Rancho Palos Verdes Municipal Code § 17.76.030 Fences, walls and hedges

A. To ensure compliance with the standards set out in chapter 17.50 (Nonresidential Parking and Loading Standards) and established traffic engineering practices, anyone constructing a parking lot containing six stalls or more in any zoning district, whether separate or in conjunction with a structure, shall obtain a parking lot permit from the director prior to any development. Parking lots approved by the planning commission or staff in conjunction with other permits are exempted from this parking lot permit requirement. The development standards for parking areas set forth in section 17.50.040 (Development Standards) shall apply. A plot plan must be submitted with an application for a parking lot permit indicating the following:

1. Owner's name, current address and telephone number;

2. The scale of the plot plan, not smaller than one inch equals 20 feet;

3. North point at top of page;

4. All adjacent streets and alleys;

5. All adjacent sidewalks, curbs, gutters, driveways and street trees;

6. Dimensions and height of any buildings in number of stories or feet and total floor area;

7. Completely dimensioned parking layouts, which indicate all handicap parking, compact parking and whether parking spaces are single or double striped;

8. All parking spaces, wheel bumpers and directional arrows clearly marked;

9. The type and thickness of the paving;

10. A grading and drainage plan;

11. Proposed lighting system, if applicable;

12. The botanical and common names of the plants and trees to be used, and the size, quantity and spacing of each tree, plant or shrub to be planted;

13. A satisfactory method of irrigation for all planted areas. This may be a manual or automatic sprinkler system, with consideration in laying out the watering system given to water pressure, pipe sizes, types of irrigation sprinkler heads, hose bibs and volume of water required for the area to be irrigated. Automatic sprinkler systems shall contain flow sensing devices to detect leaks in the irrigation lines. The flow sensing devices shall be inspected regularly and maintained in good working condition by the person having control of such devices; and

14. For commercial and industrial uses, all loading spaces, loading docks and loading doors on buildings.

B. A fee is required, as established by resolution of the city council. A parking lot permit requires the written approval of the director after review by the director of public works. 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).

C. Temporary lots. Parking lot permits for temporary parking lots which do not meet the standards for permanent lots may be issued by the director and renewed on an annual basis for a period not to exceed three years, provided that a plot plan, as required above, is submitted by the applicant. A temporary parking lot permit shall be approved only if the parking facility is surfaced and continuously maintained dirt, dust and weed free; existing plant materials are maintained; and a bond or other trust deposit, in an amount to be determined by the director, is posted to ensure the development of the facility to the standards of this section or its removal at the end of the temporary permit period.

(Code 1981, § 17.76.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Editor's note— Ord. No. 682, § 2, adopted June 18, 2024, repealed § 17.76.020, which pertained to antennas and derived from Code 1981, § 17.76.020; Ord. No. 166, § 8(part), adopted 1983; Ord. No. 226, §§ 12, 13(part), adopted 1988; Ord. No. 320, § 7(part), adopted 1997; Ord. No. 345, § 6, adopted 1999; Ord. No. 374U, § 1, adopted 2002; Ord. No. 529, § 35, adopted November 15, 2011; Ord. No. 637U, § 2(exh. A), adopted October 6, 2020; Ord. No. 638, § 3, adopted October 20, 2020.

A. Purpose. These standards provide for the construction of fences, walls and hedges as required for privacy and for protection against hazardous conditions, dangerous visual obstruction at street intersection and unnecessary impairment of views.

B. Fence/wall permit.

1. Permit required. A fence/wall permit shall be required for any fence or wall placed within the rear yard or side yard setback adjacent to any contiguous or abutting parcel (as determined by the director), or placed adjacent to or abutting a city-designated viewing station identified in the city's general plan or coastal specific plan, except as specified below:

a. Fences or walls located where the grade differential between the building pads of adjacent lots, measured perpendicular to the boundary between the two properties contiguous to or abutting the fence, wall or hedge, is two feet or less in elevation;

b. Fences or walls where the subject lot is located upslope of any property contiguous to or abutting the location of the fence, wall or hedge; or

c. Fences or walls when the top of the fence or wall is at a lower elevation than that of the pad of the upslope lot.

2. Initial site visit. Upon submittal of an application and a site inspection fee, as established by resolution of the city council, the director, or their representative, shall conduct an initial site visit in order to determine the type of application process that is required, as follows:

a. If based on the initial site inspection, the director or their designee is able to determine that there will be no view impairment to an adjacent property owner, or no view impairment from a city-designated viewing station, caused by the proposed new fence or wall and the director can make the finding described in subsection (B)(3)(b) of this section, the fence/wall permit shall be approved. Notice of said approval shall be sent to the property owners adjacent to the subject property, pursuant to section 17.80.040 (Notice of decision by director) of this title. An adjacent property owner may appeal the director's decision to the planning commission pursuant to section 17.80.050 (Appeal to Planning Commission) of this title. The decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

b. If the director is unable to determine that no view impairment will be caused by the proposed new fence or wall, the applicant shall pay the remainder of the application fee established by the city council and the application shall be reviewed as described in subsection (B)(3) of this section.

3. Findings. A fence/wall permit may be approved only if the director finds as follows:

a. That the fence or wall would not significantly impair a view from the viewing area, as defined in chapter 17.02 (Single-Family Residential (RS) Districts), of another property or a view from public property which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing area. Within the city's coastal zone, assessments from view corridors and viewing stations shall be taken in accordance with the city's coastal specific plan and/or city council Policy No. 49. Within residential viewing areas, views shall be taken from a standing position;

b. That all foliage on the applicant's lot which exceeds 16 feet or the ridgeline of the primary structure, whichever is lower, and significantly impairs a view from the viewing area of another parcel, as defined in chapter 17.02 (Single-Family Residential (RS) Districts) or a view from public property which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station, shall be trimmed or removed prior to permit approval. This requirement shall not apply where trimming or removal of the foliage would constitute an unreasonable invasion of the privacy of the occupants of the property on which the foliage exists and there is no method by which the property owner can create such privacy through some other means permitted by this title that does not impair a view from viewing area of another property;

c. That placement or construction of the fence or wall shall comply with all applicable standards and requirements of this Code and the general plan;

d. Notwithstanding a finding as described in subsection (B)(3)(a) of this section, the applicant's request shall be approved if the director determines that findings of subsections (B)(3)(b) and (c) of this section can be made and either:

i. Denial would constitute an unreasonable invasion of the privacy of the occupants of the applicant's property and there is no method by which the property owner can create such privacy through some other means permitted by this title that would not significantly impair a view from a viewing area of another property or from a city-designated viewing station; or

ii. Denial would prevent compliance with the swimming pool fencing requirements contained in subsection (F)(3) of this section and there is no reasonable method to comply with subsection (F)(3) of this section that would not significantly impair a view from a viewing area of another property or from a city-designated viewing station.

4. Notice of decision. The notice of decision of a fence/wall permit made pursuant to subsection (B)(3) of this section shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given only to the applicant. Any interested person may appeal the director's decision to the planning commission pursuant to section 17.80.050 (Appeal to Planning Commission) of this title.

5. This decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

6. The director, the planning commission and city council may impose such conditions on the approval of a permit as are necessary to protect the public health, safety and welfare and to carry out the purpose and intent of this section.

7. In the case of conflict between the provisions of this section and other provisions of the development code or the building code, the most restrictive provisions apply.

C. Fence, walls and hedges allowed without a permit. Unless restricted by conditions imposed through a fence/wall permit issued pursuant to subsection B of this section which meet the following requirements shall be allowed without a permit:

1. Residential zoning districts.

a. Fences, walls and hedges located within the front yard setback area shall meet the following standards:

i. Up to 42 inches in height shall be permitted, except as restricted by the intersection visibility requirements of section 17.48.070 (Intersection visibility) of this title;

ii. When combined with a retaining wall, the total height may not exceed 42 inches, except as further restricted by the intersection visibility requirements of section 17.48.070 (Intersection visibility) of this title; and

iii. When located within the front yard of a flag lot and the front property line of the flag lot abuts the rear or interior side property line of an adjacent lot, up to seven feet in height shall be permitted, except for the first 20 feet of the access way (pole), as measured from the location where the pole abuts the street of access, in which case fences, walls and hedges shall be limited to 42 inches in height.

b. Fences, walls and hedges not subject to subsection (C)(1)(a) of this section shall meet the following standards:

i. Fences and walls up to seven feet in height shall be permitted on any part of a lot not subject to subsection (C)(1)(a) of this section except as restricted by section 17.48.070 (Intersection visibility) of this title;

ii. Hedges shall be permitted on any part of a lot not subject to subsection (C)(1)(a) of this section, to a height that does not significantly impair a view from surrounding property, as described in chapter 17.02 (Single-Family Residential (RS) Districts), or from a city-designated viewing station, unless the director determines that a specific hedge height is needed to prevent the unreasonable invasion of privacy of the hedge owner and there is no other method by which the hedge owner can protect their privacy;

iii. When combined, the total height of a fence, freestanding wall or retaining wall may not exceed eight feet, as measured from grade on the lower side, and may not exceed seven feet, as measured from grade on the higher side;

c. Temporary construction fences, as defined in chapter 17.96 (Definitions), up to seven feet in height may be located within front or street side setback areas, pursuant to the temporary construction fencing provisions of section 17.56.020(C) of this title.

2. Nonresidential zoning districts.

a. Fences, walls and hedges located within the front yard and street-side setback areas shall meet the following standards:

i. Up to 42 inches in height shall be permitted, except as restricted by the intersection visibility requirements of section 17.48.070 (Intersection visibility) of this title;

ii. When combined with a retaining wall, the total height may not exceed 42 inches in the front or street-side setback areas, except as restricted by the intersection visibility requirements of section 17.48.070 (Intersection visibility) of this title; and

b. Fences/walls located behind front and street-side setbacks shall meet the following standards:

i. Up to seven feet in height shall be permitted on any part of a lot behind the front or street-side setback areas, except as restricted by the intersection visibility requirements of section 17.48.070 (Intersection visibility) of this title;

ii. When combined with a fence, the total height may not exceed eight feet, as measured from grade on the lower side and may not exceed seven feet as measured from grade on the higher side;

c. Temporary construction fences, as defined in chapter 17.96 (Definitions), up to seven feet in height may be located within front or street side setback areas, pursuant to the temporary construction fencing provisions of section 17.56.020(C) of this title.

D. Fences, walls and hedges permitted with a minor exception permit.

1. The following fences, walls and hedges shall be permitted subject to the approval of a minor exception permit pursuant to chapter 17.66 (Minor Exception Permits):

a. Fences, as defined in chapter 17.96 (Definitions), higher than 42 inches and up to seven feet in height located in the front setback areas, provided the area between the street and any such fence is landscaped, per a plan approved by the director of community development;

b. A fence or wall, or any combination thereof, located outside of a front yard setback area which does not exceed 11½ feet in height as measured from grade on the lower side and seven feet in height as measured from grade on the higher side;

c. Fences higher than seven feet and up to ten feet in height and not within the required setback areas or a combination of a 3½-foot retaining wall and recreational fencing of ten feet in height for downslope and side yard fencing for tennis courts or similar recreational facilities. The fence above the seven-foot height shall be constructed of wire mesh, or similar material, capable of admitting at least 80 percent light as measured on a reputable light meter.

2. In addition to the review criteria listed in chapter 17.66 (Minor Exception Permits), the director of planning shall use, but not be limited, to the following criteria in assessing such an application:

a. The height of the fence or wall will not be detrimental to the public safety and welfare;

b. The line of sight over or through the fence is adequate for safety and does not significantly impair a view from the viewing area, as defined in section 17.02.040 (View preservation and restoration), of an adjacent parcel or from any city-designated street or a public viewing station;

c. On corner lots, intersection visibility as identified in section 17.48.070 (Intersection visibility) of this title is not obstructed; and

d. The height of the retaining portion does not exceed the grading limits set forth in section 17.76.040 (Grading Permit) of this title.

E. Hedges permitted within the front yard setback. Hedges (not fences, walls or combination thereof) that exceed 42 inches in height are allowed within the front-yard setback, including the intersection visibility triangle, provided that:

1. No portion of the hedge will exceed six feet in height.

2. The location and/or height of the existing or proposed hedge exceeding 42 inches allows for the safe view of on-coming vehicular traffic and pedestrians by a driver exiting their driveway and does not cause a visual impairment that would adversely affect the public health, as determined by the director of public works.

3. The height of the hedge exceeding 42 inches does not significantly impair a view from the viewing area of a residential parcel as defined in section 17.02.040 (View preservation and restoration) of this title or from any city-designated viewing station.

4. The property owner submits a complete application and fee for a minor exception permit and obtains approval of said permit. The approval of said permit shall include a condition of approval that specifies the hedge's permitted height above 42 inches and that the hedge shall be maintained at said height.

5. Hedges that exceed 30 inches in height and are located within the intersection visibility triangle shall be reviewed pursuant to the criteria set forth in section 17.48.070(D).

F. General regulations.

1. Fences, walls and hedges shall be measured as a single unit if built or planted within three feet of each other, as measured from their closest points, unless at least one of the fences, walls or hedges is located on an adjoining lot held under separate ownership. Perpendicular returns connecting two or more parallel walls or fences shall not be considered portions of the wall or fence for purposes of determining whether or not the fences or walls are a single unit.

2. Retaining walls may exceed the height limits of this section, provided a grading permit is approved pursuant to section 17.76.040 (Grading Permit) of this title.

3. Fences or walls required. All pools, spas and standing bodies of water 18 inches or more in depth shall be enclosed by a structure and/or a fence or wall not less than five feet in height measured from the outside ground level at a point 12 inches horizontal from the base of the fence or wall. Any gate or door to the outside shall be equipped with a self-closing device and a self-latching device located not less than four feet above the ground. Such fences, walls and gates shall meet city specifications and shall be constructed to the satisfaction of the city's building official.

4. The use of barbed wire is prohibited unless required by any law or regulation of the state or federal government or any agency thereof. Electrified fencing may only be allowed for the keeping of animals pursuant to chapter 17.46 (Equestrian Overlay (Q) District) of this title. All electrified fences shall contain a warning sign, posted in a visible location, warning that an electrified fence is in use.

5. Chain link, chicken wire and fiberglass fences are prohibited in front yards between the front property line and the exterior facade of the existing single-family residence closest to the front property line, in side yards between the street-side property line and the exterior facade of the existing single-family residence closest to the street side property line, and within a rear yard setback which abuts the following arterial streets identified in the city's general plan:

a. Crenshaw Boulevard;

b. Crest Road;

c. Hawthorne Boulevard;

d. Highridge Road;

e. Miraleste Drive;

f. Palos Verdes Drive East;

g. Palos Verdes Drive North;

h. Palos Verdes Drive South;

i. Palos Verdes Drive West; and

j. Silver Spur Road.

6. Replacement of privately owned fences and walls along arterial streets. Any existing fence or wall that is part of an existing uniform fence or wall design and is located within a rear yard setback of a private property located along any of the arterial streets listed in subsection (F)(5) of this section shall be replaced or repaired at the same height and location and with the same materials and color as the original uniform fence or wall, to the satisfaction of the community development director.

(Code 1981, § 17.76.030; Ord. No. 75(part), 1975; Ord. No. 90, § 5(part), 1977; Ord. No. 132, § 3(part), 1980; Ord. No. 150, §§ 15, 16, 1982; Ord. No. 175, §§ 14—18, 1983; Ord. No. 194, § 10(part), 1985; Ord. No. 254, §§ 2—4, 1990; Ord. No. 320, § 7(part), 1997; Ord. No. 510, §§ 13, 14, 16, 6-29-2010; Ord. No. 540, § 6, 11-20-2012; Ord. No. 546, § 1, 4-1-2014; Ord. No. 559U, § 1, 6-17-2014; Ord. No. 560, § 1, 7-15-2014; Ord. No. 657, § 3, 3-1-2022)

A. Purpose. The city finds and declares that it is necessary to adopt this section to promote the public health, safety and general welfare. Where this section is in conflict with other city ordinances, the stricter shall apply. Specifically, this section provides for:

1. Permitting reasonable development of land and minimizing fire hazards, ensuring the maximum retention of groundcover to aid in protection against flooding, erosion, earth movement, siltation and other similar hazards;

2. Ensuring the maximum preservation of the natural scenic character of the area consistent with reasonable economic use of such property;

3. Ensuring that the development of each parcel of land, as well as watercourses, streets and other public lands and places, occurs in a manner harmonious with adjacent lands so as to minimize problems of flooding, drainage, erosion, earth movement and similar hazards, and to maintain the visual continuity of hill and valley without unsightly continuous benching of buildable sites; and

4. Ensuring that each project complies with all goals and policies of the general plan, any specific plan and any amendments.

B. Grading allowed. The following grading may be allowed with a minor grading permit, a major grading permit or a remedial grading permit. Each parcel of land involved requires separate approval:

1. A minor grading permit shall be used for those projects which meet all of the following criteria:

a. An excavation, fill or combination thereof, in excess of 20 cubic yards, but less than 50 cubic yards, in any two-year period, on a slope of less than 35 percent; or

b. An excavation three feet or more, but less than five feet, below natural grade or a fill three feet or more, but less than five feet, above natural grade on a slope of less than 35 percent;

2. A major grading permit shall be used for those projects which result in any of the following:

a. An excavation, fill or combination thereof, in excess of 50 cubic yards in any two-year period;

b. An excavation five feet or more below natural grade or a fill five feet or more above natural grade;

c. Notwithstanding the exemptions of subsection (C) of this section, any excavation or fill which encroaches on or alters a natural drainage channel or watercourse; and

d. Unless otherwise exempted by subsection (C) of this section, an excavation or fill on an extreme slope (35 percent or more);

3. A remedial grading permit shall be used for excavations, fill or any redistribution of earth materials for the purpose of enhancing soil stability and reducing geotechnical hazards due to natural land movement or the presence of natural hazards.

C. Grading exempt. The following grading shall be exempt from this section:

1. An excavation, fill or combination thereof, less than 20 cubic yards in any two-year period;

2. An excavation less than three feet below natural grade, or a fill less than three feet above natural grade;

3. Grading pursuant to a permit for excavation in public streets;

4. Grading in connection with a public improvement or other public works project for which inspection is provided by the city or another public agency, as approved by the city engineer;

5. Grading in private easements by a public utility, cable franchisee or a mutual water company;

6. An excavation or fill on private property made by an individual to repair or replace a sewer line, water line or other underground utility line;

7. An excavation less than ten feet below existing grade for the foundation or footings of a structure or a swimming pool located on a slope less than 35 percent and not involving a caisson foundation. Caisson foundations or any excavation for a footing or foundation ten feet or more below existing grade shall require the approval of a minor grading permit. This exemption shall not affect the applicability of this section to, nor the requirement of a grading approval for, any fill made with the material from such excavation; and

8. Tilling of the soil for agricultural and horticultural purposes; and discing the soil for fire hazard abatement purposes.

For purposes of this section, grading shall be calculated in cubic yards and shall represent the total earth movement on a lot or parcel. The total earth movement shall be the total amount of excavation, plus the total amount of fill, regardless of whether there is a net balance of cut and fill quantities on a site.

D. Application.

1. To obtain the approval required by this section, an applicant shall file a completed minor grading, major grading or remedial grading application on a form furnished by the city. The application shall be signed by the owner of the property where the work is to be performed, or by their duly authorized agent. An agent's authority must be shown in writing. The director may require additional information as necessary to carry out the purposes of this section.

2. Unless waived by the director, the application shall be accompanied by scaled plans or drawings, prepared and signed, as appropriate, by a registered civil engineer, architect or landscape architect which show the following:

a. A plot plan identifying property lines, easements, existing and proposed structures, accurate contours of existing topographic conditions and finished contours of all proposed grading. One-foot contour intervals are required. Five-foot contour intervals may be accepted if deemed appropriate by the director;

b. The location of any existing structure within 15 feet of the proposed grading, whether or not that structure is located on the lot to be graded;

c. Typical and highest/greatest point cross-sections of retaining walls, cut slopes and fill slopes;

d. Any additional plans, drawings or calculations deemed necessary by the director to demonstrate that the proposed grading complies with the provisions of the development code;

e. The plot plan shall establish the elevation of some permanent benchmark or other reference point on or adjacent to the subject property. The reference point shall not be altered in elevation or location. Any grading depths and heights of future structures on this property shall be referenced to this point;

f. The plans shall label the areas of cut and fill with different markings for each, and each area labeled shall designate the amount of cut or fill in cubic yards.

g. Applications involving vacant property shall indicate the average percent slope of each parcel and shall demonstrate the method used in calculating the average percent slope. Applications involving developed property shall indicate slope averaging calculations using the formulas and methods described in the diagrams contained in exhibit 76-A of this section titled "Slope Calculation and Average Cross Slope Calculation," at various locations on the subject building site, as determined by the director.

h. Applications which 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.

3. Applications for a remedial grading permit shall be accompanied by geological and/or soils reports which justify the need for the remedial grading and indicate that the grading will not aggravate the existing soils and/or geologic conditions. Unless waived by the director, applications for a minor grading or grading permit shall be accompanied by geological and/or soils reports which indicate that the grading will not aggravate the existing soils and/or geologic condition.

4. Applications referred to planning commission. When a major grading application proposes earth movement involving 1,000 or more cubic yards of earth or when a remedial grading application proposes earth movement involving 5,000 or more cubic yards of earth, the application shall be referred to the planning commission for consideration under the criteria set forth in this section. However, grading for construction of a basement, cellar or other structure located below grade and not visible from any surrounding public right-of-way, shall not be referred to the planning commission regardless of the total cubic yards of earth movement, provided that no exportation of fill off of the grading site results from the grading. An application referred to the planning commission shall be noticed to a newspaper of general circulation and given to owners of property within 500 feet of the project, 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.

5. Fees.

a. Each application shall be accompanied by a fee, as established by resolution of the city council.

b. Any revision to an approved application must be approved by the review body of the city which gave final approval to the original application and a fee shall be paid, as established by resolution of the city council.

c. In addition to the application fees, the applicant shall pay building permit and plan check fees as specified by chapter 3 of the California Building Code.

6. Deposits. If excavated material in excess of 20 cubic yards is to be deposited off the grading site, the applicant shall deposit with the city a deposit fee established by resolution of the city council in the form of cash, check or money order as security for the proper removal of the excavated material before being granted a minor grading, grading or remedial grading permit allowing such excavation, by the city's building official. Such excavated material shall be disposed of in the manner set forth and at the location indicated on the city's Notice to Contractors and Property Owners—Requirements for Removal of Excavated Materials. Upon submission to the building official of dump receipts which substantiate the proper removal of all excavated material from the building site as shown on the notice, the deposit shall be returned. Failure to present valid receipts to the city within 180 days of final approval, cancellation or expiration of the minor grading, grading or remedial grading permit shall result in forfeiture of the security deposit. Forfeited deposits shall be placed in the general fund of the city and used to cover the cost of removing illegally dumped material.

7. Final approval. Upon approval of the application by the director or planning commission, the applicant must still conform to all conditions imposed by chapter 70 of the California Building Code, including all required fees, and approval by the director is not final until approval has been granted by the city engineer.

E. Criteria for evaluation of minor grading and major grading applications. A minor grading or major grading application shall be assessed in light of the following criteria:

1. The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in chapter 17.96 (Definitions) of this title.

2. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. In cases where grading is proposed for a new residence or an addition to an existing residence, this finding shall be satisfied when the proposed grading results in a lower finished grade under the building footprint such that the height of the proposed structure, as measured pursuant to section 17.02.040(B) of this title, is lower than a structure that could have been built in the same location on the lot if measured from preconstruction (existing) grade.

3. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural.

4. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any manmade or manufactured slope into the natural topography.

5. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in chapter 17.02 (Single-family Residential Districts).

6. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas.

7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside.

8. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation.

9. The grading conforms to the following standards:

a. Grading on slopes equal to or exceeding 35 percent shall be allowed on 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 grading, as conditioned, will not threaten the public health, safety and welfare.

b. No finished slopes greater than 35 percent shall be created, except at the point of vehicular access adjacent to driveways, as per subsection (E)(9)(f) of this section.

c. Except for the excavation of a basement or cellar, a fill or cut shall not exceed a depth of five feet at any point except where the director or the planning commission determines that unusual topography, soil conditions, previous grading or other circumstances make such grading reasonable and necessary.

d. No fill or cut shall be permitted on a slope exceeding 50 percent gradient, unless the grading is on a 67 percent slope, allowed pursuant to subsection (E)(9)(f) of this section.

e. Retaining walls:

i. Unless located within the required front or street side setback, one upslope retaining wall not to exceed eight feet in height may be used. Retaining walls located in the required front or streetside setback shall not exceed 3½ feet in height;

ii. One downslope retaining wall not to exceed 3½ feet in height may be used;

iii. On lots sloping with the street and other configurations not discussed above, one retaining wall not to exceed 3½ may be used on each side of the lot;

iv. Retaining walls may be allowed up to five feet in height, adjacent to driveways, only if required for access or slope stabilization. There shall be no more than one upslope or one downslope retaining wall adjacent to driveways;

v. Retaining walls which are an integral part of a structure may exceed eight feet, within the building footprint.

f. Driveways:

i. Driveways which exceed 20 percent slope shall not be permitted except that one length, not at the point of access, of not more than ten linear feet may have a slope of up to 22 percent;

ii. Slopes not greater than 67 percent may be permitted adjacent to driveways;

10. The director may grant a grading permit for development in excess of that permissible under subsection (E)(9) of this section upon finding that:

a. The criteria of subsections (E)(1) through (8) of this section are satisfied;

b. The approval is consistent with the purposes set forth in subsection A of this section;

c. Departure from the standards in subsection (E)(9) of this section will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity; and

d. Departure from the standards of subsection (E)(9) of this section will not be detrimental to the public safety nor to other property;

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

F. Criteria for evaluation of remedial grading applications. A remedial grading application shall be assessed in light of the following criteria:

1. The maximum vertical height of cut or fill should not exceed that which is necessary to enhance soil stability and reduce geotechnical hazards due to natural land movement or the presence of natural hazards, except that fissures of any depth may be filled to the level of the adjacent ground surface. Such grading should be designed to reduce the local topographic relief and in no case should fill be placed on a slope steeper than 35 percent such that it might cause a soil slip or mud-flow.

2. Where remedial grading on a residential lot involves importation of fill material from a source outside of the lot, no more than that which is necessary to enhance soil stability and reduce geotechnical hazards due to natural land movement or the presence of natural hazards should be permitted.

3. Remedial grading along private roads should be restricted to maintaining the roads in a safe and usable condition and to improving surface drainage so that runoff water does not flow into closed depressions or fissures. In areas adjacent to scarps, the crests of the scarps should be periodically lowered so as to reduce the volume of imported fill needed to maintain the proper road grade on the down-thrown sides of the scarps. In no event shall remedial grading bring the road surface higher than the original grade. Such remedial grading should be the responsibility of the appropriate homeowner's association or the adjacent property owners.

4. Stockpiling will be allowed for road repair and remedial grading; providing, the stockpiles in any given area do not exceed 200 cubic yards, are not in yard areas visible from any right-of-way and are not stockpiled for more than six months.

5. Remedial grading shall be designed to improve surface drainage and in no case cause ponding or surface runoff so as to increase the likelihood of surface water infiltration.

6. The nature of the grading shall minimize disturbance to the natural contours and finished contours should remain reasonably natural.

7. The grading shall take into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any manmade or manufactured slope into the natural topography.

8. The grading shall avoid or minimize disturbance to coastal sage scrub habitat. If disturbances or impacts to coastal sage scrub are unavoidable, all impacts shall be mitigated to the satisfaction of the city.

9. Where appropriate, the grading shall include provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas.

10. Where appropriate, the grading should utilize street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside.

11. The grading should not cause excessive and unnecessary scarring of the natural landscape through removal of vegetation.

G. Conditions upon issuance. In granting any approval under this chapter, the director or the planning commission may impose such conditions as may be reasonably necessary to prevent danger to public or private property, to prevent conduct likely to create a nuisance or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions imposed by the director or planning commission. Such conditions may include, but shall not be limited to:

1. Limitations on the days and hours of operation in which work may be performed;

2. Designation of routes and means of access to the site;

3. Designation of the place and manner of disposal of excavated materials and of the acquisition of fill;

4. Requirements as to the mitigation of dust and dirt, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care and respect for the property rights, convenience and reasonable desires and needs of neighbors;

5. Designation of maximum or minimum slopes;

6. Regulations as to the use of public streets and places;

7. Landscaping, in addition to the minimum required by chapter 70 of the California Building Code;

8. The submittal of a performance bond or trust deposit to ensure that grading, landscaping or other conditions imposed under this section are performed; and

9. For any remedial grading permit, the recordation of a covenant against the property subject to any significant remedial grading, which is defined as excavation, fill or any combination thereof, which involves the redistribution of earth materials for the purpose of reestablishing the stability and continuity of such area, and which involves:

(1) Excavation, fill or any combination thereof in excess of 1,000 cubic yards within any two-year period; or

(2) Excavation ten feet or more below preconstruction grade or fill ten feet or more above preconstruction grade.

The covenant shall document the nature and scope of the significant remedial grading completed to enhance soil stability and reduce geotechnical hazards due to land movement or the presence of natural hazards.

H. Appeal. Any interested person may appeal any decision of the director to the planning commission and any decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

I. Prohibited deposits of earth, rock or excavated material. No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material or debris so as to cause the same to be deposited upon or to roll, blow, flow or wash upon or over any public place or right-of-way or upon or over the premises of another, without the express written consent of the owner of such premises so affected. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material or debris over any public street, alley or other public place, allow such material to blow or spill over and upon such street, alley or place, or adjacent private property. If there is a violation of this subsection whereby any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or private property, the person responsible shall cause the same to be removed from such public place or private property within 36 hours, or immediately after notification by the city if a hazardous condition is caused. In the event it is not so removed, the director of public works shall cause such removal and the cost of such removal shall be paid to the city by the person who failed to so remove the material.

(Code 1981, § 17.76.040; Ord. No. 78(part), 1975; Ord. No. 86, § 1, 1977; Ord. No. 87, § 1, 1977; Ord. No. 89, § 1(part), 1977; Ord. No. 150, §§ 3—5, 1982; Ord. No. 194, § 12(part), 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 340, § 8(part), 1998; Ord. No. 400U, § 10, 2004; Ord. No. 405, § 10, 2004; Ord. No. 416, § 6, 2005; Ord. No. 529, § 8, 11-15-2011)

A. Purpose. This chapter provides standards and procedures for permitting within residential districts the minor encroachments of accessory structures onto extreme slopes (35 percent or more), which are not zoned open space hazard and where such slopes constitute the only reasonable area for development. Extreme slope permits are not required for 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 Code.

B. Scope. The director may grant extreme slope permits for the following uses only:

1. Decks, which extend or cantilever a maximum of six feet into the extreme slope area, as measured on a horizontal plane from the top or toe of the slope;

2. Flagpoles up to 16 feet in height, as measured from the grade adjacent to the flagpole base to the top of the flagpole, upon a finding by the director that no significant impact on views from surrounding properties would result.

C. Application.

1. The application for an extreme slope 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 or the planning commission within 12 months prior to the date of said application, unless the planning commission or city council approves the acceptance of such an application, or the previous application is denied without prejudice by the planning commission or city council.

2. The application shall provide full and complete information pertaining to the request.

D. Filing fee. The filing fee for an extreme slope permit shall be established by resolution of the city council.

E. Notice. Upon receipt of a complete application for an extreme slope 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 right-of-way from the subject property.

F. Findings and conditions.

1. The director may grant an extreme slope permit only upon finding:

a. That the site cannot reasonably accommodate the structure except on an extreme slope;

b. That the permit will result in no significant adverse effect on neighboring properties. Factors to be considered in making this finding shall include view impairment, visual impact, slope instability, increased runoff and other adverse impacts found to be significant;

c. That the structure will not result in an unreasonable infringement of the privacy of the occupants of abutting residences;

d. That any disturbance of the slope will be insignificant; and

e. That the permit is consistent with the general plan, coastal specific plan or any other applicable plan.

2. If necessary to protect the health, safety and general welfare, the director shall condition the approval of the permit with regard to one or more of the following:

a. Landscaping and maintenance thereof;

b. The color of the structure;

c. Complete geology and hydrology reports which address the proposed structure; and

d. Such other conditions as will promote orderly and efficient development in conformity with the intent and purposes of this title.

G. Notice of decision. The director shall provide written notice of the approval of an extreme slope permit to the applicant and to all interested persons. Notice of denial shall be given only to the applicant.

H. Appeal. Any interested person may appeal any decision by the director to the planning commission and any decision by the planning commission to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

I. Failure to comply.

1. Noncompliance with any condition on an extreme slope permit shall constitute a violation of this title.

2. A permit becomes null and void upon its expiration.

(Code 1981, § 17.76.060; Ord. No. 194, § 15(part), 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 481, §§ 15, 16, 2008)

A. Purpose. This section provides procedures and standards for the granting of large family day care home permits in zoning districts other than single-family residential districts for homes which meet the standards of subsection (B) of this section.

B. Scope. The director may grant large family day care home permits authorizing the care within a single-family residence of nine to 14 children, including children under the age of ten years, who reside at the home, providing that:

1. All necessary permits from the state department of social services have been obtained;

2. Proof that a city business license has been applied for;

3. Proof of compliance with state fire marshal standards is provided;

4. The home is not located within 1,000 feet of any other large family day care home;

5. One on-site parking space is provided for each permanent employee; and

6. An on-site loading and drop-off area is provided.

C. Application. Application for a large family day care home permit shall be made on forms provided by the city and shall include such plans and documents as may reasonably be required by the director for a complete understanding of the proposal and a filing fee in an amount established by resolution of the city council.

D. Notice. Upon receipt of a complete application for a large family day care home permit, the director shall provide written notice of the application to all owners of property shown on the last-known county assessor tax roll and homeowner's associations located within a radius of 500 feet of the external boundaries of the property where the large family day care home is proposed.

E. Action by director; authority. Not sooner than 15 days after the notices are mailed, the director shall either grant, conditionally grant or deny the application in accordance with the standards listed in subsection (B) of this section. If the application is granted or conditionally granted, notice of the director's decision shall be given to the applicant and to all interested persons. Notice of denial shall be given only to the applicant. The applicant or any interested person may appeal the director's decision 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.

F. Permit nontransferable. No large family day care home permit may be transferred from one person to another or from one location to another. Such transfer shall make the permit null and void.

(Code 1981, § 17.76.070; Ord. No. 194, § 15(part), 1985; Ord. No. 320, § 7(part), 1997)

A. Purpose. This section provides criteria for the development, operation and regulation of convenience stores. These criteria ensure that convenience stores are developed and operated on adequate sites, at proper and desirable locations with respect to traffic patterns, adjacent land uses, and the goals and objectives of the general plan and any applicable specific plans. These criteria further ensure that safety, privacy, design, proliferation and the joint sale of alcoholic beverages and motor fuels are considered in reviewing applications for convenience stores.

B. Applicability.

1. Conditional use permit required. Any new convenience store, and any existing convenience store that has been closed for business for more than 180 consecutive calendar days shall not be developed or opened for business unless a conditional use permit is issued by the planning commission pursuant to the requirements of this chapter and chapter 17.60 (Conditional Use Permits) of this title.

2. Nonconforming uses. Notwithstanding chapter 17.84 (Nonconformities), any existing convenience store shall comply with subsections (C)(1)(d) and (D)(1) and (2) of this section within one year of the adoption of the ordinance codified in this chapter unless deviation from these standards is authorized by a conditional use permit. Any intensification of use at any existing convenience store, including, but not limited to, the addition of automated teller machines, video rentals, drive-up windows or sit-down dining, requires approval of a conditional use permit pursuant to this chapter.

3. Findings. In order to approve a conditional use permit for a convenience store, the planning commission must make the findings listed below and the findings listed in chapter 17.60 (Conditional Use Permits) of this title:

a. That the proposed convenience store will not contribute to the undesirable proliferation of such uses;

b. That the design of the proposed convenience store respects the visual character of the site and enhances the surrounding area;

c. That the operation of this use, and in particular, any sale of alcoholic beverages will not adversely affect adjacent or nearby places of worship, schools, parks, recreation centers, playgrounds or residences;

d. That a proposed convenience store located within 300 feet of a residential or institutional use or zoning district boundary will be limited in hours of operation or otherwise designed and operated to avoid disturbing neighbors, between 11:00 p.m. and 6:00 a.m.

C. Development standards.

1. Residential and institutional interface. The following standards are imposed to reduce the impact of a convenience store use on adjacent residential and institutional zones or uses:

a. Setbacks. A minimum 20-foot landscaped setback is required between the convenience store building and any accessory structures and the property lines of any adjoining residential or institutional use or zone. The setback shall be continuously maintained in an attractive manner and shall not be used as a storage area or for parking.

b. Spacing. The convenience store building must be at least 100 feet away from any residential or institutional building other than residential or institutional accessory buildings, such as storage sheds or detached garages.

c. Public entrances and loading areas. Public entrances and loading areas shall be designed to avoid facing an adjoining residential or institutional use or zone.

d. Deliveries. Deliveries are not permitted between 9:00 p.m. and 6:00 a.m.

e. Mechanical equipment. Mechanical equipment must be screened or covered so that it is not visible from any adjacent residential or institutional use or zone. Mechanical equipment shall be located as far as possible from adjacent residential or institutional uses. Noise levels from such mechanical equipment shall not exceed 65 decibels, as measured from the closest property line.

f. Sensory. Noise and odors emanating from the building shall be minimized by the use of appropriate sound insulation techniques and filters.

g. Trash enclosures. Trash enclosures, of a design approved by the director, shall be integrated into the site landscaping and design and shall not be located in any setback adjacent to a street, residential use or zone, or institutional use or zone. A 55-gallon outdoor trash container, enclosed in a decorative stone receptacle and placed adjacent to each pedestrian entrance, is also required.

h. Screening. Six-foot-high solid, decorative, masonry walls or dense landscaping may be required along property lines if the planning commission determines that the site should be screened from adjacent properties and land uses.

i. Height. Unless otherwise prohibited by this Code, roof-mounted structures, equipment and antennas shall be limited to the lowest practical height as determined by the planning commission to minimize view obstruction.

j. Utilities. All utilities shall be placed underground from the building to the point of connection to public utility poles or transmission lines.

k. Lighting. The lighting provisions of section 17.56.040 (Environmental Protection) shall apply and all exterior lighting shall be arranged and shielded to prevent off-site illumination. Only ground-oriented, shielded or diffused lighting shall be allowed in any area directly facing a residential or institutional use or zone.

l. Roofing. Roofing material shall be consistent with the design of the building and shall be of a color, material and style that enhances the appearance of the building as viewed from adjacent residential and institutional uses or zones.

m. Intensification of use. Any accessory activities or services that change or intensify the use of a store previously granted a conditional use permit by the planning commission, including, but not limited to, the addition of automated teller machines, video rentals, drive-up windows and sit-down dining, shall require prior review and approval by the director. The director has the discretion to refer the requested activity to the planning commission for review, except that:

i. Video and arcade games shall not be allowed; and

ii. The sale of prepared food items for immediate consumption shall only be allowed if 75 square feet of fixed, interior seating area, designated solely for patron use while consuming food products on-premises, is provided.

n. Signage. Signage shall conform to the requirements of section 17.75.040 (Sign Permit).

o. Maintenance. The site and store shall be maintained in a neat and orderly manner and operated as specified by the conditional use permit.

2. Design.

a. Standardized architectural styles, forms and roof types, established through contractual agreements with franchisers and used repetitively throughout southern California, statewide and nationally, shall be denied if they are not compatible with the architectural styles, forms and roof types of other structures in the immediate vicinity.

b. Designs based on the unique character of the site, including topography, climate, aspect, location, history and prevailing architectural style are encouraged.

c. Visually interesting designs incorporating variations in horizontal and vertical planes, setbacks, bulk, materials and colors are encouraged.

d. Landscaping and irrigation plans must be approved by the director before a certificate of occupancy is issued. Landscaping shall be coordinated with the building design and site layout to provide open space, accents, relief, screening and buffering.

3. Parking.

a. One parking space per 200 square feet of net leasable retail area is required; except, that parking for food service areas shall equal one parking space per 50 square feet of food service area or five parking spaces, whichever is greater.

b. Parking areas adjacent to a street must be screened with a 36-inch high freestanding wall or landscaped berm except within an intersection visibility triangle as defined in section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title.

D. Operation guidelines. The guidelines that follow shall be considered by the planning commission and may be incorporated into conditions of approval for any conditional use permit for a convenience store. The planning commission may determine that some or all of these guidelines should not be applicable to a particular project, provided that the planning commission makes written findings to support its determination.

1. Security program. Store management may be required to prepare and agree to a security program that requires:

a. Attendance by all management personnel at a sheriff's crime prevention class to acquaint them with personal safety, security and crime prevention techniques, and other law enforcement concerns. Proof of attendance must be provided annually prior to business license renewal;

b. Staffing of the premises with at least two employees during all hours that the store is open to the public;

c. Adequate interior and exterior security lighting;

d. The counter area to be readily visible from the street at all times;

e. A policy concerning the amount of cash available at the register;

f. A limited access money depository on the premises.

2. Hours of operation. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. for any convenience store located within 300 feet of a residential or institutional use or zone boundary.

E. Alcoholic beverage sales.

1. A conditional use permit is required pursuant to chapter 17.60 (Conditional Use Permits). In addition, the planning commission shall grant a conditional use permit for alcoholic beverage sales in conjunction with the sale of motor fuel at convenience stores or service stations only if it finds:

a. That the proposed concurrent sale of alcohol and motor fuel at the subject property will not be significantly detrimental to the health, safety and welfare of the community;

b. That a public hearing notice has been 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 chapter 17.80 (Hearing notice and appeal procedures);

c. That the proposed concurrent sale of alcohol and motor fuels conforms to the regulations of this section, section 17.76.090 (Automobile service stations) and article II (Commercial Districts, chapters 17.12 through 17.22) of this title.

2. Standards. The following standards shall be imposed:

a. No beer or wine shall be displayed within five feet of the cash register or the front door.

b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

c. No alcoholic beverages shall be sold from a drive-through window.

d. Beer or wine shall not be sold from, or displayed in, an ice tub.

e. No self-illuminated advertising for beer and wine shall be located on buildings or windows.

f. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who sell beer and wine shall be at least 21 years of age.

3. Appeals. The decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

F. Enforcement. In the event that written complaints are received regarding the operation of a convenience store, the director shall investigate and may refer the complaints to the planning commission. The planning commission will hold a public hearing to review the complaints, the conditional use permit or other approvals, pursuant to chapter 17.60 (Conditional Use Permits) of this title.

1. Public hearing. If a public hearing is held to review the conditional use permit, the planning commission may add, delete or modify conditions of approval, or revoke the conditional use permit pursuant to section 17.86.060 (Enforcement) of this title.

2. Appeal. Any decision by the planning commission to add, modify or delete conditions of approval, or to revoke the conditional use permit may be appealed to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

(Code 1981, § 17.76.080; Ord. No. 217, § 5(part), 1987; Ord. No. 232, § 10, 1988; Ord. No. 320, § 7(part), 1997)

A. Purpose. The standards of this section permit service stations only on adequate sites at proper and desirable locations with respect to traffic patterns and adjacent land uses.

B. Applicability.

1. No new service station shall be constructed, and no existing station which has ceased operations for more than 180 days, shall be reopened unless a conditional use permit is issued by the planning commission pursuant to chapter 17.60 (Conditional Use Permits) of this title; and

2. Unless otherwise regulated by the development standards of the automotive service station overlay control district pursuant to chapter 17.40 (Overlay Control Districts), the minimum development standards set forth in this chapter shall be required of all automobile service stations hereafter approved by the planning commission with a conditional use permit. Subsection D of this section shall apply to existing service stations as well as new stations.

C. Development standards.

1. Lot area. The minimum area of a site for an automobile service station with no more than two islands and two service bays shall be 22,500 square feet, with a minimum frontage of 120 linear feet on each street. There shall be 2,000 additional square feet of lot area for each additional pump island or service bay.

2. Setbacks. Any part of the structure, canopies or building shall be set back at least ten feet from any property line. Pump islands shall be set back 25 feet from any property line.

3. Building size. Buildings which include service bays shall not be less than 1,200 square feet in area, exclusive of canopies.

4. Curb cuts and driveways. There shall be no more than two driveways on any one street. No curb cut shall be closer than five feet from the beginning of the curb return at the corner of the intersection. No driveway shall exceed a width of 35 feet. Curb cuts shall be a minimum of 25 feet apart. Entrances to an abutting commercial development or combined driveways will be encouraged to facilitate good circulation.

5. Parking. Parking of vehicles on-site is prohibited except for such vehicles as are in the process of being serviced, those belonging to employees, service and tow trucks owned by the establishment and rental vehicles. Parking is prohibited where it will impede the view of traffic in the public streets.

6. Perimeter walls. Walls may be required on the property lines and along the street planted areas, if the planning commission determines that the site should be buffered from abutting properties.

7. Refuse area. An enclosed refuse area shall be provided to meet the specifications of the city's public works department and shall be integrated with the design of the station.

8. Restrooms. All restroom entrances shall be screened from view from adjacent properties or public rights-of-way by solid decorative screening.

9. Utilities. All utilities shall be underground.

10. Lighting. The outdoor lighting provisions of section 17.56.040 (Environmental Protection) of this title shall apply and all exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting property and to prevent distraction of drivers of vehicles on public rights-of-way. Luminaries shall be of a low-level, indirect and diffused type. All lighting under canopies or on the building shall be covered with diffusing lenses and shielded. Planning commission approval of all outdoor lighting is required.

11. Landscaping. Landscaping plans shall be approved by the planning commission unless the planning commission refers this task to the director or their designee. There shall be the following minimum landscaping:

a. The ten-foot setback along the street frontages, except where there are driveways, shall be landscaped and planting shall not exceed three feet in height, except trees; and

b. Eight percent of the total site shall be landscaped in addition to landscaped street frontage setbacks.

All landscaped areas shall have permanent automatic irrigation systems and shall be well maintained. All planting areas shall be surrounded by six-inch-high cement curbs, unless they have higher planter walls.

12. Off-site improvements. Off-site improvements, including curb, gutter, sidewalk, pavement, streetlights and street trees are required to be installed by the developer. These improvements must meet city specifications and shall conform to chapter 17.52 (Dedications, Right-of-Way Improvements and Off-Site Improvements) of this title. Where future installation is approved by the city, performance bonds are required.

13. Drainage. All drainage to the street shall be by underground drainage structures to avoid drainage across the surface of city walks or drive aprons. All drainage shall comply with this title, any other title of this Code and any other applicable laws.

14. Paving. All areas not planted or used for building must be paved with a minimum of three-inch-thick concrete and paving shall meet city specifications.

D. Operations.

1. Operation of an automobile service station shall be limited to the sale of such automotive items and services generally required in the operation and maintenance of motor vehicles, and to the sale of such nonautomotive items as are required by the motorist. The display of automotive merchandise shall be permitted only within the building or in enclosed cases on the pump islands, or adjacent to the building outside. Nonautomotive items, such as cigarettes and soft drinks, may only be displayed in vending machines in specially designed areas approved by the planning commission. Sale or display of nonautomotive items, other than items in vending machines and temporary promotional gifts, is prohibited unless a conditional use permit or a revision to an existing conditional use permit, to allow a convenience store, is obtained pursuant to section 17.76.080 (Convenience stores) of this title.

2. Outdoor operations shall be limited to:

a. The retail sale of petroleum products;

b. The supply of air and water;

c. Auto washing by hand, where an area of not more than 500 square feet is used;

d. Waxing and polishing automobiles;

e. Tire changing;

f. Battery servicing, charging and changing; and

g. Installation of minor accessories, e.g., windshield blades and arms, gas caps, lamps, lamp globes and performance of minor repairs.

3. Other operations related to the servicing of motor vehicles may be conducted within the building. A mechanical car wash may be permitted by conditional use permit or a revision to an existing conditional use permit, provided that it is clearly auxiliary to the service station use, and in a roofed structure enclosed on at least two sides. There shall be no body and fender work, painting, repair and rebuilding of electro-chemical batteries or other work of a similar nature.

4. The rental of cars or trailers may be permitted as an adjunct to the service station business, provided that:

a. A conditional use permit or a revision to an existing conditional use permit, pursuant to chapter 17.60 (Conditional Use Permits) of this title, is obtained;

b. Site area sufficient for the parking of rental vehicles must be provided in addition to the minimum area required for the station, and no more than ten percent of the total lot area may be occupied by rental vehicles;

c. Rental vehicles may not be parked in required parking spaces, nor in the area between the building setback lines and street right-of-way lines;

d. The rental of trucks, tractors, trailers or similar large vehicles or implements is prohibited.

E. Abandonment.

1. A conditional use permit for a new service station at any location within the corporate limits of the city shall not be approved and granted to any company or to an affiliate of a company that owns, leases, rents or in any manner controls, property within the city that is occupied by an abandoned or vacant service station. The term "abandoned or vacant," as used in this section, shall mean that the service station has not been in operation for a period of 60 days or more prior to the date the planning commission adopts its resolution of decision on the application for a new service station. This provision shall not apply to a service station that is not in operation because it is in the process of being reconstructed or remodeled; having its underground storage tanks replaced; or as a result of an involuntary or voluntary act taken against the buildings and/or land, which is not the fault of the property owner or lessee.

2. It shall become the responsibility of the property owner to remove any and all structures and equipment both above and below the ground from the lot if the service station has been abandoned, as herein defined, for 180 days. Once this time has elapsed, the property owner will have 90 days to complete the removal of all structures and equipment and the restoration of the site.

(Code 1981, § 17.76.090; Ord. No. 78(part), 1975; Ord. No. 90, § 3(part), 1977; Ord. No. 217, § 6, 1987; Ord. No. 320, § 7(part), 1997)

A. Purpose. The exotic animal permit is established to permit the keeping of animals that are not household pets, as defined in section 17.96.945 (Household Pets).

B. Procedure.

1. Written applications shall be filed with the director; except, that no application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous 12 months, unless the previous application is denied without prejudice by the director, or on appeal by the planning commission or city council. An application for an exotic animal permit shall contain the following information:

a. The name and address of the applicant and of all persons owning any or all of the property proposed to be used. If applicant does not own the subject property, written permission from the owner to make such application must be included with the application;

b. The address and legal description of the subject property;

c. The reason for the request;

d. A sketch or plan indicating the area and dimensions of the building or enclosure in which the animal or animals are to be kept and the location and the dimensions of all other structures on the subject and adjacent properties; however, no sketch or plan shall be required if the subject of the application involves only the height of fences;

e. The names and addresses of all persons who are shown on the latest available assessment roll of the county as owning property within 500 feet from the exterior boundaries of the subject lot or parcel;

f. A fee, as established by resolution of the city council; and

g. Other appropriate information as the director may require.

2. The director shall mail a notice to all property owners shown on the application. The notice shall state the location of the subject property, the intent of the application and the recipient's right to oppose the permit. All opposition to the permit must be submitted in writing to the director within ten working days after the mailing of such notice.

3. The director shall approve an application for an exotic animal permit where the information presented by the applicant substantiates the following findings:

a. That the permit, if issued, will not be detrimental to the public health, safety or general welfare; and

b. That the proposed site is adequate in size and shape to accommodate the proposed use without material detriment to the use, enjoyment or valuation of properties in the vicinity of the site, and that the requested use is an appropriate use of the site.

4. The director may impose such conditions on permits as are deemed necessary to ensure that animals will be maintained in accordance with the provisions of this chapter.

5. The director shall deny the application where the information presented by the applicant fails to substantiate the required findings to the satisfaction of the director.

6. The notice of decision of an exotic animal permit shall be given by the director to the applicant and any interested person, pursuant to section 17.80.040 (Notice of decision by director) of this title. Any interested party may appeal the director's decision to the planning commission pursuant to section 17.80.050 (Appeal to Planning Commission) of this title. The decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

7. Each permit shall be permitted to continue until the lot or parcel is sold or transferred, unless a different time period is specified by the city. For purposes of this subsection, the term "change of ownership" shall not include inter-spousal transfers in cases of divorce, or inheritance by a spouse or child.

8. The permit may be terminated upon the occurrence of the following:

a. The subject lot or parcel is subdivided, reduced in size or is combined with one or more other lots or parcels; or

b. A violation of any of the conditions upon which the permit was granted.

9. The director shall cause each exotic animal permit that is issued to be recorded with the county recorder in order to provide notice of the terms of the permit.

(Code 1981, § 17.76.110; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 18, 11-15-2011)

A. Large domestic animal permit.

1. Purpose. A large domestic animal permit may be issued by the director to allow the following large domestic animal keeping in an Equestrian Overlay (Q) District, provided the review criteria described in subsection (A)(3) of this section can be made:

a. The keeping of five to six large domestic animals on a developed lot or parcel;

b. The keeping of one to six large domestic animals on a vacant lot or parcel which is contiguous to a developed lot that is under the same ownership or control as the vacant lot, not to exceed a total of six large domestic animals per lot.

2. Application.

a. Written application shall be filed with the director. The applicant shall be the owner of the land on which the animals will be kept. No application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous 12 months, unless the previous application is denied without prejudice by the director, or on appeal by the planning commission or city council. An application to the director, for a large domestic animal permit shall be executed under the penalty of perjury and shall contain the following information:

i. The name and address of the applicant and of all persons owning or leasing any or all of the property proposed to be used;

ii. The address, legal description and ownership of the subject property;

iii. The total number of animals presently being kept and proposed to be kept on the subject property;

iv. A statement identifying the owner of each animal kept and/or proposed to be kept on the subject property;

v. The reason for the request;

vi. A sketch or plan indicating the area and dimensions of the building or enclosure in which the animal or animals are to be kept and the location and the dimensions of all other structures on the subject and adjacent properties; however, no sketch or plan shall be required if the subject of the application involves only the height of fences;

vii. The names and addresses of all persons who are shown on the latest available assessment roll of the county as owning property adjacent to the proposed animal keeping use, including parcels which are located directly across any public or private right-of-way from the subject property;

viii. A fee, as established by resolution of the city council; and

ix. Other appropriate information as the director may require.

b. The director shall mail a notice to all property owners and lessees shown on the application. The notice shall state the location of the subject property; the intent of the application; and the recipient's right to oppose the permit before the director. All opposition to the permit must be submitted in writing to the director within ten working days after the mailing of such notice.

3. Review criteria. The director shall approve an application for a large domestic animal permit, where the information presented by the applicant substantiates the following findings:

a. The lot or parcel on which the animals will be kept meets the minimum lot area animal keeping requirements described in section 17.46.020 (Number of Large Domestic Animals Permitted Without Approval of a Permit) of this title; and

b. No more than four large domestic animals will be boarded on any developed lot, or on any combination of contiguous developed or vacant parcels which are under the same ownership or control as the developed lot. For purposes of this finding, the term "boarding" shall mean the keeping or maintaining of large domestic animals that are not owned by the owners or lessees of the lot or parcel upon which the animals are being kept or maintained.

4. Director action.

a. The director may impose such conditions on permits as are deemed necessary to insure that animals will be maintained in accordance with the provisions of chapter 17.46 (Equestrian Overlay (Q) District) of this title.

b. The director shall deny the application where the information presented by the applicant fails to substantiate the required findings to the satisfaction of the director.

5. Notice of decision. The notice of decision of a large domestic animal permit shall be given by the director to the applicant and any interested person, pursuant to section 17.80.040 (Notice of decision by director) of this title. Any interested person may appeal the director's decision to the planning commission, and the planning commission's decision to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

6. Permit life.

a. Each large domestic animal permit shall continue in perpetuity unless a different time period is specified by the director, or on appeal by the planning commission or city council. The permit may be terminated upon the occurrence of the following:

i. The subject lot or parcel is subdivided, reduced in size or is combined with one or more other lots or parcels; or

ii. A violation of any of the conditions upon which the permit was granted.

b. The director shall cause each large domestic animal permit issued to be recorded with the county recorder in order to provide notice of the terms of the permit.

B. Conditional large domestic animal permit.

1. Purpose. Except as noted below, a conditional large domestic animal permit may be issued by the planning commission pursuant to the provisions of section 17.46.070 of this title or by the city council to allow:

a. The following animal keeping in an Equestrian Overlay (Q) District, provided the planning commission or city council determines that the findings described in subsection (B)(3) of this section can be made:

i. The keeping of one to six large domestic animals on a vacant lot or parcel that is not contiguous to a developed lot or parcel that is under the same ownership or control as the vacant lot or parcel;

ii. The keeping or maintaining of more than six large domestic animals on any developed or vacant lot or parcel;

iii. The keeping of one or more cows on a vacant or developed lot or parcel;

iv. The operation of an equestrian facility or program by a registered nonprofit 501(c)(3) corporation which provides a benefit to youth or the physically or mentally challenged or has a similar philanthropic purpose that is directly related to and advanced by the proposed equestrian program or facility; however the planning commission's action regarding such applications shall be advisory only, and the final action on such applications shall be taken by the city council;

v. Variations from the terms and requirements of chapter 17.46 (Equestrian Overlay (Q) District) of this title by the keeper of the animals, including, but not limited to:

(A) The minimum lot or parcel size required to maintain large domestic animals;

(B) The dimensions or locations of fences, enclosures, corrals, barns and other structures; except, that the 35-foot minimum setback to habitable structures set forth in section 17.46.060(A)(1) of this title, cannot be reduced;

(C) The screening requirements;

(D) The animal waste control requirements; and

(E) For registered nonprofit 501(c)(3) corporations only, the following additional variations may be requested:

(1) An increase in the allowable number of animals to be kept or boarded on a lot or parcel, provided that the other requirements of this chapter are adhered to;

(2) The operation of an active outdoor recreational facility or program which provides a benefit to youth or the physically or mentally challenged or has a similar philanthropic purpose, provided that it does not result in significant adverse effects upon other properties in the vicinity of the site; and

(3) Alternatives to the requirement for impermeable paving of off-street parking areas, provided they do not result in significant adverse effects upon drainage and/or soil stability.

b. The keeping of one or more large domestic animals on lots or parcels not located within an Equestrian Overlay (Q) District.

2. Application.

a. Written applications shall be filed with the director. The applicant may be either the owner of the land on which the animals will be kept or a lessee, registered nonprofit 501(c)(3) corporation or other party, as authorized in writing by the owner of the land. In the case of applications for the operation of an equestrian facility or program by a registered nonprofit 501(c)(3) corporation, the applicant must be the nonprofit corporation with the consent of the property owner if different from the nonprofit corporation. No application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous 12 months, unless the previous application is denied without prejudice by the planning commission, or on appeal by the city council. An application to the planning commission or city council for a conditional large domestic animal permit shall be executed under penalty of perjury and shall contain the following information:

i. The name and address of the applicant and of all persons owning or leasing any or all of the property proposed to be used;

ii. The address, legal description and ownership of the subject property;

iii. The total number of animals presently being kept and proposed to be kept on the subject property;

iv. A statement identifying the owner of each animal kept and/or proposed to be kept on the subject property;

v. The reason for the request, including, if applicable, a complete description of any nonprofit outdoor active recreational equestrian facility or program, including:

(A) The type of activity proposed;

(B) The days and hours of operation;

(C) The average and maximum number of animals and participants on the site at a given time, including employees, volunteers and clients; and

(D) The number and types of vehicles likely to be present during hours of operation;

vi. A sketch or plan indicating the area and dimensions of the building or enclosure in which the animals are to be kept and the location and the dimensions of all other structures on the subject and adjacent properties; however, no sketch or plan shall be required if the subject of the application involves only the height of fences;

vii. The names and addresses of all persons who are shown on the latest available assessment roll of the county as owning property within 500 feet of the proposed animal keeping use;

viii. A fee, as established by resolution of the city council;

ix. Evidence of the registered nonprofit 501(c)(3) corporation status of the applicant, if applicable; and

x. Other appropriate information as the director may require.

b. The director shall mail a notice to all property owners shown on the application. The notice shall state the location of the subject property; the intent of the application; the date, time and place of the hearing before the planning commission or city council; and the recipient's right to oppose the permit before the planning commission or city council. All opposition to the permit must be submitted in writing to the director within ten working days after the mailing of such notice.

3. Findings. The planning commission or city council shall approve an application for a conditional large domestic animal permit, where the information presented by the applicant substantiates the following findings:

a. That no more than four large domestic animals will be boarded on any vacant or developed lot, or on any combination of contiguous parcels which are owned or under the control of the same individual. For purposes of this finding, the term "boarding" shall mean the keeping or maintaining of large domestic animals that are not owned by the owners or lessees of the lot or parcel on which the animals are being kept or maintained;

b. That the permit, if issued, will not be detrimental to the public health, safety or general welfare;

c. That the proposed site is adequate in size and shape to accommodate the proposed use without material detriment to the use, enjoyment or valuation of properties in the vicinity of the site;

d. That the requested use is an appropriate use of the site; and

e. For nonprofit equestrian facilities or programs, only the following four findings are required for approval:

i. That the project applicant is a registered nonprofit 501(c)(3) corporation;

ii. That the permit, if issued, will not be detrimental to the public health, safety or general welfare;

iii. That any increase in the number of animals that would otherwise be allowed by the provisions of chapter 17.46 of this title to be kept or boarded on the property and/or the operation of an active outdoor recreational facility or program which provides a benefit to youth or the physically or mentally challenged or has a similar philanthropic purpose will not have significant adverse effects upon other properties in the vicinity of the site; and

iv. That the cumulative impact, should the requested permit be issued, upon the properties in the vicinity of the site or the community as a whole, shall not, in the aggregate, constitute a significant adverse impact upon the area.

4. Planning commission or city council action.

a. The planning commission or city council may impose such conditions on permits as are deemed necessary to ensure that animals will be maintained in accordance with the provisions of this chapter. Such conditions shall include, but are not limited to, an increase in the setbacks between animal keeping areas and adjacent residential structures, additional parking requirements, additional screening requirements, additional waste control requirements and reasonable limitations upon the days, hours and other operating characteristics of any nonprofit equestrian facility or program, including the number, placement and screening of self-contained chemical toilets for the use of program participants.

b. The planning commission or city council shall deny the application where the information presented by the applicant fails to substantiate the required findings set forth in subsection (B)(3) of this section to the satisfaction of the planning commission or city council.

5. Notice of decision. The notice of decision of a conditional large domestic animal permit shall be given by the director the applicant and any interested person, pursuant to section 17.80.040 (Notice of decision by director) of this title. Any interested person may appeal the planning commission's decision to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

6. Permit life.

a. Each conditional large domestic animal permit shall continue in perpetuity, unless a different time period is specified by the planning commission, or on appeal by the city council, or pursuant to subsection (B)(6)(b) of this section; or unless the permit allows the keeping or maintaining of large domestic animals, in which case the permit shall terminate when the lot or parcel is sold or transferred. For purposes of this subsection (B)(6), change of ownership shall not include inter-spousal transfers in cases of divorce or inheritance by a spouse or child.

b. In the case of nonprofit equestrian facilities or programs, the conditional large domestic animal permit shall be granted to the applicant and not to the owner of the subject property, if different from the applicant. The approval of the conditional large domestic animal permit shall be valid for an initial period not to exceed two years from the date of the approval by the city council, and for as long as the applicant continues to utilize the property where the facility or program is conducted in accordance with the terms of the approved permit. In addition, within six months of the commencement of the operation of the facility or program, the operation of the facility or program shall be reviewed by the city council to determine if any conditions of approval need to be added, deleted or modified. At the end of the initial two-year permit period, the city council shall conduct a hearing and may extend the approval for the permit for an additional period of time to be determined by the city council, not to exceed ten years. If the applicant discontinues, vacates or abandons the use of the property where the facility or program is conducted, the rights, privileges and obligations granted by a conditional large domestic animal permit shall terminate. The applicant may, however, request the transfer of the rights, privileges and obligations granted under an existing conditional large domestic animal permit to another property, subject to the following requirements:

i. The existing permit must be valid and the facility or program must be operating in compliance with all of the conditions of approval for the permit.

ii. The request to transfer the permit must be submitted in writing, accompanied by additional and/or updated application materials as specified in subsection (B)(2)(a) of this section.

iii. The request to transfer the permit shall be reviewed by the planning commission and the city council as a revision to the existing conditional large domestic animal permit, pursuant to the required findings and public hearing and notification requirements specified under subsections (B)(3) through (5) of this section.

c. The permit shall be terminated upon the occurrence of the following:

i. The subject lot or parcel is subdivided, reduced in size or is combined with one or more other lots or parcels;

ii. A violation of any of the conditions upon which the permit was granted;

iii. For registered nonprofit 501(c)(3) equestrian facilities or programs, the applicant discontinues, vacates or abandons the use of the subject lot or parcel in accordance with the terms of the approved permit for a period of more than 180 days;

iv. For registered nonprofit 501(c)(3) equestrian facilities or programs, the underlying property owner rescinds the authorization for the use of the property by the registered nonprofit 501(c)(3) corporation; or

v. For registered nonprofit 501(c)(3) equestrian facilities or programs, the applicant no longer qualifies for registered nonprofit 501(c)(3) status, as described in section 17.78.010 of this title. Proof of the registered nonprofit 501(c)(3) status of the applicant must be provided to the director on an annual basis.

d. The director shall cause each conditional large domestic animal permit issued to be recorded with the county recorder in order to provide notice of the terms of the permit, with the exception of those conditional large domestic animal permits issued to registered nonprofit 501(c)(3) organizations under the provisions of subsection (B)(1)(a)(iv) of this section.

(Code 1981, § 17.76.115; Ord. No. 194, § 15(part), 1985; Ord. No. 320, § 7(part), 1997; Ord. No. 354, § 7(part), 2000; Ord. No. 529, §§ 20—30, 11-15-2011)

A. Purpose. This section provides procedures and standards for operating video game arcades, as defined in chapter 17.96 (Definitions) of this title.

B. Applicability. Any new video game arcade, and any existing video game arcade that has been closed for business for more than 180 consecutive calendar days, shall not be developed or opened for business unless a conditional use permit is issued by the planning commission pursuant to the requirements of this section and chapter 17.60 (Conditional Use Permits) of this title.

C. Nonconforming uses. Any existing video game arcade shall comply with the standards of this section within one year of the adoption of this section unless deviation from these standards is authorized by a conditional use permit. Any intensification of a use at any existing video game arcade, such as an increase in the number of arcade games or the addition of other arcade uses, requires approval of a conditional use permit pursuant to this section and chapter 17.60 (Conditional Use Permits) of this title.

D. Development standards. The standards of the commercial zoning district in which the video game arcade is located shall apply. The planning commission may require additional standards that the planning commission deems necessary to protect the public health, safety and welfare, as well as to ensure that the video game arcade will be compatible with the surrounding uses. Such additional standards may include, but shall not be limited to:

1. Security program. The establishment of a security program similar to that described in section 17.76.080(D)(1) (Convenience Stores) of this title, that requires:

a. Attendance by all management personnel at a sheriff's crime prevention class to acquaint them with personal safety, security and crime prevention techniques, and other law enforcement concerns. Proof of attendance must be provided annually prior to business license renewal;

b. Staffing of the premises with at least two employees during all hours that the store is open to the public;

c. Adequate interior and exterior security lighting;

d. The counter area to be readily visible from the street at all times;

e. A policy concerning the amount of cash available at the register; and

f. A limited access money depository on the premises.

2. Operation. Restrictions on the days and hours of operation, and on the location of the video game machines on the property.

3. Location. If a video game arcade constitutes the primary use on a lot or parcel, said video game arcade shall be located a minimum of 100 feet from any residential or institutional building, other than residential or institutional accessory buildings that are not designed for occupancy, such as storage sheds or detached garages.

4. Use. If a video game arcade constitutes an ancillary use on a lot or parcel, only actual patrons of the primary use shall play the arcade games.

5. Parking. If a video game arcade constitutes the primary use on a lot or parcel, one parking space for each video game machine, plus one parking space for each full-time employee shall be required.

6. Hours of operation. Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. for any video game arcade located within 300 feet of a residential or institutional use or zone.

(Code 1981, § 17.76.120; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 17, 11-15-2011)

A. Purpose. The city finds and declares that it is necessary to adopt this section to promote the public health, safety and general welfare by providing for field research for geologic reports. Where this section is in conflict with other city ordinances, the stricter shall apply.

B. Approval required. A geologic investigation permit is required for all investigative trenching, boring or grading, performed mechanically or by hand. Such trenching, boring or grading shall pertain only to the accumulation of necessary data. If the geologic investigation requires a permanent alternation of the property, resulting in grading which exceeds 20 cubic yards or more of earth movement, approval of a grading permit shall also be obtained pursuant to section 17.76.040 (Grading Permit).

C. Application. Prior to issuance of a geologic investigation permit, the following shall be submitted to the director:

1. A completed geologic investigation permit application on a form furnished by the city. The application shall be signed by the owner of the property where the work is to be performed, or by their duly authorized agent. An agent's authority must be shown in writing. The director may require additional information as necessary to carry out the purposes of this section;

2. Unless waived by the director, the application shall be accompanied by scaled plans or drawings which show the following:

a. A plot plan of the subject property, at a reasonable scale, identifying all property lines, easements, existing and proposed structures, accurate contours of existing topographic conditions, ingress and egress routes to be used, all grading for access routes and trenching, and the location of all trenching and boring sites;

b. The location of any existing structure on an adjacent property if within 15 feet of the proposed investigation, whether or not that structure is located on the lot where the investigation is to occur;

3. A list of all equipment to be used;

4. Any additional plans, drawings or calculations deemed necessary by the director, to demonstrate that the proposed investigation complies with the provisions of this title;

5. An application fee, as established by resolution of the city council;

6. A deposit fee for any off-site placement of material. If excavated material, in excess of 20 cubic yards, is to be deposited off the site, the applicant shall deposit with the city a deposit fee, established by resolution of the city council, in the form of cash, check or money order as security for the proper removal of the excavated material, before being granted a geologic investigation permit allowing such excavation. Such excavated material shall be disposed of in the manner set forth and at the location indicated on the city's Notice to Contractors and Property Owners—Requirements for Removal of Excavated Materials. Upon submission to the city of dump receipts which substantiate the proper removal of all excavated material from the investigation site, as shown on the notice, the deposit shall be returned. Failure to present valid receipts to the city within 180 days of final approval, cancellation or expiration of the geologic investigation permit shall result in forfeiture of the security deposit. Forfeited deposits shall be placed in the general fund of the city and used to cover the cost of removing illegally dumped material; and

7. A deposit fee for any restoration of the site required by the city. Such deposit shall be refunded upon completion of the site restoration to city standards. If the site is not restored within 30 days of the completion of the investigation, the city may restore the site and utilize the deposit for that purpose. If the restoration by the city exceeds the amount of the deposit, the city shall assess the property owner for the outstanding cost of the restoration as per city procedures.

D. Criteria for evaluation of a geological investigation permit. The director shall assess an application for a geologic investigation in light of the following criteria:

1. The trenching, boring or grading for temporary access does not exceed that necessary for the gathering of necessary data.

2. The trenching, boring or grading does not significantly adversely affect the visual relationships with, or the views from, neighboring sites.

3. The trenching, boring or grading minimizes disturbance to the natural contours.

4. The trenching, boring or grading takes into account the preservation of natural topographic features and appearances.

5. The trenching, boring or grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation.

6. The trenching, boring or grading avoids, where possible, or minimizes disturbance to archaeological or paleontological resources.

E. Conditions upon issuance. In granting any approval under this chapter, the director may impose such conditions thereto as may be reasonably necessary to prevent danger to public or private property, to prevent the operation from being conducted in a manner likely to create a nuisance, or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions so imposed by the director. Such conditions may include, but shall not be limited to:

1. Limitations on the hours of operation in which work may be performed;

2. Designation of routes upon which materials may be transported and means of access to the site;

3. Designation of the place and manner of disposal of excavated materials and of the acquisition of fill materials;

4. Requirements as to the mitigation of dust and dirt, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care and respect for the property rights, convenience and reasonable desires and needs of said neighbors;

5. Designation of maximum or minimum slopes to be used;

6. Regulations as to the use of public streets and places in the course of the work; and

7. Requirements that the site be reasonably restored to its previous condition, including, but not limited to, replacement of any earth that was disturbed and reseeding and/or replanting of any vegetation that was removed.

F. Appeal. Any interested person may appeal any decision or any condition of the director to the planning commission and of the planning commission to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.76.130; Ord. No. 320, § 7(part), 1997)

A. Purpose. This section provides criteria for the development, operation and regulation of bed and breakfast inns in the city. These criteria ensure that bed and breakfast inns are developed and operated on adequate sites, at proper and desirable locations with respect to surrounding land uses, and the goals and objectives of the general plan and any applicable specific plans. These criteria further ensure that if located in residential districts, bed and breakfast inns are compatible with a residential environment.

B. Applicability.

1. Conditional use permit required. In zoning districts where such conditional uses are allowed by this title, the development of a bed and breakfast inn or the conversion of any portion of an existing use or structure into a bed and breakfast inn shall require the approval of a conditional use permit by the planning commission pursuant to the requirements of this chapter and chapter 17.60 (Conditional Use Permit) of this title.

2. Findings. In order to approve a conditional use permit for a bed and breakfast inn, the planning commission must make the findings listed below and the findings listed in chapter 17.60 (Conditional Use Permits) of this title:

a. That the proposed bed and breakfast inn will not contribute to the undesirable proliferation of such uses;

b. That the operation of the proposed bed and breakfast inn will not adversely affect adjacent or nearby residences;

c. If located in a residential zoning district, that the operation of the proposed bed and breakfast inn will not alter the residential character of the neighborhood or create vehicular or pedestrian traffic which changes the residential character of the neighborhood and dwelling unit where the bed and breakfast inn is being operated.

C. Development standards.

1. Residential interface. If the proposed bed and breakfast use is located within or adjacent to a residential zoning district, the following standards shall be imposed to reduce the impact of the bed and breakfast inn on adjacent residential uses:

a. Public entrances. Public entrances and loading areas shall be designed or screened so as to avoid facing an adjoining residence.

b. Guest arrivals. Guests are not permitted to check in or check out between the hours of 10:00 p.m. and 7:00 a.m.

c. Use. The establishment and conduct of a bed and breakfast inn in a residential zoning district shall not change the principal residential character of the use of the dwelling unit, nor shall there be any exterior evidence of the bed and breakfast use being conducted. The bed and breakfast inn use shall be clearly incidental to the residential use.

2. Lighting. The lighting provisions of section 17.56.040 (Environmental Protection) shall apply and all exterior lighting shall be arranged and shielded to prevent off-site illumination. In residential zoning districts, only ground-oriented, shielded or diffused lighting shall be allowed.

3. Signage. Signage related to the bed and breakfast inn use shall only be allowed in nonresidential zoning districts and shall conform to the requirements of section 17.75.040 (Sign Permit).

4. Parking. One paved off-street parking space for every bedroom available for lodging shall be provided on the property on which the bed and breakfast use is located.

5. Employees. With the exception of one outside employee, there shall be no employment of help in connection with the operation of the bed and breakfast inn other than the individuals residing at the residence.

6. Appearance. All structures must comply with general appearance, setbacks and landscaping standards and regulations applicable to the principal zoning district in which the bed and breakfast inn is located.

7. Noise. There shall be no noise or other disturbance created by the bed and breakfast inn use.

8. Location. A bed and breakfast inn shall not be located within 1,000 feet of any other bed and breakfast inn.

9. Operation. The operators of a bed and breakfast inn must reside on the property on which it is located and the site shall be maintained in a neat and orderly manner and operated as specified by the conditional use permit.

10. Intensification of use. Any accessory activities or improvements that change or intensify the use of a bed and breakfast inn previously approved through a conditional use permit by the planning commission, including, but not limited to, the addition of bedrooms or exterior improvements, shall require prior review and approval by the director. The director has the discretion to refer the requested activity to the planning commission for review.

D. Enforcement. In the event that written complaints are received regarding the operation of a bed and breakfast inn, the director shall investigate and may refer the complaints to the planning commission. The planning commission will hold a public hearing to review the complaints, the conditional use permit or other approvals, pursuant to chapter 17.60 (Conditional Use Permits).

1. Public hearing. If a public hearing is held to review the conditional use permit, the planning commission may add, delete or modify conditions of approval, or revoke the conditional use permit pursuant to section 17.86.060 (Enforcement) of this title.

2. Appeal. Any decision by the planning commission to add, modify or delete conditions of approval, or to revoke the conditional use permit may be appealed to the city council pursuant to section 17.80.070 (Appeal to city council) of this title.

(Code 1981, § 17.76.140; Ord. No. 320, § 7(part), 1997)

Whenever any provision of this title requires, or authorizes the city to require, the preparation of a geological or geotechnical report to evaluate the effect of any proposed building, grading and/or construction or the proposed use of a site, as part of such geological review the property owner shall disclose all of the following information:

A. The identity of every licensed geological or geotechnical professional that has been engaged, hired or consulted (hereafter collectively referred to as "engaged") to study the geological condition of the property by any of the following:

1. The owner of the property that is the subject of the application;

2. The applicant, if different from the property owner;

3. Any agent or representative of the owner or applicant, including any real estate licentiate or attorney.

B. Any evidence, whether written or oral, documenting data gathered by or the impressions and/or conclusions of the geological or geotechnical professionals identified in subsection A of this section. Such evidence includes, but is not limited to, statements made by the geological or geotechnical professionals, written notes, reports, draft reports, and field logs.

C. All known geological data regarding the property, including any reports or analyses obtained by prior owners of the property that is the subject of the application, or by prior applicants, if such reports or analyses have been disclosed or made available to the current property owner or the applicant, regardless whether such data was relied upon by the property owner or the applicant or by the geological or geotechnical professionals identified in subsection A of this section.

D. If the current property owner or applicant replaced any licensed geologist or geotechnical professional identified in subsection A of this section, an explanation regarding the reasons why that geologist or geotechnical professional was replaced. The explanation must include an affidavit or declaration signed under penalty of perjury stating whether the geologist or geotechnical professional was replaced in whole or in part because the geologist or geotechnical professional provided information that might adversely affect the application.

E. Whether any licensed geologist or geotechnical professional that has been engaged by the property owner disagreed with or questioned any conclusions contained in any report identified in subsection B or C of this section.

(Code 1981, § 17.76.160; Ord. No. 387, § 3, 2003)

The director of planning, building and code enforcement shall consult with the floodplain administrator (director of public works) to determine whether an application proposes new construction or other development within a floodprone area, as defined in chapter 15.42 of this Code.

(Code 1981, § 17.76.170; Ord. No. 441, § 4, 2006)

Cargo containers shall not be stored, maintained, or otherwise kept on any property within the city except as follows:

A. Temporary construction storage. One or more cargo containers may be used for temporary storage in conjunction with construction allowed through an active building permit, in accordance with the provisions set forth in section 17.56.020(E) of this Code. The time period for which a cargo container may be used for temporary construction storage under this subsection is limited to the time when the building permit is active, as determined by the city's building official.

B. Temporary emergency storage. In the event that a structure in any zoning district becomes uninhabitable due to an involuntary act, or due to a voluntary act against the structure, which is not the fault of the property owner or lessee, one or more cargo containers may be used for temporary storage of household materials until said structure is repaired or reconstructed, but for no more than 180 days unless additional time is approved by the director of planning, building, and code enforcement. After 180 days, the location of the cargo container is subject to the review and approval of the director of planning, building, and code enforcement and the building official.

C. City-owned property and city uses. For city-owned property and city uses (regardless of the underlying zoning district), one or more cargo containers for storage use may be permitted with approval of the city manager. The number of cargo containers allowed and the time period for which a cargo container may be used under this subsection shall be established by the city manager.

D. Residential zones. The use of cargo containers as integral structural elements of a residence utilizing a conventional foundation system may be permitted, provided that all applicable zoning and building code requirements are satisfied.

E. Portuguese Bend landslide area. For parcels within the most continuously and actively moving portion of the Greater Portuguese Bend Landslide Complex as defined in section 15.20.020, and that have a primary street of access from one of the following streets—Cherry Hill Lane, Kumquat Lane, Limetree Lane, Peppertree Drive, Pomegranate Road, Roseapple Road and Tangerine Road—the use of one cargo container per developed parcel for storage may be permitted through a special use permit application after 15-day notice is provided to adjacent property owners, provided the cargo container is substantially screened from view from any other private property, public right-of-way, or street easement, subject to the review and approval of the director of planning, building, and code enforcement. The applicant shall construct a silhouette of the proposed cargo container to demonstrate to the director that this provision will be satisfied. The cargo container shall also be modified as determined necessary by the director so as to mimic the appearance of a residential accessory structure, including, but not limited to, application of siding and false roof elements. The enclosed area of the cargo container shall not count as additional structure size for the purposes of section 15.20.040 of this Code.

F. Landslide area. One or more cargo containers may be used as a specialized foundation for a structure located in the areas identified as "Portuguese Bend landslide" and "Abalone Cove landslide" as determined by the city geologist and shall not apply in other areas of the city or other portions of the Greater Portuguese Bend Landslide Complex per section 15.20.020, but only if such use has been approved by the building official, pursuant to section 15.04.060 of this Code.

G. Development standards. The following development standards shall apply to all cargo containers:

1. Unless incorporated into the design of a residence that meets all the applicable zoning and building code regulations pursuant to subsection E of this section:

a. Cargo containers shall not be used for human habitation.

b. Cargo containers shall not have any factory-built or field applied plumbing, heating, or air conditioning systems.

c. Cargo containers shall not be stacked on top of each other or on any structure.

2. Except for temporary construction storage or temporary emergency storage, a scaled site plan drawn to show the location of all existing buildings, parking spaces, and the size and location of the proposed cargo container shall be submitted. Additionally, the site plan shall show all slopes on the lot, as well as all slopes adjacent to the subject site.

3. Except as otherwise permitted pursuant to subsection E of this section, cargo containers shall be set back a minimum five feet from any property line and a minimum ten feet from any structure.

4. Cargo containers shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways or any area designated or used for emergency access.

5. Refuse and/or debris shall not be stored in, against, on, or under the cargo container.

6. The cargo containers shall be constructed of metal, except for a wood floor within the metal shell. Structural plans and calculations are not required.

7. The keeping of animals in cargo containers is not permitted at any time.

8. Cargo containers shall not be placed on extreme slopes (i.e., 35 percent steepness or greater).

9. Each cargo container permitted pursuant to this section shall be painted an earth-tone color that is approved by the director of planning, building, and code enforcement. No cargo container may contain any names, logos, or other markings painted on, or otherwise attached to, the exterior of the container.

10. Any permitted cargo container shall not exceed a height of eight feet and six inches, a width of eight feet, and a length of 40 feet.

H. Amortization. All cargo containers existing in the city as of the effective date of the ordinance codified in this section (September 21, 2007) shall conform to the requirements of this subsection.

1. Cargo containers for which prior approval was granted by the city or another agency with jurisdiction over permit issuance shall be allowed to remain, subject to continued compliance with their original conditions of approval, if any.

2. Cargo containers that have been installed without prior approval of the city shall be allowed to remain for one year after which they shall be brought into conformance with the requirements of this chapter or removed within 90 days of the date written notice is mailed to the property owner. Penalty fees are waived for all applications submitted within this period.

(Code 1981, § 17.76.180; Ord. No. 462, § 9, 2007; Ord. No. 696, § 6, 12-2-2025)

A. Purpose. This section provides criteria for the development, operation and regulation of single-room occupancy facilities. These criteria ensure that single-room occupancy facilities are developed and operated on adequate sites, at proper and desirable locations with respect to development patterns, adjacent land uses, and the goals and objectives of the general plan and any applicable specific plans.

B. Development standards. The following development standards shall apply to single-room occupancy facilities:

1. Lot area per unit. No minimum lot area per unit standard shall apply to single-room occupancy facilities.

2. Unit size and occupancy. The minimum size of a single-room occupancy unit shall be 150 square feet and the maximum size shall be 220 square feet which may include bathroom and/or kitchen facilities.

3. Common area. A minimum of ten square feet per unit or 250 square feet, whichever is greater, shall be provided for common area. All common area shall be within the building. Recreation rooms, meeting rooms, dining rooms, or other similar areas approved by the director may be considered common area. Shared bathrooms and kitchens shall not be considered as common areas.

4. Management. A single-room occupancy management plan shall be submitted to, reviewed, approved and enforced by the community development director. The management plan shall be approved prior to issuance of a certificate of occupancy. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures, and staffing needs, including job descriptions. A 24-hour resident manager shall be provided for any single-room occupancy use with 12 or more units.

5. Development standards. Except as to the development standards expressly set forth herein, single-room occupancy shall meet the commercial development standards of the district in which it is located.

6. Parking. One parking space for every two units shall be provided, with a minimum of two parking spaces for the entire facility.

7. Kitchen facilities. In each unit, a kitchen sink serviced with hot and cold water with a garbage disposal and a countertop measuring a minimum of 18 inches wide by 24 inches deep shall be required. A complete kitchen facility available for residents shall be provided on each floor of the structure if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.

8. Bathroom facilities. For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one shower or bathtub facility for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

[Figure]

(Code 1981, § 17.76.190; Ord. No. 518, § 9, 4-5-2011)