Pismo Beach Municipal Code Ch. 17.38 Standards for Specific Land Uses

A. Purpose. This chapter provides site planning and development standards for land uses that are allowed by Article II of this Zoning Code (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in multiple zoning districts (e.g., in residential and commercial districts).

B. Applicability. Land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this Zoning Code.

Retail sales and services, including but not limited to restaurants, pharmacies, and the sale of retail merchandise, are allowed accessory to a primary use where authorized by Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and as follows:

A. General Standard. Accessory retail uses are permitted, provided there will be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, or windows with merchandise visible from adjoining streets), nor access to any space used for the accessory retail use other than from within the structure.

B. Commercial Zoning Districts. Restaurants and retail sales are permitted in the commercial zoning districts incidental and accessory to offices, hospitals and other medical facilities; pharmacies are permitted accessory to hospitals and other medical facilities.

C. Residential and Special Purpose Zoning Districts. Membership organizations, social or recreational establishments may engage in retail sales for guests only.

D. Director Review and Approval. All accessory retail uses shall be subject to review and approval by the director in compliance with Section 17.42.020 (Zoning Clearance). In order to approve an accessory retail use, the director shall first find that there will be no harm to adjacent existing or potential residential development due to excessive traffic, noise, or other adverse effects generated by the accessory use.

Where allowed by Section 17.12.030 (Commercial District Land Uses and Permit Requirements) in the CG zoning district, any adult business as defined by Article VI of this Zoning Code shall be subject to the provisions of this section.

A. Purposes. This section is intended to prevent the adverse effects, including adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods, that can result from the concentration or clustering of adult businesses. It has been demonstrated in various communities, and such demonstrations are relevant to the city of Pismo Beach, that when several adult businesses are located in close proximity to each other or are close to other incompatible uses such as schools for minors, churches, and residentially-zoned districts or uses, the concentration of adult- oriented businesses causes an increase in the number of transients in the area, an increase in crime and, in addition to the above impacts, can cause other businesses and residents to move elsewhere.

Therefore, the purpose of this section is to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses and their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

B. Finding. Performance standards are a legitimate and reasonable means of ensuring that adult businesses are conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators and businesses comply with reasonable regulations related to such requirements, to minimize control problems associated with such businesses and thereby protect the health, safety and welfare of city residents, protect citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The performance standards contained in this chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the city.

The city council, in adopting performance 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; Anheuser-Busch v. Schmoke, 101 F. 3d 325; U.S. v. Hockings, 129 F. 3d 1069; U.S. Thomas, 74 F. 3d 701). The emergence of the Internet brings with it a virtually unlimited additional source of adult-oriented sexual materials available to interested persons in every community. An adult business no longer has to be physically located in a city to be available in the community.

C. Applicability. The provisions of this section apply to uses operated as adult businesses, as defined in Chapter 17.62, in addition to all other applicable requirements of this Zoning Code. The establishment of an adult use shall include the opening of such business as a new business, the relocation of such business, the conversion of an existing business location to any adult use, or the granting of permits required of masseurs and masseuses which would have the effect of the establishment of an adult use or the intensification of an existing adult use.

D. Location Requirements. Adult businesses shall be located no closer than:

1. Five hundred feet to any:

a. Property in a residential zoning district,

b. Child day care facility,

c. School attended by minor children,

d. Park, playground,

e. Religious place of worship,

f. Public building or other public facility likely to be used by minors; existing as of the date of adoption of ordinance; or

2. One thousand feet to any other adult business.

Exemption: Adult businesses may be located within a shopping center, even when the business site does not meet the distance requirement in paragraph 1, above.

E. Measurement. For the purpose of this chapter, all distances shall be measured in a straight line, without regard for intervening structures, using the closest property lines of the parcels of the land involved.

F. Design and Performance Standards. The establishment or operation of an adult business shall comply with the applicable fees and site development standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes and building regulations and standards adopted by the city of Pismo Beach.

An adult business shall comply with the following design and performance standards:

1. Signs and Advertising. Signs, advertisements, displays, or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities", as defined in Chapter 17.62, or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted. 2. Entrances. Each adult business shall have a business entrance separate from any other nonadult business located in the same building.

2. Screening.

a. All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.

b. No adult entertainment business shall be operated in any manner that permits the observation by the public of any material or activity depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

5. Prohibition of Minors--Posting. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. No persons under the age of

eighteen years shall be permitted within the premises at any time.

6. Noise. No loudspeakers or sound equipment shall be used by an adult business for amplification of sound to a level discernible by the public beyond the wails of the building or portion thereof in which the adult entertainment business is conducted.

7. Parking. Off-street parking shall be provided for the adult entertainment business in compliance with Chapter 17.34 (Parking and Loading).

8. Operating Standards. See Title 5 of the Municipal Code for additional requirements for businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities.

9. Security Program. An off-site security program shall be prepared and implemented including the following:

All off-street parking areas and building entries serving the adult entertainment business shall be illuminated during all hours of operation with a lighting system which provides a minimum maintained horizontal illumination of one foot-candle (ten luxes, one candlepower) of light on the parking surface and/or walkway. The required lighting level is established to provide sufficient illumination of the parking areas ands walkways serving the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.

G. Application Requirements. In addition to the submittal of a business license application to the finance department, the following must be submitted to the police department for a determination of compliance with Title 9 of the Municipal Code:

1. The name and permanent address of applicant;

2. The name and proposed business address of the applicant. If the applicant is a corporation, the name 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, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;

3. A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;

4. A diagram of the premises showing a floor plan thereof specifying where the specific entertainment uses are proposed to be conducted within the building, the location of one or more manager's stations, the location of all overhead lighting, fixtures, and designating any portion of the premises in which patrons will not be permitted;

5. Hours of operation and the admission fee, if any, to be charged;

6. The name or names of the person or persons who have the management of supervision responsibilities of the applicant's business and of any entertainment;

7. A statement of the nature and character of the applicant's business if any, to be carried on in conjunction with such entertainment;

8. A site area map showing the proposed business location and plotting of all uses listed.

9. A mailing list of all property owners within one thousand feet of the proposed business location.

Prior to the issuance of a police clearance, the police department shall complete a background investigation of all parties identified in (G)(l) and (G)(2) above.

H. Inspections. An applicant or permittee shall permit representatives of the police, health, building, fire, and public services departments, or other city departments or agencies, to inspect the premises of an adult business for the purpose of ensuring compliance with the law and the development standards applicable to adult business, at any time it is occupied or opened for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

I. Amortization of Nonconforming Adult Oriented Uses. Any use of real property existing on or before the date when this amendment becomes effective that did not conform to the provisions of this section, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until two years from date of adoption. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the hearing officer in accordance with the provisions of paragraph J, below.

1. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult oriented business shall result in a loss of legal nonconforming status of such use.

2. Amortization: Annexed Property. Any adult oriented business which was in legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of this section shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the by provisions of paragraph J, below.

J. Extension of Time for Termination of Nonconforming Use. The owner or operator of a nonconforming adult business use as described in paragraph I, above, may apply under the provisions of this section for an extension of time within which to terminate the nonconforming use.

1. Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city clerk at least thirty days but no more than one hundred eighty days prior to the time established in paragraph I, above, for termination of such use or within sixty days of the effective date of the ordinance codified in this chapter, whichever date is the last to occur.

2. Content of Application: Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3. Hearing Procedure. The city manager or his/her designee shall set the matter for hearing by the planning commission within a reasonable time. Pending a final determination on the application, the applicant may continue to operate, but such right does not excuse compliance with regulatory provisions of the Pismo Beach Municipal Code. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the planning commission may be appealed to the city council. Any decision of the city council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8.

4. Approval of Extension: Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, not to exceed two years, and shall be approved only if the planning commission makes all of the following findings or such other findings as are required by law:

a. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted. Such property or structure cannot be readily converted to another use, and such investment was made prior to the effective date of the ordinance codified in this chapter;

b. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this section.

K. Severability. If any section, subsection, paragraph, subparagraph or provision or this chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the chapter and application of such to other persons, properties or circumstances shall not be affected thereby.

L. Violations. It shall be unlawful to establish or operate an adult entertainment business in violation of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Nothing in this chapter shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

A. Purpose. This section provides regulations to control the installation of antennas and other wireless communication facilities. It is recognized that unrestricted installations are contrary to the city's efforts to stabilize neighborhood character, and the city's efforts to promote safety and aesthetic considerations, and an overall scenic character within the city. It is the intent of this section to permit antennas and wireless communication facilities where they can be installed without creating an adverse economic, safety and aesthetic impacts on neighboring property owners and the overall community.

B. Applicability. This section applies to all proposed antennas and other communications facilities.

C. Standards for Wireless Communication Facilities. These standards are designed to comply with the Telecommunications Act of 1996. The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This section shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. All wireless communication facilities shall comply with the following requirements.

1. Permit Requirements. No wireless communication facility shall be installed without first having obtained a building permit, and a conditional use permit. In reviewing any application to provide wireless service or to install personal wireless service facilities, the city shall act within a reasonable period of time, taking into account the nature and scope of the application. Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The city shall approve, approve with conditions, or deny the application in accordance with this zoning ordinance and in accordance with the general purpose of the general plan and other applicable ordinances.

2. Application Content. Applications for the approval of wireless communication facilities shall include the following information, in addition to all other information required by the city for a conditional use permit application:

a. Written documentation demonstrating a good faith effort in locating facilities in accordance with the location requirements in subsection (D)(3) (Location Requirements); and

b. Visual simulations showing the proposed facilities superimposed on photographs of the site and surroundings, to assist the review authority and the public in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section.

c. A diagram or map showing the viewshed of the proposed facility. Photosimulations of the proposed facility from effected residential properties and public rights-of-way at varying distances.

d. A map showing the service area of the proposed wireless communication facility and an explanation of the need for that facility.

e. A map showing the locations and service areas of other wireless communication facility sites operated by the applicant and those that are proposed by the applicant which are close enough to impact service within the city.

f. A site/landscaping plan showing the specific placement of the wireless communication facility on the site; showing the location of existing structures, trees, and other significant site features and indicating type and locations of plant materials used to screen wireless communication facility components and the proposed color(s) for the wireless communication facility.

3. Location Requirements. Site location shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by the city, in the city's sole discretion. The placement of all communication facilities shall comply with the following standards.

a. General Requirement. All facilities shall be located to minimize their aesthetic/visual impact on the surrounding community. Ground-mounted non-stealth facilities shall be located only in proximity to existing aboveground utility poles (which are not scheduled for eventual undergrounding), light poles, or trees of comparable height.

b. Restricted Locations. No wireless communication facility shall be established in any of the following locations, except for a stealth facility determined by the review authority to be sufficiently integrated with and/or screened by a non-antenna support structure (for example, a street light, utility pole, building feature, landscape feature), that the facility will be substantially indistinguishable from its support structure:

(1) Within any residential zoning district;

(2) Within any nonresidential zoning district on a site that contains a legally established residential use; or

(3) Within a V (Visual Considerations) overlay zoning district.

c. Ridgelines. No major wireless communication facility shall be placed on or near a ridgeline so that it appears silhouetted against the sky when viewed from any point on a roadway designated as a scenic highway by the general plan/LCP.

d. Co-location. A permittee shall cooperate with other wireless communication facility providers in co-locating additionally antennas on support structures and/or on existing buildings provided said proposed co-locators have received a special use permit for such use at said site from the city. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict of financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and permittee. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal. Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit.

e. Residential. No facility shall be located on a parcel within a residential zoning district unless the parcel is owned by a public utility or public agency or would otherwise prohibit personal wireless service.

4. Guidelines for Placement on Structures. The methods preferred by the city for mounting an antenna on a structure are as follows, in order of preference:

a. Place antennas and towers on public property if practical.

b. Place antennas and towers east of Highway 101 outside the Pacific Ocean view corridors and the City Center area.

c. Mounted on an existing structure on the facade, roof or co-located tower;

d. Mounted on an existing steel or concrete pole (for example, a light standard); or

e. Mounted on a new steel or concrete monopole.

5. Design and development standards. Wireless communication facilities shall be architecturally compatible with surrounding land uses and screened, or otherwise integrated, and designed and maintained as follows:

a. The facilities shall have subdued colors and non-reflective materials which blend with the materials and colors of the surrounding area.

b. Building-mounted facilities shall be designed and/or screened in a manner be compatible with the existing architecture in color, texture and type of material of the building.

c. The facilities shall not bear any signs or advertising devices other than certification, warning or other required seals or signage.

d. All accessory equipment associated with the operation of the wireless facility shall be located within a building, enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.

e. As provided above, new facilities shall be designated to accommodate co-location, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

f. Support structures shall be set back from all residential property lines a distance equal to the height of the support structure plus the height of any antennas, and shall comply with all required setbacks of the zoning district in which it is located.

g. Support structures shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures:

h. Landscaping shall be required to screen wireless communication facilities as much as possible, to soften the appearance of the cell site. The city may permit any combination of existing vegetation, topography, walls, decorative fences or the features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure, landscaping shall not be required.

6. View Corridors. Due consideration shall be given so that placement of towers, antenna, and personal wireless service facilities do not obstruct or significantly diminish views of the Pacific Ocean.

7. Fees. It is the policy of the city of Pismo Beach that applicants pay the full cost associated with processing an application. The city manager shall establish a base application fee for all wireless communication applications. This base application fee shall include the cost of preparing this ordinance and administering it on an ongoing basis. In addition to the application fee, the applicant shall, reimburse the city for costs of professional engineers and other consultants hired by the city to review and inspect the applicant's proposal when the city is unable to do so with existing in-house staff. These professional services may include but are not limited to: engineering, technical reviews, legal, planning; hearing examiner, environmental review, critical areas of review, financial, accounting, soils, mechanical and structural engineering. In the event that project requires special staff analysis beyond that which is included in the base fee, the applicant shall reimburse the city for this staff time. The city may require the applicant to deposit an amount with the city to cover anticipated costs of retaining professional consultants or performing special staff analysis.

8. Validation of Proper Operation. Within ninety days of commencement of operations, the applicants for the wireless communication facility shall provide the director a preliminary report and field report prepared by a qualified engineer, verifying that the operation of the facility is in conformance with the standards established by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE) for sage human exposure to electromagnetic field (EMF) and radio frequency radiation (RFR).

9. Monitoring Requirements. Each major wireless communication facility approved shall be subject to review by the planning commission at the end of five years from the date of approval. At any time, the planning commission may modify existing conditions or impose new conditions to protect the public health and safety and general welfare, as deemed necessary by the review authority.

10. Expiration. A conditional use permit for a wireless communication facility shall expire five years after the effective date of the permit approval. A permittee wishing to continue the use of a specific wireless communication facility at the end of the five year period must apply for a conditional use permit renewal application to continue that use at least six months prior to its expiration. In ruling on said renewal the planning commission shall apply all then existing regulations effecting the application.

11. Abandonment. Wireless communication facilities that were lawfully installed and are no longer operating shall be removed from the property no later than ninety days after the discontinuation of use. Removal shall comply with applicable health and safety regulations.

A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have thirty days to remove the facility or provide the director with evidence that the use has not been discontinued. All facilities not removed within the required thirty-day period shall be in violation of this Zoning Code, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this section.

12. Violations. Operators violating any of the provisions of this section regarding wireless communication facilities are guilty of a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The penalty for a misdemeanor is a fine not to exceed one thousand dollars or imprisonment for a term not to exceed six months, or by both fine and imprisonment.

13. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Title be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Title or its application to other persons or circumstances.

D. Standards for Satellite Antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed, and maintained in compliance with the regulations of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC).

Satellite antennas with a diameter larger than one meter shall also comply with the following requirements, when these provisions are not in conflict with applicable State and Federal regulations. Home satellite antennas with a maximum diameter of one meter or less are not regulated by this section.

1. Permit Requirement. Zoning clearance shall be required for antennas with a diameter of seventy-two inches or less; minor use permit approval shall be required for larger antennas.

2. Application, Plans. Plans for antennas shall be submitted with each application for a building permit, and shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening. The plans shall be subject to the approval of the director.

3. Location. No antenna shall be located within any required front or street side yard setbacks in any zoning district. In addition, no portion of an antenna shall extend beyond the property lines.

4. Color. The antennas and supporting structure shall be painted a single, neutral, non-glossy color (for example, earth-tones, gray, black) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

5. Wiring. All electrical and antenna wiring shall be placed underground whenever possible.

6. Residential Districts. In any residential zoning district, all antennas shall be subject to the following standards:

a. Only ground-mounted antennas shall be permitted. Ground-mounted antennas shall be located in the rear yard of the site;

b. The height of the antennas shall not exceed fifteen feet;

c. Only one antenna may be permitted on any site;

d. The antenna shall be separated from adjacent properties by at least a six-foot high solid wall or fence or by plants or trees of equal minimum height;

e. Any antenna that is taller than adjacent property line fences shall be located away from the side or rear property line at a distance equal to or greater than the height of the antenna;

f. The diameter of the antenna shall not exceed ten feet. This provision may be modified by the director if strict compliance would result in no/poor satellite reception; and

g. The antenna shall be used for private, noncommercial, purposes only.

7. Nonresidential Districts. In any non-residential zoning district, antennas may be roof or ground-mounted. These antennas shall be subject to the following standards:

a. If roof-mounted, the antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall, or screening shall be subject to approval of the director;

b. If ground-mounted, the antennas shall not be located between a structure and an adjacent street and shall be screened from public view and neighboring properties;

c. The location and height of the antennas shall comply with all requirements of the underlying zoning district; and

d. If the subject site abuts a residential zoning district, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna, unless otherwise screened from view.

E. Standards for Single Pole/Tower Amateur Radio Antennas. All single pole/tower amateur radio antennas shall be designed, constructed, maintained and permitted in the following manner:

1. Definition. "Amateur radio antenna" means an antenna, or any combination of a mast, tower, support structure, antenna array or guide wire plus any additional attached or mounted antenna, which transmits or receives noncommercial radio signals and is utilized by an operator licensed by the Federal Communications Commission.

2. Setbacks.

a. Amateur radio antennas, antenna arrays, support structures, and guy wires shall be located outside all front and side yard setbacks.

b. A minimum setback of five feet from the rear property line shall be maintained for all amateur radio antennas, antenna arrays, support structures, and guy wires.

c. Amateur radio antennas, antenna arrays, support structures and guy wires shall be located outside the bluff top setback area for all lots located within the Coastal Zone.

3. Height.

a. Amateur radio antennas shall be limited to the maximum height permitted for structures (excluding the architectural features set forth in Section 17.20.040) within the zone district where they are located, plus an additional fifteen feet. Antenna applications submitted in conformance with this requirement shall require approval of an administrative zone clearance, issued by the Community Development Director or his or her designee. All zone clearance applications shall be accompanied by the submittal requirements identified on the city's submittal checklist including notification materials.

b. Antennas that exceed the maximum height permitted in the zone district shall be designed such that they can be easily lowered, either by motorized or manual means, to a height not to exceed the maximum height permitted in the zone district when not in use.

c. Antennas that are proposed to exceed the height identified in item 3a. above shall require approval of a Conditional Use Permit. Antenna applications submitted under this requirement shall be accompanied by technical information that provides justification for the proposed height. The applicant shall be required to fund any expert evaluation required by either the Community Development Director or review authority.

d. Any antenna that exceeds the height permitted in the zone district shall include a physical stop limiting the antenna height to that which the review authority approves.

4. Safety.

a. All amateur radio antennas shall be located within a fenced yard/enclosure or on a structure that is otherwise inaccessible to the general public.

b. Sufficient anti-climbing measures shall be incorporated into the design of all amateur radio antennas and support structures to reduce the potential for possible trespass and injury.

F. Effects of development on antenna reception. The city shall not be liable if development within the city after installation of the antenna impairs antenna reception. (Ord. O-2012-002 § 2, 2012)

This section establishes standards for the city review of child day-care facilities, in conformance with State law, including the limitations on the city's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this Zoning Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child day care facilities.

A. Application Requirements. Land use permit applications for child day care facilities shall include a copy of the license issued by the California Department of Social Services, in addition to all other information and materials required by the Department.

B. Small Family Day Care Homes. Small family day care homes are permitted within any single-family residence located in a residential zone.

C. Large Family Day Care Homes. This use is allowed within any single-family residence located in a residential zone, subject to the following requirements:

1. Permit Requirement, Public Notice. A large family day care home shall require the approval of a non-discretionary minor use permit by the director. Instead of the public notice required by Chapter 17.58 (Public Hearings), all property owners within one hundred feet of the proposed site shall be provided notice of the application at least ten days prior to the date of the director's decision on the permit. No public hearing shall be held unless requested in writing by the applicant or other affected person.

2. Criteria for Approval. Minor use permit approval shall be granted if the director determines that the proposed large family day care home will comply with the standards in subsection E.

D. Child Day Care Centers. Allowed in the zoning districts with the type of land use permit determined by Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), subject to the standards in following subsection E.

E. Standards for Child Care Facilities. Large family day care homes and child day care centers are subject to the following standards:

a. Spacing/Concentration. No residential property shall be bordered on more than one side by a child day care facility.

b. Traffic Control. A drop-off and pick-up area shall be established to ensure that children are not placed at risk and street traffic is not unduly interrupted. The driveway of a large family day care home may serve as its drop-off area.

A. Purpose. The provisions of this section provide for standards and procedures for the development of non-residential drive-through and drive-in sales and services facilities. These standards are established so that proposed drive-through and drive-in sales and services facilities may be designed in such a manner as to assure their compatibility and enhancement to the site and surrounding land uses, and to provide a safe and desirable living environment.

B. Applicability. Notwithstanding any other provision of the Municipal Code, drive- through and drive-in sales and services facilities shall be permitted only on property that is both located outside the coastal zone and zoned general commercial (CG). A conditional use permit, pursuant to the provision of Section 17.42.050, shall be obtained prior to establishment of such facilities.

C. Development Standards. In addition to the criteria set forth in Chapters 17.12 and 17.14 (Commercial Zoning Districts and Commercial Design Standards), the following requirements shall be met in connection with review of a conditional use permit for drive-through and drive-in sales and services facilities:

1. Design Requirements.

a. The architecture of any drive-through and drive-in facility shall be compatible with surrounding uses in terms of color, form, materials, and scale;

b. Drive-through and drive-in facilities shall be located at least one hundred feet away from any residentially zoned property;

c. The proposal of drive-through and drive-in facilities shall not be considered as justification for reducing the number of parking spaces, which would otherwise be required by Chapter 17.34 (Parking and Loading);

d. Lighting for drive-through and drive-in facilities shall be shielded or directed away from adjoining properties and public rights-of-way and shall be in compliance with Section 17.24.100(B);

e. Drive-through and drive-in isles shall be properly screened with landscaping to help minimize visual impacts.

f. Hours of operation for drive-through and drive-in facilities shall be limited to the hours between seven a.m. to ten p.m. when abutting residentially zoned property.

g. Design and square footage for menu board signs shall be consistent with the requirements of Chapter 17.36 (Signs). Any speakers associated with a drive-through and drive-in facility shall be directed away from residentially zoned property.

2. Circulation.

a. Drive-through and drive-in aisles shall have a minimum width of twelve feet and minimum interior radius at all curves of fifteen feet. Each drive-through and drive-in aisle entrance/exist shall be located at least twenty-five feet from any curb cut. No drive-through and drive-in isle shall be permitted to empty directly onto a public street.

b. Direction signage shall be provided for each entrance and exit from a drive-through and drive-in isle.

c. Drive-through and drive-in aisles shall not interfere with ingress and egress from the property or access to on-site parking.

d. Drive-through and drive-in aisles shall provide at least one hundred twenty feet of reservoir space for vehicle stacking, as measured from the service window or unit to the entry point of the aisle.

e. Drive-through and drive-in facilities shall be designed in such a manner so as to minimize conflicts with on-site circulation and to preclude adverse impacts to public streets.

3. Findings for Approval. Drive-in or drive-through and drive-in shall not be approved unless the city makes the following findings:

a. The design and location of the facility will not contribute to increased congestion on public or private streets adjacent to the subject property.

b. The design and location of the facility will not impede access to or exit from the parking lot serving the facility, nor impair normal circulation within the parking lot. (Ord. 02-09 § 2 (Exh. A (part)), 2002; Ord. 02-02 § 2 (Exh. 8B), 2002)

A. Applicability. The provisions of this Section allow for business activities within a housing unit that are subordinate to the primary residential use of the site, and compatible with surrounding residential uses. This section does not address child care businesses, which are instead subject to 17.38.050 (Child Day Care Facilities).

B. Limitations on Use. The following are examples of business activities that may be approved by the director as home occupations, and uses that are not allowed as home occupations.

1. Allowed Home Occupations. The following may be approved by the director in compliance with this section:

a. Art work (ceramics, painting, photography, sculpture, and similar works);

b. Clothing production, millinery, sewing, and similar activities;

c. Small handcraft; and

d. An office for an architect, attorney, consultant, insurance agent, tutor, writer, counselor/therapist, licensed massage therapist, and persons providing similar services.

The director may also approve other business activities as home occupations, where the director determines that the business activity is substantially similar to the above uses in its operational characteristics, and will result in no greater impacts on the site or surrounding properties than the above uses.

2. Prohibited Home Occupation Uses. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a. Adult businesses;

b. Barber and beauty shops;

c. Commercial photo/film processing labs;

d. Dance or night clubs;

e. Gun and/or ammunition sales;

f. Medical and dental offices, clinics, and laboratories (not including counselors/psychotherapists, and licensed massage therapists);

g. Mini storage;

h. Storage of equipment, materials, and other accessories for the construction and service trades;

i. Vehicle repair (body or mechanical), upholstery, automobile detailing and painting;

j. Welding and machining; and

k. Any other use determined by the director not to be incidental to or compatible with residential activities, including any use which may produce noise, odors, or traffic that is not customary within a residential area.

C. Application. Zoning clearance (Section 17.42.020) is required for home occupations, which are permitted as accessory uses in all residential zoning districts. A statement of compliance with the operating standards in Subsection D following, shall be signed by the property owner prior to issuance of a zoning clearance. Counselors, psychotherapists, and massage therapists, shall provide evidence of proper State licensing with their application.

D. Operating Standards. Home occupations shall comply with all of the following operating standards:

1. Accessory Use Only. The home occupation shall be clearly secondary to the full-time use of the structure as a residence;

2. Activities, Equipment, Materials. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not involve the storage of flammable, explosive, or hazardous materials. No use shall create noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances;

3. Exterior Evidence of Use. The use shall not require any modification not customarily found in a dwelling, nor shall the use be visible from the street or from neighboring properties. There shall be no window display, advertising sign, or other identification of the home occupation on the premises;

4. Limitation on Employees. The home occupation shall have no employees on the site other than the residents of the housing unit. This limitation applies only to employees of the home business and does not regulate the use of housekeeping, gardening, child care, and/or cooking personnel which are unrelated to the home business; and

5. Limitation on Clients. No more than one client shall be allowed on the premises at any time for counseling, music lessons, tutoring, or other purposes.

6. Location of Home Occupation. The home occupation shall be located entirely within an enclosed structure, and shall not be allowed in a trailer or other temporary structure; and

7. Vehicles, Traffic. Vehicles used and traffic generated by the home occupation shall not exceed the type of vehicles and traffic volume normally generated by a home in a residential neighborhood. All parking needs of the home occupation shall be met off the street and on the same site as the permitted home occupation.

A. Maximum Density.

1. RR-H Zoning District. The maximum allowable number of hotel and motel units on a site within the RR-H zoning district shall be one unit for each five hundred square feet of site area.

2. CD Zoning Districts. The maximum allowable number of hotel and motel units on a site within the CD-M, CD-C, and CD-V zoning districts shall be determined as follows:

a. Single-room units: One per each five hundred square feet of site area; and

b. Multi-room suites: One per each eight hundred square feet of site area.

When considering the conditional use permit for a project, the commission may authorize a greater density when the circumstances of the site or a project design warrant. For purposes of this section, "room" shall mean a bedroom or sleeping room.

B. Special Parking Provisions. The review authority may consider variations in the design and layout of parking facilities for major hotels and motels through conditional use permit review, including tandem valet parking. Approval of design and layout variations shall include provisions for ensuring that the proposed alternative will continue to be operated effectively with the use; that alternatives such as valet parking occur within a controlled area, and that the total number of parking spaces required for the hotel/motel by Section 17.34.040 (Number of Parking Spaces Required) will be provided at all times.

C. Bus and RV Parking Spaces. Proposed parking lots for hotels and motels should be designed to include adequate spaces for the parking of tour busses and recreational vehicles (RVs).

D. Additional Requirements for Hotels and Motels within the Downtown. Hotels and motels proposed within the CD zoning districts shall also comply with the following standards.

1. Design Requirements. The buildings and structures for hotels, motels and other transient lodging uses shall be designed in a manner that is characteristic of short-term occupancy and does not include features that are associated with long-term occupancy and use as dwelling units. Where multi-room suites are proposed, they shall be limited to a size and range of facilities that is characteristic of hotel suites. Full-sized kitchens, dining rooms and other living areas characteristic of dwelling units shall be discouraged.

2. Length of Stay. The review authority shall adopt conditions of approval which will assure that the occupancy of the lodging is limited to short-term stays by tourists and coastal visitors.

3. Subdivision. The subdivision of hotels into airspace condominium units may be permitted with the approval of a conditional use permit by the council, subject to conditions that will assure the development functions primarily as visitor accommodations. The conditions shall require the recordation of enforceable deed restrictions limiting occupancy by any individual to a maximum of thirty calendar days per year, cumulative, and shall require participation in a rental program open to the general public on the same basis as non-condominium hotels.

The provisions of this section apply to projects which include both commercial and residential uses. The intent is to provide a continuous frontage of retail shops and commercial business establishments at the street level, while providing opportunities for downtown residential living. The following requirements shall apply to mixed use projects:

A. Use of Street Level. The entire ground floor street frontage, with the exception of circulation access and loading areas, shall be used exclusively for retail and other commercial uses. No dwelling units shall be permitted on the ground floor/street level except within a single-story structure, and on the rear half of the lot, occupying less than forty percent of the ground floor area.

B. Parking. All parking spaces required by the residential use shall be provided on-site. Parking spaces to serve the residential units shall be specifically designated and shall be reserved for the exclusive use of the residents.

The following standards are intended to ensure that new, expanded or redeveloped mobile home parks, and new mobile home subdivisions are located and established so as to be compatible with adjacent residential neighborhoods and commercial areas. The planning and design of the interior of mobile home parks, including lots and other areas within parks, and the permitting of individual mobile homes within mobile home parks is regulated by the California Department of Housing and Community Development (HCD), and is not subject to the provisions of this Section.

A. Site Planning and Design Standards. Mobile home parks and subdivisions shall conform to the following minimum standards.

1. Minimum site area: Five acres.

2. Density: A maximum of eight mobile home spaces per acre.

3. Setbacks. All structures, including but not limited to mobile homes, shall be set back from property lines as follows:

a. Street frontage lot lines: Thirty feet.

b. Exterior park lot lines not abutting streets: Ten feet

4. Landscaping. The perimeter of mobile home parks shall be landscaped as follows:

a. Street Frontages. Required setbacks shall be provided with a landscaped buffer at least fifteen feet wide, except where cut by access driveways. Landscaping shall occupy a minimum of sixty percent of the required street frontage setback area required by subsection (A)(3) above.

b. Other setback areas: Shall be landscaped with screen planting strips.

c. Interior Street Trees. Each mobile home lot shall be provided at least one street tree of fifteen gallon size or larger.

d. Interior Landscaping. All open areas of a mobile home park not occupied by paving or common facilities shall be landscaped, including a minimum of twenty percent of the total site area for each mobile home, and a minimum of forty-five percent of the total common area(s) of the park.

5. Fencing. The perimeter of a mobile home park or subdivision shall be enclosed by a six foot high solid masonry wall (or alternate approved by the director), located at the setback line along street frontages, and adjacent to property lines not abutting streets.

6. Signs. Sign area shall be limited to one identification sign of fifty square feet and one directional sign of twenty-five square feet, subject to director approval.

B. Accessory Commercial Uses Permitted. A mobile home park may contain commercial uses for the convenience of park residents, i.e., coin operated laundry, soft drink, cigarette and similar machines, provided that these uses shall be located in the interior of the park and shall not occupy more than five hundred square feet for each fifty mobile homes or fraction thereof.

C. Use of Mobile Home Lots. No more than one occupied mobile home shall be allowed on any one lot. No travel trailer, camper, or other recreational vehicle shall be placed on any mobile home lot, either for occupancy or storage.

D. Recreational Vehicle Areas. Mobile home parks may include spaces for occupied recreational vehicles, and/or recreational vehicle storage areas, provided that the location, number and size of spaces shall be authorized as part of the conditional use permit approval.

E. Conversion of Mobile Home Park to Another Use. Any subdivision of an existing mobile home park or conversion of an existing mobile home park to another land use is subject to the following requirements:

1. Permit Requirement. Conditional use permit approval (Section 17.42.050).

2. Application Content. The conditional use permit application shall include the report required by Government Code Section 66427.4 or 65863.7, as applicable, in addition to all information required by Section 17.40.040 (Application Preparation and Filing).

3. Special Notice Requirement. As required by Government Code Section 65863.8, at least thirty days before the public hearing on the conditional use permit, the department shall notify the applicant in writing of the provisions of Section 798.56 of the Civil Code regarding the responsibility of the applicant to notify residents and mobile home owners of the mobile home park of the proposed change in use. No hearing on a proposed mobile home park conversion shall be scheduled until the applicant has verified this notification to the satisfaction of the director.

Mobile homes (identified as manufactured homes by the National Manufactured Housing Construction and Safety Standards Act of 1974) on lots zoned for conventional single-family dwellings, and the storage of mobile homes are subject to the requirements of this Section. Mobile homes placed in mobile home parks (Section 17.38.100), that are regulated by the California Department of Housing and Community Development, are not subject to the provisions of this section. Modular (also known as factory-built) housing units are considered the same as single-family dwellings for the purposes of this Zoning Code, and are not subject to the provisions of this section.

Mobile homes to be used as permanent dwellings in compliance with this section are subject to the following requirements:

A. Certified Mobile Homes. Mobile homes that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401, et seq.), are subject to the following standards:

1. Location. As required by Government Code Section 65852.3, mobile homes for permanent occupancy are considered the same as single-family dwellings, and are permitted by Section 17.08.030 (Residential District Land Uses and Permit Requirements) in all zoning districts that allow single-family housing units;

2. Foundation System. The mobile home shall be placed on a foundation system in compliance with Section 18551 of the Health and Safety Code; and

3. Architectural Standards. Mobile homes shall be designed and constructed with roof eave and gable overhangs of not less than one foot measured from the vertical side of the structure.

B. Non-Certified Mobile Homes. Mobile homes that are not certified under the National Mobile Home Construction and Safety Act of 1974, and that do not meet the requirements of subsection A above shall be placed only in mobile home parks.

C. Density. The number of certified mobile homes (as described in subsection A above) that may be placed on a single parcel shall be the same as the number of single-family dwellings permitted by Section 17.08.040 (Residential District General Development Standards). The number of mobile homes that may be placed in a mobile home park is determined by Section 17.38.100 (Mobile Home Parks and Subdivisions).

D. Storage of Unoccupied Mobile Homes. Unoccupied mobile homes or portions thereof that are not fixed to a foundation shall be stored only in a mobile home sales lot, or an approved storage yard.

Multi-family housing projects shall comply with the following requirements, in addition to all other applicable provisions of this Zoning Code. The requirements of this section may be modified through site plan and architectural review or conditional use permit approval.

A. Setbacks. A proposed building shall be separated from any other building on the site by a minimum of twenty feet. Proposed buildings shall be set back from internal roads and driveways a minimum of ten feet.

B. Common Outdoor Space. Common outdoor space, not including required front or street side setback areas, and usable for passive and/or active recreation, shall be provided at a ratio of four hundred square feet per housing unit.

C. Private Outdoor Space. Each multi-family housing unit shall be provided with private outdoor open space in the form of patios, decks, fenced yard areas, and similar spaces, with the following minimum areas:

• 1. Studio and one-bedroom units: Seventy-five square feet.
• 2. Two-bedroom units: One hundred fifty square feet.
• 3. Three bedroom and larger units: Two hundred twenty-five square feet.

D. Fencing. The development of more than two multi-family housing units shall include the installation of solid wood or masonry fencing along the site perimeter side and rear property lines, in compliance with Section 17.24.060 (Fences, Walls and Hedges), to the maximum height allowed.

E. Garages. The number of garages or carports facing directly onto a street from any multi-family structure shall not exceed the number which may be accommodated on thirty percent of the parcel frontage; provided that a minimum of two shall be allowed.

Permanent outdoor sales and rental establishments including autos, other vehicles and equipment, service stations, and other uses where the business is not conducted entirely within a structure shall comply with the following standards. Temporary outdoor sales are subject to Section 17.42.040 (Temporary Use Permits).

A. Outdoor Merchandise Display. The outdoor display of merchandise shall comply with the following standards, except where minor use permit approval authorizes display subject to alternate requirements approved by the review authority.

1. Screening Required. Except for automobile sales, an outdoor sales/activity area shall be screened from adjacent streets by decorative solid walls, fences, or landscaped berms, a minimum of thirty-six inches high, in a ten-foot landscaped area adjacent to the street property line;

2. Location of Merchandise on Private Property. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscape areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic; and

3. Display of Merchandise within a Public Right-of-Way. The display of merchandise within a public right-of-way may be allowed only with the approval of an encroachment permit in compliance with Municipal Code Section __________. The location of displayed merchandise authorized by an encroachment permit shall maintain a clear pathway for pedestrian travel at all times, with a minimum width of five feet.

4. Signs. Generally, there shall be no signs in addition to that allowed by Chapter 17.36 (Signs) that is visible from the street. Pricing signs shall be no larger than necessary to be read by on-site shoppers.

B. Outdoor Storage Areas. Where permitted by Article II (Zoning Districts and Allowable Land uses), all outdoor storage areas shall be entirely enclosed and screened by a solid wall or fence at least six feet in height.

C. Outdoor Dining. When not entirely enclosed within a courtyard, outdoor dining may be allowed on private property adjacent to a public right-of-way with minor use permit approval. The review authority shall impose conditions of approval as deemed appropriate to provide for proper access and circulation, and any necessary separation from the public right-of-way.

To the extent that the following uses are permitted in a certain zone pursuant to Title 17 of this code, whether by right or as a conditional use, such uses shall also be subject to the limitation that each instance of the use must be located at least one thousand (1,000) feet away from any like establishment. One thousand feet shall be the minimum linear distance between the closest points along the boundaries of the parcel upon which the existing use is located and the parcel upon which the additional use is proposed, respectively, as determined by the Community Development Director or designee.

A. Check-cashing establishment.

B. Gold and silver exchange.

C. Massage establishment—primary.

D. Pawn shop.

E. Resale establishment.

F. Smoke shop.

G. Tattoo establishment.

(Ord. O-2019-007 § 4, 2019)

A. Purpose. The following provisions establish standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

B. Applicability. Any recycling facility intending to operate in the city shall comply with all provisions of this section:

C. Permit Requirements. Recycling facilities are subject to permit review in all commercial zoning districts according to the following schedule:

D. Development and Operating Standards. All recycling facilities shall comply with the following specific standards:

1. Reverse Vending Machines. Reverse vending machine(s) located on a commercial site shall not require additional parking spaces for recycling customers, and may be permitted in all commercial zoning districts, subject to site plan and architectural review and compliance with the following standards.

a. Accessory Use Only. The machines shall be installed as an accessory use.

b. Location Requirements:

(1) If located inside a structure, the machines shall be within thirty feet of the entrance and shall not obstruct pedestrian circulation; and

(2) If located outside a structure, the machines shall not occupy parking spaces required by the main use.

c. Maximum Size. The machines shall occupy no more than fifty square feet for each installation, including any protective enclosure, and shall be no more than eight feet in height.

d. Signs. The machines shall have a maximum sign area of four square feet per machine, exclusive of operating instructions.

e. Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn.

f. Materials. If located outside a structure, the machines shall be constructed of durable waterproof and rustproof material.

g. Hours of Operation. The machines shall have operating hours consistent with the operating hours of the main use.

2. Small Collection Facilities. Small collection facilities may be allowed subject to site plan and architectural review and compliance with the following standards.

a. Location Requirements. Small collection facilities shall:

(1) Be set back at least forty-five feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;

(2) Not be located in any required parking, access, or sight distance area of any required setback;

(3) Not be located within fifty feet of any parcel zoned or planned for residential use; and

(4) Permanently locate any containers provided for "after hours" donation of recyclable materials at least thirty feet from any property zoned or occupied for residential use.

b. Maximum Size. Shall be no larger than three hundred fifty square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

c. Appearance of Facility. Collection containers, site fencing, and signs shall be of a color and design so as to be both compatible and harmonious with the surrounding uses and neighborhood;

d. Landscaping and Screening. The facility shall:

(1) Not impair the landscaping required by Chapter 17.30 (Landscaping) for any concurrent use allowed by these Regulations;

(2) Be screened from view from adjacent public rights-of-way through the use of fencing, landscaping, or other approved materials, in compliance with Section 17.24.060 (Fences, Walls and Hedges); and

(3) Be subject to landscaping and/or screening as determined through site plan and architectural review.

e. Parking Requirements.

(1) No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;

(2) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

(3) Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site;

f. Signs. Signs may be provided as follows:

(1) Recycling facilities may have identification signs with a maximum area of fifteen percent per side of the structure or twelve square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

(2) Signs shall be consistent with the character of their location;

(3) The sign shall contain only the hours of operation, redemption values, and the name of the operator, owner, or beneficiary; and

(4) Directional signs, in compliance with Chapter 17.38 (Signs), bearing no advertising message, may be installed with the approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

g. Operating Standards. Facilities shall:

(1) Accept only glass, metal or plastic containers, paper, and reusable items;

(2) Use no power-driven processing equipment except for reverse vending machines;

(3) Use containers that are constructed with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

(4) Store all recyclable materials in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

(5) Be maintained free of litter and any other undesirable materials, and the site for mobile facilities, at which truck(s) or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

h. Hours of Operation. Attended facilities located within one hundred feet of a property zoned or occupied for residential use shall operate only between the hours of nine a.m. and seven p.m.;

3. Large Collection Facilities. A large collection facility which is larger than three hundred fifty square feet, or on a separate parcel not accessory to a "primary" use, which has a permanent structure may be allowed in the CS zoning district subject to conditional use permit approval and the following standards.

a. Location Requirements. The facility shall not abut a parcel zoned or planned for residential use.

b. Container Location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any residential zoning district, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials.

c. Screening. The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls, or screen planting.

d. Setbacks, Landscaping. Structure setbacks and landscape requirements shall be those provided for the applicable zoning district.

e. Outdoor Storage. All exterior storage of material shall be in sturdy containers which are secured, and maintained in good condition at all times. No storage, excluding truck trailers, shall be visible above the height of the wall.

f. Operating Standards. The facility shall be operated and maintained in compliance with the following:

(1) The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. Temporarily stored materials shall be moved to an approved processing site as soon as practical; and

(2) No dust, fumes, odor, smoke, or vibration above ambient levels shall be detectable from adjacent parcels.

4. Time Limits. Any permit issued in compliance with this section shall have a maximum term established by the approved land use permit. Prior to permit renewal, the director shall consider the permittee's history of compliance with the established conditions of approval, as well as the provisions of this section and the Municipal Code.

E. General Standards. All recycling facilities shall comply with the following standards:

1. Signs. Facilities shall be provided identification and informational signs, as follows, provided that all signs shall meet the standards of the applicable zoning district:

a. All collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that no material shall be left outside the recycling enclosure or machine; and

b. The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation.

Identification and informational signs and directional signs bearing no advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.

2. Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable, non-hazardous waste.

A. Purpose and intent. This section is intended to:

1. Preserve, protect, and enhance the character of the city's different residential neighborhoods;

2. Provide for and regulate urban lot splits and two-unit residential development in a manner consistent with the requirements of Senate Bill 9;

3. Promote and ensure safe development in high fire zones.

B. Definitions. For the purposes of this section, terms shall be defined as follows:

1. "Accessory dwelling unit" has the same meaning ascribed in Section 17.38.155.C.1.

2. "Junior accessory dwelling unit" has the same meaning ascribed in Section 17.38.155.C.10.

3. "Existing structure" means an original dwelling on the property.

4. "SB 9" or "Senate Bill 9" means the state law approved by the Governor on September 16, 2021, amending California Government Code Section 66452.6 and adding California Government Code Section 65852.21 and 66411.7.

5. "Two-residential unit development" means a housing development containing no more than two (2) residential units within a single-family residential zone permitted pursuant to the regulations set forth in SB 9.

6. "Unit" means any dwelling unit or units created pursuant to California Government Code Section 66452.21, an existing structure, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit.

7. "Urban lot split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two (2) parcels of approximately equal size.

C. Applicability; ministerial compliance review.

1. This section shall apply to all two-residential unit developments and urban lot splits proposed for lots in RSL (Single-Family Low Density Residential) zones pursuant to the regulations set forth in SB 9. Except as expressly provided in this section or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9, including all applicable regulations from the Pismo Beach Municipal Code, shall apply.

2. Required approvals.

a. All two-residential unit developments and urban lot splits outside the Coastal Zone shall be required to obtain zoning clearance and a building permit and shall be subject to ministerial review by the Community Development Director or designee to determine whether the criteria for approval have been met. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

b. Projects in the Coastal Appeal Zone shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. Action on a project is final, unless appealed to the California Coastal Commission within ten (10) days of the Coastal Commission's receipt of the notice of final action.

c. Projects in the Coastal Zone, non-appealable, shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

d. For two-residential unit developments and urban lot splits in the Coastal Zone, appealable or non-appealable, for which a public hearing requirement has been waived pursuant to this subsection, at least ten (10) calendar days prior to the issuance of a coastal development permit, the City shall provide notice by first class mail of the pending application for development. This notice shall be provided to the persons, and contain the information, identified in Section 17.124.090 for appealable and non-appealable developments as applicable.

3. All applicants for a two-residential unit development or an urban lot split shall submit an application including:

a. A sworn statement affirming eligibility under SB 9 regulations;

b. All materials required by the Community Development Director;

c. Applicants for an urban lot split shall, in addition, sign an affidavit stating that the owner intends to occupy one (1) of the housing units as their principal residence for at least three (3) years from the date of the approval of the urban lot split. Provided, however, this provision shall not apply to an owner that is a community land trust or qualified nonprofit corporation as those terms are defined and described in California Revenue and Taxation Code Sections 402.1 and 214.15, respectively;

4. The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

D. General requirements. An applicant seeking approval of a two-residential unit development or urban lot split shall:

1. Comply with SB 9; all objective requirements of other applicable state law including the Subdivision Map Act; the Pismo Beach Municipal Code, including Title 17 and Title 16, except as expressly provided in SB 9 or in this section; and all objective standards of this section.

2. Execute and record a covenant, supplied by the City and subject to the approval of the City Attorney or designee, that contains the following provisions:

a. Non-residential uses are prohibited on the property subject to development under SB 9 and this section;

b. Rental or leasing of any unit or units on the property for a period of thirty (30) days or less is prohibited;

c. Ongoing compliance with SB 9 requirements and restrictions is required;

d. Access to the public right-of-way shall be maintained in perpetuity;

e. All required parking shall be maintained;

f. If the applicant is seeking approval of an urban lot split, any subsequent urban lot split of the property is prohibited.

E. Parking. All two-residential unit developments and urban lot splits shall comply with the following objective standards for parking:

1. One (1) enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this section and such parking space shall be located on the same parcel as the unit.

2. Parking required for a unit created pursuant to SB 9 and this section is in addition to any parking required for the existing structure, should it remain on the property. If an existing garage, carport, or other parking is converted or demolished in order to construct the new unit, the required parking space(s) that are displaced shall be replaced on the same property to satisfy the parking requirements of the existing structure.

3. Exceptions. Additional parking spaces required under subsection 17.38.145.E.1 shall not be required for units developed pursuant to SB 9 and this section if the property upon which the unit is created meets one (1) or more of the following criteria:

a. Is within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in California Public Resources Code Section 21155, or a major transit stop, as defined in California Public Resources Code Section 21064.3, or

b. There is a car share vehicle located within one (1) block of the project.

4. Required off-street parking may be provided as tandem parking on an existing driveway provided all requirements in subsection 17.34.070.A.5.a are met.

5. Each required parking space shall meet the following standards:

a. Each parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet.

b. All parking spaces shall be located behind existing or future sidewalk, or other public right-of-way.

c. All parking spaces shall be located on an all-weather surface as approved by the City Engineer or designee (e.g., hardscape, gravel) and be accessed by a driveway apron or curb cut.

F. Development standards. All two-residential developments units and urban lot splits shall comply with the following objective development standards:

1. Driveways.

a. A driveway may be shared by not more than two (2) units and no more than two (2) lots.

b. More than one (1) driveway per lot is prohibited on lots with less than sixty (60) feet of public street frontage.

2. Setback requirements. All units in a two-residential unit development and/or on an urban lot split shall comply with the setback standards for RSL zones. Provided, however, no setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as the existing structure.

3. Occupancy.

a. Non-residential uses on the property subject to a two-residential unit development or an urban lot split are prohibited.

b. Short-term rental prohibited. A short-term rental use of thirty (30) days or less shall not be permitted in units developed pursuant to SB 9 and this section. Units developed pursuant to SB 9 and this section shall be occupied for terms longer than thirty (30) days.

4. Height. Height of a unit developed pursuant to SB 9 and the section shall be no greater than permitted in RSL zones.

5. Lot coverage and maximum building areas. Lot coverage and maximum building areas shall comply with the applicable standard for RSL zones, except as provided in Section 17.38.145.G.

6. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel subject to an urban lot split under this section and also improved with a two-residential unit development under this section.

7. Two-residential unit developments and urban lot splits are not permitted on parcels located in the R-1 and RSL zones above the intersection of Longview Avenue and Stratford Street in the Pismo Heights planning area due to being in very high fire hazard severity zones, as determined by the California Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to California Public Resources Code Section 4202 and is coextensive with traffic flow and public safety concerns as this area has only one (1) ingress and egress.

8. More than twenty-five (25) percent of the exterior structural walls of the existing structure shall not be demolished if the existing structure has been occupied by a tenant in the three (3) years prior to the submission of an SB 9 Development Project application.

9. An urban lot split shall comply with SB 9 and the following standards:

a. No lot resulting from an urban lot split shall be smaller than one thousand two hundred (1,200) square feet.

b. No lot resulting from an urban lot split shall have more than two (2) residential units inclusive of any accessory dwelling unit or junior accessory dwelling unit.

c. The two (2) lots resulting from an urban lot split shall be approximately equal, and no smaller than forty (40) percent or larger than sixty (60) percent of the lot area of the original parcel.

d. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

e. The width of any lot resulting from an urban lot split shall not be less than twenty (20) feet wide.

f. The proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.

G. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this section upon determining that complying with the standards would physically preclude the construction of up to two (2) residential units per lot or would physically preclude either of the two (2) residential units from being eight hundred (800) square feet in floor area.

H. Denial. The Building Official or Community Development Director may deny an application for a two-residential unit development or an urban lot split upon making both the following findings in writing based on a preponderance of the evidence:

1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in California Government Code Section 65589.5(d)(2).

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. O-2022-002 § 2, 2022)

When permitted in the zoning district applicable to a site (see Section 17.08.030, Residential District Land Uses and Permit Requirements), specific residential accessory uses are subject to the provisions of this section. Residential accessory uses include any use that is customarily related to a residence, including but not limited to swimming pools, workshops, studios, storage sheds, greenhouses, and garages.

A. General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.

1. Relationship of Accessory Use to Principal Use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the principal use.

2. Accessory Structure Setback Requirements. Accessory structures shall be located a minimum of: twenty feet from the front property line; five feet from side property lines; ten feet from the rear property line; and six feet from any other structure on the site. Accessory structures shall also comply with the blufftop setback requirements of Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

3. Accessory Structure Height Limits. Accessory structures shall not exceed a height of fifteen feet.

B. Antennas. Antennas are subject to the provisions of Section 17.38.040 (Antennas, Wireless Communications Facilities).

C. Decks. Decks are subject to the setback requirements of Section 17.22.060 (Allowed Projections into Setbacks).

D. Garage/Yard Sales. The sale of miscellaneous items by residents from a yard or open garage is permitted up to four times per year per property, for a maximum of three days per sale.

E. Garages and Carports. Garages and carports shall comply with the following requirements.

1. Permit Requirement--Carports. Carports are allowed in multi-family dwelling projects only, with conditional use permit approval.

2. Setbacks. A garage or carport shall be set back a minimum of twenty feet from the front property line on parcels of four thousand square feet or more, and fifteen feet on parcels less than four thousand square feet.

3. Floor Area. A detached accessory garage shall not occupy more than one thousand square feet per dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by the director through site plan and architectural review. The floor area of an accessory garage that is attached to a principal structure is not limited, except as may be required by the Uniform Building Code or any other applicable construction or fire code.

F. Greenhouses. An accessory greenhouse may occupy up to five hundred square feet per dwelling unit or ten percent of the lot, whichever is smaller. Larger greenhouses shall be considered to be "plant nurseries," and are permitted only in the CS zoning district.

G. Home Occupations. Home occupations are subject to the requirements of Section 17.38.070.

H. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are permitted accessory to approved residential uses on the same site, subject to the following provisions:

1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same site and their guests;

2. Setbacks. A pool/spa/hot tub shall be located at least five feet from any property line; related equipment shall be located at least three feet from the property line. These facilities shall also comply with any applicable blufftop setback requirements established by Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards); and

3. Fencing. The swimming pool shall be secured by fencing and/or building walls to prevent uncontrolled access by children, in compliance with the Uniform Building Code, Appendix Chapter 12, Division III.

I. Tennis and Other Recreational Courts. Non-commercial outdoor tennis courts and courts for other sports (for example, racquetball) accessory to a residential use are subject to the following requirements:

1. Fencing: Shall be subject to the height limits of Section 17.24.060 (Fences, Walls, and Hedges), but shall not exceed a maximum height of twelve feet; and

2. Lighting. Court lighting shall not exceed a maximum height of fourteen feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property.

J. Vehicle Storage. The storage of vehicles, including incidental restoration and repair, is subject to Section 17.38.170 (Storage, Outdoor).

K. Workshops or Studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, and similar activities is subject to the following standards when located in a residential zoning district.

1. Limitation on Use: An accessory structure may be constructed or used as a workshop or studio in any residential zoning district solely for non-commercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors, i.e., painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; or for other similar purposes. Any use of accessory workshops for any commercial activity shall meet the standards for home occupations (Section 17.38.070).

2. Floor Area. A workshop shall not occupy an area larger than twenty-five percent of the floor area of the principal building; except that where a workshop is combined with a garage, subsection E (Garages) of this section applies.

A. Purpose and intent. This chapter is intended to:

1. Provide for and regulate accessory dwelling units and junior accessory dwelling units on lots developed or proposed to be developed with single-family dwellings;

2. Contribute market-rate and affordable housing to the community's housing stock;

3. Provide for greater occupational, household type, and income-level diversity within neighborhoods;

4. Make more efficient use of existing infrastructure;

5. Provide for the creation of accessory dwelling units and junior accessory dwelling units in a manner that is consistent with requirements set forth in California Government Code Section 65852.2-65852.22, as amended from time to time.

B. Consistency with adopted plans. Accessory dwelling units and junior accessory dwelling units designed in accordance with this chapter are a residential use that is consistent with the existing general plan and zoning designation for the lot, in accordance with the following findings:

1. Accessory dwelling units designed in accordance with this chapter are consistent with the General Plan.

2. Accessory dwelling units designed in accordance with this chapter require no discretionary approval.

3. Accessory dwelling units designed in accordance with this chapter will be found to have no adverse effect either individually or cumulatively on environmental resources.

4. Accessory dwelling units located above the intersection of Longview Avenue and Stratford Street in the Pismo Heights planning area may increase the number of families that are in danger in emergency situations, because of the lack of secondary access in this area.

C. Definitions. For the purposes of this chapter, terms shall be defined as follows:

1. "Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, and provides permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary unit, in compliance with Government Code Section 65852.2. An accessory dwelling unit includes an efficiency unit, and a manufactured home as defined in Health and Safety Code Section 18007. Accessory dwelling unit does not include "junior accessory dwelling unit."

2. "Attached ADU" means an accessory dwelling unit that:

a. Shares at least one common wall with the primary unit; and

b. Is not fully contained within the existing space of the primary unit.

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

4. "Conversion ADU" means the conversion of any portion of a legal accessory structure, or any portion of a single-family dwelling, or any garage, for the purpose of creating an ADU. Conversion ADUs can include additions of no more than one hundred fifty (150) square feet. Any conversion that exceeds these limits shall be considered a new construction ADU for the purposes of this chapter.

If applying to convert an existing accessory structure, applicant shall demonstrate that the structure was erected with all required permits, or that the structure is legal nonconforming. Structures that were built without benefit of permits are not eligible for conversion under this chapter and must be processed as a new construction ADU.

5. "Detached accessory dwelling unit" means an accessory dwelling unit that does not share a common wall with the primary unit and is not a junior accessory dwelling unit.

6. "Director" means the director of the Community Development Department or designee.

7. "Director's action" means the required submittal of an administrative approval application and review by the Community Development Director.

8. "Efficiency unit" has the same meaning as defined in Health and Safety Code Section 17958.1.

9. "Efficiency kitchen" means limited kitchen facilities including a sink, a refrigerator, small electric kitchen appliances that do not require electrical service greater than 120 volts, an appropriately sized food preparation counter, and storage cabinets. Full-sized electric, gas, or propane cooking appliances are not allowed in an efficiency kitchen.

10. "Junior accessory dwelling unit" or "JADU" means an accessory dwelling unit no more than five hundred (500) square feet in size and contained entirely within a single-family residence. JADUs shall include independent provisions for living, sleeping, eating, and cooking (area meeting the definition of efficiency kitchen but not a standard kitchen), and separate sanitation facilities, or shared sanitation facilities with the primary unit.

11. "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.

12. "New construction ADU" means any ADU that does not meet the definition of a conversion ADU.

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

14. "Passageway" means a pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the ADU. Passageways are not required for detached ADUs.

15. "Primary unit" means the existing or proposed single-family or multifamily residential structure on the site that is not the accessory dwelling unit or junior accessory dwelling unit.

16. "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.

17. "Single-family dwelling" means a building designed for and/or occupied exclusively by one family, or one or more persons occupying premises and living as a single housekeeping unit, which is not attached to or located on a lot with commercial uses. Single-family dwellings contain one dwelling on one lot. Single-family dwellings may also include approved accessory dwelling units and/or junior accessory dwelling unit. Single-family dwelling also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundations.

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

D. Applicability.

1. Application. Where this chapter does not contain a particular standard or procedure, conventional zoning standards and procedures shall apply.

2. Areas where ADUs are allowed. ADUs and JADUs are permitted on lots zoned to allow single-family or multifamily dwelling residential uses, with the exceptions noted in subsection D., on lots or parcels where there is only one existing or planned single-family residence, and where the required development standards are met.

3. Unit types allowed.

a. Single-family dwellings. On lots with existing or proposed detached or semi-detached single-family dwellings, the following are allowed:

i. Up to one (1) ADU and one (1) JADU per single-family dwelling.

b. Multifamily dwellings. On lots with existing or proposed attached multifamily developments such as apartments, condominiums, and townhomes, the following are allowed:

i. Up to two detached ADUs; and

ii. Conversion ADUs associated with up to 25% of the number of multifamily units. Conversion ADUs in multifamily developments must be converted from areas not previously used as living space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

4. Exceptions.

a. ADUs and JADUs shall not be established in any mobile home subdivision, mobilehome park, or recreational vehicle park.

b. Due to traffic flow and public safety issues, ADUs and JADUs are not permitted in the R-1 zone above the intersection of Longview Avenue and Stratford Street, in the Pismo Heights planning area.

c. Projects on hillsides. Development of an ADU on a slope that exceeds twenty percent (20%) is prohibited.

d. No subdivision of property. No subdivision of property shall be allowed where an ADU or JADU has been established unless the subdivision meets all requirements of zoning and subdivision regulations. Additionally, while an ADU or JADU may be rented separate from the primary residence, said dwelling unit may not be sold or otherwise conveyed separate from the primary unit.

E. Permit requirements. Accessory dwelling units and junior accessory dwelling units are permitted with approval of either a zoning clearance, consistent with Section 17.42.020, or a coastal development permit, consistent with Section 17.03.020 and as otherwise provided in this section.

1. Projects outside Coastal Zone. A zoning clearance and building permit is required. Pursuant to Government Code Section 65852.2, applications for accessory dwelling units and junior accessory dwelling units shall be approved or denied ministerially, and no public notice or hearing shall be required.

2. Ministerial review time. Pursuant to Government Code Sections 65852.2 and 65852.22, applications that are subject to ministerial review must be approved, or a notice of deficiency sent, within sixty (60) days of receipt of a completed permit application, which includes all items required for either a zoning clearance or coastal development permit and for a building permit. Applications not including all required items will not be accepted for processing. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within sixty (60) days.

3. Fees. Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the applicant shall pay all applicable fees.

a. No impact fees shall be imposed on an accessory dwelling unit or junior accessory dwelling unit less than seven hundred fifty (750) square feet in size.

b. Impact fees charged for accessory dwelling units greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary unit.

c. For the purposes of this section, "impact fee" includes "fees" as defined in California Government Code Section 66000(b) and fees specified in California Government Code Section 66477. Impact fees do not include utility connection fees or capacity charges.

F. Density. For purposes of calculating the density on a lot, an accessory dwelling unit and/or junior accessory dwelling unit shall not be counted toward overall density for the lot. Only one primary and one accessory dwelling unit and/or junior accessory dwelling unit are permitted per legal lot or parcel on applicable parcels identified in Section 17.38.155.D.

G. Parking.

1. All areas. The following parking provisions apply to all accessory dwelling units in all areas in the city. No additional parking is required for JADUs.

a. Required parking in addition to primary residence. Parking spaces required for an accessory dwelling unit are in addition to parking required for the primary unit.

b. Tandem spaces. Required off-street parking may be provided as tandem parking on an existing driveway.

c. Within setback areas. Required off-street parking may be located within minimum required setback areas unless findings are made that parking in setback areas is not feasible based upon specific site conditions or regional topographical or fire and life safety conditions. Additionally, the following standards must be met:

i. Each space shall have minimum dimensions of ten (10) feet by twenty (20) feet.

ii. All parking spaces shall be located behind existing or future sidewalk, or other public right-of-way.

iii. Parking spaces shall be located on an all-weather surface as approved by the City Engineer (e.g., hardscape, gravel) and accessed by a driveway apron or curb cut.

2. Outside the Coastal Zone. In addition to the requirements of section A. above, for ADUs outside the Coastal Zone, one (1) parking space per accessory dwelling unit is required.

3. Exceptions. Additional parking for ADUs shall not be required for units meeting any of the following standards:

a. The ADU is located within one-half mile walking distance of public transit.

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 accessory structure.

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

e. When there is a car share vehicle located within one block of the ADU.

H. Development standards.

1. Development standards for new construction accessory dwelling units.

a. Occupancy. The following occupancy standards shall be applied to every ADU and JADU in the city:

i. Short-term rental use prohibited. In no case shall a short-term rental use of less than thirty (30) days be permitted in JADUs or ADUs and these units shall be occupied for terms longer than thirty (30) days.

ii. Sale. ADUs and JADUS shall not be sold separately from the primary unit.

(a) Exception. An ADU can be sold or conveyed separately from the primary residence to a qualified buyer if the property was built or developed by a qualified nonprofit corporation and all provisions of California Government Code Section 65852.26 are met.

iii. Owner residency. The following requirements apply to all JADUs. Additionally, the following requirements apply to all ADUs except those permitted between January 1, 2020 and January 1, 2025.

(a) Unless owned by a government agency, land trust, or public or nonprofit housing organization, the property owner shall permanently reside, as evidenced by a homeowner's property tax exemption, on the parcel in either the primary unit, ADU, or JADU.

(b) A deed restriction shall be recorded against the title of the property that contains the ADU or JADU, prior to issuance of a building permit. Such deed restriction shall stipulate the owner residency requirement and that the ADU or JADU cannot be sold separately.

b. Minimum parcel size. No minimum parcel size shall be required to establish an ADU or JADU.

c. Unit size.

i. Minimum unit size, JADU or ADU: One hundred fifty (150) square feet ("efficiency unit" per California Health and Safety Code Section 17958.1).

ii. Maximum unit size, JADU: Five hundred (500) square feet.

iii. Maximum unit size, ADU:

(a) Conversion ADU: Fifty percent (50%) of primary unit size.

(b) New construction ADU: Eight hundred fifty (850) square feet (studio or 1 bedroom), 1,000 square feet (2 bedrooms), or 50% of the primary unit, whichever is smaller.

(c) Regardless of subsections i.-ii. of this section and other site standards such as private open space or vegetation, an ADU must be allowed to be at least eight hundred square feet.

d. Setbacks.

i. JADUs and conversion ADUs. Setbacks shall be sufficient for fire safety in conformance with the Building Code and Fire Code. Additions up to one hundred fifty (150) square feet shall meet setback requirements for new construction ADUs.

ii. New construction ADUs. ADUs shall comply with front and street side setbacks for the applicable zoning district. Minimum side and rear setbacks shall be four (4) feet or the setback for the applicable zoning district, whichever is less, with the following exceptions:

(a) No setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.

e. Height.

i. JADUs and conversion ADUs. Additions of up to one hundred fifty (150) square feet shall meet height requirements for new construction ADUs.

ii. New construction ADUs. Height shall be no greater than permitted in the applicable zoning district height standards, dependent upon ADU configuration, but not less than sixteen (16) feet.

f. Lot coverage and maximum building area.

i. JADUs and conversion ADUs: Additions of up to one hundred fifty (150) square feet shall meet lot coverage and maximum building area requirements for new construction ADUs.

ii. New construction ADUs: Lot coverage and maximum building area shall comply with the standard for the applicable zoning district, except that an ADU of up to eight hundred (800) square feet shall be allowed, regardless of lot coverage and maximum building area.

g. Design. The design, materials, and color of a new construction ADU shall be compatible with that of the primary unit.

h. Number of bedrooms. There is no maximum number of bedrooms for an ADU or JADU.

i. Utility services. The primary unit, ADU, and JADU may be served from the same gas, electricity, and water lines, at the discretion of the property owner. No development shall be approved that would exceed the capacity of the municipal utility systems. Specifically, all applications received for ADUs and JADUs shall be accompanied by evidence provided by the municipal utility provider that there are adequate services/capacities to serve the proposed development.

j. Water conservation. All plumbing fixtures in the primary unit, an ADU, and a JADU must meet current Title 24 requirements for water conservation.

k. Consistency with codes. New development shall comply with all local, state, or federal regulations that apply to the property, including the applicable requirements of the general plan/local coastal plan and certified zoning ordinance.

I. Fire sprinkler requirements. ADUs and JADUs shall not be required to include fire sprinklers if they are not required for the primary unit.

J. Illegal accessory dwelling unit. The establishment of an ADU or JADU without a zoning clearance or coastal development permit is declared to be unlawful and shall constitute a misdemeanor and a public nuisance.

(Ord. O-2020-007 § 1, 2020: Ord. O-2018-011 § 6, 2018: Ord. 07-05 § 1 (Exh. A (part)), 2007)

Auto and other vehicle service stations shall comply with the provisions of this section.

A. General Standards. The following standards apply to all service stations.

1. Service Bays. Service bay entrances shall be oriented away, or screened from, adjacent streets where determined by the review authority to be feasible.

2. Merchandise. All merchandise shall be stored and displayed within the service station or garage building or be otherwise screened from public view as approved by the review authority, except for tires, batteries, and lubrication items which shall be maintained or stored in an orderly manner.

3. Used/Discarded Parts. No used or discarded automotive parts or equipment, or disabled, junked, or wrecked vehicles shall be located outside the service station building or garage, unless located entirely within an approved screened storage area. No house trailers, RVs or boats shall be stored on the premises.

4. Service Activities. All hydraulic hoists and pits and all lubrication, greasing, and permitted repair shall be located and occur entirely within an enclosed structure. No repair activities other than the installation of small parts which do not require the disassembly of any other parts shall occur outside of the structure.

5. Parking/Storage of Vehicles. All vehicles being repaired or waiting for repair shall be parked on-site. No unsightly storage of vehicles shall be allowed.

B. Convenience Retail Sales. The retail sales of food and beverage products and other general merchandise in conjunction with fuel sales is allowed subject to conditional use permit approval in compliance with Section 17.42.050, and the following standards:

1. Parking. On-site parking shall comply with the requirements of Chapter 17.34 (Parking and Loading), and shall include sufficient spaces for all employees on a single shift.

2. Restrooms. Restrooms shall be provided, and shall be available to customers.

3. Facility Upgrading. Applications involving existing stations shall include proposed measures to upgrade the facility to comply all applicable provisions of this Zoning Code.

4. Noise. Air compressors and other noise producing equipment shall be located entirely within a building or otherwise constructed or shielded to comply with the requirements of Section 17.24.090 (Noise).

A. Screening Required. Outdoor storage areas shall be effectively screened from the view of public rights-of-way, by fences, walls, and/or screening, landscaping, as determined by the review authority.

B. Vehicles for Sale. No vehicles may be stored or displayed for sale on any vacant site or at any vacant commercial/industrial location except in compliance with the land use permit requirements of Section 17.12.030 (Commercial District Land Uses and Permit Requirements).

C. Building Materials. Building materials for use on the same premises may be stored on the site only during the time that a valid building permit is in effect for construction.

D. Storage Containers. Enclosed "temporary" storage (i.e., cargo containers, sea-trains, and similar containers) shall only be permitted after obtaining a temporary use permit in compliance with Section 17.42.040.

A vacation club is a transient visitor lodging use that is intended or principally available for occupancy by its membership rather than the general public, where members do not have an ownership interest in a specific unit. When not fully occupied by members, the vacation club facilities shall be made available for stays by the general public. The following standards and requirements shall apply to vacation clubs and similar restricted-occupancy lodging uses:

A. Permit Requirement. Conditional use permit approval shall be required to authorize a new vacation club or the conversion of existing structures to a vacation club use. In order to ensure the availability to the general public of adequate lodging facilities in the coastal zone, the conditional use permit for a vacation club may be approved only if the planning commission first finds that the use will not interfere with the provision of an adequate supply of transient lodging facilities to meet the needs of the general public.

B. Ownership Limitation. Vacation club members may have an ownership interest in the club entity, but a divided or undivided interest in a specific property which is in the form of a timeshare is specifically prohibited.

C. Location. Vacation clubs shall not be allowed on any oceanfront parcel or site.

D. Maximum Number of Units. A vacation club shall not exceed a maximum of twenty-five sleeping rooms or twelve multi-room suites.

E. Development Standards. All development standards applicable to hotels and motels shall also apply to vacation clubs, except as otherwise provided in this section.

F. Availability to Public Required. The conditions of approval shall provide that, when not fully occupied by members, vacation club facilities shall be made available to the general public. This requirement may be satisfied by:

1. Providing priority status to members to reserve rooms or suites up to forty-eight hours in advance of a stay;

2. Within forty-eight hours in advance of a stay, making all unreserved rooms or suites available on a confirmed reservation basis to the general public;

3. Allowing the general public to make tentative reservations at any time in advance of a stay for up to twenty-five percent of the rooms or suites, subject to confirmation within forty-eight hours prior to the stay; or

4. Other means as may be acceptable to the review authority.

G. Fee Requirements. Vacation clubs shall be subject to the following fees in addition to all other fees required by the city.

1. The conditions of approval shall require the recordation of an enforceable agreement, to be approved by the council, which provides that the vacation club shall pay a service fee to the city for stays by members. The fees shall be paid to the city on a monthly basis. The amount of the fees shall be calculated as follows: the annual member assessment generated by the unit used on a per day basis multiplied by ten percent, multiplied by the number of unit/days of occupancy by members.

2. For units rented to the general public, the club shall be subject to the provisions of Chapter 3.20 of the Municipal Code requiring the payment of transient occupancy taxes.

Veterinary clinics and animal hospitals shall be located at least five hundred feet from any residential zoning district, and all facilities for keeping animals during diagnosis or treatment shall be located entirely within a structure.

Warehouse-type retail stores shall be designed and located in compliance with the following standards:

A. Building and Site Design. Building and site design shall complement surrounding commercial and/or industrial development. Structures shall be comparable to the architectural and design quality expected of new structures in the area, including quality of materials, structure design and orientation, site design, landscaping, and buffering. The structure shall reflect the retail aspect of the use by incorporating storefront features, e.g., facade ornamentation and special detailing which identify the entryway and provide pedestrian-level interest to the facade.

B. Buffering and Screening. These facilities shall be screened or buffered, as appropriate, to ensure compatibility with adjacent land uses. Particular attention shall be given to screening or providing buffers for parking, loading and storage areas, solid waste containers, auto service areas, areas with high noise levels, and other features that are visible or can be heard from off-site.

C. Development Near Residential Zoning Districts. When evaluating applications for warehouse retail stores near residential zoning districts, the review authority shall give particular attention to the potential traffic, noise, visual and other effects of warehouse retail uses on residential uses.

D. Traffic, Parking.

1. Parking Lot Layout. The review authority shall specifically consider the impacts of the use and parking of shopping carts on the parking lot design.

2. Pedestrian Requirements. Because of high on-site pedestrian and auto activity, the design shall include clearly defined structure entrances, specially designated areas to accommodate customer pickup, and pedestrian walks from parking areas to the structure.

3. Site Location. The use shall be located only on streets determined by the director to have adequate traffic capacity.