Article II — Definitions

(Ord. 427-AC, 429-AC, 535-AC, 547-AC)

As used in this part, the following words and phrases shall have the meanings ascribed to them in this section:

"Antenna." An “antenna” is equipment designed to transmit or receive electronic signals. "Base flood." A “base flood” is a flood having a one (1) percent chance of being equaled or exceeded in any given year. It is also known as the one hundred (100) year flood. "Boarding house." A “boarding house” is a residential use consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a bed and breakfast or a tourist home in that the former is designed to be occupied by longer-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. "Building." A “building” is a structure designed to be used as a place of occupancy, storage or shelter. "Building, accessory." An “accessory building” is a minor building that is located on the same lot as a principal building and that is used incidentally to a principal building and that houses an accessory use. "Building, principal." A “principal building” is the primary building on a lot or a building that houses a principal use. "Certify." Whenever this part requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstance warrants it, or the city may require that the certification be in the form of a letter or other document. Verbal certification is to be followed by a written document. "Childcare home." A “childcare home” is a home for not more than nine (9) orphaned, abandoned, dependent, abused, or neglected children, together with not more than two (2) adults who supervise such children, all of whom live together as a single housekeeping unit.

"Childcare institution." A “childcare institution” is an institutional facility housing more than nine (9) orphaned, dependent, abused, or neglected children.

"Circulation area." The “circulation area” is that portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

"City." The “city” is the City of Needles.

• "Combination use." A “combination use” is a use consisting of a combination on one (1) lot of two (2) or more principal uses separately. (Under some circumstances, a second principal use may be regarded as not accessory to the first, and thus a combination use is not established. In addition, when two (2) or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

• "Conditional use permit." A “conditional use permit” is a permit issued by the city council that authorizes the recipient to make use of property in accordance with the requirements of this part as well as any additional requirements imposed by the council.

• "Convenience store." A “convenience store” is a one (1) story, retail store containing less than two thousand (2,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the “Circle K,” “7-11,” and “AM/PM” chains.

• "Council." The “council” is the city council of the City of Needles.

• "Day care center." A “day care center” is any childcare arrangement that provides day care on a regular basis for more than four (4) hours per day for more than five (5) children of preschool age.

• "Developer." A “developer” is a person who is responsible for any undertaking that requires a zoning permit., special use permit, conditional use permit, or sign permit.

• "Development." “Development” is that which is to be done pursuant to a zoning permit, special use permit, conditional use permit, or sign permit.

• "Dimensional nonconformity." A “dimensional nonconformity” is a nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

"Driveway." A “driveway” is that portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area. "Duplex." See Residence, duplex. "Dwelling Unit." A single dwelling unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Ord. 535-AC) "Expenditure." An “expenditure” is a sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position. "Factory-built home." A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label that it is constructed in compliance with the California Administrative Code applicable to industrialized housing (see California Administrative Code, Title 25, Chapter 3, Subchapter 1, for legal definition). "Family." A “family” is one (1) or more persons living together as a single housekeeping unit. "Floodplain." A “floodplain” is any land area susceptible to be inundated by water from the base flood. As used in this part, the term refers to that area designed as subject to flooding from the base flood (one hundred (100) year flood) on the Flood Boundary and Floodway Map prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department. "Floodway." The “floodway” is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The term refers to that area designated as a floodway on the Flood Boundary and Floodway Map prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department. "Gross floor area." The “gross floor area” is the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. "Habitable floor." A “habitable floor” is any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. "Halfway house." A “halfway house” is a home for not more than nine (9) persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons, eleven (11) of whom live together as a single housekeeping unit. "Handicapped or infirm home." “Handicapped or infirm home” is a residence within a single dwelling unit for at least six (6) but not more than nine (9) persons who are physically or mentally handicapped or infirm, together with not more than two (2) persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment. "Handicapped or infirm institution." “Handicapped or infirm institution” is an institutional facility housing and providing care or assistance for more than nine (9) persons who are physically or mentally handicapped or infirm. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment. "High-volume traffic generation." All uses other than low-volume traffic generation uses. "Home occupation." A “home occupation” is a commercial activity that: (1) is conducted by a person on the same lot (in a residential district) where such person resides; and (2) is not substantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use but that can be conducted without any significantly adverse impact on the surrounding neighborhood. Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if: (1) goods, stock in trade, or other commodities are displayed; (2) any on-premises retail sales occur; (3) more than one (1) person not a resident on the premises is employed in connection with the purported home occupation; (4) it creates objectionable noise, fumes, odor, dust or electrical interference; or (5) more than twenty-five (25) percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than fifty (50) square feet of gross floor area (whichever is less), is used for home occupation purposes. The following is a non-exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing definition criteria: (1) the office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional; (2) workshops, greenhouses, or kilns; (3) dressmaking or hairdressing studios. "Hotel, Motel or Motor Hotel." Hotel, Motel or Motor Hotel (“Premises”) shall mean a facility offering transient lodging accommodations on a daily basis of less than 30 days to the general traveling public, on a short-term basis except where a conditional use permit has been obtained to convert the Hotel, Motel or Motor Hotel use to Multi-Family Apt.-Conversion consisting of individual Dwelling Units (studio or larger). Upon completion of the conversion of the Premises to individual Dwelling Units (studio or larger), the premises shall be known as a Multi-Family Apt-Conversion. (Ord. 535-AC) "Intermediate care home." An “intermediate care home” is a facility maintained for the purpose of providing accommodations for not more than seven (7) occupants needing medical care and

ual Dwelling Units (studio or larger). Upon completion of the conversion of the Premises to individual Dwelling Units (studio or larger), the premises shall be known as a Multi-Family Apt-Conversion. (Ord. 535-AC) "Intermediate care home." An “intermediate care home” is a facility maintained for the purpose of providing accommodations for not more than seven (7) occupants needing medical care and

ual Dwelling Units (studio or larger). Upon completion of the conversion of the Premises to individual Dwelling Units (studio or larger), the premises shall be known as a Multi-Family Apt-Conversion. (Ord. 535-AC) "Intermediate care home." An “intermediate care home” is a facility maintained for the purpose of providing accommodations for not more than seven (7) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. "Intermediate care institution." An “intermediate care institution” is an institutional facility maintained for the purpose of providing accommodations for more than seven (7) persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. "Kennel." A “kennel” is a commercial operation that: 1. provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian); or 2. engages in the breeding of animals for sale. "Loading and unloading area." The “loading and unloading area” is that portion of the vehicle accommodation area used to satisfy the requirements of section 111.05. "Lot." A “lot” is a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot.

"Lot area." The “lot area” is the total area circumscribed by the boundaries of a lot, except that: (1) when the legal instrument creating a lot shows the boundary of the lot extending into a public street rightof-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and thirty (30) feet from

rea” is the total area circumscribed by the boundaries of a lot, except that: (1) when the legal instrument creating a lot shows the boundary of the lot extending into a public street rightof-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and thirty (30) feet from

the center of the traveled portion of the street; and (2) in a residential district, when a private road that serves more than three (3) dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

"Low-volume traffic generation." “Low volume traffic generation” are uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

"Manufactured home." A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the Federal Manufactured Home Construction and Safety Standards (see 24 CFR 3280 for legal definition). "Mobile home." A “mobile home” is a transportable, factory-built home, designed to be used as year-round residential dwelling. The city does not allow mobile homes built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, to be set up within the city limits. "Mobile home park." A “mobile home park” is a residential use in which more than one (1) mobile home is located on a single lot.

ned to be used as year-round residential dwelling. The city does not allow mobile homes built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, to be set up within the city limits. "Mobile home park." A “mobile home park” is a residential use in which more than one (1) mobile home is located on a single lot.

"Nonconforming lot." A “nonconforming lot” is a lot existing at the effective date of this part (and not created for the purposes of evading the restrictions of this part) that does not meet the minimum area requirement of the district in which the lot is located. "Nonconforming project." A “nonconforming project” is any structure, development, or undertaking that is incomplete at the effective date of this part and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. "Nonconforming situation." A “nonconforming situation” is any situation that occurs when, on the effective date of this part, any existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this part, or because land or buildings are used for purposes made unlawful by this part. "Nonconforming use." A “nonconforming use” is any nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a nonconforming use.) "Nursing care home." A “nursing care home” is an institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to less than nine (9) persons. "Nursing care institution." A “nursing care institution” is an institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine (9) persons. "Parking area aisles." “Parking area aisles” are portions of the vehicle accommodation area consisting of lanes providing access to parking spaces. "Parking space." A “parking space” is a portion of the vehicle accommodation area set aside for the parking of one (1) vehicle. "Person." A “person” is an individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit. "Planned residential development." A “planned residential development” is a development constructed on a tract under single ownership, planned and developed as an integral unit, and consisting of single-family detached residences combined with either two-family residences or multi-family residences, or both. "Planned unit development (PUD)." A “planned unit development” is development constructed on a tract under single ownership, planned and developed as an integral unit, and consisting of a combination of residential and nonresidential uses on land within a PUD district in accordance with the City of Needles zoning regulations. "Planning jurisdiction." The “planning jurisdiction” is the area within the city limits as well as the area beyond the city limits within which the city is authorized to plan for and regulate development, as set forth. "Public water supply system." The “public water supply system” is any water supply system furnishing potable water to ten (10) or more dwelling units or businesses or any combination thereof. "Receive-only earth station." A “receive-only earth station” is an antenna and attendant processing equipment for reception of electronic signals from satellites. "Residence, duplex." A “duplex residence” is a two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance. "Residence, multifamily." A “multifamily residence” is a residential use consisting of a building containing three (3) or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch). "Residence, multifamily apartments." A “multifamily apartment residence” is a multifamily residential use other than a multifamily conversion or multifamily townhouse. "Residence, multifamily conversion." A “multifamily conversion residence” is a multifamily residence containing not more that four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a singlefamily residence. "Residence, multifamily townhouses." A “multifamily townhouse residence” is a multifamily residential use in which each dwelling unit share a common wall (including without limitation the wall of an attached garage or porch) with at least one (1) other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance. "Residence, primary with accessory apartment." A “primary residence with accessory apartment” is a residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than twenty-five (25) percent of the gross floor area of the building nor more than a total of seven hundred fifty (750) square feet. "Residence,

e. "Residence, primary with accessory apartment." A “primary residence with accessory apartment” is a residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than twenty-five (25) percent of the gross floor area of the building nor more than a total of seven hundred fifty (750) square feet. "Residence,

e. "Residence, primary with accessory apartment." A “primary residence with accessory apartment” is a residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than twenty-five (25) percent of the gross floor area of the building nor more than a total of seven hundred fifty (750) square feet. "Residence, single-family detached, more than one dwelling per lot." A “single-family detached residence, more than one dwelling per lot” is a residential use consisting of two (2) single-family detached dwelling units on a single lot. "Residence, single-family detached, one dwelling unit per lot." A “single-family detached, one dwelling unit per lot” is a residential use consisting of a single detached building containing one (1) dwelling unit and located on a lot containing no other dwelling units. "Residence, two-family." A “two-family residence” consists of a building containing two (2) dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one (1) building. "Residence, two-family apartment." A “two-family residence apartment” is a two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment. "Residence, two-family conversion." A “two-family residence conversion” is a two-family residence resulting from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence. "Road." A “road” is all private ways used to provide motor vehicle access to: (1) two (2) or more lots; or (2) two (2) or more distinct areas or buildings in unsubdivided developments. "Rooming house." (See Boarding house) "Second dwelling unit." A “second dwelling unit” is defined as a permanent dwelling unit that is accessory to a primary dwelling on the same site. A second dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. A second dwelling unit may be attached to or detached from the primary dwelling. (Ord. 547-AC) "Signage." (See Signage definitions Article X) "Special events." “Special events” are circuses, fairs, carnivals, festivals, or other types of special events that: (1) run for longer than one (1) day but not longer than two (2) weeks; (2) are intended to or likely to attract substantial crowds; and (3) are unlike the customary or usual activities generally associated with the property where the special event is to be located. "Special use permit." A “special use permit” is a permit issued by the planning commission that authorizes the recipient to make use of property in accordance with the requirements of this part. "Street." A “street” is a public street with respect to which an offer of dedication has been made. "Street, arterial." An “arterial street” is a major street in the city’s street system that serves as an avenue for the circulation of traffic onto, out, or around the city and carries high volumes of traffic.

s the recipient to make use of property in accordance with the requirements of this part. "Street." A “street” is a public street with respect to which an offer of dedication has been made. "Street, arterial." An “arterial street” is a major street in the city’s street system that serves as an avenue for the circulation of traffic onto, out, or around the city and carries high volumes of traffic.

"Street, collector." A “collector street” is a street whose principal function is to carry traffic between minor, local, and sub-collector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred (100) dwelling units and is designed to be used or is used to carry more than eight hundred (800) trips per day.

"Street, cul-de-sac." A “cul-de-sac street” is a street that terminates in a vehicular turnaround.

"Street, local." A “local street” is a street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten (10) but not more than twenty-five (25) dwelling units and is expected to or does handle between seventy-five (75) and two hundred (200) trips per day. "Street, marginal access." A “marginal access street” is a street that is parallel to an adjacent arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties. "Street, minor." A “minor street” is a street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine (9) dwelling units and is expected to or does handle up to eighty-one (81) trips per day. "Street, sub-collector." A “sub-collector street” is a street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least twenty-six (26) but not more than one-hundred (100) dwelling units and is expected to or does handle between two hundred (200) and eight hundred (800) trips per day. "Structure." A “structure” is anything constructed or erected. "Subdivision." A “subdivision” is the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. "Subdivision, major." A “major subdivision” is any subdivision other than a minor subdivision. "Subdivision, minor." A “minor subdivision” is a subdivision that does not involve any of the following: (1) the creation of more than a total of four (4) lots; (2) the creation of any new public streets serving other lots; (3) the extension of a public water or sewer system serving other lots; or (4) the installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots. "Temporary emergency, construction, or repair residence." A “temporary emergency, construction, or repair residence” is a residence (which may be a mobile home) that is: (1) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or (2) located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site. "Tower." A “tower” is any structure whose principal function is to support an antenna. "Tract." A “tract” is a lot (see definition “Lot”). The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one (1) tract is subdivided into several lots. "Travel trailer." A “travel trailer” is a structure that: (1) is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and (2) is designed for temporary use as sleeping quarters but that does not satisfy one (1) or more of the definitional criteria of a mobile home. "Use." The “use” is the activity or function that actually takes place or is intended to take place on a lot. "Use, principal." The “principal use” is a use listed in the table of permissible uses. "Utility facilities." “Utility facilities” are any aboveground structures or facilities (other than building, unless such buildings are used as storage incidental to the operation of such structure or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by (the appropriate provision of state law) and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. "Utility facilities, community or regional." “Utility facilities, community or regional” are all utility facilities other than neighborhood facilities. "Utility facilities, neighborhood." “Neighborhood utility facilities” are utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located. "Variance." A “variance” is a grant of permission by the city council that authorizes the recipient to do that which, according to the strict letter of this part, he could not otherwise legally do. "Vehicle accommodation area." A “vehicle accommodation area” is a portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas. "Wholesale sales." “Wholesale sales” ar

to do that which, according to the strict letter of this part, he could not otherwise legally do. "Vehicle accommodation area." A “vehicle accommodation area” is a portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas. "Wholesale sales." “Wholesale sales” ar

to do that which, according to the strict letter of this part, he could not otherwise legally do. "Vehicle accommodation area." A “vehicle accommodation area” is a portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas. "Wholesale sales." “Wholesale sales” are sales of goods primarily to customers engaged in the business of reselling the goods.

"Zoning permit." A “zoning permit” is a permit issued by the city planner that authorizes the recipient to make use of property in accordance with the requirements of this part. (Ord. 427-AC, Ord. 429-AC) Article III Zones 93.00 Establishment Of Zones 93.01 Zoning Map 93.02 Boundaries Of Zones 93.03 Residential Zones 93.04 Commercial Zones 93.05 Manufacturing Zones 93.06 Public Facilities Zone 93.07 Open Space Zone

In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; and to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, the following classes of land zones are established, with their general purpose as indicated:

(Ord. 427-AC)

The zones aforesaid and the boundaries of such zones are shown upon the maps attached and made a part of the ordinance codified in this part, being designated as the zoning map and said map and all the notations, references and other information shown thereon shall be as much as a part of the ordinance codified in this part as if the matter and information set forth by said map were all fully described herein. (Ord. 427-AC)

Where uncertainty exists as to the boundaries of any zone shown on such map, the following rules shall apply:

1. Where such boundaries are indicated as approximately following streets and alley lines or lot lines, such lines shall be construed to be such boundaries; 2. In subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;

2. In case any uncertainty exists, the planning commission shall determine the location of boundaries; 4. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley; 5. Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property;

3. All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as OS zone. (Ord. 427-AC)

93.03 Residential Zones 1. The following residential zones are established: R-1, R-2 and R-3. Each of those zones is designed and intended to secure for the persons who reside there a comfortable, healthy, safe and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential zones. Other objectives of some of these zones are explained in the remainder of this section.

2. R-1 Single-Family Zone. This zone is intended to provide for the development of low density, single-family residential areas (one (1) to seven (7) units per net acre). 3. R-2 Two-Family Zone. This zone is intended to provide for the development of medium density, two-family residential areas (eight (8) to seventeen (17) units per net acre). 4. R-3 Multifamily Zone. This zone is intended to provide for the development of high density multiple family units (eighteen (18) to thirty (30) units per net acre), such as apartments, condominiums, townhouses or other group dwellings compatible for the neighborhood environment.

3. CRR Commercial, Residential, Resort Zone. This zone is intended to allow for sufficient diversity of land use types in the area along the Colorado River catering to the resort atmosphere. Depending upon the nature of the development, this zone can support the full range of residential and commercial densities as appropriate. (Ord. 427-AC)

93.04 Commercial Zones 1. The following commercial zones are established: C-1, C-2, and C-3. These zones are created to accomplish the purposes and serve the objectives set forth in the remainder of this section. 2. C-1 Neighborhood Commercial Zone. This zone is intended to serve the daily or frequent food and convenience needs of families within their respective service areas -- usually one-half (1/2) to one (1) mile. The uses normally include a supermarket and small shops such as drug store, barber and beauty shops, laundry and cleaning service. The overall site area should be sufficient to provide for the supportable commercial facilities as well as sufficient parking.

3. C-2 General Commercial Zone. This zone is generally intended for uses in central business district (particularly those that are pedestrian oriented) accommodating a wide range of commercial and associated residential uses.

4. C-3 Highway Commercial Zone. This zone is intended for uses that do not fit into any of the other commercial development in that businesses would include those not associated with the CBD or neighborhood center such as shopping centers, automobile sales and services, commercial recreation, gasoline service stations, restaurants and motels and miscellaneous commercial uses. Naturally, many of the highway commercial uses would be located adjacent to the freeway interchanges.

5. CRR Commercial, Residential, Resort Zone. This zone is intended for types of uses that would occur essentially along the river and contain apartments, hotels, motels, restaurants, boat clubs, marinas, specialty and gift shops and convenience services, goods and supplies for boat owners, water skiers, scuba divers and the visiting public, using marina and aquatic recreational facilities. This zone is intended to allow for sufficient diversity of land use types in the resort tourist areas for interest, convenience and resort atmosphere while avoiding the dangers of overcrowding and haphazard mixing of land uses. (Ord. 427-AC)

93.05 Manufacturing Zones The following are established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment: M-1 and M-2. The performance standards set forth in later sections place limitations in the characteristics of uses located in these zones. The limitations in the M-1 zone are less restrictive than those in the M-2 zone. (Ord. 427-AC)

93.06 Public Facilities Zone

This zone is intended for public facilities such as schools, parks, civic centers, etc. (Ord. 427-AC)

93.07 Open Space Zone This zone category is for land in the city not designated for residential commercial, industrial, parks and recreation or institutional uses. Development may be allowed in open space areas under the PUD process. (Ord.427-AC) Article IV Permits 94.00 Permits Required 94.01 Eligible Applicants 94.02 Complete Applications 94.03 Staff Consultation Before Formal Application 94.04 Staff Consultation After Application Submitted 94.05 Zoning Permits 94.06 Special Use Permits And Conditional Use Permits 94.07 Recommendations On Conditional Use Permit Applications 94.08 Council Action On Conditional Use Permits 94.09 Planning Commission Action On Special Use Permits 94.10 Additional Requirements On Special Use And Conditional Use Permits 94.11 No Occupancy, Use, Or Sale Of Subdivision Lots Until Requirements Fulfilled 94.12 Completing Developments In Phases 94.13 Expiration Of Permits 94.14 Effect Of Permit On Successors And Assigns 94.15 Amendments To And Modifications Of Permit 94.16 Reconsideration Of Planning Commission Actions 94.17 Applications To Be Processed Expeditiously 94.18 Maintenance Of Common Areas, Improvements And Facilities 94.19 Reasonable Accommodation Applications Ord. No. 427-AC, 621-AC 94.00 Permits Required

1. Permit Definitions.

   1. The use made of property may not be substantially changed, substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits:

      1. A zoning permit issued by the city planner;

      2. A special use permit issued by the planning commission;

      3. A conditional use permit issued by the city council;

      4. Sign permits issued by the city planner.

   2. Zoning permits, special use permits, conditional use permits and sign permits are issued under this part only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this part if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in section 94.14, all development shall occur strictly in accordance with such approved plans and applications.

   3. Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional use permit.

2. A zoning permit, conditional use permit, special use permit, or sign permit shall be issued in the name of the applicant (except that application submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority. All such permits issued with respect to tracts of land in excess of one (1) acre (except sign permits and zoning permits for single- family and two-family residential uses) shall be recorded in the San Bernardino County registry after execution by the record owner. (Ord. 427-AC)

   2. Site Plan Permit Requirements. A site plan shall be drawn to scale of an adequate size and shall indicate clearly and with full dimensions the following data where applicable: 1. Exterior boundary lines of the property indicating easements, dimensions and lot size.

      2. All adjacent streets or rights-of-way, including 1 bicycle and/or hiking trails.

      3. Location, elevations, size, height, dimensions, materials, colors, and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to remain on the site.

      4. Setback information for all buildings existing and proposed at the site.

      5. Distances between all structures and between all property lines or easements and structures.

      6. Any nearby buildings which are relevant to this application.

      7. Any existing significant natural features such as rock outcroppings, highly protected trees, creeks, knolls and ridgelines.

      8. Location, number of spaces, and dimensions of off-street parking spaces, loading docks, and maneuvering areas; indicate internal circulation.

      9. Pedestrian, vehicular and service points of ingress and egress; driveway widths, and distances between driveways.

      10. Proposed landscaping; include quantity, location, varieties and container size.

      11. Proposed grading plan (for sites having over five (5) foot grade differential), showing existing and proposed contours, and the direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities.

      12. Required and existing street dedications and improvements such as sidewalks, curbing and pavement. Indicate widths, radii of curves, street grades and whether streets are public or private.

      13. Other such data as may be required to by the Planning Commission and City Council or the City Planner to make the required findings for approval of the specific type of application. 14. Scale shown as "Scale: 1 inch =feet" and North arrow.

      14. Vicinity map indicating nearby cross streets in relation to site (need not be to scale).

      15. Whether the proposed site is in a FEMA flood plain.

• HISTORY Amended by Ord. 663-AC on 10/24/2023 94.01 Eligible Applicants 1. Applications for zoning, special use, conditional use, or sign permits will be accepted only from persons having the legal authority to take action in accordance with the permit approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this part, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees).

• 2. The city planner may require an applicant to submit evidence of his/her authority to submit the application in accordance with subsection (a) of this section whenever there appears to be a reasonable basis for questioning this authority. (Ord. 427-AC)

• HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.02 Complete Applications 1. All applications for zoning, special use, conditional use, or sign permits must be complete before the permit issuing authority is required to consider the application. 2. Subject to subsection (c) of this section, an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this part.

• 3. In this part, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one (1) or more of the appendices to this part. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information in the light of the substantive requirements set forth in this text of this part.
• 4. The city planner shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the City Planner to determine compliance with this part, such as applications for zoning permits to construct single-family or two-family houses, or applications for sign permits, the city planner shall develop standard forms that will expedite the submission of the necessary plans and other required information. (Ord. 427-AC)

• HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.03 Staff Consultation Before Formal Application 1. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this part, preapplication consultation between the developer and the planning staff is encouraged or required as provided in this section.

• 2. Before submitting an application for a conditional use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the City Planner a preliminary site-plan for such subdivision, drawn approximately to scale (one (1) inch equals one hundred (100) feet). The preliminary site plan shall contain: 1. The name and address of the developer;

     2. The proposed name and location of the subdivision; 
     
     3. The approximate total acreage of the proposed subdivision;
     

2. The application is incomplete; or

3. If completed as proposed in the application, the development will not comply with one (1) or more requirements of this part.

4. Even if the permit-issuing body finds that the application complies with all other provisions of this part, it may still deny the permit if it concludes based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:

     1. Will materially endanger the public health or safety; or 
   
     2. Will not be in general conformity with the general plan. (Ord. 427-AC)
   

• HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.07 Recommendations On Conditional Use Permit Applications 1. Before being presented to the council, an application for a conditional use permit shall be submitted to the planning commission for a public hearing and action. 2. When presented to the planning commission, the application shall be accompanied by a staff report setting forth the planning department’s proposed findings concerning the application's compliance with other requirements of this part, as well as any staff recommendations for additional requirements to be imposed by the council. If the planning department’s report proposes a finding or conclusion that the application fails to comply with any other requirement of this part, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

  3. The planning commission shall consider the application and the attached staff report in a timely fashion.

  4. After planning commission action, the planning staff shall report to the council the planning commission recommendation and the reasons thereof. 5. In response to the planning commission recommendations, the applicant may modify his application prior to submission to the council, and the planning staff may likewise revise its recommendations. (Ord. 427-AC)

1. The council shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying

2. either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the council that the application is complete.

3. The council shall consider whether the application complies with all of the applicable requirements of this part. If a motion to this effect passes, the council need not make timer findings concerning such requirements.

4. If such a motion fails or is not made then a motion shall be made that the application be found not in compliance with one or more of the requirements of this part. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application.

5. If the council concludes that the application fails to comply with one (1) or more requirements of this part, the application shall be denied.

• If the council concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. (Ord. 427-AC) HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.09 Planning Commission Action On Special Use Permits In considering whether to approve an application for a special use permit, the planning commission shall proceed in the same manner as the council when considering conditional use permit applications. 1. The planning commission shall consider whether the application is complete. If the planning commission concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by two (2) members of the planning commission, shall constitute the planning commission's finding on this issue. If a motion to this effect is not made and concurred in by at least two (2) members, this shall be taken as an affirmative finding by the commission that the application is complete.

2. The planning commission shall consider whether the application complies with all of the applicable requirements of this part. If a motion to this effect passes by the necessary majority vote, the planning commission need not make further findings concerning such requirements. If such a motion fails to receive the necessary majority vote or is not made, then a motion shall be made that the application be found not in compliance with one (1) or more requirements of this part. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application, and a majority vote of the commission (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the commission. If the planning commission concludes that the application fails to meet one (1) or more of the requirements of this part, the application shall be denied.

3. If the planning commission concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote. (Ord. 427-AC)

that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.10 Additional Requirements On Special Use And Conditional Use Permits 1. Subject to subsection (b) of this section, in granting a special or conditional use permit, the planning commissioner or city council, respectively, may attach to the permit such reasonable requirements in addition to those specified in this part as will ensure that the development in its proposed location:

  1. Will not endanger the public health or safety; 

  2. Will be in conformity with the general plan. 

2. The permit-issuing body may not attach additional conditions that modify or alter the specific requirements set forth in the ordinance codified in this part unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.

3. Without limiting the foregoing, the planning commission may attach to a permit a condition limiting the permit to a specified duration.

4. All additional conditions or requirements shall be entered on the permit. (Ord. 427-AC)

1. If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (c) of this section, the provisions of Section 94.12 (No occupancy, use, or sale of lots until requirements fulfilled) shall apply to each phase as if it were the entire development.

2. As a prerequisite to taking advantage of the provisions of subsection (a) of this section, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this part that will be satisfied with respect to each phase or stage.

3. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permitissuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the approved schedule. (Ord. 427-AC)

1. Zoning, special use, conditional use, and sign permits shall expire automatically.

2. If, within twelve (12) months after issuance of such permits:

   1. The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or

   2. Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development this requirement shall apply only to the first phase.

   3. If after some physical alteration to land or structures begins to take place, such work is discontinued for a period of twelve (12) months, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of section 94.15.

3. The permit-issuing authority may extend for a period up to twelve (12) months the date when a permit would otherwise expire pursuant to subsections (a) or (b) of this section if it concludes that: (1) the permit has not yet expired; (2) the permit recipient has proceeded with due diligence and in good faith; and (3) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to twelve (12) months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

permit has not yet expired; (2) the permit recipient has proceeded with due diligence and in good faith; and (3) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to twelve (12) months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

5. For purposes of this section, the permit within the jurisdiction of the council or the planning commission is issued when such commission votes to approve the applications and issue the permit. A permit within the jurisdiction of the city planner is issued when the earlier of the following takes place: 1. A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is mailed to the permit applicant or sent through electronic delivery; or 2. The city planner notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.14 Effect Of Permit On Successors And Assigns 1. Zoning, special use, conditional use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the proposes for which the permit was granted, then: 1. No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and

2. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but

3. Also with respect to persons who subsequently obtain, any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in subsection (b) of this section) of the existence of the permit at the time they acquired their interest.

4. Whenever a special use, or conditional use permit is issued to authorize development (other than single-family or two-family residences) on a tract of land, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.15 Amendments To And Modifications Of Permit 1. Insignificant deviations from the permit (including approved plans) issued by the city council, the planning commission or the city planner are permissible and the city planner may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

2. Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

3. All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the council or planning commission, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

4. The city planner shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (a), (b), and (c) of this section. 5. A developer requesting approval of changes shall submit a written request for such approval to the city planner and that request shall identify the changes. Approval of all changes must be given in writing. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.16 Reconsideration Of Planning Commission Actions Whenever: 1. The city council disapproves a conditional use permit application; or 2. The planning commission disapproves an application for a special use permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective body at a later time unless the applicant clearly demonstrates that: 1. Circumstances affecting the property that is the subject of the application have substantially changed, or 2. New information is available that could not with reasonable diligence have been presented at a previous hearing. 3. The Applicant has substantially changed the design of the project.

3. A request to be heard on this basis must be filed with the city planner within the time period for an appeal. However, such a request does not extend the period within which an appeal must be taken. (Ord. 427-AC)

HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.17 Applications To Be Processed Expeditiously Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this part. (Ord. 427-AC) HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.18 Maintenance Of Common Areas, Improvements And Facilities The recipient of any zoning, special use, conditional use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this part or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. (Ord. 427-AC) HISTORY Repealed & Replaced by Ord. 663-AC on 10/24/2023 94.19 Reasonable Accommodation Applications 1. Reasonable Accommodation. 1. A modification in the application of land use or zoning regulations or in the application of land use, zoning, or building policies, procedures, or practices when necessary to eliminate barriers to housing opportunities, which does not impose undue financial or administrative burdens on the City or require a fundamental or substantial alteration of the City's regulations, policies, procedures or practices.

2. Reasonable Accommodation for Residential Uses. A request for reasonable accommodation can be made by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, when the application of a land use or zoning regulation, or land use, zoning, or building policy, practice or procedure acts as a barrier to fair housing.

   3. The purpose of granting an application for Reasonable Accommodation is to provide an individual with health conditions and impairments, the representative, or a developer or provider of housing for an individual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. An application for Reasonable Accommodation may be filed with the Planning Department as provided in Article IV Section.

dual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. An application for Reasonable Accommodation may be filed with the Planning Department as provided in Article IV Section.

4. Definitions. Article II Section 92 is hereby amended to add the following definitions: 5. Fair Housing Laws. The Federal Fair Housing Act (42 U.S.C. § 3601 et. Seq.), the California Fair Employment and Housing Act (Government Code §12900 et seq.), and the California Disabled Persons Act (Civil Code § 54 et.Seq.).

5. Individual with a Disability. A person who has a medical, physical, or mental conditions that limits a major life activity, as those terms are defined in California Government Code section 12926

6. Submittal Requirements for Reasonable Accommodations. Each application for a Reasonable Accommodation shall be accompanied by the site plan information required by Article IV Section 94 (2) (a) through (j). The application shall be accompanied by the following information: 1. The name, address, and phone number for the applicant and owner of the property for which the reasonable accommodation request is being made; 2. The current and proposed use of the property for which the reasonable accommodation request is being made; 3. If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made; 4. The basis for the claim that the individual to be reasonably accommodated is an Individual with a Disability under the Fair Housing Laws;

   5. The land use or zoning regulation, or land use, zoning, or building policy, practice or procedure for which reasonable accommodation is being requested; 6. The type of accommodation sought;

   6. The reason(s) why the accommodation is necessary for the needs of the people with health conditions or impairment person. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

   7. Copies of memoranda, correspondence, pictures, plans or background information

   8. Reasonably necessary to reach a decision regarding the need for the accommodation; other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws.

   9. Completion of a CEQA Checklist if proposed site is on vacant land.

7. Findings. The reviewing authority shall approve the application, with or without conditions, unless it determines on the basis of substantial evidence that one or more of the following findings cannot be made:

   1. The accommodation is requested by or on behalf of an individual with a disability protected under the fair housing laws.

   2. The housing, which is subject to the requested accommodation, will be used by an individual with a disability protected under fair housing laws.

8. The requested accommodation is necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

   4. The requested accommodation will not impose an undue financial or administrative burden on the City.

   5. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

   6. Other Discretionary approvals. If the project requires other discretionary approval (such as a Conditional Use Permit or Variance) independent of the reasonable accommodation request, then the reasonable accommodation application will be decided prior to the other applications. Such decisions shall not to be-reconsidered as part of the subsequent approvals but shall be regarded as independent entitlements.

   7. Decisions. The City Planner shall, within 30 days of determining the application complete, approve, approve with conditions, or deny the application based on the findings set forth in Article IV Section 94.19 (2), and may impose such conditions as it deems necessary to ensure the accommodation will comply with the findings required in Article IV Section 94.19 (2) and fair housing laws. As part of consideration of a request for a reasonable accommodation related to construction of new dwelling or dwellings, the City Planner may consult with the Design Review Committee regarding the requested accommodation and any options that may result in a reasonable accommodation. While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

   8. Appeals. The decision of the City Planner may be appealed in accordance with Article XVIII "Enforcement and Review" Appeals are subject to payment of the fee imposed on appeals in the City's Master Fee Schedule.

   9. Nonconforming Status. All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Development Department Director, City Planner, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows: 1. The unit has been preoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or

9. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed 25 percent of the market value of the structure.

10. Confidentiality. Medical information provided to the City related to the person for whom a reasonable accommodation is being requested shall be retained in a manner so as to respect to the privacy rights of the applicant to the extent feasible, shall be kept confidential and shall not be made available to the public, pursuant to state and federal law.

11. Urgent, Temporary and Unforeseen Need. Upon receipt of the application required by Article IV Section 94.19 (2), and without the right of appeal provided by Article IV Section 94.19 (6), upon a showing of an urgent, temporary and unforeseen need made by or on behalf of an Individual with a Disability, the Zoning Administrator shall approve as a Temporary Reasonable Accommodation temporary ramps and temporary and easily remediated alterations to a building that are not designed or intended nor allowed to remain for more than 90 days following such approval during a period of temporary disability (90 days maximum) or during a period during which an application for Reasonable Accommodation has been made and has not been acted upon with, finality. Any approved Temporary Reasonable Accommodation shall be removed within the period of time established for such removal by the City Planner at the time of approval.

HISTORY Amended by Ord. 621-AC on 8/13/2019 Article V Appeal, Variances, Interpretations 95.00 Appeals 95.01 Variances 95.01.1 Limitations On Granting Waivers And Variances 95.02 Interpretations 95.03 Requests To Be Heard Expeditiously 95.04 Burden Of Proof In Appeals And Variances 95.05 Action On Appeals And Variances (Ord. 427-AC, 460-AC) 95.00 Appeals 1. An appeal from any final order or decision of the city planner may be taken to the planning commission by any person aggrieved. An appeal is taken by filing with the city planner and the planning commission written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the city planner or council when delivered to the planning department, and the date and time of filing shall be entered on the notice by the planning staff.

2. An appeal from any final order or decision of the planning commission may be taken to the city council by any person aggrieved. Filing of appeal shall be the same procedure as described in subsection (a) of this section.

3. An appeal must be taken within ten days after the date of the decision or order appealed from. 4. Whenever an appeal is filed, the city planner shall forthwith transmit to the planning commission or city council all the papers constituting the record relating to the action appealed from. 5. The planning commission or council may reverse or affirm (wholly or partly) or may modify the order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the commission shall have all the powers of the officer from whom the appeal is taken. (Ord. 427-AC)

95.01 Variances 1. An application for a variance shall be submitted to the planning commission by filing a copy of the application with the city planner in the planning department. Applications shall be handled in the same manner as applications for special use permits.

2. A variance may be granted by the planning commission if it concludes that strict enforcement of the ordinance codified in this part would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance codified in this part will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that: 1. If the applicant complies strictly with the provisions of the ordinance codified in this part, he can make no reasonable use of his property; 2. The hardship of which the applicant complains is one suffered by the applicant rather than neighbors or the general public; 3. The hardship relates to the applicant’s land, rather that personal circumstances; 4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties; 5. The hardship is not the result of the applicant’s own actions; and 6. The variance will neither result in the extension or initiation of a nonconforming situation.

3. In granting variances, the planning commission may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

4. A variance may be issued for an indefinite duration or for a specified duration only. 5. The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this part. (Ord. 427-AC)

95.01.1 Limitations On Granting Waivers And Variances Neither the city council nor the planning commission is authorized to grant waivers or variances to any of the provisions of this Part III, except: 1. Only if necessary and only to the extent necessary to prevent the taking of property in violation of the federal or state constitutions by the strict applications of the requirements of this Part III; or 2. As provided in Section 95.01. (Ord. 460-AC)

95.02 Interpretations

1. The planning commission is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions, if such questions arise in the context of an appeal from a decision of the city planner.

2. An application for a map interpretation shall be submitted to the planning commission by filing a copy of the application with the city planner in the planning department. The application shall contain sufficient information to enable the commission to make the necessary interpretation.

3. Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply:

   1. Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams or railroads should be construed to follow such centerlines;

4. Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries;

   3. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines;

   4. Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map;

   5. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

5. Interpretations of the location of floodway and floodplain boundary lines may be made by the city planner. (Ord. 427-AC)

The planning commission and city council shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice, and obtain the necessary information to make sound decisions. (Ord. 427-AC)

• 95.04 Burden Of Proof In Appeals And Variances

  1. When an appeal is taken to the planning commission in accordance with Section 95.00, the city planner shall have the initial burden of presenting to the body sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument for the appeal then shifts to the appellant, who shall also have the burden of persuasion.

  2. The burden of presenting evidence sufficient to allow the planning commission or city council to reach the conclusions set forth in section 95.01 (b), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance. (Ord. 427-AC)

95.05 Action On Appeals And Variances

1. With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of specific reasons or findings of facts that support the motion, if a motion to reverse or modify is not made or fails to receive the majority vote necessary for adoption.

2. Before granting a variance, the body must take a separate vote and vote affirmatively on each of the six (6) required findings stated in section 95.01(b). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in section 95.01(b) shall include a statement of the specific reasons or findings of fact supporting such motion.

3. A motion to deny a variance may be made on the basis that any one (1) or more of the six (6) criteria set forth in section 95.01(b) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. (Ord. 427-AC)

Article VI Uses 96.00 Uses Permitted 96.01 Table Of Permissible Uses 96.02 City Planner Jurisdiction Over Uses Otherwise Permissible With A Zoning Permit 96.03 Permissible Uses And Specific Exclusions 96.04 Accessory Uses 96.05 Permissible Uses Not Requiring Permits 96.06 Change In Uses 96.07 Combination Uses 96.08 Dwelling Units 96.09 Planned Unit Development Overlay

Ord. No. 427-AC, 528-AC, 564-AC, 634-AC plus additional ordinances updating Sec 96.01 (Ord. 427-AC, 547-AC, 634-AC, 659-AC)

96.00 Uses Permitted

Land, buildings, and other facilities shall be designed, developed, and used only for those activities indicated for the various zones by the following Table of Permissible Uses. The symbols shown in this table have the following meanings:

Symbol Meaning:

Z = Permitted use in the indicated zone with a zoning permit issued by the city planner.

S = Special Use Permit must be obtained from the planning commission.

C = Conditional Use Permit must be obtained from the city council.

(Ord. 427-AC)

HISTORY

Amended by Ord. 663-AC on 10/24/2023

Notwithstanding any other provisions of this article, whenever the Table of Permissible Uses provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the city planner finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In

making this determination, the city planner shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one (1) principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question. (Ord. 427-AC)

posed use constitutes a change from one (1) principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question. (Ord. 427-AC)

• 96.03 Permissible Uses And Specific Exclusions 1. The presumption established by this part is that all legitimate uses of land are permissible within at least one (1) zoning district in the city’s planning jurisdiction. Therefore, because the list of permissible uses set forth in section 96.01 (Table of Permissible Uses) cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

• 2. Notwithstanding subsection (a) of this section, all uses that are not listed in section 96.01 (Table of Permissible Uses), even given the liberal interpretation mandated by subsection (a) of this section, are prohibited. Nor shall section 96.01 (Table of Permissible Uses) be interpreted to allow a use in one (1) zoning district when the use question is more closely related to another specified use that is permissible in other zoning districts.

• 3. Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts: 1. Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the Uniform Fire Code; 2. Stockyards, slaughterhouses, rendering plants;

  4. Use of a travel trailer as a temporary or permanent residence.

1. constitutes only an incidental or insubstantial part of the total activity that take place on a lot, or

2. is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special use permit. 2. For purposes of interpreting subsection (a) of this section: 1. A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use. 2. To be “commonly associated” with a principal use it is not necessary an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness. 3. Without limiting the generality of subsections (a) and (b) of this section, the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses: 1. Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation; 2. Hobbies or recreational activities of a noncommercial nature; 3. The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling; 4. Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three (3) times during any fiscal year. 4. Without limiting the generality of subsections (a) and (b) of this section, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts: 1. Storage outside of substantially enclosed structure of any motor vehicle that is neither licensed nor operational; 2. Parking outside a substantially enclosed structure of more than four (4) motor vehicles between the front building line of the principal and the street on any lot used for residential purposes. (Ord. 427-AC) 96.05 Permissible Uses Not Requiring Permits Notwithstanding any other provisions of this part, no zoning, special use, or conditional use permit is necessary for the following uses: 1. Streets; 2. Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way; 3. Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or city) of the right-of-way. (Ord. 427-AC) 96.06 Change In Uses 1. A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever: 1. The change involves a change from one (1) principal use category to another. 2. If the original use is a combination use or planned unit development the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered. 3. If the original use is a combination use or planned unit development use, the mixture of the types of individual principal uses that comprise the combination use of planned unit development use changes. 4. If the original use is a planned residential development, the relative proportions of different types of dwelling units change. 5. If there is only one (1) business or enterprise conducted on the lot (regardless of whether that business or enterprise consist of one (1) individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business.) For example, if there is only one (1) building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use even those both tenants fall within the same principal use classification. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one (1) business on the lot and the essential character of the activity conducted on that lot (shopping center - combination use) has not changed. 2. A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two (2) active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than one hundred eighty (180) consecutive days or has been abandoned. 3. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use (Ord. 427-AC) 96.07 Combination Uses 1. When a combination use comprises two (2) or more principal uses that require different types of permits (zo

upied, unless the property has remained unoccupied for more than one hundred eighty (180) consecutive days or has been abandoned. 3. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use (Ord. 427-AC) 96.07 Combination Uses 1. When a combination use comprises two (2) or more principal uses that require different types of permits (zo

upied, unless the property has remained unoccupied for more than one hundred eighty (180) consecutive days or has been abandoned. 3. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use (Ord. 427-AC) 96.07 Combination Uses 1. When a combination use comprises two (2) or more principal uses that require different types of permits (zoning, special use, or conditional use), then the permit authorizing the combination use shall be: 1. A conditional use permit if any of the principal uses combined requires a conditional use permit; 2. A special use permit if any of the principal uses combined requires a special use permit but none requires a conditional use permit; 3. A zoning permit in all other cases. 2. When a combination use consists of a single-family detached residential subdivision that is not architecturally integrated and two-family or multifamily uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot. 3. When a combination use consists of a single-family detached, architecturally integrated subdivision and two-family or multifamily uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit. (Ord. 427-AC) 96.08 Dwelling Units 1. Definitions to be Added. 1. "Accessory dwelling unit." An attached or a detached residential dwelling unit which provides independent living facilities for one or more persons. It shall include permanent provisions for living, eating, sleeping, cooking, and sanitation on the same parcel as a single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home as defined in Section 18007 of the Health and Safety Code. (See also "Secondary dwelling unit").

2. "Accessory building or structure." A building or structure that is subordinate to the main building on the same site, or the use of which is incidental to the use of the site or the use of the main building on the site. A building that shares a common wall with a main building shall be deemed a part of the main building.

   3. "Accessory use." A use incidental, related, and subordinate to the principal legal use of the parcel or lot and located on the same.

   4. "Architecturally and historically significant historic district" means a historic district established by the City of Needles.

3. "Attached accessory dwelling unit" means an accessory dwelling unit that shares a common wall with the primary unit, either by being constructed as a physical expansion (i.e., addition) of a primary unit, conversion of an existing garage attached to a primary unit, or installation of a new basement underneath an existing primary unit.

   6. "Detached accessory dwelling unit" means an accessory dwelling unit that is constructed as a separate structure from the primary unit or is created through conversion (full or partial) of an existing lawfully-constructed detached accessory building into an accessory dwelling unit.

   7. "Second Dwelling Unit." A "Second Dwelling Unit" is defined as a permanent dwelling unit that is equivalent to a primary dwelling on the same site. A second dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. A second dwelling unit must be detached from the primary dwelling in R1 zones. A second dwelling unit may be attached to or detached from the primary dwelling in R2, R3, and CRR zones.

   8. "Floorspace" means the gross floor area as measured to the outside surface of exterior walls, including its living area.

   9. "Housing organization" means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a non-profit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project.

   10. "Junior accessory dwelling unit." A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. Enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. For the purposes of life/safety regulations and providing utilities such as water, sewer, power, or other utilities, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

   11. "Land Trust" means the same as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the California Revenue and Tax Code.

   12. "Living area" means the interior habitable area of a dwelling unit including the basement and attics but not including a garage or any accessory building or structure.

   13. "Primary unit" means the building (or portion of the building in cases of an attached accessory dwelling unit) in which the principal residential use of the lot takes place. An accessory dwelling unit cannot constitute the primary unit.

4. "Public transit" means a signed and designated bus stop, train stop, ferry terminal or other public transit station where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

5. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

6. "Secondary dwelling unit." The predecessor to an accessory dwelling unit under local zoning laws. Secondary dwelling unit permits were issued under local zoning laws in effect after February 3, 1984 and prior to January 1, 2017.

7. “Tiny home” means a detached structure with an enclosed space between 150 and 400 square feet on a permanent foundation used for dwelling purposes that provides complete independent living facilities for one or more persons and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. A tiny home that meets the requirements herein shall be considered an accessory dwelling unit.

8. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with a permanent foundation and attached to the required utilities.

9. Accessory Dwelling Unit (ADU). This section provides for the establishment and reasonable regulation of accessory dwelling units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare.

   1. Application and Fee. Application for an accessory dwelling unit permit shall be accompanied by the appropriate fee(s).

   2. Impact Fees. Accessory dwelling units built on a lot with an existing primary dwelling unit are exempt from impact fees. Accessory dwelling units built in conjunction with a new primary dwelling unit are subject to the following: 1. For accessory dwelling units less than 750 square feet, no impact fees apply. 2. For accessory dwelling units 750 square feet and larger, the impact fee is proportional relative to the square footage of the primary dwelling unit.

   3. Director of the Development Services, or His/Her Designated Replacement, as Review Authority. Applications for accessory dwelling units shall be ministerially without discretionary review or a public hearing, within 60 days following submission of complete application and fees, if the proposed site has an existing dwelling unit, otherwise a zoning permit application and fees for a site plan review are required. In the event of a denial, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within 60 days of submission of a complete application.

te has an existing dwelling unit, otherwise a zoning permit application and fees for a site plan review are required. In the event of a denial, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within 60 days of submission of a complete application.

4. A temporary certificate of occupancy for an accessory dwelling unit may be issued before the certificate of occupancy is issued for the primary residence, with the following conditions: 1) Within 18 months of receiving the temporary certificate of occupancy, a building permit will be in place for the primary dwelling unit and construction completed within 24 months of issuance of building permit ; 2) A bond to be in place at the time the temporary Certificate of Occupancy is issued in an amount covering the cost of demolition and removal of the ADU if the primary dwelling unit is not completed within 24 months. Once both units are completed, permanent Certificate of Occupancy will be issued for both units.

5. Grant of Accessory Dwelling Unit Permit. In order to grant an accessory dwelling unit permit for an accessory dwelling unit created through construction of or additions to a detached accessory building, by construction of or additions to a single-family or multi-family dwelling, or through the conversion of existing floorspace in a primary unit or a detached accessory building, the director, or his/her designee, shall find that the accessory dwelling unit would comply with all of the standards set forth in Section 96.08(E) for such accessory dwelling units.

6. Building Permits. A building permit shall be required in conjunction with the issuance of an accessory dwelling unit permit if repair, rehabilitation, or other work otherwise requiring a building permit is necessary.

7. Approved Secondary Dwelling Units Still Valid. Any secondary dwelling unit legally established with an approved secondary dwelling unit permit and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such permit shall continue to comply with all zoning requirements for secondary dwelling units in effect at the time of permit approval.

8. Premises Identification. Any assigned street address number for the accessory dwelling unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code.

9. Expiration. Accessory dwelling unit permits issued in compliance with this section shall expire and become null and void 18 months after issuance unless a certificate of occupancy has been issued by the building division.

10. Revocation. Upon written notice to the holder of an accessory dwelling unit permit or a secondary dwelling unit permit, and a hearing before the director, or his/her designee, the director may revoke or modify any accessory dwelling unit permit or secondary dwelling unit permit on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant;

cation. Upon written notice to the holder of an accessory dwelling unit permit or a secondary dwelling unit permit, and a hearing before the director, or his/her designee, the director may revoke or modify any accessory dwelling unit permit or secondary dwelling unit permit on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant;

  2. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 

3. That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation. 4. For other good cause.

4. Reporting of Violations. All reporting of accessory dwelling unit permit or secondary dwelling unit permit violations shall be submitted in writing to the Director of Development Services, or his/her designee, and the Director of Development Services, or his/her designee, shall notify the owner of record of the property that a complaint has been registered, within ten calendar days from receipt of any such complaint. The Director of Development Services, or his/her designee, shall investigate and issue a written report to the complainant within thirty days from the date of the issuance of the notice outlining the status of any alleged violation and the steps that have been requested of the owner of record to remedy the situation.

5. Density. Pursuant to California Government Code Title 7, Division 1, Chapter 13, no accessory dwelling unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Needles General Plan, and accessory dwelling units are deemed a residential use that is consistent with the existing general plan and zoning for the lot.

6. Junior Accessory Dwelling Unit (JADU). This section provides for the establishment and reasonable regulation of junior accessory dwelling units to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare. 1. Zoning Permit Required. No junior accessory dwelling unit shall be established or used unless a junior accessory dwelling unit permit has been issued by the City.

   2. Application and Fee. Application for a junior accessory dwelling unit permit shall be accompanied by the appropriate filing fee. Junior accessory dwelling units are exempt from impact fees. 3. Director of the Development Services, or His/Her Designee, as Review Authority. Applications for junior accessory dwelling unit shall be acted upon by Development Services, or his/her designee, without discretionary review or a public hearing. Said action shall occur no more than 60 days following submission of a complete application.

unior accessory dwelling units are exempt from impact fees. 3. Director of the Development Services, or His/Her Designee, as Review Authority. Applications for junior accessory dwelling unit shall be acted upon by Development Services, or his/her designee, without discretionary review or a public hearing. Said action shall occur no more than 60 days following submission of a complete application.

4. Grant of Junior Accessory Dwelling Unit Permit. In order to grant a junior accessory dwelling unit permit, the director, or his/her designee, shall find that the proposed unit would comply with this section and Section 96.08(G) Standards for Junior Accessory Dwelling Units as adopted by council resolution.

5. Building Permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a junior accessory dwelling unit. Any repair, rehabilitation, or other work associated with the installation of the junior accessory dwelling unit shall also obtain building permits where required by law.

6. Premises Identification. Any assigned street address number for the junior accessory dwelling unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code.

7. Expiration. Junior accessory dwelling unit permits issued in compliance with this section shall expire and become null and void 18 months after issuance unless a certificate of occupancy has been issued by the building division.

8. Revocation. Upon written notice to the holder of a junior accessory dwelling unit permit and a hearing before the director, or his/her designee, the director, or his/her designee, may revoke or modify any such permit, on any one of the following grounds:

   1. That the approval was based on false information submitted by the applicant.

   2. That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation. 3. For other good cause.

9. Reporting of Violations. All reporting of junior accessory dwelling unit violations shall be submitted in writing to the director, or his/her designee, The director, or his/her designee, shall notify the owner of record of the property that a complaint has been registered within ten calendar days from receipt of any such complaint. The director, or his/her designee, shall investigate and issue a written report to the complainant within thirty days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps that have been requested of the owner of record to remedy the situation.

10. Violations Considered an Infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director, or his/her designee, and shall be subject to the provisions of Municipal Code Article XVIII “Enforcement and Review” and Chapter 2A “Administrative Citations”.

11. Manufactured Homes and Tiny Homes. Manufactured homes and tiny homes are subject to all of the following provisions:

12. Shall be a self-contained unit that complies with all State of California requirements, is constructed in compliance with American National Standards Institute (ANSI) 119.5 standard as certified by an accredited qualified third-party inspector.

    2. Shall adhere to all setback, height, and floor area limitations pursuant to Section 96.08(H).

    3. Shall be secured to a permanent foundation.

    4. Shall have at least 100 square feet of enclosed space.

    5. Shall be directly connected to an approved water source, an onsite wastewater treatment system or sanitary sewer system, and electric utilities. Holding tanks that are incorporated into the original design of the structure shall not be used for the purposes of waste storage and shall be directly connected to the approved onsite wastewater treatment system or sanitary sewer.

    6. Mechanical equipment shall be incorporated into the original design of the structure and shall not be located on the roof or added on to the exterior of the unit, except for HVAC units.

    7. Shall have the following design elements to maintain the character of the residential neighborhood:

       1. Shall not include corrugated aluminum or fiberglass siding and shall not be a shipping container or cargo container.

       2. Shall use cladding and trim materials on the exterior of movable tiny homes for residential appearance and to provide adequate thermal insulation and weather resistance. Materials may include, but are not limited to, single piece composite, vinyl siding, laminates, or interlocked sheathing.

       3. Windows shall be at least double pane glass and labeled for building use and shall include exterior trim.

    8. Application and Fee. Application for an accessory dwelling unit (manufactured home or tiny home) permit shall be accompanied by the appropriate fee(s).

    9. Impact Fees. Accessory dwelling units built on a lot with an existing primary dwelling unit are exempt from impact fees. Accessory dwelling units added in conjunction with a new primary dwelling unit are subject to the following:

       1. For accessory dwelling units less than 750 square feet, no impact fees apply.

       2. For accessory dwelling units 750 square feet and larger, the impact fee is proportional relative to the square footage of the primary dwelling unit.

    10. Director of the Development Services, or his/her designated replacement, as review authority. Applications for accessory dwelling units shall be acted upon by Development Services, or his/her designee, ministerially without discretionary review or a public hearing, within 60 days following submission of complete application, if the proposed site has an existing dwelling unit, otherwise a zoning permit application and fees for a site plan review are required.

    11. Grant of Accessory Dwelling Unit Permit. In order to grant an accessory dwelling unit permit for an accessory dwelling unit (manufactured home/tiny home) the director, or his/her designee, shall find that the accessory dwelling unit would comply with all of the standards set forth in Section 96.08(H) for such accessory dwelling units.

13. A temporary certificate of occupancy for an accessory dwelling unit may be issued before the certificate of occupancy is issued for the primary residence, with the following conditions: 1) Within 18 months of receiving the temporary certificate of occupancy, a building permit will be in place for the primary dwelling unit and construction completed within 24 months of issuance of building permit; 2) A bond to be in place at the time the temporary Certificate of Occupancy is issued in an amount covering the cost of demolition and removal of the ADU if the primary dwelling unit is not completed within 24 months. Once both units are completed, permanent Certificate of Occupancy will be issued for both units.

14. Building Permits. A building permit shall be required in conjunction with the issuance of an accessory dwelling unit permit if repair, rehabilitation, or other work otherwise requiring a building permit is necessary.

15. Approved Secondary Dwelling Units Still Valid. Any secondary dwelling unit legally established with an approved secondary dwelling unit permit and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such permit shall continue to comply with all zoning requirements for secondary dwelling units in effect at the time of permit approval.

16. Premises Identification. Any assigned street address number for the accessory dwelling unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code.

17. Expiration. Accessory dwelling unit permits issued in compliance with this section shall expire and become null and void 18 months after issuance unless a certificate of occupancy has been issued by the building division.

18. Revocation. Upon written notice to the holder of an accessory dwelling unit permit or a secondary dwelling unit permit, and a hearing before the director, or his/her designee, the director may revoke or modify any accessory dwelling unit permit or secondary dwelling unit permit on any one or more of the following grounds:

  1. That the approval was based on false information submitted by the applicant; 

  2. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; 

  3. That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation. 4. For other good cause.

18. Reporting of Violations. All reporting of accessory dwelling unit permit or secondary dwelling unit permit violations shall be submitted in writing to the director, or his/her designee, and the director, or his/her designee, shall notify the owner of record of the property that a complaint has been registered, within ten calendar days from receipt of any such complaint. The director, or his/her designee, shall investigate and issue a written report to the complainant within thirty days from the date of the issuance of the notice outlining the status of any alleged violation and the steps that have been requested of the owner of record to remedy the situation.

19. Violations Considered an Infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director, or his/her designee, and shall be subject to the provisions of Article XVIII “Enforcement and Review” as well as Chapter 2A “Administrative Citations”.

20. Density. Pursuant to California Government Code Section 68552.2, no accessory dwelling unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Needles General Plan, and accessory dwelling units are deemed a residential use that is consistent with the existing general plan and zoning for the lot.

21. Standards for Accessory Dwelling Units Created Through Construction of or Additions to a Detached Accessory Building or by Construction of or Additions to an Existing Dwelling.

    1. Zones. The proposed unit would be located on a lot that contains a proposed or existing dwelling located in one of the following residential zones: R-1, R-2, R-3, CRR and C-2.

    2. On lots zoned R-1, one ADU is allowed per primary dwelling unit. On lots zoned for R-2, R-3, CRR, and C-2, a maximum of two ADUs are permitted.

    3. Rental. The Accessory Dwelling Unit may be rented but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental.

    4. Location on Lot. The Accessory Dwelling Unit shall either be attached to the existing dwelling or located within the Living Area of the existing dwelling or shall be detached from the existing dwelling and located on the same lot as the existing dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building a minimum of three feet.

    5. Zoning Development Standards. The proposed unit shall comply with development standards for the underlying zone in which it is located, specifically standards for lot coverage, setback, height, and floor area ratio, except as explicitly set forth herein.

    6. Separate Kitchen and Bathroom. The proposed Accessory Dwelling Unit shall contain a separate kitchen and bathroom; both the Primary Unit and the Accessory Dwelling Unit shall comply at a minimum with all requirements of the current residential code; and the Accessory Dwelling Unit shall comply with the building code at the time it was constructed.

22. Size. There is no limit on the size of an accessory dwelling unit that is attached to or detached from a primary unit, except that attached and detached accessory dwelling units shall not be larger than the primary unit, and detached and attached accessory dwelling units shall comply with setback requirements, the required distance between units, open space requirements and maximum lot coverage/FAR requirements applicable to the parcel on which the unit is located.

    8. Height. A detached Accessory Dwelling Unit shall not exceed the height of maximum height limit of its respective zone.

    9. Passageway. No Passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit.

    10. Setback Exceptions. A detached Accessory Dwelling Unit must have a minimum set back of five feet from side and rear property lines. No setback shall be required for a lawfully constructed garage or other accessory structure in existence prior to execution of this Ordinance that is converted to an Accessory Dwelling Unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. In the event an Accessory Dwelling Unit is permitted prior to the primary residence, a minimum front set back of 26 feet shall apply.

    11. Parking. The application shall comply with parking provisions of Needles’ Municipal Code Section 111, including parking setback limitations, except as set forth below:

    12. One parking space per accessory dwelling unit or per bedroom, whichever is less, of the proposed Accessory Dwelling Unit in addition to those required for the Primary Unit(s).

    13. Required parking for the Accessory Dwelling Unit may be uncovered.

    14. Off-street parking for an Accessory Dwelling Unit may be in tandem with parking for the Primary Unit or may be allowed in the front setback, unless specific findings are made that such is not feasible based on specific site topographical or fire and life safety conditions. All parking spaces shall be on an Improved Parking Surface that satisfies City Standards.

    15. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, the City does not require that those parking spaces be replaced,

    16. Subsections A through D of this Standard 11 shall not apply to a unit described in subsection 11F below.

    17. On-site parking is not required for an Accessory Dwelling Unit in any of the following circumstances:

        1. The unit is located within one-half mile of Public Transit.

        2. The unit is part of the existing Primary Unit or an existing Accessory Building.

        3. When on-street parking permits are required but not offered to the occupant of the unit.

        4. When there is a car share vehicle located within one block of the unit.

23. Feasibility Inspection. Unless the project constitutes new construction, a building inspection shall be performed by the City's Building Dept. at applicant's cost, and a report establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director, or his/her designee, of Development Services prior to approval of an Accessory Dwelling Unit permit.

24. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit would be available. If the lot is connected to the public sewer system, the applicant has submitted a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant will need to demonstrate that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit.

25. The Accessory Dwelling Unit would comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.

26. The Accessory Dwelling Unit would comply with all applicable Water District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.

27. Standards for Accessory Dwelling Units Created Exclusively through Conversion of Existing Floorspace in a Single-Family Dwelling, Multifamily Structure, or a Detached Accessory Building.

    1. The unit shall be located in one of the following residential zones: R-1, R-2, R-3, CRR, and C-2.

    2. The unit shall be created within an existing legal structure (a single-family dwelling or a Detached Accessory Building appurtenant to a single-family dwelling) and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure.

    3. The unit shall provide independent exterior access from the Primary Unit.

    4. The unit has sufficient setbacks to meet fire safety requirements.

    5. There shall be no more than one Accessory Dwelling Unit per primary dwelling on a single-family lot. On a multifamily lot, up to 25 percent of existing units may have an Accessory Dwelling Unit.

    6. Rental. The unit may be rented but may not be rented for a period less than 30 consecutive days or used as a Vacation Rental.

    7. Feasibility Inspection. A building inspection shall be performed by the City's Building Division at applicant's cost, and a memo establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director, or his/her designee, of Community Development, prior to approval of a permit.

28. Standard for Junior Accessory Dwelling Units.

    1. The proposed junior accessory dwelling unit would be located in a residential zone, including the R-1, R-2, R-3, CRR and C-2 zones.

    2. One junior accessory dwelling unit is permitted on single family and multifamily lots.

29. Owner occupancy of one of the dwelling units on the site (either the primary residence or the junior accessory dwelling unit) is required, unless the owner is a governmental agency, a land trust, or a housing organization. For purposes of this standard, ownership is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest.

    4. The junior accessory dwelling unit would be in conformance with the current building codes adopted by the City. A memo prepared following inspection of the premises by the Needles Building Division, documenting the feasibility of the project to meet current building codes, shall be provided to the Director, or his/her designee, of Community Development prior to approval of a junior accessory dwelling unit permit.

    5. The junior accessory dwelling unit would be created within the existing walls of a single-family dwelling.

    6. The junior accessory dwelling unit would have a separate exterior entry from that of the primary residence. An interior entry may also be included.

    7. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

       1. A sink with a maximum waste line diameter of one-and-a-half (1.5) inches.

       2. A cooking facility with appliances that do not require electrical service greater than one hundred-twenty (120) volts. Gas appliances are not permitted.

       3. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

    8. The junior accessory dwelling unit would be located on a lot where the primary residence complies with current parking standards for its zone.

    9. Adequate sanitation (bathroom) facilities are provided, either a) separately for the exclusive use of the junior accessory dwelling unit; or b) shared with the primary residence through internal access from the junior accessory dwelling unit to the primary residence.

    10. The junior accessory dwelling unit shall comply with applicable requirements of the fire protection district serving the lot, subject to the provisions of Government Code Section 65852.22(d) or successor sections thereto.

    11. The junior accessory dwelling unit shall comply with applicable requirements of the public water agency serving the lot, subject to the provisions of Government Code Section 65852.22(e) or successor sections thereto.

    12. The junior accessory dwelling unit may be rented but shall not be rented for less than thirty (30) consecutive days. 13. The property on which the junior accessory dwelling unit is located shall have deed restrictions recorded upon it as set forth below prior to issuance of a building permit for the unit. Said restrictions shall be reviewed and approved by the City Attorney and recorded with the San Bernardino County Recorder's Office.

e rented but shall not be rented for less than thirty (30) consecutive days. 13. The property on which the junior accessory dwelling unit is located shall have deed restrictions recorded upon it as set forth below prior to issuance of a building permit for the unit. Said restrictions shall be reviewed and approved by the City Attorney and recorded with the San Bernardino County Recorder's Office.

1. The junior accessory dwelling unit shall not be sold separately from the primary residence and shall not be rented for less than thirty (30) consecutive days. 2. The junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area, shall not be smaller than allowed by applicable building regulations, and shall be entirely contained within an existing single-family structure.

2. The junior accessory dwelling unit shall be considered legal only so long as it or the single-family dwelling in which it is located is owner-occupied, unless the owner is a governmental agency, a land trust or a housing organization. Ownership is defined as a majority (i.e., fifty-one percent or greater) interest in the property in question. Property owned in joint tenancy shall be considered a single ownership for any party named. Property owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest.

3. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of Needles Municipal Code Section 96.08 “C” and “G” may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.

4. Standards for Manufactured Homes and Tiny Homes.

   1. Zones. The proposed unit would be located on a lot that contains a proposed or existing dwelling located in one of the following residential zones: R-1, R-2, R-3, CRR.

   2. On lots zoned for single family residential use, one ADU is allowed per primary dwelling unit. On lots zoned for multi-family residential use, a maximum of two ADUs are permitted. 3. Rental. The Accessory Dwelling Unit may be rented but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. 4. Location on Lot. The Accessory Dwelling Unit shall be detached from the existing dwelling and located on the same lot as the existing dwelling. and shall be separated from the Primary Unit and any Detached Accessory Building a minimum of three feet.

   3. Zoning Development Standards. The proposed unit shall comply with development standards for the underlying zone in which it is located, specifically standards for lot coverage, setback, height, and floor area ratio, except as explicitly set forth herein.

5. Separate Kitchen and Bathroom. The proposed Accessory Dwelling Unit shall contain a separate kitchen and bathroom; both the Primary Unit and the Accessory Dwelling Unit shall comply at a minimum with all requirements of the current residential code; and the Accessory Dwelling Unit shall comply with the building code at the time it was constructed.

   7. Size. The total area of floorspace for the Detached Accessory Dwelling Unit shall not exceed 1,200 square feet.

   8. Height. A detached Accessory Dwelling Unit shall not exceed 15 feet in height.

   9. Passageway. No Passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit.

   10. Setback Exceptions. A detached Accessory Dwelling Unit must have a minimum set back of five feet from side and rear property lines. No setback shall be required for a lawfully constructed garage or other accessory structure in existence prior to execution of this Ordinance that is converted to an Accessory Dwelling Unit, and a setback of no more than five (5) feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. In the event an Accessory Dwelling Unit is permitted prior to the primary residence, a minimum front set back of 26 feet shall apply.

   11. Parking. The application shall comply with parking provisions of Needles’ Municipal Code Section 111, including parking setback limitations, except as set forth below:

   12. One parking space per accessory dwelling unit or per bedroom, whichever is less, of the proposed Accessory Dwelling Unit in addition to those required for the Primary Unit(s).

   13. Required parking for the Accessory Dwelling Unit may be uncovered.

   14. Off-street parking for an Accessory Dwelling Unit may be in tandem with parking for the Primary Unit or may be allowed in the front setback, unless specific findings are made that such is not feasible based on specific site topographical or fire and life safety conditions. All parking spaces shall be on an Improved Parking Surface.

   15. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, the City does not require that those parking spaces be replaced.

   16. Subsections (A) through (D) of this Section 96.08(h)(11) shall not apply to a unit described in subsection (h)(11)(F) below.

   17. On-site parking is not required for an Accessory Dwelling Unit in any of the following circumstances:

       1. The unit is located within one-half mile of Public Transit.

       2. The unit is part of the existing Primary Unit or an existing Accessory Building.

       3. When on-street parking permits are required but not offered to the occupant of the unit.

       4. When there is a car share vehicle located within one block of the unit.

6. Feasibility Inspection. Unless the project constitutes new construction, a building inspection shall be performed by the City's Building Dept. at applicant's cost, and a report establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the Director, or his/her designee, of Development Services prior to approval of an Accessory Dwelling Unit permit.

7. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit would be available. If the lot is connected to the public sewer system, the applicant has submitted a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant will need to demonstrate that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit.

8. The Accessory Dwelling Unit would comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 15. The Accessory Dwelling Unit would comply with all applicable Water District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.

HISTORY

Amended by Ord. 663-AC on 10/24/2023 Amended by Ord. 668-AC on 11/12/2024 96.09 Planned Unit Development Overlay

1. Property located in an area shown on the zoning map with the symbol PUD shall not be subdivided, developed or used for any purpose unless a conditional use permit is approved and the subdivision, development and use is in accordance with such conditional use permit. Planned unit developments are allowed in the commercial residential resort zone.

2. The following criteria shall be applied to consideration of a conditional use permit in the PUD overlay zone in addition to any other criteria applicable to the use and development being considered: 1. The development site shall be at least five (5) acres in net area.

   2. The development shall be of exceptional design quality, providing for imaginative use of the site, an attractive environment for occupants, and enhancing the character of the surrounding area.

3. Area requirements, density, height, yard and other requirements with the PUD shall be those permitted or required in the zoning district with which the PUD is combined, or those established during the approval process. However, single-family residential lot sizes in a PUD may only be reduced below the minimum standards required by the appropriate zone if usable open space is provided either within the PUD in an amount equal to or greater than the sum of all reductions of the minimum lot size or usable public open space is located adjacent to the PUD. (Ord. 427-AC, 564-AC)

Article VII Intensity Of Uses

97.00 Residential Zone Densities With No Bonuses 97.01 Density Bonus And Related Incentives And Concessions Program

Ord 427-AC, 620-AC, 659-AC amended complete Article April 2023.

Before any density bonuses are applied, the number of dwelling units permitted in a residential development shall not exceed or be developed at less than the following amounts:

Residential development shall equal at least the lowest value for each zone’s density range, exclusive of properties encumbered by or proposed for deeded or dedicated easements, unless the property owner can demonstrate to the City Planner that physical or environmental constraints on the property make development to the minimum density infeasible.

(Ord. No. 427-AC)

1. Purpose. The purpose of this Section 97.01 is to satisfy the requirements set forth in the Government Code Section 65915, et seq. (known as the State Density Bonus Law). If any provision of this Division conflicts with state law, or provides more rights than are legally required by state law, the minimum requirements of State law shall control. 1. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within the City shall comply with this section. 1. The City shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit the City from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p).

2. In order to provide for the expeditious processing of a density bonus application, the City shall do all of the following: 1. Adopt procedures and timelines for processing a density bonus application. 2. Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter.

expeditious processing of a density bonus application, the City shall do all of the following: 1. Adopt procedures and timelines for processing a density bonus application. 2. Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter.

3. Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943. 4. If the City notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters: 1. The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible. 2. If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible. 3. If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the City to make a determination as to those incentives, concessions, or waivers or reductions of development standards.

4. Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The City shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development.

6. The City shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: 1. Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

7. Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code.

8. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development.

9. Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

10. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.

11. Twenty percent of the total units for lower income students in a student housing development that meets the following requirements: 1. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

12. The applicable 20-percent units will be used for lower income students. 3. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

13. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause. 1. For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years.

status may verify a person’s status as homeless for purposes of this subclause. 1. For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years.

7. One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development.

8. For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1).

11. An applicant shall agree to, and The City shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

13. Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

14. For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:

    1. The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

15. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.

17. An applicant shall agree to ensure, and The City shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets either of the following conditions:

    1. The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement.

18. The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:

    1. A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.

    2. An equity sharing agreement.

    3. Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code.

19. For purposes of this paragraph, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

20. The City shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A), unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:

    1. Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation.

    2. Except as provided in clause (v), the City shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.

    3. For purposes of this subdivision, the City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

    4. For purposes of this subdivision, the City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the home at the time of initial sale.

21. If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the City may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Health and Safety Code Section 50079.5 within the jurisdiction of the City.

23. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

    1. The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b).

    2. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.

24. For the purposes of this paragraph, “replace” shall mean either of the following:

25. If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).

sive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).

2. If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).

3. Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through the City’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the City may do either of the following:

   1. Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).

   2. Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.

4. For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

5. Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, The City before January 1, 2015.

7. An applicant for a density bonus pursuant to subdivision (b) may submit to The City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with The City. The City shall grant the concession or incentive requested by the applicant unless The City makes a written finding, based upon substantial evidence, of any of the following:

   1. The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

   2. The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

   3. The concession or incentive would be contrary to state or federal law.

8. The applicant shall receive the following number of incentives or concessions:

   1. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.

   2. Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.

   3. Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.

   4. Four incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

   5. One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.

9. The applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require the City to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which

there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require the City to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The City shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.

4. The City shall bear the burden of proof for the denial of a requested concession or incentive.

5. 1. In no case may The City apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to The City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the City. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

   2. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).

6. A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless The City agrees to additional waivers or reductions of development standards.

7. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b).

   1. For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

   2. For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

   4. For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units. 2. For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph.

   5. For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units. 4. For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:

      1. Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households.

      2. If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density.

      3. If the housing development is located in a very low vehicle travel area within a designated county, the City shall not impose any maximum controls on density.

   6. For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

(D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

7. 1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows: (2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:

      1. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

      2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.

      3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure.

      4. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the City before the time of transfer.

      5. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer.

8. The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.

   7. The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. 8. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

9. 1. When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, The City shall grant either of the following:

      1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

      2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

   2. The City shall require, as a condition of approving the housing development, that the following occur:

      1. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c).

      2. Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b).

   3. Notwithstanding any requirement of this subdivision, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

   4. “Childcare facility,” as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers.

10. “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by The City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

12. The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law.

13. Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

14. For the purposes of this chapter, concession or incentive means any of the following:

15. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

16. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

17. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).

18. Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements.

19. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.

20. If permitted by local ordinance, nothing in this section shall be construed to prohibit the City from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.

21. For purposes of this section, the following definitions shall apply:

22. “Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura.

23. “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

24. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

elopment, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

4. “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

5. “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.

6. “Maximum allowable residential density” or “base density” means the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwellingunits-per-acre standard for density, then the local agency shall calculate the number of units by:

   1. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards.

   2. Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

8. “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

   2. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.

9. “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

11. “Total units” or “total dwelling units” means a calculation of the number of units that:

    1. Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.

    2. Includes a unit designated to satisfy an inclusionary zoning requirement of The City.

12. For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.

13. “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

15. Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, The City shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:

    1. Zero to one bedroom: one onsite parking space.

    2. Two to three bedrooms: one and one-half onsite parking spaces.

    3. Four and more bedrooms: two and one-half parking spaces.

  1. Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, The City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, The City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. 

  2. For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. 

3. Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, The City shall not impose vehicular parking standards if the development meets any of the following criteria:

   1. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.

   2. The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

4. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within onehalf mile, to fixed bus route service that operates at least eight times per day.

   4. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking.

   5. This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d).

   6. This subdivision does not preclude The City from reducing or eliminating a parking requirement for development projects of any type in any location.

   7. Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdiction wide parking study in the last seven years, then The City may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

   8. A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).

5. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.

6. This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units.

7. Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f).

8. When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, The City shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).

HISTORY

Repealed & Replaced by Ord. 663-AC on 10/24/2023

Article VIII Site Requirements

The minimum size and dimensions of lots created in the various zones shall be as shown in the following table:

For corner lots in single-family residential zones, the minimum lot area shall be increased by five hundred (500) square feet and the minimum lot width shall be increased by ten (10) feet over the amounts shown in this table. Lot depth shall not be more than three times the lot width. (Ord. No. 427-AC, 538-AC).

HISTORY

Amended by Ord. 663-AC on 10/24/2023

Article IX Development Standards 99.00 Buildings 99.06 Open Space 99.07 Outdoor Improvements 99.08 Fences, Walls, Hedges And Berms 99.09 Utilities And Mechanical Equipment 99.10 Environmental Effect 99.11 Water Efficient Landscaping

• (Ord. No. 427-AC, 556-AC, 568-AC, 570-AC, 572-AC, 637-AC, 659-AC)

HISTORY

Amended by Ord. 427-AC on 3/4/1996

99.00 Buildings 99.01 Building Type 99.02 Building Materials 99.03 Residential Building Floor Area 99.04 Residential Garages And Carports 99.05 Height Of Structures HISTORY Amended by Ord. 663-AC on 10/24/2023 99.01 Building Type

Every building shall be designed or remodeled to accommodate its use in accordance with applicable building codes and other laws. (Ord. 427)-AC)

Metal building materials, including shipping containers modified for habitation are permitted via a zoning permit when compliant with the architecture requirements.

The minimum gross floor area of each dwelling unit shall be as shown in the following table entitled Minimum Dwelling Unit Floor Area. Up to fifteen (15) percent of minimum required gross floor area may be in private balconies, porches and patios. Attic and basement space where the headroom is less than six and one-half (6 1/2) feet, and garages and accessory buildings, shall not be included as part of the required dwelling unit floor area.

1. Section 99.03 “Table of minimum dwelling unit floor area”

(Ord. No. 427-AC), 659-AC

HISTORY

Amended by Ord. 427-AC on 3/4/1996

99.04 Residential Garages And Carports

For required residential garages and carports, the minimum floor area and vehicular openings shall be as shown in the following table:

Residential Garages and Carports

(Ord. No. 427-AC)

99.05 Height Of Structures

1. The maximum height of any building or structure shall be as shown in the following tables:

2. Antennae. Notwithstanding the restrictions of subsection (a) of this section, radio, television, telecommunications tower, microwave antennae and similar equipment shall be subject to the following regulations:

3. Ground-mounted antennae are permitted to a height of fifty (50) feet, unless permitted higher by a conditional use permit.

   2. Roof-mounted antenna and telecommunications facilities, which may include dishes to a maximum of twenty-four (24) inches in diameter, may be used but may not be more than twentyfive (25) feet higher than the highest point of the building to which they are attached, excluding chimneys and like projects, unless permitted higher by the issuance of a conditional use permit.

   3. Any antennae that is primary to the use shall be subject to the height limit established under a conditional use permit. (Ord. 427-AC, 659-AC)

4. Rooftop Equipment. All rooftop equipment shall be screened form public view by screening materials of the same nature as the building's basic materials. Mechanical equipment should be located below the highest vertical element of the building. All rooftop mechanical equipment shall be located at a distance from the edge of the building so as not to be visible from the pedestrian level, from adjacent properties, and from adjacent roadways. If such units must be placed in a visible location for functional reasons, they shall be screened in a manner consistent with the building facade. Landscaping and screening of areas needed for services, such as deliveries, trash collection is required. Other appurtenances such as ground mechanical units, utility boxes, back-flow devices, and similar equipment shall either be screened or blended with surrounding area.

HISTORY

R-2 and R-3 zones, at least thirty (30) percent of the net area of each developed lot shall be open which is landscaped or arranged for outdoor recreation or pedestrian use. (Ord. 427-AC)

99.06.02 Common Usable Open Area

For all multi-family residential uses, the open area provided shall include common usable open area of at least two hundred (200) square feet per dwelling unit for the first twenty (20) dwelling units, plus one hundred fifty (150) square feet per dwelling unit for the next twenty (20) dwelling units, plus one hundred (100) square feet per dwelling unit for each additional dwelling unit. The minimum dimensions of such common usable open area shall be ten (10) feet in each direction and the least horizontal dimension shall be at least one-third (1/3) of the greatest horizontal dimension. (Ord. No. 427AC, (part).) For stand-alone multi-family residential uses built in the Downtown Core, the amount of common open space required shall be reduced by 50 percent. For multi-family residential uses built as part of a mixed-use residential development in the Downtown Core, the amount of common open space required shall be reduced by 75 percent. (Ord. 427-AC, 659-AC)

Private open areas may be included in the required open area but not in the required common usable open area. A private open area, when provided, shall have dimensions not less than ten (10) feet in any horizontal direction if at ground level, or be at least five (5) feet by eight (8) feet in horizontal dimension if located on a balcony or deck above ground level. (Ord. 427-AC)

99.06.04 Future Rights-Of-Way

This section is applicable only where a portion of a lot is within an area planned as part of a future street, alley or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the buildable lot width to less than forty (40) feet.

In cases to which this section applies, the portions of any lot within any such future right-of-way area shall not be occupied by structures other than those encroachments allowed in future rights-of-way as provided elsewhere in code. All other required setbacks, yards and open areas shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open areas. (Ord. 427-AC)

99.06.05 Front, Side, Rear Yards

Each lot shall have front, side and rear yard setbacks not less than the amounts shown in the following tables for primary and accessory buildings:

YARDS REQUIRED-RESIDENTIAL USES

PRIMARY BUILDING

Front Side Yard Rear Yard Yard

CRR

If there is an established “high water” mark delineated through a state or federal jurisdictional agency, then that “high water” controls for purposes of measuring the beginning point for the front yard or rear yard setback measurement. If no delineation has been made the setbacks shall be measured beginning from the top of the natural bank. R-1 uses are permitted in the CRR Zone and the R-1 setbacks apply. All other uses in the CRR Zone require a Conditional Use Permit. IF the use if approved (whether residential, commercial or mixed use), the Conditional Use Permit will specify the setbacks in accordance with the use being approved. These tables shall be used as a guideline in the CRR zone when determining setbacks for commercial, high density residential uses or mixed uses, but stricter standards may be applied for reasons of health, safety, welfare, aesthetics or compatibility.

“Table of yards required – nonresidential zones”

• (Ord. No. 659-AC)

PRIMARY AND ACCESSORY BUILDING

CRR

If there is an established “high water” mark delineated through a state or federal jurisdictional agency, then that “high water mark” controls for purposes of measuring the beginning point for the front yard or rear yard setback measurement. If no delineation has been made the setbacks shall be measured beginning from the top of the natural bank. R-1 uses are permitted in the CRR Zone and the R-1 setbacks apply. All other uses in the CRR Zone require a Conditional Use Permit. If the use is approved (whether residential, commercial or mixed use), the Conditional Use Permit will specify the setbacks in accordance with the use being approved. These tables shall be used as a guideline in the CRR zone when determining setbacks for commercial, high density residential uses or mixed uses, but stricter standards may be applied for reasons of health, safety, welfare, aesthetics, or compatibility.

HISTORY

Amended by Ord. 663-AC on 10/24/2023

99.06.05(b) Shipping Containers

1. Permitted in all zones, provided setbacks are met.

2. Units to be painted in a color that blends with the existing structures and surrounding area.

3. Containers may not be placed in a required parking area. Stacking of containers is not permitted.

4. Containers may not be placed between the primary structure and the immediately adjacent road or access easement (front of property).

5. Under no circumstances shall a shipping container be used for human or animal habitation unless modified as such according to the California Building Standards Code and approved with the entitlement and when compliant with the architecture requirements.

6. Units must be located or screened so as not to be in public view, unless modified to be used as habitable space.

HISTORY

Amended by Ord. 663-AC on 10/24/2023

99.06.06 Zero Side Or Rear Yard

Where no side or rear yard is required or where a zero (0) side yard is permitted, any building or structure shall be located either at the property line or at least three (3) feet from the property line. (Ord. 427-AC)

99.06.07 Zero Residential Side Yard

In the residential zones, where the lots on both sides of a property line are being developed anew (with all existing buildings on both lots being removed), a zero (0) side yard, in lieu of the side yard otherwise required, may be required on one (1) or both sides of said property line, provided:

1. Any building wall along the property line shall be of a sound-absorbing type in accordance with adopted standards.

2. An agreement of covenant between the property owners involved and running with the land, in a form acceptable to the city planner, shall be recorded, setting forth acceptance of the physical arrangement, and providing that failure to maintain such wall to the prescribed standard shall obligate each party to conform to the otherwise applicable yard regulations. (Ord. 427-AC)

99.06.08 Space Between Buildings

The minimum distance between buildings located on the same lot shall be as shown in the following table:

MINIMUM SPACE BETWEEN BUILDINGS

Between Main Building and An Accessory Between 2 Main Buildings Building Window* Window* Doorway* In One of the Facing In One or Both Facing In Both Facing Walls Walls Walls

99.08.01 General Requirements

Fences are required under various provisions of this part and other laws, including, but not limited to, the screening and protection of parking areas, storage areas, swimming and therapeutic pools, and utility facilities. Such required fences together with the facilities and activities required to be enclosed shall be located so as not to conflict with open space and yard setback requirements. In the case of utility facilities subject to fencing requirements pursuant to state law which unavoidably conflict with the requirements of this part, the state requirements shall prevail. Approved fence material shall

consist of chain link, wood, decorative rock, wrought iron, masonry wall in residential zones. Fences or devices utilizing galvanized, corrugated or interlocking metal sheets shall require a Special Use Permit. (Ord. No. 556-AC.)

1. Small Residential Rooftop Energy System.

   1. Application package includes:

      1. Exhibit “A” – Checklist for Expedited Solar Residential Rooftop Project

      2. Exhibit “B-1” – Standard Plan-Simplified Central/String Inverter System

      3. Exhibit “B-2” – Standard Plan-Simplified Micro inverter and ACM System

2. Exhibit “C” – Structural Criteria for Rooftop Solar Structural Requirements

   5. Exhibit “D” – building permit application with interconnection agreement application (Photovoltaic guidelines/Needles Rebate Program)

   6. Application Submittal for Permit. Will be accepted by the City via email, internet, or facsimile.

   7. Review Process and Permit Issuance.

      1. Building Official to review and confirm application is complete and administratively approve the application and issue all required permits or authorizations. Incomplete applications will be returned with written notification from building official identifying application deficiencies.
      • Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

   8. Inspection. Only one inspection shall be required, which shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

3. All other REP Projects.

   1. Permits Required. The type of land use permit required for REFs are shown in the Permissible Use Table under Section 24.00. 2. Application Package includes:

      1. Conditional Use Permit Application

      2. CEQA Checklist

      3. Interconnection Agreement Application

   2. Permits.

   3. Nothing in this chapter modifies the minimum building standards required to construct a REP, consistent with applicable building and fire codes. The REP components and all accessory equipment shall comply with the most recently adopted Building Code as determined by the Building Official and Fire Code as determined by the Fire Official.

   4. The Permits shall include review by local permitting departments including, but not limited to, the local Fire Authority, for Health and Safety Requirements.

   5. General Requirements.

      1. Setbacks. The following setbacks from the Parcel line to the closest part of the REP shall be established as shown in the Table below. Fencing, roads and landscaping may occur within the setback.

2. Grading, Access and Parking.

3. Renewable energy projects shall be sited to maintain natural grades and use existing roads for access to the extent practical. Construction of new roads shall be avoided as much as possible. Natural grades shall be restored and re-vegetated for temporary access roads, construction staging areas, of field office sites used during construction. The operator shall maintain an all-weather access road for maintenance and emergency vehicles.

4. Soil Stabilization, Erosion Control and Ground Water Management.

   1. To the extent feasible and compatible with the climate and pre-project landscaping of the property the site shall be restored with native vegetation. The revegetation plans shall be reviewed and approved by the City. All areas occupied by the facility that are not utilized for access to operate and maintain the installation shall be covered with gravel or other soil stabilization or other methods approved by the City. Use of chemical soil stabilization will require ongoing maintenance as required by the City.

   2. The renewable energy facility must have a storm water management plan/permit showing existing and proposed grading and drainage demonstrating no net increase in runoff.

   3. Erosion and Sediment Control Plan, if applicable, approved prior to beginning grading or construction. The plan must include best management practices for erosion control during and after construction, and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas, and to minimize sediment and storm water run-off waterways, agricultural lands and habitat areas.

   4. Prior to issuing a final Building Permit, an as-built grading and drainage plan, prepared by a licensed professional surveyor or other approved qualified professional shall be submitted to the reviewing agency’s engineer for review and approval. The plan shall show that the as-built conditions are substantially the same as those shown on the approved grading and drainage plan.

   5. A maintenance plan shall be submitted for the continuing maintenance of the REP, which may include, but not limited to, planned maintenance of soil stabilization, equipment maintenance, and plans for cleaning of solar panels if required.

5. Aesthetics. The operator of the renewable energy facility shall maintain the facility including all required landscaping in compliance with the approved design plans, and shall keep the facility free from weeds, dust, trash and debris.

6. Air Quality. During site preparation, grading and construction, the renewable energy facility operator must implement best management practices to minimize dust and wind erosion, including regularly watering roads and construction staging areas as necessary, and minimizing vehicle idling and number of vehicle trips. Paved roads shall be swept as needed to remove any soil that has been carried onto them form the facility site.

7. Air Safety. Renewable energy facilities shall be sited and operated to avoid hazards to air navigation. The renewable energy facility shall comply with any conditions imposed by Federal, State, County, and City agencies.

8. Biological Resources. The protection of high value biological resources is an important consideration. REP projects shall not be located on lands which support listed, candidate or other fully protected species, species of special concern, or species protected under the Native Plant Protection Act; Environmentally Sensitive Habitat Areas without CEQA. Applicant shall be responsible for all costs associated with the preparation of all documentation, studies, etc., as well as the costs associated with the preparation of all documentation, studies, etc., as well as the costs associated with the City’s use of a third-party reviewer to ensure application completeness. Applicants are encouraged to coordinate with permitting agencies such as Dept. of Fish and Game and U.S. Fish and Wildlife Service during design stages.

9. Cultural Resources. Renewable energy facilities shall be sited to avoid or mitigate impacts to significant cultural and historic resources, as well as sacred landscapes. Facilities requiring a use permit that result in ground disturbance shall require a cultural resources records search and, if necessary, a cultural resources field survey at the time of facility application. Consultation with Native American tribes shall be conducted as part of the environmental review process.

Grading plans for all renewable energy facilities shall include notes that require the contractor to halt work within the vicinity of any archeological, historical or cultural resources or artifacts that may be discovered during construction or operation.Tthe operator shall notify the local agency and qualified professional shall be retained at the applicant’s expense to evaluate the find and determine any measures to mitigate impacts including avoidance, removal, preservation or recordation in accordance with California law. The operator shall implement any feasible mitigation measures as determined by the local agency. If human remains are discovered, the County Coroner must also be notified and consultation with the Native American Heritage Commission may be required to determine the most likely descendants.

9. Fire Protection. The renewable energy facility shall be subject to Fire Safety Standards. The operator must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include, but not limited to: emergency vehicle access and turnaround at the facility site(s), addressing, vegetation management and fire break maintenance around structures.

10. Proximity to Transmission Lines and Utility Notification. Upgrades to distribution or transmission facilities shall be identified and addressed as part of the CEQA review process. No building permit for a renewable energy facility shall be issued until evidence has been provided that the proposed interconnection is acceptable to the affected utility.

• If new distribution, transmission, or substation facilities are required and the utility is an investor-owned utility, California Public Utilities Commission (CPUC) may need to approve a Permit to construct or a Certificate or Public Convenience and Necessity. Coordination with the CPUC is essential prior to renewable energy facility approval.

11. Security and Fencing. The site area for a renewable energy facility must be fenced or other appropriate measures to prevent unauthorized access and provide adequate signage. Wildlife friendly fencing shall be used where required. If needed, security lighting shall be operated by motion sensors. Access gates and equipment cabinets must always be locked at all times.

12. Signs. Temporary signs describing the facility and providing contact information for the contractor and operator shall be placed during construction and must be removed prior to final inspection and operation. Signs for public or employee safety are required. No more than two signs relating the address and name of the operator/facility may be placed on-site, subject to design review. Outdoor displays, billboards or advertising signs of any kind either on-or off-site are prohibited.

13. Off-Site Facilities. When the REP is located on more than one Parcel, there shall be proper easement agreements or other approved methods for the notification of all impacted parties.

14. Septic System Avoidance. The REP shall not be located over a septic system, leach field area or identified reserve area unless approved by the Department of Environmental Health;

15. Floodplain Avoidance. If located in a floodplain as designated by FEMA, or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation; and shall not otherwise create a fire or other safety hazard as determined by the Building Official.

16. Visibility.

17. If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto the adjacent Parcel or the night sky;

18. No display of advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner;

19. Decommissioning and Restoration.

20. A Decommissioning Plan shall be required and shall include the following:

An estimate prepared by a registered engineer describing the activities required to decommission the site and return it to its natural condition that existed before the installation along with an estimate to conduct the decommissioning activities.

The Owner/Applicant shall provide sufficient financial assurance to decommission the site. Allowable finance and assurances include cash, deposit, Letter of Credit or Performance Bond from an institution satisfactory to the City Manager.

1. Removal of all aboveground and underground equipment, structures, fencing and foundations to a depth of three feet below grade. Underground equipment, structures and foundations located at least three feet below grade that do not constitute a hazard or interfere with the use of the land do not need to be removed.

2. If applicable, removal of substations, overhead poles, above ground electricity transmission lines located on-site or within the public right of way if determined not to be usable to any other public or private utility.

3. Removal of graveled areas and access roads.

4. Regarding and placement of like-kind topsoil after removal of all structures and equipment.

5. An Erosion Control Plan

6. Revegetation of disturbed areas with native seed mixes and plant species suitable to the area.

7. The timeframe for completion of removal and decommissioning activities.

8. An engineer’s cost estimate for all aspects of the decommissioning plan, including use of prevailing wage rates, and credit for the salvage value of the panels and system materials.

9. A statement signed by the owner or operator that they take full responsibility for reclaiming the site in accordance with the Decommissioning Plan and Use Permit approval upon cessation of use. See above. We want a financial assurance instrument.

The renewable energy facility operator is required to notify the City immediately upon termination or cessation of use or abandonment of the operation. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The operator shall begin decommissioning and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within 90 days from the date the facility ceases operation and shall return the site to an appropriate end-use within the timeframe specified in the Decommissioning Plan.

18. Financial Assurance. At the time of issuance of the permit for the construction of the facility, the operator shall provide financial assurance in a form and amount acceptable to the local agency to secure the expense of decommissioning and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines in compliance with the approved reclamation plan.

19. Workforce Development. The operator shall be encouraged to participate in the regional occupational training program, or a similar program approved by the city, providing job training in renewable energy, and restoration and land stewardship, by providing an annual contribution to fund the program and providing access to the facility by teachers and students, for the term of the lease or facility use.

Submittal of a Local Hiring Plan is required prior to applying for a building permit for new construction valued at above $TBD. The Plan shall set voluntary targets for local hiring, along with a protocol for sequencing local job recruitment activities prior to advertising outside the-City as determined by the City. The Plan shall also include annual monitoring and reporting requirements during construction.

a Local Hiring Plan is required prior to applying for a building permit for new construction valued at above $TBD. The Plan shall set voluntary targets for local hiring, along with a protocol for sequencing local job recruitment activities prior to advertising outside the-City as determined by the City. The Plan shall also include annual monitoring and reporting requirements during construction.

20. Abandonment. A REP that ceases to produce electricity on a continuous basis for twenty-four (24) months shall be considered abandoned unless the Applicant or Landowner demonstrates by substantial evidence satisfactory to the City that there is no intent to abandon the facility. Applicants and/or Landowners are required to remove all equipment and facilities and restore the site to original condition upon abandonment.

21. Facilities deemed by the City to be unsafe, and facilities erected in violation of this section shall also be subject to this Section. The code enforcement officer or any other employee of the City shall have the right to request documentation and/or affidavits from the Applicant regarding the system’s usage and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred.

22. Upon a determination of abandonment or other violation(s), the City shall send a notice hereof to the Applicant and/or Landowner, indicating that the responsible party shall remove the REP and all associated facilities, and remediate the site to its approximate original condition within ninety (90) days of notice by the City, unless the City determines that the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the REP and restoration of the site, the City may advise the Applicant and/or Landowner of such alternative means of resolving the violation(s).

23. If the Applicant and/or Landowner do not comply, the City may remove the REP and restore the site and may thereafter (a) draw funds from any bond, security or financial assurance that may have been provided or (b) initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.

24. Misc.

• Public Benefit Program. A streamlined permitting process utilizing a Special Use Permit in lieu of a Conditional Use Permit shall be used for any REF utility-scale sized project participating in the Public Benefit Program.

6. Required Findings for Approval of a Commercial Solar Energy Facility.

7. In order to approve a commercial solar energy generation facility, the Planning Commission shall determine that the location of the proposed commercial solar energy facility is appropriate in relation to the desirability and future development of communities, neighborhoods, and rural residential uses, and will not lead to loss of the scenic desert qualities that are key to maintaining a vibrant desert tourist economy by making each of the findings of fact in subdivision (c).

Commission shall determine that the location of the proposed commercial solar energy facility is appropriate in relation to the desirability and future development of communities, neighborhoods, and rural residential uses, and will not lead to loss of the scenic desert qualities that are key to maintaining a vibrant desert tourist economy by making each of the findings of fact in subdivision (c).

2. In making these findings of fact, the Planning Commission shall consider:

   1. The characteristics of the commercial solar energy facility development site and its physical and environmental setting, as well as the physical layout and design of the proposed development in relation to nearby communities, neighborhoods, and rural residential uses; and

   2. The location of other commercial solar energy generation facilities that have been constructed, approved, or applied for in the vicinity, whether within a city or unincorporated territory, or on state or federal land.

3. The finding of fact shall include the following:

   1. The proposed commercial solar energy generation facility is either

      1. Sufficiently separated from existing communities and existing/developing rural residential areas so as to avoid adverse effects, or

      2. Of a sufficiently small size, provided with adequate setbacks, designed to be lower profile than otherwise permitted, and sufficiently screened from public view so as to not adversely affect the desirability and future development of communities, neighborhoods, and rural residential use.

   2. Proposed fencing, walls, landscaping, and other perimeter features of the proposed commercial solar energy generation facility will minimize the visual impact of the project so as to blend with and be subordinate to the environment and character of the area where the facility is to be located.

   3. The siting and design of the proposed commercial solar energy generation facility will be either:

      1. Unobtrusive and not detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways, or

      2. Located in such proximity to already disturbed lands, such as electrical substations, surface mining operations, landfills, wastewater treatment facilities, etc., that it will not further detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways. To assist in this determination, photo simulations of the proposed commercial solar energy generation facility as viewed from sensitive receptors (i.e. residences, trails, parks) and public roadways in the area may be required as part of the project’s application package.

   4. The siting and design of project site access and maintenance roads have been incorporated in the visual analysis for the project and shall minimize visibility from public view points while providing needed access to the development site.

4. The proposed commercial solar energy generation facility will not adversely affect the feasibility of financing infrastructure development in areas planned for infrastructure development or will be located within an area not planned for future infrastructure development (e.g., areas outside of water agency jurisdiction).

   6. The proposed commercial solar energy generation facility will not adversely affect to a significant degree the availability of groundwater supplies. 7. The proposed commercial solar energy generation facility will minimize site grading, excavating, and filling activities by being located on land where the existing grade does not exceed an average of five (5) percent across the developed portion of the project site, and by utilizing construction methods that minimize ground disturbance.

   7. The proposed commercial solar energy generation facility will be located in proximity to existing electrical infrastructure, such as transmission lines, utility corridors, and roads, so that:

        1. Minimal ground disturbance and above ground infrastructure will be required to connect to the existing transmission grid, considering the location of the project site and the location and capacity of the transmission grid, 
      
        2. New electrical generation tie lines will be co-located on existing power poles whenever possible, and 
      
        3. Existing rights-of-way and designated utility corridors will be utilized to the extent practicable. 
      

      9. The proposed commercial solar energy generation facility will be sited so as to avoid or minimize impacts to the habitat of special status species, including threatened, endangered, or rare species, Critical Habitat Areas as designated by the U.S. Fish and Wildlife Service, important habitat/wildlife linkages or areas of connectivity designated by County, state or federal agencies, and areas of Habitat Conservation Plans or Natural Community Conservation Plans that discourage or preclude development.

      10. Adequate provision has been made to maintain and promote native vegetation and avoid the proliferation of invasive weeds during and following construction. 11. The proposed commercial solar energy generation facility will be located so as to avoid or mitigate impacts to significant cultural and historic resources, as well as sacred landscapes.

      11. The proposed commercial solar energy generation facility will be designed in a manner that does not impede flood flows, avoids substantial modification of natural water courses, and will not result in erosion or substantially affect area water quality.

      12. The proposed commercial solar energy generation facility will not be located within a floodway designated by the Federal Emergency Management Agency (FEMA), has been evaluated for flood hazard impacts, and will not result in increased flood hazards to upstream or downstream properties.

      13. All on-site solar panels, switches, inverters, transformers, and substations shall be located at least one foot above the base flood elevation as shown on the Flood Insurance Rate Maps.

5. For development sites proposed on or adjacent to undeveloped alluvial fans, the commercial solar energy generation facility has been designed to avoid potential channel migration zones as demonstrated by a geomorphic assessment of the risk of existing channels migrating into the proposed development footprint, resulting in erosion impacts.

    16. For proposed facilities located on prime agricultural soils or land designated by the California Farmland Mapping and Monitoring Program as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, where use of the land for agricultural purposes is feasible, the proposed commercial solar energy generation facility will not substantially affect the agricultural viability of surrounding lands. 
   
    17. If the proposed site is subject to a Williamson Act contract, the proposed commercial solar energy generation facility is consistent with the principals of compatibility set forth in California Government Code Section 51238.1. 
   
    18. The proposed commercial solar energy generation facility will not preclude access to significant mineral resources. 
   
    19. The proposed commercial solar energy generation facility will avoid modification of scenic natural formations. 
   
    20. The proposed commercial solar energy generation facility will be designed, constructed, and operated so as to minimize dust generation, including provision of sufficient watering of excavated or graded soil during construction to prevent excessive dust. Watering will occur at a minimum of three (3) times daily on disturbed soil areas with active operations, unless dust is otherwise controlled by rainfall or use of a dust palliative, or other approved dust control measure. 
   
    21. All clearing, grading, earth moving, and excavation activities will cease during period of winds greater than 20 miles per hour (averaged over one hour), or when dust plumes of 20 percent or greater opacity impact public roads, occupied structures, or neighboring property, and in conformance with Air Quality Management District (AQMD) regulations. 
   
    22. For sites where the boundary of a new commercial solar energy generation facility will be located within one-quarter mile of a primary residential structure, an adequate wind barrier will be provided to reduce potentially blowing dust in the direction of the residence during construction and ongoing operation of the commercial solar energy generation facility. 
   
    23. Any unpaved roads and access ways will be treated and maintained with a dust palliative or graveled or treated by another approved dust control method to prevent excessive dust, and paving requirements will be applied pursuant to Chapter 83.09 of the Development Code. 
   
    24. On-site vehicle speed will be limited to 15 miles per hour. 
   
    25. On terms and in an amount acceptable to the Director, adequate surety is provided for reclamation of commercial solar energy generation facility sites should energy production cease for a continuous period of 180 days and/or if the site is abandoned. 
   

6. Solar Energy Development Standards.

7. Night Lighting. Outdoor lighting within a commercial solar energy generation facility shall comply with the provisions of Chapter 83.07 of this Development Code.

   2. Public Safety Services Impact Fees. The developer of an approved commercial solar energy generation facility shall pay a fee on an annual basis according to the following schedule:

   3. Special Use Permit. Prior to the start of construction, the developer of an approved commercial solar energy generation facility shall submit for review, and gain approval for, a Conditional Use Permit (CUP). Thereafter, the CUP shall be renewed annually subject to annual inspections and the payment of fees. The annual CUP inspections shall review and confirm continuing compliance with the performance standards included in the findings of fact and the listed conditions of approval, including all mitigation measures. This comprehensive compliance review shall include evaluation of the operation and maintenance of the entire commercial solar energy generation facility. Failure to comply shall cause enforcement actions against the operator and owner of the facility. Such actions may cause a hearing or an action that could result in revocation of the facility’s conditional use permit and imposition of additional sanctions and/or penalties.

   4. Project Notices. Notice of an application for approval of a commercial solar energy generation facility shall be provided to all property owners, whether located in a city or in the unincorporated area of the County, within the following parameters:

      1. Area to be Notified: Owners of property located within 1,000 feet of the external boundaries of the parcel of the proposed site, or owners of property located up to 20 separate parcels away but not to exceed one quarter mile (1,320 ft.), whichever is greater.

      2. Notification Timing. Notification shall be accomplished upon acceptance of a new Conditional Use Permit application or a Revision to an Approved Action application for a commercial solar energy generation facility, with additional notice of public hearings provided as required by law to property owners within the Area to be Notified cited above.

HISTORY

Amended by Ord. 663-AC on 10/24/2023 99.09.05 Telecommunications Towers

1. Telecommunications Tower on Residentially Zoned Lots. A telecommunication tower is prohibited on a residentially zoned lot unless either of the following applies:

   1. The residentially zoned lot is developed and used for nonresidential purposes; or

   2. The residentially zoned lot is owned by a governmental entity.

2. New Telecommunications Towers.

   1. Level of approval required.

      1. Director-level. A director-level site plan and design review is required for a new roof-mounted telecommunications facility that is no higher than twenty-five (25) feet higher than the highest point of the building to which it is attached, or a new monopole under fifty (50) feet, or a new monopole that replaces an existing monopole, does not exceed the height of the existing pole where it is located, and is located in the same or proximate location as the monopole being replaced.

of-mounted telecommunications facility that is no higher than twenty-five (25) feet higher than the highest point of the building to which it is attached, or a new monopole under fifty (50) feet, or a new monopole that replaces an existing monopole, does not exceed the height of the existing pole where it is located, and is located in the same or proximate location as the monopole being replaced.

  2. Commission-level. A conditional use permit is required for a new telecommunications tower that is not subject to director-level review. 

     1. Site Plan and Design Review. A new telecommunications tower is subject to site plan and design review approval at the same level as the conditional use permit. 

     2. Standards Applicable Only to Discretionary Projects. All wireless telecommunications comply with the following, except that small wireless telecommunications facilities which comply with the most recent version of the City’s wireless design standards, as approved by the City Council by resolution, after recommendation (for or against) by the Planning Commission, need not comply with the following: 

        1. Screening. The applicant shall employ screening, undergrounding and camouflage design techniques to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility’s visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. 

        2. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible. 

        3. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility. 

        4. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

aws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

        5. Security. Permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney’s office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument. 

        6. Noise. If a nearby property owner registers a noise complaint, the City shall forward the same to the permittee. Said compliant shall be reviewed and evaluated by the applicant. The permittee shall have 10 business days to file a written response regarding the complaint which shall include any applicable remedial measures. If the City determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the City may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this Section. The matter shall be reviewed by the Director. If the Director determines sound proofing or other sound attenuation measures are required to bring the project into compliance with the Code, the Director may impose conditions on the project to achieve said objective. 

7. Undergrounding. Accessory equipment shall be placed underground unless City staff determines that there is either no room in the public right-of-way for undergrounding or undergrounding is not feasible. If either exception applies, the accessory equipment may be placed above ground provided it is sufficiently concealed with natural or manmade features. When accessory equipment will be ground-mounted, such accessory equipment shall be enclosed within a structure that does not exceed a height of 5 feet, not exceed a footprint of 15 square feet, and shall be fully screened and/or camouflaged with landscaping and/or architectural treatment. Required electrical meter cabinets shall be screened and/or camouflaged.

8. Standards for all Facilities. The following requirements apply to all wireless telecommunications facilities.

   1. Antenna Placement. Antenna elements shall be flush mounted, if feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers.

9. Traffic Safety. Facilities shall be designed consistent with all applicable safety standards and shall be installed only in a location which does not violate pedestrian or traffic safety standards.

   3. Blending Methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures.

   4. Poles. Pole mounted equipment and enclosure, exclusive of antennas, shall not exceed total volume allowed by City’s design standards. Strand mounted equipment and enclosure shall not exceed 2 cubic feet in total volume.

   5. Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

   6. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or safety hazards to pedestrians and motorists.

   7. Public Facilities. A facility shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

   8. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.

   9. Accessory Equipment—Accessory Equipment—Location. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of street with no homes.

   10. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

   11. Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.

   12. Noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

10. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. For any discretionary permit, the Director may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

11. Permit Expiration. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.

12. Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

13. Permit Expiration. A condition setting forth the permit expiration date in accordance with subsection N shall be included in the conditions of approval. 17. Permit Transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument.

14. Property Rights. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a wireless telecommunications facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant’s facilities.

15. Liability. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

16. Repair Obligations. The permittee shall repair, at its sole cost and expense, any damage, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the City Engineer. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted the City Engineer shall cause such repair to be completed at permittee’s sole cost and expense.

17. Drip Line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way unless the facility is to be collocated on an existing facility in the drip line.

18. Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies meeting the City of Westminster’s insurance requirements for contractors to perform work with public right-ofway.

19. Indemnification. Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the City, and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and the project. Such indemnification shall include damages of any type, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys’ fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee’s expense.

ch claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee’s expense.

24. Hold Harmless. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney’s fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless telecommunications facility, or to any work done by or use of the public right-ofway by the permittee, owner or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers.

25. Cabinet Removal. Should the utility company servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation 90 days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.

y servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation 90 days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.

26. Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by: (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above ground facilities, including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency; (ii) any abandonment of any street, sidewalk or other public facility; (iii) any change of grade, alignment or width of any street, sidewalk or other public facility; or (iv) a determination by the Director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public’s use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within 90 days of notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee’s election, to either a pro rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public’s health and safety, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

27. Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the wireless telecommunications facility permit within 30 days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the City within said 30-day period.

28. Right-of-way Agreement. Prior to the issuance of any encroachment permit, permittee shall be required to enter into a right-of-way agreement with the City in accordance with the City’s past practice.

29. Conditions of Approval. In addition to compliance with the design and development standards outlined in this Section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law), as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director: As built drawings. The permittee shall submit an as built drawing within 90 days after installation of the facility. As-built drawings shall be in an electronic format acceptable to the City which can be linked to the City’s GIS.

    1. Contact Information. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

       1. Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

       2. The legal status of the owner of the wireless telecommunications facility.

    2. Assignment. The permittee shall notify the City in writing at least 90 days prior to any transfer or assignment of the permit. The written notice required in this Section must include: (i) the transferee’s legal name; (ii) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (iii) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The Director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: Federal, State and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the Director shall be a cause for the City to revoke the applicable permits.

ans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the Director shall be a cause for the City to revoke the applicable permits.

3. The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director for the purpose of: (i) protecting the public health, safety, and welfare; (ii) preventing interference with pedestrian and vehicular traffic; and/or (iii) preventing damage to the public right-of-way or any adjacent property. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

4. Findings. No discretionary permit shall be granted for a wireless telecommunications facility unless the approving party makes all of the following findings:

   1. All notices required for the proposed installation have been given.

   2. The proposed facility would comply with all applicable laws.

   3. The applicant has provided sufficient evidence supporting the applicant’s claim that it has the right to enter the public right-of-way pursuant to State or Federal law, or the applicant has entered into an agreement with the City permitting the applicant to use the public right-of-way.

   4. The applicant has demonstrated one of the following: (a) the design and location for the proposed installation will be minimally intrusive on the purposes of this Section 17.400.177; or (b) denial of the proposed facility would “effectively prohibit” the deployment of wireless facilities in violation of Federal law.

HISTORY

Adopted by Ord. 663-AC on 10/24/2023 99.10 Environmental Effect 99.10.01 Noise Control 99.10.02 Lighting

The following noise standards shall be met where applicable:

1. Residential Acoustical Design.

   1. For all dwellings and group quarters, the development shall be designed to achieve:

      1. Within each main building, a community noise equivalent level (CNEL) not exceeding forty-five (45) decibels.

      2. In outdoor areas, a community noise equivalent level (CNEL) not exceeding sixty-five (65) decibels, except that where it is not reasonably possible to achieve this objective, the development shall be designed to provide the lowest noise level reasonably possible within private open areas and/or common usable open areas of at least one hundred (100) square feet per unit, with access to such area available to the residents of each unit.

   2. Acoustical design and analysis shall be based upon the projected noise contours as shown in the noise element of the general plan. For all new residential developments, an acoustical analysis shall be submitted to the city as follows:

      1. For any residential development within a sixty (60) decibel CNEL contour, an analysis by a professional architect, engineer or building designer shall demonstrate that the required noise levels will be achieved.

      2. For any residential development within a sixty-five (65) decibel CNEL contour, an analysis by a professional mechanical or acoustical engineer shall demonstrate that the required noise levels will be achieved. Prior to issuing a certificate of occupancy, the building official may require tests by a qualified acoustical technician to confirm that the noise reduction achieved is sufficient to meet the requirements of this section.

      3. Public Address Systems. Any public address systems, loudspeakers and other sound-producing equipment shall be designed, installed and operated in a manner which is not disturbing to the surrounding area. (Ord. No. 568-AC)

All uses and activities shall be operated and maintained so as not to be hazardous, obnoxious or offensive due to illumination, glare, or similar effects detrimental to public health, safety and welfare. (Ord. No 568-AC)

99.11 Water Efficient Landscaping

99.11.01 Title

99.11.02 Purpose 99.11.03 Applicability 99.11.04 Definitions 99.11.05 Project Requirements - Streamlined Landscaped Method 99.11.06 Project Requirements - Water Budget Landscape Method 99.11.07 Other Project Requirements 99.11.08 Provisions For Existing Landscapes 99.11.09 Effective Precipitation 99.11.10 Reporting

(Ord. NO. 570-AC)

This division shall be known as the “Needles Water Efficient Landscape Ordinance,” and may be so cited.

99.11.02 Purpose

The State Legislature has found:

1. That the waters of the state are of limited supply and are subject to ever increasing demands;

2. That the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;

3. That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

5. That landscape design, installation, maintenance and management can and should be water efficient; and

6. That section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

1. Consistent with the Department of Water Resources’ State Model Water Efficient Landscape Ordinance, this Ordinance shall apply to all of the following landscape projects:

   1. New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;

   2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check, or design review;

   3. Existing landscapes shall be limited to Section 99.11.08;

   4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to sections 99.11.06(a)(1)(B); 99.11.07(B) and (C), and existing cemeteries are limited to Section 99.11.08.

2. Any new project shall utilize the requirements of the Water Efficient Landscape Ordinance.

   1. Projects with an aggregate landscape area less than 2,500 square feet may comply with the requirements of either the streamlined landscape method or the water budget landscape method.

   2. Projects with an aggregate landscape area in excess of 2,500 square feet shall comply with the water budget landscape method.

   3. All projects are required to comply with Section 99.11.07.

3. For projects using treated or untreated gray water or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated gray water or through stored rainwater captured on site is subject only to section 99.11.05(a)(4).

4. This ordinance does not apply to:

   1. Registered local, state or federal historical sites;

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

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

   4. Existing plant collections, as part of botanical gardens and arboretum open to the public.

The terms used in this ordinance have the meaning set forth below:

“Applied water” means the portion of water supplied by the irrigation system to the landscape.

“Automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

“Certificate of Completion” means the document required under section 99.11.030.080.

• “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

• “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

• “Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

• “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code section 1351.

• “Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

• “Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.

• “Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.

• “Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

• “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

• “Effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.

“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. “Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years of irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in section 99.11.030.050. “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plants factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. “Friable” means soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. “Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. “Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwater. See California Health and Safety Code section 17922.12. “Hardscapes” means any durable material (pervious and non-pervious). “Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). “Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program. “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiencies for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

ractices. The irrigation efficiencies for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

• “Irrigation water use analysis” means a review of water use data based on meter readings and billing data.

“Landscape architect” means a person who holds a license to practice landscape architecture in the California Business and Professions Code, section 5615.

“Landscape area” (LA) means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

“Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

“Landscape Documentation Package” means the documents required under section 99.11.030.040. “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under section 99.11.010.030. “Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. “Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service. “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet. “Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in section 14.127.030.040. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0 MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]. “Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. “Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. “Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. “New construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. “Non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas. “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors). “Overspray” means the irrigation water which is delivered beyond the target area. “Permit” means an authorizing document issued by local agencies for new construction or rehabilitation landscapes. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil. “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 00.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researches from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). “Project applicant” means the individual or entity submitting a Landscape Documentation Package required under section 99.11.030.040 to request a permit, plan check, or design review from the City of Needles. A project applicant may be the property owner or his or her designee. “Rain sensor” or “rain sensing shutoff device” means as component which automatically suspends an irrigation event when it rains. “Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. “Recreational area” means areas, excluding private single family residential areas designated for active play, recreation or public assembly, in parks, sports fields, picnic grounds, amphitheaters and or golf course tees, fairways, roughs, surrounds and greens. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. “Reference evapotranspiration” or “ETo” m

sports fields, picnic grounds, amphitheaters and or golf course tees, fairways, roughs, surrounds and greens. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. “Reference evapotranspiration” or “ETo” m

sports fields, picnic grounds, amphitheaters and or golf course tees, fairways, roughs, surrounds and greens. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Table 99.11.030.01, and is an estimate of the evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. “Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of section 99.11.010.030, and the modified landscaped area is equal to or greater than 2,500 square feet. “Residential landscape” means landscape surrounding single or multifamily homes. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. “Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay. “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, recreation areas, areas irrigated with recycled water, or water features using recycled water. “Sprinkler head” means a device which delivers water through a nozzle. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing. “Station” means an area served by one valve or by a set of valves that operation simultaneously. “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. “Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.

ering device to measure water applied to the landscape that is installed after the primary utility water meter. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.

“Valve” means a device used to control the flow of water in the irrigation system.

“Water conserving plant species” means a plant species identified as having a very low or low plant factor.

“Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high-water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

“Watering window” means the time of day irrigation is allowed.

“WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

99.11.05 Project Requirements - Streamlined Landscaped Method

Project area must be less than 2500 square feet to qualify . Requirements will be minimal and less costly then utilization of the “Water Budget Method”, as described in Section 99.11.06 Requirements of the Streamlined Landscape Method include utilization of plants included in the “Needles Approved Water Efficient Plant list”, Exhibit “A”, as well as plants identified in the reference book “Landscape Plants for the Arizona Desert – Guide to Growing More than 200 Low-Water-Use Plants”, as well as the reference guide “Low Water-Use Plants for California and the Southwest” by Carol Shuler; installation of turf is prohibited. These projects are exempt from the requirement of having a State of California professional authorized to design a landscape or an irrigation system sign-off; as well as lower permit fees.

1. New Construction or Rehabilitated Landscapes.

   1. Landscape Documentation Package for the streamlined process to include:

      1. Project information, including date, project applicant, project address, total square footage of landscape area, project type (new, rehabilitated, public, private, cemetery, homeowner-installe statement “I agree to comply with the requirements of the Streamlined Water Efficient Landscape Project requirements.”

   2. Landscape Design Plan.

      1. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

         1. Plant Material.

            1. Any plant from the Needles Approved Water Efficient Plant list turf is not allowed.

2. Fire-prone areas – landscape design plan shall address fire-safety and prevention. A defensible space or zone around a building or structure is required per California Publi

   3. Soil Preparation, Mulch and Amendments. Installation of compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches i tilling.

   4. Irrigation Design Plan. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. An irrigation d 1. System.

      1. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irriga

      2. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.

      3. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve_ shall be installed as close as possible to the point of connection of the water supply. 4. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 “Landscape Irrigation Sprinkl quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

3. Certificate of Completion. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, sample attached, certificate of installation signed by b

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99.11.06 Project Requirements - Water Budget Landscape Method

Projects will follow guidelines of the Governor’s Executive Order EO B-29-15, requiring project plans to be designed/approved by a person authorized by the State of California to design a landscape or an irrigation system. These projects require the calculation for the Maximum Applied Water Allowance (MAWA); the development of a hydrozone table to calculate the Estimated Total Water Use (ETWU) does not exceed the Maximum Applied Water Allowance (MAWA). It requires more attention to the design of the irrigation system assuming a wider range of plant factors will be part of each hydrozone. New Construction or Rehabilitated Landscapes.

Landscape Documentation Package for the water budget landscape method to include:

1. Project information, including date, project applicant, project address, total square footage of landscape area, project type (new, rehabilitated, public, private, cemetery, homeowner-installed), water supply type (potable, recycled, well); project contacts (project applicant and property owner, if applicable).

2. Water Efficient Landscape Worksheet with water budget calculations.

3. A project applicant shall complete the Water Efficient Landscape Worksheet in Figure 99.11.05(b), which contains information on the plant factor (pf), irrigation method, irrigation efficiency and area associated with each hydrozone.

Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected.

The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo value of 92.1, found in the Reference Evapotranspiration Table 99.11.04(b)-1. ( Tables 99.11.06(b)(1) & 99.11.06(b)(2) )

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2. Water budget calculations shall adhere to the following requirements:

   1. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 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.

   3. All Special Landscape Areas shall be identified, and the water use calculated as shown in Figure 99.11.06(b)(2).

   4. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

Landscape Design Plan.

1. The landscape design plan, at a minimum, shall:

   1. Delineate and label each hydrozone by number, letter, or other method;

   2. Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

   3. Identify recreational areas (for uses other than single family residential, if any);

   4. Identify areas permanently and solely dedicated to edible plants (if any);

   5. Identify areas irrigated with recycled water (if any);

   6. Identify type of mulch and application depth;

   7. Identify soil amendments, type, and quantity;

   8. Identify type and surface area of water features (if any);

   9. Identify hardscapes (pervious and non-pervious, if any);

2. Bear the signatures of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6,6701, 7027.5 of the California Business and Professions Code, section 832.27 of Title16 of the California Code of Regulations, and section 6721 of the California Food and Agriculture Code.)

3. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

   1. Plant Material.

      1. Any plant may be selected for the landscape providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance and the selection complies with any other adopted landscaping requirements.

      2. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in section 99.11.06(a)(1)(C)(ii)(1)(d). 3. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

         1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

         2. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and

         3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

      3. Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent).

      4. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

      5. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per California Public Resources Code section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.

      6. The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

      7. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

   2. Water Features.

      1. Recirculating water systems shall be used for water features.

4. Where available, recycled water shall be used as a source for decorative water features.

   3. Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.

   4. Pool and spa covers are highly recommended.

   5. Soil Preparation, Mulch and Amendments.

      1. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. 2. Soil amendments shall be incorporated according to recommendations of any soil report prepared and what is appropriate for the plants selected.

      2. For landscape installations, compost at a rate of minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater that 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.

      3. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch Designated insect habitat must be included in the landscape design plan as much.

      4. Stabilizing mulching products shall be used on slopes that meet current engineering standards.

      5. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

   6. Irrigation Design Plan.

      1. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations.

         1. The irrigation design plan, at a minimum, shall contain:

            1. Location and size of separate water meters for landscape;

            2. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves , sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

            3. Static water pressure at the point of connection to the public water supply;

   7. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

   8. Recycled water irrigation systems as specified in section 99.11.07(d); and

   9. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, section 832.27 of Title 16 of the California Code of Regulations, and section 6721 of the California Food and Agricultural Code.)

5. System.

6. Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which California Water Code section 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:

   1. a customer service meter dedicated to landscape use provided by the local water purveyor; or

   2. a privately owned meter or submeter.

   3. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.

   4. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

   5. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.

   6. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

   7. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, hardscapes, roadways, or structures.

   8. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

   9. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

   10. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in section 99.11.06(A)(1)(b) regarding the Maximum Applied Water Allowance.

   11. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

   12. It is highly recommended that the project applicant or City of Needles inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

   13. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

7. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations. 14. Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

8. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. 16. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

9. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. 18. Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray 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:

  1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or 

  2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or 

3. The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in section 99.11.030.070(A)(1)(f). Prevention of overspray and runoff must be confirmed during the irrigation audit.

4. Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

5. Hydrozone.

   1. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. 2. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

   2. Where feasible, trees shall be placed on separate valve from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

   3. Individual hydrozones that mix plants of moderate and low water use, or moderate and high-water use, may be allowed if:

      1. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

      2. The plant factor of the higher water using plant is used for calculations.

   4. Individual hydrozones that mix high and low water use plants shall not be permitted.

6. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use the valve number in the Hydrozone Information Table (see Figure 99.11.06(b) (2). This table can also assist with the irrigation audit and programming the controller.

7. Certificate of Completion.

   1. The Certificate of Completion (see Figure 99.11.030-2 for a sample certificate) shall include the following six (6) elements: 1. Project information sheet that contains:

8. Date:

   2. Project name;

   3. Project applicant name, telephone, and mailing address;

   4. Project address and location, and

   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; 1. Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;

      2. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

   7. Irrigation scheduling parameters used to set the controller (see section 99.11.030.090);

   8. Landscape and irrigation maintenance schedule (see section 99.11.030.100); and

   9. Irrigation audit report (see section 99.11.030.110).

9. The project applicant shall:

   1. Submit the signed Certificate of Completion to the City Manger or his/her designee for review;

   2. Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor if other than the City of Needles and property owner or his or her designee.

10. The City Manager or his/her designee shall:

    1. Receive the signed Certificate of Completion from the project applicant;

    2. Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the City Manager or his/her designee shall provide information to the project applicant regarding reapplication, appeal, or other assistance. (PENDING Figure 99.11.030-2 & Water Budget Method)

99.11.07 Other Project Requirements

1. Irrigation Scheduling. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

   1. Irrigation scheduling shall be regulated by automatic irrigation controllers.

   2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

2. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

   4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:

      1. The plant establishment period;

3. The established landscape; and

4. Temporarily irrigated areas.

5. Each irrigation schedule shall consider for each station all of the following that apply:

   1. Irrigation interval (days between irrigation);

   2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);

   3. Number of cycle starts required for each irrigation event to avoid runoff;

   4. Amount of applied water scheduled to be applied on a monthly basis;

   5. Application rate setting;

   6. Root depth setting;

   7. Plant type setting;

   8. Soil type;

   9. Slope factor setting;

   10. Shade factor setting; and

   11. Irrigation uniformity or efficiency setting.

6. Landscape and Irrigation Maintenance Schedule.

   1. Landscape shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

   2. A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

   3. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

   4. A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

7. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

8. All landscape irrigation audits shall be conducted by a third-party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. 2. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. 3. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in section 99.11.03:

conducted by the person who designed the landscape or installed the landscape. 2. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. 3. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in section 99.11.03:

1. The project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tuneup, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

2. The City of Needles shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.

3. Irrigation Efficiency. For the purpose of determining Estimate Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. 5. Recycled Water. 1. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water. 2. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. 3. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

4. Graywater Systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) an any standards adopted by the City of Needles. Refer to section 99.11.03 for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.

5. Stormwater Management and Rainwater Retention. 1. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

6. Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. 3. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to section 99.11.06(A)(2)(c)(2)(c). 4. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85 percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

7. It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use: 1. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

   2. Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

   3. Incorporated pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

   4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

   5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

8. Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil. 7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 8. Public Education. 1. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principals of design, installation, management and maintenance that save water is encouraged in the community. The City of Needles shall provide information to owners of permitted renovations and new single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget. 2. Model Homes. All model homes shall be landscaped and use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. 1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and other that contribute to the overall water efficient theme. Signage shall include information about the site water use; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

     2. Information shall be provided about designing, installing, managing, maintaining water efficient landscapes 
   

9. Environmental Review. The City of Needles must comply with the California Environmental Quality Act (CEQA), as appropriate.

99.11.08 Provisions For Existing Landscapes

1. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

   1. This section, 99.11.08, shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size. 1. For all landscapes in 99.11.08(a)(1) that have a water meter, the City of Needles shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).

   2. For all landscape in 99.11.08(a)(1) that do not have a meter, the City of Needles shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

   3. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

99.11.09 Effective Precipitation

The City of Needles may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:

MAWA=(ETo-Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas, MAWA=(ETo-Eppt)(0.62)[(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

99.11.10 Reporting

The City Manager of his/her designee shall report to the California Department of Water Resources by December 31, 2015, and by January 31 of each year thereafter pursuant to the requirements of California Code of Regulations Title 23, Division 2, Chapter 2.7, section 495.

Article X Signage

104.17.1 Legal Provisions 104.17.2 Definitions 104.17.3 Permits

104.17.4 Prohibited Signage 104.17.5 General Provisions 104.17.6 Specific Provisions

HISTORY Amended by Ord. 236-AC on 6/3/1985 Amended by Ord. 287-AC on 6/16/1987 Amended by Ord. 427-AC on 3/4/1996 Amended by Ord. 444-AC on 9/22/1998

Amended by Ord. 461-AC on 1/14/2003 Repealed & Replaced by Ord. 477-AC on 9/27/2005 Amended by Ord. 527-AC on 6/14/2011 Amended by Ord. 536-AC on 3/13/2012 Amended by Ord. 566-AC on 11/12/2014 Amended by Ord. 591-AC on 4/11/2017 Amended by Ord. 633-AC on 2/9/2021 Amended by Ord. 639-AC on 6/22/2021 104.17.1 Legal Provisions

• A. STATEMENT OF INTENT Aesthetically pleasing signage improves the visual appearance of a community for visitors, residents, and persons engaged in commercial activities. The purpose of this Article is to assist in the aesthetic improvement on the City of Needles, enhance business opportunities and improve the impression of the City's quality and character. In addition to improving the appearance of the City's commercial district and other visible areas of the City, the City seeks, with this Article, to promote public safety and reduce hazards to motorists and pedestrians. Within this Article is the City's goal to foster and encourage business in the city and encourage sound and aesthetic sign use practices with the establishment of these non arbitrary and non-discriminatory standards and procedures for the regulation of signs. This Article is intended to allow for signage that will properly and effectively identify businesses, organizations, institutional establishments and enterprises within the city and result in an increase in property values within the city. It is intended that this Article will also provide a means for the elimination of signs that are abandoned or no longer in use, and a requirement for maintenance of existing signs that remain in use. The Article provides for a reasonable, timely and economically feasible transition without undue financial burden on the city or its citizens. B. SCOPE The provisions of this Article shall govern any words, letters, figures, emblems, designs, or other method of display on any material for visual communication which is used to advertise or to promote the interest of any person, business, group or enterprise and includes on-premises and off-premises devices as well as accessory or secondary advertising devices. C. SUBSTITUTION Non-commercial messages may be substituted for commercial messages on any allowable sign. Sign copy of any permitted or exempted sign may be changed without the requirement of any new permits or authorizations provided the manner in which it is presented is not a prohibited manner (i.e. changed from normal painted sign copy to a flashing or running message) or changing from an exempted sign to a non-exempted sign. D. SEVERABILITY Should any provision, section, paragraph, sentence, or word of this Article be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Article shall remain in full force and effect.

• E. CONFLICTING REGULATIONS In the event of any conflict between the requirements of this Article and/or the requirements of other regulations or ordinances, the more restrictive shall apply. F. SPECIFIC OVER GENERAL TERMS General terms shall govern all aspects of this Article except where specific provisions state a contrary intent. In that event, the specific provisions shall govern over the issue discussed in the more specific provision. G. LEGAL NON-CONFORMING SIGNS

f this Article and/or the requirements of other regulations or ordinances, the more restrictive shall apply. F. SPECIFIC OVER GENERAL TERMS General terms shall govern all aspects of this Article except where specific provisions state a contrary intent. In that event, the specific provisions shall govern over the issue discussed in the more specific provision. G. LEGAL NON-CONFORMING SIGNS

1. Expansion. Legal non-conforming signs may not be expanded, moved or structurally altered to extend their useful life.

2. Re-establishment. Legal non-conforming signs may not be re-established after abandonment, removal, or after damage or destruction of more than 50% of their replacement cost. Replacement cost will be determined by the Building Official, based on the cost of replacing the sign with a professionally made sign of a similar type (and without regard to whether such replacement could actually occur). This paragraph is not intended to relieve the owner of a non-conforming sign from properly maintaining a sign in a like new condition.

3. Removal Requirement. Legal non-conforming signs must be removed within thirty (30) days of notice by the city that the sign or signs have suffered damage or been destroyed more than 50% and may not be re-established. Any sign not so removed shall be deemed a public nuisance and shall be subject to the enforcement procedures set forth in 104.17.1 (I) of this chapter

H. APPEALS

1. Authority. Decisions of the Planning Director regarding matters contained in this chapter are final unless appealed to the Planning Commission. Decisions of the Planning Commission are final unless appealed to the City Council. City Council decisions regarding such appeal shall be final unless a judicial appeal is filed in a Court of competent jurisdiction within thirty (30) days from the final decision of the City Council. 2. Appeal process. Request for appeal shall be filed in writing with the City Clerk within ten (10) days of the decision or the applicant loses their right to appeal such decision. All appeals will be heard within thirty (30) days and a decision rendered within fifteen (15) days of the date of the hearing or sooner. The filing of a Notice of Appeal will delay further action on the decision unless found to be a danger to health and safety.

I. ENFORCEMENT

1. General Provision. Any person, firm, corporation or entity found to be in violation of any provisions of this chapter, or found to have caused, assisted in, or permitted any such violation, shall be guilty of an infraction. A separate offense or violation of this chapter shall be deemed to have occurred for each day, or portion thereof, during which any violation of any provision of this chapter is committed, continued or permitted by such person, firm, corporation or entity. 2. Public Nuisance and Abatement. Any sign installed or maintained contrary to the provisions of this chapter is deemed to be a public nuisance. Any sign deemed to be a public nuisance may be abated in accordance with the abatement procedures established in the City of Needles Municipal Code. Any sign found to be a danger to health and safety may be summarily abated without notice.

104.17.2 Definitions

Abandoned Sign - means a sign pertaining to a past event, a sign located on a parcel of land or on a structure, either of which is vacant for a period of ninety (90) days, and a sign pertaining to a past occupant or business different from the present occupant or business on the premises. A-Frame Sign - any portable and/or temporary freestanding sign (not necessarily in the shape of an "A"). Accessory Signs - a sigri which is not intended to identify or advertise a specific business or institution, but instead is intended to advertise or identify a commodity or service offered by a business located on the same property as the sign. Activity - a business establishment under management separate from any other business establishment on the same site. Advertising Statuary - means and is an imitation, representation or similitude of a person or thing which is sculptured, molded, modeled or cast in solid or plastic substance, material or fabric and used for commercial advertising purposes. Alteration - means and is any change of copy, color, size, shape, illumination, position, location, construction or supporting structure. Animated Sign - means and is a sign designed to attract attention through movement or the semblance of movement of the whole or part, including but not limited to, signs which swing, twirl, move back and forth or up and down or signs which change color or shades of color, or any other method or device which suggests movement, but not including flags, banners and time and temperature signs. Banner - any cloth, bunting, plastic, paper, vinyl or similar material attached on all four corners to any structure, pole, or framing for the purpose of advertising or drawing attention to a business, product, institution, or service for special events, or more durable banners may be used as part of regular signage. Billboard - an offsite sign that is erected in the conduct of the outdoor advertising business (i.e., billboards). This includes any signs erected by the property owners for the purpose of renting or leasing space for advertising to any business, entity or product that is located off the premises of the sign. This also includes the lease of real property to any other business, person or entity for the purpose of erecting an Outdoor Advertising Sign (also "outdoor advertising sign"). Building Frontage - the lineal measurement of the actual building foundation, or portion of the building being used for the business (exclusive of patios or accessory structures as defined by the Uniform Building Code) on the side or sides of a building adjacent to a street right-of-way or along the main entrance when the building is not adjacent to a street right-of-way. Business Complex - three (3) or more business entities located on one parcel or on contiguous adjoining parcels, or at least 1.5 acres, which have been deemed by the Planning Commission to be a business complex for purposes of signage. Business Complex Occupant Sign - signs for individual occupants of a business complex. Business Complex Sign - an onsite freestanding or monument sign utilized in conjunction with a recognized business complex that advertises for all occupants of said complex.

arcels, or at least 1.5 acres, which have been deemed by the Planning Commission to be a business complex for purposes of signage. Business Complex Occupant Sign - signs for individual occupants of a business complex. Business Complex Sign - an onsite freestanding or monument sign utilized in conjunction with a recognized business complex that advertises for all occupants of said complex.

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Business Directory Sign - means and is a sign placed in the public right-of-way by the City and owned by the City and built to City specifications. Such signs are placed at road intersections approved by the Planning Commission to point the direction to businesses that have applied for and received an approved permit for placement on a City owned sign structure. Clear Sight Triangle - triangularshaped portion of land, as shown below, established at a street intersection or driveway in which no signs are placed in a manner that could limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway.

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Commercial Sign - any device, display, fixture, structure, or object used to identify, advertise, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images for the purpose of obtaining financial remuneration. Double-Faced Sign - a sign which is a single structure designed with the intent that each side be viewed from opposite directions. Fence Sign - a sign which is affixed to a fence. Freestanding Sign - a sign, other than a monument sign, not attached to any building and supported by nothing other than its own construction. Illegal Non-Conforming Sign - a sign that was erected without complying with the requirements of the local sign ordinance at the time it was erected or failed to comply with permit renewal requirements after the sign was erected. Legal Non-Conforming Sign - a sign that conformed to all applicable regulations/ permit requirements when established at its present location and continued to renew any necessary permits required under the regulations existing when the sign was established, but does not conform to the regulations/ permit requirements of this chapter. Monument Sign - a single or double-faced sign that is designed and constructed as part of, and placed onto, a monument base.

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Multi-Faced Sign - a sign which is a single structure designed with the intent that each side be viewed from different directions. Non-Commercial Sign - any device, display, fixture, structure, or object used to identify, display, direct or attract attention to an object, person, organization, idea, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images for the purpose of imparting or sharing an idea or opinion. Offsite Sign - a sign that is used to identify or advertise a business, institution, service, product, event or activity located on a parcel other than that upon which the sign is located. Outdoor Advertising Sign - an offsite sign that is erected in the conduct of the outdoor advertising business (i.e. billboards). This includes any signs erected by the property owner(s) or others with permission of the owner(s) for the purpose of renting or leasing space for advertising any business, entity or product that is located off the premises where the sign is located. This also includes the lease of real property to any other business, person or entity for the purpose of erecting an outdoor advertising sign (also see "billboard"). Painted Wall Sign - a sign that is painted onto a building surface for the purpose of advertising any business, service, entity or product that is offered within the same building. An artistic mural that does not and is not intended to advertise, identify or promote a business, product or service is not a painted wall sign. Pedestrian Walkway Sign - a sign hung from or on a canopy, awning or like structure in such a manner as to hang over or adjacent to a pedestrian walkway and oriented so as to direct a message to pedestrian traffic.

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Pennant / Streamer - any series of cloth, bunting, plastic, paper, or vinyl flags or balloons or similar material attached to a line or rope and displayed for the purpose of advertising or drawing attention to a business product, institution, or service. Any similar advertising device that does not fit this definition may be interpreted as a banner. Primary Sign - a sign intended to identify or advertise a specific business or institution located on the same property as the sign, rather than one or more products or services offered. Primary Wall Sign - a wall sign intended to identify or advertise a specific business or institution located on the same property as the wall sign. Projecting Sign - single or double-faced signs attached to a building which extends in a perpendicular plane from the wall to which they are attached.

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Real Estate Development - a real estate development includes any new commercial, business park or residential development consisting of at least fifteen new units that is offering said units for sale. Roof Line - a "roof line" is the highest point of a roof on any building. In cases where different portions of a building or structure have varying roof heights, each section has different roof lines. Architectural projections above the roof are not considered part of a "roof line". Roof Sign - a sign affixed to the roof of a building or structure.

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Sign - any device, display, fixture, structure, or object used to identify, advertise, display, direct or attract attention to an object, person, institution, organization, business, product, idea, service, event, or location by means of pictures, words, figures, designs, symbols, fixtures, colors, illumination, or projected images. Artistic murals that do not include a commercial message on the same wall or an adjoining wall, are not considered signs. Sign Area - the area of the smallest rectangle enclosing all advertising or ornamental elements of a sign. The sign base or supports are not included in calculating sign area unless they form an integral part of the design of the sign. The base of a monument sign is not considered in calculating the sign area.

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Sign Height - in the case of a freestanding or monument sign, sign height shall be the distance from the base of the sign at the grade of the center of the street (or freeway if approved as a freeway-oriented business pursuant to Section 104.17.5 (E)(1)(b) nearest to the location of the sign to the top of the highest component of the sign. For all other signs, sign height shall be the distance from the lowest point of the Sign to the highest point of the sign, or any component thereof.

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Special Event Sign - a banner, pennants, commercial flag, streamers, balloons, A frame sign or other similar allowable object, placed for a period of time and for a purpose as permitted under this Article. Temporary Sign - a sign placed for a period of time not to exceed seventy two (72) hours in any zone and not more than four times in any calendar year. Wall Sign - a sign affixed to an exterior wall of a building .

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Window Sign - a sign painted onto, affixed to, or placed in or in front of a window so as to convey a message to persons outside the building.

104.17.3 Permits

A. Permit Requirement. The purpose of a sign permit is to insure compliance with the provisions of this Article. Unless specifically excluded by the Article, a sign permit is required to erect, construct or otherwise place any sign conveying a message for a commercial, industrial, private or institutional use, service or product. Any sign to be altered or relocated requires a new sign permit and, where the Building Official deems it appropriate, a building permit. A sign permit shall not be issued for any sign or sign structure that is not in compliance with this Article. A sign permit shall not be issued to any applicant whose other signs are in violation of this Article. A sign permit application shall include:

1. The names, addresses and telephone numbers of the applicant and property owner. 2. The address and accurate description or drawing of the precise location of the proposed sign and any existing sign structures or other conditions located on the premises. 3. A drawing or photograph of the sign with the intended measurements and height. 4. A visual description of the colors to be used. 5. The Planning Director may request additional drawings, diagrams, calculations or specifications if the original documents submitted are insufficient to clearly understand the request, or the sign is of a size and height that engineering specifications are needed to determine building and safety issues.

B. Sign Permit Method of Review. Following submittal of the completed sign permit application, the Planning Director, or his/her authorized representative, shall render a decision to approve, conditionally approve, or deny the permit based upon conformance with this Article, or shall place the matter on the Planning Commission agenda if required. C. Expiration. A sign permit shall become void if the work authorized under the properly-approved sign permit has not been completed within six (6) months after the date of its issuance. If, after six (6) months from the date of issuance of a sign permit, any portion of the sign has been erected and the construction work thereon is not completed, the Planning Director shall cause the removal of such partially completed sign. D. Permit Fees. Sign permit applications shall be accompanied by a one time permit fee as set by the City Council by resolution from time to time. Fees shall be waived for temporary signs and signs permitted for non-profit charitable institutions or associations. E. Payment of City Expenses. To obtain a permit for any sign established without proper permits for a sign that meets the requirements of this Article, the business owner or the person responsible for such permit shall pay any and all costs expended by the City to enforce this or any prior section as well as any permit fees that are due.. F. Exempt Signs. A sign permit is not required for the following signs:

Expenses.** To obtain a permit for any sign established without proper permits for a sign that meets the requirements of this Article, the business owner or the person responsible for such permit shall pay any and all costs expended by the City to enforce this or any prior section as well as any permit fees that are due.. F. Exempt Signs. A sign permit is not required for the following signs:

1. Three flags per parcel not larger than fifteen (15) square feet nor taller than twenty (20) feet. 2. Traffic or highway sign or similar warning devices. 3. Legal notices of the minimum size allowed. 4. Utility company signs identifying conduits, cables, danger or other similar notices. 5. One sign per parcel in any zone not larger than six (6) square feet and no taller than four feet (4'). 6. Memorial tablets or historic markers. 7. Since window signage is usually changed often, no permit is needed for window signage. 8. One City owned sign at each main entrance to the City placed in the City right of-way or other public property upon which the City shall allow insignia or service club logos for non-profit organizations that operate within the City for community and/or charitable purposes. 9. One on-site sign, not to exceed six feet in height, erected by a building contractor, subcontractor, architect or engineer while actually engaged in construction of a building. In commercial or industrial zones, up to thirty-two (32) square feet in area may be displayed. In a residential zone, up to sixteen (16) square feet may be displayed. Such signs shall be removed immediately after the completion of the project. 10. On-site non-commercial informational or directional signs, including "No Trespassing" and "No Dumping" signs, up to four square feet in area and less than four feet in height. Two such signs may be displayed on parcels under one acre, four on parcels having 3 acres or more, eight on parcels having an acreage of more than 15 acres. 11. Up to four (4) temporary signs not over four (4) square feet in size may be placed without a permit up to four (4) times per year for any address. Temporary signs may be placed for a maximum of seventy-two (72) hours on private property.

104.17.4 Prohibited Signage

The following signs are prohibited and may be deemed a public nuisance and are subject to the enforcement procedures set forth in Section 104.17.1(I):

A. Portable signs. Except for A-frame signs and signs placed with a special event signage permit, movable or portable signs, including, but not limited to signs attached to or painted onto trailers or vehicles or parts thereof for the purpose of advertising a product, institution or business; except, however, permanent identification and/or magnetic signs on vehicles used for making delivery or sales of merchandise or rendering service of the advertised business or product.

B. Signs that make noise. Signs that make sounds (excluding signs with speakers for communication with customers at businesses offering a drive-through service).

• C. Signs that move, gyrate, flash or rotate. Except for permitted flags or signs placed for a special event that move with the wind, no signs are permitted that move, gyrate, flash, or rotate.

• D. Signs with obscene content. Signs that show any statement or symbol of an obscene or unlawful nature or depict specified sexual activities or specified anatomical parts.

• E. Signs with neon lighting on support structures. Signs, whether commercial or noncommercial in nature, that have neon lighting on their support structures. F. Placed on prohibited locations. Commercial or noncommercial signs placed, mounted or erected in the public right-of-way or on trees, utility poles, traffic signs or other public property without permission of the public entity.

• G. Signs placed without permission. Whether commercial or noncommercial in nature, placed without permission of the property owner or tenant.

• H. Unsafe signs. Any unsafe sign as described in Section 104.17.5 (G). I. Non-current signs. Signs that display commercial messages for a business that has ceased operations for ninety (90) days or more. J. Abandoned signs. Signs, excluding on-premise signs, which do not conform to the provisions of this Article which have not been used for 180 days or more and which were placed for a business which has been discontinued 180 days or more.

• K. Intensely lighted signs. Any illuminated sign of such an intensity or arranged in a manner that creates glare for adjacent properties or vehicular traffic is prohibited.

• L. Signs interfering with access. Any sign which, because of its location, would prevent free ingress or egress from any door, window, fire escape, driveway, sidewalk or bike path, or obstruct an outward view from the living area of any building is prohibited. M. Signs on public property. Placards, posters, announcements and similar signs attached to any fence, pole, tree or any other object on publicly-owned land or right of-way except those of an official nature authorized by a city ordinance are prohibited.

• N. All onsite signage or advertisements for a "Retail Cannabis Business" as defined in Section 12A- 2(UU} of the City of Needles Municipal Code other than onsite signage or advertisements expressly permitted by state law, including but not limited to signage permitted under 16 CCR§ 5040 (b}(l}, which states in part:

  • "(b) In addition to the requirements for advertising and marketing in subsection (a) of this section, all outdoor signs, including billboards, shall:

    • {1} Be affixed to a building or permanent structure."

104.17.5 General Provisions

• A. Maintenance: Every sign and sign structure allowed by this section shall be continuously maintained. This shall include, but is not limited to, painting, cleaning, replacement of lighting (for

• illuminated signs) or missing letters, keeping structural elements and bracing in a safe condition, and internal structural elements screened from view. Signs shall have the face(s) intact (without holes or other exterior damage).

1. Every sign and/or sign structure advertising a use no longer being conducted on the property for a continuous period of 90 days or more shall be removed, replaced with an opaque panel or painted over in a solid color.

   • a. Failure to Maintain Sign: Failure to maintain a sign pursuant to Section 104.17.S(A) shall result in a Notice of Violation by the City. Failure to correct the violation(s) shall result in an Administrative Citation pursuant to Chapter 2A, and abatement and/or removal of the sign pursuant to Section 104.17.1(1)(2).

• B. Professional Appearance. Signs shall have the appearance of being professionally prepared and shall be maintained in a like new condition at all times.

• C. Lighting. Except for time and temperature components, signs may only be lit by stationary shielded light, by light inside the sign, or by direct neon lighting. The glare from such luminous sources shall not impair the vision or otherwise interfere with any driver of a motor vehicle or shine onto adjoining properties.

• D. Maximum Sign Area. Except as otherwise stated herein under specific provisions, the maximum sign area shall be as follows:

  1. Generally: Unless additional square footage is allotted for river frontage businesses or rear entrance signs, the total amount of signage for all signs located at any business location shall not exceed two (2) square feet per linear foot of frontage. 2. Single Signs: The maximum area of any single sign shall not exceed 200 square feet, except a maximum of 250 square feet may be granted by the Planning Commission only after the following specific findings are made individually:

  - a. Based upon evidence shown through photo-simulations or similar evidence, the Planning Commission finds that a larger sign is necessary to impart a message in a reasonable manner, and b. The larger sign is found to be in scale and proportion to the building to which it is associated, and c. The larger sign will not create an unfair advantage to one business over another, and d. The larger sign will be consistent with the size of signs in the immediate surrounding area, and e. The larger sign will be presented in a manner that will enhance, rather than defeat, the purpose of this ordinance. 
  

  3. Maximum Sign Area for Permanently Mounted Accessory Signs. The maximum area shall not exceed sixteen (16) square feet unless the building footprint is at least 20,000 square feet or larger. In that event, no accessory sign may exceed 32 square feet. All such signage shall be counted toward the maximum allowable signage for the business.

4. Maximum Sign Area of Signs with Time and Temperature Displays: Notwithstanding anything contained in this Chapter to the contrary, the maximum sign area allowed for any sign that includes an automatic time and/or temperature display may be increased by up to 20% for the sole purpose of the time and temperature display, provided however that the area of the time and temperature may not be larger than twenty five (25) square feet and the total sign area may not exceed that permitted under Section (C) above. Time and temperature displays may be approved if there is at least 2,000 feet between any such signs.

5. Maximum Area of Changeable Lettering: Changeable lettering may not be used as the main sign to identify a business, however a portion of the main business identification sign, or a separate sign not exceeding 25% of the main sign or 50 square feet, whichever is less, may be permitted for changeable lettering if it is contained within a sleeve to prevent the wind from blowing off the letters. Changeable lettering permitted shall not include ele_ctronic messages that blink, flash, move, run or change more often than once per day. All signs containing changeable letters must be signs that are permanently mounted to a pole or wall or be a permanent monument sign. No movable or temporary signage with changeable lettering is permitted.

6. Allowable Sign Area for Individual Business.

a. An individual business with a combined street frontage of less than forty (40) feet (business not in a business complex) may have a maximum of 80 square feet. b. For businesses with more than forty (40) foot combined street frontage, the combined allowable sign area for all such primary signs and accessory signs shall be two (2) square feet for each lineal foot of combined street frontage. c. In addition to the maximum number and area of primary signs set forth above, an individual business with rear parking and rear entrance shall be permitted to have one additional primary sign to be mounted to the rear wall of the business, located on parcels with a sign area not to exceed 1 square foot for each lineal foot of the rear frontage of the wall to which the sign is mounted. d. Businesses.on parcels with river frontage that have received an approved conditional use permit for their presence in the CRR Zone or are a prior legal non-conforming use shall be allowed additional combined riverfront signage not to exceed 1 square foot of signage to be shared by all businesses located on the same parcel for each lineal foot of river frontage. Signs may list products or services available at the business on that site. The size shall be a minimum of sixteen (16) square feet and a maximum of two hundred (200) square feet. If there is more than one business located on one parcel, all businesses must share the allowable square footage. River complex signs where all businesses located on the parcel share one sign are encouraged.

r frontage. Signs may list products or services available at the business on that site. The size shall be a minimum of sixteen (16) square feet and a maximum of two hundred (200) square feet. If there is more than one business located on one parcel, all businesses must share the allowable square footage. River complex signs where all businesses located on the parcel share one sign are encouraged.

  **7. Excluded in Calculating Sign Area.** All signs located on any parcel of land shall be included in the calculation of total signage area, excepting the following signs, which shall not be included in calculating allowable sign area and quantity: 

     - a. Drive-through service boards. No more than two (2) sign-boards not exceeding thirty (30) square feet for any business location placed adjacent to a drive-through lane and oriented toward customers utilizing the drive through. 

     - b. Parking/other directional signs. Signs in a non-residential zone, with a sign area up to four (4) square feet each, specifically for the purpose of directing motorists to parking/other areas. c. Sports/recreation fields. Signs located on publicly owned sports or recreation fields for the purpose of identifying sponsoring businesses, providing all such signs shall be directed toward the spectators of the sport and not directed toward traffic. d. Interior courtyard signs. Signs on private property not open to the general public that are located inside a building, courtyard or mall that are not visible from a public street or right-of-way or from adjacent properties. e. Street address. Numbers and/or letters on a structure for the purposes of identifying a street address, up to a maximum of four (4) square feet. f. Signs placed during construction. One (1) sign, up to thirty-two (32) square feet in sign area, not exceeding an overall structure height of eight (8) feet, on a parcel for which construction of a commercial, industrial, residential or institutional project is imminent. Such sign shall be allowed for up to 180 days or during such time as a building permit remains active, whichever is longer, and shall be removed prior to occupancy of the project. 

• E. Maximum Height: Except as otherwise allowed in this Article under specific provisions, the maximum height of signage shall be as follows:

  1. Freeway Oriented Business: Entities that meet the criteria as a freeway oriented business:

a. May request a sign up to seventy five feet (85'). b. Must meet at least one of the following requirements:

(i) Have at least one hundred seventy-five (175) linear feet of freeway frontage; or (ii) The parcel must be located on a freeway frontage containing at least three (3) acres; or (iii) The parcel must have principal structures consisting of a collective total of not less than twenty thousand (20,000) square feet in freeway oriented area within five hundred feet (500') of the freeway; or (iv) The applicant can demonstrate that entity is within five hundred feet (500') of the freeway, is dependent upon freeway traffic for business, and that said sign will not create adverse impacts on surrounding land uses.

2. General Businesses:

a. Unless qualified as a freeway oriented business, the maximum height permitted for any sign is thirty-five feet (35') above the grade of the street. b. For any monument sign, the maximum height is eight feet (8') above grade. c. For any river-front sign, the maximum height is forty feet (40') above the high water mark of the river or twenty feet (20') above the top of the bank, whichever is shorter.

3. Offsite Signs: The maximum height of an offsite sign shall be eight (8) feet, unless a more restrictive height standard is specified by this Article. No commercial off-site signs are permitted within a residential area.

F. Setback from Property Lines: No part of any sign, including the footing, shall be located closer than one (1) foot from any property line or public right-of-way.

G. Interference with Vehicle and Pedestrian traffic or Unsafe Signage: No sign shall interfere with a driver's or pedestrian's view of public rights-of-way, walkways and crosswalks or in any other manner impair public safety, interfere with the safe operation of a motor vehicle on public streets, or otherwise interfere with the use of the public right-of-way or be structurally unsound or be built or maintained in a manner that is deemed by the Building Official to be a danger to persons or property. If the planning director or public works director finds any sign to interfere with vehicle or pedestrian traffic, said sign may be prohibited as a possible hazard.

A sign may be prohibited as a possible hazard for any of the following reasons:

1. The sign blocks or obstructs the clear view of any road, street, crosswalk or pedestrian walkway; 2. The sign construction has, in the opinion of the building official, a strong likelihood of being a safety hazard to persons or property due to improper construction or maintenance; 3. The lighting on or directed toward the sign creates glare sufficient to interfere with visibility or the quiet enjoyment of neighboring properties; 4. The sign, or parts thereof, move in such a manner as to distract drivers from operation of a vehicle; 5. The sign or its supports obscure, imitate, or limit the effectiveness of traffic control signs or devices. If any applicant contests the findings of the director or the building official, the Planning Commission may require the applicant to pay the costs in hiring a traffic engineer to offer a report to the Planning Commission at any appeal on whether the sign creates a hazard. If such report is required, the time for a decision on the appeal shall be extended for the period of time it takes to obtain the report plus ten days.

H. Development Signs: Developers having fifteen (15) or more units currently for sale qualify as a business for location of an attachment on any city business directory sign in the same manner as any other business.

104.17.6 Specific Provisions

A. CLEAR SIGHT TRIANGLES:

1. Intersections. The 90 degree angle of the clear sight triangle is measured and located from the point of intersection of the edges of two roadways, measured from the outermost edge of the right-ofway, without regard to whether all or part of the right-of-way is improved. The 45° angles of clear sight triangles at public roadway intersections are formed and measured 30 feet in both directions from the 90 degree angle. 2. For Private Driveways or Alleys. The 90 degree angle of the clear sight triangle is measured and located from the intersection of the edge of a private driveway or alley and the outermost edge of the right-of-way of the intersecting roadway, without regard to whether all or part of the right-of-way is improved. The 45° angles of a clear sight triangle of a private driveway or alley is formed and measured ten (10) feet in both directions from the 90 degree angle.

2. Sign Limitations in Clear Sight Triangles. Freestanding signs, where permitted, may be allowed within a clear sight triangle, provided the sign or its support do not violate any other section contained within this Article. Monument signs are not permitted in clear sight triangles.

B. Monument Signs:

A maximum of one monument sign may be permitted per parcel except in the event that two monument signs can be placed on a parcel with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of-way of the parcel. For any monument sign, the maximum height is eight feet (8') above grade.

C. Painted Wall Signs:

1. Requirements: Approval by the Planning Director or Planning Commission after making the following specific findings:

a. The design of the proposed painted wall sign will be compatible with and enhance the aesthetics of surrounding buildings, neighborhoods, other signs, the general surrounding area, and the City such that it will be consistent with the intent and goals of this Chapter, and b. That the proposed signage meets the area, height and other requirements of this Article, and c. The proposed painted wall sign will have the appearance of having been professionally painted and will not create a visual blight.

2. Permit: The applicant shall provide the information required to obtain a sign permit, plus the following:

a. The dimensions of the wall upon which the sign will be painted, and b. The design showing that the wall sign is balanced on the wall, and c. A sample of the colors to show that the design and colors will be compatible with and enhance the aesthetics of surrounding buildings, neighborhoods, other signs, the general surrounding area, and the City such that it will be consistent with the intent and goals of this Chapter. 3. Conditions : Conditions may be placed upon the approval for painted wall signs, including, but not limited to, conditions requiring regular maintenance and that applicant's other signs must all be in compliance with this Article.

D. Business Complex Signs:

1. General. A business complex may have a maximum of one freestanding sign or a maximum of two monument signs as the main sign for each business located in the complex. Construction and placement of more than one monument sign in a business complex is permissible only in the event that the monument signs can be located with a minimum separation of 300 lineal feet. In such cases, the measurement shall be the lineal distance as measured along the public right-of way of the parcel. Each business in the business complex, up to a maximum of ten (10) businesses, may place an attachment to the freestanding sign and/or monument sign for a business complex through coordination with the owner of the business complex property. 2. Complex Occupant Individual Sign. In addition to the above signage allowed in the business complex, each occupant of a business complex may have one (1) primary wall sign uniform to the complex. If the Planning Director determines that a primary wall sign cannot be reasonably placed for business complex occupant identification, a projecting sign or window sign may be substituted, subject to the regulations herein. 3. Complex Occupant Accessory Signs. Each occupant of a business complex may have no more than two (2) accessory signs with a maximum total sign area of sixteen (16) square feet or ten percent (10%) of the area of the wall of the building located on the side of the building where the accessory sign is located, whichever is less. The maximum sign area for all accessory signs mounted to a freestanding sign is 10% of the sign area of the sign to which it is attached. Provided, however, if the building footprint is at least 20,000 square feet or larger, no accessory sign may exceed 32 square feet. All such signage shall be counted toward the maximum allowable signage for the business. No more than three accessory signs may be displayed at any business. 4. Business Complex Designation. To be deemed a business complex, the applicant(s) must submit a signed application to the Planning Director for such designation. The Planning Director may approve or refer all such applications to the Planning Commission who shall grant the business complex designation, for purposes of signage, to any applicant(s) meeting all of the following criteria: a. The application is from three or more business entities, or from a single developer of a master planned business complex with a uniform design theme, consisting of at least three separate intended business sites; and b. The businesses are located on either one parcel or on contiguous adjoining parcels with one parking lot; and c. The parcel of land is under one ownership or has been done as a master planned condominium business unit project with common areas; and d. The business owners have agreed upon a signage theme that is in architectural harmony with each other and with signage of surrounding properties and meets the intent of this ordinance.

one parcel or on contiguous adjoining parcels with one parking lot; and c. The parcel of land is under one ownership or has been done as a master planned condominium business unit project with common areas; and d. The business owners have agreed upon a signage theme that is in architectural harmony with each other and with signage of surrounding properties and meets the intent of this ordinance.

5. Allowable Sign Area. In addition to the master business complex sign, the total allowable sign area for a business in a business complex is two square feet of sign area for each lineal foot of frontage of the business within the main building, whether in a stand alone building or in a building that has been partitioned into separate businesses.

E. A-Frame Signs 1. General. Permits for A-frame signs are specific to the business requesting the permit and not to the parcel of land on which the A-frame sign is located. Information regarding the A-frame sign permit must be located in the upper left hand corner of the sign. Any non-conforming sign will be impounded by the city and fee not refunded. A-Frame signs must be removed at the end of each business day. 2. Placement. A-frames signs must be located at ground level on site of the business, not in the city right-of-way, cannot block the sidewalk or interfere with traffic, either pedestrian or vehicular, and must be anchored or weighted.

3. Size and Quantity. Two (2) A-frame signs are allowed per business. Each side of the A-frame sign can measure not more than four (4) feet by four (4) feet and the area of an A-frame sign must not exceed sixteen (16) square feet in area each side.

F. Projecting Signs:

1. Encroachment into Right-of-Way . Projecting signs shall maintain a one (1) foot setback from any property line or public right-of-way unless approved by the Planning Director as a "pedestrian oriented" projecting or hanging sign which I hangs over an area with a sidewalk (promenade) in a line with other "pedestrian oriented" hanging signs to identify shops to pedestrians along the promenade. 2. Minimum Clearance. The lowest edge of any projecting sign shall have a minimum clearance of eight (8) feet from the pedestrian walkway. 3. Maximum Height. The height of a projecting sign shall not project above the height of the portion of the structure to which it is attached. (Architectural features of a building which project above the roof lines shall not be used in calculating the maximum allowable height of projecting signs.)

4. Sign Area. The maximum allowable sign area for a projecting sign is thirty (30) square feet. Any sign greater than five square feet must be approved by the Building Official as being safe to place in the intended location considering wind velocity and size.

G. Roof Signs:

1. General. Roof signs shall be placed parallel to the roof line. A roof sign shall not project beyond the end of the building wall or edge of the roof. Architectural features of a building which project above the roof line shall not be used in determining allowable placement of roof signs. A roof sign may not project above the roof line of the roof section upon which such sign is placed. Roof signs are counted as part of the maximum allowable signage for that business/property.

2. Sign Area. The maximum allowable sign area for a roof sign is 25% of the area of the roof plane upon which it is situated. 3. Prohibited Roof Signs. Roof signs may not be mounted atop a flat roof.

H. Wall Signs:

1. Location. A wall sign is only permissible if its exposed face is in a plane parallel to the plane of the wall to which it is attached.

2. Sign Area. The maximum allowable sign area for a primary wall sign is seventy five (75) square feet if the business has a street frontage of less than 200 lineal feet as measured along street frontage of the street upon which the main entrance is located. In the event the business has street frontage of more than 200 lineal feet, as measured along any street frontage, the maximum allowable sign area for a primary wall sign facing such street shall be 125 square feet. Notwithstanding the previous limits, no wall sign may be larger than twenty five percent (25%) of the wall surface to which it is attached.

I. Special Event Signs:

1. Time for Display . Temporary special event banners and similar advertising devices, located over private property, which are displayed for fewer than thirty consecutive days and not replaced within 60 days and not repeated more than 3 times per year.

2. Permit Requirement . A sign permit shall be required for banners, pennants, searchlights, A-frame signs, portable signs, flags, small balloons, pennants or streamers, used as special event signs, but shall consist of a simplified application that will be processed and approved or denied within three business days. Tethered balloons larger than four feet in diameter or other forms of inflatable signage or placement to attract attention are limited to one and may take longer for approval or denial due to possible review by the Building Official to determine safety requirements.

3. Quantity. No more than two (2) special event signs may be displayed by a business at any given time, excepting small flags, pennants or balloons that do not create a traffic or pedestrian hazard.

4. Placement. A special event sign shall not be placed in any location at which a primary or accessory sign could not be placed. All such signs must be located on the premises to which they pertain. 5. Appearance. Special event signs displayed for a commercial purpose that are determined by the Planning Director or his/her designee to be unsightly due to becoming tattered, faded, torn, or otherwise falling into disrepair are subject to the enforcement procedures set forth in section 104.17.1(I) of this chapter.

6. Specific Signage Regulations.

• a. Balloons and any lines attached thereto must not be made of metallic or similar materials that would act as a conductor for electricity. b. A banner shall not exceed seventy-five (75) square feet in sign area. c. Banners must be attached at all four corners. d. Special event signs must be in like-new condition.

7. Flags - Non-exempt

• a. The maximum permitted area of each flag must not exceed fifteen (15) square feet.

• b. Each flag must not exceed a maximum height of twenty (20) feet above the finished lot grade at the base of the pole. Berming over three feet (3') is not permitted.

• c. One flag is allowed for each twenty (20) lineal feet of street frontage.

• d. Flags must be located on the premises to which they pertain.

• e. Flags that are intended to be permanent may remain in place. Special event flags are limited in duration.

8. Pennants. The total allowable length of the pennants must not exceed two (2) linear feet of pennant per one linear foot of street frontage upon which the pennants will be placed.

J. Residential Zone Signage:

1. Commercial/Institutional Signs. Signs of a commercial nature are not permitted in a residential zone except for one on-site sign allowed in a residential zone not over 6 square feet in size and not higher than 4 feet, or a sign used to identify an institutional use permitted within the zone, after a site plan review to insure the signage is in harmony with the surrounding uses.

2. Residential Identification. Signs identifying a residential area or neighborhood, up to a maximum sign area of thirty-two (32) square feet and maximum height of eight (8) feet, are permitted at no more than two main entrances into a residential development as part of an entry statement.

K. Industrial Signage: One monument sign and one wall sign will be permitted per parcel for any approved industrial use in an industrial land use district; except in an industrial complex which allows one (1) wall sign per business and one freestanding or monument sign for all of the tenants to share.

L. Offsite Signs

1. Location. Offsite signs are only permitted:

• a. In non-residential areas.

b. Along streets that are not designated scenic highways.

• c. Along Needles Highway north of the intersection with Interstate 40 at the West Broadway exit, and along Highway 95 south of the Interstate 40 East Broadway freeway exit.

2. Prohibited Locations. No offsite sign may be located in the following areas:

• a. Any location that will obscure a mural.

• b. Within 500 feet of another offsite sign.

• c. In any location that will obstruct the visibility of any primary permanent onsite signage.

• d. Within 250' of a city business directory or near premise sign.

• e. Between West Broadway and East Broadway freeway exits/entrances.

3. Dimensions. The height of any offsite sign shall not exceed four (4) feet and the width shall not exceed eight (8) feet, mounted within a frame no taller than eight (8) feet in height. Any signs must be mounted to a vinyl coated, painted or powder-coated metal frame with support structures no less than 3" x 3" posts or larger, depending upon the size of the sign. Generally, a sign 4' x 8' would require 4" x 4" posts to withstand wind velocity and require a breakaway system.

4. Property Owner Permission. The applicant shall provide written verification from the property owner or his/her authorized designee that placement of the sign is authorized at the proposed location. The applicant shall include the owner's name, address, and telephone number with the si n permit application.

5. City Right-of-Way . Businesses may apply to have a sign placed in a City right of-way in an area that is allowed for offsite signs as described in Section 104.17.5 L (1) provided that all such signs placed in the City right-of-way must be mounted on an approved City of Needles sign frame and such placement may be approved for such time as outlined in Section 104.17.5 (0) (2) relating to the City signs.

6. Multiple Businesses. Where multiple business owners require signs at the same location, those shall be combined into one common sign frame with each business providing and maintaining an appropriately designed and approved sign not to exceed four feet by four feet (4' X 4') within the frame which shall not exceed the dimensions described in Section 104.17.5 (K) (3). If more than two (2) businesses request signage at that location, then individual signs may be reduced accordingly to fit into said frame or another location may be chosen. Drawings for multiple use signs shall be submitted to the Planning Director showing the logo, colors, typestyles and fonts intended on the sign. Each sign shall be reviewed for architectural and color compatibility with the balance of the sign.

7. Quantity of Signs Allowed . No business shall have more than two (2) offsite signs which may not be located within one half (1/2) mile of each other.

8. Applicant. The applicant will have secured from the City a valid business license in the City of Needles and shall have paid permit fees. No offsite sign permits will be granted to any applicant who is not in compliance with this Article for other signage.

9. Lighting. If the applicant(s) desire the sign to have lighting, the applicant shall, after approval, install, maintain, and pay for the lighting at all times, provided said lighting may not violate any other section of this Article.

M. Historic Signs:

1. Applicability. Onsite signs that identify a historic landmark or a historic structure of merit, as designated by the City of Needles or the State or Federal Register, are exempt from the regulations of this chapter, provided they do not exceed one such sign per parcel, a sign area of thirty-two (32) square feet or a sign height of eight (8) feet.

2. Permit Requirement for Larger Signs. Planning Commission approval of a special use permit shall be required for signs in excess of the above limits and may only be approved if the Planning Commission finds:

• a. That the sign is in keeping with the historical character of the site; and

b. That the sign will be in scale with the surroundings; and

• c. That the sign will not be a traffic hazard; and

d. That a larger sign is required to impart the necessary message; and

e. That the size of the sign would not be greater than would be allowed under this Article for a commercial business at the same location.

N. Business Directory Signs:

Business directory signs are allowed to point the way to businesses which are not located on the premises of the sign. These signs can be placed in any zone.

1. Definition. Business directory signs are signs placed in the public right-of-way by the City and owned by the City and built to City specifications. Such signs are placed at road intersections to point the direction to businesses that have applied for and received an approved permit for placement on a City owned sign structure. All such signs must meet the requirements of this section and are renewable on an annual basis.

2. Number of Business Directory Signs. The City shall place business directory signs as deemed appropriate by the Planning Director based upon demand at the intersection of arterial, major and minor collector roads. No more than one business directory sign may be placed at any corner unless there is a specific finding by the Planning Director that placement of an additional sign at an intersection can be placed back to back or at an angle to the previous sign in such a manner as to better direct travelers to the businesses without creating confusion or traffic hazards.

3. Structure height and attachments. The height of the base structure shall not exceed eight (8) feet and may not contain more attachment signs than will reasonably fit on the sign. Attachments may be six (6) or twelve (12) inches in height and no more than thirty-six (36) inches in length with uniform sized lettering. If the business name needs more than one line of copy to state only the name, logo and directional arrow, the applicant may qualify for a twelve (12) inch attachment but will be charged for two six (6) inch spaces.

4. Priority for placement. The attachment signs shall be placed on the basis of first application annually has first priority for a choice of placement in one location. If there are insufficient spaces available at any location, the later applicants will be offered placement in other locations before any business is permitted a second location. If an application is accepted after placements have been awarded for that cycle, the late application may be offered a site that is still available for the remainder of the cycle on a prorated basis.

ment in one location. If there are insufficient spaces available at any location, the later applicants will be offered placement in other locations before any business is permitted a second location. If an application is accepted after placements have been awarded for that cycle, the late application may be offered a site that is still available for the remainder of the cycle on a prorated basis.

5. Review of placement. The signs will be reviewed for placements of attachment signs each year in January. Applications including the name and address of the applicant, the exact lettering desired on the sign, and preferences for locations on which to be placed, must be submitted before January 1 of each year to ensure consideration for placement during that cycle; however later applicants may be placed in any available spot not already assigned for that cycle. Applications will be date and time stamped to establish priority and may be filed at any time during the year, but may not be filed in advance for successive years. Applications will be processed immediately after January 1st of each year and applications will be accepted or denied within fifteen (15) days thereafter. Once placement has been obtained, the applicant may retain placement until the placement is again reviewed. Depending upon the priority of applications for the specific site in subsequent years, the applicant may again be awarded the same site or may be required to be placed at a different site. If any business advertised on such attachment sign will be removed by the City after ten (10) days written notice to the address contained on the sign permit application. If such sign is removed by the City, each such sign shall be kept in safekeeping for a period of sixty (60) days. If the business reopens under the same name, the sign may then be replaced for the remainder of the cycle.

t site. If any business advertised on such attachment sign will be removed by the City after ten (10) days written notice to the address contained on the sign permit application. If such sign is removed by the City, each such sign shall be kept in safekeeping for a period of sixty (60) days. If the business reopens under the same name, the sign may then be replaced for the remainder of the cycle.

6. Payment of fees. The applicant must pay the appropriate sign fee adopted by resolution of the City Council at the time of submission of the application for the initial placement and each subsequent renewal. The fee will include a fee for the creation of the sign attachment, the pro-rata share of the construction and maintenance of the structure, the cost of administration of the sign, and permit. When necessary, in subsequent years, the applicant will be charged for the repainting or replacement of faded or damaged sign attachments previously used. The determination of whether a new sign attachment is needed will be determined by the planning director during each annual placement cycle, after a visual inspection to insure all signs are kept in an equally attractive fashion. 7. Drawings required. Applicant shall submit a drawing of any logo being requested. Other than a logo or approved symbol indicating lodging, food, etc., and/or the name of the business and directional arrow, there shall be no other advertising copy allowed on the sign. Any business wishing to include a logo on their sign shall submit a drawing of the desired logo and its proposed location on the sign attachment along with their application. All type sizes, styles and colors will be uniform unless part of a nationally recognized logo.

8. Effect of existing illegal signs. No applicant will be considered for placement on a business directory sign if they are exhibiting any illegal signs under the city sign ordinance.

9. Locations for Business Directory Sign s. The locations approved for business directory signs were originally determined by the Planning Commission. Additional locations may be approved by the Planning Director if the Director finds that the new proposed location is at a major or minor intersection where such sign is needed to assist with business identification and directions and has enough demand for location thereon to allow the sign to be placed with at least four spaces being utilized. Any denial made by the Director may be appealed to the Planning Commission.

0. Near-Premise Signs:

Near-premise signs are signs approved by the Planning Director or Planning Commission at intersections within the City under the following circumstances and standards:

1. The near premise sign frames will be erected by the City, owned by the City and may be placed in the approved location within the City right-of-way in the same manner as a business directory sign for eligible businesses.

2. Eligible businesses may apply to place their advertising sign on such near premise signs. Permits will be renewed annually and require that the business attachment be maintained in a clean, readable and attractive manner.

3. Near premise signs within the core of the City are intended only for businesses that do not have frontage on one (1) of the major streets in the City of Needles, but the business is located within a commercial or industrial zone of the City. Such signs are intended to afford an opportunity for signage for businesses that are located where permitted signage would not be easily seen and readable from at least one of the main streets.

4. Major streets for purposes of paragraph (3) above include Highway 95, Broadway, Needles Highway and "K" Street (east of Needles Highway).

5. The sign frames used for near premise signs may be leased by the City in the same manner for offsite signage outside of the core of the City as described in the section for offsite signage. The use of such frames in the approved area of the City right-of-way does not offer such sign any of the privileges afforded to near premise signs under this section.

6. Findings Required. In order to grant a pe1mit for a near-premise sign, the Planning Commission must make specific findings for each of the following:

   • a. That the placement of the sign will not tend to create a traffic hazard or contribute to visual clutter and blight within the city;

   • b. That the size, height and design of the sign meets the standards required for near premise signs set herein;

c. That there are no other near-premise signs located within five hundred feet of the proposed location of the sign;

d. That if granted, the sign attachment must be well maintained at all times. If not properly maintained in the opinion of the director, notice of non maintenance may be delivered to the business advertised on the sign, and if not repaired within sixty days, may be removed by the city.

e. That without the granting of this permit any sign erected on the premises of the business would not be visible from the nearest major or minor collector road;

f. That the business requesting this pe1mit has secured from the city a valid business license and is operating the business in compliance with all other city codes and regulations.

g. That the business requesting this permit is not exhibiting any illegal signs within the City of Needles.

h. That the location of the business has little or no street frontage on one of the list major streets, and therefore would not qualify for a sign of sufficient size to allow the sign to be read by people traveling along any of the listed major streets. If the property has enough street frontage to qualify for a sixteen square foot or larger on-premise sign, the business will not qualify for a near premise sign

P. Outdoor Advertising Displays

1. Definitions. For purposes of this Chapter, the following words or phrases shall have the following definitions:

• a. Abandoned Outdoor Advertising Display means either:

  • (1) Any outdoor advertising display that is in existence for more than three (3) months without a poster, bill printing, painting, or other form of advertisement or message on its display face; or

  • (2) Any Outdoor Advertising Display that does not appear on the inventory required by Section 104.17.6 P.3.a.

b. Automatic Changeable Message Display means an Outdoor Advertising Display which mechanically changes the fixed display face at synchronized programmable intervals through the use of a series of multiple-faced (generally three faces) rotating panels or louvers. These displays are also known by proprietary product names such as Tri Vision and/or Tri-Face.

• c. Billboard means a free-standing sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. The terms Billboard and Outdoor Advertising Display may be used interchangeably to mean the same thing.

• d. City Manager means the City Manager of the City or his/her designee.

• e. Digital Display means an Outdoor Advertising Display using light emitting diodes (L.E.D.) or similar technology to display static images controlled by electronic communications.

• f. Display Face means the surface area of an Outdoor Advertising Display available for the purpose of displaying an advertising message. Display Face does not include the structural supports or lighting.

• g. Edge of Right-of-Way means a measurement from the edge of a right of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway.

• h. Free Standing Sign means any sign which is supported by one (1) or more column(s) or upright imbedded in the ground, and which is not attached to any building or structure.

• i. Freeway means a divided arterial highway for through traffic with full control of access and with grade separations at intersections under state control which requires a State Outdoor Advertising Permit to erect an Outdoor Advertising Display.

j. Illegal Outdoor Advertising Display means any of the following:

  - (1) An Outdoor Advertising Display or related structure erected without first complying with all applicable City regulations in effect at the time of its construction, erection, or use. 

  - (2) An Outdoor Advertising Display or related structure that was legally erected but whose use has ceased, or the structure upon which the Outdoor Advertising Display is placed has been abandoned by its owner, and not maintained or used for a period of at least six (6) months. 

  - (3) An Outdoor Advertising Display or related structure that does not comply with this Chapter, or any applicable permit referenced in the City Code. 

  - (4) An Outdoor Advertising Display or related structure that is a danger to the public or has been determined to be unsafe by the City Manager, as supported by findings made in connection with the California Building Code, including applicable provisions of the City Code.

• k. Maximum Height means the highest point of the structure or sign measured from the roadbed of the adjacent freeway or highway to which the sign is oriented or from the average natural ground level at the base of the supporting structure, whichever is greater. 1. Off-Site Sign means structures and signs that are erected or maintained to advertise goods sold, business conducted, or services rendered on a parcel other than the land upon which the sign is located. m. Outdoor Advertising Display means an outdoor advertising structure or outdoor advertising sign used for outdoor advertising purposes. An Outdoor Advertising Display may be commonly known or referred to as an off-site or an off-premises Billboard. n. Outdoor Advertising Sign means any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes and affixed to an Outdoor Advertising Display or related structure. o. Outdoor Advertising Structure means a structure of any kind or character erected, used or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for outdoor advertising purposes. Such structure shall be constructed or erected upon a permanent foundation.

  • p. Primary Highway means any roadway under state control which requires a State Outdoor Advertising Permit to erect an Outdoor Advertising Display.

  • q. Scenic Highway means a section of a highway that has been officially designated and maintained scenic pursuant to Section 260, 261, 262, and 262.5 of the Streets and Highways Code or as referred to in Section 13 l(s) of Title 23 of the United States Code.

2. Permit Procedure. No person shall erect, use, or maintain an Outdoor Advertising Display in the City, except as expressly provided herein:

• a. Permit Application. Outdoor Advertising Displays shall require a conditional use permit. An application for an Outdoor Advertising Display conditional use permit shall be filed with the City Manager or his/her designee, along with any applicable fee to be set by the City Council by resolution, as may be amended from time to time. A separate application shall be required for each Outdoor Advertising Display whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same, contiguous parcels or any set of related or unrelated parcels that are the subject of a single development proposal. The application shall include the following 'information:

e. A separate application shall be required for each Outdoor Advertising Display whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same, contiguous parcels or any set of related or unrelated parcels that are the subject of a single development proposal. The application shall include the following 'information:

  - (1) The name, address, and telephone number of the Applicant; (2) The name, address, and telephone number of the Owner of the property where the Outdoor Advertising Display is to be located (the "property"); (3) Written authorization by the property Owner allowing the Applicant to apply for land use entitlement; (4) The Assessor's Parcel Number ("APN") of the specified property; (5) A general description of the property upon which the Outdoor Advertising Display is proposed to be placed; (6) A plot plan and elevations drawn the scale. The plot plan shall include: 

     - i. A pictorial representation of the proposed Outdoor Advertising Display, disclosing all dimensions; 

ii. A plan of the property on which the proposed Outdoor Advertising Display, is to be located, disclosing the precise location of the sign in relation to other improvements of the property, related property lines, and zoning of the property;

iii. A description of the proposed Outdoor Advertising Display structure, disclosing proposed colors and materials; iv. A description of the location of and distance from the nearest Outdoor Advertising Displays, buildings, public and private roads, and other right-of-ways, setback lines, and specifically planned future road right-of-way lines; and

• v. Any additional information required by the City Manager such that the proposed Outdoor Advertising Display may be readily ascertained, identified, and evaluated.

b. Conditional Use Permit Required. A conditional use permit shall be required for the installation of any new, relocated, or enlarged Outdoor Advertising Display to allow for a second face addition to an existing Outdoor Advertising Display. c. Application Approvals and Denials. Conditional use permit application approvals and denials shall be processed and subject to the provisions of the Needles Municipal Code Article IV Section 94.00 et seq. and shall further be subject to the requirements of this Chapter.

d. Building Permit Required. No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor Advertising Display to a power supply without first also obtaining a building permit from the City.

e. Caltrans Permit Required. No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor _f\dvertising Display to a power supply without first also obtaining an Outdoor Advertising Display permit from the California Department of Transportation (Caltrans), as is required for Outdoor Advertising Displays adjacent to an Interstate or primary highway.

t Required.** No person shall place, erect, use, maintain, alter, repair or relocate an Outdoor Advertising Display or connect an Outdoor _f\dvertising Display to a power supply without first also obtaining an Outdoor Advertising Display permit from the California Department of Transportation (Caltrans), as is required for Outdoor Advertising Displays adjacent to an Interstate or primary highway.

f. Commercial and Noncommercial Messages. Nothing in this chapter shall be deemed to prohibit or restrict the use of any Outdoor Advertising Display authorized by this article for any noncommercial message. No permit required for any Outdoor Advertising Display under this chapter shall be granted, conditioned, or denied based on the content of the message displayed by such Outdoor Advertising Display, whether such message is commercial or noncommercial in nature.

g. Limitations of Issuance. No conditional use permit for an Outdoor Advertising Display shall be issued if any of the following are determined to be true:

• (1) The applicant(s) have knowingly made a false statement or omission of material fact in the application for the condition use permit; or

(2) The proposed Outdoor Advertising Display would otherwise result in a threat to the general health, safety, and welfare of the City residents; or

• (3) The proposed Outdoor Advertising Display would create a traffic or safety problem.

3. Permit Standards. Except as otherwise specifically provided in this Chapter, the following standards shall be applicable to all Outdoor Advertising Displays within the City:

a. General Plan . Outdoor Advertising Displays shall be consistent with the Comprehensive General Plan, and all federal, state, and local laws.

b. Placement. Outdoor Advertising Displays oriented towards and primarily viewed from freeways and highways are preferred.

c. Zoning . Outdoor Advertising Displays are permitted only in the following zones, provided that the Outdoor Advertising Display meets all of the other requirements of the zoning classifications and this Chapter: C-1, Neighborhood Commercial Zone; C-2, General Commercial Zone; C-3, Highway Commercial Zone; CRR, Commercial, Residential, Resort Zone; M-1, Light Manufacturing Zone; and M-2, General Manufacturing Zone. Outdoor Advertising Displays are expressly prohibited in all other zones. d. Height . The maximum height of an Outdoor Advertising Display shall not exceed a height of thirty- five (35) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of thirty-five (35) feet from the grade on which it is constructed, whichever is greater.

ng Zone. Outdoor Advertising Displays are expressly prohibited in all other zones. d. Height . The maximum height of an Outdoor Advertising Display shall not exceed a height of thirty- five (35) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of thirty-five (35) feet from the grade on which it is constructed, whichever is greater.

e. Setbacks . No Outdoor Advertising Display shall be erected or occupy any airspace within a road right-of-way line or future road right-of-way line as shown on any General Plan. A minimum setback from the property line of one foot shall be required. No person shall place, erect, use or maintain any outdoor advertising display located within six hundred sixty (660) feet from the edge of the right- of-way of any freeway or primary highway without first obtaining a valid state outdoor advertising permit.

f. Spacing. No Outdoor Advertising Display shall be located within five hundred (500) feet in any direction from any outdoor advertising display on the same side of the highway or freeway.

g. Scenic Highway. No Outdoor Advertising Display shall be permitted adjacent to a scenic highway.

h. Display Face Size. No Outdoor Advertising Display shall exceed a maximum total surface area of seven hundred (700) square feet per face.

i. Number of Display Faces. No more than two (2) display faces per Outdoor Advertising Display shall be permitted. Only single face, back-to-back and V-type displays shall be allowed, provided that they are on the same Outdoor Advertising Display or related structure and further provided that the V-type displays have a separation between display faces of not more than thirty (30) feet. Display faces shall not be stacked.

j. Number of Displays. No more than one (1) proposed Outdoor Advertising Display per application shall be permitted.

k. Poles. A maximum of one (1) steel pole is allowed for support of an Outdoor 1-dvertising Display, subject to approval of the City Manager.

l. Lighting and Illumination of Displays. An Outdoor Advertising Display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Displays making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Displays _.shall use the most advanced methods to insure the most energy efficient methods of display illumination.

m. Digital Displays. Digital Displays and Automatic Changeable Message Displays are allowed providing the message displayed is static and displayed for a minimum duration of six (6) seconds and the transition time between messages is no longer than four (4) seconds. Animated images, images that give the appearance of movement or changes in illumination intensity during the static display period are prohibited.

ays.** Digital Displays and Automatic Changeable Message Displays are allowed providing the message displayed is static and displayed for a minimum duration of six (6) seconds and the transition time between messages is no longer than four (4) seconds. Animated images, images that give the appearance of movement or changes in illumination intensity during the static display period are prohibited.

n. Display Movement. No Outdoor Advertising Display shall move, rotate or display any moving and/or rotating parts except for automatic changeable message displays. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards usmg flashing, intermittent or moving light or lights is prohibited. o. Mobile Displays. No person shall place, use, maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground to be used as an Outdoor Advertising Display. p. Roof Mounts. No Outdoor Advertising Display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this Chapter, a mansard style roof shall be considered a parapet. A q. Identification. No Outdoor Advertising Display shall be placed, erected, used or maintained anywhere unless there is securely fastened thereto the name of the Outdoor Advertising Display permittee in such a manner that the name is visible. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, ai:id maintained in violation of this Chapter. r. Display Inventory. In order to evaluate and access Outdoor Advertising Displays within the City, within one hundred eighty (180) days of the effective date of this Chapter and on each fifth anniversary after the effective date of this Chapter, and upon notice, each business with Outdoor Advertising Displays within the incorporated area of the City shall submit to the City Manager, a current inventory of the Outdoor Advertising Displays maintained within the incorporated area of the City. Failure to submit a current or accurate inventory within thirty (30) days of receipt of such notice shall be deemed to be a violation of this Chapter and subject to the issuance of a Notice of Violation by Code Enforcement. Failure to comply with a Notice of Violation may result in the issuance of a Field Citation, an Administrative Citation, or a Notice of Public Nuisance, or such other action or proceeding pursuant to Title 4 of the City Code. s. Maintenance Standards. Every Outdoor Advertising Display and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, and anchorage therefor, shall be continuously maintained in an attractive, clean, and safe condition. The display surface of all Outdoor Advertising Displays shall be kept neatly painted and/or posted and in proper repair and state of preservation.

** Every Outdoor Advertising Display and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, and anchorage therefor, shall be continuously maintained in an attractive, clean, and safe condition. The display surface of all Outdoor Advertising Displays shall be kept neatly painted and/or posted and in proper repair and state of preservation.

4. Enforcement. Failure to comply with the provisions of this Chapter, the City Code, or any other State or City law, shall result in the permit issued hereunder being suspended or revoked pursuant to this Chapter. The following provisions shall apply to the violations of this Chapter:

a. Any person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to one thousand dollars ($1,000.00) per day per violation or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. The conviction and punishment of any person for violation of this Chapter shall not excuse or exempt such person from any civil action for violation of this Chapter or other City law. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter or any State or City law.

• b. Every Illegal Outdoor Advertising Display and every Abandoned Outdoor Advertising Display is hereby declared to be a public nuisance and shall be subject to abatement by repair, rehabilitation, or removal in accordance with the procedures contained in the City's Zoning Code and this Chapter.

c. Any non-compliance with this Chapter shall constitute a public nuisance and violation of the City Code and may be enforced through any lawful remedy, including, but not limited to, the provisions of the Chapter and the City Code. Any non-compliance with this Chapter, the City Code or ordinances, or State law shall constitute a public nuisance and may be enforced through any lawful civil and/or criminal remedy, including, but not limited to, a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, the City Code, and/or State law.

d. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the City Code.

• e. Every violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative, civil, or criminal enforcement action.

5. Non-Conforming Outdoor Advertising Displays. The following sections shall apply to non-conforming Outdoor Advertising Display:

• a. Continuation. Any non-conforming Outdoor Advertising Display may be maintained through the abatement period set forth in this section, provided there are no alterations of the display whatsoever, except as provided in this Chapter.

• b. Alterations. A non-conforming Outdoor Advertising Display may not be moved, enlarged, relocated, or altered in any way except as otherwise provided herein:

  • (1) Where any non-conforming Outdoor Advertising Display is damaged or partially destroyed, the non-conforming outdoor advertising display may be restored to the condition in which it existed immediately prior to the occurrence of such damage so long as all of the following conditions are met:

    • i. The cost of such reconstruction does not exceed fifty percent (50%) of the replacement cost of such outdoor advertising display at the time such damage occurred; and

ii. The reconstruction may not result in any greater degree of nonconformity than previously existed; and

iii. The reconstruction shall meet all current requirements of the City Code, and shall be completed within one (1) year of the commencement of the construction.

(2) When a subsequently adopted ordinance or regulation of the City requires specific alterations, those alterations shall be made

(3) Minor repairs to and routine maintenance of an outdoor advertising display are permitted and encouraged. Minor repairs and routine maintenance means repairs or maintenance that cost less than twenty percent (20%) of the replacement cost.

(4) If, in the process of reconstructing an outdoor advertising display pursuant to this subsection, certain nonconformities can be brought into conformity, they shall be brought into conformity.

6. Abatement and Termination-Upon Expiration of Time Period.

Wherever the officials responsible for the enforcement of administration of the City Zoning Code or their designated agents, have cause to suspect a violation of this Chapter, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary to investigate a possible violation, such persons may lawfully gain access to the appropriate parcel of land upon which a violation is believed to exist. The following provisions shall apply to the violations of this Chapter:

a. Nonconforming Outdoor Advertising Displays shall be abated and such nonconformity shall be terminated based on assessed valuation as is exhibited below, subject to the requirements and limitations imposed by Sections 5412 through 5421.4 of the California Business and Professions Code, the provisions of which are incorporated herein by this reference:

Value of Sign Period for Removal and/or Compliance

b. An extension of the abatement period may be granted by the City Manager upon good cause. In no case shall such an extension be granted for a period of more than one (1) year.

7. Illegal and Abandoned Outdoor Advertising Displays.

All Illegal Outdoor Advertising Displays and all Abandoned Outdoor Advertising Displays shall be removed or brought into conformance with this Chapter immediately upon receipt of Notice given to the owner of the property and also given to the owner of the Outdoor Advertising Display, if (i) the identification plate required by Business and Professions Code Sections 5362 and 5363 is affixed; and (ii) the advertiser, if any, identified on the sign provided the address of the advertiser can be reasonably determined.

8. Relocated Outdoor Advertising Displays. Nothing in this Chapter shall prevent the City from entering into an Outdoor Advertising Display Relocation Agreement, which Agreement shall require the prior approval of the City Council, when: (1) the original location of the Outdoor Advertising Display is within a contemplated public right-of-way; and I (2) the Outdoor Advertising Display complied with all applicable regulations in effect at the time it was erected. An Outdoor Advertising Display located on a parcel that is zoned to prohibit Outdoor Advertising Displays may, pursuant to such Agreement, b relocated to another location on that same parcel. An Outdoor Advertising Display located in an area defined in this Chapter as a scenic highway may also, pursuant to such Agreement, be relocated to an area defined as a scenic highway whether the area is on the same parcel or a different parcel. Except as provided in this Section, a relocated Outdoor Advertising Display shall be subject to all the permit procedures and standards described in this Chapter. All Outdoor Advertising Display shall be relocated in accordance with Sections 5412 through 5421.4 of the California Business and Professions Code, the provisions of which are incorporated herein by this reference

Article XI Vehicular Provisions 111.01 Street Dedication And Improvement 111.02 Vision Clearance 111.03 Driveway Standards 111.04 Parking Requirements 111.04.01 Parking Spaces Required--Residential 111.04.02 Parking Spaces Required--Recreational 111.04.03 Parking Spaces Required--Institutional 111.04.04 Parking Spaces Required--Office, Medical Or Financial 111.04.05 Parking Spaces Required--Retail/Commercial 111.04.06 Parking Spaces Required--Industrial 111.04.07 General Off-Street Parking Requirements 111.04.08 Calculations Of Fractions Of Parking Stalls 111.04.09 Parking Ratios For A Combination Of Entities 111.04.10 Other Parking Uses 111.04.11 Other Commercial Uses 111.04.12 Combined Parking For Separate Lots 111.04.13 Off-Street Parking Dimension Table 111.04.14 Compact Car Parking 111.04.15 Employee Parking 111.04.16 Handicap Parking Requirements 111.04.17 Truck Loading And Unloading Space 111.04.18 Parking Stall Identification 111.04.19 Protective Wheel Stops 111.04.20 Parking Located Off An Alley 111.04.21 Parking In Required Setback Areas 111.04.22 Parking Area Surfaces 111.04.23 Visibility From Parking Lot Drives 111.04.24 Screening And Landscaping 111.04.25 Nonconforming Parking 111.04.26 Additional Requirements 111.05 Loading Areas

HISTORY

Amended by Ord. 427-AC on 3/4/1996 111.01 Street Dedication And Improvement

No building permit shall be issued until the following requirements are met:

1. All streets, alleys and other public rights-of-way shown on plans approved by the city council and which abut the subject property shall be dedicated to the planned right-of-way line or a deed of dedication deposited in escrow with an escrow agent acceptable to the city attorney, the delivery of which is conditioned upon the required permit being granted.

2. All improvements of streets, alleys and other public rights-of-way which abut the subject property and are required in order to conform to improvement standards approved by the city council shall be installed or a performance bond, in a reasonable amount to be determined b the city engineer, with sureties to be approved by the city attorney, shall be filed with the city clerk, or cash in a like amount shall be deposited with the finance director to be placed in a trust fund. (Ord. No. 427-AC)

3. The off street parking facilities required by this title shall be located on the same lot or parcel of land as the use they are intended to serve, except that in cases of practical difficulty, the City Planner may approve substitute parking locations for ministerial projects which meet the following conditions:

   1. All or part of the substitute location is within two hundred feet (200') of the principal use for which the parking is being provided;

   2. The substitute lot is in the same possession as the use it is intended to serve. Such possession may be by deed or long term lease, the terms of which meet the approval of the city. 3. The off street parking facilities required by this title shall be located on the same lot or parcel of land as the residential unit they are intended to serve.

   3. Parking spaces shall not be located in any required front yard, except in legal nonconforming lots where garages or carports may be located in the front yard when approved by the planning commission.

   4. Not more than three (3) carports or garages on any one lot shall have their entryway facing the street.

For discretionary projects, the planning commission may approve substitute parking locations for ministerial projects which meet the above conditions, or recommend approval to the city council for projects requiring council approval.

HISTORY

Amended by Ord. 663-AC on 10/24/2023

111.02 Vision Clearance

1. Vision clearance areas shall be provided as follows:

   1. On any corner lot: a triangular area at the street intersection measuring fifteen (15) feet along each street property line (or the projections thereof parallel to the centerlines of the streets) from the point of intersection of said property lines (or the projections thereof);

   2. At the intersection of any alley with a street, or at the intersection of two (2) alleys, or at an angle point where the alignment of an alley changes by sixty (60) degrees or more: a triangular area measuring fifteen (15) feet along each street or alley property line from the point of intersection of said property lines;

2. At any driveway entrance from or exit to a street: triangular areas on each side of the driveway measuring fifteen (15) feet along the street property line and fifteen (15) feet along the edge of the driveway from the point of intersection of the edge of the driveway with the street property line.

3. Within a required vision clearance area there shall be no fence, tree, shrub or other obstruction to sight between two (2) feet and seven (7) feet above the established street grade. Where the vision clearance area for an existing driveway falls on adjacent property, no additional construction in the two (2) foot to seven (7) foot height range shall be placed in the vision clearance area except a fence which does not obscure sight through more than ten (10) percent of the area in the vertical plan. Where existing obstructions exist on adjacent property in the two (2) foot to seven (7) foot height range, any new driveway constructed on the subject property shall be located to not have any such obstructions in its vision clearance areas. (Ord. No. 427-AC)

111.03 Driveway Standards

1. Every garage, carport, parking area, loading area, drive-in or drive-through service area, or other off-street vehicular waiting or maneuvering area shall be connected to one (1) or more public streets or alleys by one (1) or more driveways meeting the standards set forth in this section.

2. Driveway Width.

   1. In the various zones the width of any driveway shall be within the limits shown in the following table:

2. Where the driveway approach width at the street property line required by the city engineer is different from the driveway width required by this section, a variable width transition segment outside the street right-of-way shall be provided to provide a smooth connection.

3. Driveway Height Clearance. Within the required driveway width there shall be no obstruction from the driveway surface to a height of eight (8) feet. In addition, any portion of a driveway not covered by a building or porte cochere shall be unobstructed to a height of fourteen (14) feet.

4. Driveway Curvature. The minimum turning radius for any curve in a driveway shall be twenty-five (25) feet measured to the outside edge of the driveway. 5. Driveway Circulation Pattern.

   1. In single-family residential zones, any garage or accessory building having vehicular entry facing an alley shall be located at least twenty-nine (29) feet from the opposite side of the alley. 2. In all zones, any garage or carport with its vehicular entrance facing a street shall be set back at least twenty-five (25) feet from said street property line in order to allow temporary parking in the driveway without obstructing any portion of a public right-of-way. (Ord. No. 427-AC)

r entry facing an alley shall be located at least twenty-nine (29) feet from the opposite side of the alley. 2. In all zones, any garage or carport with its vehicular entrance facing a street shall be set back at least twenty-five (25) feet from said street property line in order to allow temporary parking in the driveway without obstructing any portion of a public right-of-way. (Ord. No. 427-AC)

6. Secondary Driveways in Residential Zones. Driveways shall only be supported if lead to a garage, carport, or side yard area, and setback requirements are being met. No more than two driveway approaches per lot shall be permitted.

HISTORY

Amended by Ord. 663-AC on 10/24/2023 111.04 Parking Requirements

It is the intent of this section to require off-street parking and loading spaces on each parcel for all land uses within the city. These spaces should be sufficient in number to accommodate the vehicles of residents, employees, customers and clients. The overall intent of this section is to reduce on-street parking, traffic congestion and to improve pedestrian safety within the city.

At the time a business or residential activity is established, or a building is erected or enlarged, or there is a change of use at the subject location, sufficient vehicle off-street parking spaces shall be provided. Accessible off-street parking areas shall be provided and maintained for each land use or activity in accordance with the schedule set out in this part. (Ord. No. 427-AC)

HISTORY

Amended by Ord. 663-AC on 10/24/2023 111.04.01 Parking Spaces Required--Residential

Type of Residential Use Off-Street/On-Street Parking Stalls Required Single and two-family dwellings Parking is not required for residential uses within one-half mile of public transit. In all other cases: Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage.

Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking. Parking is not required for residential uses within one-half mile of public transit. In all other cases: One (1) new parking space shall be provided for each accessory dwelling unit on a lot. The new parking space(s) shall be located on the same lot where the accessory dwelling unit is located, shall not be on the street, and shall be in addition to all existing parking spaces on the lot. Except in the following circumstances: Accessory dwelling units • The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j), as may be amended. • The accessory dwelling unit is located within an architecturally and historically significant historic district. • The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure. • When there is a car share vehicle located within one block of the accessory dwelling unit. Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking. Parking is not required for residential uses within one-half mile of public transit. However, this provision shall not reduce, eliminate, or preclude the enforcement of any state or local requirement imposed on a new multifamily residential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the multifamily residential development. Multiple Family In all other cases: One (1) stall per efficiency unit, one and one half (1.5 stalls per dwelling unit, or two (2) stalls for each unit having three (3) or more bedrooms, plus one (1) stall for every four (4) units for guests. One (1) stall for each unit shall be covered with a garage or carport. Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking. Rooming houses, residence clubs, fraternity and sorority houses One (1) stall for every two (2) occupants plus an additional four (4) stalls.

*Tandem parking shall be permissible in the Residential Uses **EV charging station requirements shall be compliant with the most current California Green Building Code, Title 24. (Ord. No. 427-AC)

HISTORY

(Ord. No. 427-AC)

111.04.07 General Off-Street Parking Requirements

The parking requirements previously listed are minimum. The planning commission may require additional stalls and off-street parking areas deemed necessary to reduce off-street parking congestion, and improve traffic and pedestrian safety within the city.

111.04.08 Calculations Of Fractions Of Parking Stalls

If the calculation for required off-street parking results in a fraction of one-half (1/2) or more of a parking stall, then one (1) parking stall shall be provided. No parking stall is required for fractions of less than one-half (1/2) of a stall. (Ord. No. 427-AC)

111.04.09 Parking Ratios For A Combination Of Entities

Where there is a combination of uses or entities for any-one (1) facility on a parcel, the total required off=street parking shall be the sum of the required parking spaces for each use or entity. The parking provided for one (1) use may not be used to satisfy the parking requirements for another use on the same site, unless all the following conditions are met:

1. Structures on the site clearly can be used only during limited time periods.

2. The uses occur during completely difference periods of time.

3. The city planner determines there will be no conflicts or safety hazards between the proposed uses.

4. A conditional use permit is obtained. (Ord. No. 427-AC)

111.04.10 Other Parking Uses The parking ratio shall be determined by the city planner for uses that are not specifically included or are not closely related to other uses included in the parking space requirement schedule. (Ord. No. 427AC) The city planner may require additional information, such as a parking analysis, a queuing analysis, a noise analysis, or other relatable information in order to analyze the proposed parking. HISTORY Amended by Ord. 663-AC on 10/24/2023 111.04.11 Other Commercial Uses Proposed commercial buildings without uses specified and confirmed (by lease or other legal agreement) shall provide one (1) parking space for every, two hundred fifty (250) square feet of gross floor area. Determining Parking Ratio by Employee Shift. The required minimum number of parking spaces for uses having a parking ratio based upon the number of employees, shall be determined by the employment shift with the greatest number of employees. (Ord. No. 427-AC)

Discretionary Approved projects shall include conditions of approval to prevent project modifications that trigger parking changes such as increasing building square footage, and operational changes such as increasing the number of employees.

1. The owners of adjoining properties may provide parking space in common if said parking area is secured by easement or other sufficient legal document, and provided the total number of parking spaces is equal to the required sum for each individual use or entity.

   1. Shared easement agreements shall run with the land and shall be reviewed by the City Staff and City Attorney prior to recordation.

   2. The easement review and recording fees shall be borne by the applicant.

2. Any use located within a parking assessment district formed under the provisions of this Code need not provide the required parking as specified in this part. (Ord. No. 427-AC) HISTORY Amended by Ord. 663-AC on 10/24/2023 111.04.13 Off-Street Parking Dimension Table All residential parking stalls shall be at least ten (10) feet wide, twenty (20) feet long, with a minimum of twenty-four (24) feet of back-up space. All off-street parking facilities, except residential, shall be designed and installed in accordance with Figure 50-1. (Ord. No. 427-AC) 111.04.14 Compact Car Parking

Amended by Ord. 663-AC on 10/24/2023_ 111.04.13 Off-Street Parking Dimension Table All residential parking stalls shall be at least ten (10) feet wide, twenty (20) feet long, with a minimum of twenty-four (24) feet of back-up space. All off-street parking facilities, except residential, shall be designed and installed in accordance with Figure 50-1. (Ord. No. 427-AC) 111.04.14 Compact Car Parking

In commercial or industrial areas, where at least fifteen (15) parking stalls are provided, compact car parking stall may total up to thirty (30) percent of the required off-street parking. (Ord. No. 427-AC) 111.04.15 Employee Parking

Employee parking stalls shall be designed and located so they are distinct and separate from other parking on the site. Employees shall be prohibited from using off-street parking. (Ord. No. 427-AC) Figure 50-1. Off-Street Parking Dimension Table

111.04.16 Handicap Parking Requirements

1. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall provide accessible parking as required by this section. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance.

2. Number of handicap parking spaces required shall comply with the chart below:

6. Each parking space reserved for persons with physical disabilities shall be identified by a reflectorized sign permanently posted immediately adjacent to and visible from each stall or space, consisting of a profile view of a wheelchair with occupant in white on dark blue background. The sign shall not be smaller than seventy (70) square inches in area and, when in the path of travel, shall be posted at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade. Signs may also be centered on the wall at the interior end of the parking space at a minimum height of thirty-six (36) inches from the parking space finished grade, ground or sidewalk. Van spaces shall have an additional sign “van accessible” mounted below the symbol of accessibility.

7. An additional sign shall also be posted, in a conspicuous place, at each entrance to off-street parking facilities, or immediately adjacent to and visible from each stall or space. The sign shall be not less than seventeen (17) inches by twenty-two (22) inches in size with lettering not less than one (1) inch in height, which clearly and conspicuously states the following:

Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner’s expense. Towed vehicles may be reclaimed at ______________________________________________ or by telephoning _______________________.

111.04.17 Truck Loading And Unloading Space

All retail and wholesale stores, shopping centers, warehouses, supply houses, buildings devoted to manufacturing trade, hotels, hospitals or other buildings where large amounts of goods are received or shipped, shall provide adequate loading and unloading space. The number and minimum dimensions of loading spaces shall be determined by the city planner.

111.04.18 Parking Stall Identification

All parking stalls shall be delineated by a painted line or separated by a divider at least four (4) inches wide by the full length of each stall.

1. Each handicap parking stall shall be delineated by blue painted curb and lines, and by outlining a profile view of a wheelchair with occupant in white on blue background. The profile view shall be located so that it is visible when a vehicle is properly parked in the space and shall be thirty-six (36) inches high by thirty-six (36) inches wide.

2. Each employee parking stall shall be clearly labeled for “employee only.”

3. Each compact car parking stall shall be clearly labeled for “compact car only.”

4. Each guest parking stall shall be clearly labeled for “guest parking only.” (Ord. No. 427-AC)

111.04.19 Protective Wheel Stops

All parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be provided with a permanent curb, bumper, wheel stop or similar device. The stopping edge of such protective wheel stop shall be placed two (2) feet from the edge of the sidewalks, planters or landscaped areas and from any buildings. Where the sidewalks or landscaped areas are specifically designed for automobile overhang and have thirty (30) inches additional depth then, such protective wheel stops may not be required, as determined by the city planner. (Ord. No. 427-AC)

111.04.20 Parking Located Off An Alley

All off-street parking, except parking for single-family and duplex residential uses, shall be designed so vehicles do not back out of the parking area into a public street. Utilizing a public alley for back up space is acceptable. For parcels in residential districts which abut both a street (designated on the city general plan land use map as either a “thoroughfare” or a “collector”) and an improved public alley, the vehicular ingress and egress shall be from the alley, and not from the street. (Ord. No. 427-AC)

111.04.21 Parking In Required Setback Areas

Required off-street parking for any residential use may be located in the required front yard or side yard setback area adjacent to a street. (Ord. No. 427-AC)

111.04.22 Parking Area Surfaces

All parking areas shall be surfaced with portland cement concrete, asphaltic concrete, brick or cobblestones. These surfaces shall be placed upon a base of crushed rock and asphalt millings, built to a thickness meeting the city engineer’s approval. (Ord. No. 427-AC)

111.04.23 Visibility From Parking Lot Drives

Each exit and entrance to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot is clearly visible for a distance of at least ten (10) feet along a walk or footpath intersecting the exit or entrance.

111.04.24 Screening And Landscaping

1. Except for those which serve single-family or two-family dwellings, all outdoor off-street parking spaces shall be screened on all sides where they adjoin, face or are across the street from a residential zone or developed residential properties. The design of all screening is subject to approval by the city planner.

2. Wherever a parking lot is adjacent to a street, a landscaped buffer at least ten (10) feet wide is required. Where the parking lot is adjacent to a side or rear property line or to an alley, a landscaped buffer at least five (5) feet wide is required. The required width of landscaped buffers is exclusive of curbing or allowance for vehicle overhang and is measured from the property line or street or alley right-of-way line.

3. All landscaped areas shall be completely enclosed by a six (6) inch continuous concrete curb. At any point where a curb around a landscaped area serves as a wheel stop, a vehicle overhang allowance of two (2) feet including the width of the curb shall be added to the landscaped area.

4. All portions of the parking area not used for automobile maneuvering and parking or for pedestrian walkways shall be landscaped.

5. All landscaped areas shall be provided with complete irrigation facilities.

6. At least five (5) percent of the interior of all parking areas shall be landscaped. In order to be included in this calculation, all landscaped areas must be at least five (5) feet wide in any dimension, exclusive of curbing and vehicle overhang allowances. Landscaped areas separating side by side parking spaces shall be a minimum of three (3) feet wide exclusive of curbs.

7. Ranks of fifteen (15) or more parking spaces shall be interrupted by a landscaped area at least three (3) feet wide exclusive of curbs. This landscaped area shall occur at intervals no greater than ten (10) spaces.

8. Drought resistant trees and native desert landscaping shall be a major design feature in all parking lots. (Ord. No. 427-AC)

111.04.25 Nonconforming Parking

Any building or entity whose parking area becomes substandard by the adoption of this part, providing that it was lawful prior thereto, shall be considered a nonconforming use. Such nonconforming use may continue. However, approval of the expansion of an on-site building or use, or change of use, which is served by a nonconforming parking lot, will be subject to the applicant providing the required additional parking stalls and areas or said expansion (building or use), or change of use, as stipulated in this part. (Ord. No. 427-AC)

111.04.26 Additional Requirements

The planning commission may make additional requirements in connection with off-street parking areas to protect the character of property in the city. Such regulations may include, but not be limited to, adequate screening by a fence or wall, landscaping or provisions for suitable surfacing and lighting. (Ord. No. 427-AC)

111.05 Loading Areas

1. Each nonresidential use shall provide off-street loading spaces as shown in the following table:

*Apron is an extension of the length of the loading space to provide for maneuvering of trucks. The apron may overlap an alley, driveway, parking aisle, or another loading space, but not a street or parking space.

2. No loading space shall be in a manner that, when occupied, blocks any driveway, parking space or access to a parking space.

3. Any door in a building where such door abuts a vehicular area and provides an opening of eight (8) feet or larger, shall be considered to be a loading door. No loading door or loading dock shall face a public street. All loading doors, loading docks, and truck maneuvering areas, whether required or not, shall be accessible and functional in accordance with truck maneuvering standards. (Ord. No. 427-AC)

Article XII Special Requirements For Certain Uses 112.01 Home Occupations 112.02 Retail Dry Cleaning

112.03 Restaurants Serving Alcoholic Beverages 112.04 Game Machine Arcades 112.05 Conversion Of Hotel, Motel Or Motor Hotel Rooms To Multi-Family Apartment Conversions 112.06 Emergency Shelters And Supportive And Transitional Housing 112.07 Employee Housing

HISTORY

Amended by Ord. 427-AC on 3/4/1996 Amended by Ord. 535-AC on 1/10/2012 Amended by Ord. 622-AC on 8/13/2019 Amended by Ord. 663-AC on 10/24/2023 112.01 Home Occupations

1. Purpose. The purpose of this section is to eliminate the detrimental effects of occupational activities in residential areas by setting forth reasonable and necessary limitations on such activities. 2. Uses Permitted. No home occupation shall be conducted which, in order to be successfully operated, would necessitate exceeding the limitations set forth in this section or any other provision of this part.

2. Limitations.

   1. Any sales activity shall be conducted only by mail or telephone. There shall be no direct sales of products or merchandise from the home, except for cottage food operations, or produce (fruit or vegetables) grown on the property.

   2. The individual responsible for the home occupation shall live in the dwelling.

   3. The space occupied by home occupations shall be limited to one (1) room in a dwelling unit or no more than twenty-five percent of the total square footage of the dwelling, whichever is less. Use of the garage for the home occupation may be permitted if such use does not obstruct required parking. The number of employees permitted by the home occupation shall be no more than one employee per 150 square feet of business space utilized by the home occupation, including the individual living in the dwelling.

   4. There shall be no interior or exterior remodeling or change in appearance of a dwelling in order to accommodate a home occupation.

   5. There shall be no signs, such as public advertising of the business address or other structures except those permitted for a dwelling use in the zone. 6. Employment in a home occupation shall be limited to members of the resident family.

3. There shall be no transportation by commercial vehicle of materials or other items used in or produced by the home occupation, except for those commercial vehicles intended for residential use.

4. A home occupation shall not place any added burden or demand on utility services or community facilities.

   9. A home occupation shall not present any external evidence of nonresidential activity such as by appearance, noise, traffic, vibrations, odors, or lighting. (Ord. 427-AC, (part).).

   10. No accessory building or space outside of the main building shall be used for the home occupation. No outdoor storage, including the storage or parking of vehicles associated with the use, shall be permitted.

   11. Written authorization from the legal property owner approving use of the dwelling for the Home Occupation must be submitted with the application.

5. If the above conditions are maintained, home occupations are permitted in any dwelling through a business license.

1. Limitations. The following requirements shall apply to retail cleaning establishments located in any commercial zone: 1. All cleaning equipment shall utilize a synthetic solvent approved by the National Board of Fire Underwriters, the State Fire Marshall and the San Bernardino County fire wardens office or their designee. 2. The type and structural qualities of the building where such establishment is located shall be inspected and approved by the city’s building official. 3. There shall be not more than two (2) clothes cleaning units in each such establishment and each such unit shall have a rated capacity of not more than forty (40) pounds. (Ord. No. 427-AC, (part).) 112.03 Restaurants Serving Alcoholic Beverages 1. Purpose. The purpose of this section is to distinguish bona fide restaurants which incidentally serve alcoholic beverages from establishments which are primarily cocktail lounges or bars. 2. Requirements. 1. Any restaurant which serves alcoholic beverages and is located in a zone which does not permit cocktail lounges or bars, shall provide such alcoholic beverage service only as an incidental activity to the primary activity of food service. 2. Each such restaurant shall keep records of food sales separate from records of alcoholic beverage sales and make such records available to city inspection personnel for the purpose of enforcing this section. 3. At least fifty (50) percent of the indoor and outdoor area provided for the service of customers shall be arranged and equipped with tables and chairs and/or table-height counters for dining use. Any bar or lounge areas for the separate service of alcoholic beverages shall be separated from dining areas by partitions or fixed screens. (Ord. No. 427-AC, (part).) 112.04 Game Machine Arcades 1. Definitions. "Amusement Device." Any machine, game or device which may be played or operated by the public for amusement or recreation, the use of which is subject to the payment of a fee or is controlled by placing therein coins, slugs, discs, keys or similar devices. This definition includes video games, pinball machines, ski-ball games, shuffleboard games and games and devices of a similar nature. This definition does not include jukeboxes, vending machines and similar devices which do not involve an element of skill or chance. "Game Machine Arcade." An establishment where the predominant activity is the use of amusement devices, or that portion of any other establishment where four (4) or more amusement devices are available to the public. 2. Purposes. 1. It is found that game machine arcades create special problems of noise, congestion, interference with nearby activities, and policing. 2. The purposes of this section are to control the location, size and operation of game machine arcades in order to minimize adverse effects and promote compatibility with surrounding activities to the maximum extent possible. 3. Location and Use Approval. 1. A game machine arcade shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity. 2. A game machine arcade shall be located at least six hundred (600) feet from any school, adult business, or another game machine arcade and at least three hundred (300) feet from any residential zone, cocktail lounge or bar. 4. Design and Operation. A game machine arcade shall be arranged in such a manner that all amusement devices and public spaces can be viewed from a single supervisory or cashier station. A responsible adult employee of the establishment shall be on duty throughout the hours that such establishment is open (Ord. No. 427-AC) 112.05 Conversion Of Hotel, Motel Or Motor Hotel Rooms To Multi-Family Apartment Conversions 1. It shall be unlawful for any owner or operator of a Hotel, Motel or Motor Hotel to rent or let or otherwise provide for compensation, any room or rooms therein to any person or persons for 30 or more days unless such Hotel, Motel or Motor Hotel complies with all development and use standards set forth in subsection (c) of this section and a Conditional Use Permit has been previously obtained pursuant to Section 94.00 through 94.18 of the Needles Municipal Code, converting all such rooms to individual Dwelling Units. 2. Development and Use Standards. Any Hotel, Motel or Motor Hotel applying for a Conditional Use Permit to convert all its rooms to Dwelling Units to allow renting of such Dwelling Units for longer than 30 days shall comply with all the following development and use standards: 1. All rooms in the Hotel, Motel or Motor Hotel must be converted to long term stay (at least thirty (30) days), and all Dwelling Units must meet the standards for Dwelling Units, as stated more fully below. 2. All Dwelling Units shall be available for inspection by City or County officials upon 24 hours written notice of intent to inspect during reasonable business hours. 3. Hotel, Motel or Motor Hotel structures may be expanded by increasing the footprint or the addition of a second story, where none exists, for the purposes of creating Dwelling Units. A Hotel, Motel or Motor Hotel seeking to convert to Dwelling Units pursuant to this Section 112.05, may be expanded by increasing the footprint for the Premises or the addition of a second story, by the granting of a Conditional Use Permit, which shall be based upon a finding by the City that the conditions present on the site are adequate to support the proposed use, protect the surrounding neighborhood meet the intended goals of providing affordable housing, and the development standards established for the zone in which the Premises are located. 4. It shall be unlawful for any tenant or other individual occupying any Dwelling Unit to fail to keep the Dwelling Unit and such other areas as may be assigned to the tenant for the tenant’s exclusive use in a clean and safe condition. Any Dwelling Unit found to be dirty, unhealthy or unsanitary must be cleaned within

velopment standards established for the zone in which the Premises are located. 4. It shall be unlawful for any tenant or other individual occupying any Dwelling Unit to fail to keep the Dwelling Unit and such other areas as may be assigned to the tenant for the tenant’s exclusive use in a clean and safe condition. Any Dwelling Unit found to be dirty, unhealthy or unsanitary must be cleaned within

velopment standards established for the zone in which the Premises are located. 4. It shall be unlawful for any tenant or other individual occupying any Dwelling Unit to fail to keep the Dwelling Unit and such other areas as may be assigned to the tenant for the tenant’s exclusive use in a clean and safe condition. Any Dwelling Unit found to be dirty, unhealthy or unsanitary must be cleaned within twenty-four (24) hours, as determined by the City representative, or the tenants and the owner/operator will be subject to citation and/or other legal remedies under the Needles Municipal Code. 5. All Dwelling Units must meet all the requirements of the International Building Code, Fire Code and Health and Safety Code for residential housing Dwelling Units, and all other standard requirements for residential Dwelling Units, except as provided for herein. 6. Each such Dwelling Unit shall have a living area of no less than 220 square feet for not more than two (2) occupants. An additional 100 square feet is required to be provided for each additional occupant. 7. Each Dwelling Unit shall have a separate closet for clothing. Such closet shall have a door. Another closet or cabinet space shall be provided for dry food storage and storage of cooking utensils and similar items. These facilities shall meet the requirements of the International Building Code. 8. Each Dwelling Unit shall be provided with a separate kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front of said appliance and/or facility. The installation of the sink, cooking appliance and refrigeration facilities shall comply with the International Building Code for such installation within a residential building, including, but not limited to, light, ventilation and fire suppression. Any cooking appliance other than a microwave oven requires special ventilation and construction of walls near the cooking facility as provided for in the Uniform Building Code and the Fire Code. 9. The Dwelling Unit shall be provided with a bathroom containing a sink, toilet, and bathtub or shower or bathtub/shower combination in a separate room from the kitchen facilities. Such separate bathroom shall be provided with a door. 10. The presence of any abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on the Premises containing the Dwelling Units is unlawful for any period in excess of ten (10) days. The owner of the vehicle and/or the owner or operator of the Premises shall be subject to the penalties set forth within this Code. 11. Occupancy must be limited to adults unless otherwise approved by the terms of the Conditional Use Permit, after a finding that sufficient play areas for children in safe areas are incorporated into the design of the Premises, and that the Premises are and will continue to be operated in a manner that is does not expose children to improper surroundings or unhealthy conditions. 12. As a condition of approval, requirements may be set forth for improving the aesthetics and/or cleanliness standards of the Dwelling Units and Premises, including, but not limited to requiring landscaping, outside social areas, play areas, painting of exterior in colors that are harmonious with and enhance the surrounding area, painting interiors of rooms, cleaning or replacing carpeting, tile or other fixtures, or any other reasonable improvement determined by the Planning Commission to be consistent with the intent of this Section. 13. Prior to approval of any conversion of an existing Hotel, Motel or Motor Hotel to long term residences, all transient occupancy taxes must be current.

and enhance the surrounding area, painting interiors of rooms, cleaning or replacing carpeting, tile or other fixtures, or any other reasonable improvement determined by the Planning Commission to be consistent with the intent of this Section. 13. Prior to approval of any conversion of an existing Hotel, Motel or Motor Hotel to long term residences, all transient occupancy taxes must be current.

14. Parking requirements to be consistent with Needles Municipal Code requirements. Parking must be under common ownership with the residential Premises.

15. The Dwelling Unit shall be used for residential purposes only. No commercial uses may take place within the Dwelling Unit or on the Premises, except the operation of the Dwelling Units and any licensed store, restaurant or lounge approved therewith. No owner or operator may sell any liquor or tobacco or operate any other business on the Premises without being licensed to do so.

16. No Dwelling Unit may hold a garage or yard sale on the Premises, or hang laundry or clothing, have a barbecue grill, furniture or other personal items on the outside of the Dwelling Unit. Exceptions to this requirement may be made, and included in the Conditional Use Permit, after a finding that sufficient space exists to provide for outdoor furniture or barbeque grills,

consistent with the International Building Code and the Fire Code.

17. The tenant shall ensure that the Dwelling Unit is kept in a clean and sanitary condition so as not to encourage rodents or other pests or create any fire hazards or unsightly appearance inside or outside of the Dwelling Unit which tends to be a threat to the health, safety or welfare of the residents of the Premises or decrease the surrounding property values.

18. The owner and/or operator of the Premises shall comply with reasonable conditions imposed by the Planning Commission as a requirement of the Conditional Use Permit and/or under the Housing Code, Building code and Health and Safety Codes including, but not limited to, the following:

19. maintain the Dwelling Unit and the Premises in decent, safe and sanitary condition;

20. comply with requirements of applicable building codes, and housing codes materially affecting health and safety;

21. make necessary repairs to the Dwelling Unit;

22. keep the Premises, facilities and common areas, not otherwise assigned to the tenant for maintenance and upkeep, in a clean and safe condition;

23. maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances, including elevators, supplied or required to be supplied by the owner and/or operator;

24. provide and maintain appropriate refuse receptables for the deposit of ashes, garbage, rubbish and other waste removed from the Dwelling Unit by the tenant, in a centrally located area on the Premises. The receptacles shall not be visible from the nearby street or adjoining properties and shall be fully enclosed. Refuse shall not be permitted at a height greater than the enclosure in accordance; and

vide and maintain appropriate refuse receptables for the deposit of ashes, garbage, rubbish and other waste removed from the Dwelling Unit by the tenant, in a centrally located area on the Premises. The receptacles shall not be visible from the nearby street or adjoining properties and shall be fully enclosed. Refuse shall not be permitted at a height greater than the enclosure in accordance; and

7. supply running water and reasonable amounts of hot water and reasonable amounts of heat at appropriate times of the year (according to local custom and usage).

8. The owner, operator, tenant or other occupants of any room or rooms on the Premises or any part thereof, may be held responsible for any violation of the conditions and suffer the penalties and be subject to the remedies as outlined in Article XVIII of the Needles City Zoning Code.

112.06 Emergency Shelters And Supportive And Transitional Housing

1. Definitions.

• "Adult Care Facilities" means facilities that provide housing and care for adults, who have physical or mental limitations that restrict their ability to live independently. They offer assistance with personal care, social and recreational activities, and training in self-help skills.

"Disabled housing" means a range of housing types that address the diverse needs and preferences of persons with disabilities.

"Elderly housing" means housing intended for and only occupied by persons 62 years of age or older.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (as defined by California Health and Safety Code Section 50801(e)).

• "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (as defined by Government Code Section 65582) Supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (as defined by Government Code Section 65582).

tal Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (as defined by Government Code Section 65582).

• "Transitional housing" means a building or buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance (as defined by Section 50675.2 of the Health and Safety Code). Transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional housing does not include state licensed residential care facilities.

2. Emergency Shelters.

1. Purpose and Intent. It is the purpose of this section to facilitate and encourage the provision of emergency shelters for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the zones identified in the “Table of Permissible Uses” zoning districts, subject only to the same development standards that apply to other permitted uses in the same zones, except for the following requirements unique to emergency shelters, as authorized by Government Code Section 65583(a)(4).

2. Permit Requirements.

   1. Emergency shelter facilities shall comply with all federal and California State licensing requirements.

3. Emergency shelter facilities shall comply with all applicable Uniform Building Codes, Plumbing Codes and Fire Codes, including maximum occupancy restrictions.

4. Minimum Site Design and Development Standards. An emergency shelter is subject to all property development standards of the zoning district in which it is located except as modified by the following standards:

   1. The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-four (34).

   2. Off-street parking shall include one (1) vehicle parking space per employee on the largest shift. A covered and secure area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.

   3. Exterior lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public right-of-way, and of an intensity compatible with the neighborhood.

   4. Security shall be provided for residents, visitors and employees during the hours that the emergency shelter is in operation.

   5. On-site management shall be provided. The agency or organization operating the shelter shall comply with the following requirements:

5. Temporary shelters shall be available to residents for more than six (6) months within a twelve (12) month period. The days of stay need not be consecutive.

   2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

   3. The provider shall have a written management plan including, as applicable provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling and treatment programs for residents.

   4. Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

   5. Laundry facilities or services shall be provided that are adequate for the number of residents.

   6. Emergency shelter facilities shall provide a refuse storage area that is completely enclosed with masonry walls not less than five (5) feet high with a solid-gated opening that is large enough to accommodate standard-sized trash and recycling bins, or other enclosures as approved by the Director of Community Development. The refuse enclosure shall be accessible to refuse collection vehicles.

   7. The facility may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

      1. Central cooking and dining room(s).

      2. Recreation room.

      3. Counseling center.

      4. Child care facilities.

      5. Other supportive services.

   8. Organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 9:00 p.m. for noise abatement purposes.

   9. No individual or household shall be denied emergency shelter because of an inability to pay. (Ord 622-AC)

HISTORY Amended by Ord. 663-AC on 10/24/2023 112.07 Employee Housing

1. Qualified employee housing providing accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.

2. Qualified employee housing providing accommodations for seven or more employees and consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent agricultural zone within a City approved Sectional Planning Area plan or Specific Plan. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other agricultural activity in the same zone.

HISTORY Adopted by Ord. 663-AC on 10/24/2023 Article XIII Recreational Vehicle (RV) Parks 113.00 Recreational Vehicle Parks

(Ord. No. 427-AC)

113.00 Recreational Vehicle Parks

1. General.

   1. Recreational vehicle parks shall be permitted in the CRR (commercial residential resort) zone with a special use permit.

2. Recreational vehicle parks may be permitted in some residential zones and the C-3 (highway commercial) zone with an approved conditional use permit.

3. Application Process--Procedures.

   1. The plan proposal submitted to the planning department shall include facilities or any other provision required by and acceptable for approval by the state and local health departments and any other jurisdictional agency to whom it will be submitted for review.

   2. Ten (10) copies of the plans and all necessary fees shall be deposited with the planning department for distribution to the city engineer and other jurisdictional agencies for their evaluation prior to approval or hearing by the planning commission.

   3. RV park plans shall be prepared, stamped and signed by a California registered engineer in accordance with California state statutes and rules. 4. If a zone change or conditional use permit is required, the necessary applications, fees and other material may be submitted for processing simultaneously with the RV park plans. If desired or appropriate, the developer/applicant may elect to have any zoning action processed and heard by the planning commission and city council prior to submittal of the RV park plans. In addition to any zoning action, park plans must be approved by the city council after receiving a recommendation from the planning commission.

   • Within fifteen (15) days from deposit of the park plan, the city planner or his designee shall review the park plan, preferably with the subdivider, as it relates to the following:

     1. City general plan;

     2. Suitability of the site for development proposed;

     3. The improvements, design and dedications required by these regulations and those of other jurisdictions;

     4. Zoning requirements;

     5. All information, documents, maps and fees including evaluations by the various agencies/departments shall be submitted to the city planner at least ten (10) working days prior to the next planning commission meeting date;

     6. Fee. Two hundred fifty dollars ($250.00) plus one dollar ($1.00) for each RV space;

4. Any substantial changes in design, after approval by the planning commission, shall invalidate that approval, and the plan shall be reprocessed as a new proposal; 8. Approval by the planning commission and the city council shall be conditioned on approval by the other jurisdictional reviewing agencies.

5. Plan Design and Format. All applications for recreational vehicle parks shall contain the following: complete park plans and specifications of the RV park depicting but not limited to:

   1. Names and addresses of the applicant(s), owner(s), and project engineer;

6. Title and vicinity map showing the location and legal description of the park including the location of existing roads, existing or proposed access to the park and the nature and status of the access road;

7. North arrow, date of preparation, scale, source and date of topography information as established by field or aerial survey methods;

8. The complete boundary of the park, area and dimensions of the tract of land and the density of the park;

9. Existing (and proposed) zoning and location of any existing development or structures within the park boundary;

10. Proposed method and source of water supply, sewage disposal, fire protection, electricity, phone, etc. (general statement);

11. Number, location, dimensions, and sizes of all spaces. Each space shall be numbered;

12. Location and width dimensions of all roadways, walkways, and the entrance/exit way including the access road;

13. Location and amount of parking and/or storage area;

14. Location, size and description of the recreation area(s) or other amenities;

15. Drainage arrows depicting direction of drainage flows;

16. Location of water and sewer lines, riser pipes, fire hydrants (if applicable) and the electrical layout and proposed lighting;

17. Dimension, location and nature of all buildings or facilities to be constructed in the park;

18. Plans and specifications of the water supply, refuse and sewage disposal and sanitary facilities;

19. Engineer’s stamp and date of preparation.

20. Additional Accompanying Materials. The following material shall accompany the submittal of all RV park plans. If this data is not on the park plan, ten (10) copies are required. 1. A statement regarding the nature of the proposed improvements within the park, including but not limited to roadways, parking areas, access road, method of sewage disposal, water supply and distribution, screening, landscaping and extent and nature of recreational facilities;

    2. A description of how streets and spaces will be numbered or identified for emergency vehicle response;

    3. A descriptive statement of the design concept and traffic circulation system of the park;

    4. Rezone or conditional use permit application and fees, if applicable;

    5. Drainage report.

21. Park Design and Improvement Standards.

    1. Environmental Requirements.

22. General. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed, in the opinion of the planning commission, to objectionable smoke, noise, odors or other adverse influences, and not portion subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

    2. Site drainage. The ground surface in all parts of every recreational vehicle park shall be graded and equipped to drain all surface water in a safe, efficient manner.

23. Recreational parks shall be a minimum of three (3) gross acres.

24. RV Space Dimensions. The following dimensions and standards shall apply to RV spaces:

Overnight and compact spaces may comprise no more than twenty (20) percent (one-fifth (1/5)) of the total number of recreational vehicle spaces within the park. Overnight spaces shall be located to facilitate entry to and exit from the park without being in conflict with the primary park users and area.

Compact spaces shall be limited to trailer-tents, vans, compact trailers and rigs of similar size requiring lesser area.

1. Lot measurements: measured width and depth on perpendicular distance between the side lot lines and the front and rear lot lines, respectively.

2. Each lot shall be accessible from an approved private street or accessway.

3. Each recreational park shall have access on a major collector or larger street.

4. Recreational Vehicular Separation and Set-backs.

Separations. Recreational vehicles and any portion thereof shall be separated from each other and from other buildings and structures by at least ten (10) feet on all sides. Parking pads for recreational vehicles shall be so arranged as to comply with the requirements for a ten (10) foot separation between recreational vehicles as well as the required RV space setback.

Setbacks.

1. No lot or space shall be located within fifty (50) feet of the right-of-way line at any major street or within twenty-five (25) feet of the right-of-way line of any major street unless such space is adequately screened from the street.

2. The minimum space setback for recreational vehicles shall be observed as follows:

Front: five (5) feet.

Side: three (3) feet. If the side fronts on an interior street, the side back shall be five (5) feet.

Rear: three (3) feet. If the space is designed as a drive-through space, then five (5) feet shall be the minimum setback for the area.

5. Lot Improvements. Each space shall be provided water from a controlled water system, each space shall be provided sewage disposal from a central community sewage disposal system, and each space shall be provided electricity.

Each space shall have paved parking pad to be a minimum of ten (10) feet in width by a minimum of forty (40) feet in length (ten (10) feet by forty (40) feet and shall extend to the street. Where drive-through spaces are provided, said paved pads shall extend across the space from street to street. “Compact” and “overnight” spaces shall be paved or graveled parking pad with a minimum width of ten (10) feet and a minimum length of thirty (30) feet.

If provided, barbecue pits or fire rings and related setbacks thereof shall be subject to approval by the governing fire district.

6. RV Park Density. The overall maximum allowed density permitted for recreational vehicle parks shall be twenty (20) recreational vehicle spaces per acre (less area proposed for manager’s residence, dedicated rights-of-way.)

7. Recreational Area Requirements. Recreational and/or usable common, open areas shall be provided and conveniently accessible to all park guests and shall be no less than seven (7) percent of the total park area. Floor space in enclosed or open recreation halls and/or recreational amenities may be included in the requirement. The recreation open area requirements shall not include parking, streets, or incidental landscaped or open parcels not suitable or intended for recreational use. 8. Screening.

8. A solid masonry wall having a minimum thickness of six (6) inches and height of six (6) feet shall be installed and maintained along the setback line where a property line abuts an arterial street or residential property.

9. A six (6) foot high opaque screen shall be provided along all setback lines where the property abuts any collector or lessor streets and along the property lines where the property abuts an alley and/or common interior lot line. The opaque screen may consist of a wall or a fence having an approved hedge or plant screen.

10. The height of a wall shall be measured from the highest grade level. 4. In cases where “overnight” and/or tent spaces are provided, acceptable screening shall be provided to the extent necessary to screen and separate these types of spaces from the primary portion of the RV park.

11. Landscaping. 1. The setback between a required wall and property line shall be landscaped. 2. All common outdoor recreational living spaces shall be landscaped except for pools, shuffleboards and similar open recreational facilities. 3. All required landscaping shall be maintained with a permanent watering system. 4. A landscaping plan depicting the screening and landscaping scheme for all required landscaped areas shall be submitted. Where trees and shrubbery are required or used in recreational areas, said landscaping plan shall indicate the plant type, size, quantity and spacing.

12. Parking. 1. No on-street parking shall be allowed with any RV park. 2. Adequate off-street parking shall be provided for automobiles, boats, etc. One (1) space for every two (2) lots shall be the minimum provided. Additional parking spaces or added storage area may be required by the planning commission when warranted by special conditions or circumstances such as but not necessarily limited to, the size, nature and location of the park.

13. Each RV space shall have adequate room for at least one (1) parking space in addition to the RV pad.

14. Streets and Access--Park Street System. 1. Access to recreational vehicle park lots shall be internal private drive only. No lot shall have direct access to a public street or way. 2. Entrances to recreational vehicle parks shall be designed to minimize congestion and traffic hazards through designated driveways and allow free movement of traffic on adjacent streets.

15. Park street width shall be at least twenty (20) feet if one (1) way and twenty-four (24) feet if two (2) way.

16. All internal streets must be improved to minimum applicable city standards for paved streets (except width). Specific required standards as determined by the planning commission shall relate to and depend on (but not limited to) such factors as park size, site character, density, drainage, site (soils) type, character and use of surrounding lands, amount of park traffic, proximity to urban or developed areas, input from the city engineer, etc. 5. Dead-end streets shall be limited to serve no more than twelve (12) lots and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least sixty (60) feet. 12. For parks with roads serving more than twelve (12) sites, these roads shall be continuous and return to a public road or way. 13. Service Buildings (where applicable). 1. All service buildings shall be convenient to the units which they serve, and shall be maintained in a clean and sanitary condition. 2. All service buildings shall be of permanent construction and in accordance with local requirements. 3. Facilities in service buildings such as lavatories, toilets, showers, etc., shall be provided and constructed in accordance with state and local health department requirements. 14. Sanitary Stations (where provided). 1. Sufficient facilities shall be provided for sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks in a clean, efficient and convenient manner. 2. Sanitary stations shall be approved by the county health department. (Ord. 427-AC) Article XIV Mobile-Home Parks 114.00 Mobile-Home Parks (Ord. No. 427-AC) 114.00 Mobile-Home Parks 1. General. 1. Mobile-home parks shall be permitted in the CRR (commercial residential resort) zone. 2. Mobile-home parks may be permitted in any residential zone and the C-3 (highway commercial) zone with an approved conditional use permit. 2. Application Process--Procedures. 1. All proposals submitted to the planning department and city shall be in a form required by and acceptable to, pursuant to city requirements, the provisions of CEQA (California Environmental Quality Act), state and local health departments, and other jurisdictions to whom it will be submitted. 2. City Permits. A city building permit, and if required, a conditional use permit, shall be required for a mobile-home park. 3. Any substantial changes in design after approval by the planning commission shall invalidate that approval, and the plan shall be reprocessed as a new proposal. 4. Open storage of materials or belongings is prohibited. 3. All applications for mobile-home parks shall contain the following, on or with the map submitted: 1. Names and addresses of applicant(s), property owner(s), designer and engineer, if applicable; 2. Location and legal description of proposed park; 3. Plans and specifications showing, but not necessarily limited to the following (ten (10) copies of plans to be submitted): 1. Area and dimensions of the tract of land, 2. Number, location and size of all lots. Each lot shall be numbered, and the dimensions of all measurements shown, 3. Location and width of all roadways and walkways, 4. Proposed method for collection and disposal of solid waste, 5. Location of all water and sewer lines and riser pipes, 6. Plans and specifications for the water supply, sanitary sewer lines, and sewage disposal facilities (as required by the State Health Department), 7. Dimensions and locations of all buildings to be constructed within the park, 8. General location of lighting and electrical systems, 9. Topographic map and drainage plan shall be submitted, 10. The plan shall be drawn at a scale of either one (1) inch equals fifty (50) feet, one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred (200) feet, 11. Fee: three hundred dollars ($300.00) plus two dollars ($2.00) for each mobile-home lot; 4. If a conditional use permit is required, complete information, including evaluations by the various departments responsible for reports, shall be received by the planning staff at least ten (10) working days prior to the next planning commission meeting date; 5. Recreational vehicles in mobile-home parks; designated areas: 1. In any new mobile-home park that is developed after January 1, 1982, mobile-home spaces shall not be rented for the accommodation of recreational vehicles unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart from the area designated for mobile-homes. Recreational vehicles may be located only in the specifically designated area. 2. Any new mobile-home park that is developed after January 1, 1982, is not subject to the provisions of subsection (c) (5) (A) of this section until seventy-five (75) percent of the spaces have been rented for the first time. 4. Environmental Requirements. 1. General. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health and safety of the occupants. The site shall not be exposed, in the opinion of the planning commission, to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. 2. Site Drainage. The ground surface in all parts of every mobile-home park shall be graded and equipped to drain all surface water in a safe, efficient manner. 5. Mobile-Home Park Design Standards. 1. Minimum Parcel Size and Allowable Density. 1. Mobile-home parks shall be a minimum of five (5) gross acres. Variation may be allowed by a conditional use permit. 2. The maximum permitted density shall be ten (10) units per gross acre.

in all parts of every mobile-home park shall be graded and equipped to drain all surface water in a safe, efficient manner. 5. Mobile-Home Park Design Standards. 1. Minimum Parcel Size and Allowable Density. 1. Mobile-home parks shall be a minimum of five (5) gross acres. Variation may be allowed by a conditional use permit. 2. The maximum permitted density shall be ten (10) units per gross acre.

2. Access and Streets. 1. Site Access. 1. Each mobile-home park shall have access on a major collector or larger street.

3. Mobile-home parks shall have secondary access for emergency service vehicles unless specifically waived by the planning commission. Said secondary access may be barricaded in a manner approved by the fire chief.

2. Park Street System.

  1. Access to mobile-home lots shall be by internal drive only. No lot shall have direct access to a public street or way. 

  2. Entrances to mobile-home parks shall be designed to minimize congestion and traffic hazards through designated driveways and to allow free traffic movement on adjacent streets. 

  3. Minimum street width for all streets within a mobile-home park shall be twenty-five (25) feet. 

  4. The construction of base paving, curbs and gutters on all private streets shall be approved by the city engineer. 

  5. The surface drainage along the street within the mobile home park shall be by means of concrete gutters. 

  6. A lighting system shall be installed along all streets, said lighting systems to be approved by city staff. 

3. Screening Requirements. 1. A solid masonry wall having a minimal thickness of six (6) inches and height of six (6) feet shall be installed and maintained along the setback line where a property line abuts an arterial street or residential zone.

4. A six (6) foot high opaque screen shall be provided along all setback lines where the property abuts any collector or lesser streets and along the property lines where the property abuts an alley and/or common interior lot line. The opaque screen may consist of a wall or a fence having an approved hedge or plant screen.

5. The height of a wall or fence shall be measured from the highest grade level.

6. Setback Requirements.

   1. Where exterior property lines abut a street there shall be a minimum building setback of ten (10) feet.

   2. Where exterior property lines do not abut a street there shall be a minimum building set back of five (5) feet.

7. The minimum distance required for the separation of a mobile-home from a building shall be ten (10) feet. 4. The minimum distance required for the separation of a mobile-home from any other mobile-home shall be: ten (10) feet from side to side, eight (8) feet from side to rear, and six (6) feet from rear to rear; provided, however that each mobile-home shall not be located closer than three (3) feet from the rear or side mobile-home lot line.

8. Accessory structure including awnings and carports shall not be located closer than three (3) feet from a lot or property line.

9. Parking.

   1. No on-street parking shall be allowed within any mobile-home park.

10. Adequate off-street parking shall be provided for automobiles, boats, etc.

11. If desired, parking may be provided in a central location, convenient to all homes, for use by visitors and residents. Such parking area must be paved and adequately illuminated at night. One (1) of the two (2) required parking spaces for each lot may be located in such a parking areas.

12. Landscaping.

    1. The setback between a required wall and property line shall be landscaped.

    2. All common outdoor recreational living spaces shall be landscaped except for pools, shuffleboards and similar open recreational facilities.

    3. Each occupied space shall contain at least one (1) live fifteen (15) gallon tree.

    4. All required landscaping shall be maintained with a permanent watering system.

13. A landscaping plan depicting the screening and landscaping scheme for all required landscaped areas shall be submitted. Where trees and shrubbery are required or used in recreational areas, said landscaping plan shall indicate the plant type, size, quantity and spacing.

14. Recreational Areas. 1. Common recreational areas shall be provided for the benefit of residents based on the minimum standard of two hundred (200) square feet of recreational area for each permitted mobile-home space.

15. Recreation areas shall be so located as to be free of traffic hazards, and shall, where topography permits, be centrally located or adjacent to existing waterway.

16. Park Accessory Building. 1. All accessory buildings and uses such as laundromats, maintenance buildings, and refuse collection areas, shall be convenient to the units they service, and shall be maintained in a clean and sanitary condition.

17. Trash storage areas shall be provided and distributed throughout the park. Said trash storage areas shall be screened from public view by a solid wall. 3. All accessory buildings shall be of permanent construction.

    4. Such accessory buildings shall require a city building permit.

18. Signs.

    1. All signs shall conform to the provisions of the city sign ordinance.

19. All utilities shall be underground. (Ord.427-AC)

Article XV Nonconforming Situations 115.00 Continuation Of Nonconforming Situations 115.01 Nonconforming Lots 115.02 Extension Or Enlargement Of Nonconforming Situations 115.03 Repair, Maintenance And Reconstruction 115.04 Change In Use Of Property Where A Nonconforming Situation Exists 115.05 Abandonment And Discontinuance Of Nonconforming Situation 115.06 Completion Of Nonconforming Projects

(Ord. No. 427-AC)

115.00 Continuation Of Nonconforming Situations

Unless otherwise specifically provided in this part and subject to the restrictions and qualifications set forth in sections 115.01 through 115.06, nonconforming situations that were otherwise lawful on the effective date of this part may be continued. (Ord. 427-AC) 115.01 Nonconforming Lots

1. Determination of Nonconforming Status. A nonconforming lot of record that does not comply with the current access, area, or dimensional requirements of this title for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. The applicant shall be responsible for providing sufficient evidence to establish the applicability of one or more of the following to the satisfaction of the Development Services Director or their designee.

   1. Approved Subdivision. The lot was created through a subdivision approved by the City or the County, before incorporation.

   2. Individual Lot Legally Created by Deed. The lot is under one ownership and record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the lot nonconforming or before the City adopted regulations requiring a Parcel Map for minor subdivisions.

2. Variance or Lot Line Adjustment. The lot was approved through the variance procedure or its current configuration resulted from a lot line adjustment. 4. Partial Government Acquisition. The lot was created in conformity with the provisions of this title, but was made nonconforming when a portion of the lot was acquired by a governmental entity.

3. When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the entity authorized by this part to issue a permit for the proposed use (the city planner, planning commission, or council) may allow deviations from the applicable setback requirements if it finds that: 1. The property cannot reasonably be developed for the use proposed without such deviations;

   2. These deviations are necessitated by the size or shape of the nonconforming lot; and

   3. The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

4. For purposes of subsection (c) of this section, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

5. This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished.

6. Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section.

7. Parking. The City shall not require additional parking stalls for residential uses proposed on nonconforming lots. (Ord. 427-AC)

HISTORY Amended by Ord. 663-AC on 10/24/2023 115.02 Extension Or Enlargement Of Nonconforming Situations

1. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. Physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

   1. An increase in the total amount of space devoted to a nonconforming use; or

   2. Greater nonconformity with respect to dimensional restrictions such as setback requirement, height limitations or density requirements or other requirements such as parking requirements.

2. Subject to subsection (d) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this part, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

3. Subject to Section 115.06 (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a sand pit) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if ten (10) percent or more of the earth products had already been removed on the effective date of this part.

4. The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other subsections of this section occur.

5. Notwithstanding subsection (a) of this section, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities with respect to such matters as setback and parking requirements. This subsection is subject to the limitations stated in section 115.05 (abandonment and discontinuance of nonconforming situations).

tial purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities with respect to such matters as setback and parking requirements. This subsection is subject to the limitations stated in section 115.05 (abandonment and discontinuance of nonconforming situations).

6. Notwithstanding subsection (a) of this section, whenever: (1) there exists a lot with one (1) or more structures on it; and (2) a change in lot use that does not involve any enlargement of a structure is proposed for such lot; and (3) the parking and loading requirements that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking and loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land and shall also be required to obtain satellite parking if: (1) parking requirements cannot be satisfied on the lot with respect to which the permit is required; and (2) such satellite parking is reasonably available.

7. If such satellite parking is not reasonably available at the time of zoning or special or conditional use permit is granted then the permit recipient shall be required to obtain it when it does become reasonably available. This requirement shall be a continuing condition of the permit. (Ord. 427-AC)

115.03 Repair, Maintenance And Reconstruction

1. Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than twenty-five (25) percent of the appraised valuation of the structure to be renovated may be done only in accordance with a zoning permit issued pursuant to this section.

2. If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed twenty-five (25) percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning permit as they may be enlarged or replaced as provided in section 115.02.

3. For purpose of subsections (a) and (b) of this section:

   1. The “cost” of renovation, repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement. 2. The “cost” of renovation, repair or replacement shall mean the cost of all such intended work, and no person may seek to avoid the intent of subsections (a) or (b) of this section, by doing such work incrementally.

4. The “appraised valuation” shall mean the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation determined by a professionally recognized property appraiser.

5. The city planner shall issue a permit authorized by this section if he or she finds that, in completing the renovation, repair or replacement work:

   1. No violation of section 115.02 will occur; and

   2. The permittee will comply to the extent reasonably possible with all provisions of this part applicable to the existing use (except that the permittee shall not lose his right to continue nonconforming use).

6. Compliance with a requirement of this part is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. (Ord. 427-AC)

115.04 Change In Use Of Property Where A Nonconforming Situation Exists

1. A change in the use of property (where a nonconforming situation exists) that is sufficiently substantial to require a new zoning, special use, or conditional use permit may not be made except in accordance with subsections (b) through (d) of this section. However, this requirement shall not apply if only a sign permit is needed.

2. If the intended change in use is to a principal use that is permissible in the district where the property is located, and all the other requirements of this part is applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this part is achieved, the property may not revert to its nonconforming status.

3. If the intended change in use is to a principal use that is permissible in the district where the property is located, but all the requirements of this par applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this part to issue a permit authorizes the change. This permit may be issued if the permit-issuing authority finds, in addition to any other findings that may be required by this part, that:

   1. The intended change will not result in a violation of section 115.02; and

4. All the applicable requirements of this part that can be reasonably complied with will be complied with. Compliance with a requirement of this part is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformities would thereby be created.

   4. If the intended change in use is to another principal that is also nonconforming, then the change is permissible if the entity authorized by this part to issue a permit for that particular use (council) issues a permit authorizing the change. The permit-issuing authority may issue the permit if it finds, in addition to other findings that may be required by this part, that:

      1. The use requested is one (1) that is permissible in some zoning districts with either a zoning, special use, or conditional use permit; and

      2. All the conditions applicable to the permit authorized in subsection (c) of this section are satisfied; and

5. The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for. (Ord. 427-AC)

115.05 Abandonment And Discontinuance Of Nonconforming Situation

1. When a nonconforming use is: (1) discontinued for a consecutive period of one hundred eighty (180) days; or (2) discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may therefore be used only for conforming purposes.

2. If the principal activity on property where a nonconforming situation other than a nonconforming use exists is: (1) discontinued for a consecutive period of one hundred eighty (180) days; or (2) discontinued for any period of time without present intention resuming that activity, then the property may thereafter be used only in conformity with all of the regulations applicable in the preexisting use unless the entity with authority to issue a permit for the intended use issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations. This permit may be issued if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.

ons. This permit may be issued if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.

3. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all the buildings, activities, and operations maintained on a lot are generally to be considered. For example, the failure to rent one (1) apartment in a nonconforming apartment building for one hundred eighty (180) days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

4. When a structure or operation made nonconforming by this part is vacant or discontinued at the effective date of this part, the one hundred eighty (180) day period for purposes of this section begins to run on the effective date of this part. (Ord. 427-AC)

115.06 Completion Of Nonconforming Projects

1. All nonconforming projects on which construction was begun at least one hundred eighty (180) days before the effective date of this part, as well as all nonconforming projects that are at least ten (10) percent completed in terms of the total expected cost of the project on the effective date of this part may be completed in accordance with the terms of their permits, so long as these permits were validity issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the specific phase under construction.

2. Except as provided in subsection (a) of this section, all work on any nonconforming project shall cease on the effective date of this part, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a zoning, special use, conditional use, or sign permit issued in accordance with this section by the individual or board authorized by this part to issue permits for the type of development proposed. The permit-issuing authority shall issue such a permit if it finds that the applicant has, in good faith, made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this part and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these finds may be made, the permit-issuing authority shall be guided by the following, as well as other relevant considerations:

therwise changed his position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this part and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these finds may be made, the permit-issuing authority shall be guided by the following, as well as other relevant considerations:

  1. All expenditures made to obtain or pursuant to a validly issued and unrevoked building, zoning, sign or special or conditional use permit shall be considered as evidence of reasonable reliance on the land use law that existed before this part became effective. 

  2. Except as provided in subsection (b) (1) of this section, no expenditures made more than one hundred eighty (180) days before the effective date of this part may be considered as evidence of reasonable reliance on the land use law that existed before this part became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure. 

  3. To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property. 

  4. To the extent that a nonconforming project can be made conforming and that expenditures made, or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures. 

5. An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of: (A) the total estimated cost of the proposed project; and (B) the ordinary business practices of the developer.

   6. A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attributed to him. 7. Even though a person had actual knowledge of a proposed change in the land use law affecting a development site, the permit-issuing authority may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The permit-issuing authority may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that; (A) at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development; and (B) the developer had legitimate business reasons for making expenditures.

eloper did not proceed in an attempt to undermine the proposed ordinance if it determines that; (A) at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development; and (B) the developer had legitimate business reasons for making expenditures.

3. When it appears from the developer’s plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under subsection (b) of this section. In addition to the matters and subject to the guidelines set forth in subsections (b)(1) through (6) of this section, the permit-issuing authority shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a nonconforming project, consider the following in addition to other relevant factors:

4. Whether any plans prepared or approved regarding uncompleted phases constitute conceptual plans only or construction drawings based upon detailed surveying, architectural, or engineering work;

5. Whether any improvements, such as streets or utilities, have been installed in phases not yet completed, 3. Whether utilities and other facilities installed in completed phases have been constructed in such a manner or location or such a scale, in anticipation of connection to or interrelationship with approved but uncompleted phases, that the investment in such utilities or other facilities cannot be recouped if such approved but uncompleted phases are constructed in conformity with existing regulations.

6. The permit-issuing authority shall not consider any application for the permit authorized by subsection (b) of this section that is submitted more than sixty (60) days after the effective date of this part. The permit-issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one (1) year.

7. The city planner shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than fifteen (15) days before the effective date of this part.

8. The permit-issuing authority shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this part, so that construction work is not needlessly interrupted. (Ord. 427-AC) Article XVI Change Of Zone And Pre-Zoning 116.00 Zone Change 116.01 Pre-Zoning (Ord. No. 427-AC) 116.00 Zone Change

permit-issuing authority shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this part, so that construction work is not needlessly interrupted. (Ord. 427-AC) Article XVI Change Of Zone And Pre-Zoning 116.00 Zone Change 116.01 Pre-Zoning (Ord. No. 427-AC) 116.00 Zone Change

1. Any ordinance which changes any property from one (1) zone to another shall be considered in accordance with the procedures set forth in this section.

2. Initiation. A zone change may be initiated by order of the city council or the planning commission, or by application of the owner of affected property or an agent of said owner authorized in writing. 3. Commission Hearing. On a proposed zone change, at least one (1) public hearing shall be held by the planning commission. Notice of such hearing shall be given by notice to property owners within three hundred (300) feet.

3. Commission Recommendation. The planning commission shall make written findings and recommendations to the city council on each proposed zone change. Such report shall include: 1. Explanation of the relationship to the general plan and any applicable specific plans; 2. Consideration of the effect of the proposal on the housing needs of the region balanced against the public service needs of city residents and the fiscal and environmental resources available.

4. Further Action or Appeal. 1. If the planning commission recommends against a proposed zone change, no further action by the city council is required unless an appeal is filed. 2. If the planning commission recommends approval of a zone change, the city council shall take action on such recommendation.

5. Council Hearing. 1. If the city council considers a proposed zone change, at least one (1) hearing shall be held. Notice of such hearing shall be given by notice to property owners within three hundred (300) feet.

6. If the city council proposes any modification from the commission recommendation which was not previously considered by the commission, the proposal shall be referred back to the commission for report and recommendation, but further commission hearing is not required.

7. Council Action. Action to adopt a zone change shall be by ordinance. When an ordinance for a zone change has been considered by the council but not adopted within one (1) year of introduction, the proceeding shall be considered null and void. New proceedings must be initiated in order to consider the matter further. (Ord. 427-AC)

116.01 Pre-Zoning 1. The city may pre-zone areas outside the city for the purpose of determining the zoning that will apply to such property in the event of annexation to the city. Such zoning shall become effective when property is annexed.

2. In any petition for the annexation of property to the city, the petitioner shall request in his petition how he desires the property to be zoned, provided the same is annexed by the city. Copies of the petition shall be filed with the city planning commission, and the planning commission may immediately give notice of its intention to consider the petition for annexation and for zoning the property as requested at two (2) hearings before the planning commission. Said notice shall be by one (1) publication by a newspaper circulated in the city giving notice of its intention to recommend annexation and recommend the zoning of the property if annexation is completed. Notice shall be so given by publication at least ten (10) days prior to the first hearing, the planning commission shall make its recommendation to the city council by resolution. The recommendation of the planning commission shall be final, unless an appeal to the city council is made within thirty (30) days, or the city council may act upon the matter without such an appeal, if done so within forty-five (45) days from the date of the recommendation. After receiving such recommendation, the city council shall by resolution give notice of the filing of the petition, the proposal to annex and its proposal to zone the property in a specific way, provided such annexation is completed.

3. Said notice of zoning shall be consolidated with a notice for annexation of property to the city and shall comply with the law for the requirements of both notices of annexation and for zoning. 4. Upon the hearing of the proposal to annex and zone, in addition to the ordinance for annexation, the city council shall zone the property in the manner required by law, pursuant to the notice and upon the completion of said annexation, the zoning of the property shall automatically take effect. (Ord. 427-AC)

Article XVII Occupancy 117.00 Certificate Of Occupancy (Ord. No. 427-AC) 117.00 Certificate Of Occupancy 1. No vacant land shall be occupied or used, and no building, hereinafter erected, structurally altered, or moved, shall be occupied or used until a certificate of occupancy shall have been issued by the building department.

2. Certificates of occupancy for a new building, or the enlargement, alteration or moving of an existing building, shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building shall have been completed in conformity with the provisions of this part.

3. Certificates of occupancy for use of vacant land, or the change in the use of land, or the change in the use of the land as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that tilling the soil and the growing therein of farm, garden or orchard products, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provision of this part.

he change in the use of the land as herein provided, shall be applied for before any such land shall be occupied or used for any purpose except that tilling the soil and the growing therein of farm, garden or orchard products, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provision of this part.

4. Certificates of occupancy shall state that the building, or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this part. A record of all certificates shall be kept on file in the office of the building department and copies shall be furnished on request, to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for an original certificate; for all other certificates or for copies of any original certificate there shall be a charge of two dollars ($2.00) each.

5. Certificates of occupancy for nonconforming uses existing at the time of the passage of the ordinance codified in this part or any amendment thereto shall be issued by the building department, and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this part.

6. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy. (Ord. 427-AC)

Article XVIII Enforcement And Review 118.00 Enforcement 118.01 Complaints Regarding Violations 118.02 Persons Liable 118.03 Penalty

118.04 Permit Revocation 118.05 Judicial Review (Ord. No. 427-AC) 118.00 Enforcement

1. It shall be the duty of the planning department to enforce the ordinance codified in this part. All departments, officials and public employees of the city, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this part and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this part; and any such permit or licenses issued in conflict with the provisions of this part shall be null and void.

2. The provisions of this part shall be interpreted and administered by the planning commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this part for purposes of inspection.

3. Any building or structure erected or maintained, or any use of property, contrary to the provisions of this part shall be, and the same is declared to be, unlawful and a public nuisance and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this part. (Ord. 427-AC)

nment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this part. (Ord. 427-AC)

118.01 Complaints Regarding Violations Whenever the city planner receives a written, signed complaint alleging a violation of this part, he/she shall investigate the complaint, take whatever action is warranted, and inform the complaint in writing what actions have been or will be taken in accordance with section 118.00(c). (Ord. 427-AC) 118.02 Persons Liable The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this part may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. (Ord.427-AC) 118.03 Penalty Any person, firm or corporation, whether as principal, agent, employees or otherwise, violating any provision of this part shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by fines and/or imprisonment in accordance with the San Bernardino County bail schedule. Each day that violation of this part continues shall be considered a separate offense. (Ord. 427-AC) 118.04 Permit Revocation 1. A zoning, sign, special use, or conditional use permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this part, or any additional requirements lawfully imposed by the permit-issuing board.

2. Before a conditional use or special use permit may be revoked, all of the notice and hearing and other requirements of article V shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. 1. The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

   2. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

3. Before a zoning or sign permit may be revoked, the city planner shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the city planner shall provide to the permittee a written statement of the decision and the reasons thereof. 4. No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, special use or conditional use permit after such permit has been revoked in accordance with this section. (Ord. 427-AC) 118.05 Judicial Review 1. Every decision of the city council granting or denying a conditional use permit and every final decision of the planning commission shall be subject to review by the Superior Court of San Bernardino County by proceedings in certiorari. 2. The petition for writ of certiorari must be filed with the San Bernardino County clerk of court within thirty (30) days after the later of the following occurrences: 1. A written copy of the commission or council’s decision has been filed in the office of the city clerk; and 2. A written copy of the decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case. 3. A copy of the writ of certiorari shall be served upon the city. (Ord.427-AC) Article XIX Validity And Repeals 119.00 Validity 119.01 Repeals (Ord. No. 427-AC) 119.00 Validity If any section, subsection, paragraph, sentence, clause or phrase of this part is for any reason held to the invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this part, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 427-AC) 119.01 Repeals 1. Part III of the Needles Municipal Code in its entirety is hereby repealed and all ordinances of the city inconsistent herewith to the extent of such inconsistency, and no further, are hereby repealed. 2. The repeal of any of the above-included ordinances does not revive any other ordinance or portion thereof repealed by said ordinances. 3. Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any ordinances repealed hereby for an offense committed prior to the repeal. (Ord. 427-AC) Article XX Enactment Of Ordinance Codified In This Part 120.00 Enactment (Ord. No. 427-AC) 120.00 Enactment The ordinance codified in this part shall take effect and be in force thirty (30) days after date of its passage and shall within fifteen (15) days from the date of its passage be published in the said City of Needles, State of California, together with the names of the members of the city council voting for and against same. (Ord. 427-AC) Article XXI Adult Oriented Businesses 121.00 Purpose And Intent 121.01 Definitions 121.02 Establishment And Classification Of Businesses Regulated 121.03 Measurement Of Distance 121.04 Severability 121.05 Other Zoning Controls In Full Force And Effect 121.06 Variance (Ord 428-AC, 569-AC) 121.00 Purpose And Intent It is the purpose and intent of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented

and intent of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented

businesses. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or any communicative materials, deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market. Neither is it the intent nor effect of the article to condone or legitimize the distribution of obscene material. (Ord. No. 428)

121.01 Definitions

For the purposes of this article, certain terms and words are defined as follows:

"Adult oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, massage parlor, sexual encounter establishment, escort agency or nude model studio. Under no circumstances shall a “Massage Establishment” as defined in 12-221 be considered an “Adult Oriented Business”. Adult oriented businesses are those businesses defined as follows: (Ord 569-AC)

1. "Adult arcade" means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

2. "Adult bookstore," "adult novelty store" or "adult video store" means a commercial establishment which: (A) has as a significant or substantial portion of its stock-in-trade; or (B) derives a significant or substantial portion of its revenues; or (C) devotes a significant or substantial portion of its interior floor or display space; or (D) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one (1) or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas,

' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one (1) or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas,

2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, 3. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one (1) of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

3. "Adult cabaret" means a nightclub, bar, restaurant "bottle shop," or similar commercial establishment, whether or not alcoholic beverages are served, which features: (A) persons who appear nude or in a state of nudity or seminude; (B) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (C) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

4. "Adult motel" means a motel, hotel or similar commercial establishment which: (A) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this adult oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (B) offers a sleeping room for rent for a period of time less than ten (10) hours; or (C) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours.

5. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

6. "Adult theatre" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

7. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, for sexual purpose, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

8. "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. 9. "Massage parlor" deleted (Ord 569-AC)

9. "Regularly features or regularly shown" with respect to an adult cabaret, adult theatre, or adult motion picture theatre means at least three (3) times within any thirty (30) day period; or carried on as part of the business' routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

10. "Seminude model studio" means any place where a person, who appears in a state of semi nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The definition of adult oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

11. "Sexual encounter establishment” means a business or commercial establishment, that as one (1) of its important business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity or seminude.

shment” means a business or commercial establishment, that as one (1) of its important business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity or seminude.

13. "Significant or substantial portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock-in-trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the adult oriented portion of the business is one (1) of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that thirty-three (33) percent or more of its revenues are derived from such adult oriented activities or materials, or that thirty-three (33) percent or more of its interior floor space or display space is devoted to such adult oriented activities or materials, or that thirty-three (33) percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such adult oriented materials, all as defined in subsection (b)(1) and (2) of this section, shall be evidence that a significant or substantial portion of the business is devoted to such uses.

14. "Employee" means a person who works or performs in and/or for an adult oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

15. "Establishment" means and includes any of the following:

16. The opening or commencement of any such business as a new business;

17. The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this article;

18. The addition of any of the adult oriented businesses defined in this article to any other existing adult oriented business;

19. The relocation of any such adult oriented business; or

20. The substantial enlargement of any such adult oriented business.

"Nudity or state of nudity” means: (1) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (2) a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

"Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

"Permitted or licensed premises" means any premises that requires a license and/or permit and that is classified as an adult oriented business.

"Permittee and/or licensee" means a person in whose name a permit and/or license to operate an adult oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States.

"Public park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

"Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

"Residential district" means an area zoned for single-family homes, duplexes, town homes, multiple family residences, mobile home parks or subdivisions, and recreational vehicle parks, as defined in the Needles zoning ordinance codified in this part.

"School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

"Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

"Specified anatomical areas," as used herein means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

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

• "Specified criminal acts" means acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult oriented business included but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering.

"Specified sexual activities," as used in this article means and includes any of the following:

1. The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

2. Masturbation, actual or simulated;

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

4. Excretory functions as part of or in connection with any of the activities set forth in subdivisions (a) through (d) of this definition.

• "Transfer of ownership or control of an adult oriented business" means and includes any of the following:

  1. The sale, lease or sublease of the business;

2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; 3. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. No. 428-AC) 121.02 Establishment And Classification Of Businesses Regulated The establishment of any adult oriented business shall be permitted only in the highway commercial zone located north of the Needles Highway/I-40 interchange, west of Needles Highway, and shall be subject to the following restrictions. No person shall cause or permit the establishment of any of the following adult oriented businesses, as defined in this article, within six hundred (600) feet of another such business or within six hundred (600) feet of any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park, or any public building regularly frequented by children, or any residence: 1. Adult arcade; 2. Adult bookstore, adult novelty store or adult video store; 3. Adult cabaret; 4. Adult motel; 5. Adult Motion Picture Theater; 6. Adult theater; 7. Massage parlor; 8. Sexual encounter establishment; 9. Escort agency; or 10. Nude model studio. (Ord. No. 428-AC, 569-AC) 121.03 Measurement Of Distance Distance between any two (2) adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building regularly frequented by children or any residence shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where adult oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, public building regularly frequented by children, or any residence. (Ord. No. 428-AC) 121.04 Severability If any section, subsection or clause of this article shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. The city council declares its intention that each section, subsection and clause of this article would have been enacted without any clause, subsection or section which may be determined by a court to be invalid or unenforceable. (Ord. No. 428-AC) 121.05 Other Zoning Controls In Full Force And Effect An adult oriented business is required to apply for and obtain all other permits required by this part and to comply with all other requirements of this part, notwithstanding that it complies with the requirements of this article. (Ord. No. 428-AC) 121.06 Variance A variance to the provisions of this article may be granted if strict application of this article would violate the applicant's Constitutional Rights. Upon such application, the city council is authorized to waive any of the requirements of this article if the applicant shows, to the satisfaction of the city council, that strict enforcement of the provisions of this article would violate the applicant’s Constitutional rights. (Ord. No. 428-AC)