth in Section 11.58.030 of this chapter.

B.

It shall be the duty of the Planning Commission to ascertain all pertinent facts concerning such use and, by resolution of record, to set forth its findings and reasons for designating such specific classification for such use. Such resolutions shall be referred to the City Council, and, if approved by the City Council, such designated classification shall govern unless the same is revoked as provided in Section 11.58.040 of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

The following criteria shall be employed for the evaluation of a home occupation:

A.

No employment of help other than the members of the resident family;

B.

No use of materials or mechanical equipment which creates sound, vibration, odors, or other effects which can be heard, felt, or otherwise sensed upon adjoining property or a public right-of-way;

C.

No commodities sold upon the premises;

D.

No advertising signs displayed which are visible from any street or highway and no vehicles with advertising thereon kept standing in front of the dwelling;

E.

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

F.

It shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed one-half-ton rated capacity;

G.

No excessive or unsightly storage of materials or supplies, indoors or outdoors;

H.

Not more than one room in the dwelling shall be employed for the home occupation;

I.

No building or space outside the main building shall used for home occupation purposes;

J.

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 may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, signs, sounds or noises, vibration, etc.); and

K.

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

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

A.

A home occupation permit granted in accord-ance with the provisions of this title may be terminated if the Planning Commission and City Council make any of the following findings:

1.

That any condition of the home occupation permit has been violated;

2.

That the use has become detrimental to the public health or safety or is deemed to constitute a nuisance;

3.

That the permit was obtained by misrepresentation or fraud;

That the use for which the permit was granted has ceased or has been suspended for six consecutive months or more;

5.

That the condition of the premises, or of the neighborhood of which it is a part, has changed so that the use may no longer be justified under the meaning and intent of this chapter.

B.

After a hearing upon the revocation of a home occupation permit, the Planning Commission shall report its findings of fact and recommendations to the City Council by resolution; and, upon receipt of such recommendation, the City Council shall determine the facts and may revoke, modify, or allow to remain unchanged the home occupation permit in accordance with the City Council's final determination.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1814 (part))

A home occupation permit granted in accordance with the provisions of this chapter shall not be transferred, assigned, nor used by any person other than the permittee, nor shall such permit authorize such home occupation at any location other than the one for which the permit is granted.

(Prior code § 9-4.1814 (part))

Chapter 11.60 - WATER-EFFICIENT LANDSCAPING AND CONSERVATION[[10]]

Sections:

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. No. 10-913, § 4, adopted July 6, 2010, repealed the former Chapter 11.60, §§ 11.60.010—11.60.090, and § 4, of Ord. No. 10-913 enacted a new Chapter 11.60 as set out herein. The former Chapter 11.60 pertained to landscape water conservation and derived from Prior code §§ 9-6.801— 9-6.809 and Ord. No. 791.

The purpose of the Water-Efficient Landscape and Conservation Ordinance is to:

A.

Recognize that landscaping enhances the aesthetic appearance of developments and communities.

B.

Support the beneficial, efficient, and responsible use of water resources for all customers/users within the City of Montclair.

C.

Retain the land's natural hydrological role within the Santa Ana Watershed and promote the infiltration of surface water into the groundwater in the Chino Basin.

D.

Acknowledge that landscape water use accounts for more than 60 percent of all domestic water use in the City of Montclair and the need to utilize water and other resources as efficiently as possible.

E.

Promote the use of low-water-use plants and minimize the use of cool season turf.

F.

Preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.

G.

Conserve potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications.

H.

Encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes.

I.

Increase public education about water conservation and efficient water management.

J.

Reduce or eliminate water waste.

K.

Be at least as effective in conserving water as the model ordinance adopted pursuant to Government Code Section 65595, commonly known as Assembly Bill 1881.

(Ord. No. 10-913, § 5, 7-6-10)

The Director of Community Development or his/her designee shall have the duty and authority to administer and enforce the provisions of this chapter. For projects requiring Planning Commission or City Council review and approval, additional conditions may be imposed as may be deemed necessary in order to fully carry out the provisions and intent of this chapter.

No building permits or design approval shall be granted for projects subject to this chapter without prior review and approval of the Landscaping Documentation Package as required herein.

(Ord. No. 10-913, § 5, 7-6-10)

Effective September 1, 2010, the provisions of this chapter shall apply to all of the following types of landscape projects:

A.

New construction and rehabilitated landscape areas associated with all public agency projects, private commercial, industrial, and institutional projects, and developer-initiated single-family subdivisions and multifamily residential projects that require a building permit and/or design review and have a net aggregate project landscape area equal to or greater than a total of 2,500 square feet.

B.

New construction and rehabilitated residential landscape areas associated with a homeowner-installed project (do-it-yourself or contractor projects) that require a building permit and have a total net aggregate project landscape area equal to or greater than 5,000 square feet.

(Ord. No. 10-913, § 5, 7-6-10)

This chapter shall not apply to:

A.

Existing landscapes installed before the effective date of the ordinance from which this chapter is derived. Voluntary upgrades of existing landscaping to meet the general requirements for all properties as listed in this chapter are strongly encouraged.

B.

Registered local, state, or federal historical sites.

C.

Ecological restoration projects that do not require a permanent irrigation system.

D.

Mined land reclamation projects that do not require a permanent irrigation system.

E.

Botanical gardens and arboretums open to the public.

(Ord. No. 10-913, § 5, 7-6-10)

Landscaping shall be required for all residential, commercial, and industrial properties. It shall be the responsibility of the Planning Division to regulate and control the scope, quantity, and quality of all landscape development within the City, including, but not limited to street trees, open areas, parking lots, City parkways, front and street side yards, residential tract entries, and establish criteria for hardscape elements such as walls and fences.

The following landscape standards and requirements shall be used when preparing new landscape plans development projects within the City including modifications to existing planned development(s).

A.

A landscape design plan shall illustrate a recognizable pattern or theme for the overall improvement of the property and shall incorporate basic design principles of scale, balance, texture, form, and unity. Creativity is encouraged in the preparation of landscape schemes so long as the designs are attractive, easy to maintain, and promote water conservation.

B.

Each landscape plan shall address functional aspects of landscaping, including, but not limited to, the following:

1.

Drainage, erosion prevention, and wind barriers.

2.

Slope Protection. Any disturbed slopes to be revegetated with erosion protective plantings and surfacing.

3.

Provision for shade, reduction of glare, recreation use, and visual relief.

4.

Screen adjacent uses from parking or storage areas, trash enclosures, public utilities, and other similar land uses or elements that could cause a negative impact on adjacent uses based on aesthetics, noise, odors, etc.

5.

Provide landscaping that is compatible with the neighboring uses.

6.

Relieve solid, unbroken building elevations and/or to soften the appearance of continuous wall planes.

7.

Specify vines or planted wall coverings to deter graffiti of walls and other architectural surfaces.

C.

Landscaping plans shall feature the predominate use of water saving plant materials suitable to the local climate that are grouped together into distinct hydrozones (plants having similar water needs and microclimate growing requirements), and be of a variety that will provide a high degree of visual interest during all seasons.

D.

Concrete and/or asphalt pavement surfaces may not be used within landscape areas, except for required driveways and walkways.

E.

Plant materials—including vines, shrubs, perennials, ornamental grasses, turf, and groundcover plants— shall comprise a minimum of 50 percent of the landscape area of the front and street side yard areas. Turf grasses may not comprise more than 50 percent of the living plant materials used within any required front and street side yard landscape areas.

F.

Decorative hardscape elements may not exceed a maximum of 50 percent of a required front and street side yard landscape area. Decorative hardscape elements include appropriately sized fountains or boulders, river rock, cobbles, crushed rock, gravel, organic mulches, walks, decorative pavers, and artificial turf which complement living plant materials, enhances the appearance of the property and structures built thereon, and an integral part of an overall landscape concept.

G.

Clear Vision Triangle. On all corner lots, in zones with a required front yard, this triangle is defined as an area bounded by the front and side property lines and a line connecting them at two points 30 feet back from their intersection. Within this triangle, no plant material or structure may exceed three feet in height, measured from top of the adjacent curb.

H.

Painted surfaces or use of artificial plants, except synthetic turf as allowed by this chapter, shall not be permitted under any circumstances.

I.

Existing healthy and mature trees shall be preserved or relocated elsewhere on the site, wherever feasible.

J.

Landscaping shall be compatible with the character of landscaping on adjacent property, provided that the quality of the adjacent landscape meets the standards of this chapter. It is not the intent of this section to require the use of identical plant materials or landscape designs.

K.

All landscaped areas shall be supported by an automatic irrigation system and a backflow prevention assembly according to standard details adopted by the City. All irrigation systems and landscaped areas shall be designed, constructed, and maintained so as to promote water conservation, avoid overspray onto walls and structures, and to prevent water overflow or seepage onto the street, sidewalk, parking areas, or other nonpervious areas to the maximum extent feasible.

L.

All aboveground irrigation devices, such as timers, Fire Department connections (FDC), double detector check valves (DDC), backflow devices, etc., shall be incorporated into planting areas and located out of public view or screened to minimize the aesthetic impacts to the greatest extent possible. For FDC and DDC devices, the applicant shall consult with the local water purveyor and/or Fire Department to verify technical requirements and to find the least prominent location(s) possible.

M.

Each landscape plan shall demonstrate a concern for solar access, including exposure and shading of window areas.

N.

Property owners shall be responsible for regularly maintaining all landscaping in a healthy and vigorous living condition at all times. This requirement shall include proper pruning, mowing of lawns, weeding, removal of litter and debris, fertilizing, and the regular watering of all plants. Dead vegetation shall be promptly replaced with healthy, living plants in accordance with standard seasonal planting practices.

O.

In addition to conforming to this chapter, all landscaping shall also conform to the specific landscape requirements contained in all other applicable code sections. If a discrepancy arises between any landscape requirements, the section requiring the most landscaping and stricter design criteria shall apply.

(Ord. No. 10-913, § 5, 7-6-10)

Fence, wall, and retaining wall materials height and placement are regulated by the provisions of Title 11 herein and require a building permit. Scaled construction plans and details—including dimensions, materials, and finishes—shall be provided for fences and walls including a site plan that shows the location, height, and length of each fence, wall, and retaining wall. No permits shall be issued if this information is not provided or if the information provided is incomplete.

(Ord. No. 10-913, § 5, 7-6-10)

Property owners shall properly landscape, irrigate and maintain City parkways adjacent to and/or fronting their properties. All work within City parkways shall be reviewed and approved by the City and, depending on the scope of work occurring within the parkway, an encroachment permit or construction permit may be required.

The following minimum guidelines shall apply to landscaping and improvements within parkway planters:

A.

Use of a parkway shall be limited to landscaping. At least 75 percent of a curb-adjacent parkway shall be devoted to plant materials and appropriate organic mulching materials. For noncurb-adjacent parkways, landscaping shall be provided and incorporated into the landscaping scheme of the adjoining front or street yard area.

B.

The placement of any plant materials, hardscape, or structures within a curb adjacent parkway shall not obstruct car doors from opening and/or the ability of passengers to safely exit from parked vehicles.

C.

New plant materials installed within the parkway shall be water efficient plants that grow to a maximum height of 18 inches or less. The replacement of turf in the parkway with new water conserving plant materials is greatly encouraged.

D.

No structures shall be allowed in parkways, except for mailboxes when required by the US Postal Service (USPS), or other utility structures as approved by the City Engineer.

1.

Mail boxes shall be subject to USPS standards, and of a size that is limited to the smallest size necessary to safely secure the mail box and not obstruct visibility. Mail boxes shall not protrude beyond back of curb.

2.

Mailbox structures shall be designed to be compatible with the design of the main structure it serves.

E.

Parkway improvements shall not interfere with above- or belowground public or private utilities. Any changes or damages to any public or private utility caused by the installation shall be repaired at the sole expense of the property owner.

F.

Only street trees listed on the official City Street Tree List shall be planted within the parkway. City street trees shall not be pruned, removed or damaged in any way. Removed or damaged trees shall be replaced with trees of similar size and maturity as that which was removed or as otherwise required by the Community Development Director.

G.

No cacti, thorny plants, or other hazardous plant species shall be allowed.

H.

The growing of crops, fruit-bearing trees, or vegetables shall not be permitted.

I.

All rock/stones, bark and mulch shall be no higher than the plane established by the top of the adjacent curb and the sidewalk. Grouted rock or stonework shall be subject to review and approval of the City Engineer.

J.

Only natural earth tone colors will be permitted for mulch, stones, or rocks and shall be subject to review and approval by the Community Development Director and the City Engineer.

K.

Proper maintenance of parkways shall be the sole responsibility of the adjacent property owner at all times and at no expense to the City of Montclair.

(Ord. No. 10-913, § 5, 7-6-10)

The review of all landscaping projects subject to the provisions of this chapter shall be performed by the Community Development Department pursuant to its general development review process for projects within the City as specified in Chapters 11.06 and 11.80. Landscaping may be reviewed as an individual project or as part of a larger development review submittal, whichever applies.

A.

Submittal. Prior to issuance of a building permit or approval of an entitlement where landscaping is required, the project applicant shall submit a Landscape Documentation Package to the City for review and approval. The Landscape Documentation Package shall contain the information required by Section 11.60.110 herein.

The Landscape Documentation Package shall include certification indicating that the Landscape Concept Plan and water use calculations have been prepared by or under the supervision of a California licensed landscape architect and are certified to be in compliance with the provisions of this chapter.

B.

Review for Compliance. Landscape Documentation Package will be reviewed for completeness and compliance with the requirements of this chapter. Water use calculations shall be consistent with calculations contained herein and shall be provided to the local water purveyor, as appropriate, under procedures determined by the City.

Following a review of the Landscape Documentation Package, the City will approve the Landscape Documentation Package if it is complete and in compliance with the requirements of this chapter and will issue a permit, approve a plan check, or proceed to obtain formal project design review and approval from the Planning Commission or City Council. If the Landscape Documentation Package is not complete or not in compliance with the requirements of this chapter, it will be returned to the applicant for required corrections. Failure to comply with the requirements of this chapter shall be grounds for denial of the project.

C.

Design Approval. A Landscape Documentation Package shall be approved when the Community Development Director verifies that the proposed Landscape Concept Plan for the project complies with the provisions of this chapter, other applicable provisions of this code, and when any applicable land use permit or other entitlement requirements have been fulfilled. A copy of the approved plan will be kept on file in order to use at a later date to ensure that the plan was implemented as permitted and maintained as required.

D.

Plan Check. When a Landscape Documentation Package has been approved by the Community Development Director, it shall be submitted to the Building Division and/or City Engineer for plan check review and subsequent issuance of required permits. Plans submitted for plan check review shall be shall be consistent with and in compliance with the approved Landscape Documentation Package for a project.

E.

Inspection Prior to Occupancy. Prior to the issuance of a Certificate of Occupancy or a final approval of a building permit, a field inspection requested by the owner must be conducted by the City to determine that materials have been installed in accordance with the approved Landscape Concept Plan.

F.

Verification. Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate of Occupancy or final permit approval process. The landscape architect shall submit, prior to issuance of a Certificate of Occupancy or final approval inspection, a sealed letter of concurrence certifying that the project has been implemented in accordance with the approved plans signed and sealed by the landscape architect.

Any as-built changes made during construction and approved by the landscape architect must be noted in digital and conventional drawings delivered to the Director with the written letter of certification. This certification does not make the landscape architect responsible for the success of the project, responsible for required maintenance, or responsible for the long-term survivability of the living materials used in the project.

(Ord. No. 10-913, § 5, 7-6-10)

All landscape plans for landscaping projects subject to the provisions of this chapter shall be prepared by a licensed landscape architect and bear the official seal and signature of the landscape architect responsible for their preparation.

(Ord. No. 10-913, § 5, 7-6-10)

The landscape plan is a legal document that is binding on the developer or owner, successors, and assigns. The landscape plan is a commitment to quality and is a long-term maintenance agreement. Therefore, the plans must be complete and legible and will not be accepted if information is illegible or missing.

(Ord. No. 10-913, § 5, 7-6-10)

11.60.110 - Landscape Documentation Package.

Projects subject to the provisions of this chapter shall be required to provide a complete Landscape Documentation Package meeting the intent and design criteria of this chapter. The Landscape Documentation Package shall include the following items:

A.

Development Review Application accompanied by the associated fee;

B.

Landscape concept plan;

C.

Water budget;

D.

Landscape construction drawings (including a grading plan, irrigation plan, plant plan);

E.

Soils test presenting laboratory analysis of soil samples and recommendations; and

F.

Approved Water Quality Management Plan (WQMP).

(Ord. No. 10-913, § 5, 7-6-10)

The Landscape Concept Plan shall be prepared by a licensed landscape architect. Any documentation packages submitted without the signature of a licensed landscape architect shall not be accepted for review. The Landscape Concept Plan shall include the following elements.

A.

Design Statement and Concept. The design statement and concept plan shall demonstrate awareness of the water conservation goals and design standards and specifications contained in this chapter.

B.

Landscape Site Plan. The landscape site plan shall be drawn to scale, fully dimensioned and detailed, and shall include the following information:

1.

A north arrow, scale, site boundaries, calculation of the total landscape area, identification of topographic features on and adjacent to the site, approximate slope percentages, and solar exposure.

2.

Location of all buildings, parking areas, and any other physical structures/improvements on the project site including fences and walls, light fixtures, meters and utility boxes, transformers, fire equipment, other ground mounted equipment, etc.

3.

Proposed hydrozones, plant palette (with botanic and common names), and planting notes (i.e., number and size of plants, planting distances, etc.).

4.

Location of existing plant materials to be preserved (including street trees) on the site.

5.

Tree staking, plant installation, soil preparation details, and other applicable planting and installation details.

6.

Any Water Quality Management Plan requirement as it relates to landscape design.

7.

Any other such information that may be required by the Community Development Director that is reasonable and necessary to determine that the landscape design plan meets the requirements of this chapter.

C.

Plant Selection and Grouping Criteria. The following criteria shall be considered in selecting plants and for plan preparation:

1.

Unless otherwise prohibited by this chapter or the Montclair Municipal Code, any plant may be used in the landscape plan if the EAWU (estimated annual applied water use) does not exceed the MAWA (maximum annual water allowance).

2.

Select plants based upon their adaptability to the climate, geologic, and topographical conditions of the site. The use of long-lived drought tolerant or native and/or regionally grown plant species are recommended to meet MAWA limits. A water-efficient landscape material list meeting these criteria is on file with the Community Development Department.

3.

Short-lived annual or exotic plant species may be utilized in moderation as a supplement to the long-lived materials.

4.

Group plants having similar water needs together in distinct hydrozones.

5.

Protect and preserve existing native species, particularly healthy trees and natural areas whenever feasible.

D.

Minimum Plant Quantities and Sizes.

1.

Street Trees. All Street Tree selections shall be consistent with the approved street tree plan. Ultimate placement and spacing will depend on tree species, parkway width, existing in-ground or overhead utility poles and wires, and/or any other extraordinary field condition as determined by the Community Development Director.

a.

For residential properties a minimum of one street tree per street frontage and/or two street trees for every corner lot. Minimum tree size shall be 24-inch box size.

b.

For nonresidential properties. A minimum of one 24-inch box size street tree shall be planted per property street frontage, spaced at 35 feet on center, or as otherwise specified by the Community Development Director.

2.

Trees. A minimum of one 15-gallon-sized tree shall be planted for every 300 square feet of landscaped area on the property.

a.

One tree or 20 percent of the required number of trees (whichever is greatest) shall be in a minimum box size of 24 inches.

b.

Required trees may be located anywhere within the street yard planting area at least five feet away from adjacent public sidewalks.

3.

Shrubs. A minimum of one shrub shall be planted for each 25 square feet of front and street corner side yard areas. Minimum shrub size at installation shall be five-gallon size or one-gallon size for California Native shrubs.

4.

Ground Covers. Ground covers shall be installed in all landscaped areas at a quantity and spacing distance that will achieve at least 80 percent coverage within one year from the date of planting.

5.

Turf—Minimize the Use of Turf. Where turf is installed, the following standards shall be considered:

a.

Turf areas shall be used wisely in response to functional needs and shall not exceed the MAWA.

b.

Use of warm-season turf is strongly encouraged.

c.

Limit the use of turf to high use areas or for specific recreational uses.

d.

Turf shall not be permitted on slopes greater than 4.1.

e.

All turf areas shall be separated from other landscaped areas by concrete curbing, redwood header board, or other acceptable and durable material.

f.

Use of turf within parking area landscape islands is strongly discouraged. In no case shall turf be allowed in any landscaping islands or planters with less than an eight-foot dimension in any direction.

6.

Avoid use of invasive species of plants especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas.

7.

Use organic mulch within developed landscapes to retain moisture. At least two inches of mulch shall be used in all nonturf planting areas and slopes of 4.1 or greater. For slopes of 4.1 or greater, jute netting or other slope stabilization measures shall be required.

E.

Water Features.

1.

Recirculating water systems shall be used for decorative water features.

2.

Where available, recycled water shall be used as the source for water features (excluding swimming pools and spas).

3.

The surface area of a water feature shall be included in the MAWA calculation with the evaporation rate being equivalent to that of a high-water-use plant.

(Ord. No. 10-913, § 5, 7-6-10)

Synthetic turf may be incorporated as an element of a landscaping plan as a substitute for natural turf and for the purposes of water conservation. The Community Development Director shall review and approve all requests to install synthetic turf subject to the following criteria:

A.

Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half inches. The use of indoor or outdoor plastic or nylon carpeting as a substitute for artificial turf or natural turf is prohibited.

B.

Synthetic turf shall be limited to a maximum of 50 percent of the landscape area visible to a public street, and shall be permitted only in combination with other live plant materials (i.e., trees, shrubs, and groundcover) that are designed to achieve an overall natural landscaped appearance for the property.

C.

In no case shall synthetic turf be used in combination with natural turf in the same landscape area, or in a landscaping scheme where both elements can be viewed together.

D.

Proper drainage shall be provided for all synthetic turf installations to prevent excess runoff or pooling of water. In some cases, a drainage plan prepared by a Registered Civil Engineer may be required.

E.

Synthetic turf shall be professionally installed and routinely maintained to effectively simulate the appearance of a well-maintained live lawn. The turf shall be maintained in a green fadeless condition and shall be maintained free of weeds, debris, tears, holes, and impressions.

F.

Synthetic turf shall not be included as part of the landscape area when calculating the MAWA.

(Ord. No. 10-913, § 5, 7-6-10)

To promote water conservation, projects subject to this chapter shall develop a water budget. The water budget is based on the maximum applied water allowance (MAWA), which is a calculation of the maximum amount of water allowed to be used within the landscape area, and the estimated applied water use (EAWU), which is the actual amount of water to be used within the landscape area. The EAWU cannot exceed the MAWA.

A.

Maximum Applied Water Allowance (MAWA). A landscape's maximum applied water allowance shall be calculated using the following formula:

MAWA = (ETo) (0.7) (LA) (0.62)

Where:

ETo = Evapotranspiration Rate

• 0.7 = Evapotranspiration (ET) Adjustment Factor

LA = Landscape Area

• 0.62 = Conversion factor (to gallons)

For special landscape areas, the ET adjustment factor is 1.0. When the project area consists of both standard and special landscape areas, calculate each area separately and combine to receive a final MAWA.

B.

Estimated Applied Water Use (EAWU): A landscape's estimated applied water use shall be calculated using the following formula:

Where:

ETo = Evapotranspiration Rate

0.62 = Conversion factor (to gallons)

PF = Plant Factor

HA = Hydrozone area (square feet)

0.71 = Irrigation efficiency

SLA = Special Landscape Area (square feet)

C.

Water Budget Calculations. All water budget calculations shall adhere to the following requirements:

1.

The plant factor used shall be from "Water Use Classification of Landscape Species" (WUCOLS). Plant factor ranges from 0.0 to 0.3 for low-water-use plants, from 0.4 to 0.6 for moderate-water-use plants and from 0.7 to 1.0 for high-water-use plants.

2.

All water features shall be included in the high-water-use hydrozone and temporarily irrigated areas shall be included in the low-water-use hydrozone.

(Ord. No. 10-913, § 5, 7-6-10)

11.60.150 - Landscape construction plans.

A.

Grading Plan. Grading onsite shall be designed to minimize unnecessary soil compaction, erosion, and water waste. Grading plans must satisfy City grading ordinances and be submitted as part of the Landscape Documentation Package. The grading plan shall include the following information:

1.

Locations of all physical improvements on the site, including buildings/structures, paving, curbing, walls/fences, etc., with grade elevations noted.

2.

All cut-and-fill slopes indicated with appropriate symbols and noting slope ratios.

3.

Sufficient information about the grades of adjacent properties and streets so as to make clear the relationship of the subject property to the adjacent properties.

4.

Drainage patterns and improvements.

5.

Erosion and sediment control measures for all phases of the construction project.

B.

Soil Testing. Soil testing shall be performed after mass grading, but prior to landscape installation, to ensure the selection of appropriate plant material that is suitable for the site and reported in a soil management plan. The soil management plan shall include:

1.

Determination of soil texture indicating the available water holding capacity.

2.

An approximate soil infiltration rate as measured or derived from a soil texture/infiltration rate table. A range of infiltration rates shall be noted where appropriate.

3.

Measure of pH and total soluble salts.

4.

Recommended soil amendments.

C.

Water Management Plan. A water management plan shall be prepared and submitted as part of the Landscape Documentation Package in accordance with the requirements of this chapter. The Plan shall include the following information:

1.

A description of the site conditions and the anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the Landscape Concept Plan. The water management plan shall include calculations demonstrating an overall water budget that requires no more irrigation than the 0.7 of the ET adjustment factor. This includes full calculations for both the MAWA and EAWU.

2.

Identify the party(ies) responsible for implementation of the water management plan.

3.

Describe water delivery systems, including the type of irrigation system to be used, and water conservation methods to be applied.

4.

Specify seasonal irrigation water schedules or procedures for programming proposed SMART controllers.

5.

Provide a maintenance schedule for the ongoing operation and maintenance of the irrigation system.

(Ord. No. 10-913, § 5, 7-6-10)

11.60.160 - Irrigation requirements.

A.

Irrigation Plan. The irrigation plan shall be prepared and submitted as part of the Landscape Documentation Package for review and approval. The plan shall use the same format and scale as the Landscape Concept Plan and shall include the following information:

1.

The location and size of water meter(s) used for landscape irrigation purposes.

2.

The location, type, and size of all components of the irrigation system including automatic controllers, main and lateral lines, valves, sprinkler heads, recycled water systems, moisture sensing devices, rain cutoff switches, quick couplers, and backflow prevention devices.

3.

The static water pressure at the point of connection to the public water supply.

4.

The flow rate (GPM), application rate/inches per hour (IPH), and design operating pressure (PSI) for each station.

5.

An irrigation schedule that identifies the runtime (in minutes per cycle), number of cycles per day, and number of days per week.

6.

The amount of applied water (in 100 cubic feet) recommended on a monthly and annual basis.

7.

A regular maintenance schedule for checking, adjusting, and repairing irrigation equipment and resetting automatic controllers.

B.

Irrigation System Design Criteria.

1.

Dedicated (i.e., separate) landscape water meters shall be installed for all projects with landscape areas greater than 5,000 square feet, except for single-family residences. Dedicated landscape water meters are also highly recommended on landscape areas less than 5,000 square feet to facilitate water management.

2.

Provide separate valves for each plant hydrozone. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements (i.e., turf separate from shrubs and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope).

3.

All irrigation systems shall be designed to prevent runoff, overspray, low-head drainage, and other similar conditions to the greatest extent practical. This can be accomplished through the use of low-trajectory spray nozzles to reduce the effect of wind velocity on the spray system and by placing sprinkler heads to reduce or eliminate direct overspray onto impervious areas.

4.

Soil types and infiltration rates shall be considered when designing irrigation systems.

5.

Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. For the purpose of determining the MAWA, irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.71 efficiency.

6.

All irrigation systems shall include a SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather

conditions.

7.

A rain sensor with an automatic rain shutoff feature shall be required as part of any irrigation system.

8.

Sprinkler heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

9.

Soil moisture-sensing devices are recommended where appropriate.

10.

Narrow or irregularly shaped areas, including turf, with a dimension of less than eight feet in any direction, shall be irrigated with subsurface irrigation or other low volume irrigation technology.

11.

Overhead irrigation shall not be permitted within 24 inches of any impervious surfaces. Allowable irrigation within the setback from impervious surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

a.

The landscape area is adjacent to pervious surfacing and no overspray and runoff occurs.

b.

The adjacent impervious surfaces are designed and constructed to drain entirely to landscape areas.

c.

The irrigation designer specifies an alternative design or technology that will prevent overspray and runoff.

12.

Nonturf areas on slopes greater than 25 percent shall be irrigated with drip irrigation or other low-volume irrigation technology.

13.

An antidrain check valve(s) shall be installed to prevent low-head drainage in sprinkler heads.

A pressure regulator shall be installed when the static water pressure exceeds the maximum recommended operating pressure of the irrigation system.

C.

Irrigation Maintenance.

1.

Landscape irrigation shall be maintained to ensure water efficiency. A regular maintenance schedule shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting automatic controllers, aerating and dethatching turf areas, replenishing mulch, fertilizing; and pruning and weeding.

2.

Repair of irrigation equipment shall be done with the originally specified materials or their equivalents.

(Ord. No. 10-913, § 5, 7-6-10)

A.

The installation of recycled water irrigation systems (i.e., dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption by the Monte Vista Water District has been granted stating that recycled water will not be available in the foreseeable future.

B.

The recycled water irrigation systems shall be designed and operated in accordance with all local agency, Monte Vista Water District, and state codes and regulations.

(Ord. No. 10-913, § 5, 7-6-10)

A Water Quality Management Plan (WQMP) combines practices into the landscape, irrigation, and grading design plans to minimize runoff and increase retention and infiltration, and is highly recommended onsite. Each project shall incorporate stormwater management practices into the project design that minimize runoff, increase onsite infiltration, and improve water quality as necessary to comply with applicable stormwater regulations.

A.

Implementing stormwater Best Management Practices (BMPs) into the landscape, irrigation, and grading design plans to minimize runoff, and increase retention and infiltration are highly recommended onsite.

B.

Prior to submitting an application for plans examination, grading permit or building permit, all qualifying land development/redevelopment projects shall submit and receive approval from the City for a WQMP. The

WQMP shall identify all BMPs that will be incorporated into the project to control stormwater and nonstormwater pollutants during and after construction and shall be revised as necessary during the life of the project. The WQMP submittal applies to construction projects covered by the NPDES permit and general construction permit as well as construction projects less than five acres.

C.

No Certificate of Occupancy shall be issued for a development/redevelopment project without ensuring that all treatment control BMPs as specified in the approved WQMP will be maintained in compliance with the requirements of the municipal permit. To ensure maintenance of BMPs, the owner of the development site shall enter into a permanent stormwater quality BMP maintenance agreement with the City and have the maintenance agreement recorded at the County of San Bernardino.

D.

Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any stormwater ordinances and WQMPs.

(Ord. No. 10-913, § 5, 7-6-10)

11.60.190 - Modification or waiver from specific requirements.

The Community Development Director may administratively modify or waive one or more such requirements of this chapter when practical difficulties make their strict application infeasible. The Community Development Director shall review the plans and a written detailed explanation of the reason(s) for the waiver request, and make a determination on the request based on both of the following findings:

A.

Practical difficulties make the strict application of portions of the ordinance infeasible.

B.

The waiver is consistent with the purpose and intent of the ordinance in that the project substantially achieves the overall objective of water conservation.

(Ord. No. 10-913, § 5, 7-6-10)

The City shall coordinate with the Monte Vista Water District in the review of Landscape Documentation Package, including assistance in the review of proposed water budgets for projects. Whenever feasible, the City shall seek District assistance in requiring dedicated irrigation meters for all new metered connections, in providing irrigation surveys and/or water use analyses to existing and new landscapes, in developing and distributing public information materials on water conservation, and in reviewing project applications for future recycled water usage potential and recycled water system design specifications. Whenever feasible, the City shall assist the District in enforcing applicable water waste prevention measures as established by District ordinances and/or resolutions.

(Ord. No. 10-913, § 5, 7-6-10)

11.60.210 - Minor revisions to approved landscape plans.

Minor changes to approved landscape plans subject to this chapter may be approved by the Community Development Director, or designee, when there is.

A.

No significant reduction in the quantity of plant materials.

B.

No significant change in size or location of plant materials.

C.

A lack of availability for specified plant materials and the new plants are of the same general category (e.g., evergreen tree or shrub) and have the same general design characteristics as the materials being replaced.

D.

No significant change in the approved irrigation plan or MAWA calculations.

(Ord. No. 10-913, § 5, 7-6-10)

11.60.220 - Certificate of completion.

A.

Upon completion of the installation of landscaping and irrigation systems, a certified landscape irrigation auditor shall conduct an irrigation audit.

B.

A licensed landscape architect or contractor, or other licensed or certified professional in a related field, shall conduct a final field inspection and shall prepare a certificate of completion, which shall be filed with the Community Development Director. The certificate of completion shall specifically indicate that plants were installed as specified by the landscape design plan, that the irrigation system was installed as specified by the irrigation design plan, and that an irrigation audit has been performed.

C.

The certificate of completion shall include the following:

1.

Date;

Project name;

3.

Project applicant name, telephone, and mailing address;

4.

Project address and location;

5.

Property owner name, telephone, and mailing address;

6.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package;

7.

Landscape and irrigation maintenance schedule;

8.

Irrigation audit report;

9.

Soil analysis report and documentation verifying implementation of soil report recommendations.

(Ord. No. 10-913, § 5, 7-6-10)

Upon notice to the property owner, the Community Development Director, or his/her designee, shall have the right to enter the project site to conduct inspections for the purpose of enforcing this chapter before, during, and immediately after installation of the landscaping.

A.

Any landscaping that is installed, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, or failure to comply with any of the conditions of a permit or variance granted under this chapter is declared to be unlawful. The City Attorney may initiate an action or proceeding to enforce the provisions of this chapter, as appropriate.

B.

A copy of the approved Landscape Documentation Package shall be submitted to the Monte Vista Water District. If the property is found to be in excess of its established MAWA, the property shall be subject to a

landscape water audit conducted by the District or its designee and shall implement remedies recommended by the audit.

C.

Landscaping found to be improperly installed or not according to approved plans is subject to correction. Installations deemed to be significantly different than approved may be required to resubmit plans for City review and approval including the payment of additional fees.

(Ord. No. 10-913, § 5, 7-6-10)

All landscaping and irrigation systems shall be maintained in accordance with the approved site and/or landscape plan to ensure water use efficiency. A regular maintenance schedule shall be submitted to the City with the certificate of completion and a copy shall be kept by the property owner for reference.

A.

Any plant material that does not survive or which was removed or destroyed, shall be replaced upon its demise or removal, with plant material of like type and size as that which was originally approved and installed.

B.

Plant material shall not be severely pruned such that the natural growth pattern or characteristic forms are significantly altered. Trees shall only be pruned as necessary to promote healthy growth and for aesthetic purposes (i.e., to enhance the natural form of the tree) according to established horticultural standards. Improperly or severely pruned trees, including topping as defined by this chapter, which results in the removal of the normal canopy and/or disfigurement of the tree shall be replaced with trees of similar size and maturity as that which was removed or, as required by the Community Development Director.

C.

All landscape areas and material shall be maintained in a healthy, neat, clean, and weed-free condition.

D.

Modifications to and/or removal of existing landscaping shall require prior approval by the Planning Division.

(Ord. No. 10-913, § 5, 7-6-10)

Chapter 11.62 - MOBILE HOME PARKS

Sections:

Article I. - General Provisions

This title shall he known as and may be referred to as the "Minimum Mobile Home Park Development Standards."

(Prior code § 9-8.101)

A.

It is the intent of this chapter to provide minimum regulations for the establishment, operation and maintenance of mobile home parks, which regulations equal or exceed all applicable State laws. It is intended that livability be one of the major concerns in the development of mobile home parks. With the increased development and use of mobile homes and mobile home parks, privacy, convenience and recreation have become critical factors and are of primary concern in regulating mobile home parks.

It is the further intent of these regulations that innovative and modern design criteria shall be one of the central concerns in the development of mobile home parks within the City. Additionally, mobile home park design shall be developed to conform to community goals enumerated in the General Plan.

B.

An optimum living environment shall be maintained within the City's mobile home developments. It is the management's responsibility to ensure such maintenance. The optimum living environment, based on General Plan goals and objectives and staff analyses of current mobile home park trends, shall observe the following general characteristics:

1.

Responsible neighborhood relationships with amenities, such as street lighting; street trees; and walkways to every home site, park site, and recreational area;

2.

Open to "all" segments of the community: young and old, family and non-family, and all ethnic backgrounds;

3.

Provisions for all current coach styles at the time of the park construction;

4.

Proper and equitable public and private utility and management services; and

5.

It is also intended to permit individually owned mobile home sites within an approved mobile home park with adequate management services.

C.

It is intended that these regulations shall be minimum regulations below which no variance or deviation will be permitted.

(Ord. 99-791 Exh. A (part); prior code § 9-8.102)

In addition to other pertinent State and local regulations, the regulations and the general rules set forth in this chapter shall apply for the construction of any new mobile home park or the expansion of any existing park site.

(Prior code § 9-8.103)

Article II. - Construction and Design Requirements

Subject to the securing of a conditional use permit, a mobile home park shall be permitted when it meets:

A.

The provisions of this chapter;

B.

The provisions of Chapters 11.38, 11.48, 11.52, 11.58, 11.66, 11.74, 11.76, 11.78 and 11.82 of this title;

C.

Any additional conditions which might be imposed by the Planning Commission; and

D.

The provisions of Chapters 11.86 and 11.88 of this title shall apply in the event individual ownership of individual mobile home sites is desired.

(Prior code § 9-8.104)

The maximum density shall not exceed seven dwelling units per gross acre; furthermore, the density of the mobile home park shall conform to the density indicated on the General Plan of the City for that area in which the mobile home park is to be constructed.

(Ord. 99-791 Exh. A (part); prior code § 9-8.105)

A mobile home park shall consist of a minimum of 10 acres and have frontage on a dedicated street of at least 500 feet.

(Ord. 99-791 Exh. A (part); prior code § 9-8.106)

All mobile home park developments shall provide for both family and adult living and appropriate amenities provided for all age groups being served. It is the intent of this section that families not be excluded from mobile home park living in the City. The mobile home park may have a scheme by which part of the park is devoted to family homes and part to adult homes. A minimum of 15 percent of the mobile home spaces shall be provided for family use.

(Ord. 99-791 Exh. A (part); prior code § 9-8.107)

The following minimum yard setback requirements shall be maintained in each mobile home park:

A.

Public Street Frontage. Where a mobile home park property line is adjacent to a major street, a setback to the wall of 20 feet shall be required. When such property line is adjacent to a secondary street or a street with a lower classification, a setback of 15 feet shall be required. All setbacks shall extend across the entire width of the parcel's street frontage. See Diagram No. 1 set forth at the end of this chapter.

B.

Interior Lot Lines. Where a mobile home park property line is an interior lot line, a minimum setback from the mobile home to the interior or property line wall of 10 feet shall be required.

(Ord. 99-791 Exh. A (part); prior code § 9-8.108)

Unless otherwise specifically provided in this section, no projection into the setback areas, except for nonremovable towing tongues, shall be prohibited:

A.

A 6-foot masonry wall may be permitted along interior lot lines.

B.

When a required yard is adjacent to a major street, an average setback of 20 feet, or 15 feet for streets of a lower classification, may be utilized for the placement of the required perimeter wall. In these cases, onehalf of the linear footage of the perimeter wall may encroach a maximum of 5 feet into the respective setback area. The remaining one-half of the linear footage of the perimeter wall shall be set back a distance that will result in the perimeter wall having an average setback of 20 feet or 15 feet, whichever case applies. See Diagram No. 1 set forth at the end of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-8.109)

11.62.100 - Vehicular circulation.

A.

The main entrance of a mobile home park shall consist of two 12-foot travel lanes for ingress and two 12foot travel lanes for egress, separated by a 10-foot landscaped median island. See Diagram No. 1 set forth at the end of this chapter. No access to interior streets from the main entrance street, or auto access to mobile homes fronting on the main street, or auto parking along the main entrance street shall be permitted within the first 100 feet, measured from the property line at the main entrance.

B.

Streets providing access to more than 20 home sites shall be considered collector streets and shall be a minimum of 30 feet wide, curb to curb.

C.

Streets providing access to 20 home sites or less shall be considered service streets and shall be a minimum of 25 feet, curb to curb.

D.

One-way streets shall not be permitted within a mobile home park.

E.

No parking shall be permitted on the interior streets unless the street width is increased to provide for adequate parking lanes. Such parking lanes shall be a minimum of 8 feet in width. See Diagram No. 2 set forth at the end of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-8.110)

A.

A pedestrian circulation system shall be incorporated into the mobile home park site plan for the purpose of providing direct access to and from all individual mobile home sites, trash storage areas, recreation facilities, laundry facilities, guest parking, and other outdoor living spaces (See Section 11.62.200 of this chapter). The pedestrian circulation system may be developed with either or a combination of both of the following techniques:

1.

A sidewalk system may be developed adjacent to the street system and shall consist of a concrete sidewalk with a minimum width of 5 feet see Diagram No. 2 set forth at the end of this chapter; or

2.

An interior walkway system may be developed within a 12-foot greenway containing landscaped areas and a walk or path with a minimum width of 5 feet. See Diagram No. 3 set forth at the end of this chapter.

B.

Construction materials for sidewalks shall be concrete. Walkway systems shall utilize a substantial material, i.e. concrete, brick, flagstone, or other similar materials approved by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-8.111)

A.

The mobile home park shall contain a minimum of 500 square feet of outdoor living space for each mobile home site. Such space shall be in addition to that outdoor space provided on the individual mobile home site and shall be open, permanent, functional, and accessible to all the residents. Such space shall be located within the setback lines of the mobile home park. An interior landscaped walkway system (see Section 11.62.110 of this chapter) may be included in satisfying a part of the outdoor living space requirements.

B.

If the gross area of the mobile home park is 15 acres or greater, the outdoor living space shall be provided in more than one location. If the outdoor living space is provided in more than one location, the individual outdoor living spaces shall be a minimum of 6000 square feet in area and have a minimum dimension of 30 feet.

C.

Outdoor living space is intended to be the functional area which provides for outdoor activities available to all the mobile home park residents. Further, it is intended to be a space which may provide for activities that are also quite passive to those who are recreation or activity oriented.

D.

Areas devoted to vehicular circulation and parking shall be excluded from the required outdoor living space.

E.

The gradient or slope of all required outdoor living space shall not be greater than 5 percent in any direction, except when grade variations are used as landscape features which do not interfere with proper drainage of the site, except that the 5 percent gradient limit shall not apply to walkway systems.

F.

Swimming pools with related deck areas, wading pools, fish ponds, volley ball courts, tennis courts, barbecue areas, game rooms, putting greens, or other recreational facilities provided for the common use of all the residents may be constructed within the required outdoor living space; provided, however, they

shall not occupy more than 50 percent of the required outdoor living space. In addition, recreation facilities shall be appropriate for the age group served. The family aspect of the mobile home park requires that children's play areas be the primary consideration. Such other facilities as volley ball courts, tennis courts, swimming pools, handball courts, and putting greens should be considered so as to maximize the amount of personalized recreation.

G.

Under all conditions, the open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development.

H.

The intent of outdoor living space is to provide usable areas for outdoor activities. In this regard, a minimum of 50 percent of all areas devoted to outdoor living space shall be landscaped with trees, shrubs, and ground cover; however, it should be noted that inaccessible outdoor areas (areas in which the landscaping precludes the use of the ground areas) shall not qualify as such living space.

(Ord. 99-791 Exh. A (part); prior code § 9-8.112)

All pleasure boats and travel trailers shall be stored in an area set aside for such storage on the approved plans. Such area shall be screened from view and shall provide a minimum of one boat or trailer space not less than 10 feet for each 10 mobile home sites in the park.

(Ord. 99-791 Exh. A (part); prior code § 9-8.113)

Each park shall maintain a directory sign depicting the location and house number of each mobile home unit.

(Prior code § 9-8.114)

Park identification signs shall comply with the provisions of this Code.

(Prior code § 9-8.115)

11.62.160 - Home site development standards.

A.

Coverage. No more than 60 percent of a mobile home site may he covered with structures, such as mobile homes, carports, covered patios, and storage buildings.

B.

Mobile Home Site Area. A mobile home site designed for a double-wide mobile home (between 20 feet and 24 feet in width) shall have a minimum site area of 3800 square feet and a minimum width of 40 feet. A mobile home site designed for a single-wide mobile home (between 10 feet and 12 feet in width) shall have a minimum site area of 2850 square feet and a minimum width of 30 feet. See Diagram No. 4 set forth at the end of this chapter. A minimum of 10 percent of the mobile home spaces shall be designed for single wide coaches.

1.

A mobile home unit shall be located a minimum of 10 feet from the front home site line, 6 feet from any side home site line, and 5 feet from the rear home site line.

2.

Attached or detached accessory structures shall be located not less than 3 feet from any space line and not less than 6 feet from any adjacent mobile home or accessory structure.

3.

Permanent structures, such as laundry buildings, recreational buildings, and caretaker residences, shall be located a minimum of 25 feet from any mobile home.

4.

Mobile homes, accessory structures, and permanent buildings shall be located a minimum of 10 feet from the mobile home park perimeter wall, except when such wall is located within the average setback, in which case the 10-foot distance shall be measured from the average setback line.

(Ord. 99-791 Exh. A (part); prior code § 9-8.116)

There shall be two off-street parking spaces, 10 feet by 20 feet, for each dwelling unit, at least one of which shall be covered. Such spaces may be in tandem and shall be designed so that a parked automobile will not encroach into the street or sidewalk area. Parking areas shall be paved with concrete. In addition, there shall be one guest parking space 10 feet by 20 feet, for each four mobile home sites within the park. Such guest parking sites shall be dispersed throughout the park to provide convenient guest parking to all mobile home sites.

(Ord. 99-791 Exh. A (part); prior code § 9-8.117)

Trash storage areas shall be provided at a ratio of one trash enclosure for every 20 mobile home sites. All such trash enclosures shall be located conveniently for use by park residents. All trash enclosures shall be constructed to City of Montclair Development Standard No. 106. Easy access to trash enclosures shall be provided for trash pickup services.

(Ord. 99-791 Exh. A (part); prior code § 9-8.118)

To ensure a residential character for a mobile home park and minimize the adverse effects on surrounding properties, the following requirements shall apply:

A.

A 6-foot decorative masonry wall shall be required around the perimeter of the mobile home park and shall be located in conformance to the yard and setback requirements of this title.

B.

All tongues, when readily removable, shall be removed when a mobile home is in place. Those not detachable shall be screened by landscaping or other materials satisfactory to the Planning Department.

C.

All open areas under a mobile home shall be enclosed by approved skirts or by a combination of skirts and grading, except for minimum openings required for cross ventilation.

D.

Street trees shall be required along all interior streets and shall be located at 30-foot intervals.

E.

Individual mobile home sites shall be constructed to provide a level patio surface a minimum of 10 feet wide and 100 square feet in area. Such patio requirements shall not preclude the construction of a porch if so desired by the developer or a mobile home resident.

F.

To lower the profile of mobile homes, the following shall apply:

1.

The utility island sewer connection shall be set as low as possible consistent with State laws.

2.

Whenever possible and consistent with proper drainage and minimum State cross-ventilation requirements, a mobile home shall be lowered by grading and excavating underneath such home, and adequate nonmechanical drainage shall be provided.

G.

All utilities shall be installed underground.

H.

Individual radio receiving and television antenna with a maximum height of 25 feet measured from grade level may be permitted within the park at a ratio of one pole per individual lot or unit. No part of said antenna shall encroach upon any public right-of-way or designated interior street or adjacent lot or designated space.

(Ord. 99-791 Exh. A (part); prior code § 9-8.119)

The mobile home park shall be evaluated with regard to how it implements the General Plan residential goals, objectives, principles and standards. A primary consideration which goes towards implementing the General Plan goals is the site plan design and its illustration of the amenities required by this title.

A.

The City is initially concerned with a functional and innovative circulation system which would be somewhat more than the typical grid street plan. This innovative character can be developed in many ways, such as the use of short cul-de-sacs, curvilinear streets or the cluster concept. In order to encourage more design flexibility, a 25 percent variation in the size of individual mobile home site areas may be permitted provided the average area of all the sites combined complies with the required minimum site area requirements. In addition, all yards and spaces between mobile homes shall conform to the standards of this chapter.

B.

The concern for a functional pedestrian system has been identified in these standards. In addition to the requirements in this title, it has been established that the pedestrian system should serve not only the residents' needs within the mobile home park, but should also serve these residents by providing access to and from areas outside the mobile home park, such as schools, commercial land uses, and parks. Such service can be accomplished by providing pedestrian access points in addition to that provided at the main entrance.

(Ord. 99-791 Exh. A (part); prior code § 9-8.120)

A.

Laundry facilities equipped with washing machines and dryers shall be provided consistent with the needs of the mobile home park residents.

B.

Outside drying areas shall be enclosed with a 6-foot-high solid fence. Laundry drying lines shall not be permitted on any individual mobile home space.

(Ord. 99-791 Exh. A (part); prior code § 9-8.121)

A.

See Chapter 10.08 of this Code (Uniform Building Code), Section 11.38.040 of this title (lot area), and Section 11.38.050 of this title (yards), in addition to the following:

1.

All on-site sewer plans and installations shall be designed to meet City engineering specifications and shall be inspected by the City.

2.

All streets within the mobile home park shall be designed to meet City engineering street specifications and shall be inspected by the City.

3.

All on-site water systems shall be designed to meet City engineering and Monte Vista County Water District specifications and shall be inspected by City and/or Monte Vista County Water District personnel.

B.

As part of the requirements of subsection (A)(1), (2) and (3) of this section, the usual Engineering Department plan-check fees shall be required in addition to any other fees which the Engineering Department may deem necessary.

(Prior code § 9-8.122)

Any person or owner who operates or permits the use of a mobile home park, or portion thereof, shall first obtain a public health permit, issued by the County Health Department, authorizing such person or owner to operate such mobile home park. Applications for such health permits shall be secured from the County Health Department.

(Prior code § 9-8.123)

Upon the completion of any mobile home park and prior to the use thereof, the owner or operator of the mobile home park shall make an application to the Building Department for a certificate of occupancy. The application shall be in writing upon the form provided by the Building Department and shall be filed not less than 10 days nor more than 20 days before the mobile home park is ready for use. The Building Department shall thereupon make a final inspection of the mobile home park referred to in the application, and, if the mobile home park is found to be in conformity with the requirements of this title and other laws of the City and State, the Building Department shall forward to the County Health Department a written certificate of occupancy.

(Ord. 99-791 Exh. A (part); prior code § 9-8.124)

Article III. - Operation and Maintenance Regulations

It is unlawful for any person to rent, or hold out for rent, any mobile home in a mobile home park which is owned by, or in the possession or control of, the owner or operator of the mobile home park or his or her agent. The rental paid for any such mobile home shall also be deemed to be rental for the space it occupies. In addition, such use of mobile homes shall conform to the provisions of the zoning regulations of the City. Individual rentals shall be limited no one-year time limits. It is unlawful for any person to place a mobile home on property not designated as a mobile home park by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-8.201)

The owner or operator of every mobile home park shall maintain in a conspicuous location in or adjacent to the mobile home park office a copy of the approved plot plan of the mobile home park with each site designated by a number or such other consecutive or systematic means of identification.

(Prior code § 9-8.202)

Dogs, cats or other pets shall not be permitted to run at large in a mobile home park. Barnyard animals or poultry shall be permitted in any mobile home park subject to special animal permits.

(Prior code § 9-8.203)

11.62.280 - Fire protection and prevention.

All mobile home parks shall have fire protection and prevention facilities developed in accordance with City standards.

(Prior code § 9-8.204)

Public address systems or loudspeakers shall not be permitted in mobile home parks if audible outside the boundaries of the mobile home park.

(Prior code § 9-8.205)

A.

Every mobile home park operated or maintained in the City shall have a caretaker on duty at all times who shall be responsible for maintaining within the mobile home park all of the provisions of this title governing the operation and maintenance of mobile home parks.

B.

Each mobile home park shall maintain an office in which shall be kept a park register and the approved plot plan and permit to operate the mobile home park which shall be readily visible to anyone entering the office.

C.

It shall be the duty of the owner or operator or the person in charge of the mobile home park to:

1.

Keep a register of all persons staying in the mobile home park, together with their home addresses, the date of arrival, the license number of the mobile home and automobile, the name of the state in which the automobile and mobile home are licensed, the year for which they are licensed, the mobile home site to which they are assigned, and the date of departure;

2.

Maintain the mobile home park in a clean, orderly, and sanitary condition at all times;

3.

Require that any and all plumbing fixtures in use in any mobile home be kept properly connected to the proper connections in the park plumbing system and ascertain that all sewer connections not in use are properly capped or plugged airtight; and

4.

Require all garbage and rubbish to be deposited in proper containers and provide for the emptying, cleaning and replacing of containers as required.

D.

All rental regulations and park standards shall be approved by the Planning Department and shall be consistent with the intent and purpose of this title as well as other applicable sections of this Code.

(Prior code § 9-8.206)

Article IV. - Enforcement

Any City official or acting City official is empowered to enter upon the premises of any mobile home park to inspect the structures, sites and facilities, including the register of the occupants, and to require compliance with all the provisions of this title.

(Prior code § 9-8.207)

The enforcement agencies may petition any court having appropriate jurisdiction for relief in the abatement of any nuisance maintained in any mobile home park.

(Prior code § 9-8.208)

11.62.330 - Violations of provisions.

Any person or entity who shall violate any of the provisions of this chapter; or disregard any lawful order of the Planning Commission, the Building Department, the Health Department, or the Fire Department with respect to a mobile home park; or contribute in any way to any violation of the provisions of this chapter shall be guilty of a violation pursuant to Chapter 1.12 of this Code.

(Ord. 06-889 § 14: Ord. 99-791 Exh. A (part); prior code § 9-8.209)

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Chapter 11.64 - MOVED BUILDINGS

Sections:

It is unlawful for any person to locate or establish upon any lot or parcel of land within the City any building or structure which has been moved from another location, within or without the City, without first having obtained a conditional use permit to do so, in addition to the moving permit required by Section 10.12.010 of this Code. Such conditional use permit shall be obtained from the Planning Commission pursuant to the provisions of this Code and the following provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))

The following shall be filed with the secretary of the Planning Commission at the time the application is made:

A.

The information required by Section 10.12.020 of this Code;

B.

Plans and specifications for the proposed improvements at the new location, including the landscape treatment;

C.

Photographs of all the elevations of the structure proposed to be moved, together with photographs of the new site and the buildings and structures adjacent thereto;

D.

Such information and the fees required by Section 11.78.010 of this Code. When the fee for a conditional use permit required by this section is paid, the applicant shall not be required to also pay the moving permit fee required by Section 10.12.040 of this Code, although such moving permit shall still be obtained.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))

The Planning Commission may grant the requested permit upon such terms and conditions as it may deem necessary, including the following:

A.

A report and clearance from a licensed pest control inspector that such building, after a reasonable inspection, is found to be free from termite infestation; and

B.

A faithful performance bond in the amount of Two Thousand Five Hundred (2500) Dollars, which bond shall guarantee that the applicant will comply with all the conditions and changes required within six months

after the date of the approval, conditional or otherwise, of the Planning Commission. Such time limitation may be extended by the Planning Commission for good cause provided an application is made to the Planning Commission prior to the expiration of such period.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))

In granting an application for a conditional use permit, the Planning Commission shall find:

A.

That the building is in conformity with the type and quality of buildings existing in the area into which such building is proposed to be moved;

B.

That such building is not more than two stories in height;

C.

That the location of such building on the lot does not in any way adversely affect the buildings or uses on abutting properties;

D.

That the percentage of lot coverage by all buildings and structures is not greater than that permitted by the district into which the building or structure is proposed to be moved;

E.

That all yard and setback provisions are observed;

F.

That, prior to occupancy, the building shall be brought up to the standards of the Building Code and laws of the City; and

G.

That all the dedications and improvements required for streets and alleys necessary for access to the property upon which the building is to be located are provided in conformity with the standards of the City.

(Ord. 99-791 Exh. A (part); prior code § 8-2.18 (part))

Chapter 11.65 - REASONABLE ACCOMMODATIONS FOR DISABLED INDIVIDUALS

The intent of this chapter, pursuant to Fair Housing Laws, is to provide individuals with disabilities reasonable accommodation in the application of the City's rules, policies, practices and procedures as

necessary to ensure equal access to housing. The purpose of this chapter is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations.

(Ord. No. 15-948, § 1, 5-4-15)

Applicant means a person, business, or organization making a written request to the City for reasonable accommodation in the strict application of land use or zoning provisions of this title.

Director means the Director of Community Development.

Disabled or handicapped person or individual means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such impairment, but not including an individual's current, illegal use of a controlled substance.

Fair Housing Laws means the "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604 (f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1), 12955, and 65583(c)(3) as any of these statutory provisions now exist or may be amended from time to time.

Reasonable accommodation, major means any deviation requested and/or granted from the strict application of the laws, rules, policies, practices, and/or procedures of the City, including land use and zoning regulations of this title, resulting in a physical modification to the property which cannot be restored or terminated within 90 days or less after the reasonable accommodation is terminated.

Reasonable accommodation, minor means any deviation requested and/or granted from the strict application of the laws, rules, policies, practices, and/or procedures of the City, including land use and zoning regulations of this Title, which can be removed or terminated within 90 days or less after the need for the reasonable accommodation ends.

(Ord. No. 15-948, § 1, 5-4-15)

The City shall prominently display at the Community Development Department public counter in City Hall a notice advising individuals with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

(Ord. No. 15-948, § 1, 5-4-15)

A.

In order to make specific housing available to an individual with a disability, a disabled individual or representative may request reasonable accommodation, pursuant to this chapter, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

B.

If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Community Development Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.

C.

A request for reasonable accommodation with respect to the laws, rules, policies, practices and/or procedures of the City shall be filed on an application form provided by the Community Development Department, shall be signed by the owner of the property, and shall include the following information:

1.

A description of how the property will be used by the disabled individual(s);

2.

The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled person license or placard, or other appropriate evidence that establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws;

3.

The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s);

4.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested;

5.

A filing fee in an amount as determined from time to time by resolution of the City Council, but not to exceed the reasonable estimated costs to the City in processing the application.

(Ord. No. 15-948, § 1, 5-4-15)

A.

The Director shall have the authority to consider and act on any application for a Minor Reasonable Accommodation. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may: (1) grant the accommodation request; (2) grant the accommodation request subject to specified nondiscriminatory conditions; (3) deny the request; or (4) refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers an appeal. Notice of the Director's consideration of a minor reasonable accommodation application shall be made in writing, 10 days prior to a decision and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners.

B.

The Planning Commission shall have the authority to consider and act on any application for a major reasonable accommodation or any minor reasonable accommodation request referred to it by the Director. The Planning Commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation, after the submission of any additional information required pursuant to this Section, or after referral from the Director. The Planning Commission may: (1) grant the accommodation request; (2) grant the accommodation request subject to specified nondiscriminatory conditions; or (3) deny the request. Notice of the Planning Commission meeting to review and act on a major reasonable accommodation application, or minor reasonable accommodation application referred by the Director, shall be made in writing 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and all property owners within a 300-foot radius of the project boundary.

C.

All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by first class mail.

D.

If necessary to reach a determination on any request for reasonable accommodation, the Director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

E.

If, based upon all of the evidence presented to the Director or the Planning Commission, the findings required in this chapter may reasonably be made, the Director, the Planning Commission, or City Council, as applicable, shall grant the requested reasonable accommodation.

F.

A reasonable accommodation granted pursuant to this chapter shall not require the approval of any variance as to the reasonable accommodation.

G.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:

1.

That the reasonable accommodation shall only be applicable to a particular individual(s);

2.

That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or

3.

That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the City.

(Ord. No. 15-948, § 1, 5-4-15)

The following findings shall be made in order to approve a request for reasonable accommodation:

A.

The housing that is the subject of the request for reasonable accommodation shall be occupied as the primary residence by an individual protected under the Fair Housing Laws.

B.

The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

(Ord. No. 15-948, § 1, 5-4-15)

11.65.070 - Appeals.

A.

Within 10 days of the date the City issues a written decision on a reasonable accommodation application, any person aggrieved or affected by a decision on an application requesting the accommodation may appeal such determination in writing to the Planning Commission or City Council, as applicable.

B.

All appeals shall contain a statement of the grounds for the appeal.

C.

No such appeal shall be accepted unless there is, paid concurrently with the filing of such appeal, a filing and processing fee in a sum set forth by resolution of the City Council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the Secretary of the Planning Commission or City Clerk shall set the matter for a hearing before the Planning Commission or City Council, as applicable, at its next reasonably available public meeting.

D.

The Planning Commission or City Council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed, or after an application has been referred to it by the Director. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

E.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

F.

An applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed by the Planning Commission's decision to the City Council in accordance with this section. The decision of the City Council shall be final.

(Ord. No. 15-948, § 1, 5-4-15)

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.

(Ord. No. 15-948, § 1, 5-4-15)

Chapter 11.66 - PARKING REQUIREMENTS

Sections:

11.66.010 - Parking requirements generally.

A.

Existing Spaces. Parking spaces maintained in connection with an existing and continuing building or structure, up to the number required by the provisions of this title, shall be continued and may not be counted as serving a new structure or addition; nor may any parking space be substituted for a loading space, nor may any loading space be substituted for a parking space.

B.

New Spaces. At the time of the erection of any main building or structure, or at the time any such building or structure is enlarged or increased by adding dwelling units, guest rooms, floor area or seats, or before conversion from one use to another, there shall be provided for the total resulting building, structures, capacities or uses an off-street parking space consisting of an area not less than 9 feet wide and 20 feet long and with provisions for safe ingress and egress to a public street or alley. Provision for adequate vehicular back-up aisle for angled parking spaces shall be as follows:

90 degree: 27 feet

75 degree: 24 feet

60 degree: 18 feet

45 degree: 18 feet

Parallel parking space shall consist of an area of not less than 10 feet wide and 24 feet long and shall be served by a parallel driveway with an aisle width of not less than 20 feet.

1.

Dwellings. For the various types of dwellings, there shall be provided off-street parking spaces as follows:

a.

Single-family: Two parking spaces in a private garage; and

b.

Duplex and multifamily: For each one-bedroom dwelling unit, one and one-fourth spaces; for each twobedroom dwelling unit, one and one-half spaces; and for each dwelling unit with three or more bedrooms, two spaces.

There shall be provided at least two spaces in an enclosed private garage for each duplex or multifamily unit on the same lot with such unit. The remaining spaces required need not be covered and may be located on an adjacent lot but shall not be located in, or encroach upon, any required front, side or rear yard.

In the event the spaces required for duplex and multifamily units do not compute to even-numbered spaces, for fractions one-half and over, the next numbered space upward shall be required and for fractions below one-half, the next numbered space downward shall be required.

There shall be provided at least two parking spaces in an enclosed private garage for each duplex or multiple unit on the same lot with such unit.

2.

Motels and Tourist Courts. For motels and tourist courts, there shall be provided at least one parking space on the same lot with, or the lot adjacent to, the main building for each individual sleeping or dwelling unit.

3.

Hotels and Rooming Houses. For hotels, rooming houses, fraternity and sorority houses, and other similar structures, there shall be provided at least one parking space on the same lot with, or the lot adjacent to, the main building for each guest room, dwelling unit, or suite.

4.

Places of Assembly. For clubs, churches, funeral chapels, assembly halls, theaters, auditoriums, stadiums, and similar places of assembly, there shall be provided at least one parking space on the same lot with, or the lot adjacent to, the main building for each six permanent seats in such building or structure, or at least one parking space on the same lot with, or the lot adjacent to, the main building for each 100 square feet of floor area used for amusement or assembly, whichever requires the most parking spaces.

5.

Schools and Colleges. For schools and colleges, there shall be provided at least one parking space on the same lot with, or the lot adjacent to, the main building for each member of the staff, in addition to such spaces as may be required for places of assembly as provided in subsection (B)(4) of this section.

6.

Hospitals, Etc. For hospitals, sanitariums, institutions, homes for the aged, rest homes, and similar other structures, there shall be provided at least one parking space on the same lot with, or the lot adjacent to, the main building for each two beds in such building.

7.

C-1 Zones Uses. For all uses in the C-1 Zone, there shall be provided at least one parking space on the same lot with, or the lot adjacent to, the main building for each 70 square feet, or major fraction thereof, of gross floor area, excluding parking and loading space.

8.

Medical and Dental Facilities. For medical and dental facilities (located in zones other than the C-1 Zone), there shall be provided a minimum of one parking space on the same lot with, or the lot adjacent to, the

main building for each 160 square feet, or major fraction thereof, of gross floor area, excluding parking and loading space.

9.

Business and Commercial Buildings. For commercial buildings (located in zones other than the C-1 Zone, except medical and dental facilities), there shall be provided a minimum of one parking space on the same lot with, or the lot adjacent to, the main building for each 250 square feet, or major fraction thereof, of gross floor area, excluding parking and loading space.

10.

Industrial and Manufacturing Establishments. The parking requirements for industrial and manufacturing uses shall be as follows:

a.

One space for every 500 square feet of floor area up to 30,000 square feet;

b.

One additional space for every 650 square feet from 30,000 square feet to 50,000 square feet;

c.

One additional space for every 750 square feet over 50,000 square feet;

d.

Or, one space for every two employees, whichever number of spaces is greater; and

e.

Notwithstanding the preceding, each site shall have a minimum of six parking spaces.

11.

Warehouse Establishments. The parking requirements for warehousing uses shall be as follows:

One space for every 1000 square feet of floor area, or one space for every two employees, whichever number of spaces is greater, and provided, further, that each site shall have a minimum of four parking spaces.

On developments fronting on major or secondary highways and with a design allowing for commercial uses, the commercial parking standards shall apply to that portion of the fronting building so designed for commercial.

12.

Other Uses. For uses not specifically mentioned, the requirements for off-street parking spaces shall be those to which a mentioned use is similar.

Administrative and Professional Offices.

a.

Administrative and professional offices are defined as "professional uses which do not generate high parking demand and such other uses which do not require the general public to come to the place of business," including, but not limited to:

i.

Attorney's offices;

ii.

Certified public accountants;

iii.

Insurance offices; and

iv.

Advertising agencies.

b.

The following uses shall not be permitted: offices for the retailing of goods and doctors, dentists, psychiatric, psychological, and other activities generating high parking demand.

c.

The parking ratio for administrative and professional offices shall be on a scale of:

i.

One space for every 250 square feet of floor area for the first 30,000 square feet; then

ii.

One space for every 275 square feet up to 50,000 square feet; then

iii.

One space for every 300 square feet over 50,001 square feet;

iv.

Or, one space for every three employees, whichever number of spaces is greater.

Restaurants and/or Combination Restaurants and Places of Assembly. For full dinner house or sit down restaurants and places of assembly, at least one parking space on the same lot with, or the lot adjacent to, the main building for each four permanent seats in such building or structure, or at least one parking space on the same lot with, or the lot adjacent to, the main building for each six occupants based upon the occupant load of such building or structure as determined by the Building Official, whichever is greater.

C.

Approval of Plans. Plans for all outdoor parking areas to be provided in A-P, C or M Zones to meet the requirements of this title shall be submitted to, and shall be subject to, the approval of the Commission. Such plans shall be prepared to scale and shall show how the improvements required by the provisions of Section 11.66.030 of this chapter shall be provided.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1807)

11.66.015 - Design standards for driveways and parking spaces on residential zoned properties.

A.

Required Dimensions and Access Requirements.

1.

Each required parking space shall have the minimum dimensions of 9 feet in width by 20 feet in length, and shall be independently accessible from a street or alley, unless otherwise permitted by this title.

2.

Each required garage parking space shall have minimum, unobstructed interior dimensions of 9 feet in width, 20 feet in length, and 8 feet in height.

3.

When a garage does not have a direct, straight entry from a public street or alley, or private street, the driveway providing access to the entrance of the garage shall have a minimum 24-foot outside turning radius.

B.

No Parking in Front or Street Side Yard Setbacks. No required parking spaces shall be located in required front and street side yard setbacks except on a residential driveway.

C.

Standards for Driveways Located in R-1 Zones. Driveways located within R-1 (single-family residential) zones shall be subject to the following standards:

1.

All driveways, except circular driveways, shall provide access to parking spaces located outside the required setbacks.

2.

Driveways shall be constructed of a prepared surface, such as concrete, brick, asphalt, or similar materials, as approved by the Director of Community Development.

3.

Circular driveways shall be permitted only when the Director finds that a circular driveway is necessary to:

a.

Allow vehicles to turn around and head into an arterial street, where lots front on a major or secondary arterial and no other vehicular access is available by way of a local or private street, or an alley; or

b.

Allow for guest parking when no on-street parking is available; or

c.

Provide access for persons with mobility impairments; or

d.

Provide access for emergency or safety purposes.

4.

A circular driveway may be permitted on a lot that has a minimum lot width of 90 feet, provided there is a front or street side yard building setback of no less than 30 feet in the yard where the driveway is located.

5.

The following standards shall apply to circular driveways:

a.

A maximum of two curb cuts shall be permitted per lot.

b.

Circular driveways shall have a maximum width of 12 feet.

c.

The Director shall require landscape screening where feasible.

6.

Multiple Curb Cuts. In R-1 Zones, no more than one curb cut shall be permitted per lot, except that a second curb cut may be permitted for the following:

a.

A circular driveway when permitted by this section; or

b.

Access to a parking space located in a rear or interior side yard. Such a secondary driveway shall be a maximum of 10 feet in width and shall be constructed of a prepared material, provided, however, that the Director may approve an alternative material to mitigate the visual impact of additional hardscape improvements on the property.

(Ord. 06-871 § 7)

A.

Intent. The purpose of this section is to promote the use of alternative methods of transportation besides use of the single-occupant vehicle. These alternative methods are to be provided in new development so as to meet congestion management and air quality goals at minimal cost and disruption to citizens, business and industry.

B.

Applicability. Prior to issuance of a building permit for any new construction project for which a site plan is submitted on or after January 1, 1994, provisions shall be made for all applicable trip reduction requirements of this section to be implemented. The requirements shall not be applied to existing development, except when new square footage is added.

C.

Trip Reduction Measures. The following trip reduction measures shall be implemented:

1.

Nonresidential Projects.

a.

A bicycle rack or other secure bicycle parking facility shall be provided for every 30 parking spaces within a project and at least one bicycle rack capable of holding three bicycles shall be provided for all projects. Safe and convenient access thereto shall be provided from the public streets.

b.

On-site pedestrian walkways and bicycle facilities shall be provided connecting each building in a development to the public streets.

c.

A passenger loading area in a location close to the main building entrance shall be provided for projects with 100 or more parking spaces. The area devoted to loading and unloading of passengers shall be equivalent to a minimum of five parking spaces.

d.

A minimum of one shower facility accessible to both men and women shall be provided for persons bicycling or walking to work for each project which meets the following thresholds:

e.

A minimum of one parking space for each 50 spaces required by this Code, located in close proximity to the building entrance, shall be reserved for use by potential carpool or vanpool vehicles for all new projects, with a minimum of one space to be provided. All preferential parking spaces for carpool or vanpool vehicles shall be signed or striped. Such spaces shall be accessible to vanpool vehicles. If a vanpool parking space is located within a parking structure, a minimum vertical clearance of no less than 9 feet shall be provided.

f.

Transit facilities, such as bus shelters, bus pullouts, and bus pads, shall be provided if the Community Development Director, in consultation with local transit providers, determines they would be needed to serve the development.

g.

On-site video conference facilities shall be provided for office buildings with a capacity of 1000 employees or greater.

2.

Residential Projects.

a.

For multiple dwelling and condominium developments containing 10 or more units:

i.

A bicycle rack or other secure bicycle parking facility shall be provided for every 30 parking spaces. Each project is to include at least one bicycle rack capable of holding three bicycles.

ii.

Sidewalks shall be provided from the public streets to each building within the complex.

iii.

A passenger loading area in a location close to the building entrance shall be provided for projects with 100 or more parking spaces. The area devoted to loading and unloading of passengers shall be equivalent to a minimum of five parking spaces.

iv.

Transit facilities, such as bus shelters, bus pullouts, and bus pads, shall be provided if the Community Development Director, in consultation with local transit providers, determines they would be needed to serve the development.

b.

For residential developments containing 500 or more homes, a telecommuting center shall be provided or a contribution in an amount found to be acceptable to the Community Development Director shall be made toward development of one.

D.

Exceptions to Trip Reduction Requirements. The City Council or Planning Commission may modify all or part of the trip reduction measures for new projects set forth above, if the following findings can be made:

1.

One or more of the measures are not applicable due to special circumstances, including, but not limited to, the location or configuration of the project, the implementation of existing trip reduction measures and transportation demand management strategies, or other specific factors which make infeasible implementation, or reduce the effectiveness, of the prescribed measure(s); and

2.

An alternative trip reduction and transportation demand management strategy will be implemented to reduce an equal or greater amount of trips as would have occurred as a result of imposition of the prescribed measures. (Implementation of the alternative strategy shall be a condition of project approval.)

E.

Credit for Trip Reduction and Transportation Demand Management Programs/Facilities.

1.

Existing trip reduction and transportation demand management programs/facilities in a development complex may satisfy all or part of the requirements of this section as pertaining to new construction within the complex, subject to the approval of the City Council or Planning Commission, as appropriate. The amount of credit given shall be determined through an assessment of how the existing facilities would meet the requirements of this section if based on the gross floor area of the entire complex.

2.

Reduction in Required Number of Parking Spaces. The Planning Commission may determine that a reduction in the required number of parking spaces for a proposed use or uses is acceptable because implementation of the trip reduction and transportation demand management measures would eliminate some of the demand for parking.

F.

Monitoring. Prior to the issuance of a certificate of occupancy for any new building or addition to an existing building, all facilities and improvements required by this section shall be constructed or otherwise provided.

G.

Required Maintenance. All facilities and improvements constructed or otherwise required by this section shall be maintained in a state of good repair.

H.

Enforcement.

1.

The Community Development Director or his or her designated agent shall be responsible for the enforcement of the provisions of this section.

2.

No person, firm or corporation, whether as principal, agent, employee or otherwise, shall violate or otherwise fail to comply with any of the provisions of this section. The failure to implement the trip reduction measures made mandatory by this section shall be punishable as provided in Chapter 1.12 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1807.1)

Parking spaces, other than those in a garage or carport:

A.

Shall be paved and drained to the approval of the City Engineer;

B.

Shall have adequate guards for the protection of other property and vehicles on the same lot;

C.

Shall be provided with marked entrances, exits, aisles, and such other safety devices as may be required to ensure the safe movement of vehicles;

D.

Shall have any light arranged so that the light shall be directed onto the parking area and away from any adjacent property;

E.

When adjoining any lot in an R Zone, shall have a 6-foot-high masonry wall erected and maintained along such property line; provided, however, such wall shall be only 42 inches high from the front building line of the adjoining property to the front property line; and

F.

When located across the street from an R Zone, shall have a 42-inch high masonry wall erected and maintained along the property line facing the R Zone; provided, however, used car sales shall not be required to provide any wall on a property line abutting any street.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1808)

At the time of the erection or change of use of any main building, or part thereof, for manufacturing, storage, warehousing, food display and market, department store, hotel, hospital, laundry, dry cleaning, or other uses similarly involving the receipt and distribution by vehicles of materials and merchandise, there shall be provided and maintained at least one loading space not less than 10 feet in width, 22 feet in length, and 14 feet in height, with adequate ingress and egress from a public street or alley, if the main building has a gross floor area of more than 3000 square feet but less than 15,000 square feet, and there shall be one additional loading space for each additional 15,000 square feet of floor area, or fraction thereof. No loading dock shall be closer than 25 feet to any street line.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1809)