Chapter 17.48 — RESIDENTIAL OVERLAY DISTRICT[[1]]

Footnotes:

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Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former Ch. 17.48, §§ 17.48.010—17.48.080 as Ch. 17.49, §§ 17.49.010—17.49.080 and enacted a new Ch. 17.48 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The residential overlay district (ROD) implements various programs in the city's housing element by facilitating the development of a ROD project of residential-only or residential with limited nonresidential uses on select parcels with an existing institutional underlying base district designation that encourages:

A.

An infill development pattern that is compatible with surrounding neighborhoods;

B.

A compatible mix of uses including residential and supporting, but limited, commercial, institutional, or recreational land uses that co-locates residents with on-site amenities; and

C.

A diversity of single- and/or multi-family housing types in a residential-only or mixed-use configuration to increase housing choice and affordability.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

A.

Applicable parcels. The ROD is an overlay district applicable to parcels with an institutional underlying base district designation. The ROD shall only apply to the parcels identified in the residential overlay district map on file with the community development department. Any new development or projects that are an addition by increasing the square footage to an existing development on property within this overlay district shall comply with the provisions of this chapter.

B.

Relationship to the underlaying base district. The provisions of the underlying base district shall continue to apply to existing uses and development on a property; however, any new development or projects that are an addition by increasing the square footage to an existing development on a property within this overlay district shall comply with the provisions of this chapter.

C.

Relationship to overlay control districts. If applicable, the objective provisions of any overlay control districts shall continue to apply to a property unless specifically superseded by a ROD project when a property owner initiates provisions of this chapter. In the event that the provisions of any overlay control district are in conflict with provisions of this chapter, this chapter shall govern.

D.

Relationship to state density bonus law. A ROD project is eligible for a density bonus in accordance with Chapter 17.11 (affordable housing).

E.

Designation. The application of the ROD shall be signified by the designation of a "ROD" suffix following the base district designation on the official zoning map. For example, the use of the ROD in conjunction with the institutional district would be designated as "I-ROD."

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024; Ord. No. 697U, § 5(Exh. A), 3-3-2026)

A.

Ministerial approval. ROD projects for owner-occupied and rental multifamily residential uses where at least 20 percent of the units are affordable to lower income households, as determined by Government Code § 65589.5 and defined by Health and Safety Code § 50079.5, as may be amended from time to time, are eligible for ministerial approval. Projects that meet that affordability requirement, comply with the provisions of this chapter and do not require any of the approvals set forth in subsection B, shall be approved ministerially and are not subject to a conditional use permit, planned unit development permit, or other discretionary local government review or approval. The director shall approve an administrative permit to construct and operate a ROD project under this chapter if the application complies with the provisions of this chapter. ROD projects that do not meet the 20 percent affordability requirement must follow the conditional use permit application and approval process.

B.

Need for additional approvals. If an applicant requires approval of an application for a lot line adjustment, merger of parcels, or subdivision in conjunction with approval of an application pursuant to this chapter, a separate application shall proceed in accordance with Title 16, subdivisions.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

The objective provisions of Article VI (use and development standards) and Article III (institutional and cemetery districts) shall apply to all ROD projects. For exceptions to those provisions and application of additional standards, the development standards contained in this section shall also apply to all ROD projects. In the event that the provisions of Articles VI or III are in conflict with applicable provisions of this section, this section shall govern.

A.

Building standards.

1.

Residential density.

a.

Residential density standards shall be prescribed in Table 17.48.040(1) and this subsection.

b.

In calculating density, areas of extreme slope (35 percent or steeper) and/or areas which are determined unsuitable for development, based on submitted and approved geologic reports, shall be excluded.

c.

For all new development or projects that are an addition by increasing the square footage to an existing development in a ROD overlay, a minimum of 50 percent of the total gross floor area for the proposed new mixed-use project or addition shall be dedicated to residential uses.

d.

A project in the ROD may have up to 100 percent residential use of the total floor area of a project.

2.

Setbacks.

a.

The applicable objective provisions for setbacks of Section 17.48.030 (setbacks) and the underlying base district shall apply.

3.

Building height.

a.

The applicable objective provisions for building height of Section 17.48.050 (building height) with the following exceptions as prescribed in Table 17.48.040(2).

4.

Facade modulation and articulation.

a.

Facade break. Building facades with frontage along a street shall provide for the entirety of the wall plane a projection or recess of five feet in depth for every 50 to 100 feet of continuous horizonal length of building facade, as shown in Figure 17.48.040(1).

==> picture [307 x 184] intentionally omitted <==

Figure 17.48.040(1) Facade Break

b.

Blank facades. Blank building facades shall be prohibited. Building facades without the use of windows or doors shall not span a continuous horizontal length greater than 20 feet across any story, as shown in Figure 17.48.040(2).

==> picture [307 x 164] intentionally omitted <==

Figure 17.48.040(2) Blank Facades

c.

Facade modulation and articulation. Building facades facing a street shall incorporate at least one of the following design features for at least 25 percent of the facade area, as shown in Figure 17.48.040(3).

i.

Building step-backs, recesses/reliefs, and/or projections of at least 2 feet in depth,

ii.

Use of balconies, decks, porches, patios, and/or terraces, and/or

iii.

Use of awnings, lattices, louvers, and/or other shading devices as approved by the director.

==> picture [307 x 167] intentionally omitted <==

Figure 17.48.040(3) Facade Modulation and Articulation

5.

Ground floor.

a.

Ground floor building entries. Building facades with frontage along a street shall provide a minimum of one ground floor building entry per building facade. The building entry shall be visible from the street, be oriented towards the street, and provide a pedestrian walkway to the sidewalk along each abutting public right-of-way. Building entries with no frontage along a street shall be oriented towards common areas, such as courtyards, plazas, and paseos.

b.

Ground floor dwelling units. Each at-grade ground floor dwelling unit facing a street shall have its own ground floor building entry that is visible from the street, oriented towards the street, and provides a pedestrian walkway to the sidewalk along the street, as shown in Figure 17.48.040(4).

==> picture [307 x 217] intentionally omitted <==

Figure 17.48.040(4) Ground Floor Dwelling Units

c.

Ground floor facade treatment. Buildings of three or more stories in height shall incorporate one of the following design features along the building facade with frontage along a street, as shown in Figure 17.48.040(5).

i.

A change in facade color between the ground floor and the upper floors.

ii.

A change in facade material between the ground floor and the upper floors, where the ground floor is distinguished through the application of brick, stone, concrete masonry, or other distinct material as approved by the director.

iii.

Recess or projection of the upper floors from the ground floor of at least two feet in depth.

==> picture [307 x 186] intentionally omitted <==

Figure 17.48.040(5) Ground Floor Facade Treatment

6.

Transparency.

a.

Nonresidential. Each ground floor facade shall dedicate at minimum of 50 percent of the facade area to facade openings, such as windows or doors. The use of tinted, mirrored, or reflective glass is prohibited.

b.

Residential. Each ground floor facade shall dedicate a minimum of 25 percent of the facade area to facade openings, such as windows or doors. The use of tinted, mirrored, or reflective glass is prohibited.

B.

Open space standards.

1.

Private open space.

a.

Private open space standards shall be prescribed in Table 17.48.040(3) and in this subsection.

b.

Each dwelling unit shall provide at least one private open space that measures at least seven feet in length in any direction.

c.

Private open spaces shall be adjacent to and provide a private, usable area for each dwelling unit, and shall not include any portion of required setback area, off-street parking area, driveways, turnaround areas, loading area, storage area or any accessory building.

2.

Common open space.

a.

The applicable objective provisions for common open space of Section 17.42.040 (development standards, residential planned development) shall apply.

3.

Landscaping.

a.

The applicable objective provisions for landscaping of Chapter 15.34 (water efficient landscaping) shall apply.

4.

Fences, walls, and hedges.

a.

The applicable objective provisions for fences, walls, and hedges of Section 17.76.030 (fences, walls, and hedges) shall apply.

C.

Parking standards.

1.

Minimum parking.

a.

For single-family dwelling units, The applicable objective provisions for parking of Section 17.02.030 (development standards, single-family residential districts) shall apply.

b.

For multiple-family dwelling units, The applicable objective provisions for parking of Section 17.42.040 (development standards, residential planned development) shall apply, subject to the exceptions and additional standards in Table 17.48.040(4).

c.

For nonresidential uses, The applicable objective provisions for parking of Chapter 17.50 (nonresidential parking and loading standards) and the underlying base district shall apply.

2.

Screening.

a.

Screening. With the exception of single-family dwelling units, all parking areas, including at- grade surface parking and above-grade structured parking, facing a street or abutting a residential use shall be screened by landscaping, buildings, or other screening treatments, such as fencing or green walls, as approved by the director, so as not to be visible from the street or other uses on the site. Entry/exit openings, driveways, drive aisles, curb cuts, and access lanes for vehicular, fire, utilities, and pedestrian access are exempt from screening.

b.

Surface parking. With the exception of single-family dwelling units, at-grade surface parking shall be prohibited within the street setback, such that parking is located to the rear of the parcel or behind buildings.

D.

Site standards.

1.

Lot.

a.

The applicable objective provisions for lots of Section 17.48.020 (lot area and dimensions) shall apply.

2.

Access and circulation.

a.

In order of priority and subject to approval by the director and the city's traffic engineer, vehicular access shall be provided from (a) an alley, rear street, or perimeter drive aisle, (b) a side street, (c) an existing or relocated access point on a front street, or (d) a new access point on a front street.

3.

Slope and grading.

a.

The applicable objective provisions for slope and grading shall apply:

i.

Section 17.48.060 (extreme slope);

ii.

Section 17.76.040 (grading permit);

iii.

Section 17.76.060 (extreme slope permit); and

iv.

Section 17.76.130 (geologic investigation permit).

4.

Intersection visibility.

a.

The applicable objective provisions for intersection visibility of Section 17.48.070 (intersection visibility) shall apply.

5.

Exterior lighting.

a.

The applicable objective provisions for exterior lighting of Chapter 17.56 (environmental protection) shall apply.

Underground utilities.

a.

The applicable objective provisions for underground utilities of Section 17.54.020 (underground utilities) shall apply.

7.

Trash and recycling.

a.

The applicable objective provisions for trash and recycling of Section 17.54.030 (trash receptacle enclosures) and Section 17.58.030 (requirements and guidelines for collecting and loading of recyclable materials in development projects) shall apply.

8.

Mechanical equipment, storage areas, and loading docks.

a.

The applicable objective provisions for mechanical equipment, storage areas, and loading docks of Section 17.54.040 (screening of mechanical equipment, storage areas, and loading docks) shall apply.

Signs.

a.

The applicable objective provisions for signs of Chapter 17.75 (sign code) shall apply.

10.

Dedications, ROW improvements, and off-site improvements.

a.

The applicable objective provisions for dedications, ROW improvements, and off-site improvements of Chapter 17.52 (dedications, right-of-way improvements, and off-site improvements) shall apply.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024; Ord. No. 697U, § 5(Exh. A), 3-3-2026)

For properties not currently included in the ROD, the following provisions apply:

A.

A request for a ROD designation may be initiated by an application by a property owner made in accordance with the procedures identified in Chapter 17.68 (zone changes and code amendments).

B.

Application of the overlay district shall be consistent with the objectives of this chapter, the zoning ordinance, and general plan should be reasonably compatible with surrounding land uses, and promote the general health, safety and welfare.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024)

17.48.060. - Allowed land uses and permit requirements.

A.

Allowed uses and permit requirements in the ROD are listed in Table 17.48.060(1).

B.

A definition of each land use is listed in Chapter 17.96 (definitions).

C.

Uses not listed in Table 17.48.060(1) are not allowed and subject to Section 17.86.030 (prohibited uses).

D.

All nonconforming uses are subject to Chapter 17.84 (nonconformities).

Key

mental patients.

(Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-182024; Ord. No. 697U, § 5(Exh. A), 3-3-2026)

ARTICLE VI. - USE AND DEVELOPMENT STANDARDS

CHAPTER 17.49. - LOTS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT[[2]]

Footnotes:

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Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former Ch. 17.48, §§ 17.48.010—17.48.080 as Ch. 17.49, §§ 17.49.010—17.49.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

This chapter clarifies, amplifies and makes certain exceptions to district development standards pertaining to lot area and dimensions, setbacks, open space area and building height. This chapter also provides certain general development standards which apply to more than one zoning district.

(Code 1981, § 17.48.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.010 as § 17.49.010 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

No lot shall be created with, or reduced to an area or dimension, less than the minimum lot area and dimensions required in the respective base zoning district, except as provided in chapter 17.42 (Residential Planned Development). Existing lots which have an area or dimension less than the minimum required shall not be reduced in area or in the insufficient dimension.

B.

Lot width shall be the distance from side property line to side property line, measured at a point midway between the front and rear property lines, along a line parallel to a straight front property line or to a tangent

at the midpoint of a curved front property line.

C.

Lot depth shall be the distance from the midpoint of the front property line to the midpoint of the rear property line.

D.

For lots with no rear property line, lot depth shall be the distance from the midpoint of the front property line to the point where the side property lines intersect.

(Code 1981, § 17.48.020; Ord. No. 78(part), 1975; Ord. No. 158, § 1(part), 1982; Ord. No. 320, § 7(part), 1997)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.020 as § 17.49.020 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Except as otherwise provided in this chapter, no building, structure or portion of any building or structure, located under or above the ground, shall be constructed or extended closer to any street side, interior side, front or rear property line than the respective front, side or rear setback required in the district in which the property is located. On lots abutting a private street, setbacks shall be measured from the street easement line for measuring setbacks.

A.

Property line designation. The following methods for determining a property line designation (front, side, street side or rear) shall apply to all lots in the city. In cases of uncertainty, the director shall determine the appropriate property line designations. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures).

1.

Front. For interior lots, the front property line shall be that property line abutting the primary public or private street of access. For corner lots, the front property line shall be the shorter property line abutting the primary public or private street of access. For corner lots where the front and street side property lines intersect on a curve, the front property line shall begin and the street side property line shall end at the midpoint of the curve. For flag lots, the front property line shall be that property line which most nearly parallels the public or private street of access and which abuts the pole, not including the pole.

2.

Street side. For corner lots, any property line other than the front or rear property line which abuts the public or private right-of-way shall be a street side property line. For wedge or triangular shaped lots with a straight or curved front property line, no rear property line shall exist.

Rear. The rear property line shall be the property line opposite and most distant from the front property line.

4.

Interior side. An interior side property line shall be any property line which does not abut a public or private right-of-way and which is not a front or rear property line.

B.

Future right-of-way lines. If any future street right-of-way line has been established by plan adopted by the city council, this line shall be considered to be the property line for purposes of determining setbacks.

C.

Hillside setbacks.

1.

Front setbacks. Any lot having a grade of more than 25 percent, as measured from the curbline to a point midway between the side lot lines and over a distance of 50 feet from the front lot line, may have a front yard setback which is not less than 50 percent of the depth required for a front yard setback in the district in which said lot is located. Garages with driveways which directly access the street shall not be less than 20 feet from the front or street side property line.

2.

Side and rear setbacks. If the following conditions occur:

a.

There is a slope between building pads of adjoining lots held under separate ownership;

b.

The difference in vertical elevation between the top and the toe of the slope is six feet or more; and

c.

Unless alternate setbacks are approved by the building official, when the grade of the slope between the top and toe of an ascending slope is two feet horizontal to one foot vertical (2:1 or 50 percent) or greater, or the grade of a descending slope is three feet horizontal to one foot vertical (3:1 or 33 percent) or greater, then the following hillside setbacks shall apply:

i.

On the downslope lot, the minimum distance between the toe of the slope and any portion of the main building shall not be less than one-half the vertical height of the slope (as measured from toe to top of slope), with a minimum of three feet and a maximum of 15 feet; and

ii.

On the upslope lot, the minimum distance between the top of the slope and any portion of the main building shall not be less than five feet.

D.

Landscaping. In Single-Family Residential (RS) Districts, except for driveways, paved walkways and parking areas, all of the required front and street-side setback areas shall be landscaped. In Single-Family Residential (RS) Districts, driveways, paved walkways and parking areas shall not cover more than 50 percent of the required front or street-side setback areas. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping.

E.

Exceptions.

1.

Architectural features. Cornices, belt courses and other similar architectural features may project into the required setback area not more than four inches for each foot of the required setback, provided that no portion of such an architectural feature is located or projects below eight feet above grade; and provided, that there are no vertical supports or members within the required setback area.

2.

Garden windows and window coverings. Garden windows and window coverings, including retractable awnings, may project into the required interior side and rear year setback areas not more than four inches for each foot of the required setback, provided that there are no vertical supports within the required setback area.

3.

Roof eaves. Roof eaves may project into the required setback not more than six inches for each foot of the required setback; provided that there are no vertical supports within the required setback areas. Roof eaves shall not be calculated towards lot coverage as defined in section 17.02.040(A)(5).

4.

Fireplace chimneys. Chimneys may project two feet into any required setback.

5.

Minor structures and mechanical equipment. Trash enclosures, storage sheds or playhouses less than 120 square feet, doghouses, play/sports equipment, fountains, light fixtures on a standard or a pole, flagpoles, enclosed water heaters, barbecues, outdoor kitchens, garden walls, air conditioners, pool filters, vents and other minor structures or mechanical equipment shall not be located in any setback area in residential districts except as specified below:

a.

Minor structures and equipment less than six inches in height, as measured from adjacent finished grade, may be located in any required front, side or rear setback;

b.

Minor structures and mechanical equipment which exceed six inches in height, as measured from adjacent finished grade, may be permitted within an interior side or rear setback area by the director, through a site plan review application, unless the minor structure is a playhouse less than 120 square feet, a dog house, or play/sports equipment, then a site plan review application shall not be required; provided that no significant adverse impacts will result and provided that:

i.

Noise levels from mechanical equipment do not exceed 65 dBA as measured from the closest property line;

ii.

No part of any minor structure or mechanical equipment, exceeds six feet in height (as measured from adjacent finished grade);

iii.

If located within a rear setback area which abuts a public or private street, the minor structure or mechanical equipment is not visible from the public or private street;

iv.

No part of any mechanical equipment, including, but not limited to, pool/spa equipment and air conditioning/heating equipment, extends within three feet of the property line; and

v.

No part of any minor structure extends within three feet of the property line. However, minor structures (not mechanical equipment) may be allowed to abut the side or rear property line, provided that the minor structure:

(A)

Is placed adjacent to an existing solid wall;

(B)

Does not exceed the maximum height of the adjacent solid wall, up to a maximum of six feet;

(C)

Is less than 120 square feet in size; and

(D)

Is located a minimum of three feet from an adjacent structure, unless the structures are parallel and abutting each other, as determined by the director.

c.

The following minor structures shall be permitted within a front yard setback area provided that the minor structure does not exceed 42 inches in height, as measured from adjacent pre-construction grade:

i.

Balustrades and columns;

ii.

Light fixtures, including light fixtures attached to a standard, a pole or a column;

iii.

Fountains, provided that the fountain is within the maximum front yard landscape requirement and is not operated between the hours of midnight and 7:00 a.m.;

iv.

Ornamental ponds less than 18 inches deep; and

v.

Decorative landscape elements, including, but not limited to, rocks, boulders, raised planter beds, pilasters and statuary.

6.

Decks, walkways and paving. Decks, asphalt paving, concrete walkways or similar ground surfacing less than six inches in height (as measured from adjacent finished grade), shall not be subject to setback requirements. Decks (including any railing), six inches to 30 inches in height (as measured from adjacent finished grade),

may be permitted in any setback area upon determination by the director, through a site plan review application, that no significant adverse impacts will result.

7.

Swimming or ornamental pools. Swimming pools, spas, ornamental pools and any other body of water measuring 18 inches or more deep, may be located within an interior or rear yard setback, provided that no portion of said pool is located closer than three feet from the property line. Ornamental ponds less than 18 inches deep may be located within any required setback and may abut any property line.

8.

Foundations and footings. Below grade foundations and/or footings for above ground main buildings may be located in any setback, provided that no portion of the foundation or footing is located closer than three feet from the property line.

9.

Subterranean structures. Subterranean structures, including holding tanks, which are located entirely below grade shall not be extended any closer than half of the required setback to any property line or three feet from the property line, whichever is greater.

Fences, walls and hedges. Fences, walls and hedges may be permitted within any front, interior side, street side or rear yard setback pursuant to section 17.76.030 (Fences, Walls and Hedges).

F.

Easements. Setbacks from legal easements, other than street right-of-way easements, shall not be required. In addition to the appropriate review and approval by the city, no construction of any structure or improvement is allowed within a legal easement without written authorization from the legal holder of the easement. Such authorization shall be in a form that can be recorded and shall be reviewed by the city attorney.

G.

Garages. An applicant shall apply for a setback reduction through a variance application, as per chapter 17.64 (Variances), for converting a legally existing indirect access driveway to a direct access driveway, even in the case where no new square footage is to be added to the residence or garage.

(Code 1981, § 17.48.030; Ord. No. 78(part), 1975; Ord. No. 90, § 5(part), 1977; Ord. No. 158, §§ 1, 2, 1982; Ord. No. 194, § 9(part), 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 510, § 15, 6-29-2010; Ord. No. 529, § 11, 11-15-2011)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.030 as § 17.49.030 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

An open space area shall be provided on each lot with a residential structure. Open space area shall not include any portion of a lot or building site which is within the definition of lot coverage, as defined in section 17.02.040(A). Lot coverage shall not exceed the maximum area requirements established in the district development standards (see table 02-A in chapter 17.02). For purposes of calculating lot coverage, a private street easement area shall not be considered a part of the lot area. For flag lots, the pole portion of any flag lot that is encumbered by an access easement benefiting another property shall not be considered a part of the lot area. In no case shall any hardscape or other improvements within a private street easement or a flaglot pole that is encumbered by an access easement be counted as lot coverage. In multiple-family residential units, private outdoor decks and balconies with one minimum horizontal dimension of seven feet which are designated for the exclusive use of the occupants of an individual unit may comprise up to 30 percent of required open space.

(Code 1981, § 17.48.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 355, § 9, 2000; Ord. No. 510, § 10, 6-29-2010)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.040 as § 17.49.040 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

No portion of any building or structure shall exceed the maximum building height listed in the district development standards except as follows:

1.

Antennas and satellite dishes and associated screening pursuant to section 17.76.020 (Antennas) of this Code.

2.

In nonresidential zoning districts, penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, dormers, towers, church steeples, flagpoles, silos, water tanks or similar structures, upon determination by the director through a site plan review application, that the roof equipment or structures:

a.

Will not exceed the maximum ridgeline of the existing structure;

b.

May be erected above the height limits prescribed in this section pursuant to the requirements of the building code; and

c.

Will not cause significant view impairment from adjacent property.

No penthouse, roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space.

3.

In residential zoning districts, skylights and vents/ducts required by the California Building Code, may exceed the height limits prescribed in this chapter, upon determination by the director, through a site plan review application, that the skylights and/or vents/ducts will not exceed the maximum ridgeline or the existing residence and will not cause a significant view impairment from adjacent property, as defined in chapter 17.02 (Single-Family Residential (RS) Districts). Chimneys, attached to the main residence or to an accessory structure, which can be safely erected and maintained at a height that exceeds the maximum ridgeline of the structure to which it is attached, may be approved by the director, provided that they do not exceed the minimum height requirements of the building code as determined by the building official.

B.

Any roof mounted equipment and/or architectural features, excluding renewable energy systems such as photovoltaic systems (solar panels) and/or solar water heating systems, which are addressed in section 17.83.050 of this title, that exceed the maximum building height listed in the district development standards and do not meet the review criteria listed in section 17.48.050(A) of this chapter may be permitted upon

determination by the planning commission, through a site plan review application, that the equipment and/or features:

1.

May be erected above the height limits pursuant to the requirements of the building code; and

2.

Will not cause significant view impairment from adjacent property, as defined in section 17.02 (Single-Family Residential Districts).

C.

Notification of a site plan review application to the planning commission shall be given to the owners of all parcels located adjacent to the parcel on which the proposed roof-mounted equipment and/or architectural feature is located. Notification shall also include all parcels which are located directly across any public or private right-of-way from the subject parcel. Notification shall be done using the last-known county assessor tax roll. Upon approval by the planning commission of any structure or architectural feature pursuant to subsection (B) of this section, the director shall provide written notice of that decision pursuant to section 17.80.040 (Hearing notice and appeal procedures) of this title. Notice of denial shall be given to the applicant. Any interested person may appeal the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

D.

Accessory structures. Decks, playhouses, treehouses, detached garages, pools or bathhouses, dressing rooms, saunas, jacuzzi and pool enclosures, gazebos, flagpoles, stand-alone chimneys or any structures or buildings which are physically detached and incidental to the use of the main building are considered accessory structures. Such accessory structures shall be limited to 12 feet in height, as measured from the lowest preconstruction grade adjacent to the foundation wall to the ridge. Treehouses shall be measured from the lowest base of the tree to the roof ridge or railing, whichever is higher. In cases of uncertainty, the director shall determine whether a structure is detached and incidental to the use of the primary structure. The director's decision may be appealed to the planning commission, and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures). Upon a finding by the director that a detached garage, stand-alone chimney, treehouse, or a flagpole will have no significant impact on views from adjacent properties, the garage, standalone chimney, treehouse, or flagpole may be exempted from the 12-foot height limitation, but shall comply with any other height limitations of this Code.

(Code 1981, § 17.48.050; Ord. No. 78(part), 1975; Ord. No. 90, § 5(part), 1977; Ord. No. 119, § 1, 1979; Ord. No. 150, § 14, 1982; Ord. No. 166, §§ 6, 7, 1983; Ord. No. 226, §§ 8, 9, 1988; Ord. No. 320, § 7(part), 1997; Ord. No. 481, §§ 12, 13, 2008; Ord. No. 529, §§ 12, 13, 11-15-2011; Ord. No. 655, § 3, 12-7-2021)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.050 as § 17.49.050 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

17.49.060. - Extreme slope.

No development or construction of any structure shall be allowed on any extreme slope (grade of 35 percent or greater), except as follows:

A.

Trash enclosures, enclosed mechanical equipment or pool equipment located within an area of less than 50 square feet, provided that the structures and/or equipment are not located more than six feet from the top or toe of the slope and are adequately screened from view from adjacent properties and the public right-of-way to the satisfaction of the director;

B.

Structures and improvements allowed pursuant to section 17.76.060 (Extreme Slope Permit);

C.

Satellite dish antennas allowed pursuant to section 17.76.020 (Antennas);

D.

Grading and retaining walls allowed pursuant to section 17.76.040 (Grading Permit);

E.

Fences, walls and hedges allowed pursuant to section 17.76.030 (Fences, Walls and Hedges);

F.

At grade steps or stairs less than six inches in height, as measured from adjacent existing grade; and

G.

Construction of new residences (including habitable and non-habitable space) on previously undeveloped, recorded and legally subdivided lots existing as of November 25, 1975, or if within Eastview, existing as of January 5, 1983, which are not currently zoned open space/hazard, if the director or planning commission finds that such construction, as conditioned, will not threaten the public health, safety and welfare, provided that such structures are consistent with the permitted and uses and development standards for the underlying zoning designations of the lots.

H.

Renewable energy systems (photovoltaic and solar water heating) pursuant to section 17.83.050 (Application Procedures for Renewable Energy Systems (photovoltaic and solar water heating)).

(Code 1981, § 17.48.060; Ord. No. 194, § 9(part), 1985; Ord. No. 226, § 10, 1988; Ord. No. 320, § 7(part), 1997; Ord. No. 463, § 11, 2007; Ord. No. 481, § 14, 2008)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.060 as § 17.49.060 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

On corner lots located at the intersection of two or more highways, streets or common driveways or combinations thereof, in all districts, no fence, wall, hedge, sign, structure, shrubbery, mound of earth or other visual obstruction over 30 inches in height, as measured from the adjacent street curb elevation, shall be erected, placed, planted or allowed to grow within the triangular space referred to as the "intersection visibility triangle." The intersection visibility triangle shall be the area formed by the intersection of extended curblines and a line joining points on the curb 60 feet (measured along the curblines) from the point of intersection of the curbline extensions.

A.

In districts where the required front or street-side setbacks allow a building to be constructed within the intersection visibility triangle, fences, walls, structures or shrubbery may be allowed to exceed the prescribed height limit, if they are setback from the property line a distance equal to the setback of the allowed building.

B.

Trees located within the intersection visibility triangle which are trimmed to the trunk up to a minimum branch height of six feet above the adjacent street curb elevation are exempt from these regulations.

C.

The intersection visibility triangle shall be shown on all landscaping plans, grading plans and tentative tract maps for related intersections when required by the director. In cases where an intersection is located on a vertical curve, a profile of the sight line may also be required by the director. Any landscape plan submitted shall show the common name, locations and mature dimensions plotted to scale of all proposed trees, shrubs and plants within the intersection visibility triangle.

D.

Proposed improvements or structures which exceed the 30 inches height limit may be permitted in the intersection visibility triangle by the director through a site plan review application, upon determination by the director of public works that the location and/or height of the existing or proposed structure within the intersection visibility triangle allows for the safe view of oncoming traffic by a driver approaching an intersection, and thus no intersection visibility impacts would result. Upon approval of any such structure or improvement, the director shall provide written notice of the decision pursuant to section 17.80.040 (Notice of decision by director) of this title. Notice of denial shall be given to the applicant. Any interested person may appeal the director's decision to the planning commission pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title, and the planning commission's decision may be appealed to the city council.

(Code 1981, § 17.48.070; Ord. No. 132, § 3(part), 1980; Ord. No. 175, § 18, 1983; amended during 11-97 supplement; Ord. No. 320, § 7(part), 1997; Ord. No. 540, § 5, 11-20-2012)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.070 as § 17.49.070 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

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

Treehouse means a structure, including, but not limited, to a playhouse or decks with or without vertical supports in or on top of the ground, built among the branches of a tree, or which is built around or against a tree.

B.

Treehouses up to 64 square feet with the floor of the treehouse less than eight feet above adjacent grade and with a roof ridge not to exceed 12 feet above adjacent grade, as measured from the lowest base of the tree, will be exempt from subsection (C) of this section.

C.

Treehouses exceeding 64 square feet located on trees are allowed in single-family residential zoning districts through a site plan review application, provided that the treehouse meets all the following requirements:

1.

It does not exceed 120 square feet with no more than one treehouse per half acre.

2.

It has no electrical or plumbing connections.

3.

It complies with the required setbacks and accessory structure height standards for the designated zoning district.

4.

It will not have a significant impact on views from adjacent properties per section 17.02.040 or from public viewing areas identified in the city's general plan or coastal specific plan and will not create an unreasonable infringement of privacy on the occupants of abutting residences. A silhouette may be required to conduct a view impact and/or privacy assessment at the discretion of the director.

(Ord. No. 655, § 3, 12-7-2021)

Editor's note— Ord. No. 678U, § 4(Att. B), adopted April 16, 2024, renumbered the former § 17.48.080 as § 17.49.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

CHAPTER 17.50. - NONRESIDENTIAL PARKING AND LOADING STANDARDS

This chapter ensures the provision of adequate off-street parking facilities in conjunction with any nonresidential use or development. These standards should be considered the minimum required to preserve the public health, safety and welfare, and more extensive parking provisions may be warranted in particular circumstances.

(Code 1981, § 17.50.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Parking shall be provided in accordance with the list of uses under this section. Where the standards result in a fraction, the next larger whole number shall be the number of spaces required. For additions to existing developments, the increased parking requirement shall be based only on the addition. A minimum of two spaces shall be provided for any use or development regardless of the size or scope of the use or development. If the specific use is not listed in the following table 50-A, the parking requirements listed in table 12-A of chapter 17.12 (Commercial Districts) shall apply. Disabled parking shall be provided in accordance with the current state amended California Building Code. The number of disabled parking spaces required by the current state amended California Building Code shall constitute a portion of the total parking required under this section.

Table 50-A

(Code 1981, § 17.50.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

---

17.50.030. - Joint use and common parking facilities.

The planning commission may permit the joint use of parking facilities to meet the standards for certain uses under the following conditions:

A.

Up to one-half of the parking facilities required for a primarily daytime use may be used to meet the

requirements of a primarily nighttime use and up to one-half of the parking facilities required for a primarily nighttime use may be used to meet the requirements of a primarily daytime use, provided that such reciprocal parking arrangement shall comply with subsection (C) of this section.

B.

The parking facilities required for a primarily daytime use or for specific days of use may be used to satisfy up to 50 percent of the requirements for a church or school auditorium subject to requirements set forth in subsection (C) of this section.

C.

The parties concerned shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use is proposed and shall evidence agreement for such use by a proper legal instrument to which the city is a party.

D.

The planning commission may reduce parking requirements for common parking facilities in shopping centers or other commercial areas where a parking lot with common access and joint use is provided, if a parking demand study that justifies any proposed deviation from the parking requirements listed under table 50-A of this chapter is submitted and approved by the city.

(Code 1981, § 17.50.030; Ord. No. 78(part), 1975; Ord. No. 90, § 5(part), 1977; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 14, 11-15-2011)

The following development standards shall apply to all parking areas with six or more spaces:

A.

Parking lot permit. Anyone constructing a parking lot containing six stalls or more, whether separate or in conjunction with a structure, shall obtain a parking lot permit as per section 17.76.010 (Parking Lot Permit).

B.

Transportation demand management parking requirements. New nonresidential developments shall be subject to the applicable transportation demand management parking requirements specified in section 10.28.030 (Transportation Demand Management and Trip Reduction Measures) of this Code.

C.

Location.

1.

Required parking facilities shall be on the same lot as the structure they are intended to serve; except, that with proper legal agreement, the planning commission may approve parking on a separate lot. For sleeping or boarding facilities, including rest homes, dormitories, hotels and motels, the required parking shall be within 150 feet of the building it is to serve. For all other uses, the required parking shall be within 300 feet of the building it is to serve. The above distances are to be measured along a legal and safe pedestrian path from the parking space to the nearest entrance of the building or use for which the parking is required.

2.

The required parking spaces may be located in interior side and rear setbacks. No parking space, either required or otherwise, shall be located in any required front or street-side setback area, unless the base zoning district regulations provide otherwise.

D.

Access. There shall be a minimum ten-foot-wide, four-inch-thick concrete, slab vehicular accessway from a public street or alley to off-street parking facilities. Such accessway shall be designed to specifications approved by the director of public works.

E.

Screening.

1.

Where a parking area abuts a residential district, the parking area and residential district shall be separated by a solid masonry wall not less than five feet in height; except, that this wall shall be 42 inches in height where it is in prolongation of the front setback area of an abutting residential use or district. The planning commission may waive this requirement if additional setback and screening planting or landscaped berms are to be provided.

2.

Where a parking area is across the street from a residential district, there shall be a border of appropriate landscaping not less than ten feet in width, measured from the street right-of-way line, along the street frontage.

F.

Layout and paving.

1.

Parking areas shall provide for a 25-foot outside turning radius within the facility and a 30-foot outside turning radius into public alleys.

2.

Parking spaces shall be arranged so that vehicles need not back onto or across any public sidewalk.

3.

Off-street parking facilities shall be designed so that a vehicle within a parking facility shall not be required to enter a street to move from one location to any other location within that parking facility. Separate noncontiguous parking facilities may be provided with independent entrances for employees and visitor parking, provided the designated use of each lot is clearly identified on proposed plans and at the entrances to each lot.

4.

No dead-end parking aisles serving more than five stalls shall be permitted, unless the aisle is provided with a turnaround area installed in a manner meeting the approval of the director.

5.

Bumpers, tire stops or any other device deemed appropriate by the director, shall be provided along all pedestrian ways, access or street or alley adjacent to any off-street parking area except where screening is located.

6.

All parking areas shall be surfaced with asphaltic or cement concrete paving which is at least three inches thick.

7.

Standard parking stalls shall be designed in accordance with the standards and dimensions specified in the parking lot layout diagrams and tables contained in exhibit 50-A of this section. All parking stalls shall be clearly marked with lines, and access lanes shall be clearly defined with directional arrows to guide traffic. The appropriate parking lot striping, including whether parking stalls shall be single or double striped, as shown in the diagram contained in exhibit 50-B of this section titled "standard parking stall striping", shall be determined by the director. Except for parallel parking stalls, standard parking stalls shall be a minimum of nine feet (width) by 20 feet (depth) in area. Parallel parking stalls shall be a minimum of 26 feet in depth. Compact stalls shall be a minimum of eight feet (width) by 15 feet (depth) in area and shall not exceed 20 percent of the total number of approved spaces, unless a different size stall is authorized or required by the director or planning commission. Compact stalls shall be marked for compact use only.

8.

All off-street parking spaces shall be clearly outlined with lines either painted on the pavement or indicated with special paving materials on the surface of the parking facility.

9.

Parking aisle widths shall be in accordance with the dimensions and standards specified in the parking lot layout diagrams contained in exhibit 50-A of this section. Deviations from the diagrams' standards may be approved by the director, if it is demonstrated to the satisfaction of the director of public works that alternative dimensions and standards will not result in adverse parking lot traffic circulation impacts.

10.

Disabled parking spaces shall be in accordance with the dimensions and specifications of the California Building Code.

G.

Landscaping.

1.

A landscaped planter bed of at least five feet in width shall be installed along the entire parking lot perimeter except for those areas devoted to perpendicular accessways.

2.

A minimum of five percent of the paved parking area shall be devoted to interior planting areas. The extensive use of trees is encouraged to the extent that the trees do not significantly impair views from surrounding properties. All planting areas shall be at least three feet wide. Perimeter planting shall not be considered part of this required interior planting.

3.

Where topography and grading permit, parking lots shall be depressed and/or screened from view by landscaped berms and hedges. Where this is impractical, the use of decorative screening walls and hedges

shall be provided.

4.

Where trees already exist on the property, the design shall make the best use of this growth and shade. Such trees shall be protected by a tree well with a diameter sufficient to ensure their continued growth. The five percent interior lot area landscaping standard included in this chapter may be reduced to compensate for the retention of such trees.

5.

Planting areas shall be distributed throughout the lot as evenly as possible, but variations from this pattern may be granted by the staff when a different pattern would result in the overall aesthetic improvement of the project. Innovation in design and materials is encouraged.

6.

Wherever a center divider separates parking stalls facing each other, tree wells shall be established not more than 50 feet apart for large trees (exceeding 20 feet spread at maturity), or not more than 30 feet for small and medium-sized trees.

7.

A full-coverage, permanent irrigation system shall be installed. Hose bibs shall be located at not less than 200-foot intervals to allow for reinforcement of the system by hose watering.

8.

All plantings shall be maintained free of debris and in conformity with the accepted practices for landscape maintenance.

9.

A six-inch-high cement concrete curb shall be constructed at the edge of all landscaped areas.

H.

Drainage and lighting.

1.

All drainage from parking areas for six or more cars shall be taken to a public street, alley, storm drain or natural drainage course to the satisfaction of the director of public works and shall not pass over any public sidewalk.

2.

Lighting provided to illuminate a parking area shall be hooded and arranged and controlled so as not to cause a nuisance either to highway traffic or to adjacent properties; and a lighting plan shall be provided as per chapter 17.56 (Environmental Protection) of this title.

I.

Seasonal or peak parking areas. With the approval of the planning commission, the above development standards may be waived or conditionally waived for a portion of the required parking spaces where:

1.

The applicant can show what portion of the required spaces are required only on a periodic basis, such as seasonal or once a week;

2.

The parking area is planted in turf of a wear-resistant type; and

3.

Provision is made for irrigation and maintenance of the turf.

J.

Signs. The provisions of section 17.75.040 (Sign Permit) shall apply.

K.

Usability. The required off-street parking facilities shall not be used for any purpose other than as required by this chapter. Unless otherwise provided by an approved conditional use permit, no owner or tenant shall lease, rent or otherwise make such required parking available to any person who does not occupy the premises for which the parking is required.

(Code 1981, § 17.50.040; Ord. No. 78(part), 1975; Ord. No. 194, § 11, 1985; Ord. No. 320, § 7(part), 1997)

The following off-street loading spaces shall be provided and maintained for all institutional and commercial uses other than office buildings. The loading spaces shall be not less than ten feet in width, 20 feet in length, and with 14 feet of vertical clearance.

A.

Loading spaces required per total square feet of building space (gross floor area).

B.

When the lot upon which loading spaces are located abuts an alley, such spaces shall have access from the alley. The length of the loading space may be measured perpendicular to or parallel with the alley. Where such loading area is parallel with the alley and said lot is 50 feet or less in width, the loading area shall extend across the full width of the lot. The length of a loading area need not exceed 50 feet for any two spaces.

C.

Loading space required by this title may occupy a required rear or interior side setback, but not a required front or street side setback. Where the loading is permitted in a setback, said setback may be used in calculating the area required for loading, providing that there be no more than one entry or exit per 60 feet of lot frontage or fraction thereof.

D.

All loading spaces shall be separate, striped spaces in addition to the required parking spaces and shall not be located within a required parking lot driveway, backout space or aisle; except, that for commercial buildings with a gross floor area of less than 15,000 square feet, the loading space may be located within a parking lot driveway, back-out space or aisle.

E.

No loading space shall be located on a dead-end driveway, accessway, aisle or alley unless a turn-around circle with a minimum radius of 90 feet is provided adjacent to the loading space.

==> picture [425 x 547] intentionally omitted <==

==> picture [331 x 430] intentionally omitted <==

(Code 1981, § 17.50.050; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.52. - DEDICATIONS, RIGHT-OF-WAY IMPROVEMENTS, AND OFF-SITE IMPROVEMENTS

This chapter ensures dedication of street rights-of-way and the provision of all right-of-way improvements and off-site improvements, to the extent permitted by law, which are necessary and lacking along the street frontage of any lot, at the time of any construction on the lot. Such dedications and off-site improvements, as supported by the findings contained in this chapter and by individual findings when specified herein, are deemed to be reasonably necessary to meet the burdens created by the development and to ensure public safety in access to, and use of, the facilities being constructed.

(Code 1981, § 17.52.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The necessary dedications and improvements, as described in this chapter, shall be dedicated, provided or their provision guaranteed by bond, cash deposit or other security acceptable to the director of public works,

by the property owner prior to issuance of a certificate of occupancy for any new building or for any addition to an existing building which adds 25 percent or more to the building's gross floor area. Additions to singlefamily residential buildings are exempted from the requirements of this chapter. The provision of right-of-way and off-site improvements may also be a condition of a conditional use permit or variance regardless of whether construction requiring a building permit is involved.

(Code 1981, § 17.52.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

The developer shall dedicate the full width of any abutting street right-of-way wherever the existing right-ofway is less than that indicated in the city's general plan or less than the city standard for the street classification, as specified in the city's street standards study report, provided the director of public works makes an individualized determination based upon the proposed project that both of the following elements are satisfied:

1.

The type and extent of the required dedication is reasonably necessary to meet the burdens created by the development, based on traffic to be generated by the development and the nature and quantity of other public burdens created by the development that relate to the need for the dedication; and

2.

There is not a less extensive dedication that would serve the public needs created by the development.

B.

In situations where the findings specified in subsection (A) of this section cannot be made, the required dedication shall be reduced in scale so that the extent of the dedication is reasonably necessary to meet the burdens created by the development. In situations where the findings specified in subsection (A) of this section can be made, the required dedication shall provide for a continuous right-of-way line at the location necessary for the full width right-of-way.

(Code 1981, § 17.52.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The following right-of-way improvements and off-site improvements shall, unless existing in an acceptable condition as determined by the director of public works, be provided per city standards and specifications, as filed with the director of public works, or their provision is guaranteed by the applicant in accordance with section 17.52.020 of this chapter:

A.

Street or alley paving. Street or alley paving or repaving, not to exceed the area from the centerline to the curb for the length of the lot frontage. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

The impacts of construction vehicles coming to and from the site;

2.

The anticipated traffic generated by the project once completed; and

3.

The project's proportional traffic impact on area roadways.

B.

Sidewalks. Sidewalks, where required by the director of public works, based on the city's street standards study report, not to exceed the length of the lot frontage, or the total length of the front and street-side property lines for corner lots. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1.

The need to provide safe pedestrian access to and from the adjacent properties and the site;

2.

The need, from the perspective of safety, to separate pedestrian traffic from vehicular traffic coming to and from the site; and

3.

The increase in pedestrian traffic generated by the proposed development.

C.

Curbs and gutters. Curbs and gutters, where required by the director of public works, based on the city's street standards study report, not to exceed the length of the lot frontage, or the total length of the front and street-side property lines for corner lots. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1.

The increase in impervious coverage on the property created by the development;

2.

The need to protect down-stream properties from uncontrolled runoff from the site; and

3.

The need to protect vehicles and pedestrians coming to and from the site from uncontrolled and unchanneled stormwater runoff from the site.

D.

Street trees. Street trees, 15-gallon can minimum size (unless a smaller size is specified by the city) at the spacing standards established by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1.

The reduction in existing landscaping and/or open space and natural vegetation on the site;

2.

The need to reduce the aesthetic impacts of the proposed development on the existing streetscape design; and

3.

The need to screen the proposed development from the street.

E.

Ornamental streetlights. Ornamental streetlights, in accordance with the type and spacing requirements designated for the particular street by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1.

The need created by the development to provide safe pedestrian and vehicular access to and from the site at night;

2.

The need to reduce the risk of increased crime to and from persons coming onto the site at night or in early morning hours; and

3.

The need to mitigate the aesthetic impacts of the project by providing for consistency and compatibility with surrounding developments and streetscape design.

F.

Sewer and drainage facilities. Sewer and drainage facilities, as required by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1.

The increase in sewage and/or stormwater runoff generated by the development; and

2.

The need created by the development to provide safe and proper disposal of sewage and stormwater runoff from the site to protect the subject property and surrounding properties.

(Code 1981, § 17.52.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Any applicant for a project subject to the requirements of this chapter may request that the city make additional findings regarding the need for the dedication or improvements required by this chapter or request a reduction in, or the alteration or elimination of, the requirement in accordance with the provisions of this section.

A.

Time for request and fee. A request pursuant to this section shall be made prior to or at the hearing on the related land use approval. If no hearing is required for the land use approval, the request shall be made no later than ten days after the city has informed the applicant of the imposition of the condition or planned imposition of a requirement under this chapter. The request shall be in writing, shall be filed with the director of public works, and shall be accompanied by a processing fee in an amount established by resolution of the city council.

B.

Hearing, notice and determination.

1.

Reviewing body and notice. Where there is a related land use approval requiring a hearing, the request shall be considered by the applicable reviewing body at the time of that hearing. Where there is no related land use approval requiring a hearing, upon receipt of a properly completed request under this section, the director of public works shall set the matter for public hearing before the director and notice that hearing in accordance with the noticing requirements specified in section 17.80.090 (Notice of Hearing).

2.

Criteria for determination. The reviewing body or the director of public works, whichever is applicable under subsection (B)(1) of this section shall, based upon information provided by staff, determine whether the challenged dedication or improvement (requirement) is reasonably related in nature (type) and extent (degree and amount) to the likely impacts of the proposed development project. If the reviewing body or the director of public works determines that the requirement is reasonably related in nature and extent to the likely impacts of the proposed development project, the reviewing body shall affirm the requirement. If the reviewing body or the director of public works determines the requirement is not related in nature (type) to the impacts of the proposed project, the requirement shall be eliminated with respect to that project. If the reviewing body or the director of public works determines that the extent (degree or amount) of the requirement is not reasonably related to the impact of the proposed project, the reviewing body or director of public works shall adjust the dedication or improvement requirement as necessary to ensure a reasonable relationship between the requirement and the project's impacts on the need for that requirement.

C.

Appeal to planning commission or city council. Any interested person may appeal a determination of the director of public works to the planning commission in accordance with the procedures specified in section 17.80.050 (Appeal to Planning Commission). The planning commission's determination may be appealed to the city council in accordance with the procedures specified in section 17.80.070 (Appeal to city council). Any appeal must state the reason for the appeal and be accompanied by an appeal processing fee in an amount established by resolution of the city council. A decision of the city council on such matter shall be final.

(Code 1981, § 17.52.050; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.54. - UNDERGROUND UTILITIES AND VISUAL SCREENING

This chapter ensures that, in conjunction with new developments, all utility service lines are placed underground and that certain areas and types of equipment are screened from public view. The provisions of this chapter are deemed necessary for the protection of property values and the general welfare.

(Code 1981, § 17.54.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

All utility lines installed to serve new construction shall be placed underground from an existing power pole or other point of connection off-site. The planning commission and/or city council may waive the requirements of this section if the nature of the development makes such installations unreasonable or if there are existing overhead lines and the underground location is not consistent with a likely future utility undergrounding project. For any addition to an existing building which adds at least 25 percent to the building's gross floor area, the existing utility service lines to the building shall be placed underground prior to issuance of a certificate of occupancy for the addition. Additions to single-family residential buildings are exempted.

B.

Underground cable television shall be installed in all new, multiple-family, residential planned developments and single-family subdivisions.

(Code 1981, § 17.54.020; Ord. No. 78(part), 1975; Ord. No. 166, § 9, 1983; Ord. No. 320, § 7(part), 1997)

A trash receptacle enclosure shall be provided for all developments except single-family residential developments. Existing developments shall provide such enclosures within 180 days after notification by the director. Such enclosure shall be built to city specifications as filed with the director of public works and shall be of a size capable of holding the number of trash receptacles required to adequately serve the development, as estimated by the director of public works. Any receptacle, dumpster or container used for

the collection and/or storage of recyclable materials such as paper, cardboard, glass, plastic or cans, shall be designed and maintained in accordance with the guidelines and specifications described in section 17.58.030 (Requirements and Guidelines for Collecting and Loading of Recyclable Materials in Development Projects).

(Code 1981, § 17.54.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

All mechanical equipment, such as air conditioners, heaters and exposed ducting and plumbing, and all outside storage areas and loading docks shall be screened from view of public areas, public streets and affected properties. The design of proposed screening devices shall be approved by the director. Such screening shall not significantly impair views as set forth in section 17.02.040 (View preservation and restoration). The minimum distance between the screening and the equipment shall be according to the manufacturer's specifications. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealable to city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title. For any addition to an existing building which adds at least 25 percent to the building's gross floor area, all existing mechanical equipment and existing storage areas and loading docks shall be so screened. Additions to single-family residential buildings are exempted. Such screening shall be accomplished prior to issuance of a certificate of occupancy for any building or addition. In appropriate circumstances, the director may approve an alternative method of reducing the visual impact in lieu of providing screening.

(Code 1981, § 17.54.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.56. - ENVIRONMENTAL PROTECTION

This chapter protects properties and persons from environmental nuisances and hazards and sets tolerance levels for adverse environmental effects created by any use or development of land.

(Code 1981, § 17.56.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.56.020. - Conduct of construction and landscaping activities.

A.

Dust control. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. It is unlawful to cause or allow airborne dust or particles to leave a property and settle on, or otherwise significantly impact in any way, surrounding properties. Dry sand-blasting shall be prohibited. Only wet sand-blasting methods which meet the standards of the Southern California Air Quality Management District (SCAQMD) shall be utilized.

B.

Hours of operation. It is unlawful to carry on construction grading or landscaping activities or to operate heavy equipment except between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and between 9:00 a.m. to 5:00 p.m. on Saturday. No such activity shall be permitted on Sunday or the legal holidays listed in section 17.96.920 (Holiday, Legal) of this Code, unless a special construction permit is obtained from the director. Said special construction permit must be requested at least 48 hours before such work is to begin. Emergency work, as defined in section 17.96.630 (Emergency Work), and typical residential activities, such as lawn mowing, gardening (without the use of weed and debris blowers), and minor home repair/maintenance,

shall be exempted from these time and day restrictions. The hours of operation for weed and debris blowers are specified in chapter 8.16 (Weed and Debris Blowers) of this Code.

C.

Temporary construction fencing. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in section 17.96.710 (Fence, temporary construction). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. Once erected, temporary construction fencing shall be subject to the following standards and conditions:

1.

The temporary construction fencing shall surround all safety hazards, as required by the building official, and shall prevent unauthorized entry to the subject parcel;

2.

During construction, the subject temporary fencing shall be maintained in a condition that is consistent with the city's property maintenance standards described in chapter 8.24 (Property Maintenance) of this Code; and

3.

Temporary construction fencing shall be maintained in a condition that is consistent with the city's property maintenance standards, which are set forth in chapter 8.24 (Property Maintenance), and shall be removed, unless such removal would create a safety hazard, as determined by the director or the city's building official, within 30 days of the following occurrences:

a.

The expiration or withdrawal of the building/grading permit for development of the fenced parcel; or

b.

Issuance of the final building/grading permit approval or certificate of occupancy for the development of the fenced parcel.

4.

If temporary construction fencing is determined by the director or the city's building official to be necessary to protect against a safety hazard or attractive nuisance, the temporary fencing may be erected for a period of 180 days or for a longer period, as permitted by the building official until the hazard or nuisance is abated, after which the property owner shall either remove the temporary fencing or replace the temporary fencing with permanent fencing.

D.

Construction site maintenance. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the city's building official. All construction waste and debris resulting from a

construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the city's building official. Trash dumpsters placed in the public right-of-way shall require prior approval from the city's department of public works.

E.

Construction-related cargo containers. Cargo containers may be used in any zone for temporary storage in conjunction with construction allowed through an active building permit, provided that the city's building official determines that the active building permit warrants the use of a cargo container for temporary storage and is needed to facilitate construction. For purposes of this section, an active building permit shall mean a building permit that has not expired, has not been revoked, and has not been finaled. In the event that an active building permit is finaled, revoked, or expired, any cargo containers used for temporary storage shall be removed from the property within ten calendar days of said expiration, revocation, or finalization. The number and location of cargo containers on construction sites shall be subject to the approval of the city's building official and shall be placed in a location that will minimize disturbance to the surrounding property owners to the satisfaction of the city's building official.

F.

Construction vehicles. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 a.m. Monday through Friday and before 9:00 a.m. on Saturday, in accordance with the permitted hours of construction stated in subsection B of this section. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official.

(Code 1981, § 17.56.020; Ord. No. 555, § 5, 2-4-2014)

17.56.030. - Outdoor lighting for residential uses.

No outdoor lighting shall hereafter be installed or used in the single-family residential (RS) or multiple-family residential (RM) zones, except in accordance with the provisions of this section.

A.

Except as hereinafter provided, no outdoor lighting shall be permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. Individual, nonreflective light bulbs, not exceeding 2,200 lumens each, or an aggregate of 16,000 lumens for each lot or parcel shall be permitted. On lots exceeding 15,000 square feet, an additional 1,600 lumens in the aggregate shall be permitted for each 1,500 square feet of area or major fraction thereof, by which the lot or parcel exceeds 15,000 square feet, provided that in no event shall the aggregate exceed 32,000 lumens. As used herein, the term "lumen" is irrespective of the voltage.

B.

No outdoor lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten feet above grade.

C.

Notwithstanding the requirements of this section, outdoor lighting may be installed and used in a manner not permitted by this section upon the issuance of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits).

(Code 1981, § 17.56.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 667, § 2, 11-1-2022)

A.

In order to protect the semi-rural character of the city and reduce excessive glare, light trespass, or overlighting, no outdoor lighting shall be installed in any nonresidential district, including city parks and city facilities, except in accordance with the provisions of this section.

B.

Prior to installation of any new lighting, a lighting plan shall be reviewed and approved by the director. Said lighting plan shall include a photometric plan identifying the areas designed and intended for lighting and indicating the maximum illumination levels of less than a 0.01 footcandle at all property lines. Additionally, the lighting plan shall provide lighting descriptions, including manufacturers catalog specifications, for all proposed light fixtures, lamps and poles. The lighting plan shall be prepared by a lighting contractor, and shall include the location, height, number of lights on the entire property, lumens of each light bulb, and shall be in conformance with the following standards and criteria:

1.

Fixture orientation. No outdoor lighting shall be permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties, other than that upon which such light source is physically located. Accent lighting of buildings, trees or other landscape features may be permitted, provided the lighting only accentuates those individual features, and not an entire structure or landscaped area. Said accent lighting shall be directed onto the building facade or tree, with no spillover beyond the facade of the building or tree, and all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural feature of the building or tree being illuminated.

2.

Illumination limits. No one fixture or luminaire shall exceed 1,600 lumens. Accent lighting described in subsection (B)(1) of this section shall not exceed 800 lumens.

3.

Correlated color temperature (CCT). All outdoor lighting shall be of a low color temperature, commonly referred to as neutral or warm color temperature. The maximum CCT for each luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K, commonly referred to as cool color temperatures, are strictly prohibited.

4.

Fixture height. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light source or fixture is located on a building with no eaves, or if located on a standard or pole, the light source or fixture shall not be more than 16 feet above existing grade, adjacent to the building or pole.

5.

Light trespass. The maximum illumination level at any property line shall be less than a 0.01 footcandle, as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the

el at any property line shall be less than a 0.01 footcandle, as measured at grade. Light trespass that results in glare to neighboring properties or public/private streets is prohibited unless the director determines that there is no other alternative to provide security lighting required by the California Building Code, or approves the use of alarm or motion-activated security lighting. For the

purposes of this section, the term "glare" means stray, unshielded light striking the eye that results in discomfort, such as bright light causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability to drive or see into shadows in certain instances where the glare from a light fixture will create an impact to neighboring properties or public/private streets, the applicant shall be required to comply with these standards to the fullest extent possible. All estimates or testing shall be done with the entire facility illuminated.

6.

Fixture types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be fully shielded so that the light bulb is not visible from the adjacent neighbors or streets. Said light fixtures shall be cut off where lenses, refractors or lamp sources do not extend below the surface of the fixture housing, and no light shall be directed at or above the lowest horizontal plane of the light fixture, as depicted in the examples established by this section, or as approved by the director. Louvered light fixtures shall not qualify as fully shielded fixtures.

7.

Extinguishment of lights. With the exception of approved security lighting, or operational lighting conditions approved through a conditional use permit, all exterior lighting and parking lot lighting shall be extinguished by 10:00 p.m.

C.

Exemptions. The following outdoor lights shall be exempted from the requirements of this section:

1.

Temporary construction or emergency lighting.

2.

Holiday lighting.

3.

Exterior lighting for a temporary activity that is permitted through a special use permit, pursuant to chapter 17.62 (Special Use Permits).

4.

Low voltage, landscape lighting that does not require a permit from building and safety.

D.

The planning commission may approve deviations which exceed the standards set forth in subsections (A)(1) through (4) of this section when the planning commission finds that such deviations are required for public safety, pursuant to the California Building Code. Said lighting shall be depicted on a security lighting plan that is reviewed and approved by the planning commission through a site plan review application, prior to installation of said security lighting.

(Code 1981, § 17.56.040; Ord. No. 320, § 7(part), 1997; Ord. No. 579, § 2, 3-15-2016; Ord. No. 667, § 3, 111-2022)

A.

No commercial vehicles weighing in excess of 6,000 pounds shall be parked or stored in any residential district, except during residential construction or in conjunction with residential deliveries within the hours stated in subsection (B) of this section.

B.

Deliveries involving commercial vehicles weighing in excess of 6,000 pounds shall be allowed in residential districts only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.

C.

No building materials, machinery or other materials or equipment shall be stored outdoors in any residential district, except during construction on the lot.

D.

All mechanical equipment, such as air conditioners, heaters and exposed ducts or plumbing located in residential districts shall be screened from view of the public right-of-way and adjacent properties to the satisfaction of the director.

E.

Except for mechanized skylights and/or solar panels allowed pursuant to section 17.48.050 (Building Height), vents or ducts required by the California Building Code, and satellite dish antennas allowed pursuant to section 17.76.020(B), no mechanical equipment, such as air conditioning/heating units, shall be placed on the roof of a main building or accessory structure in residential districts.

(Code 1981, § 17.56.050; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

It is unlawful for any person owning, leasing, occupying or having possession of any property in the city on which a slope drain exists to interfere with, impede the flow of, or reduce the effectiveness in any manner, of said slope drain. The construction of any structure over a slope drain and the accumulation of trash, debris, overgrown vegetation, earth or any other materials within a slope drain is prohibited.

(Code 1981, § 17.56.060; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.58. - RECYCLING

The purpose of this chapter is to establish procedures and standards for the placement or construction of recycling centers and small collection facilities in the city in order to protect the health, safety and welfare of the community; and to establish requirements and guidelines for collecting and loading recyclable materials in development projects within all zoning districts in the city, in order to facilitate the diversion of solid waste and recyclable materials from landfills.

(Code 1981, § 17.58.010; Ord. No. 230, § 7(part), 1988; Ord. No. 320, § 7(part), 1997)

17.58.020. - Recycling centers, recycling drop-off or collection facilities, and community service recycling programs.

A.

Recycling centers. Recycling centers, as defined in chapter 17.96 (Definitions), are permitted in commercial, institutional and open space-recreational zoning districts subject to the director's approval of a special use permit, pursuant to chapter 17.62 (Special Use Permits), to ensure compliance with the following standards:

1.

Not more than 50 square feet of outdoor area may be used for any machine, group of machines, and machine enclosure, unless a conditional use permit is obtained by the applicant. Enclosures shall not exceed 12 feet in height.

2.

Each machine shall be located within 30 feet of the public entrance to the primary use on the site, shall comply with all required building setbacks, and shall not obstruct pedestrian or vehicular circulation, nor occupy any parking spaces designated for the primary use.

3.

Each machine shall accept from customers all types of redeemable beverage containers except refillable beer and malt beverage containers.

4.

Each machine shall be clearly and permanently marked to identify the material accepted, operating instructions, and the identity and telephone number of the operator. A maximum of three square feet of

signage for each machine is permitted in addition to operating instructions. The following operating instructions shall be clearly posted on each machine, in a conspicuous location which can easily be seen by the public:

a.

A legible sign indicating its hours of operation;

b.

A refund price sign or decal indicating the prices paid by weight or per container for each material type accepted by that machine. The refund price sign or decal shall be a minimum of 15 square inches, with lettering of at least three-eighths inch in height; and

c.

A sign which specifies the method for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass and plastic, or otherwise not accepted by the machine.

5.

Outdoor lighting of the machines is permitted, provided that such lighting is shielded to prevent the direct or indirect illumination of adjacent residentially zoned or occupied property.

6.

Each machine shall be in operation a minimum of 30 hours per week, and at least five hours per week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday. The machine may be serviced only during the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. The area around the machines must be kept clean and litter free. At least one alternative disposal device must be properly screened and located adjacent to each machine or group of machines to control any accumulation of trash if the facility becomes overloaded or broken.

7.

The facility shall be located conveniently close to a water source and a maintenance schedule shall be submitted and approved by the director for proper maintenance to ensure a healthful environment.

8.

Prior to operation of a single-feed reverse-vending machine and/or mobile recycling unit, the operator shall obtain certification of the recycling center from the state department of conservation, division of recycling.

9.

Noise levels from operation of the machines shall not exceed 65 dBA, as measured from the closest property line.

In addition to the enforcement remedies prescribed by chapter 17.86 (Enforcement) of this title, the director may revoke approval for any machine and cause its removal as a public nuisance pursuant to chapter 8.12 (Hazards) of this Code for violation of any of the above standards.

B.

Recycling drop-off or collection facilities and community service recycling programs. The installation or development of recycling drop-off or collection facilities and any other community service recycling programs is permitted within commercial general (CG) and institutional zoning districts, subject to approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permits). Recycling drop-off or collection facilities and community service recycling programs shall be developed in conformance with the following standards.

1.

The facility shall comply with all building setback and lot coverage requirements that apply to the primary use on the site. The height of the facility or any enclosure shall not exceed 12 feet.

2.

Facility identification signage shall be permanent in character and be limited to ten percent of the areas of each side of the facility, not to exceed a maximum of 50 square feet of signage per facility. Signage must be consistent with the character of the location and may be illuminated during the hours of operation upon the approval of the planning commission.

3.

Mobile recycling units and/or reverse-vending machines within the facility shall comply with the operating and development standards described in subsection (A) of this section.

4.

All recyclable materials deposited at the facility shall be contained entirely within the facility and shall not at any time be left outside of the facility in public view. Recyclable materials shall be picked up on an approved schedule to prevent accumulation of materials in public view. Retrieval and delivery of recycling containers shall only occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. An alternative disposal device for materials that cannot be accepted by the facility shall be placed adjacent to the facility to discourage dumping and to control any accumulation of trash if the facility becomes overloaded or broken. This device, and the entire facility, shall be monitored daily by the operator to maintain the cleanliness of the site.

5.

Facilities providing for the 24-hour donation of materials shall be at least 100 feet from any property zoned or occupied for residential use, unless a smaller setback is warranted by the topography of the site or the design of the facility.

The facility shall be located conveniently close to a water source and a maintenance schedule shall be submitted and approved by the director for proper maintenance to ensure a healthful environment.

7.

Facilities shall be in operation a minimum of 30 hours per week, and at least five hours per week shall be other than 9:00 a.m. to 5:00 p.m. on Monday through Friday. Facilities located within 100 feet of a property zoned for or occupied by a residential use shall operate only between the hours of 9:00 a.m. and 7:00 p.m., Monday through Saturday.

8.

A facility which is staffed shall have an employee present during its posted hours and shall display a sign having a minimum size of two feet by two feet informing the public that the location is open for business. The sign shall contain, at a minimum, the word "OPEN" in lettering at least ten inches in height. One parking space shall be provided for the attendant.

9.

If a facility consists of drop-off receptacles with redemption occurring at an alternate location on the property, the operator of the recycling center shall take the following actions:

a.

A sign shall be placed on or at the front of the receptacles with lettering of at least three-eighths inch in height which informs the customer of the exact location on the property where all types of empty beverage containers may be redeemed;

b.

A person shall be present at the exact location during the hours posted at the recycling center to inspect the empty beverage containers and pay customers the refund value; and

c.

A sign shall be posted at the exact location during the hours open for business where the public may redeem beverage containers, informing the public that the redemption location is open for business. The sign shall contain, at a minimum, the words "OPEN" and "RECYCLING CENTER." The word "OPEN" shall consist of lettering at least ten inches in height. The words "RECYCLING CENTER" shall be on a separate line and consist of lettering at least 3½ inches in height.

10.

If there is no reasonable alternative location for the facility, it may be located in the parking area of the primary use. If the reduction in the number of parking spaces causes the number of available parking spaces to be less than the minimum number required for the primary use, the planning commission may reduce parking requirements for the primary use by not more than five spaces. This reduction shall only be granted under the following conditions:

a.

The facility is located in a convenience zone as designated by the state department of conservation, division of recycling;

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling will be on the site; and

c.

At least 25 parking spaces were designated for the primary use prior to installation of the facility.

11.

Operation of the facility shall not increase the ambient noise level at the property line of the nearest property zoned for or occupied by a residential use to more than 65 dBA at any time.

12.

Outdoor lighting for the facility is permitted only if such lighting is shielded to prevent the direct or indirect illumination of adjacent residentially zoned or occupied property.

13.

The design and location of the facility shall be reviewed by the planning commission to ensure that the facility is screened, to the extent practical, from the view of adjacent residentially zoned or occupied property, while remaining clearly identifiable to patrons of the facility. Landscaping, fences, walls, structural enclosures and coloring may be required to accomplish this purpose.

14.

Prior to operation of a recycling drop-off or collection facility and/or any other community service recycling program, the operator shall obtain certification of the recycling center from the state department of conservation, division of recycling.

15.

The conditions of approval for the facility shall be enforced pursuant to section 17.76.080(F) (Convenience Stores).

16.

Approval of a recycling drop-off or collection facility and/or any other community service recycling program shall be denied if the planning commission cannot make the findings for approval of a conditional use permit specified in section 17.60.060 (Conditional Use Permits) of this title or if the planning commission finds the facility would be detrimental to the public health, safety or welfare.

C.

Appeals. Any interested person may appeal any decision of the director or the planning commission under this section pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.58.020; Ord. No. 230, § 7(part), 1988; Ord. No. 320, § 7(part), 1997)

17.58.030. - Requirements and guidelines for collecting and loading of recyclable materials in development projects.

A.

Applicability. The following development projects shall include adequate, accessible and convenient areas for collecting and loading recyclable materials, in accordance with the guidelines specified in section 17.58.030(C) of this chapter:

1.

New commercial or institutional developments of 10,000 square feet or more, marinas and multiple-family residential projects with five or more units approved on or after September 1, 1994;

2.

Existing commercial or institutional developments of 10,000 square feet or more, marinas and multiple-family residential projects with five or more units for which an application is submitted on or after September 1, 1994, for the following:

a.

A single alteration which adds 30 percent or more to the existing floor area of the development project; or

b.

Multiple alterations which are conducted within a 12-month period and which, collectively, add 30 percent or more to the existing floor area of the development project; and

3.

Any new public facility, including, but not limited to, buildings, accessory structures, marinas or any recreation area owned by a local agency, where solid waste is collected and loaded; and any improvement to a public facility used for the collecting and loading of solid waste, which adds to the value of the facility, prolongs its useful life or adapts it to new uses.

B.

Exemptions. The following development projects are exempt from the requirements of this section:

1.

Single-family dwellings which:

a.

Are located in tracts or subdivisions which do not contain a specified area for the collection and loading of solid waste serving five or more dwelling units; and

b.

Participate in the city's curbside recycling program;

2.

Individual tenants of multiple-family developments; and

3.

New occupancies within existing developments of 10,000 square feet or more.

C.

Recycling area design guidelines. Space allocated for collecting and loading recyclable materials shall have the ability to accommodate receptacles for recyclable materials. Such areas shall be accessible and convenient for those who deposit recyclable materials, as well as those who collect and load any recyclable materials placed therein. The following design guidelines shall apply to all development projects for the purpose of allocating and constructing a recycling area:

1.

Recycling areas shall comply with all building setback, lot coverage and applicable height requirements that apply to the primary use on the site.

2.

Recycling areas shall be designed to be architecturally compatible with abutting and or adjacent structures, and with the existing topography and vegetation.

3.

The design and construction of recycling areas shall not jeopardize the security of any recyclable materials placed therein.

4.

The design, construction and location of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.

5.

Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered according to any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.

6.

Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

7.

Travel aisles which access recycling areas shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, travel aisles should provide unobstructed access for collection vehicles and personnel.

8.

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

9.

Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts, such as noise, odor, vectors or glare through measures, including, but not limited to, maintaining adequate separation, fencing and landscaping.

10.

Any and all recycling areas shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the locations where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

11.

Recycling areas located within single-tenant development projects shall conform to the following additional guidelines:

a.

Areas designated for recycling shall be adequate in capacity, number and distribution to serve the development project;

b.

Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project; and

c.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project shall be located within the recycling area.

12.

Recycling areas located within multiple-tenant development projects shall conform to the following additional guidelines:

a.

Recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project leased by the tenants who submitted an application or applications resulting in the

need to provide recycling areas pursuant to this section;

b.

Dimensions of recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling areas pursuant to this section; and

c.

An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenants who submitted an application or applications resulting in the need to provide recycling areas pursuant to this section shall be located within the recycling area.

(Code 1981, § 17.58.030; Ord. No. 320, § 7(part), 1997)

ARTICLE VII. - DEVELOPMENT APPLICATION AND REVIEW CHAPTER 17.60. - CONDITIONAL USE PERMITS

The conditional use permit procedure provides for uses that are:

A.

Necessary or desirable for the development of the community or region but cannot readily be classified as permitted uses in individual zoning districts by reason of uniqueness of size, scope or possible effect on public facilities or surrounding uses;

B.

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

C.

Appropriate uses in the zoning districts in which they are listed as permitted subject to a conditional use permit but requiring specific consideration of the proposed use or development.

(Code 1981, § 17.60.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

The application for a conditional use permit shall be filed on forms provided by the city. A person may not file, and the director shall not accept, an application which is the same as, or substantially the same as, an application upon which final action has been taken by the director, by the planning commission, or by the city council within 12 months prior to the date of said application, unless accepted by motion of the planning commission or city council, or the previous application is denied without prejudice by the planning commission or city council.

B.

An application shall contain full and complete information pertaining to the request.

C.

The director or the planning commission shall investigate the facts bearing on each case to provide information necessary to ensure action consistent with the intent and purposes of this title.

D.

In cases where the director considers the conditions set forth on the application not within the scope of the conditional use permit procedure, the applicant shall be so informed. Whereupon, if the application is filed, it shall be signed by the applicant to the effect that they were so informed. Filing of an application does not constitute an indication of approval.

E.

In no event shall the acceptance of an application by the city be construed as support for, or the eventual approval of, the proposed use.

F.

For multifamily residential and nonresidential development applications, a temporary framework silhouette of the proposed project shall be required to be constructed as part of an application. Said application will not be deemed complete until the applicant has submitted a signed statement agreeing to construct said silhouette when directed to do so by the director some time prior to the public hearing on the application. The silhouette shall be constructed in accordance with the guidelines established by the city council for nonresidential construction projects.

(Code 1981, § 17.60.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 340, § 8(part), 1998; Ord. No. 463, § 9, 2007)

The filing fee for a conditional use permit shall be as established by resolution of the city council.

(Code 1981, § 17.60.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.60.040. - Public hearing.

A.

The public hearing notice shall be published in a newspaper of general circulation and given to owners of property located within 500 feet of the project, to all persons requesting notice, to any affected homeowner's associations, and the applicant pursuant to section 17.80.090 (Notice of Hearing) of this title.

B.

Conditional use permit amendment applications shall require a public hearing and notice similar to an initial conditional use permit application. However, conditional use permit amendment applications for master

television antennas in multiple-family developments, including residential planned developments, do not require a public hearing.

C.

Not more than 40 days following said hearing, the planning commission shall announce its findings, as per section 17.60.050 (Findings and Conditions) of this chapter, by formal resolution. The resolution shall recite the findings of the planning commission and set forth the conditions deemed necessary to protect the health, safety and welfare of persons residing in the neighborhood and in the community as a whole.

(Code 1981, § 17.60.040; Ord. No. 78(part), 1975; Ord. No. 90, § 6(part), 1977; Ord. No. 166, § 11, 1983; Ord. No. 320, § 7(part), 1997)

A.

The planning commission, may grant a conditional use permit, only if it finds:

1.

That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood;

2.

That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use;

3.

That, in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof;

4.

That the proposed use is not contrary to the general plan;

5.

That, if the site of the proposed use is within any of the overlay control districts established by chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with all applicable requirements of that chapter; and

6.

That conditions regarding any of the requirements listed in this subsection, which the planning commission finds to be necessary to protect the health, safety and general welfare, have been imposed:

a.

Setbacks and buffers;

b.

Fences or walls;

c.

Lighting;

d.

Vehicular ingress and egress;

e.

Noise, vibration, odors and similar emissions;

f.

Landscaping;

g.

Maintenance of structures, grounds or signs;

h.

Service roads or alleys; and

i.

Such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

B.

Conditional use permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety and general welfare. Such conditions shall take precedence over development standards otherwise required by the underlying zoning of the subject site.

C.

For multiple use developments under a conditional use permit, where the uses permitted in the development are specified in the conditional use permit resolution, the uses permitted in the zoning district shall not apply unless such uses are among those permitted by the conditional use permit.

D.

When warranted, the planning commission or city council may add conditions requiring compliance review or updating of maintenance, development plans and activities. Such compliance reviews or updates shall be conducted by the final deciding body of a conditional use permit, unless expressly stated in the adopted

conditions of approval. The submittal of a fee, as established by resolution of the city council, shall be required for processing such compliance reviews or updates.

F.

When required, the findings, recommendations and notices thereof shall be filed in conformity with the provisions set forth in this section (Findings and Conditions).

(Code 1981, § 17.60.050; Ord. No. 78(part), 1975; Ord. No. 259, § 2, 1990; Ord. No. 320, § 7(part), 1997; Ord. No. 606, § 2, 5-1-2018)

Any interested person may appeal any decision of the planning commission or any condition imposed by the planning commission pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.60.060; Ord. No. 78(part), 1975; Ord. No. 90, § 6(part), 1977; Ord. No. 320, § 7(part), 1997)

Before approving any conditional use permit, the planning commission shall establish a time limit within which the applicant shall "commence upon the permitted use," as that phrase is defined in section 17.86.070 (Enforcement) of this title. The time limit shall be a reasonable time based on the size and nature of the proposed development. If no date is specified by the planning commission or city council, a conditional use permit shall be valid for one year from the date of final action on the permit or approval. All such permits shall be null and void after that time unless the applicant has commenced upon the permitted use, as that phrase is defined in section 17.86.070 (Expiration of Permit Upon Nonuse) of this title. Upon a showing of substantial hardship, delays beyond the control of the applicant, or other good cause, the planning commission or city council may extend this period one time for up to one additional year.

(Code 1981, § 17.60.070; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

If the time limit expires and no extension has been granted, or if any of the conditions to the use or development are not maintained, then the conditional use permit shall be null and void. Continued operation of a use requiring a conditional use permit after such conditional use permit expires or is found in noncompliance with any condition of a conditional use permit shall constitute a violation of this title.

(Code 1981, § 17.60.080; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

An amendment to an approved conditional use permit may be initiated by the city or by the property owner pursuant to section 17.78.040 (Amendments to Approved Applications) of this title.

(Code 1981, § 17.60.090; Ord. No. 320, § 7(part), 1997)

A conditional use permit granted pursuant to this section may be modified, revoked or suspended pursuant to section 17.86.060 (Suspension or Revocation of Permits) of this Code.

(Code 1981, § 17.60.100; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.62. - SPECIAL USE PERMITS

This chapter provides for temporary special uses and developments which may, unless special consideration is given and conditions applied, result in an adverse effect on surrounding properties. Such special consideration and the application of conditions as provided in this chapter is deemed necessary for the protection of property values and the public welfare.

(Code 1981, § 17.62.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The following uses and developments shall not be initiated or constructed unless a special use permit for said use or development has been issued by the director:

A.

Temporary uses of land involving the erection of temporary structures, such as fences, booths, tents or the parking of trailers, for such activities as carnivals, circuses, fairs, festivals, nonprofit fund-raising events, charitable events or religious meetings;

B.

Temporary outdoor displays for the sale of Christmas trees, Halloween pumpkins, art objects or other items, other than special sales allowed with a temporary vendor permit pursuant to this chapter;

C.

Recycling centers, as defined in chapter 17.96 (Definitions) of this title, in zoning districts in which they are permitted by this title; and

D.

Any other similar activity conducted for a temporary period either outdoors, within temporary structures or within single-family residential zoning districts which, as determined by the director, has the potential to result in an adverse effect on surrounding properties.

(Code 1981, § 17.62.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Certain temporary sales activities may be allowed in conjunction with certain established uses without a special use permit, provided the property owner's permission, a business license if required and a temporary vendor permit is obtained by the vendor and there is no evidence that the temporary sales will create an adverse impact on adjacent uses beyond the impact of the primary use of the site. The following such

temporary sales may be conditionally approved by the director without hearing or notice through issuance of a temporary vendor permit:

A.

Temporary sales of goods and/or food items from a mobile nonmotorized cart or temporary booth in commercial, institutional and open space recreational zoning districts, provided the sales occur in conjunction with legal or legal nonconforming commercial, institutional and recreational uses; the sales occur on the same property as the existing uses; and the sales activity occurs for a period of not more than 30 days out of a 12month period;

B.

Special temporary outdoor sales by an existing retail business, provided the business is a legal or legal nonconforming use located in a commercial zoning district; the sales occur on the same property as the existing business; and the sales activity occurs for a period of not more than 30 days out of a 12-month period; and

C.

Temporary outdoor sales held by nonprofit organizations, provided that the sales occur entirely on the property of the nonprofit organization and for a period of not more than 30 days out of a 12-month period.

(Code 1981, § 17.62.030; Ord. No. 320, § 7(part), 1997)

Application for a special use permit or temporary vendor permit shall be made on forms provided by the city and shall include such plans as may reasonably be required by the director for a complete understanding of the proposal, and a filing fee as established by resolution of the city council.

(Code 1981, § 17.62.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Upon determination that an application for a special use permit is complete, the director shall notify the owners of all property and any affected homeowner's association located within a radius of 500 feet from the external boundaries of the property where the special use is proposed to occur, of the application by letter.

(Code 1981, § 17.62.050; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Not sooner than 15 days after the notices are mailed, nor later than 30 days after the application for a special use permit is deemed complete, the director shall either grant, deny or conditionally grant the special use permit, based on the following criteria:

That the site is adequate in size and shape to accommodate the proposed special use and/or development;

2.

That the proposed special use and/or development would not adversely interfere with existing uses on the subject property; and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns;

3.

That the proposed special use and/or development would not result in a significant adverse effect on adjacent property; and

4.

That by requiring certain safeguards as conditions of approval, the proposed special use and/or development would not be detrimental to the public health, safety and welfare.

B.

In granting a special use permit or temporary vendor permit, the director may impose conditions on the permit which are reasonable to ensure that the proposed use or development will comply with the applicable review criteria of this chapter and any other applicable provisions of this title. Noncompliance with any condition of a special use permit or temporary vendor permit shall constitute a violation of the zoning ordinance. Such conditions shall include, but not be limited to:

1.

Special setbacks and buffers;

2.

Regulation of outdoor lighting;

3.

Regulation of points of vehicular ingress and egress;

4.

Regulation of noise, vibration, odors, etc.;

5.

Regulation of the number, height and size of temporary structures, equipment and/or signs;

6.

Limitations on the hours and/or days of the proposed use;

If special sales are proposed, limitations on the location where sales may occur, the number of vendors and the scope of goods sold;

8.

If necessary, the obtainment of a city business license;

9.

If food sales are involved, obtainment of all the appropriate health department permits; and

10.

If necessary, fire department review and approval.

C.

Upon approval by the director of a special use permit, notice of the decision shall be given to the applicant, any interested person and any affected homeowner's associations, pursuant to section 17.80.040 (Notice of decision by director) of this title.

(Code 1981, § 17.62.060; Ord. No. 78(part), 1975; Ord. No. 90, § 7, 1977; Ord. No. 320, § 7(part), 1997)

The applicant or any interested person may appeal the director's decision on an application for a special use permit to the planning commission and the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title. Notwithstanding section 17.80.050(B) (Appeal to Planning Commission) of this title, an appeal of a decision on a special use permit application is not timely if not filed within five days of the date of the notice of the director's or planning commission's decision. No special use permit shall be effective, and no use or development authorized by a special use permit shall be initiated until the appeal period has been exhausted.

(Code 1981, § 17.62.070; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.64. - VARIANCES

A.

When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict interpretation of any of its provisions, the planning commission, upon verified application of any interested persons, shall initiate proceedings for consideration of a variance from the development provisions of this title. The planning commission in granting said variance may establish such conditions as it deems necessary to promote the intent and purpose of this title and to protect the public health, safety and welfare.

B.

A variance shall not be construed as an amendment to this title or a change to the maps which are part of this title.

(Code 1981, § 17.64.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Applications for variances shall be made to the planning commission on forms provided by the city. A person may not file, and the director shall not accept, an application which is the same as or substantially the same as an application upon which final action has been taken by the planning commission or city council within 12 months prior to the application date, unless the application is accepted by motion by the body that last made a decision on the application, or the previous application was denied without prejudice by that body.

B.

The applicant shall set forth in detail, on forms provided by the city, the reasons for the requested variance and shall show how the requirements of this section are satisfied, and such other information as may be required by the director.

C.

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

(Code 1981, § 17.64.020; Ord. No. 75(part), 1975; Ord. No. 78(part), 1975; Ord. No. 149, § 12, 1982; Ord. No. 259, § 3, 1990; Ord. No. 320, § 7(part), 1997)

The filing fee for a variance shall be as established by resolution of the city council.

(Code 1981, § 17.64.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Notice shall be published in a newspaper of general circulation and given to owners of property within 500 feet of the project, to all persons requesting notice, to any affected homeowner's associations and the applicant, pursuant to section 17.80.090 (Notice of Hearing) of this title.

B.

Not more than 40 days following said hearing, the planning commission shall announce its findings by formal resolution. Said resolution shall recite the findings of the planning commission and set forth the conditions deemed necessary to serve the intent and purpose of this title.

(Code 1981, § 17.64.040; Ord. No. 78(part), 1975; Ord. No. 90, § 8(part), 1977; Ord. No. 320, § 7(part), 1997)

A.

The planning commission, before granting a variance, shall find as follows:

1.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district;

2.

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district;

3.

That granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located; and

4.

That granting the variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan.

B.

A variance may also be granted if the applicant demonstrates significant error in any order, requirement, permit, decision or determination made in the administration or enforcement of this title or any ordinance adopted pursuant to it and the applicant has commenced construction in reliance upon the error. If a variance is granted under this subsection, required filing fees may be waived pursuant to the fee waiver provisions described in section 17.78.010 (Fee Waivers) of this title.

(Code 1981, § 17.64.050; Ord. No. 75(part), 1975; Ord. No. 149, § 12, 1982; Ord. No. 259, § 3, 1990; Ord. No. 320, § 7(part), 1997)

Any interested person may appeal the planning commission's decision to the city council pursuant to the appeal procedures described in chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.64.060; Ord. No. 78(part), 1975; Ord. No. 90, § 8(part), 1977; Ord. No. 320, § 7(part), 1997)

The planning commission, in granting a variance, may impose conditions reasonably required to serve the intent and purpose of this title.

(Code 1981, § 17.64.070; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Noncompliance with any condition of an approved variance application shall constitute a violation of this title.

B.

Each variance granted under the provisions of this chapter shall become null and void unless the applicant "commences upon the permitted use," as that term is defined in section 17.86.070 (Enforcement) of this title, within 180 days after the variance is granted, or within such other period as the planning commission or city council may have established.

(Code 1981, § 17.64.080; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.66. - MINOR EXCEPTION PERMITS

This chapter provides for minor exceptions to the development standards of this title in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships or results that may be inconsistent with the general intent of this title. Any minor exception permit in the coastal specific plan district shall be in conformity with the policies and requirements of the coastal specific plan.

(Code 1981, § 17.66.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

17.66.020. - Scope.

The director may grant minor exception permits authorizing the following:

A.

Construction of fences, walls or hedges which require a minor exception permit pursuant to section 17.76.030 (Fences, Walls and Hedges);

B.

A reduction of any setback and open space requirement contained in this title by 20 percent or less. However, a minor exception permit shall not be granted to reduce the setback and open space requirements for the following:

1.

New direct access garages or the conversion of existing indirect access garages to direct access garages which encroach into the required front or street-side setback;

2.

A structural addition or modification to an existing structure that has been approved through a discretionary permit by the planning commission or city council within two years of the proposed addition and/or modification.

C.

An increase of no more than 20 percent of the 50 percent land coverage restriction which is applicable to driveways, parking areas and paved walkways within the required front or street-side setback areas in SingleFamily Residential (RS) Districts set forth in section 17.48.030 (Lots, Setbacks, Open Space Area and Building Height) of this title.

(Code 1981, § 17.66.020; Ord. No. 78(part), 1975; Ord. No. 149, § 13, 1982; Ord. No. 150, § 17, 1982; Ord. No. 158, § 3, 1982; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 15, 11-152011)

Application for a minor exception permit shall be made on forms provided by the city and shall include such plans as may reasonably be required by the director for a complete understanding of the request, and a filing fee as established by resolution of the city council.

(Code 1981, § 17.66.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Upon receipt of a complete application for a minor exception permit, the director shall notify the owners of all parcels located adjacent to the proposed use or development by letter, using the last-known county assessor tax roll. Notification shall also include all parcels which are located directly across any public or private rightof-way from the subject property.

(Code 1981, § 17.66.040; Ord. No. 78(part), 1975; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997)

A.

The director may grant a minor exception permit only upon finding that:

1.

The requested minor exception is warranted by practical difficulties;

2.

The requested minor exception is warranted by an unnecessary hardship; or

3.

The requested minor exception is necessary to avoid inconsistencies with the general intent of this title.

B.

The director may impose conditions upon the approval of a minor exception permit to ensure that the minor exception permit is within the intent of this chapter. Noncompliance with any conditions of a minor exception

permit shall constitute a violation of this title.

C.

Upon approval of a minor exception permit by the director, notice of the decision shall be given pursuant to section 17.80.040 (Notice of decision by director) of this title.

(Code 1981, § 17.66.050; Ord. No. 78(part), 1975; Ord. No. 90, § 9(part), 1977; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997)

Any interested person may appeal a decision of the director to the planning commission and a decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title. No minor exception permit shall be effective and no development permitted by a minor exception permit shall be initiated or construction started, until the appeal period has been exhausted.

(Code 1981, § 17.66.060; Ord. No. 78(part), 1975; Ord. No. 90, § 9(part), 1977; Ord. No. 150, §§ 18, 19, 1982; Ord. No. 194, § 16(part), 1985; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.67. - REASONABLE ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES

A.

Pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (Government Code § 12900 et seq.), this chapter establishes formal procedures allowing individuals with disabilities and their representatives to request reasonable accommodations in the application of zoning laws and other land use regulations, policies and procedures when necessary to eliminate barriers to housing opportunities.

B.

A reasonable accommodation granted pursuant to this chapter shall not be construed as an amendment to this title or a change to the maps which are part of this title.

(Code 1981, § 17.67.010; Ord. No. 518, § 5, 4-5-2011)

A.

A request for a reasonable accommodation may be made by any person with a disability, their representative, or any developer or provider of housing for an individual with a disability, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. This chapter is intended for the benefit of those persons who are defined as disabled under section 17.67.030(B) of this chapter.

B.

A request for a reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. Requests for a reasonable accommodation shall be made in the manner prescribed by this chapter.

C.

A request for a reasonable accommodation shall be granted to an individual and shall not run with the land, unless the community development director determines that:

1.

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with chapters 17.02 and 17.04 of this Code; or

2.

The accommodation is to be used by another individual with a disability.

(Code 1981, § 17.67.020; Ord. No. 518, § 5, 4-5-2011)

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

A.

Fair housing laws means the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.

B.

Individual with a disability means a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or, anyone who has a record of that type of impairment. People who are currently using illegal substances are not considered individuals with a disability under the fair housing laws unless they have an otherwise qualifying disability.

(Code 1981, § 17.67.030; Ord. No. 518, § 5, 4-5-2011)

A.

Application. Requests for a reasonable accommodation shall be submitted on an application form provided by the community development department, or in the form of a letter to the community development director. The application shall contain the following information:

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

Documentation that the applicant is:

(A)

An individual with a disability;

(B)

Applying on behalf of one or more individuals with a disability; or

(C)

A developer or provider of housing for one or more individuals with a disability;

5.

The specific exception or modification to the zoning code provision, regulation, policy, or practice that is being requested;

6.

Documentation that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

(Code 1981, § 17.67.040; Ord. No. 518, § 5, 4-5-2011)

A.

Community development director. Requests for a reasonable accommodation shall be reviewed by the community development director if no approval is sought other than the request for a reasonable accommodation.

(Code 1981, § 17.67.050; Ord. No. 518, § 5, 4-5-2011)

A.

A written request for reasonable accommodations shall be made pursuant to section 17.67.040 of this Code.

B.

If the applicant needs assistance in making the request for reasonable accommodation, the community development department shall provide the assistance necessary to ensure that the process is accessible to the applicant.

C.

Within 30 days of an application being submitted, the director may request additional information necessary for making a determination regarding the request for a reasonable accommodation that complies with the fair housing law's protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the 60-day time period for making a determination on the request stops running until the additional information is provided.

(Code 1981, § 17.67.060; Ord. No. 518, § 5, 4-5-2011)

A.

The community development director shall issue a written determination within 60 days of the receipt of a complete application, unless extended in writing by mutual agreement of the city and the applicant.

B.

The director may grant a reasonable accommodation request only upon finding that:

1.

The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the fair housing laws;

2.

The requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws;

3.

The requested accommodation will not impose an undue financial or administrative burden on the city;

4.

The requested accommodation will not require a fundamental alteration in the nature of the city's zoning regulations and policies; and

5.

There are no alternatives to the requested accommodations that may provide an equivalent level of benefit.

C.

The director may impose conditions upon the approval of the reasonable accommodation request deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection B of this section. Conditions of approval may, where deemed appropriate, provide for any or all of the following:

1.

The reasonable accommodation shall only be applicable to particular individuals.

2.

Periodic inspection of the affected premises, as specified in the conditions, to verify compliance with this chapter and with any applicable conditions of approval.

3.

Prior to any transfer of interest in the premises, notice shall be given to the transferee of the existence of the modification, and the requirements that the transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity.

4.

Removal of the improvement if the need for which the accommodation was granted no longer exists.

5.

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.

6.

Other reasonable conditions deemed necessary to protect the public health, safety, and welfare.

D.

Prior to the issuance of any permits relative to an approved reasonable accommodation, the director may require the applicant and/or owner to record a covenant in the county recorder's office acknowledging and agreeing to comply with the terms and conditions established in the determination, and to provide notice to future owners that a reasonable accommodation has been approved.

(Code 1981, § 17.67.070; Ord. No. 518, § 5, 4-5-2011)

Upon approval of a reasonable accommodation request by the director, written notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given to only the applicant.

(Code 1981, § 17.67.080; Ord. No. 518, § 5, 4-5-2011)

Any interested person may appeal a decision of the director to the planning commission and a decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing and Appeal Procedures) of this title. No reasonable accommodation shall be effective and no development permitted by a reasonable accommodation shall be initiated or construction started, until the appeal period has been exhausted.

(Code 1981, § 17.67.090; Ord. No. 518, § 5, 4-5-2011)

Any modification granted through a reasonable accommodations procedure for an individual with a disability shall be considered a personal accommodation for the individual applicant and shall not run with the land.

(Code 1981, § 17.67.100; Ord. No. 518, § 5, 4-5-2011)

CHAPTER 17.68. - ZONE CHANGES AND CODE AMENDMENTS

This chapter provides for changes of the zoning designation of properties where such change is in conformity with the general plan and where such zone change is warranted by considerations of access, surrounding development, and timing of development. It is also the intent of this chapter to provide for amendments to this title, as the city may deem necessary or desirable.

(Code 1981, § 17.68.010; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

An amendment to any part of this title pertaining to the development or a change of zone of any property within the city shall be adopted pursuant to this chapter. All other amendments to this title may be adopted pursuant to the procedures that other ordinances are adopted.

(Code 1981, § 17.68.020; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A change of the zoning designation of properties and/or an amendment to this title may only be initiated as follows:

A.

City council. An amendment to any part of this title and/or a change of zone of any property within the city may be initiated by the city council at any time it is deemed necessary or desirable.

B.

Director and/or planning commission. An amendment to any part of this title and/or a change of zone of any property within the city may be initiated by the director and/or planning commission, upon petition to the city council. The city council shall review the petition to determine if the requested amendment and/or change is necessary or desirable.

C.

Interested person. Any person having an interest in land may file an application with the city council for a change of zone and/or an amendment to this title upon submission to the director of an initiation application and payment of a filing fee, as established by the city council. A person may not file, and the director shall not accept a petition which is the same as, or substantially the same as, a petition upon which final action has been taken by either the planning commission or the city council within 12 months prior to the date of the initiation application, unless the initiation application is accepted by motion of the city council, or the previous initiation application is denied without prejudice by the city council. The city council shall review an accepted initiation application to determine if the requested amendment and/or change is necessary or desirable. If the initiation application is approved by the city council by a majority of affirmative votes, the proposed zone change and/or Code amendment shall be reviewed in accordance with section 17.68.040 of this chapter.

(Code 1981, § 17.68.030; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

17.68.040. - Zone change and/or Code amendment review procedure.

A zone change and/or Code amendment initiated pursuant to section 17.68.030 of this chapter shall be considered as follows:

A.

The director shall set a time and place for a public hearing by the planning commission and shall order the public notice thereof. If the proposed zone change and/or Code amendment is initiated as a result of an interested person's application, said hearing shall be held not later than 40 days after the director receives the completed zone change and/or Code amendment application.

B.

The planning commission shall hold a public hearing to consider the proposed zone change and/or Code amendment. The planning commission's recommendation and reasons thereof shall be filed with the city council within 40 days after the planning commission's decision. If the recommendation of the planning commission is negative, no further action need be taken.

C.

If a negative recommendation is made by the planning commission, the applicant or other interested person may appeal that decision pursuant to the appeal procedures described in section 17.80.070 (Appeal to city council) of this title. Submission of the written recommendations of the planning commission to the city clerk shall constitute filing with the city council.

D.

If the recommendation is positive or an appeal is filed, the city council shall hold a public hearing after notice of the same. The decision of the city council shall be made public within 60 days after the termination of the public hearing.

(Code 1981, § 17.68.040; Ord. No. 75(part), 1975; Ord. No. 90, § 11(part), 1977; Ord. No. 320, § 7(part), 1997)

17.68.050. - Modification.

The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of the proposed ordinance or amendment by the city council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

(Code 1981, § 17.68.050; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

Application for a zone change and/or Code amendment filed by an interested person shall be made on forms provided by the city.

A.

Zone change application. The application shall be full and complete and shall be signed by at least one person owning property within the area proposed for a zone change. Such petition shall include plans for the proposed development of all property within the zone change area; said plans to include, as a minimum, a general site plan showing approximate location and use of all buildings (including number of units for multiple-family developments), location of points of access, parking and loading areas (including number of parking and loading spaces proposed), walkways and planting areas. If the zone change application proposes to eliminate in whole, or in part, an open space hazard zoning district, or a coastal specific plan setback zone within the coastal specific plan district, or if the property which is the subject of the zone change application is located within 1,000 feet of a known landslide, geotechnical and/or soils reports which analyze the stability of the subject area, shall accompany the application.

B.

Code amendment application. The application shall be full and complete and shall be signed by the applicant. The application shall include a detailed explanation of the reasons why the Code amendment is necessary or desirable by the applicant.

(Code 1981, § 17.68.060; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A filing fee for a zone change and/or Code amendment application shall be as established by resolution of the city council.

(Code 1981, § 17.68.070; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A proposed Code amendment and zone change application shall be noticed pursuant to section 17.80.090 (Notice of Hearing) of this title; except, that a proposed Code amendment application notice need not be given to the owners of property located within 500 feet of the applicant.

(Code 1981, § 17.68.080; Ord. No. 75(part), 1975; Ord. No. 90, § 11(part), 1977; Ord. No. 320, § 7(part), 1997)

A recommendation on a Code amendment and/or zone change shall be made by resolution of the planning commission.

(Code 1981, § 17.68.090; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

In the event the report back of the planning commission on any proposed change, initiated in accordance with this chapter, is adverse to or opposed to the proposed change so referred or in the event the council desires to effect any change in this title contrary to a recommendation of the planning commission submitted to the council, then any ordinance effecting such change shall not be adopted except by at least three affirmative votes of the council.

(Code 1981, § 17.68.100; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

If the applicant does not "commence upon the permitted use," as that term is defined in section 17.86.070 (Expiration of permit upon nonuse) of this title, in accordance with the approved plan within one year of the effective date of the zone change ordinance, the planning commission or city council may initiate proceedings to return the property to its original zoning classification. One extension of up to one year may be granted by the planning commission under the standards of section 17.86.070(B) (Enforcement) of this title.

(Code 1981, § 17.68.110; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

Where a zone change requires review under the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., which in the view of the director will require more time for a decision than is otherwise permitted by this chapter, the time periods for decision set forth in this chapter shall not commence until the city approves a negative declaration, certifies an environmental impact report, or otherwise renders a final determination pursuant to CEQA for the zone change at issue.

(Code 1981, § 17.68.120; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.70. - SITE PLAN REVIEW

The site plan review procedure enables the director and/or planning commission to check development proposals for conformity with the provisions of this title and for the manner in which they are applied when no other application is required under this title.

(Code 1981, § 17.70.010; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A.

Unless otherwise specified in this title, a site plan review application shall be required for all new development, as defined in chapter 17.96 (Definitions) of this title, which does not otherwise qualify for review under a review process or application procedure listed in this title. The applicant shall submit the site plan review application to the director and shall pay a fee as established by resolution of the city council. The number of site plan copies required shall be determined by the director.

B.

Unless otherwise specified in this title, the site plan shall be reviewed by the director for conformity with provisions of this title.

C.

No building permit shall be issued until all applicable site plans have been approved in accordance with this section and no building permit shall be finalized or certificate of occupancy issued unless the development complies with the approved site plan as conditioned.

D.

The site plan shall indicate the following information clearly and with full dimensions, unless the director waives the requirement of particular information:

1.

Lot dimensions;

2.

The location, size, height, proposed use and location of doors on all buildings and structures;

3.

Yards and space between buildings;

4.

The location, height and materials of walls, fences and landscaping;

5.

The location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern of off-street parking;

6.

Pedestrian, vehicular and service access and definitions of all points of ingress and egress;

7.

The location, size, height and method of illumination of signs;

The location, dimensions, number of spaces, internal circulation and access from public streets of loading facilities;

9.

The general nature, location and hooding devices of lighting;

10.

Proposed street dedications and improvements;

11.

Landscaping, if required by the provisions of this title;

12.

The type, location and height of screening devices of outdoor storage and activities, if permitted in the zoning district;

13.

Drainage and grading;

14.

Waste disposal facilities;

15.

Location of utility poles;

16.

Location of any easements;

17.

Applications that involve the construction of a new single-family residence shall include a geology report determining that the project is geologically feasible. The city geologist shall review and approve said report prior to the application for said project being deemed complete for processing; and

18.

Such other data as may be required by the director to assist in review of the plan.

(Code 1981, § 17.70.020; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 7, 11-152011)

Notwithstanding anything to the contrary in this Code, this chapter requires that no new impacts, including, but not limited to, grading, grubbing, development, or conversion to agriculture, within CSS anywhere in the

plan area or within any habitat type within the preserve or on vacant lots abutting the preserve, requiring discretionary approval within the city be approved without the city making a determination of conformance to the NCCP/HCP, adopted by the city council pursuant to Resolution 2019-61, and as may later be amended. Conformance will be demonstrated if the impact is associated with a covered project or activity defined in the NCCP/HCP and all relevant avoidance and minimization measures are included per sections 5.5 and 5.6 of the NCCP/HCP. The term "take" shall have the same meaning as that term is defined in section 10.12 of title 50 of the Code of Federal Regulations, including any amendments thereto or successor statutes thereto.

(Code 1981, § 17.70.025; Ord. No. 646, § 3, 5-18-2021)

If the development proposal, with any changes noted by the city, is fully consistent with the provisions of this title, the director or a staff member, authorized by the director, shall sign the site plan to indicate site plan review approval and shall notify the applicant of such. Unless a site plan review application is issued for a discretionary decision, as otherwise specified in this title, the director's approval of the site plan review application is final when rendered and no appeal may be made to the planning commission or city council.

(Code 1981, § 17.70.030; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

CHAPTER 17.72. - COASTAL PERMITS

The coastal permit procedure provides for review of proposed development within Specific Plan District I, to determine conformity with the city's coastal specific plan and state regulations.

(Code 1981, § 17.72.010; Ord. No. 149, § 14(part), 1982; Ord. No. 194, § 17(part), 1985; Ord. No. 320, § 7(part), 1997)

Specific Plan District I is the Coastal Specific Plan District. This district comprises all land seaward of Palos Verdes Drive South and Palos Verdes Drive West and is separated into three areas (in addition to the base districts) as indicated on the city official zoning map: the coastal zone, the coastal structure setback zone, and the coastal setback zone. Within these zones are designated areas which development therein is nonappealable or appealable, from a city decision to the coastal commission. As noted on the official map on file with the director, appealable areas are those areas which are located between the mean high tide line and the first public road; and non-appealable areas are those areas which are located landward of the first public road to Palos Verdes Drive South and Palos Verdes Drive West.

(Code 1981, § 17.72.020; Ord. No. 320, § 7(part), 1997)

The determination of whether a development is excluded from this chapter, appealable or non-appealable shall be made by the director at the time the application for development within the Coastal Specific Plan District is submitted. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to the appeal procedures described in

chapter 17.80 (Hearing notice and appeal procedures) of this title. This determination shall be made with reference to the coastal specific plan, including any maps, exclusions, land use designations and zoning ordinances which are adopted as part of the coastal specific plan. Where an applicant, an interested person or the city has a question as to the appropriate designation for a development, the following procedures shall establish whether a development is excluded, appealable or non-appealable.

A.

The city shall make its determination as to what type of development is being proposed (i.e., excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.

B.

If the determination of the director is challenged by the applicant or an interested person, or if the city wishes to have a coastal commission determination as to the appropriate designation, the city shall request a written opinion from the executive director of the coastal commission.

C.

Where, after the executive director's investigation, the executive director's determination is not in accordance with the city determination, the coastal commission shall hold a hearing for purposes of determining the appropriate designation for the development.

(Code 1981, § 17.72.030; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

The following uses and developments may be allowed with the approval of a coastal permit:

A.

Uses and developments permitted in the Coastal Zone. Uses and developments allowed shall be as specified in the base zoning districts.

B.

Uses and developments permitted in the Coastal Structure Setback Zone. Any new permanent structures in this zone are prohibited, including, but not limited to, pools, spas, vertical support members and chimneys. Minor structures and equipment, such as trash enclosures, storage sheds of less than 120 square feet, doghouses, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents and other minor structures and/or equipment may be allowed. In addition, decks, walkways or similar ground surfacing less than six inches in height, as measured from adjacent existing grade, shall be allowed.

C.

Uses and developments permitted in the Coastal Setback Zone. One minor addition may be allowed to each residence that is partially or totally within this zone and was existing as of December 26, 1975, provided:

The addition is less than 250 square feet;

2.

There is no reasonable, alternative location outside the coastal setback zone for the addition;

3.

Grading involving more than 20 cubic yards or more than three feet of cut or fill is not required;

4.

No plumbing is involved, unless a sewer system connection is available or a holding tank is constructed to meet the capacity requirements determined by the city's building official; and

5.

A geology report is submitted by the applicant with the coastal permit application and is approved by the city geologist. Residential density credit will be granted only for areas proven to the city's satisfaction to be stable.

Golf courses, and accessory structures associated with golf courses, public passive recreational improvements, including, but not limited to, trails, signage or protective fencing may be permitted in the coastal setback zone, provided that a conditional use permit is approved pursuant to chapter 17.60 (Conditional Use Permits) of this title, and a geology report is approved by the city's geologist. All other new uses and developments in this zone are prohibited, including, but not limited to, slabs, walkways, decks six inches or more in height, walls or structures over 42 inches in height, fountains, irrigation systems, pools, spas, architectural features, such as cornices, eaves, belt courses, vertical supports or members, and chimneys and grading involving more than 20 cubic yards of earth movement, or more than three feet of cut or fill.

(Code 1981, § 17.72.040; Ord. No. 320, § 7(part), 1997)

The following uses and developments are not subject to the coastal permit requirements, provided that such uses and developments are not located in the coastal setback zone and do not create a coastal risk of adverse environmental effect, as defined in chapter 17.96 (Definitions) of this title; a significant alteration of landforms; expansion or construction of water wells or septic systems; additional square footage where a previous coastal permit required a permit for future additions; adverse effect on public access; or a change in use contrary to the coastal specific plan:

A.

Trails;

B.

Fences and walls;

C.

Drainage structures;

D.

Landscaping and landscape furniture;

E.

Repairs or maintenance to existing structures;

F.

The installation, testing and placement in service or the replacement of any necessary utility connection between an approved development and an existing service facility, that conforms to city ordinances;

G.

Minor public works projects, such as the erection of public signs; the painting or removing of street lines, parking space designations, or painting or removing paint from curbs; the maintenance and repair of public streets; the installation and maintenance of landscaping; the maintenance of city utilities, repair and improvement of structures maintained, used or owned by the city; and the repair, replacement, maintenance or development of public facilities under emergency circumstances;

H.

Replacement of any structure destroyed by a natural disaster, other than a major public works facility;

I.

Any category of development determined by the coastal commission to have no potential for any significant local impact on coastal resource or public access;

J.

Within the appealable development areas, additions of ten percent or less of the existing square footage, which do not add a story or loft and do not require a variance application;

K.

Within the non-appealable development areas, any changes requiring only a site plan review application;

L.

Filling an existing swimming pool/spa with dirt.

(Code 1981, § 17.72.050; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 16, 11-15-2011)

The filing fee for a coastal permit shall be as established by resolution of the city council.

(Code 1981, § 17.72.060; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

Notwithstanding the provisions of chapter 17.80 (Hearing notice and appeal procedures) of this title, the provisions of this section shall constitute the minimum notice for the review of coastal development. Notices may be consolidated with other required notices.

A.

Coastal excluded developments. A permit issued by the city for a development which is excluded from the coastal permit requirements, as defined in chapter 17.96 (Definitions) of this title, shall be exempt from the notice and hearing requirements of this chapter.

B.

Coastal appealable developments.

1.

At least ten calendar days prior to the first public hearing on an appealable development proposal, as defined in chapter 17.96 (Definitions) of this title, the city shall provide notice by first class mail of the pending application. This notice shall be provided to:

a.

Each applicant;

b.

All persons who have supplied self-addressed, stamped envelopes for that development project or for coastal decisions within the city;

c.

All owners and residents of property located within 100 feet of the perimeter of the parcel on which the development is proposed; or, if the number of such properties is less than ten, to all owners and residents of the ten properties nearest to such parcel; and

d.

The coastal commission.

2.

The notice shall contain the following information:

a.

A statement that the development is within the coastal specific plan district;

b.

The date of filing of the application and the name of the applicant;

c.

The number assigned to the application;

d.

The location and description of the proposed development;

e.

The date, time and place at which and by whom the application will be heard;

f.

A brief description of the general procedure concerning the conduct of hearing and local actions; and

g.

The system for city and coastal commission appeals.

3.

If a decision on an appealable coastal permit is continued by the city to a time which is neither:

(a)

Previously stated in the notice; nor

(b)

Announced at the hearing as being continued to a time certain, the city shall provide notice of any further hearings and of any action taken on the proposed development, as provided in section 17.72.080(B) of this chapter.

C.

Coastal non-appealable developments with hearing. Notice of non-appealable developments, as defined in chapter 17.96 (Definitions) of this title, within the Coastal Specific Plan District that require a public hearing under city ordinance shall be provided in accordance with existing city notice requirements, incorporating the following criteria:

1.

At least ten calendar days before a hearing, the city shall provide notice by first class mail of the pending application. This notice shall be provided to:

a.

All persons who have supplied self-addressed, stamped envelopes for notice of that development project or for coastal decisions in the city;

b.

All owners and residents of property within 100 feet of the perimeter of the proposed development; or, if the number of such properties is less than ten, to all owners and residents of the ten properties nearest to such parcel; and

c.

The coastal commission.

2.

Notice of the proposed development shall be published in a newspaper of general circulation in the city.

3.

The notice shall contain a statement that the proposed development is within the coastal specific plan district.

D.

Coastal non-appealable developments without hearing. Notice of non-appealable developments, as defined in chapter 17.96 (Definitions) of this title, within the coastal specific plan district which do not require a public hearing under city ordinance, shall be provided as follows:

1.

At least seven calendar days prior to the decision on the application, the city shall provide notice by first class mail of the proposed development. This notice shall be provided to:

a.

All persons who have supplied self-addressed, stamped envelopes for that development project or for coastal decisions within the city;

b.

All owners and residents of property within 100 feet of the perimeter of the parcel on which the development is proposed; and

c.

The coastal commission.

2.

The notice shall contain the following information:

a.

A statement that the development is within the coastal specific plan district;

b.

The date of filing of the application and the name of the applicant;

c.

The number assigned to the application;

d.

The location and description of the proposed development;

e.

The date the application will be acted upon and by whom;

f.

The general procedure of the city concerning the submission of written and oral public comments prior to the decision; and

g.

A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be observed before the decision is made.

E.

Final city decision. This section does not apply to excluded developments. Within seven calendar days of a final decision on an application for any coastal development, after all city appeal periods have been exhausted, the city shall provide notice of its final action by first class mail to the coastal commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the city. Such notice shall include written findings and the procedures for appeal of the local decision to the coastal commission.

F.

Failure to act. When the city determines that the time limits established pursuant to Government Code §§ 65950—65957.1 have expired, the city shall, within seven calendar days of such determination, notify any person entitled to receive notice that it has taken final action by operation of law pursuant to Government Code §§ 65950—65957.1. The appeal period for projects approved by operation of law shall begin only upon the receipt of the city notice by the coastal commission. This section shall apply equally to the city determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.

(Code 1981, § 17.72.070; Ord. No. 149, § 14, 1982; Ord. No. 194, § 17(part), 1985; Ord. No. 320, § 7(part), 1997)

A.

At least one public hearing shall be held on each of the following applications:

For an appealable development; or

2.

For a non-appealable development which requires a public hearing pursuant to section 17.72.070(C), thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. The public hearing shall be conducted by the hearings officer, the planning commission or by the city council when the application satisfies the criteria of subsection (C) of this section.

B.

Applications for coastal permits for non-appealable developments which do not require a public hearing under the provisions of this chapter, but which do require a public hearing pursuant to another city ordinance, may be heard concurrently with the other development application.

C.

To expedite review of an application, the city council may conduct the public hearing thereon, without having the application heard first by the hearings officer or the planning commission, when the purpose of the application for a coastal permit is:

1.

To conduct geotechnical or geological investigations, including, but not limited to, associated site preparation or similar work, and construction of access or other improvements necessary to the investigations;

2.

To perform landslide remediation work, including, but not limited to, grading and installation of drainage improvements; or

3.

To maintain access or essential public services.

(Code 1981, § 17.72.080; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

In granting a coastal permit, the following findings must be made:

A.

That the proposed development is consistent with the coastal specific plan; and

B.

That the proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act.

(Code 1981, § 17.72.090; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

A.

Appeals to the planning commission. The petitioner or any other interested person may appeal any decision of the hearings officer by filing a written request with the secretary of the planning commission within 15 days after the decision is made. If such an appeal is made, a copy of the hearings officer's findings shall be transmitted to the planning commission and coastal commission together with the request for appeal, and the planning commission shall confirm or deny the appeal. The planning commission shall conduct public hearings subject to the procedures and notification. The planning commission may do one of the following:

1.

Approve the application upon finding that all applicable findings have been correctly made and all of the provisions of titles 16 and 17 of this Code, and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.), have been complied with;

2.

Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.);

3.

Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976;

4.

Disapprove the application upon finding that all applicable findings cannot be made or all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with; or

5.

Refer the matter to the hearings officer with instructions. Notice of final action shall be given pursuant to section 17.72.080(E) of this chapter, after all city appeal periods have been exhausted.

B.

Appeals to the city council. The petitioner or any other interested person may appeal any decision of the planning commission by filing a written request with the city clerk within 15 calendar days after the planning commission decision is made. If such an appeal is made, a copy of the planning commission findings shall be transmitted to the city council and coastal commission together with the request for appeal and the city

council shall confirm or deny the appeal. The city council shall conduct public hearings subject to the procedures and notification required of the planning commission. The city council may do one of the following:

1.

Approve the application upon finding that all applicable findings have been correctly made and all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) are complied with;

2.

Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.);

3.

Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of titles 16 and title 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976;

4.

Disapprove the application upon finding that all applicable findings cannot be made or all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with; or

5.

Refer the matter to the planning commission, with instructions.

Notice of final action shall be given pursuant to section 17.72.080(E) of this chapter, after all city appeal periods have been exhausted.

C.

Exhaustion of appeals. Exhaustion of all city appeals shall be required before an appeal is filed with the coastal commission, unless any of the following occur:

1.

The city requires an appellant to appeal to more appellate bodies than have been certified as such, for permits in the coastal specific plan district;

2.

An appellant was denied the right of the initial appeal by a city ordinance which restricts the class of persons who may appeal a city decision;

3.

An appellant was denied the right of city appeal because notices and hearing procedures for the development did not comply with required procedures; or

4.

An appeal fee for the filing or processing of an appeal is not waived by the city.

D.

Appeals to the coastal commission. An appeal of the city's final decision may be filed by an applicant, any aggrieved person or any two members of the coastal commission. Where at any decision stage a project is appealed by any two members of the coastal commission, notice shall be transmitted to the city council. The appeal to the coastal commission shall be suspended pending a decision on the merits by the city council. If the decision of the city council body modifies or reverses the previous decision, the coastal commission may appeal the city council's decision.

E.

Appeal fee waiver. All appeal fees related to the city's coastal permit appellate procedure pursuant to this section shall be waived.

(Code 1981, § 17.72.100; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

A.

City action. The city decision on an application for a coastal development shall be deemed final when:

(1)

The decision on the application has been made and all required findings have been adopted; and

(2)

All city rights of appeal have been exhausted.

B.

Effective date of city action. A final decision on an application for an appealable development shall become effective after ten working days following the final action if no appeal has been filed to the coastal commission, or after 21 calendar days following the final action unless any of the following occur:

1.

An appeal is filed in accordance with section 17.72.100 of this chapter;

2.

The notice of final city action does not meet the requirements of section 17.72.080(E) of this chapter; and

The notice of final city action is not received in the coastal commission office in time to allow for the ten working day appeal period or the 21 calendar day appeal period after the city's decision.

Where any of the above circumstances occur, the coastal commission shall, within five calendar days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city action has been suspended.

(Code 1981, § 17.72.110; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

17.72.120. - Concurrent permits.

A.

If other development permits are granted for a project along with a coastal permit which is appealed to the coastal commission, the date of approval by the city of the other permits, for purposes of determining the life of said permits, shall be coincidental with the life of the coastal commission's permit, unless the approval of the other permits specifically provides to the contrary. This section shall apply retroactively to any applicable project which has been approved by the city but has not yet been developed.

B.

In order to eliminate any ambiguity concerning the application of this section to conditional use permit No. 136, which was approved by the city council in 1991, the city council expressly declares that this section is to apply to that conditional use permit.

(Code 1981, § 17.72.120; Ord. No. 282, 1993; Ord. No. 320, § 7(part), 1997)

==> picture [354 x 279] intentionally omitted <==

(Code 1981, § 17.72.130; Ord. No. 529, § 38, 11-15-2011)

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