Chapter 21.44 — FENCES, WALLS, AND HEDGES

The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, and overall character of neighborhoods. These regulations apply to any type of visible or tangible obstruction that has the effect of forming a physical or visual barrier between properties or between property lines and the public right-of-way, including, but not limited to, any type of artificially constructed barriers of wood, metal, or concrete posts connected by boards, rails, panels, wire, or mesh, and any type of natural growth such as hedges and screen plantings.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The provisions of Table 21.15.030-1 (Review Authority for Development Review) in Chapter 21.15 (Development Review) of this title shall apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. Fences (including masonry walls, hedges, and screen plantings) shall be subject to the following regulations:

1.

Front Yard. Fences in the front yard (between the front property line and the nearest line of a primary building) shall not exceed three feet in height except in the following cases:

a.

Modifications—Residential and Office Professional Uses. Modification to the front yard fence height requirement for residential and office professional uses may be modified through a site plan modification (Section 21.17.020) to allow for a fence in the front yard up to four feet in height, provided that the fence shall be constructed in a manner to allow reasonable visibility through it. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)).

b.

Modifications—Commercial and Industrial Uses.

i.

Six Feet. Modification to the front yard fence height requirement for commercial and industrial uses may be allowed through a site plan modification (Section 21.17.020) to allow for a fence in the front yard up to six feet in height.

ii.

Eight Feet. Modification to the front yard fence height requirement for commercial and industrial uses may be allowed through a development plan modification (Section 21.16.020) to allow for a fence up to eight feet high.

iii.

Findings. In approving such a request, the review authority shall make the applicable findings required for a site plan modification (Subsection 21.17.020(C)) or development plan modification (21.16.020(D)) as well as the following:

(a)

The fence is constructed in a manner to allow reasonable visibility through it; and

(b)

The fence is constructed with decorative material, such as ornamental metal, masonry wall with a stucco finish, or similar.

2.

Side and Rear Yard. Fences located in the side yard (between a primary building and side property line not including the front yard) and rear yard (between a primary building and the rear property line) shall not exceed six feet in height except in the following cases:

a.

Residential and Office Professional Uses. Modification to the side and/or rear yard fence height requirement for residential and office professional uses may be allowed through a development plan modification (Section 21.16.020) for a fence up to eight feet high in those side and rear setbacks that abut commercial and/or industrial uses.

b.

Commercial and Industrial Uses. Modification to the side and/or rear yard fence height requirement for commercial and industrial uses may be allowed through a development plan modification (Section 21.16.020) for a fence up to eight feet in height in a side and/or rear yard.

c.

Findings. In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)).

3.

Outdoor Storage Areas. Refer to Subsection 21.69.170(C) (Outdoor Storage Areas).

4.

Fences Atop Retaining Walls. Where a fence is placed on top of, or is an integral part of, a retaining wall, the height of a fence shall be measured from the higher of the finished grades on either side of the retaining wall.

5.

Fence Material Limitations. In residential zoning districts, barbed wire and electric fences may only be used on properties zoned for single-family use (for example, R-1 or R-A) that are at least one-half acre in area or larger. In residential zoning districts, razor wire may not be used for fencing.

6.

Retaining Wall Heights. See Section 21.81.040 (Hillside Development Standards) for additional restrictions on retaining wall heights.

7.

Driver's Visibility. Fences shall be constructed so as to not interfere with traffic safety sight areas or public safety consistent with Chapter 21.55 (Visibility at Intersections).

B.

Fence Restrictions in R-1 Zoning District: Reverse Corner Lots.

1.

Fence Height. Where the street side yard of a reversed corner lot fronts onto a local street, no fence higher than three feet shall be placed in the street side yard.

Figure 21.44.030-1 Fence Restrictions in R-1 Zoning District

==> picture [286 x 294] intentionally omitted <==

2.

Modification. Modification to the fence height requirement may be allowed through a site plan modification (Section 21.17.020) for a fence height not to exceed four feet. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)) and find that it can be demonstrated that such a height will not impair the sight distance of vehicles on the street or on the driveway of the lot to the rear of a reversed corner lot.

C.

Nonconforming Fences. See Section 21.78.020 (Nonconformities Regarding Fences).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.45 - LANDSCAPING AND OPEN SPACE

21.45.010 - Purpose and applicability.

A.

Purpose.

1.

To establish a framework to review landscape and irrigation plans consistently and improve the physical appearance of the city by providing visual and ecological relief in the urban environment;

To establish minimum landscape development standards for the design, provision, and maintenance of landscaped areas, and encourage irrigation methods and suggested plant species to develop a measure of uniformity and quality in overall landscaping design; and

3.

To promote the value and long-term benefits of landscapes to provide an attractive living, working and recreating environment, while recognizing the need to invest water and other resources as efficiently as possible.

B.

Applicability. The requirements within this chapter apply to new construction and rehabilitated landscapes for commercial, industrial, and residential projects.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.45.020 - General provisions.

A.

Required Landscape Planting Areas.

1.

Landscaping in Setbacks.

a.

R-1 Zoning Districts. All front yard areas shall be landscaped.

b.

All other Zoning Districts. Outside the R-1 zoning district, all visible yards shall be landscaped.

2.

Unused Areas. All areas of a building site not identified on a site plan intended for a specific use or purpose, except where enclosed and blocked from the view of public streets by solid fencing and/or buildings, shall be landscaped.

3.

Parking Areas. Parking areas shall be landscaped in compliance with Chapter 21.48 (Parking and Loading Regulations).

B.

Landscaping Materials.

1.

Live Plant Requirement. A minimum of thirty percent of required landscaped area shall be covered with live plant materials at maturity.

Mixture of Plant Materials. Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.

3.

Natural Turf Limitations. See Section 21.56.030 (Turf Limitations for New Construction and Rehabilitated Landscapes).

4.

Non-Plant Materials. The following may be used to meet the minimum required landscape planting areas (Subsection 21.45.020(A)) but shall not be used to meet the minimum live plant area required by Paragraph 21.45.020(B)1. unless otherwise allowed by a site plan modification or development plan modification (Subsection 21.45.020(H)):

a.

Pervious Materials. Non-plant materials such cinder, bark, gravel, and similar materials.

b.

Hardscape. Embellished pavement, fountains, and similar hardscape.

C.

Maintenance. Landscaping shall be maintained in an orderly and healthy condition in compliance with this chapter. This includes proper pruning, staking, sowing of lawns, weeding, removal of litter, fertilizing, monitoring for pests and disease, replacement of plants when necessary, and regular watering.

D.

Driver's Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas or public safety. Notwithstanding other provisions of this section, landscaping shall comply with Chapter 21.55 (Visibility at Intersections).

E.

Residential Open Space Areas.

Location. Required common and private residential open space may be located on the ground, on terraces, or on rooftops, shall be landscaped or developed for active or passive recreation and may include roofed recreation areas, swimming pools, or unenclosed porches where not otherwise prohibited.

Minimum Dimensions. Private open space shall have a minimum dimension of eight feet at the ground floor and five feet if located on the second story or above. Shared open space shall have no minimum horizontal dimension less than fifteen feet.

Usability. Open space should be designed with the functional use as the primary goal, not as left over or awkwardly designed space.

F.

Oak Tree Preservation and Street Trees. Oak tree preservation and street tree requirements shall be as required by Title 10 of this Municipal Code.

G.

Hillside Landscaping. See Paragraph 21.81.040(D)5. (Landscaping).

H.

Landscape Modifications. Designs, materials, or methods of installation not specifically prescribed by this chapter may be approved by the review authority through a site plan modification (Section 21.17.020). In approving such a request, the review authority shall find, in addition to the findings associated with a site plan modification (Subsection 21.17.020(C)), that the proposed design, material, or method provides approximate equivalence to the specific requirements of this chapter or is otherwise satisfactory and complies with the intent of these provisions.

I.

Nonconforming Landscaping. See Section 21.78.030 (Nonconforming Landscaping).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.45.030 - Water efficient landscaping.

See Chapter 21.56 (Water Efficient Landscaping) for water efficient landscaping requirements.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.47 - MECHANICAL EQUIPMENT AND SCREENING

21.47.010 - Purpose and applicability.

A.

Purpose. For the purposes of this chapter, mechanical equipment shall include machines and devices, including backflow devices, HVAC units, fans, vents, generators, and elevator motors integral to the regular operation of climate control, electrical, plumbing, and similar building systems.

B.

Applicability. The standards of this chapter apply to:

1.

New development;

2.

New equipment that is added to serve existing buildings; and

3.

Condominium conversions.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General Screening. All exterior mechanical equipment shall be screened or incorporated into the design of buildings so as not to be visible from the public right-of-way, highways, passenger railways, or abutting residential zoning

districts.

B.

Location. Exterior mechanical equipment shall be screened to the height of the particular piece of equipment, as follows:

1.

Roof-Mounted Equipment. Mechanical equipment may be mounted on roofs, provided the equipment is concealed from view from adjacent at-grade public streets with solid architectural features that are integrated into the overall architectural design, such as a roof well or parapet wall.

Exception. For detached single-family residences (and accessory dwelling units), air-conditioning and evaporative cooling systems shall not be mounted on the roof.

2.

Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment shall be:

a.

Located behind the front face of the building unless determined to be infeasible by the city utilities and emergency services departments; and

b.

Screened by landscaping or an architecturally compatible screen or a combination of materials from the view of the street or surrounding properties.

A mechanical equipment screen shall fully block the view of the equipment with structural/architectural materials that match the architectural style and materials of the adjacent structure.

When landscaping is used, proposed plant materials shall have the capability of achieving sixty percent of total view blockage within eighteen months of planting, and one hundred percent of total view blockage within three years of planting.

Backflow devices shall utilize a combination of fencing and landscape screening unless determined to be infeasible by the city utilities and emergency services departments.

3.

Setbacks. Mechanical equipment may be located within required setbacks, provided building code requirements are met.

C.

Height Limit Projection. Roof-mounted equipment and related architectural screening that exceed maximum height limits are subject to the provisions of Table 21.41.040-1 (Allowed Projections Above Height Limits) in Paragraph 21.41.040(A)2.

D.

Screening Modifications. Modifications to the provisions of this chapter may be allowed through a site plan modification (Section 21.17.020). In approving such a request, the review authority shall find, in addition to the

findings associated with a site plan modification (Subsection 21.17.020(C)), that screening is infeasible due to health and safety, structural limitations, or utility requirements.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.48 - PARKING AND LOADING REGULATIONS

A.

Purpose. The purpose of this chapter is to:

1.

Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;

2.

Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;

3.

Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts within parking lots and, where appropriate, create buffers from surrounding land uses;

4.

Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand; and

5.

Reduce urban run-off and heat island effect.

B.

Applicability.

1.

New Buildings/Uses. At the time of erection of any building or structure, off-street parking spaces associated with the building's use, with adequate and proper provision for ingress and egress by standard size automobiles shall be provided.

2.

Reconstruction, Expansion, and Change in Use of Existing Buildings.

a.

Nonresidential. When a change in use, expansion of a use, or expansion of floor area creates an increase of twenty percent or more in the number of required on-site parking or loading spaces, on-site parking and loading shall be provided according to the provisions of this chapter.

b.

Residential. When any building is remodeled, reconstructed, or changed in use by the addition of dwelling units, such additional garage or parking facilities as may be required must be provided, except for accessory dwelling units pursuant to Chapter 21.58 (Accessory Dwelling Units) or urban dwelling unit projects pursuant to Chapter 21.65 (Urban Dwelling Units).

c.

General.

i.

Existing parking shall be maintained, and additional parking shall be required only for such addition, enlargement, or change in use and not for the entire building or site.

ii.

If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.

iii.

A change in occupancy is not considered a change in use unless the new occupant is in a different land use classification than the former occupant pursuant to Table 21.32-1 (Zoning District Use Regulations).

3.

Parking Provisions of Uptown/Town Center Specific Plan. Buildings or land uses within the boundaries of the Uptown/Town Center Specific Plan are subject to the parking requirements of said specific plan.

4.

Nonconforming Parking. See Section 21.78.010 (Nonconforming Parking).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Calculation of Required Parking Spaces.

1.

Area—Based Standards.

a.

Area-based parking space ratios shall be computed based on floor area in square feet. Floor area shall be calculated in compliance with Section 21.41.090 (Determining Floor Area).

b.

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

2.

Bedroom-Based Standards. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the building code as a sleeping room shall be counted as a bedroom.

3.

Vehicle Service and Repair Standards. For vehicle services and repair uses, floor area shall include all onsite structures, including office and lobby space, garages, and automotive service bays.

4.

Multiple Uses.

a.

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

b.

Mixed Functions. Where a building occupied by a single use contains several functions, such as sales, office, and storage areas, parking shall be as required for the principal use for the floor area (calculated consistent with Subsection 21.41.090(B)); except that when storage areas are larger two thousand square feet, the parking requirement is to be determined separately for those areas, as specified for warehouse, wholesale, and distribution.

B.

Spaces for Handicapped. Handicapped spaces shall be provided as required by state statute.

C.

General Requirements.

1.

Accessibility. Parking and loading areas shall be accessible for its intended purpose during all hours of operation.

2.

Parking Charge. The parking of motor vehicles shall be without monetary charge when such parking is required in conjunction with uses permitted by this chapter.

3.

Storage of Vehicles Prohibited. The parking facilities required by this chapter shall be only for the temporary parking of vehicles used in conjunction with the uses they serve. This chapter does not apply where vehicle storage is permissible as a primary or accessory land use.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

---

A.

Parking Space Requirements. The number of required spaces for land uses are as set forth in Table 21.48.030-1 (OffStreet Parking Spaces Required). These provisions are established as the maximum number of parking spaces required. Where specific parking requirements are not listed, an interpretation of parking impacts and spaces needed based on a similar use may be determined by the director.

Table 21.48.030-1: Off-Street Parking Spaces Required

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

---

A.

Mixed-Use Parking Standards. In a mixed-use development (residential and nonresidential uses within the same building or on the same parcel), sixty-six percent of the parking spaces required for commercial use may be used to meet the parking requirement for residential use.

B.

Joint Use Parking Standards. When a primarily weekday and daytime use (for example, office, daycare center) is located within three hundred feet of a primarily weekend or nighttime use (for example, assembly facility), up to sixtysix percent of the parking spaces for the daytime use may be used to meet the parking requirement for the nighttime use. The reverse is also true: up to sixty-six percent of the parking spaces for a night time use may be used to satisfy the parking requirement for the daytime use subject to the following conditions:

1.

The applicant shall demonstrate to the satisfaction of the review authority that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed.

2.

Parties concerned in the joint use of off-street parking facilities shall enter into a legally binding agreement for such joint use. The agreement, when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies filed with the city. The minimum term for such an agreement shall be fifteen years.

C.

Historic Resources. A reduction in parking requirements may be permitted as an historic preservation incentive per Subsection 21.62.090(B) (Parking Requirement Reduction).

D.

Major Parking Modifications. The number of required parking spaces for any use may be reduced by up to twenty percent through a development plan modification (Section 21.16.020) as follows:

1.

Criteria for Approval. A development plan modification for a parking reduction may be approved if the review authority finds, in addition to the findings associated with a development plan modification (Subsection 21.16.020(D)) that special conditions exist that will reduce parking demand at the site. Special conditions might include, but are not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program.

2.

Parking Demand Study. In order to evaluate a proposed project's compliance with the above criteria, submittal of a parking demand study prepared by a licensed traffic engineer, or as approved by the city engineer, that substantiates the basis for granting a parking reduction shall be required.

3.

Exception. This subsection allowing for a reduction in parking shall not be used for any of the following:

a.

Any use located within the Uptown/Town Center Specific Plan area;

b.

Any residential use (excepting an age-restricted development); or

c.

Any hotel or motel.

E.

Minor Parking Modifications. Modifications to specific parking standards may be approved through a site plan modification (Section 21.17.020) as follows:

1.

Tandem Parking. Tandem parking may be allowed through a site plan modification. In approving a request for tandem parking, the review authority shall find, in addition to the findings associated with a site plan modification (Subsection 21.17.020(C)), that tandem parking is appropriate for the specified use and site.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Provisions for Off-Site Parking. Parking facilities shall be located on the lot on which the principal land use is located unless such spaces cannot reasonably be located on such lot. In such a case, parking spaces may be located on any land within three hundred feet of the property with the principal land use; provided, that the following conditions are met:

1.

A legally binding written agreement between the owner of the property with the parking spaces and the principal land user assuring the retention of the parking spaces for the principal use shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney and shall be recorded in the office of the county recorder and copies filed with the city prior to issuance of a building permit or certificate of occupancy for the principal use. The term of such an agreement shall be a minimum of fifteen years.

2.

The principal use shall be permitted to continue only as long as its parking requirements are met.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Multi-family development with ten or more units shall provide a minimum of two bicycle rack spaces for every ten units on site.

B.

Nonresidential development projects shall provide a minimum of two bicycle rack spaces for each twenty thousand square feet of gross floor area. In addition, for sites with fifty thousand square feet of gross floor area, two secured locker bike parking facilities shall be provided for each increment of fifty thousand square feet of gross floor area.

C.

For parking lots that require twenty or more parking spaces, a five percent reduction in parking spaces shall be allowed in exchange for providing four bike rack spaces.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

One motorcycle parking space shall be provided for each twenty vehicle spaces required. Motorcycle spaces shall be a minimum of six feet wide and ten feet long. Projects that provide more motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five additional motorcycle spaces.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.48.080 - Parking for electric vehicles.

A.

Parking spaces for electric vehicles shall be provided for all new developments in accordance with the requirements of the CalGreen Building Standards Code and/or successor code and local city codes, whichever yields the greater number of spaces. These dedicated parking spaces shall count toward the minimum required parking spaces for the associated use.

B.

All electric vehicle spaces shall be equipped with electric vehicle charging equipment as set forth in the CalGreen Building Standards Code and/or successor code and local city codes the use of which the property owner or operator may require payment at his or her discretion.

C.

Any charging or similar equipment shall not be placed within the required parking space dimensions and shall not obstruct any pedestrian path of travel.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.48.090 - Parking for storage of commercial vehicles, recreational vehicles, and boats.

The parking and storage of commercial and recreational vehicles (including recreational vehicles, boats, campers, trailers, farm equipment, or similar) as an accessory use on private property is subject to the following standards.

A.

Commercial Vehicles and Equipment. See Municipal Code Chapter 12.38 (Parking Restrictions) and Chapter 21.69.170(C) (Outdoor Storage Areas).

B.

Recreational Vehicles and Boats.

1.

Public Streets. See Municipal Code Chapter 12.38 (Parking Restrictions).

2.

Paving and Surfacing. Recreational vehicles shall be stored on a permanent surface listed in Subparagraph 21.48.100(D)2.a.

3.

Dwelling Use Prohibited. No recreational vehicle or tiny home on wheels shall be used for dwelling purposes on any site for any amount of time with the following exceptions:

a.

Within a permitted recreational vehicle park; or

b.

Subject to approval of a temporary use permit (see Chapter 21.20), a recreational vehicle may be used as caretaker

residences in commercial and industrial districts for temporary events such as pumpkin or Christmas trees sales or on the site of a construction project with an approved and active building permit provided that the recreational vehicle be removed within seven days of the end of the temporary event or before final occupancy for a construction project.

4.

Fluid Collection Systems. Drip pans or other fluid collection systems shall be used on any recreational vehicle that shows evidence of leaky fluids.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Parking Space Minimum Dimensions.

1.

General. Parking spaces shall be designed in compliance with the provisions in Table 21.48.100-1.

Table 21.48.100-1: Parking Space Standards

2.

Compact Spaces. Compact spaces may be provided for up to thirty percent of required spaces.

3.

Measurement.

a.

The width of enclosed parking spaces may be measured from the outer wall of a garage or the outer edge of a support post for a carport. Garage door openings shall be at least eight feet in width for a one-car opening and sixteen feet for a two-car opening.

b.

A two-foot overhang for bumpers is permitted into landscaping or walkways provided that wheel stops are provided and minimum widths for disabled access are maintained.

B.

Parking Lot Design.

1.

Maneuvering Aisle Minimum Dimensions. Parking drive aisles shall be designed in compliance with the provisions in Table 21.48.100-2 and with fire department standards including for truck turning radii and turnarounds.

Table 21.48.100-2: Parking Lot Aisle Standards

2.

Slope. Parking spaces shall not have front-to-back or side-to-side grades that exceed five percent slope.

3.

Parking Area Surface Materials.

a.

General. Parking area surface materials shall minimize impervious surfaces and be constructed from permanent materials such as asphalt, porous asphalt, concrete, porous concrete, pavers, or turf block. Decomposed granite is not considered a permanent surface.

b.

Modifications for Residential Uses. On residential lots larger than one acre, non-permanent parking area materials such as gravel, roadbase, or other suitable materials may be allowed through approval of a site plan modification (Section 21.17.020). In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)), and all of the following findings:

i.

The parking surface is compacted to resemble a paved surface, located in the rear half of the lot and/or located behind the primary structure, and accompanied by adequate landscape screening, and

ii.

Adequate mechanisms are installed and maintained to prevent track out of non-permanent parking area materials from tires before reaching any public right-of-way.

c.

Modifications for Nonresidential Uses. Non-permanent parking area materials such as gravel, roadbase, or other suitable materials may be allowed through approval of a development plan modification (Section 21.16.020). In approving such a request, the review authority shall make the findings required for a development plan modification (Subsection 21.16.020(D)), and all of the following findings:

i.

The parking spaces are overflow parking spaces provided above the required number of parking spaces; and

ii.

Adequate mechanisms are installed and maintained to prevent track out of non-permanent parking surface materials from tires before reaching any public right-of-way.

4.

Location in Setbacks and Required Screening. Required parking spaces may be located in required setbacks in all zoning districts. Parking areas located in setbacks shall provide a landscape buffer of ten feet between the front property line and the parking area, five feet between a street side property line and the parking area, and three feet between an interior (side or rear) property line and the parking area.

5.

Drainage.

a.

Parking area drainage shall be designed in compliance with city stormwater control and drainage requirements.

b.

Parking lots shall include perimeter curbing. Flat edge curbing is acceptable if wheel stops are provided.

6.

Backing Out onto Arterials. Parking areas and driveways on an arterial or greater road as designated in the circulation element of the general plan shall be designed so that vehicles do not back out of parking spaces directly onto the street or highway, unless determined to be infeasible by the city engineer.

7.

One-Way Signs. Directional signs shall be installed for one-way driveways and ramps to indicate one-way circulation.

8.

Maintenance. Parking areas, driveways, maneuvering aisles, ramps, and turnaround areas shall be kept free of obstructions at all times.

9.

Wheel Stops. Wheel stops shall be installed for parking spaces at least two feet from any adjacent walkway, sidewalk, street, or alley.

10.

Access. The location and design of all street or alley entrances and exits to off-street parking facilities shall be designed in accordance with city engineering standards.

11.

Striping. All parking spaces shall be striped in a manner clearly showing the layout of the spaces.

12.

Screening. Parking lots with six or more parking spaces shall be screened from view from any adjacent residentially zoned or developed property on all sides of the parking lot. Screening materials may include solid opaque fencing (excluding chain link with slats), masonry, or earth berms in combination with landscaping and shall be at least five feet in height, and not more than six feet in height, either for fence or walls and/or combination of fencing and walls and earth berm.

13.

Temporary Parking. The parking facilities required by this chapter shall be for the temporary parking of vehicles used in conjunction with the uses they serve. For long-term storage of vehicles, see Subsection 21.69.170(C) (Outdoor Storage Areas).

C.

Landscaping.

1.

In addition to the landscaping required by Subsection 21.45.020(A), eight square feet of landscape area shall be provided for every parking space in parking lots with six or more spaces. Emphasis shall be given to shade tree installation to inhibit heat buildup in parking areas. In parking areas with twenty or more cars, the design shall demonstrate a minimum of twenty-five percent shade cover within five years through selection of shade tree species.

2.

Design of landscaping for parking areas in all zoning districts (except for one single-family residence) is subject to development review committee approval.

3.

Landscape areas shall be designed to function as bioretention areas designed to filter, store and infiltrate storm water, utilizing mulch, soil and plant root systems, to retain, degrade and absorb pollutants. These can include bioretention swales, rain gardens or storm water planters. The use of an engineered soil mix and appropriate vegetation is important to facilitate bioretention functions. Where infiltration into underlying native soils is not appropriate, a perforated underdrain can convey treated runoff to a storm drain or surface drainage.

D.

Off-street Parking, Driveways and Vehicle Storage.

1.

Single-Family Residential Development.

a.

General. All uses shall provide off-street parking spaces and facilities as required by Section 21.48.030 (Required Parking Spaces). The number and location of all driveways shall be subject to approval of the city engineer.

b.

Landscaped Setback. Driveways parallel to a street (such as circular driveways and hammerhead turnarounds) shall be designed to provide a minimum ten-foot-wide maintained landscaped setback between the street right-of-way and the parallel edge of the driveway closest to the street right-of-way.

c.

Parking Location. No automobile, truck, motorcycle, recreational vehicle, boat, camper, trailer, farm equipment or similar vehicle, materials or equipment shall be parked or stored between a dwelling and the street except on paved driveways.

d.

Paved Area. Except for lots with circular drives, pavement of the front yard shall be limited to fifty percent of the front yard. On corner lots, pavement of the street side yard shall be limited to ten percent of the street side yard unless the garage/carport is accessed via the side street. In such a case, pavement of the street side yard may be increased to provide direct access to the garage/carport. Pavement in front and street side yard areas shall not exceed what is necessary to access off-street parking facilities. The balance of all areas between the main building and each street frontage shall be landscaped and maintained in a neat and orderly manner.

e.

Parking Space Slope for Single Family Residential Uses.

i.

General. Where provided, off-street parking spaces created in front of a garage door shall comply with Paragraph 21.48.100(D)1. (Slope).

ii.

Modification. Parking space slope may be modified through a site plan modification (Section 21.17.020) to allow parking spaces on slopes of up to fifteen percent. In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)). and find that the creation of the parking spaces would otherwise necessitate extensive grading.

2.

Multi-Family Residential Development.

a.

General. All uses shall provide off-street parking spaces, drives and facilities as required by Section 21.48.030 (Required Parking Spaces).

b.

Landscaped Setback. Driveways parallel to a street (such as circular driveways and hammerhead turnarounds) shall be designed to provide a minimum ten-foot-wide landscaped setback between the street right-of-way and the parallel edge of the driveway closest to such street right-of-way.

c.

Screening. Parking lots located between public streets and multi-family dwellings shall be screened with either a three-foot-high decorative masonry wall or a three-foot-high landscaped earthen berm.

d.

Parking Location. Parking and storage for automobiles, trucks, motorcycles, recreational vehicles, boats, campers, trailers, farm equipment or similar vehicles or equipment shall only be parked or stored on paved parking spaces

designated for residential units and may not be parked or stored in parking spaces designated for visitors.

E.

Maintenance of Parking Facilities.

1.

All parking areas shall be kept clean and free of dust, mud, and trash. Parking areas shall be used only for the purpose of parking vehicles. Where landscaping is provided within or along parking areas, adequate irrigation and maintenance shall be provided.

2.

Striping, marking, directional signs, lighting, screening and all other improvements required by this chapter shall be adequately maintained.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.48.110 - Driveway standards.

A.

Generally. The following standards are applicable to all driveways.

1.

Minimum Width.

a.

Driveways serving four or fewer residential dwelling units shall have a minimum width of twelve feet. (Exception: Accessory dwelling units developed in accordance with Chapter 21.58 [Accessory Dwelling Units] shall not be included in this calculation.)

b.

Driveways serving five or more residential dwelling units or a nonresidential development shall have a minimum width of twenty-four feet.

2.

Minimum Back-Up Distance. The minimum back-up distance between a detached garage or carport shall be twentyfour feet to a sidewalk or side or rear property line. Garages and carports that back up to a paved alley may include the twenty-foot-wide alley in back up distance measurement.

3.

Vertical Clearance. Driveways shall have a minimum vertical clearance of thirteen feet six inches.

4.

Long Driveways. Driveways exceeding one hundred fifty feet in length shall provide a turnaround in compliance with the California Fire Code and subject to approval of the fire marshal.

Driveway Surface Materials.

a.

General. Driveways shall be constructed with permanent surfacing with materials such as asphalt, porous asphalt, concrete, porous concrete, bricks, pavers, or turf block. Decomposed granite (DG) is not considered a permanent surface.

b.

Modifications for Single-Family Residential Uses. On single-family residential lots larger than one acre, nonpermanent driveway materials such as roadbase may be allowed through a site plan modification (Section 21.17.020). In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C), and all of the following findings:

i.

Adequate mechanisms are installed and maintained to prevent track out of non-permanent driveway materials from tires before reaching any public right-of-way; and

ii.

The driveway material alternation complies with fire department and city engineering standards.

6.

Drainage. Driveway drainage shall be designed to comply with city stormwater control and drainage standards.

7.

Slope. Driveways shall not exceed a maximum slope of fifteen percent. Driveways shall have either a continuous cross slope that conveys runoff to adjacent landscaping or a crowned surface which conveys each side to landscape areas.

8.

Access. Driveways shall not be located more than five hundred feet from the street or alley to the parking area served.

9.

Common Driveways. Common driveways shared by more than one lot shall be allowed when proper easements or agreements have been executed and filed with the city, and recorded with the county recorder.

10.

Backing Out onto Arterials. Driveways that serve five or more residences, any nonresidential land uses, and any use on an arterial or greater road as designated in the circulation element of the general plan shall be designed so that vehicles do not back out of parking spaces directly onto the street or highway, unless determined to be infeasible by the city engineer.

B.

Driveway Gradient and Width Modifications. Where topography or other physical factors such as existing setbacks, lot dimensions, and oak trees, combine to make development in accordance with driveway standards infeasible, Modifications may be allowed through a site plan modification (Section 21.17.020). In approving such a request, the

review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)), and the following finding:

1.

The project is subject to and will comply with any mitigation measures necessary to ensure adequate fire protection. The fire department reserves the right to require that residential fire sprinkler systems be installed when emergency access is restricted.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.48.120 - Off-street loading requirements.

A.

Required Loading Spaces. Every structure or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles of space in accordance with the following requirements:

1.

Commercial Zoning Districts. Within any commercial zoning district, one loading space is required for each ten thousand square feet of gross floor area.

2.

Industrial Zoning Districts. Within any industrial zoning district, one loading space is required for each fifteen thousand square feet of gross floor area.

B.

Size. For the purpose of this section, an off-street loading space, exclusive of adequate access drives and maneuvering space, shall have minimum dimensions of twelve feet by forty feet and an overhead clearance of fourteen feet in height above the alley or street grade.

C.

Modifications. Modifications to off-street loading requirements may be allowed through a site plan modification (Section 21.17.020). In approving such a request, the review authority shall make the findings required for a site plan modification (Subsection 21.17.020(C)).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.50 - OBJECTIVE DESIGN STANDARDS FOR MIXED-USE AND MULTI-FAMILY DEVELOPMENT

This section establishes objective design standards (ODS) intended to facilitate high-quality site planning and building design and to accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Applicable State Laws. This chapter applies to projects conducted pursuant to any provision of state law that references objective design standards for residential development, including but not limited to California Government Code Section 65589.5 (Housing Accountability Act) and California Government Code Section 65913.4 (SB 35), as may be amended from time to time.

B.

Applicable Projects. This chapter applies to the following development projects in the multi-family residential districts (R-2-R-5) and to mixed-use developments in the office professional zoning district and mixed-use overlay zoning district:

1.

New development of residential units; and

2.

The following remodels and additions:

a.

Any second story addition;

b.

An addition of more than forty percent of the existing floor area;

c.

Remodels where alterations remove more than fifty percent of the exterior walls or remove more than fifty percent of the roof framing; and

d.

Conversion of existing nonresidential space to a residential use.

3.

Additions of forty percent or less of the existing floor area are not subject to this chapter, but shall utilize the same exterior colors and materials as the existing structure to which the addition is applied.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Applicants who elect to provide alternative design approaches to the objective design standards in this chapter can do so by filing an application for a development plan modification (Section 21.16.020). If the applicant elects to utilize an alternative design approach, the review authority shall use these objective design standards as guidelines for the quality of design required in the city, and make the findings required for a development plan modification (Subsection 21.16.020(D)).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.50.040 - Relationship to other standards and requirements.

Development projects subject to this chapter shall also comply with all other applicable standards and requirements of Title 21 (Zoning) for the zoning district in which a proposed project is located. Where a conflict exists between the objective design standards set forth in this chapter and other Title 21 requirements, these provisions shall apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Number of Strategies Required by Building Type. Building designs shall incorporate the number of design strategies indicated in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type). Where "all" is indicated, all design strategies in that subsection shall be incorporated. Where a number is indicated, projects must include that number of design strategies, choosing from the design strategy options listed in Subsections C—E below.

Table 21.50.050-1: Minimum Required Number of Design Strategies by Building Type

B.

Tier 1 Design Strategies. Required Components. Projects shall comply with all standards listed in this subsection, as required by Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type).

1.

Building Orientation. Buildings visible from the public right-of-way shall have at least one pedestrian entry oriented toward the primary street. On corner parcels, additional pedestrian entries may be oriented toward both the primary street and a secondary street. (See Section 21.50.070 [Frontage Standards].)

2.

Minimum Ground Floor Height for Nonresidential Uses. The minimum interior floor-to-floor height of nonresidential ground floor spaces shall be twelve feet. Minimum ground floor height shall be measured from the ground floor of the first story to the finished floor elevation of the second story.

Transparencies. Façades shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses as follows:

a.

Nonresidential Ground—Floor Uses.

i.

Windows and openings of nonresidential uses on the ground floor visible from the primary street shall constitute a minimum of thirty percent of the ground-floor building faces.

ii.

Windows and openings of nonresidential uses on the ground floor visible from any secondary street shall constitute a minimum of twenty percent of the ground-floor building faces.

Figure 21.50.050-1: Ground Floor Nonresidential Transparencies

==> picture [330 x 187] intentionally omitted <==

iii.

Windows shall provide a clear and transparent view into ground-floor nonresidential uses or shall display merchandise to reinforce a pedestrian scale.

b.

Nonresidential Upper—Floor Uses. Windows and openings of nonresidential uses on upper floors that face streets shall constitute a minimum of ten percent of upper floor building faces visible from the public right-of-way.

c.

Residential Uses. Windows and openings of residential uses shall constitute a minimum of fifteen percent of all building faces.

4.

Blank Walls. The maximum length of any blank wall visible from the public right-of-way, meaning without a window, opening, or other massing break, shall be limited to twenty feet in length.

5.

Building Corner Treatments. For mixed-use and multi-family projects with eleven or more units, the corners of a building on street-facing facades shall incorporate at least one of the following, located within twenty-five feet of the corner of the building, which may also be used to satisfy wall plane requirements of Subsection 21.50.050(C) (Tier 2 Variation Design Strategies: Wall Plane):

a.

Change in material, color, fenestration pattern or a combination of these, varied from the rest of the façade.

i.

Materials and colors shall be returned at least four feet or ten percent of the building façade, whichever is more, from exterior corners or may dead end into a projecting or recessed façade feature.

ii.

Materials and colors shall be vertically applied to a minimum of eighty percent of the building height.

b.

Plaza with a minimum area of two hundred square feet and located within two feet of the adjacent sidewalk grade. The corner plaza open space shall be designed as an accessible outdoor space with seating and canopy trees or small shade structures. As part of a mixed-use building, the plaza may be designed as an outdoor dining area connected to an adjacent restaurant on the ground floor. The outdoor area may be partially covered by a canopy or awning but must be open to the air on two sides;

c.

A three-dimensional tower element, which extends between three and six feet in height above the top of the adjacent building façades;

d.

A change in height of at least four feet greater or less than the height of the abutting adjacent façade.

e.

A different roof style from the roof style associated with the abutting adjacent façade.

f.

Massing break with minimum dimensions of one foot in depth by three feet in length by eight feet in height located within twenty-five feet of the corner.

C.

Tier 2 Variation Design Strategies: Wall Plane. All façades facing the public right-of-way shall include variation that cumulatively equals at least twenty-five percent of the total façade plane area that faces the public right-of-way. To achieve the twenty-five percent wall plane variation, projects shall incorporate, at a minimum, the number of design strategies identified in in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type) for Tier 2 (Wall Plane), choosing from the list of design strategies in Paragraph 21.50.050(C)1.

Menu of Wall Plane Variation Design Strategy Options.

a.

Plaza or Forecourt. Provide a plaza or forecourt framing the entrance. The minimum dimensions of a plaza or forecourt shall be twelve feet in depth by twelve feet in length, designed as an accessible outdoor space with seating and canopy trees or small shade structures. As part of a mixed-use building, the plaza may be designed as an outdoor dining area connected to an adjacent restaurant on the ground floor. The outdoor area may be partially covered by a canopy or awning but must be open to the air on two sides.

b.

Upper Story Stepback. Provide an upper story (top-most) front stepback, a minimum of five feet in depth by fifteen percent of the façade's total length.

c.

Balconies. Provide balconies in compliance with Subsection 21.50.060(B) (Balconies), which may be recessed or projected.

d.

Bay Windows. Provide bay windows that project at least sixteen inches and not more than three feet from the façade nor exceed eight feet in length. If more than one bay window is provided on a façade, there shall be at least four feet of horizontal separation between the two bay windows.

e.

General Massing Break. Provide a general massing break, which may extend the height of a building's façade; extend the height of a building's upper stories; and/or may be recessed or projected from the façade with minimum dimensions of one foot in depth by three feet in length by eight feet in height.

Figure 21.50.050-2: Wall Plan Variation Options

==> picture [329 x 171] intentionally omitted <==

Figure 21.50.050-3: How to Measure Wall Plane Variation

==> picture [330 x 190] intentionally omitted <==

2.

Vertical Elements on Horizontal Buildings. Where Tier 2 strategies are required, buildings longer than one hundred feet shall include at least one design strategy that adds a vertical element to offset the horizontal length of the building. The vertical element shall be taller than it is wide.

Figure 21.50.050-4: Vertical Elements on Horizontal Buildings

==> picture [330 x 196] intentionally omitted <==

3.

Wall Plane Variation Projections into Front Setbacks. Up to fifty percent of the wall plane variation requirement shall be allowed to encroach into a required front setback by a maximum of two feet, if an equivalent area is set back two feet or more beyond the required front setback. However, in no case shall a building encroach into the public right-ofway.

Figure 21.50.050-5: Wall Plane Variation Projections into Front Setbacks

==> picture [330 x 101] intentionally omitted <==

---

Measurement. Massing breaks shall be measured from the building footprint, regardless of the setback.

D.

Tier 3 Design Strategies: Fenestration and Materials. Projects shall incorporate, at a minimum, the number of design strategies identified in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type) for Tier 3 (Fenestration and Materials), choosing from the list of strategies below. Design strategies shall be applied to all building façades, including those not facing the public right-of-way.

1.

For nonresidential uses, provide awnings with a minimum three-foot depth, covering at least seventy-five percent of windows and doors on the ground floor (see Subsection 21.50.060(A) [Awnings]).

2.

Exceed all applicable minimum transparency requirements (per Paragraph 21.50.050(B)3. [Transparencies]) by an additional five percentage points.

3.

Inset all windows by at least two inches from face of glass to face of window trim (or to face of exterior wall if there is no trim).

4.

Window trim on all windows, with a minimum width of 3.5 inches.

5.

Non-vinyl window frame material on all windows.

6.

Lintels applied over all window openings.

7.

Windowsills projecting a minimum of two inches beyond the building façade on all windows.

8.

Wood detailing applied to define a façade plane change between stories (not at the roof level) applied as either:

a.

Corbeled end beams or rafter tails, projecting a minimum of eighteen inches beyond the building façade, running the length of the façade plane change, which shall be applied to no less than fifty percent of the façade length; or

b.

Post and beam supports, with a minimum dimension of six inches, applied under all balconies. Post and beam supports shall extend a minimum of eighteen inches from the building facade.

---

Figure 21.50.050-6: Corbeled End Beams

==> picture [264 x 161] intentionally omitted <==

Figure 21.50.050-7: Post and Beam Supports

==> picture [264 x 215] intentionally omitted <==

9.

Use of a secondary cladding material (per Subsection 21.50.080(A) [Exterior Building Wall Materials]) that is different from the primary cladding material (per Section 21.50.080(A) [Exterior Building Wall Materials]). Secondary cladding material shall be applied for a minimum of ten percent of all façade areas, or three feet of cladding along the base for the full length of all façades. Exception: where window sills are lower than three feet, secondary cladding shall be applied up to the level of the lowest window sill.

Exceed porch width minimum requirements (per Paragraph 21.50.070(C)3. [Porch Frontage Requirements]) by an additional width equal to at least ten percent of the length of the building façade on which the porch is located.

Figure 21.50.050-8: Exceed Porch Width Minimum Requirements

==> picture [264 x 186] intentionally omitted <==

E.

Tier 4 Design Strategies: Roofs. Projects shall incorporate, at a minimum, the number of design strategies identified in Table 21.50.050-1 (Minimum Required Number of Design Strategies by Building Type) for Tier 4 (Roofs), choosing from the list of strategies below.

1.

Dormers applied to at least fifty percent of the windows of an upper floor visible from the public right-of-way, but no less than two windows.

2.

Eaves and rakes, with a twenty-four-inch minimum projection, applied on all roof sections.

3.

Corbeled end beams or rafter tails at provided eaves, projecting a minimum of sixteen inches beyond the building façade and placed at a distance of between two and three feet between each corbeled end beam/rafter tail, for the length of each roof eave.

4.

A cornice projecting a minimum of four inches and a maximum of eight inches, extending the length of the building.

5.

Combining more than one roof type; the secondary roof type shall represent at least twenty-five percent of the total roof line. See Subsection 21.50.060(C) (Roofs) for allowed roof types.

6.

Variation in the roof profile, by either:

a.

Varying the height of the same roof type by at least eighteen inches in height for each one to three units exposed on that elevation;

b.

Varying the pitch of the same roof type by at least twenty-five percent; or

c.

Gables equal to at least forty percent of the façade length.

Figure 21.50.050-9: Gabled Roof Profile

==> picture [286 x 177] intentionally omitted <==

7.

Installing either clay tile or standing seam metal roof for at least fifty percent of roof area.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

---

21.50.060 - Requirements for all awnings, balconies, roofs, mechanical equipment, and detached accessory structures.

The following standards shall apply to all roofs, awnings, balconies, mechanical equipment, and detached accessory structures incorporated into development projects subject to this chapter:

A.

Awnings. The following standards shall apply to awnings:

1.

Awnings shall be placed above storefront doors and may be placed above windows.

2.

Awnings shall be a minimum of five percent larger than the width of the opening to emphasize building proportions.

3.

Awnings shall be constructed of canvas, wood, or metal.

Awnings or canopies may encroach into the public right-of-way over the sidewalk, extending to a distance within two feet of the face of a curb. Any awnings that encroach into the public right-of-way shall maintain eight feet clear as measured from grade and shall be required to be reviewed and approved by the city engineer.

B.

Balconies. The following standards shall apply to balconies:

1.

Where visible from the public right-of-way, occupiable private balcony guardrails/enclosure walls shall not be transparent and shall maintain a minimum of fifty percent and a maximum of seventy-five percent opacity. Materials used to create opacity materials shall be permanent fixtures, not fabric.

2.

When private balconies project from a building façade, the maximum depth shall be ten feet, measured from the building footprint, regardless of the setback.

3.

To count toward required open space, balconies shall be a minimum of eight feet in width, five feet in depth, and eight feet in height.

4.

Unoccupiable balconies, such as Juliet balconies, can be used to fulfill a Tier 2 wall plane variation requirement per Subsection 21.50.050(C), but shall not count toward required open space. Unoccupiable balconies shall be a minimum of three feet wide and twelve inches deep.

Figure 21.50.060-1: Balcony Projection/Recess

==> picture [198 x 183] intentionally omitted <==

C.

Roofs. The following standards shall apply to roofs:

1.

Allowed Roof Types. Roofs shall be one of the following types:

a.

Gable;

b.

Flat;

c.

Shed; or

d.

Hipped.

2.

Regulations for All Roofs. All roofs shall:

a.

Have a pitch of at least 3:12 when not flat (flat roofs shall require the minimum slope for drainage per California Building Code);

b.

Have at least two planes/orientations; and

c.

Have eaves, rakes, or overhangs, extending the length of the roof, with an eighteen-inch minimum projection.

3.

Regulations for Gable Roofs. Where the nonvertical end of a gable roof faces the street, gables equal to at least twenty-five percent of the façade length are required along the street-facing side. If fewer gables are provided, the vertical side of a gable shall be oriented toward the street.

4.

Regulations for Flat Roofs. Flat roofs, applied as a secondary roof type and not exceeding fifty percent of the roof line, are allowed, provided the flat roof incorporates at least one of the following:

a.

A cornice, projecting a minimum of four inches and a maximum of eight inches, extending the length of the flat roof;

b.

An eave with a twenty-four-inch minimum projection, extending the length of the flat roof;

c.

A three-dimensional tower element, which extends between three and six feet in height above the top of the adjacent building façades; or

d.

A change in height of at least four feet greater or less than the height of the abutting adjacent façade for at least twenty-five percent of the roofline in each elevation visible from a public right-of-way.

5.

Regulations for Shed Roofs. Shed roof types, applied as either a primary or secondary roof type, shall comply with at least one of the following measures:

a.

Vary the pitch of the roof by at least twenty-five percent;

b.

Vary the orientation of roofs;

c.

Vary height by at least four feet greater or less than the height of the abutting adjacent façade; or

d.

Use a shed roof as a secondary roof type (coupled with a different primary roof type).

D.

Mechanical Equipment. Mechanical equipment shall be located and screened pursuant to Chapter 21.47 (Mechanical Equipment and Screening).

E.

Detached Accessory Structures. Detached accessory structures shall be designed to be consistent with the architecture of the main building, using the same materials and colors.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Allowable Frontage Types by Building Type. All building designs shall incorporate at least one of the frontage types allowed for that building type for each street-facing elevation, as identified in Table 21.50.070-1 (Allowed Frontage Types by Number of Residential Units) and described in Subsections B. and C. below.

Table 21.50.070-1: Allowed Frontage Types by Number of Residential Units

11+ units

— Allowed

Allowed

B.

Requirements for All Frontage Types.

1.

Entries associated with individual ground-floor dwelling units or a lobby entrance serving several units shall be oriented toward a street or internal pathway/courtyard.

2.

Within vertical mixed-use buildings, pedestrian access to the residential uses shall be separate, such as via a lobby, from access points to commercial uses.

C.

Standards for Individual Frontage Types.

1.

Storefront Frontage Requirements.

a.

The minimum dimensions for storefront frontage elements shall be as in Table 21.50.070-2.

Table 21.50.070-2: Storefront Frontage Elements

Figure 21.50.070-1: Storefront Frontage Requirements

==> picture [264 x 147] intentionally omitted <==

b.

A storefront frontage may be recessed or in line with required front setback.

c.

Storefront glass shall be clear without reflective coating or dark tinting. Lightly tinted glazing that is less than fifteen percent and low emissivity is acceptable.

d.

Glass in transom and clerestory windows may be clear, stained glass, or frosted glass.

e.

Doors shall use the same materials and design as display windows and framing.

f.

Bulkheads, where used, may include any of the following materials: ceramic tile, wood panels, polished stone, or glass tile.

g.

Awnings shall comply with Section 21.50.060(A) (Awnings).

2.

Arcade Frontage Requirements.

a.

The minimum dimensions for arcade frontage elements shall be as in Table 21.50.070-3.

Table 21.50.070-3: Arcade Frontage Elements

Figure 21.50.070-2: Arcade Frontage Elements

==> picture [286 x 160] intentionally omitted <==

b.

Along primary frontages, arcade column spacing shall correspond to storefront openings.

c.

Column height shall be between four to six times the column width. Column spacing and colonnade detailing, including lighting, shall be consistent with the style of the building to which it is attached.

3.

Porch Frontage Requirements.

a.

The minimum dimensions for porch frontage elements shall be as in Table 21.50.070-4.

Table 21.50.070-4: Porch Frontage Elements

b.

Porches shall correspond directly with the building entry(s) to which the porch provides access.

c.

Porches shall include a gabled entry, distinct change in roof line or columns, or have some other significant architectural distinction to define the entryway.

d.

Exterior stairs leading to the porch may be perpendicular or parallel to the adjacent sidewalk.

e.

For projecting porches, porch depth shall be measured between the wall and the outside column face. Porch width shall be measured from the outside of corner columns. Where no columns exist (in the case of a cantilever or half wall), porch width and depth shall be measured from the edge of any stoop and the inside edge of any half wall.

f.

For recessed porches, porch depth shall be measured between the recessed portion of the wall and the ultimate building façade. Porch width shall be measured between the walls, with no point being less than the required minimum width.

Figure 21.50.070-4: Projecting Porch Entry

==> picture [308 x 171] intentionally omitted <==

Figure 21.50.070-5: Recessed Porch Entry

==> picture [308 x 177] intentionally omitted <==

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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21.50.080 - Building materials and colors.

A.

Exterior Building Wall Materials.

1.

Allowed and Prohibited Materials. Table 21.50.080-1 (Exterior Building Materials) identifies allowed and prohibited exterior building wall materials. Materials not listed are prohibited unless approved through a discretionary review process. Veneers, where applied, shall be returned at least four feet from exterior corners or dead end into a projecting or recessed façade feature, whichever is less.

Table 21.50.080-1: Exterior Building Materials

P: Primary or secondary material

S: Secondary or accent material only

A: Accent material only

N: Not allowed/prohibited

Application Requirement. Detailed drawings shall indicate how sheet or panelized materials will be joined, and how lines formed by control joints related to other architectural details shall be provided.

B.

Windows and Doors. Mirrored glass is prohibited.

C.

Polyurethane Foam. Exterior decorative molding, cornices, and trim constructed with exposed polyurethane foam are prohibited.

D.

Roof Materials. Roof materials shall not be reflective, glossy, or polished.

E.

Color Variety.

1.

The number of colors appearing on the entire building exterior shall be at least two and not more than four (or four tones of the same color). This color variety requirement may be met with trim, eaves and rakes, rafter tails, secondary cladding materials, or other accent materials of a different color or colors that differ from the primary facade color. A different color roof shall not count as a different color for the purposes of this subsection.

2.

Certain materials (such as brick or stone) have distinct coloring in their natural state and shall count as an element of color, to be incorporated into the overall design.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Where the side or rear property line abuts a property in the R-1 zoning district, the following standards shall apply.

A.

Setbacks Adjacent to R-1 Zoning District. Where a property line abuts an R-1 zoning district, the abutting setback (either rear or side) shall be twenty feet for buildings taller than two stories, except that buildings that house only pool spa filter and heating systems may be set back five feet.

B.

Window Orientation. Projects that are more than two stories in height and that contain eleven or more units shall orient less active uses (such as bedrooms and bathrooms) toward the adjacent R-1 zoning district property line. Windows associated with kitchens and living areas shall not be oriented toward the adjacent R-1 zoning district property line.

C.

Balcony Orientation. Upper story balconies on buildings visible from the adjacent R-1 zoning district shall not be oriented toward the adjacent R-1 zoning district property line.

D.

Landscape Buffer. A minimum five-foot-wide landscape buffer (clear of any wall footings) shall be provided adjacent to an R-1 zoning district. evergreen screening trees shall be:

1.

Planted at a minimum interval of fifteen feet along interior property lines abutting an R-1 zoning district;

2.

Consist of species that attains a twenty-foot minimum height at maturity; and

3.

Minimum fifteen-gallon size at time of planting.

Figure 21.50.090-1: Transitions to Adjacent R-1 Zoning District

==> picture [264 x 234] intentionally omitted <==

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.51 - REFUSE AND RECYCLING AREAS

A.

Purpose. This chapter establishes standards for the location, development, and operations of refuse and recycling enclosures to ensure that the storage of trash, green waste, and recyclable materials does not have significant adverse health consequences, minimizes adverse impacts on surrounding properties, and complies with state law.

B.

Applicability. All new and expanded commercial and industrial projects with a floor area exceeding five hundred square feet, all intensifications of commercial and industrial uses, all new multi-unit residential projects located in any zoning district, and all new mixed-use projects shall be required to provide and maintain at least one trash enclosure. Trash enclosures may be located indoors or outdoors to meet the requirements of this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Maintenance. Maintenance of each enclosure area and any bins and containers shall be the responsibility of the property owner. The property owner shall be responsible for keeping the area clean and free of litter, rodents and insects. Enclosures that are damaged to the point of non-use will result in a service interruption if the hauler cannot access the containers and shall be repaired within ninety days.

B.

Regular Collection. The property owner is responsible for arranging the regular collection or pick-up of refuse and recyclable and/or organic materials stored in the container area. Materials shall not be allowed to accumulate such that a visual, public health, or safety nuisance is created.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Notwithstanding the standards listed in this section, solid waste management and the siting and design of garbage enclosures shall be subject to any garbage enclosure standards adopted by the city solid waste and recycling manager and/or city engineer.

B.

Size and Location. Refuse, including organic waste and fats, oils, and grease, and recycling collection areas shall be sized and located as provided below. Additional storage area and alternative designs may be required based on the types and quantities of materials to be generated by the proposed land use and the mode of collection. Additional design requirements may be applied for the purposes of preventing stormwater pollution discharges.

1.

Size and Number. Refuse and recycling collection areas shall be adequate in capacity, number, and distribution to accommodate all trash, garbage, recyclables, green waste, organic waste, and any other waste until such items are picked up by the city or its contracted collector. The city solid waste and recycling manager shall determine the minimum numbers of bins/enclosures necessary for all required waste containers for a multi-family and nonresidential development as a function of the proposed design.

2.

Location.

Refuse and recycling collection areas shall be located outside the required front yard and street side yard, parking spaces, landscaped areas, and any other area required by the Municipal Code to be constructed or maintained unencumbered according to fire codes and other applicable building and public safety laws.

Detached enclosures shall be located a minimum of ten feet from any structure and, in commercial areas, twenty-five feet from any residentially zoned property line.

C.

Design of Enclosure Area.

1.

Enclosures shall be constructed of the same architectural design and materials of the primary structures on site, or shall be constructed of a darker earthtone textured block. Trash enclosures shall use opaque materials that obscure views of the trash containers. Chain link fencing is prohibited in enclosures and doors when visible from the public right-of-way or abutting residential properties.

2.

The interior dimensions of the enclosure shall provide convenient and secure access to the containers to prevent access by unauthorized persons and to minimize scavenging, while allowing authorized persons safe access for disposal and collection of materials.

All outdoor enclosures shall have full roofs with adequate height clearance to enable ready access to any containers.

3.

All outdoor enclosures shall incorporate stormwater pollution reduction measures as required by the stormwater manager.

D.

Modification. Modifications to development standards for refuse and recycling areas may be allowed through a site plan modification (Section 21.17.020). In approving such a request, in addition to the findings associated with a site plan modification (Subsection 21.17.010(C)), the review authority shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this chapter or is otherwise satisfactory and complies with the intent of these provisions. The city solid waste and recycling manager reserves the right to require specific safety measures, interior dimensions, openings, grades, and other numerical proportions to ensure the city or its contracted collector can service the enclosure in compliance with state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.52 - SIGNS

21.52.010 - Purpose and applicability.

A.

Purpose. These regulations and standards for signs are established to provide a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements to:

1.

Protect the general public health, safety, welfare, and aesthetics of the city;

Provide for the identification of uses in a manner appropriate to the activity conducted on a site and consistent with the purposes of the zoning district in which the site is located;

2.

Eliminate confusing, distracting, or dangerous sign displays that interfere with vehicular and pedestrian movement;

Prevent damage to or interference with the normal use of public property;

4.

Ensure the proper maintenance of signs;

Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content-neutral approach and appropriately regulating the time, place, and manner under which signs may be displayed;

5.

Preserve and improve the appearance of the city, protect the city from visual clutter and blight, and promote attractive and harmonious structures and environments by regulating the design, character, location, type, quality of materials, scale, illumination, and maintenance of signs; and

6.

Balance the rights of individuals to convey their messages and the right of the public to be protected against the unrestricted proliferation of signs and to provide for fair and equal treatment of sign users.

B.

Applicability. The regulations of this chapter apply to all signs as defined in Section 21.52.020 (Definitions) that are placed on private property, including but not limited to signs that are specifically exempted in this chapter and:

Billboards, which are addressed in Title 19 (Billboard Signs), and

a.

Bench signs and sandwich board/A-frame signs in the public right-of-way, which are addressed in Chapter 11.30 (Street Furniture).

Content-based restrictions may be imposed in limited instances where the city has a compelling governmental interest in such restrictions and the restrictions are narrowly tailored to achieve that interest.

C.

Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Signs. The following definitions shall apply to signs and sign-related regulations:

1.

A-Frame Sign. A temporary freestanding sign constructed of two rigid signs connected on one edge, typically the top. For A-frame signs in the public right-of-way, see Chapter 11.30 (Street Furniture).

Architecturally Integrated Base. A support structure for a monument sign that is constructed from materials compatible with the building or development.

3.

Awning Sign. An identification sign that is painted or applied to the face, valance, or side panel of an awning or canopy.

4.

Banner. A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, nonrigid material that can be mounted to a building with screws, cord, rope, cable, or a similar method. This sign type does not include flags (see "flags") or feather signs (see "feather signs").

5.

Bench Sign. A prohibited sign located on a bench or similar structure.

6.

Billboard. As defined in Section 19.01.040 of Title 19 (Billboards).

7.

Commercial Sign. A sign that is meant to draw attention to a commercial use.

8.

Conforming Sign. A sign that is legally installed in accordance with federal, state, and local permit requirements and laws.

9.

Construction Site Sign. A temporary sign at an active construction site.

10.

Content-Neutrality; Time, Place, and Manner Regulations. Consistently applicable, nondiscriminatory sign regulations that specify—without reference to the content of the message—when, how, and where a sign can be displayed, with physical standards such as but not limited to height, size, and location, that allow the sign to be readable.

11.

Copy. The message or content of a sign, which may include letters, numbers, logos, figures, and/or images.

12.

Directory Sign. A wall-mounted sign located at a multi-tenant center intended to list the location of multiple businesses within the structure or business center.

13.

Door and Window Sign. Any sign affixed to, painted to, or in contact with a door and/or window, and which is intended to be seen from the exterior.

Double-Faced Sign. A sign constructed to display its message on two parallel opposing (back-to-back) faces.

15.

Exception. An approval to deviate from the criteria of this chapter.

16.

Face. See "sign face".

17.

Feather Sign. A prohibited temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material, typically taller than it is longer, and supported by a single vertical pole mounted into the ground or on a portable structure. This sign type does not include flags (see "flag").

18.

Flag. A fabric, cloth, plastic, vinyl, canvas, leather, or other similar material sheet of square, rectangular, or triangular shape that is attached to a staff cord and mounted on a pole. This sign type includes official flags of national, state, or local governments. This sign type does not include commercial speech, feather signs (see "feather sign"), banners (see "banners"), or pennants (see "pennants").

19.

Floor Treatment. Special exterior floor treatment on private nonresidential properties, such as paint indicating the name of the business and/or a business logo.

20.

Freestanding Sign. A sign supported by a structure connected permanently to the ground or displayed directly upon a base connected permanently to the ground that is not structurally connected to a building or other structure.

21.

Governmental Sign. A governmental sign for control of traffic and other regulatory purposes, including street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety.

22.

Hanging Sign. An identification sign hung from an awning, canopy, or other building projection.

23.

Highway-Oriented Sign. A freestanding sign exceeding six feet in height, located within the highway-oriented sign overlay zoning district as indicated on the city's zoning map. Highway-oriented signs are permitted only on properties with a business that is associated with vehicle fuel sales, restaurant, motel, hotel, or vehicle sales uses.

24.

Illuminated Sign. A sign for which an artificial source of light is used to make the message readable. This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs.

Inflatable Sign. A prohibited sign consisting of any object intended to draw attention to a commercial business that is enlarged or inflated and floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.

26.

Informational Sign. A sign erected for the safety or convenience of the public including, but not limited to, signs such as "one way", "entrance", "exit", "restrooms", "telephone", "No Smoking", "Manager's Office", house numbers, business addresses, historic designation plaques, and other signs of a similar nature that do not include commercial speech.

27.

Interior Sign. A sign located completely within a building or structure, except for window signs.

28.

Master Sign Program. A uniform design for signs within a multi-tenant center.

29.

Message. See "Copy."

30.

Multi-Faced Sign. A sign constructed to display its message on three or more connected faces.

31.

Multi-Tenant Center. A commercial, office, or industrial building or complex of buildings that accommodates three or more tenants (businesses or activities). Multi-tenant centers may be located on a single lot or on several lots that were developed under a master development plan.

32.

Monument Sign. See "freestanding sign."

33.

Noncommercial Sign. Any sign that does not draw attention to any commercial use and instead contains a noncommercial message related to Debate or commentary on topics of public concern; for example, politics, religion, philosophy, science, or art.

34.

Nonconforming Sign. A sign that was legally established prior to the effective date of Chapter 21.52 (Signs) and that does not conform to the provisions of that chapter. Signs that require city approval but have been established without the benefit of city approval are considered illegal signs and are subject to abatement pursuant to Subsection 21.52.110(A) (Abatement).

35.

Off-Premises or Off-Site Sign. A prohibited sign that promotes a business, activity, product, or service available on property other than that on which the sign is located, or which directs the public to a business or activity on another property.

Parapet. A wall or railing that protects the edge of a platform or roof.

37.

Pennant. A temporary sign generally made of flexible materials, usually cloth, paper or plastic. This definition does not include a flag of any nation, state or political subdivision.

38.

Permanent Sign. A sign constructed of durable materials and attached to a building, structure, or the ground in a manner that will resist environmental loads such as wind, precludes ready removal or movement of the sign, and is intended to exist for the duration of time that the use or occupant is located on the premises.

39.

Pole Sign. A prohibited freestanding sign that is greater than six feet in height and mounted on an elevated pole(s), does not include "highway oriented signs". See Subsection 21.52.080(E) for existing pole signs.

40.

Projecting Sign. A sign that is mounted to a building perpendicular to the plane of the building surface.

41.

Roof Sign. A sign erected on or above the roofline of a building or a sign painted on or attached directly to the roof.

42.

Sign. Any physical form of visual communication (including, but not limited to, objects, pictures and architectural features) that is intended to be viewed from outdoor public areas. A sign includes all parts, portions, units and materials composing same, together with illumination, frame, background, structure, support and anchorage.

43.

Sign Face. The area of a sign on which copy is intended to be placed.

44.

Sign Area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.

45.

Single Face Sign. A sign with only one face plane.

46.

Temporary Sign. A sign which is designed, constructed and intended to be on display for a limited period of time, typically made of lightweight or flimsy materials that can be easily and quickly mounted or removed. Does not include signs in the public right-of-way (which are subject to the requirements of Chapter 11.30 for Street Furniture).

47.

Three-Dimensional Sign. Any sign which is a three-dimensional, sculptured, or molded representation of an animate or inanimate object that identifies, advertises, or otherwise directs attention to a product or business.

48.

Traffic Control Sign. See "governmental sign."

49.

Vehicle-Mounted Sign. A prohibited sign that is affixed to an automobile, truck, trailer or other vehicle where the primary purpose of the vehicle relates to its use as a sign, whether parked on public or private property. A vehiclemounted sign does not include a sign on a vehicle that is used for the purpose of lawfully making deliveries of sales or merchandise or rendering services from such vehicles. A vehicle-mounted sign also does not include a sign that advertises the sale of the vehicle to which it is affixed.

50.

Wall-Mounted or Building-Mounted Sign. An identification sign mounted on an exterior wall of a building.

51.

Window Sign. See "door or window sign."

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Signs specified in this section are exempt from the fee and permit requirements of Section 21.52.060 (Sign Permit, Sign Program, and Modification Requirements) to the extent allowed by this chapter. Signs specified in this section shall not count towards cumulative allowable sign area, but must satisfy all other construction permit requirements, as applicable (such as building, electrical, plumbing, grading, encroachment, etc.).

A.

Directory Sign. One directory sign per street frontage as follows:

1.

Maximum area: One square foot per tenant, up to four square feet.

2.

Maximum height: Six feet.

3.

Internal illumination prohibited.

B.

Door and Window Signs. Signs on doors and/or windows are allowed, provided such signs cover no more than thirty percent of the total glass area of the window and/or door on which they are placed and further provided such signs are not be placed above a height of six feet from the adjacent exterior building grade.

C.

Flags. Flags of any nation, state, or municipality may be flown. This exemption does not apply to commercial speech, feather signs, or pennants as defined in Section 21.52.020 (Definitions).

D.

Floor Treatments. Floor treatments, as defined in Section 21.52.020 (Definitions) shall have an area of no more than one square foot per lineal foot of building or tenant space frontage, be completely flush with the surrounding pavement, and shall be on a floor or pavement that is completely horizontal.

E.

Governmental Signs. Governmental signs required by law are exempt from the fee and permit provisions of this chapter.

F.

Informational Signs. No such sign shall exceed two square feet in area.

G.

Interior Signs. Any interior sign placed within the window perimeter and within three feet of the glass is subject to the limits for window signs specified in Subsection 21.52.030(B) (Door and Window Signs) of this section.

H.

Repair and Change of Copy of Conforming Signs. No fee or permit shall be required to repair, clean, repaint or refurbish any lawful conforming sign or to change the copy of any conforming sign.

I.

Temporary Signs. As allowed in Section 21.52.090 (Temporary Signs).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Those classes of signs designated in this section are expressly prohibited and shall not be erected in any zoning district.

A.

Bench Signs. Bench signs as defined in Section 21.52.020 (Definitions) are prohibited.

B.

Conflict with Traffic Control Signs. Any sign or sign structure that by color, wording, or location resembles or conflicts with any traffic control sign or device is prohibited.

C.

Feather Signs. Feather signs as defined in Section 21.52.020 (Definitions) are prohibited.

D.

Inflatable Signs. Inflatable signs as defined in Section 21.52.020 (Definitions) are prohibited.

E.

Flashing Signs. Any sign that rotates (except for flags, pennants, and other similar types of signs), flashes, changes, reflects, blinks, or appears to do any of the foregoing-except for those signs that only portray time and temperature-is prohibited.

F.

Off-Premises Signs. Off-premises signs are prohibited, except for billboards (see Title 19), authorized temporary signs, and directory signs that are in conformance with this chapter, or any other off-premises sign that is allowed by this chapter.

G.

Pole Signs. New pole signs are prohibited except as approved as a highway-oriented sign consistent with Subsection 21.52.080(H) (Highway Oriented Signs).

H.

Traffic Hazard. Any sign that creates a safety hazard by obstructing the clear view of pedestrian and vehicular traffic is prohibited.

I.

Vehicle-Mounted Signs. Vehicle-mounted signs as defined in Section 21.52.020 (Definitions) are prohibited. This section is not intended to prohibit the display of commercial message that may cover all or part of a vehicle and that serves the purpose of advertising a commercial message as long as that vehicle is in operation and whose primary purpose is for regular transportation. The following criteria may be used in determining whether the primary purpose of the motor vehicle is a sign. It is not necessary that any one or all the listed criteria are met in order to determine that a sign is a prohibited vehicle-mounted sign:

1.

Whether the vehicle is in operating condition, currently registered, and licensed to operate on public streets when applicable.

2.

While the business is open, the vehicle is not moved, and the vehicle is so parked or placed that the signs thereon are displayed to the public.

3.

Whether the vehicle is regularly parked in a location and in a manner so as to be observed by passers-by.

4.

Whether the vehicle is actively used as a vehicle in the daily function of the business to which such signs relate.

5.

Whether the sign includes directional copy that would only be applicable if parked in the vicinity of the use.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

No person, other than a city official or city staff member, shall cause a sign to be placed or projected into the right-ofway of a public street or on any public property without the express permission of the city.

B.

It is unlawful at any time to erect or place upon or maintain upon any utility pole, traffic regulating sign, lamppost, street, sidewalk, or appurtenance thereto, any advertising material of any nature whatsoever, unless allowed pursuant to Chapter 11.30 (Street Furniture). This provision shall not apply to or restrict any public utility or public authority from erecting any signs or other markers that may be necessary for public health, safety, or welfare.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.52.060 - Sign permit, sign program, and modification requirements.

A.

Review Authority. Table 21.52.060-1 (Sign Permit Review Authority Summary) identifies the review authority responsible for reviewing and making decisions on each type of application required by this chapter. In addition to sign permit review, applicants must also satisfy all other permit requirements, as applicable (such as building, electrical, plumbing, grading, encroachment, etc.).

_____

Table 21.52.060-1: Sign Permit Review Authority Summary

---

B.

Sign Permit. A sign permit is required to erect, move, alter, replace, or reconstruct any sign except those exempted by Section 21.52.030 (Signs Exempt from Permit Requirements). An application for a sign permit shall be filed and processed on the prescribed application forms in accordance with the procedures in Chapter 21.09 (Application Processing and Common Procedures).

C.

Sign Programs. A sign program is intended to unify all signs within a multi-tenant project with signs that are architecturally compatible with the architectural theme of the buildings.

1.

A master sign program is required for a commercial center or building with five or more tenants.

2.

A master sign program shall comply with the standards of this chapter unless a development plan modification is approved by the review authority (development plan modification [Section 21.16.020]).

3.

A master sign program shall include criteria for the size, type, location, colors, materials, illumination, and design of all signs allowed in the center.

4.

The master sign program shall describe the review and approval process for amendment to the master sign program.

D.

Development Review Process.

1.

Possible Actions. The review authority shall review an application for a sign permit for conformance with this chapter.

a.

Approval. If the application meets the requirements of this chapter, the review authority shall approve the application, which will result in the issuance of a sign permit.

b.

Conditional Approval. If the application does not meet the requirements of this chapter, the review authority may issue a conditional approval and require that the sign comply with this chapter. If a conditional approval is granted, the review authority may require specific amendments to a sign permit application before a permit will be issued.

c.

Denial. If the review authority determines that the sign permit application does not comply with the provisions of this chapter and an exception is not approved pursuant to Section 21.52.060(E) (Modifications), the review authority shall deny the application.

2.

Notice of Action. Within ten working days of the decision, the city shall provide a written notice to the applicant. In the case of a denial or conditional approval, the written notice shall inform the applicant of the manner in which the application fails to conform to the requirements of this chapter and any adopted conditions of approval.

Appeal. An applicant whose application has been denied by the review authority's decision may be appealed in compliance with Chapter 21.25 (Appeals and Calls for Review).

4.

Written Record. The community development department shall prepare and maintain a written record of decisions regarding the approval (including any modifications), conditional approval, or a denial of sign permit applications.

E.

Modifications.

1.

Allowed Modifications. Modifications to sign standards may be allowed through either a site plan modification (Section 21.17.020), development plan modification (Section 21.16.020), or special planned development (Section 21.11.020) as indicated in Table 21.52.060-2 (Sign Modifications), provided:

a.

No modification from the provisions of Section 21.52.040 (Prohibited Signs) is allowed.

b.

No modification shall allow signage in the public right-of-way.

c.

A site plan modification (Section 21.17.020) shall not allow any increase in sign area.

Table 21.52.060-2: Sign Modifications

2.

Findings. In approving such a request, the review authority shall make the applicable findings required for a site plan modification (Subsection 21.17.020(C)) or development plan modification (21.16.020(D)) as well as determining that there are practical difficulties, physical restrictions, unusual building features (or similar characteristics) not generally shared by other properties in the same zoning district.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Sign Height. The height of a sign shall be measured from the average ground level adjacent to the base of a sign to the highest part of the sign. Where a sign is placed on an earth berm, raised planter, or similar feature, the height of a sign shall include all or a portion of such a feature.

Figure 21.52.070-1 Calculating Sign Height

==> picture [286 x 101] intentionally omitted <==

B.

Sign Area.

1.

Calculating Sign Area—Generally. Supporting structures, such as sign bases, columns, and decorative features shall not be included in any calculation of sign area, provided that they contain no lettering, graphics, or brand colors except for addresses. See Figure 21.52.070-2.

Figure 21.52.070-2 Calculating Sign Area—Generally

==> picture [286 x 135] intentionally omitted <==

2.

Calculating Sign Area—Single-Faced Signs. Sign area for single-faced signs shall be calculated by enclosing the extreme limits of all sign backing and borders, brand colors, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of horizontal and vertical lines with no more than eight corners.

Figure 21.52.070-3 Calculating Sign Area—Single-Faced Signs

==> picture [286 x 147] intentionally omitted <==

---

3.

Calculating Sign Area—Double-Faced Signs. Only one face of a double-faced sign shall be used to calculate the permitted area of a double-faced sign. Double-faced (back-to-back) signs shall be regarded as a single sign when the sign is mounted on a single structure. Where the two faces are not equal in size, the larger sign face shall be used.

4.

Calculating Sign Area—Multi-Faced Signs. On a multi-faced sign, the combined sum of the area of all faces shall be used to calculate the permitted area of the sign.

5.

Calculating Sign Area—Three-Dimensional Signs. Signs that consist of, or have attached to them, one or more threedimensional objects (for example, balls, cubes, clusters of objects, sculpture, or statue-like trademarks) may have a sign area that is the sum of two adjacent sides of the smallest cube (rectangular cuboid) that will encompass the sign. Signs with three-dimensional objects that project six inches or less from the sign face shall be measured as a singleface sign. See Figure 21.52.070-4.

Figure 21.52.070-4 Calculating Sign Area for Three-Dimensional Sign

==> picture [198 x 162] intentionally omitted <==

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Signs Requiring a Permit. This section identifies the types of permanent signs allowed, zoning districts where specific sign types are allowed, and the limitations on the establishment of such signs. All signs described in this section shall require a sign permit.

B.

General Sign Standards. All signs under this section shall be subject to the following sign standards, unless a modification is granted, pursuant to Section 21.52.060(E) (Modifications).

1.

Building-Mounted Maximum Sign Area. For any building or tenant space frontage, the total maximum sign area for all building-mounted signs, except window signs and not including freestanding signs, shall not exceed one square foot

of sign area for every linear foot of building with street frontage, except as otherwise required by Subsection 21.52.080(L) (OP Zoning District - Additional Regulations).

2.

Compatibility with Architecture. Signs shall utilize materials, colors, and design motifs that are compatible with the architecture and color of the buildings on-site.

3.

Proportional to Building. Signs shall be designed in scale and proportion to the building they serve.

4.

Colors. Sign colors and materials shall complement the colors and architecture of the building. The use of fluorescent colors for sign backgrounds are not allowed. The use of stark white for an internally illuminated background is not allowed.

5.

Illumination. All illuminated signs shall be designed in such a way as to avoid undue glare or reflection of light on private property in the surrounding area. High-intensity lights shall be avoided. Instead, lighting shall be directed at the sign and placed in the least visible manner possible.

6.

Residential Zoning Districts. In a residential zoning district, permanent signs are allowed as follows:

a.

To identify a subdivision or multi-unit project; and/or

b.

To identify a legally established business that is the primary use on the property (specifically excluding home occupation businesses, family day care homes, limited residential care facilities, and similar uses where residential use is the primary use on the property.

7.

Noncommercial Signs. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, religious, or other noncommercial speech shall be permitted wherever commercial signage is permitted.

C.

Awning Signs. Awning signs shall be painted or applied flat against the awning surface. Awning signs shall count toward the square footage limit of building-mounted signs (Paragraph 21.52.080(B)1. [Building-Mounted Maximum Sign Area]).

D.

Billboards. Billboard sign criteria are listed in Title 19 (Billboards).

E.

Existing Pole Signs. Existing pole signs, as defined by this chapter, may be restored and refaced with new sign text, provided that all of the following criteria are met:

1.

Location. The existing pole sign shall not be located within the public right-of-way.

2.

Size. The sign's size and/or height shall not be increased.

F.

Freestanding Signs. Freestanding signs shall be subject to the following requirements:

1.

Location. Freestanding signs shall not be placed in the public right-of-way, or any location that would obstruct motorists' clear view of pedestrian and vehicular traffic, as determined by the city engineer. Wherever possible, freestanding signs shall be located within landscaped areas.

2.

Support Structure. The supporting structure of a freestanding sign shall be an architecturally integrated base, posts, or a decorative block wall. If mounted on a block wall, the top of the sign face shall not exceed six feet in height and the wall shall meet the height and setback requirements for a fence listed in Chapter 21.44 (Fences, Walls, and Hedges) including any modifications approved by the applicable review authority.

3.

Fueling Stations. Price signs shall be incorporated into freestanding signs. Fueling station signs shall not exceed twenty-four square feet in area and six feet in height. Fueling station signs shall comply with all applicable state laws.

4.

Small Centers. Freestanding signs on properties with one or two businesses or activities shall be subject to the following regulations:

a.

Number of Signs. No more than one sign per street frontage.

b.

Sign Area. Freestanding signs shall not exceed thirty-two square feet in sign area, except for service station signs as specified in Paragraph 21.52.080(F)3. (Fueling Stations) of this subsection.

c.

Height. Freestanding signs shall not exceed six feet in height.

5.

Multi-Tenant Centers. Freestanding signs in a multi-tenant center with three or more tenants shall be subject to the following regulations:

a.

Number. No more than one freestanding sign shall be permitted per three hundred linear feet of street frontage.

b.

Sign Area. Freestanding signs shall not exceed thirty-two square feet in sign area, except for service station signs as specified in Paragraph 21.52.080(F)3. (Fueling Stations) of this subsection.

c.

Height. Freestanding signs shall not exceed six feet in height.

d.

Spacing. Freestanding signs shall be at least two hundred feet apart from any other freestanding sign.

e.

Master Sign Program. The theme of a sign in a multi-tenant center shall be approved as part of the master sign program during the development review for the center.

f.

Design. A freestanding sign in a multi-tenant center shall be consistent in terms the of graphics, materials, and color with the signage of the entire center.

6.

Development of Ten Acres or More. In developments of ten acres or more, one freestanding sign that meets the following standards shall be allowed in addition to freestanding signs allowed in multi-tenant centers:

a.

Size. The freestanding sign shall not exceed one hundred square feet in sign area.

b.

Height. The freestanding sign shall not exceed twelve feet in height.

c.

Placement. The freestanding sign shall only be placed on exterior public streets that surround the project. Such freestanding sign shall not be placed on the interior streets within the subdivision.

d.

Spacing. The freestanding sign shall be at least two hundred feet from any other freestanding sign.

G.

Hanging Signs.

1.

Maximum Sign Area. Hanging signs shall count toward the square footage limit of building-mounted signs (Paragraph 21.52.080(B)1.).

2.

Clearance and Projection Limits. A hanging sign shall have a minimum vertical clearance of eight feet and six inches above a public or private sidewalk or driveway. A hanging sign shall comply with applicable building and fire codes.

H.

Highway-Oriented Signs. Highway-oriented signs are subject to the approval of a conditional use permit and may be placed only in the highway-oriented sign overlay zoning district as indicated on the city's zoning map. Highwayoriented signs shall be allowed in additional to any allowed freestanding signs as specified in Subsection 21.52.080(F) (Freestanding Signs) when such signs meet the following requirements:

1.

Purpose. Highway-oriented signs may be approved for properties with businesses that are vehicle fuel sales, restaurants, motels, hotels, and vehicle sales and other regional commercial/highway-oriented uses, as determined by the planning commission as part of the conditional use permit process, or by the development review committee for sign copy changes on existing highway-oriented signs.

2.

Design. The city shall limit the number, height, and visual impact of highway-oriented signs when considering the conditional use permit. Highway-oriented signs shall be discouraged if adequate signs can be provided on the sides of buildings and in the form of monument signs.

3.

Height. The height of highway-oriented signs shall be limited to thirty feet. Height may be measured from the adjacent ground or to the adjacent highway surface measured where the highway is closest to the sign, whichever is higher. In the case where the sign is within five hundred feet of more than one highway, the sign height shall be measured to the higher of the two highways.

4.

Maximum Sign Size. The highway-oriented sign shall not exceed:

a.

Highway Oriented-Signs on Highway 46 East:

i.

One hundred fifty square feet in sign area for a multi-tenant center; or

ii.

Sixty square feet in sign area for a single tenant property.

b.

Highway Oriented-Signs on Highway 101:

i.

Three hundred square feet in sign area for a multi-tenant center; or

ii.

One hundred fifty square feet in sign area for a single tenant property.

5.

Number of Signs. No more than one highway-oriented sign per acre of property shall be permitted. Combining multiple signs onto a single sign structure is strongly encouraged.

6.

Minimum Property Size. Highway-oriented signs are permitted on sites with a one-acre minimum size unless the highway-oriented sign was approved as a part of a comprehensive sign program for a multi-use center (under which the city may approve pole signs for smaller parcels).

I.

Projecting Signs.

1.

Maximum Sign Area. A projecting sign shall be limited to a maximum sign area of twenty-five square feet, and shall count toward the square footage limit of building-mounted signs (Paragraph 21.52.080(B)1).

2.

Limitation on Placement. Projecting signs shall be attached at right angles to a building and shall have no more than two faces.

3.

Clearance and Projection Limits. A projecting sign shall have a minimum vertical clearance of eight feet and six inches above a public or private sidewalk or driveway. A projecting sign shall comply with applicable building and fire codes.

J.

Roof Signs. Roof signs shall count toward the square footage limit of building-mounted signs (Paragraph 21.52.080(B)1.). Roof signs shall not project above the highest ridge or parapet.

K.

Wall-Mounted Signs. Wall-mounted signs shall count toward the square footage limit of building-mounted signs (Paragraph 21.52.080(B)1.). For shopping centers with buildings that have entrances oriented toward a parking lot, they shall be allowed an additional fifty percent more sign area, provided that the additional sign area is not added to the base sign area permitted in one sign.

L.

OP Zoning District—Additional Regulations. Notwithstanding the above regulations, signs on 12th Street within the OP zoning district are limited to the following signage:

1.

Wall-Mounted Signs. Wall-mounted signs shall not exceed two square feet in size, and their placement on the building shall be architecturally integrated.

2.

Freestanding Signs. Freestanding signs may not exceed twenty-four square feet in area and four feet in height in order to be in proper scale and proportion to the residential character of this area.

3.

Illumination. Signs shall not be internally illuminated. Exterior sign illumination shall be kept to a minimum and reviewed for appropriateness by the development review committee.

4.

Awning, Hanging, and Projecting Signs. Awning signs, hanging signs, and projecting signs shall adhere to the sign standards of the Uptown/Town Centre Specific Plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.52.090 - Temporary signs.

A.

Purpose. In addition to Section 21.52.010 (Purpose and Applicability) of this chapter, the purpose of this section is to ensure that temporary signs do not create a distraction to the traveling public by limiting the proliferation of temporary signs and eliminating aesthetic blight and litter that are detrimental to the public's health, safety, and general welfare.

B.

General Standards for All Temporary Signs.

1.

Temporary Sign Content Neutrality. All regulations and standards in this section are to be exercised in light of the city's content neutrality policy. These provisions are not intended to limit, censor, or restrict free speech.

2.

Relationship to Permanent Sign Regulations. The number and area of temporary signs shall not be included in the calculation of permanent sign area.

3.

Illumination Prohibited. Temporary signs shall not be illuminated.

4.

Secure Placement. All temporary signs shall be installed securely in the ground or attached to a building. Banner signs shall be installed on a building wall.

5.

Sign Placement. Temporary signs are allowed on private property only subject to permission of the property owner.

6.

Design Standards. "Day-glow" and fluorescent colors are prohibited. Lettering shall be of professional quality, done in uniform, readily legible characters. Signs shall be constructed of materials that can withstand outdoor weather

conditions, such as cloth, canvas, or vinyl plastic. Paper and cardboard are prohibited materials.

7.

Noncommercial Signs. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, religious, or other noncommercial speech shall be permitted wherever commercial signage is permitted.

8.

Permitting. Temporary signs shall be exempt from fee and permit requirements unless a modification is requested for temporary commercial signs consistent with Section 21.52.060 (Sign Permit, Sign Program, and Modification Requirements).

C.

Temporary Sign Standards: Location, Size, and Quantity. Temporary commercial signs shall conform to the following regulations unless a modification is approved by the applicable review authority consistent with Section 21.52.060 (Sign Permit, Sign Program, and Modification Requirements).

1.

Location.

a.

Temporary Commercial Signs. Temporary commercial signs shall be allowed:

i.

In residential zoning districts:

(a)

On properties with a legally established business that is the primary use on the property (specifically excluding home occupation businesses, family day care homes, limited residential care facilities, and similar uses where residential use is the primary use on the property);

(b)

On properties where a city building permit has been issued and is actively under construction;

(c)

On properties where there is a garage, yard, estate sale; and

(d)

On properties listed for sale or lease.

ii.

In nonresidential zoning districts.

b.

Temporary Noncommercial Signs. Temporary noncommercial signs shall be allowed on any property in residential zoning districts.

2.

Size and Quantity. Temporary signs shall not in the aggregate exceed one square foot per linear foot of building or tenant space frontage. For properties without a building, temporary signs shall not in the aggregate exceed thirty-two square feet in area.

3.

Quantity. No property shall have more than two temporary signs at one time. In the case of a multi-tenant center, no business shall have more than two temporary signs at any one time.

4.

Duration and Removal. Temporary signs shall be posted for no more than thirty consecutive days, separated from other occasions by a period of not less than thirty days, and for no more than a cumulative ninety days within any calendar year. Any such sign shall be removed within seven days of the conclusion of any time-specific event associated with such signage. Temporary construction signs shall be removed at time of issuance of the certificate of occupancy. Temporary noncommercial signs may be posted for a total of ninety days in a calendar year. If a temporary noncommercial sign is related to a specific event, it shall be removed no later than seven days following said event.

5.

Exception for New Businesses. During the first thirty days that a new business is open, there are no limitations on the size, location, and nature of a banner sign, as long as the sign(s) does not adversely affect the public health, safety, or welfare.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A nonconforming sign shall not be structurally altered, increased in area, relocated, or used or modified in a manner that would change the physical characteristics of the sign. Changes to sign copy on nonconforming signs shall require a sign permit subject to review and approval by the development review committee.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Abatement.

1.

Nuisance Abatement. Signs not in compliance with this chapter may be declared to be a public nuisance, and be abated in compliance with the requirements of the city's Municipal Code Chapter 9.06 (Nuisance Abatement). Alternatively, signs not in compliance with this Chapter and deemed to be a minor violation by the enforcement officer may be enforced through the city's administrative citation process as set forth in Chapter 1.03 (Administrative Citation) of the Municipal Code.

2.

Summary Abatement. Signs located in the public right-of-way may be declared to be a public nuisance subject to summary abatement by the city's enforcement official, as defined in Municipal Code Chapter 9.06 (Nuisance Abatement). In addition to any criminal or civil penalties prescribed by law, the actual costs of abatement of such signs shall become a debt owed to the city by the person responsible for or causing placement of the sign.

B.

Abandoned Signs. A sign shall be deemed abandoned in the following circumstances:

1.

Change in Use. Any sign advertising a use, occupancy or product that has not existed for a period of one hundred eighty consecutive calendar days shall be deemed obsolete or abandoned. It shall be unlawful for any sign owner, the occupant of such premises, or the owner of any such premises to fail or refuse to remove an abandoned or obsolete sign or sign support, pole or structure following an order to do so.

2.

Expiration of Event. The property owner or person responsible for the installation of a temporary sign authorized by this chapter relating to a specific event shall remove the sign promptly following the expiration of the event unless different time limits apply to the sign as specifically provided for in this chapter. Any such sign relating to a specific event shall be deemed obsolete or abandoned seven days following said event. If the city removes the sign following its abandonment, the removed sign will be held by the city for a period of thirty days and the property/sign owner notified of the same. Failure to respond to the notification may result in the destruction of the sign or disposal by the city.

C.

Failure to Maintain. All signs shall be kept in a good state of repair and preservation. A sign may be deemed abandoned if, after ninety days written notice to the permit holder, the permit holder has failed or refused to maintain the sign. Upon such declaration, the sign may be considered abandoned and abated as provided in Subsection 21.52.110(B) (Abandoned Signs) of this section.

D.

Hazardous or Unsafe Signs. The enforcement official, upon identification of a hazardous or unsafe sign, shall give written notice to the property owner and/or party responsible for the sign or the condition or conditions that render the sign hazardous or unsafe, and an order to abate the public nuisance caused by the existence of the hazardous or unsafe sign. Hazardous and unsafe signs include, but are not limited to, signs that obstruct views of pedestrian and vehicular traffic at street intersections or driveways, signs that create a glare or other visual distraction that impedes a driver's ability to see, and signs that are dilapidated, structurally unsound or pose a fire threat. The enforcement official shall determine an appropriate time period for abatement of the public nuisance based on the degree of hazard. At the expiration of the time period, if the hazard has not been voluntarily abated, the enforcement official shall proceed to abate the nuisance in compliance with the procedures contained in Municipal Code Chapter 9.06.

E.

(Right of Entry). When it is necessary to make an inspection to enforce the provisions of this chapter, or when the enforcement official has reasonable cause to believe that there exists any sign or a condition that makes such sign unsafe, abandoned, illegal or nonconforming, the enforcement official may petition the court to enter the lot, building,

or premises on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed by this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The provisions of Chapter 21.63 (Murals) of Title 21 (Zoning) shall apply.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.53 - SWIMMING POOLS

This chapter establishes consistent and uniform requirements for the design of swimming pools, spas, and any body of water having a depth of more than eighteen inches and related equipment.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Swimming Pool Fencing. All swimming pools shall be completely enclosed by a permanent fence or building at least five feet in height. The fence shall comply with the provisions of Chapter 17.12 (Security of Bodies of Water to be used for the Purpose of Human Immersion) of Title 17 (Buildings and Construction). Fabric mesh fencing shall not meet the requirements of this section.

B.

R-1 Zoning Districts.

1.

Swimming pools and spas shall comply with the front and street side setback and shall not extend farther into the front yard setback than the front wall of the main building.

2.

Swimming pools shall be located a minimum of three feet from any side or rear property line, as measured from the edge of the water.

3.

Filter and heating systems for pools and spas shall not be located closer than twenty feet to any dwelling other than the property owner's and shall be fully screened from view offsite by a solid fence.

C.

Multi-Family Zoning Districts (R-2, R-3, R-4, and R-5).

1.

Swimming pools and spas and their filter and heating systems are considered to be accessory buildings and shall comply with the setbacks established for such structures in Chapter 21.33 (Residential Zoning Districts) of Article 3

(Zoning Districts, Allowable Uses, and Development Standards).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.54 - UNDERGROUND UTILITIES

This chapter establishes standards for the siting of all electrical, telephone, cable television, and similar distribution lines providing direct service to a development site.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

All new utility service lines shall be under-grounded unless determined to be infeasible or unduly cost prohibitive as determined by the city engineer.

B.

Transformers, control points, and other utility housings shall be located so as to minimize their visual impact and shall be screened in a manner approved by the review authority.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.55 - VISIBILITY AT INTERSECTIONS

A.

Purpose. This chapter is intended to maintain clear sight visibility at street intersections by minimizing obstructions caused by vegetation and structures.

B.

Applicability. Visibility requirements are applicable to every intersection of two or more public or private streets and alleys.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Vegetation, fences, and structures located on a property at any corner from intersecting streets shall comply with city engineering standards.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.56 - WATER EFFICIENT LANDSCAPING

21.56.010 - Purpose and applicability.

A.

Purpose. Consistent with California State Law, it is the purpose of this chapter to:

1.

Promote the values and benefits of landscapes while recognizing the need to use water resources as efficiently as possible;

2.

Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects.

B.

Applicability. The requirements within this chapter apply to new construction and rehabilitated landscapes for commercial, industrial, and residential projects that are subject to the development review process (Chapter 21.15) and/or a building permit.

1.

Development Review Process. In conjunction with the submittal of a project for development review (Chapter 21.15), conceptual landscape plans shall be provided that demonstrate that the design of the landscaping complies with the standards within this chapter. These plans shall be reviewed by the applicable review authority.

2.

Building Permit. In conjunction with the submittal of a project for building plan check, final landscape and irrigation plans shall be submitted with the project in compliance with this chapter. After a plan check review by the planning and/or public works departments for compliance with this chapter, a building permit may be issued. Fees consistent with the fees established for building plan check will be applied for staff review of the landscape and irrigation plan.

3.

Certificate of Completion. Once the landscape and irrigation plans and necessary documentation have been provided in substantial compliance with the landscape documentation package (LDP), a certificate of completion may be issued. A certificate of completion shall be issued prior to the project receiving a certificate of occupancy by the building division.

4.

Landscape and Irrigation Installation. Landscaping and irrigation shall be installed per the approved plans prior to the issuance of a certificate of occupancy or "final" of the building/project.

5.

Landscape Bond. For projects that have a landscape area of one-half acre or greater, a bond may be posted, which would allow a building to be finalized and a certificate of occupancy to be issued prior to the site landscape and irrigation being completed. The bond shall be based on an estimate for labor and materials to complete the landscape and irrigation project per the approved plans, plus an additional twenty-five percent. The applicant shall fill out the landscape bond security agreement along with the necessary bonding information, to the community development department for review and approval to determine the specific bond amount. For projects that have a landscape area of less than one-half acre, the community development director or his or her designee may approve a bond to be posted, which would allow a building to be finalized and a certificate of occupancy to be issued prior to the site landscape and irrigation being completed.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.56.020 - Definitions.

The following definitions shall apply within Chapter 21.56:

A.

"Estimated Total Water Use" (ETWU) means the total water used for the landscape as calculated in the Water Efficient Landscape Worksheet.

B.

"Evapotranspiration adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant 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 (nonrehabilitated) special landscape areas shall not exceed one. The ETAF for existing non-rehabilitated landscapes is 0.8.

C.

"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.

D.

"Irrigation efficiency" 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.

E.

"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California as described in the Business and Professionals Code Section 5615.

F.

"Landscaped area" 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 (for example, open spaces and existing native vegetation).

G.

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

H.

"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.

I.

"Master shut-off valve" is a 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.

J.

"Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as calculated as calculated in the Water Efficient Landscape Worksheet.

K.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or development review.

L.

"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.

M.

"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.

N.

"Turf" means a ground cover surface of mowed grass, which may include annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, tall fescue, Bermudagrass, Kikuyu grass, seashore paspalum, St. Augustinegrass, zoysiagrass, and buffalo grass.

O.

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

P.

"Water conserving plant species" means a climate-adapted plant species identified as having a low plant factor (Water Use Classification of Landscape Species plant factor of 0.3 or less).

Q.

"Water Efficient Landscape Worksheet" means calculations of the maximum applied water allowance and estimated total water use using specific landscape hydrozone areas, plant factors in accordance with the water use classification of landscape species, and irrigation efficiencies, evapotranspiration adjustment factors, and regional evapotranspiration rate. The worksheet is on file with the community development department.

R.

"Water Use Classification of Landscape Species" (WUCOLS) means the water use classification of landscape species list published by the University of California Cooperative Extension and the Department of Water Resources.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.56.030 - Turf limitations for new construction and rehabilitated landscapes.

A.

General. All new construction projects (residential, commercial, industrial) shall comply with the following limitations:

1.

Turf areas less than ten feet in width in any direction are prohibited, unless subsurface irrigation is used and maximum turf areas do not exceed the percentages outlined in this chapter.

2.

Turf shall be prohibited within the public right-of-way, including parkways.

3.

Developments shall be graded to maximize the on-site distribution of runoff to planted areas.

4.

For non-turf areas, drip irrigation methods and water conserving plant species shall be used.

5.

Landscapes and irrigation systems shall comply with the requirements of Section 21.56.040 (Landscape and Irrigation System Design and Information Requirements).

6.

Covenants, conditions and restrictions (CCRs) shall not require turf landscaping nor have the effect of prohibiting lowwater use landscaping.

B.

Commercial and Industrial Projects.

1.

Water conserving plant species irrigated with a drip irrigation system shall be used for one hundred percent of the development's landscaped area, excluding edibles and areas using recycled water.

2.

Exceptions. This subsection does not apply to cemeteries, plant collections as part of botanical gardens and arboretums open to the public, city parks, and school sports fields.

C.

Single Family Residences.

1.

Turf grass installed with spray irrigation shall be limited in new and rehabilitated single family residential front yards, street side yards and back yards, to twenty-five percent of the landscaped area. Providing turf in the front or street side yard, will trigger the requirement for the submittal of the landscape documentation package listed in Subsection 21.56.040(B).

2.

The common areas in residential subdivisions (including landscape and lighting district areas) shall be planted with water conserving plant species irrigated with drip irrigation (excepting active play areas such as ball fields, playgrounds, and picnic areas).

D.

Model Homes.

1.

Turf grass shall be prohibited in the front yards of model homes and shall be limited to twenty-five percent of the landscaped area in back and side yards.

2.

Model homes shall be used to educate future homeowners about water efficient landscape and irrigation techniques. Education features for model homes shall include:

a.

The installation of interpretive landscape information signs that describe the principles of water efficient landscapes including features such as hydrozones, appropriate irrigation equipment. and others techniques that contribute to the overall water efficient irrigation theme.

b.

Information shall be provided to new homeowners that includes techniques on designing, installing, managing, and maintaining water efficient landscapes, and complying with this chapter.

E.

Multi-Family Residential Projects. Turf grass shall be limited to twenty percent of the landscaped area. The twenty percent limitation shall be exclusive of areas designed as active play surfaces (for example, ballfields, playgrounds, and picnic areas).

F.

Rehabilitated Landscapes. Rehabilitated landscapes shall comply with the turf limitations outlined in Subsections A— F, as appropriate to the property type.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.56.040 - Landscape and irrigation system design and information requirements.

A.

All project landscaping and irrigation plans/designs shall comply with the following standards:

1.

The following documents and plans shall be submitted prior to the issuance of a building permit for the associated project:

a.

Project Information.

b.

Water Efficient Landscape Worksheet (on file with the community development department).

c.

Landscape design plans.

d.

Irrigation design plans.

2.

The estimated total water use (ETWU) calculated in the Water Efficient Landscape Worksheet shall not exceed maximum applied water allowance (MAWA).

3.

The evapotranspiration adjustment factor (ETAF) calculated in the Water Efficient Landscape Worksheet shall not exceed 0.55 for residential projects and 0.45 for nonresidential projects.

4.

The irrigation design plans shall utilize rain sensors, either integral or auxiliary, that suspend irrigation during and after rainfall events, shall be required on all irrigation control systems.

5.

Prohibit turf on slopes greater than twenty percent where the toe of the slope is adjacent to an impermeable hardscape.

6.

Water features shall use recirculating water systems.

7.

Prohibit overhead spray irrigation within twenty-four inches of non-permeable surfaces such as, but not limited to, concrete sidewalks and driveways. Subsurface irrigation may be used as long as other requirements of this chapter are met. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other lowflow non-spray type of systems. The setback area may be planted or non-planted. The surfacing of the setback may be mulch, gravel, cobles, or other permeable material. These restrictions may be modified if the landscape area is adjacent to permeable surfacing, and no runoff occurs or the adjacent non-permeable surface drains entirely to landscaped areas.

8.

Incorporate compost at a rate of at least four cubic yards per one thousand square feet to a depth of six inches into the landscape area (unless contra-indicated by soil test).

Irrigation systems shall be designed and constructed to achieve a minimum efficiency of seventy-five percent for overhead spray devices and eighty-one percent for drip systems.

10.

All irrigation systems shall include pressure regulators and a master shut-off valve. All irrigation emitters shall meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, "Landscape Irrigation Sprinkler and Emitter Standard". All sprinkler heads installed in the landscape must document uniform distribution with a low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

11.

For irrigations systems serving nonresidential landscape areas, a dedicated landscape meter or submeter may be required, depending on the water meter size required to serve the total water demand for the project (indoor and outdoor potable water demands). Refer to public works standards to determine if a separate landscape meter is required.

12.

Irrigation systems serving nonresidential landscape areas greater than one thousand square feet shall incorporate dedicated flow sensors that detect and report high flow conditions due to broken pipes, sprinkler heads, or other malfunctions.

13.

Apply a minimum three-inch layer of mulch on all exposed soil surface of planting areas.

14.

The architectural guidelines and covenants, conditions, and restrictions of common interest developments shall not have the effect of prohibiting the use of low-water use plants or requiring turf grass in landscaped areas.

B.

Projects with a landscape area equal to or greater than one-half acre shall submit the following information and shall comply with the following standards and conditions. Please note that the landscape area for new residential subdivisions will be calculated on an individual lot basis as each lot develops, not a total of landscape areas prior to subdivision. If there are common areas, or areas within a landscape and lighting district that have landscape areas one-half acre or greater, there will be a requirement for an LDP for those areas to be completed prior to the recordation of the final map.

1.

All of the items identified in Subsection 21.56.040(A) shall apply.

2.

Weather-based irrigation controllers, soil moisture-based controllers, or other self-adjusting irrigation controllers shall be required for irrigation scheduling.

3.

The following documents and plans shall be submitted prior to the issuance of a building permit for the associated project and for compliance with the landscape documentation package:

a.

Project information.

b.

Water Efficient Landscape Worksheet.

c.

Soil management report.

d.

Landscape design plan.

e.

Irrigation design plan.

f.

Grading design plan.

4.

The following documents and plans shall be completed and the landscape and irrigation project shall be installed prior to the issuance of a certificate of occupancy for the associated project. The certificate of completion also requires the documentation of the following items. (Please refer to the Landscape and Irrigation Design Guide for specific forms and criteria).

a.

Irrigation scheduling.

b.

Landscape and irrigation maintenance schedule.

c.

Irrigation audit, irrigation survey, and irrigation water use analysis.

d.

Irrigation efficiency.

e.

Stormwater management.

5.

The project applicant shall be responsible for costs of city audits, inspections, surveys, analyses, design changes, additional reviews, and resubmittals necessary for compliance with this chapter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

ARTICLE 5. - SPECIAL REGULATIONS Chapter 21.58 - ACCESSORY DWELLING UNITS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1151 N.S., § 4(Exh. A), adopted Nov. 19, 2024, repealed Ch. 21.58 and enacted a new chapter as set out herein. The former Ch. 21.58, §§ 21.58.010—21.58.080, pertained to similar subject matter and derived from Ord. No. 1144 N.S., § 3(Exh. A), adopted Oct. 1, 2024.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310—66342.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

An ADU or JADU that conforms to the standards in this chapter will not be:

A.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

B.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

D.

Required to correct a nonconforming zoning condition, as defined in Section 21.58.030 (Definitions). This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

As used in this chapter, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than five hundred square feet in size.

2.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed singlefamily structure.

4.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5.

It includes an efficiency kitchen, as defined in Subsection 21.58.030(D).

F.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

G.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

H.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

I.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

J.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

L.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following approvals apply to ADUs and JADUs under this chapter:

A.

Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section 21.58.050 (General ADU and JADU Requirements), it is allowed with only a building permit in the following scenarios:

1.

Converted on a Lot with a Single-Family Dwelling: One ADU as described in this Paragraph 21.58.040(A)1. and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

a.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and

b.

Has exterior access that is independent of that for the single-family dwelling; and

c.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

d.

The JADU complies with the requirements of Government Code Sections 66333 through 66339.

2.

Limited Detached ADU on a Lot with a Single-Family Dwelling: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Paragraph 21.58.040(A)1. (Converted on a Lot with a Single-Family Dwelling), if the detached ADU satisfies each of the following limitations:

a.

The side- and rear-yard setbacks are at least four feet.

b.

The total floor area is eight hundred square feet or smaller.

c.

The peak height above grade does not exceed the applicable height limit in Subsection 21.58.050(B) (Height).

3.

Converted on a Lot with a Multi-Family Dwelling: One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Paragraph 21.58.040(A)3. at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to twenty-five percent of the existing multi-family dwelling units.

4.

Limited Detached on a Lot with a Multi-Family Dwelling: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multi-family dwelling, if each detached ADU satisfies all of the following:

a.

The side- and rear-yard setbacks are at least four feet. If the existing multi-family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi-family dwelling as a condition of approving the ADU.

b.

The peak height above grade does not exceed the applicable height limit provided in Subsection 21.58.050(B) (Height).

c.

If the lot has an existing multi-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

B.

ADU Permit.

1.

Except as allowed above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 21.58.050 (General ADU and JADU Requirements) and 21.58.060 (Local ADU Requirements).

2.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the city council by resolution.

C.

Process and Timing.

1.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2.

The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application. If the city has not approved or denied the completed application within sixty days, the application is deemed approved unless either:

a.

The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or

b.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3.

If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period established by Paragraph 21.58.040(C)2.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

• (Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply to all ADUs and JADUs that are approved under Subsections 21.58.040(A) (Building-Permit Only) or 21.58.040(B) (ADU Permit):

A.

Zoning.

1.

An ADU subject only to a building permit under Subsection 21.58.040(A) (Building-Permit Only) may be created on a lot in a residential or mixed-use zone.

2.

An ADU subject to an ADU permit under Subsection 21.58.040(B) above may be created on a lot that is zoned to allow single-family residential use or multi-family dwelling residential use.

3.

In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B.

Height.

1.

Except as otherwise provided by Paragraphs 21.58.050(B)2. and 21.58.050(B)3., a detached ADU created on a lot with an existing or proposed single family or multi-family dwelling unit may not exceed sixteen feet in height.

2.

A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.

4.

An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the

foregoing, ADUs subject to this Paragraph 21.58.050(B)4. may not exceed two stories.

5.

For purposes of this Subsection 21.58.050(B) (Height), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

C.

Fire Sprinklers.

1.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D.

Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

E.

No Separate Conveyance. Except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a lot with a singlefamily dwelling) or from the lot and all of the dwellings (in the case of a lot with a multi-family dwelling).

F.

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

G.

Owner Occupancy.

1.

ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

2.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection 21.58.050(G) (Owner Occupancy) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H.

Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the zoning administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1.

Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

2.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3.

The deed restriction runs with the land and may be enforced against future property owners.

4.

The deed restriction may be removed if the owner eliminates the ADU or JADU. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator's determination consistent with Chapter 21.25 (Appeals and Calls for Review). If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5.

The deed restriction is enforceable by the zoning administrator or their designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

I.

Building and Safety.

1.

Must Comply with Building Code. Subject to Paragraph 21.58.050(I)2. (No change of occupancy), all ADUs and JADUs must comply with all local building code requirements.

2.

No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Paragraph 21.58.050(I)2. (No Change of Occupancy) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this chapter.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply only to ADUs that require an ADU permit under Subsection 21.58.040(B) (ADU Permit).

A.

Maximum Size.

1.

The maximum size of a detached or attached ADU subject to this Section 21.58.060 (Local ADU Requirements) and proposed on a lot with a single-family dwelling is one thousand two hundred square feet.

2.

The maximum size of a detached or attached ADU subject to this Section 21.58.060 (Local ADU Requirements) and proposed on a lot with a multi-family dwelling is eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with two or more bedrooms.

3.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling.

B.

Application of other development standards in this Section 21.58.060 (Local ADU Requirements) might further limit the size of the ADU, but no application of the percent-based size limit in Paragraph 21.58.060(A)3. or of a front setback, lot coverage limit, or open-space requirement may require the ADU to be less than eight hundred square feet.

C.

Minimum Setbacks. Subject to Subsection 21.58.060(B):

1.

ADUs that are subject to this Section 21.58.060 (Local ADU Requirements) must conform to four-foot minimum side and rear setbacks.

2.

ADUs that are subject to this Section 21.58.060 (Local ADU Requirements) must conform to a fifteen-foot minimum front setback (twenty-foot setback to any garage door) except in the following circumstances:

a.

In the R-1 B-3, R-1 B-4, and R-1 B-5 zoning districts, the ADU must conform to a twenty-foot minimum front setback; and

b.

In the R-2, R-3, R-4 and R-5, the ADU must conform to a twenty-five-foot minimum front setback from an arterial street.

3.

No setback is required for an ADU that is subject to this Section 21.58.060 (Local ADU Requirements) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

D.

Building Separation. Minimum separation of six feet shall be maintained between an ADU and other structures on the property (excepting structures to which they are attached).

E.

Lot Coverage. No ADU subject to this Section 21.58.060 (Local ADU Requirements) may cause the total lot coverage of the lot to exceed fifty percent, subject to Subsection 21.58.060(B).

F.

Minimum Open Space. Subject to Subsection 21.58.060(B), an ADU subject to this Section 21.58.060 (Local ADU Requirements) must provide at least two hundred square feet of private open space with a minimum dimension of ten feet.

G.

Passageway. No passageway, as defined by Subsection 21.58.030(I) above, is required for an ADU.

H.

Parking.

1.

Generally. One off-street parking space on a paved surface served by a paved driveway is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection 21.58.030(L), including on a paved driveway, unless otherwise determined by the zoning administrator to be not feasible based upon specific site or regional topographical or fire and life safety conditions.

2.

Exceptions. No parking under Paragraph 21.58.060(H)1. (Generally) is required in the following situations:

a.

The ADU is located within one-half mile walking distance of public transit, as defined in Subsection 21.58.030(K) above.

b.

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

c.

The ADU is part of the proposed or existing primary residence or an accessory structure under Subsection 21.58.040(A)1. above.

d.

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

e.

When there is an established car share vehicle stop located within one block of the ADU.

f.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subparagraphs 21.58.060(H)2.a. through 21.58.060(H)2.e.

3.

No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

I.

Architectural Requirements.

1.

The exterior of an ADU shall include four or more of the following elements (the applicant may choose which four elements to select):

a.

The same roof style (e.g., gable, hip, etc.) as the roof style of the primary dwelling(s);

b.

The same roof slope as the dominant roof slope of the primary dwelling(s), with the dominant roof slope being the slope shared by the largest portion of the roof;

c.

The same roof material and color as the primary dwelling(s);

d.

The same primary siding material or color as the primary dwelling(s);

e.

The same eave depth as the primary dwelling(s);

f.

The same window and door trim as the primary dwelling(s);

g.

Porch, bay window, or other facade articulation to break up flat wall planes.

2.

Outdoor lighting shall be shielded so that the light source is not visible from off-site. Shielding shall be at least two inches in dimension measured from the lens or light source to direct light toward buildings or the ground and reduce glare.

3.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

4.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

J.

Landscape Requirements. At least one fifteen-gallon size canopy tree shall be planted for every ADU and JADU. The tree may be located in the private open space, front yard, or as a street tree.

K.

Maximum Size of Floor Area that is not Livable Space. The maximum size for any non-livable space (e.g., garage) that is attached to a detached ADU shall be five hundred square feet. Exceptions shall be subject to approval of a development plan modification (Section 21.16.020).

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply to all ADUs that are approved under Subsections 21.58.040(A) (Building-Permit Only) or 21.58.040(B) (ADU Permit).

A.

No impact fee is required for an ADU that is less than seven hundred fifty square feet in size. For purposes of this Section 21.58.070, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

B.

Any impact fee that is required for an ADU that is seven hundred fifty square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

21.58.080 - Nonconforming zoning code conditions, building code violations, and unpermitted structures.

A.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B.

Unpermitted ADUs and JADUs Constructed Before 2020.

1.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

a.

The ADU or JADU violates applicable building standards, or

b.

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 21.58).

2.

Exceptions:

a.

Notwithstanding Paragraph 21.58.080(B)1. (Permit to Legalize), the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

b.

Paragraph 21.58.080(B)1 (Permit to Legalize) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

Any proposed ADU or JADU that would otherwise be allowed under this chapter but that does not conform to the objective design or development standards set forth in Sections 21.58.010 through 21.58.080 may be allowed by the City with a Conditional Use Permit, in accordance with Chapter 21.19 (Conditional Use Permits and Administrative Use Permits)and the other provisions of this title.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

Chapter 21.59 - ADULT BUSINESS USES

21.59.010 - Purpose and findings.

A.

Purpose. The purpose and intent of this chapter is to provide for the comprehensive and orderly regulation of adult business uses. It is recognized that adult businesses possess certain characteristics that can have a detrimental effect upon adjacent areas. It is also recognized that locating adult businesses in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material that, because of their immaturity, may adversely affect them. Therefore, special regulation of these uses is necessary to ensure that any adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or have an adverse effect on minors.

The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market.

B.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community contained in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M, 120 S. Ct. 1382 (2000) and on studies in other communities including, but not limited to: Phoenix, Arizona (1979);

Minneapolis, Minnesota (1980); St. Paul, Minnesota; Houston, Texas (1983); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio (1977); Beaumont, Texas (1982); Tucson, Arizona (1990); Indianapolis, Indiana (1984) the City Council finds:

1.

Adult businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas;

2.

Both the proximity of adult businesses to sensitive land uses and the concentration of adult businesses tend to result in blight and deterioration of the areas in which they are located;

3.

The proximity and concentration of adult businesses adjacent to residential, recreational, religious, educational uses, as well as their proximity to other adult business uses can have adverse secondary effects on local businesses and residences;

4.

There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that adult businesses that are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values;

5.

The locational requirements established by this chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the city of Paso Robles, and a sufficient reasonable number of appropriate locations for adult businesses are provided by this chapter;

6.

Evidence indicates that some dancers, models and entertainers, and other persons who publicly perform sexual activities or publicly display specified anatomical areas in adult businesses have been found to engage in sexual activities with patrons of adult businesses on the site of the adult business;

Evidence demonstrates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity. Offering and providing such space encourages such activities, which creates unhealthy conditions;

8.

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses;

9.

As a result of the above, and the increase in incidents of sexually transmitted diseases, the city has a substantial interest in adopting regulations that will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts in adult businesses. At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, gonorrhea, syphilis, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections;

10.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities;

11.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the adult business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult business, fully in possession and control of the premises and activities occurring therein;

12.

The city council, in adopting operational standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. The city council takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The city council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet); Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th Cit. 1996), cert. denied 520 U.S. 1204 (1997)(rejecting a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also US. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied, 519 U.S. 820 (recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions). The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual material available to interested persons in every community with a mere keystroke. An adult business no longer has to be "actually" physically located in a city to be available in the community;

Possible harmful effects may be caused by the exposure of adult businesses to children and minors. The city council desires to minimize and control the adverse secondary side effects associated with the operation of adult businesses and thereby protect the health, safety, and welfare of its citizens, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the spread of communicable and sexually transmitted diseases; and

14.

The city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prevent or reduce the secondary impacts associated with such public nudity.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The following terms used in this chapter shall have the specific meanings defined here. In the event of any conflict between these terms and those used in Article 9 (Terms and Definitions) of this title, the terms defined in this section shall prevail for adult business uses.

B.

"Adult bookstore" means any establishment selling or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, compact discs (CDs), digital video discs (DVDs), records or any other forms of visual or audio representation, twenty-five percent or more of which, by number, are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

C.

"Adult business" means any adult bookstore, adult motion picture theater, adult mini-motion picture arcade, adult hotel or motel, adult theater, adult model studio, body painting studio, and any other business involving specific sexual activities or display of specified anatomical areas.

D.

"Adult cabaret" means any nightclub, bar, restaurant, or similar establishment which, as a preponderance of the entertainment presented, features:

1.

Live performances which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and/or

2.

Films, motion pictures, video cassettes, slides, compact discs (CDs), digital video discs (DVDs), or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons.

E.

"Adult hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by more than an incidental or occasional portrayal of matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

F.

"Adult mini-motion picture theater" means any establishment with a capacity of up to five persons where, for any form of consideration, films, motion pictures, video cassettes, compact discs (CDs), digital video discs (DVDs), slides or similar photographic reproductions are shown, in which twenty-five percent or more of the total presentation time is devoted to the showing of material whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons.

G.

"Adult model studio" means any establishment open to the public where for any form of consideration or gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, film, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of a diploma.

H.

"Adult motion picture arcade" means any place to which the public is allowed or invited wherein coin or tokenoperated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine, at any one time, and where the dominant or predominant character or theme of the images so displayed is depiction of specified sexual activities or specified anatomical areas.

I.

"Adult motion picture theater" means any establishment, with the capacity of six or more persons where, for any form of consideration, films, motion pictures, slides, tapes, CDs, DVDs or any other form(s) of visual or audio representation, twenty-five percent of which, by number, are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

J.

"Adult theater" means any theater, concert hall, auditorium, or similar establishment, either indoor or outdoor in nature, which for any form of consideration and as a preponderance of the entertainment presented, features live performances whose dominant or predominant character and theme is emphasized on specified sexual activities or exposure of specified anatomical areas for observation by patrons.

K.

"Body painting studio" means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

L.

"Massage parlor" means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human

body occurs. This excludes all medical and dental practitioners and any state-licensed masseuse operating as or in conjunction with a medical or dental office, chiropractor, beauty salon, health gym, or other health-related business.

M.

"Nude, nudity, or state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

N.

"Public parks and public facilities" means all public parks, recreational fields, libraries, community centers, and government buildings such as City Hall, the post office, county offices, police and fire stations but does not include publicly owned land leased for private commercial purposes.

O.

"Public or private educational facilities" means any institution of learning whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education, including any nursery school, kindergarten, elementary school, junior high school, senior high school, community or junior college, four-year college or university, or any special institution of learning under the jurisdiction of the state department of education. It shall also mean any public or private daycare or preschool provider with greater than six children.

P.

"Religious institutions" means any buildings that are used primarily for religious worship and related religious activities.

Q.

"Residentially zoned properties" means property in the R-A, R-2, R-3, R-4, R-3-O zoning districts (with or without planned development overlay). It includes residential zoning designations in the county outside of city limits.

R.

"Specified anatomical areas" means and includes any of the following:

1.

Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or

2.

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

3.

Any device, costume, or covering that simulates any of the body parts included in Paragraphs 21.59.020(R)1. or 21.59.020(R)2. of this subsection.

S.

"Specified sexual activities" means and includes any of the following:

The fondling or touching of human genitals, pubic regions, buttocks, anus or female breasts; or

2.

Sex acts, normal or perverted, actual or simulated, including but not limited to, intercourse, oral copulation, or sodomy; or

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of, or in connection with, any of the activities set forth in Paragraphs 21.59.020(S)1. through 21.59.020(S)3. of this subsection.

T.

"Youth-oriented facilities" means any facility used primarily by youths (under eighteen years of age) for physical or social activities and operated by a profit or nonprofit organization such as boys and girls clubs, private recreational fields, miniature golf courses, water slides, video arcades and other recreational facilities.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Adult Business License Requirement. In order to establish and operate an adult business within the areas allowed under the provisions of this chapter, an adult business license shall be obtained from the planning commission. The following rules shall apply:

1.

The planning commission shall issue or deny the adult business license to the applicant after a public hearing, which shall be held within thirty days from receipt of a complete application and the applicable fees.

2.

Failure of the planning commission to approve or deny the license application within the thirty days shall result in the license being granted.

3.

If the application is denied, the planning commission shall notify the applicant and explain the reason(s) for denial. Notification shall be sent by certified United States mail, return receipt requested, to the address provided on the license application, which shall be considered the correct address. Each applicant has the burden to furnish any change of address to the planning commission, by certified United States mail, return receipt requested.

4.

In the event that an application is denied, the applicant may seek review of such action by the city council in accordance with Subsection 21.59.030(H) (Appeal of Denial, Suspension or Revocation).

5.

In the event that the applicant does not prevail on its appeal to the city council, it may seek judicial review pursuant to section 21.59.030(I) (Judicial Review).

B.

Findings. Prior to approving an application for an adult business license, the planning commission shall make the following findings:

1.

The adult business will be located in an area allowed by the city's zoning code; and

2.

The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; and

3.

The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area; and

4.

That the conduct of entertainment, as proposed by the applicant, if a license is granted, will comply with all applicable laws, including, but not limited to, all city, county, and state regulations; and

5.

The applicant has not knowingly made any false, misleading or fraudulent statement of facts in the license application, or any other document required by the city in conjunction therewith.

C.

Establishment Defined. As used in this chapter, the establishment of an adult business means and includes any of the following:

1.

The opening or commencement of any adult business as a new business;

2.

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

3.

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

4.

The relocation of any adult business.

D.

Application Requirements.

1.

In addition to the submittal requirements for an adult business license, the following shall be submitted prior to an application being deemed complete:

a.

The name, permanent address, and fingerprints of applicant;

b.

The name and proposed business address of the applicant. If the applicant is a corporation, the applicant's name shall be exactly as set forth in its articles of incorporation; and the applicant shall show the name and residence address of each of the officers and directors of the corporation. If the applicant is a general partnership or a limited partnership, the application shall show the name and residence address of each of the general partners of the partnership. If the applicant is a limited liability company, the application shall show the name and residence address of each of the managing members of the limited liability company;

c.

A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;

d.

Hours of operation and a floor plan showing where the specific entertainment uses are proposed to be conducted within the building and the admission fee, if any, to be charged;

e.

The name or names of the person or persons who have the management or supervision responsibilities of the applicant's business and of any entertainment;

f.

A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment;

g.

A site area map showing the proposed business location and plotting of all uses listed in compliance with Subsection 21.59.040(A) (Location).

Prior to the time limit set forth in Subsection 21.59.030(A) (Adult Business License Requirement) within which the planning commission shall grant or deny an adult business license application, the police department shall complete a background investigation of all parties specified above in the application.

E.

Additional Public Hearing Notices. The public notice required for a public hearing on an application for an adult business license shall include mailed notices to all property owners and residents or tenants located within one thousand feet of the exterior boundaries of the parcel on which the business is proposed to be located. This shall be in addition to the notice requirements in Section 21.26.030 (Notice Requirements for Hearings).

F.

Transfer of License. A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

G.

Suspension or Revocation of License. An adult business license may be suspended or revoked in accordance with the procedures and standards of this subsection.

1.

Based on a determination that grounds for permit revocation exist, the planning commission shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the hearing is based, the pertinent code sections and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with the city's procedures.

2.

A licensee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the licensee, or an employee, agent, partner, director, stockholder, or manager of an adult business:

a.

The licensee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

b.

The licensee, employee, agent, partner, director, stockholder, or manager of an adult business has knowingly allowed, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:

i.

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

ii.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;

iii.

Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code;

iv.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 of Subdivision (b) of Section 647 of the California Penal Code;

v.

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 to 313.4; or

vi.

Any conduct prohibited by this chapter.

c.

Failure to abide by any action previously imposed by an appropriate City official.

3.

After holding the hearing in accordance with the provisions of this subsection, if the planning commission finds and determines that there are grounds for action, the planning commission shall do one of the following:

a.

Issue a warning;

b.

Suspend the license for a specified period not to exceed six months; or

c.

Revoke the permit.

4.

Any adult business that is operating in violation of the requirements of this zoning code is declared to constitute a public nuisance and, in addition to actions authorized in this subsection, may be subject to abatement or enjoined from further operation by the city.

H.

Appeal of Denial, Suspension or Revocation. After denial of an application for an adult business license, or after denial of renewal of a license, or suspension or revocation of a license, the applicant or person to whom the license was granted may seek review of such administrative action by the city council.

I.

Judicial Review—Stay Pending Trial Court Decision.

1.

Judicial review of any final administrative decision after appeal under this chapter issuing, denying, suspending or revoking, or imposing other discipline upon, an adult business license may be had pursuant to Code of Civil Procedure Section 1094.8. The applicant shall be provided written notice of the time limits references in Code of Civil Procedure Section 1094.8 to the appellant when transmitting the decision.

2.

A final administrative decision issuing, denying, suspending or revoking, or imposing other discipline upon, an adult business license shall be stayed for a period of twenty-one days after the decision becomes final, and the adult business shall be entitled to operate pursuant to the permit during the twenty-one-day time period.

3.

Upon the timely filing of a request for judicial review pursuant to Code of Civil Procedure Section 1094.6 or Section 1094.8, the administrative decision issuing, denying, suspending, or revoking, or imposing another discipline upon an adult business license shall be stayed until the request for judicial review is dismissed or until a decision on the merits is issued by the trial court. The adult business shall be entitled to operate during the stay.

J.

Enforcement.

1.

Separate Offense for Each Day. Any person who knowingly violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, allows, or causes a violation thereof and shall be punished accordingly.

2.

Public Nuisance. Any use or condition caused or allowed to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to Chapter 9.06 (Nuisance Abatement) of Title 9 (Public Safety) of the city's Municipal Code. Any person who knowingly violates, causes, or permits another person to violate any provision of this chapter commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount allowed by state law. Any person twice convicted of an infraction for repeat violations of the same provision within a twelve-month period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to punishment to the maximum extent permitted by state law.

3.

Civil Injunction. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.

4.

Administrative Penalties. In addition to the civil remedies and criminal penalties set forth above, any person who violates the provisions of this chapter may be subject to administrative penalties, as set forth by the city.

K.

Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city

council hereby declares that it would have passed each section irrespective of the fact that nay one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any adult business otherwise authorized and/or operating within the city shall be established, located, and operated consistent with each and every of the following:

A.

Location.

1.

All adult businesses as defined in this chapter shall be located in the airport (AP) zoning district only.

2.

Within the AP zoning district, no adult businesses shall be established within five hundred feet of the following uses within or outside the city limits:

a.

Residentially zoned properties;

b.

Public or private educational facilities;

c.

Religious institutions;

d.

Public parks and public facilities;

e.

Youth-oriented facilities;

f.

Bars or taverns.

3.

Within the AP zoning district, no adult business may be established within one thousand feet of another adult business as defined by Section 21.59.020 (Definitions).

4.

The distance of five hundred or one thousand feet shall be measured in a straight line from the closest property line of the adult business to the closest property line of any of the preceding uses.

B.

Limitations on Display of Harmful Matter in Newsracks. The limitations on display of material, which is harmful to minors as contained within Chapter 11.35 (Newsracks) of Title 11 (Streets and Sidewalks) of the city's Municipal Code, shall apply to private property as well as to the public right-of-way.

C.

Prohibition Against Minors in an Adult Business. It shall be unlawful for any licensee, operator, or other person in charge of any adult business to allow to enter, or remain within the adult business, any person who is not at least

eighteen years of age or to provide any service for which this chapter requires a license, to any person who is not at least eighteen years of age.

D.

Concealing Specified Sexual Activities and Specified Anatomical Areas from Public View. No adult business shall be operated in any manner that allows the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

E.

Posting Notices Relating to Minors. No person under the age of eighteen years shall be allowed within an adult business at any time. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are prohibited from entering the premises. Said notice shall be constructed and posted to the satisfaction of the director or his or her designee.

F.

Indoor Areas Open to View by Management. All indoor areas of the adult business where patrons or members of the public are allowed, excluding restrooms, shall be open to view by management at all times.

G.

Security Guards. Any adult business shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

1.

Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the adult business is greater than thirty-five persons, an additional security guard shall be on duty.

2.

Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guards shall be uniformed in such a manner so to as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, entertainer or performer, or sole occupant of the manager's station while acting as a security guard.

H.

Register and License Number of Employees.

1.

Each person who will perform in live entertainment depicting specified anatomical areas or involving specified sexual activities shall submit a registration form to the chief of police that contains the person' s name, residence address, telephone number, driver's license number and written evidence that the person is at least eighteen years of age.

2.

Unless the person cannot provide written evidence of his or her age, upon the submission of such registration form, the person shall be issued a temporary license to perform in live entertainment as described in Paragraph 21.59.040(H)1. of this subsection.

3.

The chief of police or his or her designee shall issue a permanent license to the person within ten days of receipt pending verification of the person's age.

4.

Every licensee of an adult business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities shall maintain a register of all past and current persons so performing at the adult business and their license numbers. Such register shall be available for inspection during regular business hours by any police officer of the city.

I.

Inspection.

1.

An applicant or licensee shall allow representatives of the police department, emergency services department, community development department or other city departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time the adult business is occupied or open for business.

2.

It is a violation of this chapter for a person who operates an adult business or that person's agent or employee to refuse to allow such lawful inspection of the adult business at any time it is open for business.

J.

Restroom Facilities. The adult business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult business that deals exclusively with the sale or rental of adult material that is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

K.

Additional Regulations for Adult Motion Picture Arcade. Any adult business that is also an adult motion picture arcade shall comply with the following provisions:

1.

The interior of the adult business shall be configured in such a manner that there is an unobstructed view from a manager station of every area of the adult business to which any patron is allowed access for any purpose, excluding

restrooms. If the adult business has two or more manager stations designated, then the interior of the adult motion picture arcade shall be configured in such a manner that there is an unobstructed view from at least one of the manager stations of each area of the adult business to which any patron is allowed access.

2.

It shall be the duty of the licensee to ensure that the view area required by Paragraph 21.59.040(K)1. of this subsection is at all times unobstructed by any doors, walls, merchandise, display racks, or other materials while the adult business is open to patrons.

3.

No viewing room or booth may be occupied by more than one person at any time.

4.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

5.

Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in the common area of such adult business, other than the restrooms, unless actively engaged in shopping for or reviewing the products available or on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

6.

The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. The presence of human excrement, urine, semen, or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls.

L.

Additional Regulations Relating to Live Entertainment. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the California Department of Alcoholic Beverage Control.

1.

No person shall perform live entertainment for patrons of an adult business except upon a stage that is at least twenty-four inches above the level of the floor and which is separated by a distance of at least ten feet from the nearest area occupied by patrons. A fixed rail(s) at least thirty inches in height shall be maintained by establishing the separations between performers and patrons required by this subsection.

2.

"Performer" shall mean any person who is an employee or independent contractor of the adult business, or any person who, with or without compensation or other form of consideration, performs live entertainment for patrons of an adult business.

The adult business shall provide separate dressing room facilities for performers, which are exclusively dedicated to the performers' use.

4.

The adult business shall provide an entrance/exit for performers that is separate from the entrance/exit used by patrons.

5.

The adult business shall provide access for performers between the stage and the dressing rooms, which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the performers that is capable of preventing any physical contact between patrons and performers.

6.

No performers, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during, or after performances by such performer. This paragraph shall only apply to physical contact anywhere on or within the premises of the adult business, including offstreet parking areas.

7.

No patron shall directly pay or give any gratuity to any performer, and no performer shall solicit any pay or accept any gratuity from any patron.

8.

No owner or other person with managerial control over an adult business shall allow any person on the premises of the adult business to engage in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This paragraph may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

M.

Additional Regulations for Adult Motels.

1.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult hotel or motel.

2.

It is a violation of this chapter when, as a person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult business license, the person rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, rents or sub-rents the same sleeping room again.

For purposes of Paragraphs 21.59.040(M)1. and 21.59.040(M)2. of this subsection, the terms "rent" or "sub-rent" mean the act of allowing a room to be occupied for any form of consideration.

N.

Additional Regulations Relating to the Exhibition of Sexually Explicit Films, Videos or Live Entertainment in Viewing Rooms. A person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, CD, DVD, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1.

Upon application for an adult business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be allowed. A manager's station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions of all areas of the interior of premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.

2.

No alteration in the configuration or location of a manager's station may be made without the prior written approval of the chief of police.

3.

It is the duty of the licensee of the adult business to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the adult business.

4.

The interior of the adult business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult business to which any patron is allowed access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment. If the adult business has two or more designated manager' s stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult business to which any patron is allowed access for any purpose from at least one of the manager's stations. The view required by this subsection shall be by direct line of sight from the manager's station.

5.

It shall be the duty of the licensee to ensure that the view area specified in this subsection remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

6.

It shall be the duty of the licensee to ensure that no patron is allowed access to any area of the adult business, which has been designated, as an area in which patrons will not be allowed pursuant to Paragraph 21.59.040(N)1. of this

subsection.

7.

No viewing room may be occupied by more than one person at any time.

8.

The adult business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are allowed access at an illumination of not less than five foot candles as measured at the floor level.

9.

It shall be the duty of the licensee to ensure that the illumination required by this subsection is maintained at all times that any patron is present in the premises.

10.

No openings of any kind shall exist between viewing rooms or booths.

11.

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

12.

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist, and, if any do exist, promptly repair any such openings or holes prior to any use of such booths by patrons.

13.

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14.

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches of the floor.

15.

It is a violation of this chapter for a person having a duty under this subsection to knowingly fail to fulfill that duty.

O.

Additional Regulations for Adult Model Studios.

1.

An adult model studio shall not employ any person under the age of 18 years.

2.

It is a violation of this chapter for a person under the age of eighteen years to appear semi-nude or in a state of nudity in or on the premises of an adult model studio. It is a defense to prosecution under this section if the person under eighteen years was in a restroom not open to public view or visible to any other person.

3.

It is a violation of this chapter for a person to appear in a state of nudity, or knowingly allow another to appear in a state of nudity in an area of an adult model studio premises, which can be viewed from the public right-of-way.

4.

An adult model studio shall not place or allow a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.60 - CANNABIS

The purpose of this chapter is to regulate personal, medical, and commercial cannabis uses. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.60.020 - Definitions.

The definitions for this chapter shall be as defined in Section 3.22.030 (Definitions) of the Municipal Code. Additionally, the following definitions shall apply:

A.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, or sale of cannabis and cannabis products for recreational use.

B.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

C.

"Licensee" means the holder of any state issued license related to cannabis activities, including but not limited to licenses issued under Division 10 of the California Business and Professions Code.

D.

"Cannabis accessories" means any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or

containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

E.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.

F.

"Sale" includes any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis products was purchased.

G.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.60.030 - General regulations.

A.

Personal Recreational Use.

1.

General. For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of cannabis shall be considered unlawful in all areas of the city to the extent it is unlawful under state law.

2.

Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

3.

Indoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

a.

Subject to obtaining an indoor cultivation permit from the community development department, this chapter shall not prohibit the cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private resident that is fully enclosed and secured and in compliance with Health and Safety Code Sections 11362.1 and 11362.2.

b.

The community development department will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements. The city council may institute a fee for the indoor cultivation permit by resolution.

B.

Medical Use.

1.

Cultivation of medical cannabis pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in Subsection 21.60.030(A) (Personal Recreational Use) of this section.

2.

The establishment or operation of any medical cannabis collective, cooperative, dispensary, operator, establishment, or provider shall be considered a prohibited use in all zoning district of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

3.

Exception. The establishment or operation of a medical cannabis delivery service is allowed in the city, provided a use permit, variance, building permit, business license, and all other entitlements or permits have been approved pursuant to this zoning code.

4.

Medical cannabis delivery services are only conditionally allowed in the Riverside Corridor (RSC) and the C-3 zoning district, subject to the granting of a conditional use permit and all of the following requirements:

a.

Medical cannabis delivery services shall operate from a physical location that is properly licensed by the state and shall perform retail sales exclusively by delivery. Medical cannabis shall not be offered, displayed, provided or sold from a storefront open to the general public. All other commercial cannabis activity shall be prohibited at the premises.

b.

Sales of non-medical, adult-use cannabis from the premises shall be prohibited.

c.

Pursuant to California Business and Professions Code Section 26054(b), medical cannabis delivery services shall not be located within a six-hundred-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless the planning commission finds that the proposed site will not pose a threat to the public health, safety, and welfare of the surrounding community and properties.

d.

The planning commission shall serve as the review authority for issuance of a conditional use permit to medical cannabis delivery services. In addition to complying with all procedures and requirements for issuance of a use permit specified in Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the planning commission shall consider the following additional factors in determining whether to approve or deny a conditional use permit:

i.

Whether the use is likely to enhance the economic vitality of the area in which is proposed to be located;

ii.

Whether the applicant has adequately addressed potential adverse impacts of the use and appropriate mitigation measures;

iii.

Whether the proposed use is likely to result in an overconcentration of the use in the surrounding area; and

iv.

The extent of support or opposition to the proposed use and location from members of the community.

e.

All conditional use permits issued pursuant to this subsection shall be conditioned on the permittee's compliance with all state laws and regulations applicable to medical cannabis delivery services, including obtaining and maintaining lawful possession of all necessary state license(s) prior to and during operation of the business. Violations of any applicable state licensing requirements shall be deemed violations of the conditional use permit and may result in revocation of the conditional use permit.

f.

The director or his or her designee is authorized to develop an appropriate application form and to administer reasonable guidelines and policies necessary to carry out the purposes and intent of Paragraph 21.60.030(B)4. of this subsection.

C.

Commercial Cannabis Activity.

1.

The establishment or operation of any business of commercial cannabis activity is prohibited, unless explicitly authorized pursuant to this chapter. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

a.

The transportation, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories;

b.

The cultivation of cannabis;

c.

The manufacturing or testing of cannabis, cannabis products, or cannabis accessories; or

d.

Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

2.

Exception. The establishment or operation of a commercial cannabis delivery service (for example, non-storefront retail) is allowed in the city only if a use permit, variance, building permit, business license, and all other entitlements or permits have been approved pursuant to this chapter. The city council, by resolution, may decide the number of permits authorized to operate a commercial cannabis delivery service within the city. Commercial cannabis delivery services are only allowed in the Riverside Corridor (RSC) and the C-3 zoning district, subject to the granting of a conditional use permit.

a.

In addition to complying with all procedures and requirements for issuance of a use permit specified in Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the planning commission shall consider the following additional factors in determining whether to approve or deny a conditional use permit:

i.

Whether the use is likely to enhance the economic vitality of the area in which is proposed to be located;

ii.

Whether the applicant has adequately addressed potential adverse impacts of the use and appropriate mitigation measures;

iii.

Whether the proposed use is likely to result in an overconcentration of the use in the surrounding area; and

iv.

The extent of support or opposition to the proposed use and location from members of the community.

D.

Commercial Cannabis Delivery Activity—Operational Requirements.

1.

No person shall deliver commercial cannabis anywhere in the city unless they comply with the procedures and requirements of this chapter.

2.

Commercial cannabis delivery services, including those physically located outside the city but delivering to customers within the city, are allowed to deliver commercial cannabis subject to the following requirements:

a.

All cannabis delivery services shall comply with all applicable state and local laws and regulations.

b.

All cannabis delivery services shall pay all applicable taxes, including in accordance with Chapter 3.22 (Cannabis Business Tax) of Title 3 (Revenue and Finance) of this Municipal Code.

c.

All cannabis delivery service shall maintain accurate books and records, detailing revenues and expenses of the business it does in the city. At any time upon reasonable request of the city, each cannabis delivery service shall file a sworn statement detailing:

i.

The number of sales by the cannabis delivery service; and

ii.

Taxes paid pertaining to cannabis delivery in the city during the previous twelve-month period (or shorter period based upon the timing of the request).

d.

All cannabis delivery services shall obtain all state and local approvals and permits as required in this chapter and shall be able to show compliance with the regulations of the originating jurisdictions, if applicable.

e.

All deliveries of cannabis to customers shall only be allowed in the city between the hours of 8:00 a.m. and 10:00 p.m.

f.

All cannabis delivery services shall provide the city manager with the name and contact information of an owner and manager who can be reached twenty-four hours a day. This contact information shall be kept current and shall be updated as necessary to ensure compliance with this chapter.

E.

Cannabis Delivery Activity—Delivery from Outside the City.

1.

Cannabis delivery is allowed in the city by operators with physical locations located outside the city, subject to the requirements of this chapter.

2.

All cannabis delivery services shall obtain and maintain a valid business license in accordance with this chapter and Chapter 3.28 (Business License Tax). In addition to the requirements of Section 3.28.090 (Application—Contents), the applicant, at a minimum, shall submit the following:

a.

A completed and signed application;

b.

The requisite application fee;

c.

Copies of any required state and local licenses to conduct cannabis activity;

d.

Information and documentation demonstrating compliance with this chapter;

e.

The physical address of the property upon which the applicant conducts the cannabis activity (for example, the location where deliveries originate);

f.

List of all vehicles (make, model, and license plate) that are eligible to conduct delivery in the city. This list shall be kept current by the applicant throughout the duration of the license; and

g.

Any information or documentation deemed necessary by the city.

3.

Each business license shall be renewed annually in accordance with Section 3.28.110 (Renewal Business License Tax Certificate). In addition to the requirements of Section 3.28.110 (Renewal Business License Tax Certificate), the applicant shall demonstrate that the requirements of this chapter remain satisfied.

4.

Any person aggrieved by any decision with respect to the issuance or refusal to issue such business license may appeal to the city manager as set forth in Section 3.28.140 (Appeal).

F.

Existing Medical Cannabis Delivery Services.

1.

Pursuant to the provisions of this subsection, medical cannabis delivery services lawfully operating in the city pursuant to Subsection 21.60.030(B) (Medical Use) of this section as of November 17, 2022 shall be authorized to temporarily deliver commercial cannabis under the terms and conditions of such existing conditional use permit and the operational requirements set forth in Subsection 21.60.030(D) (Commercial Cannabis Delivery Activity - Operational Requirements) of this section.

2.

This temporary authorization shall not grant, guarantee, or entitle the qualifying medical cannabis delivery services to issuance of a permit under this chapter, nor to a permit under a future superseding ordinance or regulatory framework.

The temporary authorization shall terminate based upon the earliest of the following events:

a.

From twelve months after the effective date of the ordinance from which this title is derived, the temporary authorization shall automatically terminate with no further action or notice required by the city.

b.

Upon adoption of a superseding ordinance or regulatory framework of commercial cannabis, the temporary authorization to deliver commercial cannabis shall be deemed extended until final approval or denial of the permit, and thereafter the temporary authorization shall be deemed terminated and of no further force and effect. Failure to timely submit a complete application shall result in termination of the temporary authorization.

4.

The temporary authorization granted pursuant to this subsection does not, in any way, create any right, interest, or entitlement to sell or deliver commercial cannabis. The city may, at any time and for any reason, terminate this temporary authorization.

5.

The assignment or transfer or attempt to assign or transfer the temporary authorization is unlawful and shall be null and void.

6.

The temporary authorization under this subsection is justified due to the fact that the medical cannabis delivery services previously allowed under Subsection 21.60.030(B) (Medical Use) of this section have undergone extensive review, examination, and scrutiny in conditional use permit proceedings and the findings necessary to establish a medical cannabis delivery service have been made.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this chapter, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. In addition to the penalties provided in this section, any condition caused or allowed to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided Chapters 1.02 (Penalties) and 1.03 (Administrative Citation) and/or under state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)