Chapter 19.58 — RECREATIONAL VEHICLE PARKS

(a)

Recreational vehicle parks may be established in all zones within the city except RR/A, R4, R7, R14, R22 and open space zones. Property specifically designed for recreational vehicle use shall not be used for any other purpose than that specified.

(b)

Recreational vehicle parks may be established with an R-4 Zone, provided all requirements of that chapter and hereunder specified are complied with. Conditional permits and a plot plan approved by the city council are required for recreational vehicle parks located in CN, CC, LI, GI and RR/A Zones.

(Code 1972, § 19.58.010)

Sec. 19.58.020. - Conflicting regulations.

In the event of conflict between any provision of this chapter, or of a conditional permit issued under this chapter, and any provision of part 2 of division 13 of the Health and Safety Code or state regulation pursuant thereto or other state law or regulation which is then controlling, the state law or regulation shall apply. If the state law or regulation is not controlling, then the more stringent provision or that requiring a higher standard shall apply.

(Code 1972, § 19.58.020)

(a)

Establishment of recreational vehicle park. No recreational vehicle park may be established which does not conform to the requirements of title 25, chapter 5 of the State of California Administrative Code, division 13 of the Health and Safety Code of the State of California (section 18,000 et. al) and this Code. Persons desiring to establish a recreational vehicle park will submit detailed plans of the proposed park in accordance with existing land use ordinances. No person shall establish a recreational vehicle park within the city until permits for that purpose have been obtained from the building department.

(b)

Licensing. Recreational vehicle parks shall be duly licensed as a business and shall conform to all laws governing them.

(Code 1972, § 19.58.030)

Sec. 19.58.040. - Sanitation, hygiene and utilities.

(a)

Sanitation.

(1)

A minimum of 90 percent of recreational vehicle spaces within the park shall be provided, as a minimum, with electrical and potable water hook-ups.

(2)

Each recreational vehicle park shall maintain, as a minimum, one disposal site for the expressed use of receiving discharges from recreational vehicle holding tanks for every 100 recreational vehicle sites or fraction thereof. Said discharge facility shall be located in such a manner as to not present unpleasantness to tenants and neighboring residents.

(3)

Wherein sewer attachments are provided, existing ordinances pursuant thereto shall apply.

(b)

Public shower/hygiene facilities.

(1)

Every recreational vehicle park shall contain one public sanitary facility apportioned on the basis of one facility per 20 vehicle spaces or fraction thereof for each sex. A shower, lavatory and sink will be provided in like ratio. Hot and cold running water shall be required.

(2)

Toilets shall be the water flush type.

(c)

Other facilities.

(1)

All utilities and amenities shall be underground.

(2)

Pubic eating and drinking facilities such as restaurant and cocktail lounges may be present within the park but must meet all standards and laws concerning the same.

(3)

Laundry facilities shall be provided at a ratio of one washer and dryer per 20 vehicles or fraction thereof.

(4)

Refuse disposals shall be provided at central trash collection and storage areas and screened in each recreational vehicle park. Such areas shall be distributed throughout the park and shall be as approved by the public works department.

(5)

A public telephone shall be provided for the use of park patrons and shall be centrally located and readily identified to ensure ease of access for emergency use.

(6)

Fire protection measures shall be provided as approved by the city fire department.

(Code 1972, § 19.58.040)

Sec. 19.58.050. - Minimum requirements.

(a)

Duration of stay.

(1)

Each recreational vehicle must be kept mobile in such a fashion that it may be moved within one hour.

(2)

Any recreational vehicle shall not occupy any portion of the recreational vehicle park longer than 90 days without obtaining a special occupancy permit from the building and safety department. Said permit shall be valid from date of issuance and terminate 60 days past issuance. Renewal of special occupancy permit is allowed. This special permit shall be over and above park registration fees. Fee for this permit shall be $2.50 per issuance or renewal.

(b)

Development standards.

(1)

Space for each recreational vehicle shall provide not less than 1,250 square feet per unit.

(2)

Adequate space shall be provided within each recreational vehicle space to accommodate one additional vehicle for the purpose of off-street parking.

(3)

All recreational vehicles shall have direct and free access to roads within the park. No more than one recreational vehicle may occupy a recreational vehicle space. However, two tents or one tent and trailer may occupy an existing space provided clearances to adjoining vehicle spaces are maintained.

(4)

Roads within the recreational vehicle park shall be paved to city standards. No road shall be less than 25 feet wide within the park.

(5)

A total of not more than 20,000 square feet may be used to provide space to accommodate the residence of the park owner/custodian and his family, storage area and required maintenance facilities.

(6)

Recreational facilities providing a minimum of 2,000 square feet of area shall be required within each recreational vehicle park. This limitation shall not include any open land less than ten feet wide between sites or include public facilities, sanitary facilities, etc., in its total.

(7)

Recreational vehicle spaces shall contain a pad ten feet by 40 feet which shall be composed of a minimum of decomposed granite type materials on which the recreational vehicle shall be parked. Spaces shall be so designed as to allow ten-foot widths between successive recreational vehicles.

(8)

A screening a minimum of eight feet in height shall be provided to effectively screen the park from adjoining used land and to ensure privacy of patrons and contiguous residences. Screening in all parks shall be approved by the city engineer and city council.

(9)

Signs advertising the recreational park may be prominently displayed at each entrance to the park and will conform to specifications for signs as determined by the Code.

(c)

Setbacks.

(1)

Front, rear and side setbacks required for recreational vehicles. Placement of recreational vehicles on lots to provide setbacks of varying depths is encouraged. Minimum setbacks shall be five feet.

(2)

Front, rear and side setbacks for custodian's area. When the park custodian constructs a standard singlefamily dwelling and accessory buildings upon that portion of the park designated for the same, all setbacks

and separations applicable to the R-7 zone shall apply.

When the park custodian installs a mobile home and accessory buildings upon that portion of the park designed for same, all setbacks and separations applicable to R-5 zones shall apply.

(Code 1972, § 19.58.050)

Sec. 19.58.060. - Park control regulated.

The park owner and/or custodian shall be responsible for the control of nuisance within the park. He will ensure rules of order for the park patrons are posted and enforced. Rules of the park shall, as a minimum, require animal, child and public controls to protect the peace and prohibit nuisance. The park owner and custodian will ensure provisions of this Code pursuant to the same are met.

(Code 1972, § 19.58.060)

CHAPTER 19.59. - PLANNED DEVELOPMENT (PD) OVERLAY ZONE

Sec. 19.59.010. - General.

Upon proper application, a planned development overlay zone may be combined with any of the city's conventional zone districts. When the planned development or PD overlay zone is shown on the city's zoning map, it shall be combined with one of the city's conventional districts. For example, application of the PD overlay in the R-6,000 zone shall be shown as R-6,000-PD. Any lot designated by the PD overlay zone is subject to the land use and density/intensity provisions of the underlying zone district, except as provided herein. If the provisions of this chapter differ from other provisions of this Code, including the development standards of the underlying zone, the provisions of this chapter shall apply and be controlling.

(Code 1972, § 19.59.010)

Sec. 19.59.020. - Purpose and intent.

(a)

Purpose. The purposes of this zone are to:

(1)

Allow flexibility in the mixture of land uses and development criteria that are traditionally prohibited by conventional zoning.

(2)

Encourage superior architectural and site design which emphasizes conservation of open space, provision of recreational amenities, pedestrian connections between buildings, and is harmonious with natural characteristics of the land, including topography, rock outcroppings, significant tree clusters, water courses and ridge tops.

(3)

Foster creative and imaginative residential and nonresidential development, encourage projects incorporating a variety of housing types or combinations of residential and nonresidential uses by allowing diversification in the relationship of uses, buildings, architectural design, lot sizes, yard areas, and open spaces which may not be achievable under other zoning districts.

(4)

Permit the development of innovative residential communities with lot sizes and development patterns that result in livable and desirable environments over the long-term.

(b)

Intent. This district is designed to provide for those uses or combinations of uses which are most appropriately developed in a comprehensive and coordinated fashion. It is intended to be applied only to those areas which by reason of their proximity to other zoning districts, existing development, topography, geographic location, size, or shape require special consideration to be properly integrated into the community and adjacent developed districts. It is the intent of this zone to carry out the policies and objectives of all elements of the general plan and to meet the standards necessary to satisfy the requirements for public health, safety, and general welfare.

(Code 1972, § 19.59.020)

Sec. 19.59.030. - Qualifications for eligibility.

The planned development overlay may be applied to any lot or group of lots having a total area of at least two acres, but not more than 75 acres (properties over 75 acres require a specific plan). Also, the land on which the planned unit overlay is applied shall be contiguous and under the development control of the applicant.

(Code 1972, § 19.59.030)

Sec. 19.59.040. - Permitted uses.

Allowed land uses include those listed as permitted, accessory, or conditional in the underlying zone district. Also, the planned development overlay may allow other uses that either complement the uses listed in the underlying zone district or otherwise help to implement the goals of the project. Such additional land uses may be permitted by the city council, subject to the following findings:

(1)

The mix of land uses are compatible with surrounding zoning and existing development, and will not adversely affect the public health, safety, welfare, comfort, or convenience.

(2)

The mix of land uses supports the intended purpose of the planned development, and creates a superior environment in which to live and work.

(3)

The mix of land uses provides exceptional public benefits for the city by establishing innovative live/work environments, commercial opportunities, recreational amenities, pedestrian connections, and/or public infrastructure.

(4)

The mix of uses includes housing that will help implement the housing element of the city's general plan.

(5)

The mix of uses will diversify the city's economic base, and encourage the influx of new businesses.

(6)

The mix of land uses will achieve one or more goals identified in any of the city's redevelopment plans.

(Code 1972, § 19.59.040)

Sec. 19.59.050. - Development criteria.

Any project developed pursuant to this section shall meet the following requirements, and any such permit issued shall be subject to conditions established under this section.

(1)

Applicable criteria for all development.

a.

Lot size. The minimum lot width, depth and area of lots within a planned development shall be determined by the use proposed. For single-family detached projects, special attention shall be given to creating lots that will remain livable and desirable over the long-term.

b.

Yard requirements. The yard requirements and property development standards for lots in the planned development zone are substantially the same as that of the underlying zone district, except as may be modified, added or eliminated by the city council in either application of the zone district or approval of any development therein. Such flexibility in the application of yard requirements is not permitted by right, and may only be allowed to achieve other important objectives of the planned development.

c.

Architectural design. A common design style or a palette of architectural features is encouraged for each neighborhood or community in the planned development. A design style is not required; however, consistency in the design features and use of materials is encouraged.

d.

Pedestrian access. Each project shall emphasize the pedestrian circulation system, such that residents of each dwelling unit and/or employees in each building have direct access to the park or other recreational

amenity.

e.

Property owner's association. A property owner's association shall be established for the ongoing maintenance of common areas/facilities and general administration of each planned development.

(2)

Applicable criteria for planned developments with residential land uses.

a.

Dwelling unit density. Generally, the maximum number of dwelling units permitted in a planned development shall be calculated according to the methodology set forth for determining "base density" (below). However, in some cases a ten percent increase in dwelling unit density beyond the base density may be approved, subject to certain conditions and findings of fact.

1.

Base density. The "base density" shall be calculated by multiplying the gross land area by the density allowed in the zone district upon which the overlay is applied. If the project is located in more than one residential zoning district, the total number of units shall be calculated by adding the number of units allowed in each zone district. Dwelling units in the proposed planned development may be placed without regard to zone district boundaries, provided that the overall density is not exceeded.

2.

Density bonus. A ten percent density bonus may be approved upon a determination that the project merits such density increase and each of the following findings of fact can be made:

(i)

The proposed density increase is compatible with surrounding land uses and will not adversely affect the public health, safety, welfare, comfort, or convenience.

(ii)

Suitable infrastructure either exists or will be concurrently constructed to serve the proposed project (i.e., streets, water, sanitary sewer, power, drainage facilities, etc.).

(iii)

The project is in close proximity to schools, shopping, and related residential support services.

(iv)

The project is well planned, exhibiting excellence in architectural, site and landscape design.

(v)

The project creates a superior residential environment as evidenced by the provision of open space that is directly accessible to dwelling units.

b.

Building architecture and site design. Architectural and site design shall comply with the city design guidelines for residential development.

c.

Private yards. When provided, private yard areas for individual dwellings shall have a minimum area of 200 feet. Such area shall be contiguous with a minimum dimension of ten feet in any direction. Floor plans and architectural designs shall enhance the privacy of yard areas by restricting the placement of windows on adjacent dwelling units.

d.

Off-street parking. The parking requirements shall conform to those established in other sections of this title for those uses permitted in the projects, except that the city council may require additional visitor parking as a condition of approval. These spaces shall be provided at a ratio of 0.3 to 0.5 spaces per unit and shall be equally dispersed throughout the project, such that they are convenient and useful to the units they serve.

e.

Trash and garbage pickup.

1.

Dumpsters (if proposed) shall be completely enclosed by three solid walls and a gate at least 4½ feet high. The enclosure shall incorporate the design style and materials of primary buildings, and include a concrete apron equal in width and depth to the enclosure. They shall be located convenient to the residents and/or businesses which they are intended to serve.

2.

Residential projects that do not include common trash enclosures shall set aside a minimum 27 square foot area (three feet by nine feet) in each garage for the placement of individual garbage containers. This 27 square foot area shall be in addition to any area required for the parking of vehicles and other storage requirements that may be imposed by individual zone districts.

(Code 1972, § 19.59.050(1))

Sec. 19.59.060. - Development plan.

(a)

Pre-application. All applicants for planned development are encouraged to attend a pre-application conference with the director. The purpose of this meeting is for the applicant to present the conceptual

development and discuss the administrative review process. It is also intended to convey city standards and facilitate the filing of a complete application.

(b)

Formal application. As determined by the director and city engineer, the plan and supporting documents shall include all items specified by the comprehensive application for development and land use approval. Sufficient copies shall be provided and all plans shall be drawn to scale. The plan shall be prepared and endorsed by a registered civil engineer, licensed landscape architect, licensed architect or a registered building designer. In addition, the applicant shall provide as much as applicable, of the following information:

(1)

Topographic map. A topographic map of the subject property or properties, prepared by a registered civil engineer or licensed land surveyor, including a written legal description of the subject area, depicting the topography, existing buildings and land features, trees, and percent of the site that falls within the following slope categories:

a.

Zero to ten percent.

b.

11 to 20 percent.

c.

21 to 30 percent.

d.

31 percent or more.

(2)

Design drawings. Drawings showing all proposed land uses, including exterior building and site elevations, locations and materials of all structures, floor plans; front, rear and side yard dimensions; public and private open spaces such as patios, balconies, parks, playgrounds, school sites; preliminary landscape plans, fences, walls, and utility meters.

(3)

Density and population analysis. A residential density and population analysis and a tabulation of the total land area and percent designated thereof for each use.

(4)

Circulation. Proposed circulation pattern, indicating public and private vehicular and pedestrian facilities, including trails, paths, plazas, bikeways; provisions for parking and loading; driveway location and public or private mass transit facilities; estimated traffic generation as it affects public and private vehicular and pedestrian facilities within and in the vicinity of the proposed development.

(5)

Neighborhood context. Relation to present and future land use in surrounding area, and to the general plan.

(6)

Economic feasibility. Economic feasibility analysis of any commercial uses, if the property is not zoned for similar commercial uses at the time of submittal of the preliminary development plan.

(7)

Adequacy of facilities. An analysis of all public, quasi-public, recreational and educational areas and facilities proposed in terms of their adequacy to meet the project needs.

(8)

Ownership and maintenance. A statement of provisions for ultimate ownership and maintenance of all parts of the development, including street, structures, and open space.

(9)

Infrastructure plan. Preliminary report indicating provision for water supply, storm drainage, sewage disposal, and similar utilities.

(10)

Soils. A preliminary soils, seismic, and geological report.

(11)

Grading. A preliminary grading plan to determine the feasibility of proposed improvements.

(12)

Staging. Delineation of development staging, if any.

(13)

Additional information. The community development director may require additional information in order to determine if the proposed development plan or mix of uses support application of the planned unit overlay district to the area under consideration.

(Code 1972, § 19.59.050(2))

Sec. 19.59.070. - Application and approval procedure.

(a)

Director's duties. Upon determining that the application contains all of the items required by this chapter, the director shall set the matter for a hearing. The public hearing shall be noticed and held in accordance with the provision of chapter 19.56.

(b)

Planning commission duties. The planning commission shall conduct a public hearing, consider the proposed action, and make a determination to either recommend approval or disapproval to the city council. The commission shall only recommend approval if it has first found that:

(1)

The proposed mix of land uses is in keeping with the provisions of section 19.59.030.

(2)

The proposed project is well designed and will create a superior environment than could otherwise be achieved by strict application of the underlying conventional zone.

(3)

The project incorporates appropriate amenities necessary to create and maintain a desirable environment for residents and/or employees (e.g., recreation buildings or facilities, guest parking, common area landscaping, enhanced architectural standards, etc.).

(4)

The proposed planned development is harmonious with surrounding development and does not create internal incompatibilities do to improper design, allowed land uses, or density/intensity of development.

(5)

The proposed circulation system is adequate to carry the anticipated traffic volume.

(6)

The existing or proposed public infrastructure is suitable to meet the needs of the planned development, and does not create capacity issues in other areas of the community.

(c)

City council duties.

(1)

City council action. After receiving the planning commission's recommendation, the city council shall conduct a public hearing, consider the proposed planned development and act to approve, approve with conditions, or disapprove the project.

(2)

City council findings. The city council shall hear the matter and after consideration may, by ordinance, apply a planned unit overlay district to a property or group of properties if it finds from the evidence presented at the hearing that all of the following facts exist:

a.

That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and to the community.

b.

The proposed mix of land uses and design of development will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

c.

That the granting of this permit will not adversely affect the public welfare and will be consistent with the city's general plan, and any other relevant plans of any governmental agency.

(3)

Conditions. In granting a planned unit overlay district permit, the city council may make modification to the plan or impose such conditions as it deems necessary to protect the public health, safety, and general welfare. Any development standards of the underlying zone in which the property is situated, including, but not limited to, signs, fences, walls, maximum building height, minimum yards, maximum building coverage, and off-street parking may be increased or decreased or otherwise modified as necessary to accomplish the purposes of this chapter.

(d)

Combined proceedings. All related development and/or land use approvals pertaining to the proposed planned unit overlay shall be combined and processed concurrently with the proposed planned development overlay. Such approvals may include, but are not limited to, general plan amendments, tentative tract maps, parcel maps, conditional use permits and/or development plan reviews.

(e)

Failure to utilize planned development overlay district permit. Any planned development overlay district permit granted by the city council as provided in this chapter shall be conditioned upon the privilege granted being utilized within the approval period specified for the applicable subdivision map. In the event that that the approved project does not include a subdivision of land, said approval shall be valid for a period of 24 months. Failure to implement the approved project within the time limits specified herein will automatically void said project, unless an extension of time has been granted by the city council.

(f)

Cancellation of a planned development overlay district permit. Any previously approved planned development overlay district may be repealed by the same procedure as the district was originally adopted. Cancellation of a planned development overlay district shall be approved by ordinance and shall similarly nullify all related approvals, including, but not limited to, general plan amendments, tentative tract maps, parcel maps, conditional use permits and/or development plan reviews, which were approved concurrent with the planned development overlay district.

(g)

Amendments. Amendments to a planned development overlay district may be initiated by the property owner or authorized agent, and shall generally be considered according to the same procedure as the planned development overlay was originally approved. However, minor amendments to individual components of the development plan may, at the director's discretion, be approved in accordance with the procedures set forth in chapter 19.50 for development plan review.

(h)

Building permits. Building permits for construction within the overlay zone shall not be issued until a final subdivision map has been recorded for the project.

(i)

Maintenance. All walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the city shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.

(j)

Failure to maintain property.

(1)

Maintenance requirement. All commonly owned land improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to maintain land improvements and facilities shall be unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.

(2)

Inspection. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such public nuisance, the building inspector may, after giving notice, cause the necessary work of maintenance or repair to be done, and the costs thereof shall be assessed against the owner or owners of the project.

(3)

Notice of work to occur. The notice shall be in writing and mailed to all persons whose names appear on the last equalized assessment roll as owner of real property within the project, at the address shown on the

assessment roll. Notice shall also be sent to any person known to the building inspector to be responsible for the maintenance or repair of the common areas and facilities of the project under an indenture agreement.

(4)

Requirement for completion of work. The notice shall particularly specify the work required to be done and shall state that if the work is not commenced within five days after receipt of such notice and diligently and without interruption prosecuted to completion, the city shall cause such work to be done, in which case the cost and expense of such work, including incidental expenses incurred by the city, will be assessed against the property or against each separate lot and become a lien upon the property.

(Code 1972, § 19.59.060)

CHAPTER 19.60. - TEMPORARY ACTIVITIES AND USES

Sec. 19.60.010. - Purpose.

The purpose of this chapter is to establish regulations and procedures for review of temporary activities or uses in order to minimize any adverse effects on surrounding properties and infrastructure or on the public health, safety and welfare. The intent of these regulations is to ensure that temporary activities and uses will be compatible with surrounding land uses, to protect the rights of adjacent residences and landowners, and to minimize any adverse effects on surrounding properties and the environment.

(Code 1972, § 19.60.010; Ord. No. 1084, 2001)

Sec. 19.60.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Temporary outdoor activity means an activity to which the public is invited with or without charge, which is held outside a building or in a temporary or portable structure, on public or private property or public rightof-way on a temporary basis, including, but not limited to, concerts, musical festivals, stage or theatrical shows, fairs, carnivals, exhibits, displays, sports events, automobile or animal races or competitions and off-road vehicle events and also including private parties or outdoor activities not open to the public but held on vacant property not associated with a building or established facility.

Temporary use means a use which is limited in time and extent and not involving construction or substantial improvements or significant alterations of the land, including, but not limited to, sidewalk sales, seasonal produce stands, and other temporary uses.

(Code 1972, § 19.60.020; Ord. No. 1084, 2001)

Sec. 19.60.030. - Activities and uses permitted.

The following temporary activities and uses shall be permitted, subject to obtaining a permit as described in chapter 19.60. Other similar temporary activities or uses may be permitted as determined by the director of community development.

business, either on- or offsite

*Additional time may be approved by the director.

(Code 1972, § 19.60.030; Ord. No. 1084, 2001)

Sec. 19.60.040. - Permit required.

No person shall conduct a temporary outdoor activity or temporary use, with or without charge, unless or until a permit has been obtained from the director of planning and community development or his designee as applicable. It is expressly understood that nothing herein requires any additional permit where the activity is ongoing and is authorized by the permit or entitlement approved for the use.

(Code 1972, § 19.60.040; Ord. No. 1084, 2001)

Sec. 19.60.050. - Exemptions.

(a)

Use of city-owned public parks or other community facilities for organized activities, celebrations or similar uses, of a group size that can be reasonably accommodated by the facility with the approval of the recreation department of the city.

(b)

Outdoor promotional sales by non-profit groups or the lessee of an occupied suite, limited to four weekends per year, where:

(1)

No structures are involved other than conventional sales racks, tables or similar items.

(2)

No temporary electrical lines or electric generators will be used.

(3)

Fire lanes will remain open for emergency access

(c)

One-day celebrations limited to 75 persons or less where the event will be held on private property and parking will not create a hazard.

(d)

Religious, patriotic or similar exhibits associated with seasonal holiday.

(e)

Noncommercial car washes within commercial and industrial zones, limited to weekends and holidays only.

(Code 1972, § 19.60.050; Ord. No. 1084, 2001)

Sec. 19.60.060. - Permit application.

Any person desirous of conducting a temporary outdoor activity or temporary use shall apply to the director of planning and community development a minimum of 30 days in advance of the date of the proposed event. The application for such permit shall be made in writing on a form approved by the director of planning and community development. In order that adequate arrangements may be made for the proper policing of the temporary use, the request shall contain the following information:

(1)

Application. The name, address and telephone number of the person requesting the permit. If the activity is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization.

a.

The name, address and telephone number of the person who will be responsible for management of the activity.

b.

The purpose of the activity

c.

The date when the temporary activity is to occur.

d.

Detailed site plan.

(2)

Parade. If the temporary outdoor event is a parade, the following information shall be provided:

a.

The approximate number of persons and the number and kind of vehicles and animals constituting the parade.

b.

The route of the parade.

c.

The locations of the assembly and dispersal areas of the parade.

d.

The location of traffic barriers, signage, detour routes, restrooms and refuse collection bins.

e.

The plans for the assembly and dispersal areas of the parade, including the proposed times thereof.

f.

If the dispersal area is located in another city, the location of such dispersal area, and if a parade permit has not been issued by such other city, an alternate route and alternate dispersal area in the city.

g.

Such other information relating to the event as the director of planning and community development may require.

(Code 1972, § 19.60.060; Ord. No. 1084, 2001)

Sec. 19.60.070. - Application processing.

Upon receipt of a complete application and at the discretion of the director of planning and community development copies of the application will be transmitted to the city manager, chief of police, building official/fire marshal and city engineer who shall review the application and provide written comments and recommendations to the director of planning and community development. A copy of the application shall also be transmitted to the state highway patrol or county sheriff's department, as appropriate. The director of planning and community development may issue a permit subject to conditions and restrictions necessary to protect the public health, safety and welfare. The applicant for the temporary outdoor activity and temporary use permit shall be notified in writing of the decision of the director of planning and community development at least seven days prior to the date of the proposed temporary use permit. The applicant must certify in writing that they have read and understood the conditions of approval. If the application is denied, the written notice of such denial shall set forth reasons for the denial.

(Code 1972, § 19.60.070; Ord. No. 1084, 2001)

Sec. 19.60.080. - Findings.

The review authority shall make the following findings in granting a temporary activity or use permit:

(1)

That the temporary activity or use is compatible with the various provisions of this chapter;

(2)

That the temporary activity or use is a reasonable use of land compatible with the general plan land use designation and zoning classification;

(3)

That the temporary activity or use will not impede the reasonable use of land, or the orderly development of land in the immediate vicinity;

(4)

The temporary activity or use will not adversely affect the adjacent uses, buildings or other structures;

(5)

That the temporary activity or use will not endanger the public health, safety or general welfare; and

(6)

Provisions for adequate traffic access/circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity.

(Code 1972, § 19.60.080; Ord. No. 1084, 2001)

Sec. 19.60.090. - Bond.

As a condition of issuance of a temporary outdoor activity permit or a temporary use permit, the permittee may be require to execute an agreement with the city, secured by a bond in an amount determined by the director of planning and community development, to ensure restoration of the site of the temporary event to its original condition.

(Code 1972, § 19.60.090; Ord. No. 1084, 2001)

Sec. 19.60.100. - Denial of permit.

The director of planning and community development may refuse to grant a permit for a temporary outdoor activity or use permit when, in his judgment, all considered in relation to the safety, comfort and convenience of the public generally, the conditions of vehicular and pedestrian traffic or the effect upon stores, offices and other places of business, or upon residences, hospitals, churches, and institutions located in the vicinity where the temporary use permit is proposed to be conducted, shall so warrant.

se permit when, in his judgment, all considered in relation to the safety, comfort and convenience of the public generally, the conditions of vehicular and pedestrian traffic or the effect upon stores, offices and other places of business, or upon residences, hospitals, churches, and institutions located in the vicinity where the temporary use permit is proposed to be conducted, shall so warrant.

(Code 1972, § 19.60.100; Ord. No. 1084, 2001)

Sec. 19.60.110. - Public appeal.

Within ten calendar days after mailing of the decision, the applicant or any interested persons may appeal the decision to the city council by filing a written appeal with the city clerk with the appropriate filing fee. The city clerk shall transmit one copy of the appeal to the planning and community development director and one copy to the applicant, in the event that the appeal is not that of the applicant. The written appeal shall specify the person making the appeal the decision appealed from and shall state the reasons for the appeal. Appeals shall be limited to action beyond the authority of the decision-making body, action based on incorrect facts or that the decisions violated provisions of the law.

(Code 1972, § 19.60.110; Ord. No. 1084, 2001)

Sec. 19.60.120. - City council appeal.

Within ten calendar days after the mailing of the decision, any member of the city council may appeal a decision and request review by the council. Thereupon, the city clerk shall give written notice to the planning and community development director and the applicant and set the matter for review by the city council within 30 days.

(Code 1972, § 19.60.120; Ord. No. 1084, 2001)

Sec. 19.60.130. - Report.

After filing of an applicant's or any other interested person's appeal, the city clerk shall transmit the appeal to the planning and community development director for a written report detailing the facts of the appeal. The planning and community development director's report shall be filed within 30 days for review by the city council. After reviewing the facts, the city council may decide to either hear the appeals, hear the appeal in part or not hear the appeal by minute motion.

(Code 1972, § 19.60.130; Ord. No. 1084, 2001)

Sec. 19.60.140. - Hearing.

The appeal hearing shall be held within 30 days after the city council's decision to hear the appeal, unless the 30-day time limit is waived by the appellant. Not less than ten days before the date of the hearing, the notice of the hearing shall be mailed to the applicant in the event the applicant is not the appellant, and to any person who has made a written request for such notice.

(Code 1972, § 19.60.140; Ord. No. 1084, 2001)

Sec. 19.60.150. - Standards of operation.

The following standards shall be applied to all temporary activities and uses at the discretion of the review authority. Compliance with these standards shall be demonstrated as a condition of the issuance of any permit provided for by this chapter:

(1)

Police protection. Every applicant shall employ at his own expense police protection as may be determined to be necessary. The number and type of officers shall be determined and specified by the chief of police to provide for the preservation of order and protection of persons and property in and around the place of the activity. Funds to employ the specified number of law enforcement officers at the current hourly rate for police officers shall be deposited by the applicant with the city at least ten days prior to the specified date the activity is to occur.

(2)

Fire protection. Every applicant shall provide, at his own expense, adequate fire protection as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the event is located in a hazardous fire area as defined by the city fire marshal, a suitable number of fireguards shall be employed by the permittee, who shall be approved by the city fire marshal. Flammable vegetation

and other fire hazards shall be removed in a manner and in such quantity as determined by the fire protection agency or agencies. First-aid and fire extinguishment equipment shall be provided as directed by the fire protection agency or agencies. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on-site and off-site treatment facilities.

(3)

Encroachment permit. The applicant shall obtain an encroachment permit from the public works department prior to conducting any activity or work in the public right-of-way.

(4)

Parking areas. Every applicant shall provide adequate parking spaces including required handicap parking and access in compliance with the Americans with Disabilities Act as determined by the review authority for persons attending the activity by motor vehicle. At the discretion of the review authority, a parking plan shall be submitted and approved prior to the issuance of a permit.

(5)

Fencing. Perimeter fencing around the site is permitted. No chain link fence is permitted.

(6)

Access and parking control. Every applicant shall provide adequate ingress and egress to the activity premises and parking areas. Necessary roads, driveways and entranceways shall exist to ensure orderly flow of traffic onto the premises from a dedicated road. A special accessway for fire equipment, ambulances and other emergency vehicles may be required at the discretion of the city fire marshal. The city engineer must approve the applicant's plan for ingress and egress before a permit shall be issued. Additionally, any applicant may be required to show that traffic guards are under his employ to ensure orderly traffic movement and relieve traffic congestion in the vicinity of the activity.

(7)

Water facilities.

a.

Every permittee shall provide water from a water purveyor operating under a permit as required under the state Health and Safety Code or an ample supply of potable water for drinking and sanitation purposes on the premises of the activity. Location of water facilities on the premises must be approved by the building official or his designee prior to issuance of a permit.

b.

The minimum supply of water to an outdoor activity is 15 gallons for each person in attendance per day. All water shall meet U.S. Health Service standards. Public and private flush-type water closets, lavatories including facilities for the handicapped shall be required as determined by the building official or his

designee. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code and be subject to the prior approval of the building official.

(8)

Food concessions. Concessions must be licensed and operate under a valid health department permit pursuant to local ordinances and state laws. Every applicant shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the health officer.

(9)

Hours of operation. All activities which are subject to permit under this chapter shall close and cease operations between the hours of 12:00 midnight and 7:00 a.m. of each and every day.

(10)

Illumination. Every applicant planning to conduct an activity after dark, or planning to allow people who attend the activity to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied are lighted at all times. The building official must approve the applicant's lighting plan as a prerequisite to the issuance of a permit hereunder. An applicant may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

a.

Illumination: Watts/square foot.

b.

Open areas reserved for spectators: 0.05.

c.

Stage areas: 5.00.

d.

Parking and overnight areas: 0.25.

e.

Restroom and concession areas: 1.00.

Portable, shielded arc-type searchlights shall be permitted in commercial and industrial districts only, provided that the beam of the searchlight shall not be projected at less than a 45 degree angle measured from a horizontal plane, and shall not project upon or reflect upon property or buildings other than the property or the building of the permittee.

(11)

Medical facilities. Where a proposed activity is expected to attract a large number of persons or a site is located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises.

(12)

Signs and banners. Signs and banners permitted as part of a temporary activity or use shall comply with size, number and location requirements of chapter 19.75.

(13)

Trash and refuse. The site shall be cleaned and restored to its original condition or better at the conclusion of the event. An adequate number of trash receptacles shall be provided on-site and shall be emptied or removed as necessary at the applicant's expense.

(14)

Noise. The amount of noise generated by the event shall not disrupt the activities of nearby land uses or otherwise violate the provisions of chapter 7.34 relating to noise.

(15)

Communication system. Applicant shall be required to establish a communication system for public use where ordinary communications are not available.

(16)

Building, health and safety codes. All applicable laws and ordinances with respect to equipment used, construction, plumbing, mechanical, electrical and all other respects shall be observed

(17)

Sales of goods and services. All sales of goods and services shall be limited to one of the following (See also table of activities and uses permitted):

a.

Non-profit organizations.

b.

Existing community organizations existing businesses, licensed and located in the city, at the location of the business.

(18)

Insurance. The applicant shall obtain and secure liability insurance to cover all activities prior to issuance of a temporary use permit. The event shall be subject to an indemnity agreement entered into with the city.

(Code 1972, § 19.60.150; Ord. No. 1084, 2001)

Sec. 19.60.160. - Distribution of copies.

Immediately upon the issuance of a permit, the director of planning and community development shall send a copy of the permit to the city attorney, fire chief and the public works director.

(Code 1972, § 19.60.160; Ord. No. 1084, 2001)

Sec. 19.60.170. - Duties of permittee.

A permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances.

(Code 1972, § 19.60.170; Ord. No. 1084, 2001)

Sec. 19.60.180. - Possession of permit.

The person responsible for management of the temporary activity shall carry the permit upon his person during the conducting of the activity.

(Code 1972, § 19.60.180; Ord. No. 1084, 2001)

Sec. 19.60.190. - Camping at temporary outdoor activity.

Overnight camping may only be permitted by specific approval of the director of planning and community development or his designee and shall comply with the following guidelines:

(1)

Overnight camping may be permitted only for persons putting on the activity, participants in the event or activity or security personnel.

(2)

Overnight camping shall be limited to only fully self-contained vehicles with toilet facilities.

(3)

Any overnight camping shall obtain necessary approvals from the building official/fire marshal and comply with all conditions.

(4)

Any overnight camping shall obtain a permit from the city and pay required permit fees. Except for security personnel as provided in subsection (1) of this section, any overnight camping shall be subject to obtaining a temporary trailer park permit and compliance with all applicable provisions of California Administrative Code title 25.

(Code 1972, § 19.60.190; Ord. No. 1084, 2001)

Sec. 19.60.200. - Sale or dispensing of alcoholic beverages.

Sale or dispensing of alcoholic beverages may only be permitted by express written approval of the director of planning and community development or his designee and shall comply with the following guidelines:

(1)

A temporary license must be obtained from alcoholic beverage control.

(2)

All conditions and recommendations of the chief of police and alcoholic beverage control and the city shall be met. The chief of police may require the provision of officers at any event where alcoholic beverages are served. A minimum of one off-duty deputy shall be required where more than 100 people are anticipated to attend unless specifically waived by the department.

(3)

In compliance with section 19.65.030, concession stands serving alcoholic beverages shall not be located within 1,000 feet of a church, school, park or playground.

(Code 1972, § 19.60.200; Ord. No. 1084, 2001)

Sec. 19.60.210. - Public conduct at temporary outdoor activity.

(a)

No person shall unreasonably hamper, obstruct or interfere with any temporary outdoor event or with any person, vehicle or animal participating or used in such event. No driver of a motorcycle, bicycle or similar type vehicle shall drive between the vehicles, animals and/or persons comprising a parade when such vehicles, animals, and/or person area in motion and are conspicuously designated as a parade.

(b)

The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along the highway, street, public right-of-way or a part thereof constituting a part of the route of a parade. The chief of police shall cause signs to be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation of this posting. No person shall be liable for parking on a street not posted in accordance with this chapter.

(Code 1972, § 19.60.210; Ord. No. 1084, 2001)

Any violation of the provisions of this chapter shall be deemed an infraction and punishable pursuant to section 1.16.010, unless a defendant has been convicted of three or more violations of this code, in which case the violation shall be deemed a misdemeanor. Violations of this chapter may result in the confiscation of equipment, vehicles, or sales stock. Said confiscated equipment, vehicles or stock may be returned upon timely payment of any fines imposed if any person violating any of the provisions of this chapter is guilty of a misdemeanor.

(Code 1972, § 19.60.220; Ord. No. 1084, 2001)

CHAPTER 19.61. - CONDITIONAL USE PERMITS

Sec. 19.61.010. - Purpose and intent.

The conditional use permit procedure is intended to provide for uses that are:

(1)

Types of uses.

a.

Necessary or desirable for the development of the community or region but are not permitted uses in the individual district due to the use's unique character, including, but not limited to, the possible effect of the use on public facilities or surrounding uses;

b.

Appropriate as accessories to the development of neighborhoods or the community; or

c.

Appropriate uses in the district in which they are allowed subject to a conditional use permit, but requiring specific consideration of the proposed use or development.

(2)

Conditions. In granting any conditional use permit, the planning commission shall affix those conditions which it determines will tend to safeguard the public health, convenience and general welfare in the city.

(Code 1972, § 19.61.010; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.020. - Application qualifications.

Applications for conditional use permits will be accepted only from persons having legal authority to take action in accordance with the permit, such as owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter, or the agents of such persons who may make application in the name of such owners, lessees or contract vendees.

(Code 1972, § 19.61.020)

Sec. 19.61.030. - Application procedure.

(a)

Application requirements.

(1)

The application for conditional use permits shall be made to the development services department on forms provided by the city.

(2)

All applications for conditional use permits must be complete before the city is required to consider the application. An application is complete when it contains all the information that is necessary for the city to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter.

(3)

The application shall contain thereon full and complete information pertaining to the request, including a site plan of the proposed conditional use and development, and any additional and supplementary materials requested by the director of the development services department, such as detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.).

(4)

The applicant must provide the city with a list of property owners and their addresses who reside within a radius of 300 feet of the exterior boundaries of the property, using for this purpose persons who have listed for taxation real property within that area. The list of such persons shall be certified by a title company to ensure actual property ownership.

(5)

Upon filing an application for a conditional use permit, a uniform fee, as established by city council resolution and any amendments thereto, shall be paid for the purpose of defraying the costs incidental to the proceedings.

(b)

Investigation and prohibition.

(1)

The planning commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this Code.

(2)

A person may not file and the director of the development services department shall not accept an application which is the same or substantially the same as an application upon which final action has been taken by the city within 12 months prior to the date of said application, unless accepted by a motion of the planning commission.

(Code 1972, § 19.61.030; Ord. No. 1255, 6-2009; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.040. - Public hearing.

(a)

Upon the filing of a verified application, the development services department shall set a public hearing before the planning commission when the director of development services has determined that the application is in compliance with this Code and the California Environmental Quality Act.

(b)

The notice and public hearing procedure shall be consistent with Chapter 19.56, Public Hearing Procedures.

(Code 1972, § 19.61.040; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.050. - Findings and conditions.

The planning commission may not grant a conditional use permit for any use for which a conditional use permit may be granted under any provision of this Code unless it has first found from the evidence admitted during the hearing before the commission that the proposed use meets the findings contained in section 19.54.040(c).

(Code 1972, § 19.61.050; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.060. - Revocation.

(a)

Public hearing. The planning commission, on its own motion at a public hearing, may revoke or modify a conditional use permit upon making one of the findings in subsection (c) of this section.

(b)

Written notice. Written notice of such public hearing shall be served on the owner of the property for which such conditional use permit was granted and in accordance with section 19.56, at least ten days before such public hearing. Said notice shall be served upon the permittee either personally or by registered mail, postage prepaid, return receipt requested.

(c)

Revocation findings. A conditional use permit may be revoked or modified upon the making of one or more of the following findings:

(1)

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

(2)

That the conditional use permit was obtained by fraud.

(3)

The use for which the permit was granted is not being exercised.

(4)

That the use for which the permit was granted has ceased or discontinued for a period of one year, or been suspended or abandoned for a period of one year or more.

(5)

That the conditions of the improvements, if any, on a property for which a nonconforming conditional use permit is operative, is such that they can be used or altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

(6)

That the property owner has not complied with any or all conditions of the conditional use permit.

(d)

Planning commission action. After a hearing upon the revocation of a conditional use permit, the planning commission shall report its findings of fact and recommendations and shall determine the facts and may revoke, modify, or allow to remain unchanged the conditional use permit in accordance with the planning commission's final determination in such matters.

(Code 1972, § 19.61.060; Ord. No. 1126, § 4, 2004; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.070. - Existing permits.

Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this chapter shall be construed to be a conditional use permit under this title, subject to all conditions imposed in such permit unless otherwise provided in this chapter. Such permit may, however, be revoked or voided as provided in section 19.61.060.

(Code 1972, § 19.61.070)

Sec. 19.61.080. - Effective date.

No conditional use permit granted or authorized as provided in this chapter shall become effective until ten days after the date of the decision of the planning commission granting and authorizing said conditional use permit or until the effective date thereof as provided in the permit; provided that the latter date is more than ten days later than the effective date of said resolution.

(Code 1972, § 19.61.080; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.090. - Time limit.

The determination of the planning commission granting a permit shall contain as a condition thereof the following: "The permit hereby allowed is conditioned upon the privileges being utilized within 36 months after the effective date, and if they are not utilized or less than ten percent of the total cost of construction,

erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site, this authorization shall become void, and any development deemed to have lapsed." The planning commission, however, shall have authority to extend the time limit in accordance with section 19.50.070 upon a finding of unavoidable delay. Once any portion of the conditional use permit is utilized, the other conditions thereof become immediately operative and must be strictly complied with.

(Code 1972, § 19.61.090; Ord. No. 1255, 6-2009; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.100. - Term.

(a)

Each conditional use permit lawfully existing at the time of adoption of the ordinance amending this section, and those conditional use permits granted in compliance with the provisions of this chapter, shall remain in effect for the effective life of the business service, or use authorized by such permit, subject to any conditions of approval or operating standards imposed by the planning commission. Such permit shall remain in effect upon a change of ownership, provided the new owner/operator agrees in writing to all applicable conditions and operating standards prior to reopening or maintaining the use under new

ownership. To allow for minor deviations in operating standards and conditions, the development services director may make an administrative determination that a use is in substantial compliance with an approved conditional use permit.

(b)

The development services director may approve minor changes to the required conditions and operating standards of an approved conditional use permit.

(Code 1972, § 19.61.100; Ord. 1126, § 5, 2004; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.110. - Revisions to site plan.

(a)

Approval of minor revisions. Minor revisions to a site plan approved as part of a conditional use permit may be made after review and approval by the director of development services. Minor revisions are defined as revisions which in no way violate the intent of any of the standards or conditions of the permit or of the zone.

(b)

Non-minor revisions. Revisions other than minor revisions, as defined in subsection (a) of this section, may be pursued consistent with the regular conditional use permit procedures set forth in this chapter.

(c)

Approved site plans. All copies of the approved revised site plan shall be dated and signed by the director of development services and made a part of the record of the subject conditional use permit. One copy of said approved revised site plan shall be mailed to the applicant.

(Code 1972, § 19.61.110)

(a)

The development services department will monitor compliance with required conditions of approval and will conduct an administrative compliance review every five years after approval of any conditional use permit. However, nothing in this section shall preclude the director of development services, at his discretion or upon the direction of the planning commission, from initiating an administrative compliance review at any time during the effective life of a conditional use permit. The permittee shall pay the required fee as adopted by resolution for an administrative compliance review.

(b)

During the administrative compliance review, the development services department shall inspect the subject property to determine compliance with all conditions of approval or other operational standards. Upon determination that the property or use is not in compliance, the permittee shall immediately bring the property or use into compliance. The development services department may grant a limited extension provided the permittee agrees in writing to a schedule for bringing the property or use into compliance.

(c)

If after the administrative compliance review the property or use is not brought into compliance in accordance with this section, the development services department may, in addition to any other remedy, recommend to the planning commission that the conditional use permit be revoked or modified.

(Code 1972, § 19.61.115; Ord. 1126 § 6, 2004; Ord. No. 1369, § 4(att. 2), 8-28-2018)

Sec. 19.61.120. - Failure to comply.

Noncompliance with any condition on a conditional use permit shall be a violation of this title and constitute a criminal misdemeanor offense unless, at the discretion of the city attorney, such offense is charged as in infraction pursuant to section 1.16.010.

(Code 1972, § 19.61.120)

CHAPTER 19.62. - VARIANCES

Sec. 19.62.010. - Purpose and intent.

(a)

For practical difficulties, necessary hardships, or results inconsistent with the general intent and purpose of this Code which occur by reason of the strict interpretation of its provisions and the physical constraints of real property, the planning commission, upon motion, may, or upon the verified application of any interested person, shall initiate proceedings for consideration of a variance from the provisions of this Code. The planning commission in granting said variance may establish such conditions as may be deemed

necessary to assure that the intent and purpose of this Code and the public health, safety and welfare will be promoted.

(b)

A variance shall not be construed as an amendment to this Code or cause the maps which are part of this Code to be changed.

(Code 1972, § 19.62.010; Ord. No. 1325, § 4(Exh.), 3-29-2016)

Sec. 19.62.020. - Justification.

(a)

The applicant shall set forth in detail on forms provided by the director of planning and community development, the reasons for the requested variances and shall demonstrate how the conditions set forth in this section are satisfied, and all other information as may be required by the planning commission.

(b)

The planning commission, before granting a variance, must make in writing all of the findings contained in section 19.54.040(a).

(Code 1972, § 19.62.020; Ord. No. 1325, § 4(Exh.), 3-29-2016)

Sec. 19.62.030. - Application.

(a)

Application filing

(1)

Applications for variances shall be made to the department of planning and community development on forms provided by the department. The applicant shall set forth complete data required to satisfy all the requirements of section 19.62.020. The completed application shall be submitted to the planning commission for public review.

(2)

Upon filing an application for a variance, a uniform fee, as established by city council resolution and any amendments thereto, shall be paid for the purpose of defraying costs incidental to the proceedings.

(b)

Investigation and prohibition

(1)

The planning commission shall investigate the facts bearing on each case verify information necessary to assure action consistent with the intent and purpose of this Code.

(2)

A person may not file and the director of planning and community development shall not accept an application which is the same as or substantially the same as an application upon which final action has been taken by the city within 12 months prior to the date of said application, unless accepted by a motion of the planning commission.

(Code 1972, § 19.62.030; Ord. No. 1325, § 4(Exh.), 3-29-2016)

Sec. 19.62.040. - Public hearing.

(a)

Upon the filing of a verified application, the planning and community development department shall set a public hearing before the planning commission when the director of planning and community development has determined that the application is in compliance with this Code and the California Environmental Quality Act.

(b)

The notice and public hearing procedure shall be consistent with chapter 19.56, Public Hearing Procedures.

(Code 1972, § 19.62.040; Ord. No. 1325, § 4(Exh.), 3-29-2016)

Sec. 19.62.050. - Conditions.

The planning commission, in granting a variance, may set forth reasonable conditions which shall assure the intent and purpose of this Code.

(Code 1972, § 19.62.050; Ord. No. 1325, § 4(Exh.), 3-29-2016)

Sec. 19.62.060. - Failure to comply.

Noncompliance with any condition on a variance shall constitute an infraction of the zoning ordinance.

(Code 1972, § 19.62.060; Ord. No. 1325, § 4(Exh.), 3-29-2016)

CHAPTER 19.63. - STREET NAMING REQUIREMENTS

Sec. 19.63.010. - Purpose and intent.

The city council finds that street naming review is required for public and private streets to protect the health, safety and welfare of the citizens of the city and to provide the development of a greater sense of place for all citizens within the city.

(Code 1972, § 19.63.010; Ord. No. 1109, 6-2003)

Sec. 19.63.020. - Authority.

The planning commission shall be empowered to approve, conditionally approve or deny street naming proposals subject to the findings stated in this chapter.

(Code 1972, § 19.63.020; Ord. No. 1109, 6-2003)

No building permit or certificate of occupancy shall be issued before a street name proposal has been approved. Accordingly, no person shall commence any new use or intensify any existing use until a street name proposal has been approved.

(Code 1972, § 19.63.030; Ord. No. 1109, 6-2003)

Sec. 19.63.040. - Findings.

As a condition of granting street name approval, the planning commission shall find that the following exists:

(1)

Choice of names. Names chosen are related to the scale and location of a project.

a.

Objectives. Names should be pleasant sounding, appropriate, easy to read (so that the public, and children in particular, can handle the name in an emergency situation), and should add to pride of home ownership.

b.

Categories. Large developments are to use a single, significant category of names to assist in location of streets. Small subdivisions should use the same category as the surrounding or adjacent area, which helps to establish neighborhood identification.

c.

Unacceptable street names. Unacceptable street names shall include numerical names (1st, 2nd, etc.); alphabetical letter (A, B, C, etc.); surnames of living persons (pioneer families, etc., excluded); frivolous, complicated or undesirable names as determined by the planning commission; unconventional spelling and compound names (use sparingly and not on short streets).

(2)

Suffixes. Unnecessary affixes are to be avoided. Terms that may be utilized are:

a.

"East," "West," "North," and "South," indicating direction.

b.

Street suffixes shall be applied, based upon discretion of the planning commission, in conformance with the definitions shown below.

(3)

Name duplication. Similar sounding names are considered to be duplicative regardless of spelling. No duplication of names is permitted within the projected service area of a United States post office or of local public agencies such as fire and police departments. Where ever possible, the avoidance of duplication should be countywide because of future urbanization.

(4)

Continuity.

a.

A continuous street, or one proposed to be made continuous, should bear the same name throughout, even though it changes directions. If it is interrupted by a channel, freeway, railroad, etc., and eventual connection is not probable, the segments shall bear different names. Notwithstanding the above, loop or U- shaped streets which require two names to avoid duplication of house numbers may be accepted from the continuity provisions. In these cases, the utilization of an appropriate affix may be allowed.

b.

No separate name is to be used for cul-de-sacs that provide street frontage for three or less lots or units. The name shall be the same as that of the intersecting street. However, where there is a series of long and short cul-de-sacs, all should have separate names.

(5)

Street name signs. Street name signs, approved by the director of public works, shall be installed by the subdivider at the intersection of all streets and highways and at such other locations as may be determined to be necessary by the director of public works.

(Code 1972, § 19.63.040; Ord. No. 1109, 6-2003)

Sec. 19.63.050. - Tentative map approval.

After approval of a tentative and parcel map, the subdivider shall submit a street naming proposal application to the department of planning and community development of the city. There shall be ten copies of a map that shall contain the following:

(1)

A map of the overall tract illustrating street layout and the name proposed for each street.

(2)

An alphabetical list of the proposal street names, together with three alternative names for each name proposed.

(Code 1972, § 19.63.050; Ord. No. 1109, 6-2003)

Sec. 19.63.060. - Conformance with law.

The planning commission or director of planning and community development shall review the street name proposal application for conformance with the city's general plan, zoning, applicable specific plan regulations and the criteria in chapter 19.63. Before an application is accepted and approved as complete, the applicant may be required to clarify, correct or otherwise supplement the information contained in the application.

(Code 1972, § 19.63.060; Ord. No. 1109, 6-2003)

Sec. 19.63.070. - Application processing.

The director of the planning and community development department shall review the proposed street name proposal for duplication of names, and for overall compliance with this chapter. Upon completing the review, the director of planning and community development or his designee may distribute the proposal to the county transportation department for review and comment. Distribution shall also be made to the city's engineering, public works, and police department for review and comment. Upon receipt of comments or recommendations from the county road and survey department and any reviewing city department, the city's planning and community development department shall prepare a report which incorporates any responses, and shall forward the proposal to the planning commission for consideration.

(Code 1972, § 19.63.070; Ord. No. 1109, 6-2003)

Sec. 19.63.080. - Filing fees.

A fee assessed by the county transportation department in connection with review of street naming proposals, pursuant to the application processing section, shall accompany the application for a street naming proposal review. The fees assessed by the county transportation department and fees assessed for processing of street name applications may be set and adjusted by resolution of the city council.

(Code 1972, § 19.63.080; Ord. No. 1109, 6-2003)

Sec. 19.63.090. - Expiration.

Street name proposals shall expire two years after the date of initial approval by the planning commission. The submittal of revisions to a street name proposal shall not extend the expiration date specified in this chapter.

(Code 1972, § 19.63.090; Ord. No. 1109, 6-2003)

CHAPTER 19.65. - ALCOHOLIC BEVERAGE SALES REGULATIONS

Sec. 19.65.010. - Purpose and intent.

The general purpose and intent in regulating the location of commercial retail uses which sell alcoholic beverages is to provide minimum development standards which are designed to minimize the effects on health, safety, and public welfare.

(Code 1972, § 19.65.010)

Sec. 19.65.020. - Permitted zoning for alcoholic beverage sales.

The sale of alcoholic beverages for off-site and/or on-site consumption shall only be allowed in the CN and CC zones, provided that the appropriate permits have been obtained. The sale of alcoholic beverages for on-site consumption shall be conditionally permitted in the GI Zone, and sale for off-site consumption shall not be permitted in the GI Zone.

(Code 1972, § 19.65.020)

Sec. 19.65.030. - Development standards.

(a)

Permitted uses.

(1)

A development plan review pursuant to chapter 19.50 shall be required for the following uses:

a.

Drugstores.

b.

Grocery Stores.

c.

Private non-profit organizations.

d.

Restaurants (on-site alcohol only).

(2)

The uses listed above are exempt from the distance requirements that follow in this section.

(3)

The uses listed above, if located in an approved shopping center, shall require clearance from the department of planning and community development prior to approval for tenant improvements.

(b)

Conditional permitted uses. A conditional use permit shall be required for the following uses:

(1)

Any minimart with the sale of alcoholic beverages.

(2)

Any service station which sells both motor fuel and alcoholic beverages.

(3)

Cocktail lounges/bars.

(4)

Liquor stores.

(5)

Restaurants selling alcoholic beverages for off-site consumption.

(c)

Additional information. In addition to the information required with the application for a conditional use permit as detailed in chapter 19.61, the following information must also be provided with the submittal package:

(1)

The distance to the nearest park.

(2)

The distance to the nearest school.

(3)

The distance to the nearest church.

(4)

If a minimart or service station with the sale of alcoholic beverages, the distance to the nearest minimart or service station with the alcoholic beverage sales.

(d)

Prohibited.

(1)

No minimart, cocktail lounge, liquor store or service station selling alcoholic beverages shall locate within 1,000 feet of a church, school, park or playground.

(2)

There shall be no more than one minimart or service station selling alcoholic beverages in any single shopping center.

(3)

Minimarts selling alcoholic beverages and service stations selling alcoholic beverages shall not be located within 2,640 feet (one-half mile) of any existing or approved minimart or service station which sells alcoholic beverages.

(e)

Exemptions. Minimarts locating in a shopping center shall be exempt from the distance requirements; provided that the mandatory findings pursuant to section 19.65.040 can be made.

(f)

Additional standards for service stations. Service stations and minimarts which sell alcoholic beverages shall also adhere to the following standards:

(1)

The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, driving with open containers and the penalties associated with the violation of each of these laws. This educational requirement may be met by posting prominent signs, decals and/or brochures at points of purchase.

(2)

No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter.

(3)

Cold beer or wine shall be sold from or displayed in the main, permanently affixed electrical cooler only.

(4)

No beer, wine or other alcoholic beverage advertising shall be located on gasoline islands; and no lighted advertising for beer, wine or other alcoholic beverages shall be located on the exterior of the buildings or within the window areas.

(5)

No sale of alcoholic beverages shall be made from a drive-through window.

(6)

Conditional use permits shall be required consistent with chapter 19.61.

(Code 1972, § 19.65.030)

Sec. 19.65.040. - Mandatory findings.

The following findings shall be made in order to approve a development plan for a use which involves the sale of alcoholic beverages or to grant a conditional use permit for the sale of alcoholic beverages:

(1)

The location or the use shall not result in adverse impacts on park facilities, school facilities, existing religious land uses and/or existing residential land uses.

(2)

The traffic increases associated with the use will not result in potential hazards to existing pedestrian and/or vehicular traffic.

(3)

The establishment shall not constitute an enforcement problem to the city police department.

(4)

The development conforms to all applicable provisions of this Code.

(Code 1972, § 19.65.040)