Title 9 — Planning and Zoning[1]

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Title 9 - Planning and Zoning[[1]]

Footnotes:

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Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Chapters 9.1 through 9.11. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Chapters 9.01 through 9.11.

Chapter 9.01 - General Provisions

Sec. 9.01.010. - Purpose.

This Title has been adopted in accordance with Government Code §§ 65800 et seq. and is established to:

(1)

Serve the public health, safety, and general welfare;

(2)

Implement the General Plan; and

(3)

Provide the economic and social advantages resulting from an orderly planned use of land and resources.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.020. - Title.

This Ordinance shall be known as the Planning and Zoning Title of the City of Rancho Santa Margarita Municipal Code or the "Rancho Santa Margarita Zoning Code."

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 4, 11-14-2007)

Sec. 9.01.030. - Authority.

This Zoning Code is adopted pursuant to Article XI Section 7, of the Constitution of the State and in compliance with the requirements of Government Code Title 7, Planning and Zoning Law, for the purpose of promoting the public health, safety, and general welfare.

(1)

Development Services Director authority. Subject to the general control and supervision of the City Manager, the Development Services Director shall have the following duties, responsibilities, and authority for this Title, as well as other duties, responsibilities, and authority prescribed for the Development Services Director under other laws and ordinances, City regulations, and administrative provisions:

a.

The Development Services Director shall be responsible for the processing of all development applications in this Title, in accordance with the applicable provisions contained in that Section. Table 9.08.1 of Chapter 9.08 identifies which applications the Development Services Director has authority to approve or deny.

b.

The Development Services Director shall have authority or responsibilities assigned by the provisions of this Title. Said authority and responsibility may be delegated through deputies or assistants appointed by the Director for such purpose. Therefore, any time the term "Development Services Director" is used in this Title, it shall mean "Development Services Director or his/her designee."

c.

The Development Services Director shall be responsible for determining the applicable Section of this Title that applies when separate provisions of this Title appear to be in conflict.

d.

The Development Services Director shall review the plans and process building permit applications for subdivisions and create and assign official street addresses.

e.

The Development Services Director shall investigate and submit to the Planning Commission or City Council, his/her findings on appeals where it is alleged there is an error or abuse of discretion in any order, requirement, decision, or determination made during the administration of this Title.

(2)

Building Official authority. Subject to the general control and supervision of the City Manager or his/her designee, the Building Official shall have the following duties, responsibilities and authority for this Title, as well as other duties, responsibilities and authority prescribed for the Building Official under other laws and ordinances, City regulations, and administrative provisions:

a.

The Building Official shall be responsible for the following inspection and plan checking duties:

1.

To check plans and make structural inspections of residential and non-residential construction to ensure compliance with the latest adopted Uniform Building Code and other related codes and laws; and

2.

To check plans and make inspections of construction work for conformity with the latest adopted Mechanical Code, National Electrical Code, Uniform Plumbing Code and any other related Codes and laws.

b.

The Building Official shall have authority or responsibilities assigned by the provisions of this Title. Said authority and responsibility may be delegated through deputies or assistants appointed by the Building Official for such purpose. Therefore, any time the term "Building Official" is used in this Title, it shall mean "Building Official or his/her designee."

c.

The Building Official in cooperation with the Development Services Director shall issue certificates of use and occupancy for all building construction and modifications that may change the occupancy or building classification of existing buildings.

d.

Where any use of land, building, erection, construction, reconstruction, alteration or addition to any building or structure is being done contrary to the provisions of this Title, the Building Official may order the work stopped by notice in writing served to any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized to recommence by the Building Official.

(3)

Code Enforcement authority. Subject to the general control and supervision of the City Manager or his/her designee, the Code Enforcement Officer shall investigate all purported violations of any of the provisions of this Title, investigate complaints and conduct the follow up of violations to this Title, including serving as a courtroom witness.

(4)

City Engineer authority. Subject to the general control and supervision of the City Manager, the City Engineer shall have the following duties, responsibilities and authority for this Title, as well as other duties, responsibilities and authority prescribed for the City Engineer under other laws and ordinances, City regulations and administrative provisions:

a.

The City Engineer shall provide the engineering and technical review of plans, and field inspections of drainage, soil, and geological conditions relating to building, infrastructure, and earthwork construction as set forth in this Title.

b.

The City Engineer shall issue all transportation, grading, landscaping, and encroachment permits.

c.

The City Engineer shall have authority or responsibilities assigned by the provisions of this Title. Said authority and responsibility may be delegated through deputies or assistants appointed by the City Engineer for such purpose. Therefore, any time the term "City Engineer" is used in this Title, it shall mean "City Engineer or his/her designee."

(5)

Planning Commission authority.

a.

The Planning Commission authority is per Chapter 2.20. With respect to this Title, the Planning Commission shall have the authority and responsibilities described and illustrated in Chapter 9.08 and anywhere else the Planning Commission is identified within this Title.

b.

The Planning Commission's functions are identified in Table 9.08.1 in Chapter 9.08 and include:

1.

Reviewing certain applications and forwarding recommendations to the City Council; and

2.

Hearing and deciding appeals to Development Services Director decisions. In certain instances (see Chapter 9.08), the Planning Commission has the authority to approve, conditionally approve or deny an application, and their decision is final unless appealed to the City Council.

(6)

City Council authority. The City Council authority is per Chapter 2.10. With respect to this Title, the City Council shall have the direct authority and responsibilities described and illustrated in Chapter 9.08 Administration, and anywhere else the City Council is identified within this Title. The City Council's primary function is to consider various project applications and Planning Commission recommendations. The City Council has the authority to approve, conditionally approve or deny certain applications as identified in Table 9.08.1 of Chapter 9.08.

The City Council shall constitute the Board of Appeals for decisions by the Planning Commission. Only matters originally heard by the Planning Commission shall be appealable to the City Council and their decision is final (see Chapter 9.08). Appeals heard and decided by the Planning Commission are not appealable to the City Council.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 4, 11-14-2007)

Sec. 9.01.040. - Effect of provisions.

(a)

Effective date. Chapters 9.01 through 9.11 shall take effect and be in force on and after 30 days following the date of adoption.

(b)

Effectuation. The provisions of this Title governing the use of land, buildings and structures, the size of yards, abutting buildings and structures, height and bulk of buildings, standards of performance, and other provisions are in effect upon all lands within the City's jurisdiction.

(c)

Effect on existing laws and ordinances. The provisions of this Title shall not be interpreted to repeal, abrogate, annul, or in any way affect any existing provision of any statute, permit, deed restriction, or covenant adopted or issued relating to the use of land or buildings, or the erection, construction, moving, alteration or enlargement of any structure or improvement.

(d)

Effect on private agreements/development agreements. The provisions of this Title shall not interfere with, abrogate, or annul any easements, covenants, or other existing agreements between parties.

(e)

Effect on planned community texts and feature plans. The zoning map, standards, and regulations codified in this Title wholly replace the regulations of any previously approved planned community and feature plan documents. Improvements and development existing on or before (30 days following the date of adoption) and that do not conform to the property development and performance standards in this Title shall continue to exist as provided in Section 9.04.080, unless otherwise stated in this Title.

(f)

Effect on developed land. The provisions of this Title apply to new development, as well as to the modification and redevelopment of previously developed property, unless otherwise noted in Section 9.04.080. Improvements and development existing on or before (30 days following the date of adoption) and that do not conform to the property development and performance standards in this Title shall continue to exist as provided in Section 9.04.080 unless otherwise stated in this Title.

(g)

Effect on County Code. The provisions of this Title shall supersede and take precedence over any conflicting provision of the Codified Ordinances of the County of Orange that may have been incorporated into this Code by reference or that may have been saved from repeal therefrom.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 5, 11-14-2007; Ord. No. 13-01, § 11, 8-14-2013)

Sec. 9.01.050. - Interpretation.

(a)

Interpretation as minimum requirements. The provisions of this Title are held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

(b)

Interpretation duties. If ambiguity arises concerning the content or intent of this Title with respect to appropriate classifications, allowable uses, definitions, zone boundaries, height, yard, and setback requirements, or other standards or requirements, the Development Services Director shall ascertain all pertinent facts, and set forth the findings and interpretation(s). Unless such finding and interpretation is appealed to the Planning Commission, the Development Services Director's interpretation shall thereafter govern.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.01.055. - Consistency with all laws.

Notwithstanding any provision of this Code to the contrary, any use, entitlement, authorization, license, or permit allowed or issued under this Title, including without limitation any accessory or ancillary use, shall be consistent with applicable State and Federal law. Any permit, license, entitlement, or authorization issued in conflict with the provisions of controlling State or Federal law, or the provisions of this Title, shall be null and void.

(Ord. No. 09-05, § 1, 12-9-2009)

Sec. 9.01.060. - Definitions—General.

For the purposes of this Title, certain terms are hereby defined. Words used in the present tense shall include the past and future tense, and vice versa; words in the singular form shall include the plural form and vice versa; any gender includes the other gender. The words "shall" and "will" are mandatory and the word "may" is permissive.

Words and phrases used in the Zoning Code and not specifically defined shall be construed according to the context and approved usage of the language, and as ultimately determined by the Development Services Director.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 4, 11-14-2007)

Sec. 9.01.070. - "A" definitions.

Abandonment means the cessation of use and maintenance of a property by the owner for a specified period of time.

Abate means to end a nuisance, emergency, or nonconformance.

Abut or abutting means a parcel of land having a common boundary with another parcel of land, including parcels which have no common boundary other than a common corner.

Access means the place or way by which pedestrians and/or vehicles shall have safe, adequate and suitable ingress and egress to a property or use as required by this Title.

Accessory dwelling unit shall mean an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code § 17958.1, and a manufactured home, as defined in California Health and Safety Code § 18007.

Accessory structure or accessory building means a structure or building that is incidental to the principal structure. Such structures may be attached to or detached from the principal structure. Typical accessory structures would include, but are not limited to, garages, gazebos, workshops, sheds, decks, and patios. Except for accessory dwelling units and caretaker's residences as defined in this Title, accessory structures and buildings are not designed for human habitation.

Accessory use means a use of a portion of land or building that is customarily and clearly incidental and subordinate to the principal use of the land or building that is located on the same lot as such principal use. Accessory uses typically are very small in proportion to the principal use

Acreage, gross means the total land area within a defined lot or parcel of land before the exclusion of public streets and rights-of-way, public parks, public school sites and other public facilities.

Acreage, net means the total area of a site or lot minus any and all required dedications for public streets and rights-of-way, public parks, public school sites and other public facilities.

Adjacent means lying near or close to each other. Separated only by an alley, street, highway or recorded easement.

Adjoining means joined contiguous to, in contact with each other so that no third object intervenes.

Adult business. See Section 9.04.030 and Chapter 6.10.

Adult day care facility means any family home, group care facility, or similar facility (as determined by the State) licensed by the State to provide less than 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

Adult living facility. See "Rest home."

Affordable housing means housing which is rented or sold for an amount that is limited by a set percentage of the County median income, adjusted for family size, as reported and updated annually by the Department of Housing and Community Development (HCD) as defined in Government Code § 65589.5(h) (3).

Agent means any person authorized to act for the owner of a property by virtue of a notarized statement of authorization, a proof of contract to purchase, or a lease to the property.

Allowed means permitted pursuant to the regulation in this Title.

Alley means a narrow service way, either public or private, which provides a permanently reserved but secondary means of public access. Alleys are not intended for general traffic circulation, but for services and delivery access. Alleys are typically located along rear property lines.

Alteration means any interior or exterior change to a structure.

Amateur radio antenna means any antenna used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC) e.g., for a "ham" radio.

Animal, domestic means any tame and domesticated animal or household pet commonly maintained in a household.

Animal day care means a commercial recreation facility that provides nonmedical care to domestic animals, typically dogs, in need of supervision on less than a 24-hour basis. This classification includes activities such as feeding, exercising, grooming and incidental activities.

Animal hospital means a facility where animals are given medical or surgical treatment and are cared for during the time of such treatment. Same as "veterinary clinic."

Animal shelter means a facility providing short-term and long-term boarding for stray animals which may include services such as pet adoption, spay/neuter clinics and the reunion of pets and their owners.

Annexation means the incorporation of land area into the jurisdiction of the City with a resulting change in the boundaries of the City.

Antenna means any system of wires, poles, rods, reflecting disks or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices having active elements extending in any direction and directional parasitic arrays having elements attached to a generally horizontal boom which may be mounted upon a vertical support structure.

Antenna, dish means an antenna distinguished from a "conventional" antenna by the use of a parabolic or spherical disk.

Antenna, ground-mounted means an antenna, the entire weight of which is supported by a platform, framework, or other structural system, which system is affixed directly on or in the ground by a foundation and which system is freestanding, excluding lateral bracing to a building.

Antenna height means the overall vertical length of the antenna and grade, including any building on which the antenna is mounted.

Antenna, roof-mounted means an antenna, the entire weight of which is supported by the roof of a building through the use of a framework or other structural system.

Apartment means one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing two or more dwelling units for rent only.

Apartment building means a structure containing two or more apartment units.

Appeal means a request by a project applicant or other qualified individual or agency for a City body to modify, reconsider, or reverse a decision rendered by a subordinate City body or City staff.

Applicant means the owner(s) or lessee(s) of property, or their authorized agents, or person(s) seeking discretionary or nondiscretionary approval from the City.

Arcade means a series of arches, typically covered, supported by columns, pilasters, or piers.

Arcade, video means a business establishment containing four or more video, pinball, or similar playeroperated amusement devices for commercial use.

Architectural projection means anything attached to and extended outside the outer face of the exterior wall of a structure and not intended for shelter or occupancy, including, but not limited to, stairs, balconies, fireplaces, etc.

Area median income (AMI) means the median family income (MFI) of a geographic area, estimated by the U.S. Department of Housing and Urban Development.

Assisted living facility means an establishment that provides services to assist with daily activities, including, but not limited to, dressing, grooming, bathing, etc.

Attached means connected, or in a reference to dwelling units, sharing at least one common wall.

Attic means the uninhabitable space between the upper surface of the top floor and the roof above. An attic is not considered a story.

Auto repair, major means general repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, including, but not limited to, body work, framework, welding, and major painting service.

Auto repair, minor means the replacement of any part of repair or any part that does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting, and upholstering service.

Average daily traffic (ADT) means the average number of vehicles using a traveled way for a 24-hour period determined by dividing the total number of vehicles for a stated period by the number of days in that time period. In calculating vehicle trips, trucks with trailers shall be adjusted to a passenger car equivalent.

Awning means a nonstructural roof-like cover that is attached to and projects from the wall of a structure.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-02, § 1, 4-27-2011; Ord. No. 18-01, §§ 4, 5, 2-142018; Ord. No. 24-07, § 3, 9-11-2024)

Sec. 9.01.080. - "B" definitions.

Balcony means a platform construction that projects from the wall of a building and is surrounded by railing.

Bar means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises for which the license has been issued.

Base district or base zoning district means a portion of the city within which only certain land uses and structures are permitted and certain standards are established for development of land.

Basement means an area of a structure partially or completely underground. A basement is not considered a story unless over 50 percent of its height is above finished grade.

Bed and breakfast means a private, owner-occupied establishment, that provides overnight lodging and breakfast for compensation.

Boarding or rooming house means a residential building, other than a rest home, containing a single dwelling unit and not more than five guest rooms or suites of rooms where lodging is provided with or without meals, for compensation.

Brewery pub means a commercial business that conducts the retail sale of beer which is brewed on the premises.

Building means any structure having a roof supported by columns or walls, not including vehicles.

Building, accessory. See "Accessory structure."

Building coverage means a percentage referring to that portion of a lot covered only with principal and accessory buildings. See also "Floor area ratio (FAR)."

Building exposure means a building wall which is parallel to or visible from a public or private street, highway, or designated parking area.

Building frontage means the length of the longest building elevation facing a street.

Building line means the exterior wall surface of a building, exclusive of architectural projections or eaves.

Building, main means the primary or principal structure on a property in which the principal use is located.

Building, main residential a residential building that is the main building on a residential lot.

Building height means the vertical distance from finished grade or flood protection elevation to the highest point of the roof of a building or to the highest point of a structure other than a building. Chimneys and finials are not included in determining building height.

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Building site means the ground area of a lot; or the ground area of two or more lots when used in combination for a building or permitted group of buildings, together with all open spaces as required by this Title.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.090. - "C" definitions.

Car wash, automated means an enclosed building/facility designed for self-service wash and/or wash of motor vehicles by mechanical means only.

Caretaker means a person residing in a home on a property, whose duties include, but are not limited to, direct care, supervision, or maintenance of the property or uses on the property.

Caretaker's residence (permanent) means a residence located on a premises with a main non-residential use and occupied only by a caretaker or guard employed on the premises, and his/her family.

Caretaker's residence (temporary) means a temporary accessory structure containing living quarters and kitchen facilities for housing persons responsible for administering, overseeing, or maintaining security for the main use on the site during the construction period.

Carport means a permanent roofed structure not completely enclosed, and designed for vehicle shelter or storage.

Catering means a business, which prepares its food on-site to be served and consumed off-site. Catering does not include drive-through restaurants.

CC&R. See "Conditions, covenants and restrictions."

Cellular means an analog or digital wireless communication technology.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Center means a commercial or professional use, consisting of one or more buildings sharing common facilities such as off-street parking, access, or landscaping.

Certificate of use and occupancy means a required document issued by the Department of Building and Safety prior to occupation or use of buildings erected or structurally altered that acknowledges that such use, structure, or building complies with the provisions of this Code.

Changed plan means a modification to a site development permit.

Channel letters means individual letters or figures, illuminated or non-illuminated, affixed to a building or freestanding sign structure.

Check cashing facility means a non-bank business that for compensation engages in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. Check cashing facility does not include a retail seller engaged primarily in the business of

selling consumer goods that cashes checks or issues money orders as a service that is incidental to its main purpose or business.

Child day care center or child care nursery means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family child day care homes.

Children's home means one or more buildings used for the semi-permanent, 24-hour care of orphans or other children deprived of parental care, operated by a public agency or a philanthropic or charitable organization, but shall not include commercial enterprises operated by such organizations.

Church means a structure or portion of a structure that is used primarily for religious worship and related religious activities.

Clinic means any facility used for outpatient medical services.

Clubs and lodges (private) means buildings and facilities, owned or operated by a for-profit or non-profit corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation.

Co-located means the usage of a single support structure and/or site by more than one wireless communications provider.

Collection facility means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public.

Commercial means a land use or other activity involving the sale of goods or services for financial gain.

Commercial recreation means a land use or other activity that provides recreational opportunities for financial gain, including, but not limited to "animal day care," "dance studios" and "fitness classes."

Commercial district means a zoning district allowing specified commercial activities including General Commercial (C), Neighborhood Commercial (NC), and Business Park (BP).

Common open space means a type of open space area that is readily accessible for use by the residents and visitors of a multi-family residential or mixed-use development. Common open spaces are designed and reserved for outdoor living and social gathering, active and passive recreation, and pedestrian access and amenities. See Section 9.01.210 for "open space area" definition.

Community care facility means any facility that provides residential care, day treatment or adult day care for children, adults, or both. See also "Residential care facility."

Community facility means a noncommercial use established primarily for the benefit and service of the population of the community in which it is located.

Conditional use means a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the planning commission and granting of a conditional use

permit imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity.

Conditional use permit (CUP) means a permit issued by the City authorizing establishment and operation of a conditional use.

Conditions, covenants and restrictions (CC&Rs) means a set of private agreements recorded against property deeds, which set down certain rules and regulations governing the development and use of said properties.

Condominium means an estate in real property consisting of an undivided interest, in common, in a portion of a parcel of real property together with a separate interest in a building on such property.

Congregate care facility means a facility for long-term residence, which shall include common dining and social and recreational features, special safety and convenience features designed for the needs of the elderly and/or disabled, and provision of social services for residents, which must include at least two of the following: meal services, transportation, housekeeping, linen, and organized social activities.

Contiguous. See "Adjoining."

Convalescent facility means a building, wherein for compensation, nursing care is provided for persons suffering from illnesses, other than mental or contagious, which are not of sufficient severity to require hospitalization.

Cornice means a projecting shelf along the top of a wall supported by a series of brackets; the exterior trim where a roof and wall meet, consisting of soffit, fascia, and molding.

CUP. See "Conditional use permit."

Custom house means a house designed especially for construction on a particular residential lot.

Cybercafe. See Chapter 6.09.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 24-07, § 4, 9-11-2024)

Sec. 9.01.100. - "D" definitions.

Dance studio means any premises on which there is conducted all of the following:

(1)

A program of instruction involving live dance;

(2)

Instruction is offered indoors; and

(3)

An instructor is present in the classroom while any participants are present.

Day care/day nursery. See "Child day care center."

Deck means a structure without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. May include porches and balconies.

Density means the number of dwelling units per acre of land.

Density bonus means a minimum density increase of at least 25 percent over the maximum residential density.

Density bonus housing agreement means a legally binding agreement between a developer and the City to ensure that the requirements of Government Code § 65915 are satisfied.

Design means the physical aspects of a development, road improvement, or other construction project. Design includes, but is not limited to, street alignment, grading, landscaping, site layout, building elevations, and signage.

Detached housing. See "Dwelling, single-family detached."

Development project means a public or private-sector venture involving the development, construction, structural or site modification, or redevelopment of commercial, industrial, residential, or other properties.

Development plan means a plan created to describe a proposed development on a specific building site.

Development standard means a numerical maximum or minimum requirement set for each zoning district and regulating the development of building sites. Such standards include, but are not limited to, building setbacks, street frontage, and lot sizes.

Dish antenna. See "Antenna, dish."

District or zoning district means a "base district" or "overlay district."

District, base. See "Base district."

District, overlay. See "Overlay district."

Drive-through means any use or structure, such as a bank, restaurant, or automatic teller machine (ATM) that is designed and intended to be used to provide for sales and/or services to patrons who remain in their vehicles.

Driveway means a traveled way providing vehicular access to a property in single ownership or a nonresidential joint land use of more than one property from an alley or a street.

Duplex means a building designed or used exclusively for occupancy by two households and containing two attached dwelling units.

Dwelling means a building or portion thereof used exclusively for residential purposes.

Dwelling, multiple family means a dwelling within a building on one lot, containing separate living units for three or more rental or homeownership households, having separate or joint entrances, and including

apartments, condominiums, and townhomes.

Dwelling, single-family attached means a structure or structures designed to contain two or more dwelling units under separate ownership on one lot that is under common ownership.

Dwelling, single-family detached means a detached building designed or used exclusively for occupancy by one household and containing one dwelling unit.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-02, § 2, 4-27-2011; Ord. No. 18-01, § 6, 2-14-2018)

Sec. 9.01.110. - "E" definitions.

Easement means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege, or benefit out of or over said land.

Eave line means the bottom of the roof eave or parapet.

Electric vehicle (EV) ready space means a parking space served by a complete electric circuit with proper capacity to accommodate an EV charger in accordance with the requirements of the electrical code in Title 10 of the Rancho Santa Margarita Municipal Code in effect at the time of building permit issuance. The service panel or sub panel and the termination location shall be labeled "EV Ready." The termination point shall accommodate a receptacle within ten feet of the designated EV ready space.

Emergency shelter means a facility that provides shelter and services to homeless families and/or homeless individuals on a limited short-term basis.

Employee means any person employed by a firm, business, educational institution, nonprofit agency, corporation, government agency, or other entity.

Employee housing means residential accommodations provided or designated by an employer for the use of their employees in accordance with the Employee Housing Act, Health and Safety Code Sections 17000 et seq.

Environmental impact report (EIR) means a detailed statement setting forth the environmental effects, considerations, and mitigation measures pertaining to a project pursuant to Section 21100 of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines.

Environmental review means the process of determining the impact of proposed projects on the environment. The review process shall be carried out in accordance with the California Environmental Quality Act and the guidelines of the City.

Equestrian trail means a right-of-way or easement, public or private, designated for the riding of horses. Such trails may also include pedestrian use (hiking trails) and off-road non-motorized bicycle use.

Exception means a minor modification(s) to restrictions or requirements set forth in this Title, and which has no potential for adversely impacting adjacent property.

Extraction operation, commercial the removal or displacement of sand, gravel, rock, aggregate, clay, or similar materials conducted for financial gain.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-02, § 3, 4-27-2011; Ord. No. 24-07, § 5, 9-11-2024)

Façade means the exterior "face" or elevation of the building, extending from grade to the eaves or the top of the parapet wall and the entire width of the building elevation.

Family care home means a small or large family care home licensed by the State providing 24-hour, nonmedical care for persons, including mentally or physically handicapped persons.

(1)

Large family care home means a home that provides care for seven to 14 persons, including children under the age of 18 years who reside at the home.

(2)

Small family care home means a home that provides family care for six or fewer persons including children under the age of 18 years who reside at the home.

Family child day care home means a licensed home that regularly provides care, protection, and

supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

(1)

Large family day care home means a home that provides family day care for seven to 14 children, inclusive, including children under the age of ten years who reside at the home.

(2)

Small family day care home means a home that provides family day care for six or fewer children, including children under the age of ten years who reside at the home.

Fence means an artificially constructed barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement. Does not include natural barriers such as hedges, shrubs, trees, or other natural growth.

Fenestration means the arrangement, proportioning, and design of windows, doors, and other exterior openings in a building.

Final map means a subdivision map prepared by or under the direction of a licensed land surveyor or registered civil engineer in accordance with the California Subdivision Map Act, and which is intended to be placed on record in the office of the County Recorder.

Fitness class means an instructional use including all of the following:

(1)

Fitness activities, including but not limited to aerobics, boxing, cheerleading, gymnastics, kickboxing, weight training, martial arts, yoga, or Pilates;

(2)

Instruction is offered indoors; and

(3)

An instructor is present in the classroom while any participants are present.

Fitness facility means any premises in which a range of indoor and/or outdoor fitness activities and classes are offered.

Flag means any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, or other entity.

Floor area, gross means the sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Gross floor area excludes basements and attics, the surface area of tennis courts, swimming pools, driveways, parking spaces, decks, and porches.

Floor area ratio (FAR) means the ratio between the total gross floor area of all buildings on a lot and the total area of that lot (figure 9.01.2).

Footcandle means a unit of illumination on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.

Fortune telling means an activity or establishment involving the foretelling of the future or predicting and providing advice on or about future events for financial or other valuable consideration. Fortune telling includes uses where the fortune is told through astrology, palm reading, psychometry, card or tea reading, clairvoyance, crystal gazing, divination, magic mediumship, phrenology, prophecy, spiritual reading, or similar means. Fortune telling does not include advice or forecasting based on historical trends or given during licensed medical care.

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Frontage, street means the length of a property line abutting a street.

Fuel dispensing station. See "Gas station."

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 24-07, § 6, 9-11-2024)

Sec. 9.01.130. - "G" definitions.

Game machine means any electric or electronic machine (e.g., pinball, video games) that provides amusement, enjoyment or entertainment and that may be operated upon the insertion of a coin or token. This term shall not include juke boxes, children's mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise.

Garage means a building or a portion of a building used primarily for the parking of vehicles belonging to the occupants of the property.

Gas station means a commercial business which conducts the retail sale of motor vehicle and related petroleum-based fuels including but not limited to gasoline, diesel, ethanol, and propane fuels. Automobile service and repair is not included.

General plan means the General Plan of the City adopted by the City Council.

Grade means the lowest horizontal elevation of the finished surface of the ground, paving or sidewalk at a point where the height is to be measured; the degree of rise or descent of a sloping surface.

Grading means an excavation, filling in, spreading, or moving of earth, sand, gravel, rock, or other material on a lot, building site, street right-of-way or other land area.

Gross floor area means the area included within the surrounding exterior finish wall surface of a structure or portion thereof, excluding the courtyards.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 18-01, § 7, 2-14-2018)

Sec. 9.01.140. - "H" definitions.

Hazardous waste means a waste, or combination of wastes, which because of its quality, concentration, toxicity, corrosiveness, flammability, or physical, chemical, or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

HCD means the State Department of Housing and Community Development.

Home occupation means a business activity conducted in compliance with Section 9.05.060.

Homeless shelter. See "Emergency shelter."

Hookah bar means a primary or incidental use which offers the use of hookahs or other similar smoking devices.

Hospital means an establishment, licensed by the State Department of Health Services, which provides accommodations, facilities and services over a continuous period of 24 hours or more, for observation, diagnosis, treatment or care of human patients who are suffering from mental or physical illness.

Hotel means a structure or group of structures containing six or more guest rooms or suites offering temporary lodging accommodations to the general public.

Housing development project has the same meaning as defined in subdivision (h) of Section 65589.5 of the Government Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-02, § 4, 4-27-2011; Ord. No. 24-07, § 7, 9-11-2024)

Sec. 9.01.150. - "I" definitions.

Improvement means the construction of infrastructure and all related appurtenances, bridges, utilities, pedestrian-ways, bikeways, equestrian trails, or landscaping and irrigation in connection with an approved development or public works project, whether involving the subdivision of land or not.

Interested person means a person who either:

(1)

Participates in one or more public meetings or hearings held to consider an application for a land use decision;

(2)

Is a recipient of legally-required notice of a proposed land use decision; or

(3)

Is the owner of property that is the subject of a proposed land use decision.

Internet cafe. See "Cybercafe."

Irrevocable offer of dedication (IOD) means an offer made to the City for the dedication of land or facilities which, at any time, may be accepted by Resolution of the City Council.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.160. - "J" definitions.

Junk means cast off, used or scrap material of any sort.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Kennel means any place where four or more domestic animals, four months of age or older, are kept or maintained for the purpose of boarding, breeding, raising, or training for a fee or for sale.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.180. - "L" definitions.

Landscape boundary area means the planted area consisting of trees, shrubs, groundcover, or turf that borders a project site.

Landscaping means the planting and maintenance of some combination of trees, groundcover, shrubs, vines, flowers or lawn. In addition, the combination or design may include natural features such as rock and stone, and structural features including but not limited to fountains, reflecting pools, art work, screens, walls, fences, and benches.

Laundromat means a facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Logo means a trademark, copyright, or symbol of an organization which is consistently used within the conducting of the business activity.

Lot means any numbered, lettered, or otherwise designated parcel of land shown on:

(1)

A recorded tract map;

(2)

A record of survey map recorded pursuant to an approved division of land; or

(3)

A parcel map.

Lot area, gross. See "Acreage, gross."

Lot area, net. See "Acreage, net."

Lot cluster means any single lot, or a group of adjacent lots having a single uninterrupted perimeter boundary enclosing all of the lots.

Lot, corner means a lot situated at the intersection of two or more streets as shown in Figure 9.01.3.

Lot coverage means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves, as shown in Figure 9.01.5.

Lot depth means the distance between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot, flag means a parcel of land shaped like a flag; the staff is a narrow strip of land providing vehicular and pedestrian access to a street, with the bulk of the property lying to the rear of other lots, as shown in Figure 9.01.3.

Lot, interior means a lot other than a corner lot, as shown in Figure 9.01.3.

Lot line means a line separating one lot from another or from a public right-of-way.

Lot line adjustment means the reconfiguration of lot lines where an equal or lesser number of lots are created.

Lot line, front means:

(1)

A line separating an interior lot from a street or highway;

(2)

A line separating the narrower street frontage of a corner lot from a street or highway, unless otherwise specified by deed restriction;

(3)

In the case of lots set back from the street, with long narrow portions for access, the line, or series of lines, delimiting the front of the buildable portion of the lot shall be established as the front lot line, as shown in Figure 9.01.4.

Lot line, rear means a lot line which is opposite and most distant from the front lot line; and, in the case of an irregular, triangular, or other non-rectangular lot, a line a minimum of ten feet in length within the lot,

approximately parallel to and at the maximum distance, within the lot, from the front lot line, as shown in Figure 9.01.4.

Lot line, side means any lot boundary line, not a front lot line or a rear lot line. On a corner lot, the street right-of-way line with the greatest amount of street frontage shall be the side lot line, unless otherwise specified by deed restriction, as shown in Figure 9.01.4.

Lot, through means a lot that extends between two parallel or approximately parallel streets, with frontage and access points on both streets, as shown on Figure 9.01.3.

Lot width means the minimum horizontal distance between the side lot lines measured at a point midway between the front and rear lot line.

Low barrier navigation center means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low-barrier navigation center includes any facility that meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code.

Lower slope means in relation to terraces on manufactured slopes, the lower slope shall be that portion of the slope below the terrace.

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Figure 9.01.3: Lot Types

==> picture [432 x 223] intentionally omitted <==

Figure 9.01.4: Lot Lines

==> picture [264 x 233] intentionally omitted <==

Figure 9.01.5: Lot Coverage

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 24-07, § 8, 9-11-2024)

Sec. 9.01.190. - "M" definitions.

Main residential building. See "Building, main residential."

Manufactured housing means housing that is constructed of manufactured components, assembled partly at the site rather than totally at the site, and as defined in the California Health and Safety Code § 18007. Also referred to as "modular housing" or "factory-built housing."

Marijuana business means any activity, whether or not carried out for commercial gain, which involves cultivation, possession, manufacture, processing, storage, laboratory testing, labeling, transportation,

distribution, or sale of marijuana or any marijuana-infused products. This definition shall include any of the foregoing activities conducted by or on behalf of a qualified patient or the primary caregiver of a qualified patient. All references in this Section to "marijuana business," shall be synonymous with "marijuana dispensary," "mobile marijuana dispensary," and "marijuana cultivation site," which are defined in Section 9.05.140. The term "marijuana business" shall not include "personal cultivation of marijuana," as defined in Section 9.05.140.

f of a qualified patient or the primary caregiver of a qualified patient. All references in this Section to "marijuana business," shall be synonymous with "marijuana dispensary," "mobile marijuana dispensary," and "marijuana cultivation site," which are defined in Section 9.05.140. The term "marijuana business" shall not include "personal cultivation of marijuana," as defined in Section 9.05.140.

Massage establishment means any business or establishment with a fixed location within the City of Rancho Santa Margarita where any individual, firm, association, partnership, limited liability company, corporation, or combination of individuals, offers, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massage services, as defined in Chapter 4.02, within the City, including the business office of a sole provider who provides massage services at such business office. Any type of business or establishment at which massage services are provided shall be considered a massage establishment for purposes of this Title, regardless if the business holds itself out as something other than a massage establishment and/or also offers or provides other types of products or services. Any business or establishment that offers any combination of massage services and sauna facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage establishment under this Title.

Mini-mart or food convenience store means a business offering for sale food products both fresh and refined, including but not limited to fresh fruits and vegetables, prepackaged and processed food products, dairy products, baked goods, and beverages within a building less than 5,000 square feet.

Mini-storage. See "Self-storage facility."

Mixed-use development means a development that includes non-residential and residential uses on the same development site, developed as a cohesive project and designed with a blend of various compatible uses such as commercial, office, and residential.

Mobile home or manufactured home means a home built on a permanent steel chassis in a factory to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974 and installed either with or without a permanent foundation.

Model home means a dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rent in a particular subdivision or other residential development approved by the City. Model homes may also incorporate sales or rental offices for dwellings within the development.

Modular or factory built home. See "Manufactured housing."

Monopole means a structure composed of a single spire used to support antennas or related equipment.

Motel means an establishment otherwise defined as "hotel" with at least 25 percent of all rooms having direct access to parking areas without the necessity of passing through the main lobby of the building.

Multi-tenant means a building occupied by more than one business or organization.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 13-01, § 3, 8-14-2013; Ord. No. 16-05, § 4, 10-12-2016; Ord. No. 17-02, § 5, 5-24-2017; Ord. No. 17-03, § 3, 9-13-2017; Ord. No. 18-01, § 8, 2-14-2018; Ord. No. 24-07, § 9, 9-11-2024)

Sec. 9.01.200. - "N" definitions.

Noncommercial means a land use or other activity that does not involve the sale of goods or services for financial gain.

Nonconforming activity means an activity that, under the zoning regulations, is not itself a permitted activity where it is located or does not conform to the development standards, performance standards, or other requirements of the zoning district in which it is located.

Nonconforming structure means any structure upon land, including any sign, that was lawfully established and in compliance with all applicable ordinances and laws at the time the structure was built or the improvement made, but which, as a result of a subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zoning district in which the structure is located.

Nonconforming use means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established, but which, because of a subsequently enacted ordinance or law, no longer complies with all of the applicable regulations and standards of the zoning district in which the use is located.

Non-restricted units means all units within a housing development excluding units restricted for affordable housing.

NPDES means National Pollution Discharge Elimination Systems of the Clean Water Act.

Nursing home. See "Rest home."

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.210. - "O" definitions.

Objective development standard means a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal.

Open space areas means:

(1)

Land area not devoted to or covered by structures or any area serving motor vehicles (such as parking areas, loading areas, driveways, streets, or alleys), and not part of any required yard;

(2)

Areas not a part of a manufactured or altered slope having a ratio of steeper than three to one (3:1); or

(3)

Areas with a minimum width of ten feet and a minimum contiguous area of 300 square feet.

Outdoor storage, permanent means the use of a premises or part of a premises not enclosed by a building, for the storage of materials or equipment, not otherwise classified as temporary storage.

Outdoor storage, temporary means the use of a premises or part of a premises not enclosed by a building, for the storage of materials or equipment for a period not greater than 30 days in a 60-day period.

Overlay district means a certain portion of the City wherein regulations relating to specific environmental and/or physical characteristics are imposed in addition to those of the zoning district covering the land in question.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 24-07, § 10, 9-11-2024)

Sec. 9.01.220. - "P" definitions.

Parapet means an architecturally integrated low wall, railing, or screen to protect the edge of a building's platform or roof.

Parcel means a contiguous quantity of land in the possession of, owned by, or recorded as the property of the same person.

Parcel map means a map, prepared by a registered civil engineer or licensed land surveyor, showing the subdivision of land into four or less lots in accordance with the provisions of the California Subdivision Map Act and this Title, and which shows detailed information sufficient for recordation by the County Recorder.

Parking facilities, off-site shall include any parking lot or structure for the parking of motor vehicles which serve a use or uses which are located on a different legal lot of record from that of the parking facility and do not directly adjoin the lot served. Off-site parking facilities do not include parking lots or structures which are classified as "joint use/shared parking" as provided by Section 9.06.090.

Parking facility means an area, either open or enclosed, within a structure or portion thereof, designed or used for the parking of motor vehicles.

Parking lot, public means an open parking facility which is not accessory to a structure or use on the same or another lot.

Parking management plan means a plan, the principal aim of which is to obtain maximum use from a limited number of parking spaces.

Parking, shared or joint use means a public or private parking area used jointly by two or more uses.

Parking space or stall means a designated area within a parking facility designed and used for the temporary parking of one motor vehicle.

Parking structure means a structure of two or more stories, whether privately or publicly owned, used for parking more than four automobiles.

Parkway means a piece of land located between the rear of a curb and the front of a sidewalk or between the sidewalk and property line, usually used for planting low ground cover and/or street trees and

separating pedestrians from vehicles within the right-of-way.

Patio means a level, surfaced area directly adjacent to a principal building open on one or more sides whose principal use shall be for outdoor entertaining and recreation.

Patio cover means a solid or open roof structure not exceeding 12 feet in height and covering a patio or deck. Patio covers may be detached or attached to another structure.

PC cafe. See "Cybercafe."

Pedestrian-oriented means a streetscape, building, or environment that is designed to accommodate, and is comfortable for the pedestrian. Building and street elements will relate and be scaled to a typical human body, including height and eye level (sightlines), walking stride and speed, perception of information, and the need for shelter from the elements. Used in contrast to car- or vehicle-oriented.

Pedestrian ways means a paved right-of-way for pedestrians that is separate and protected from the traveled portion of the roadway, and free from vehicular traffic.

Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

Pergola means an outdoor structure providing partial or complete shade, with vertical posts and a slatted or minimalist roof, which may be a freestanding structure or attached to the outer wall of a building.

Permit means any permit issued pursuant to the provisions of this Code, together with the application required for such permit, the conditions upon which such permit is issued, and the plans, specifications, reports, and approved modifications pertaining thereto.

Permitted use means a use permitted in a zone district which requires only ministerial approval.

Photovoltaic zone (PV zone) means the section of a roof designated and reserved for the future installation of a photovoltaic system.

Pilaster means a partial pier or column, often with a base, shaft, and capital that is embedded in a wall and projects slightly.

Planning commission means the Planning Commission of the City, unless some other commission, board or committee is indicated.

Planned community means communities developed per land use plans and development agreements that identify specific land uses, levels of development allowed, and important public facilities.

Porch means a covered deck, usually having a separate roof, at an entrance to a dwelling, which may or may not use columns or other ground supports for structural purposes.

Portico means a type of building entrance with a roof structure overhead and supported by columns or enclosed by walls.

Primary/principal use means the main purpose for which a structure or lot is designed, arranged, or intended, or for which either may be used, occupied, or maintained under this Title.

Primary street means a street in relation to a site that is the right-of-way with the higher street classification according to the City's circulation element, and which generally carries the greater volume of vehicular traffic.

Private outdoor space means an exterior area such as a balcony, deck, patio, or fenced yard located immediately adjacent to an individual dwelling unit, and only available for use by the residents of that dwelling unit.

Project means any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this Title.

Property line means a line separating parcels of real property having separate legal descriptions, or which separates a parcel from a public right-of-way.

Public facilities means uses principally of an institutional nature and serving a public need, such as hospitals, public schools, libraries, museums, post offices, police and fire stations, public utilities, and other public services.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 24-07, § 11, 9-11-2024)

Sec. 9.01.230. - "Q" definitions.

Quasi-public means a use owned or operated by a non-profit institution providing educational, cultural, recreational, religious, or similar types of public programs.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.240. - "R" definitions.

Recreational area means areas of active play or recreation such as sports fields, schoolyards, picnic grounds, or other areas with intense foot traffic.

Recreational vehicles means recreational vehicles include the following:

(1)

Travel trailer means a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses permanently identified as a travel trailer by the manufacturer;

(2)

Camper means a structure designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render as suitable for use as a temporary dwelling for camping travel, recreational and vacation purposes;

(3)

Motor home means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle for camping, travel, recreation, and vacation purposes; and

(4)

Full tent trailer means including boats, floats, and rafts plus the normal equipment to transport the same on a street or highway.

Recycling area means space allocated for the accessory use of collecting and loading of recyclable materials.

Recycling facility means a center for the collection of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or industrial use and used solely for the recycling of material generated by that tenant or owner.

Reimbursement agreement means a legal agreement between a person and a government agency whereby the person will be repaid a certain portion of the fees paid in connection with a development or subdivision when further development occurs in the area or other specified events take place.

Religious, fraternal or service organizations means churches and/or nonprofit organizations engaged primarily in performing charitable, benevolent, patriotic, employment-related or educational functions.

Residential care facility means any family home, group care facility, or similar facility (as determined by the State) licensed by the State to provide 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, provided by the California Community Care Facilities Act.

Residential density, maximum means the maximum number of residential units permitted by the City's General Plan Land Use Element and Zoning Code at the time of application, excluding the provisions of Section 9.05.040.

Residential district means generally, zoning districts for residential uses, including RL, RLM, RM and RH.

Residential project means a development project which will result in the construction of new dwelling units in the City. Such projects may or may not involve the subdivision of land.

Restaurant means a commercial establishment where food and beverages are prepared, served, and consumed.

Rest home means an institution or premises licensed by the State and used for the housing and care of the ambulatory, aged, or infirm and offering or providing lodging, meals, nursing, dietary or other personal services, but not including the care and treatment of persons with contagious or communicable disease, mental illness, or persons addicted to narcotics or alcohol. The term does not include places where there is surgery, physical therapy, or other similar activities, such as are customarily provided in hospitals. Rest homes also include residential care facilities for the elderly, nursing homes, assisted care facilities, convalescent homes, homes for the aged, veterans' homes and the like, plus other similar names signifying long-term care, which is personal and at most nursing help, rather than medical or surgical care.

Retail or retail sales means the sale of goods, merchandise, or commodities for consumption or use by the purchaser.

Reveal means an inner surface of an opening or recess in a wall, typically in relation to a window or door.

Reverse vending machine means an automated mechanical device that accepts at least one type of empty beverage containers including but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State.

Right-of-way means an area or strip of land, either public or private on which a right of passage has been recorded. Thus, "right-of-way" shall include a public right-of-way, an easement, a common lot containing a private street, or other public or private right of passage consistent with this definition.

Roadway means that portion of a street, highway, or alley right-of-way designed or used for accommodating the movement of vehicles. The roadway may or may not accommodate vehicle parking.

Roof, gable means a roof having a triangular portion of wall at one or both ends; or a roof sloping downward in two opposite directions from a central ridge, so as to form a triangular portion of wall at each end.

Roof, hip means a roof which slopes upward from all four sides of a building, requiring a rafter at each corner. A hip roof has no gables or other vertical sides.

Roof, mansard means a roof with a steep lower slope and a flatter upper slope on all sides, and having either a convex or concave shape.

Roof, shed means a roof having a single sloping plane, and no hips, ridges, or valleys.

Runoff means water that flows at a rate above the infiltration rate of soil which causes water to drain away on the surface from the landscape area it is intended to service.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 4, 11-14-2007; Ord. No. 24-07, § 12, 9-11-2024)

Sec. 9.01.250. - "S" definitions.

Sanitary sewer means a conduit designed to carry sewage.

School means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

Screening means solid walls, solid fences or dense hedges, trees or other similar landscaped installed for the purpose of concealing from view the area behind such structure or hedges.

Secondhand store. See "thrift store."

Second dwelling unit. See "Accessory dwelling unit."

Senior citizen housing development means a housing development that has been designed to meet the physical and social needs of senior citizens as that phrase is used in California Civil Code § 51.3(b)(1) and

which qualifies as housing for older persons as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and implementing regulations.

Service commercial means retail establishments that primarily render services rather than goods. Such services may include, but not be limited to, copy shops, printing services, appliance repair, salons, photo processing, and postal and packaging services.

Setback means a minimum horizontal distance between the building line and the lot line; or when abutting a street, the minimum horizontal distance between the building line and the ultimate right-of-way line, as shown in Figure 9.01.6.

==> picture [220 x 374] intentionally omitted <==

Figure 9.01.6: Setbacks

Shopping center means a group of more than two retail stores and service establishments designed to serve as a unit with shared access and common parking.

Side street means a street joining and often terminated by a collector or arterial roadway as defined in the General Plan circulation element.

Sidewalk means that portion of a vehicular thoroughfare not within the roadway and set apart by curbs, barriers, markings or other delineations for pedestrian travel.

Sign means any medium of visual communication, including copy, artwork, structure, component parts, and humans which is used or intended to be used to attract attention to and identify an establishment, product, service, activity, location, or to provide information.

Sign, A-frame means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter A. Such signs are usually designed to be portable, hence they are not considered permanent signs.

Sign, abandoned means any display remaining in place or not maintained for a period of 90 days or more in a one-year period, which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the display is located.

Sign alteration means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or support of any sign or advertising device.

Sign, ancillary means a secondary or subordinate sign.

Sign, animated means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Sign area means the entire surface area of a sign including non-structural trim, but excluding the supports, uprights, or structures upon which the sign is supported. Sign area of cutout letters or displays include the total area within the periphery of the cutout letters or display. The sign area of advertising statuary is the entire surface area of the statuary.

Sign, banner means a temporary visual display device, with or without copy, usually rectangular in shape made of flexible material, usually cloth, paper, or plastic

Sign, bench means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way or that is visible from a public right-of-way.

Sign, billboard means an off-site sign used for advertising purposes and whose copy or message is changed from time to time.

Sign, blade. See "Sign, hanging."

Sign, building-mounted means a sign affixed to or painted on a building, including awning, window, or canopy.

Sign, cabinet means a sign that contains all the text and/or symbols within a single enclosed cabinet and may or may not be illuminated.

Sign, campaign or political means a temporary political sign, which may include any advertising device or sign, not otherwise prohibited by this Title, which is designed to influence the passage or defeat of any measure on the ballot or designed to influence the voters with respect to the nomination, election, defeat or removal of a candidate from public office at any National, State or local election.

Sign, can. See "Sign, cabinet."

Sign, canopy means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Sign, City means a sign erected and maintained by the City for public informational, directional or safety purposes.

Sign, commercial center means a freestanding sign which identifies the name and/or address of a commercial center and which may also identify the principal tenants of the center.

Sign, community neighborhood identification means a monument or wall sign within the boundaries of a residential development or subdivision containing only the name and/or identifying symbol of the community, residential development, or subdivision.

Sign, construction means a sign containing information pertaining to a future development or on-going construction on the site where the sign is located, including the name of the project, developer, contractor, architect, financing source, future occupant(s), and other information directly related to the development.

Sign copy means any words, letters, numbers, designs, logos, or other symbolic representations incorporated into the face of a sign.

Sign, directional means a sign directing motorists or pedestrians to parking or building entrances or providing similar directional information.

Sign, directory means a sign or group of signs attached to a building or freestanding that identifies the business, owner, address, or occupation of a group of businesses, but contains no advertising.

Sign, double-sided means a single structure designed with the intent of providing copy on both sides.

Sign, electronic message board means a directly illuminated sign which presents variable advertising messages displayed by electronically controlled lighting pattern against a contrasting background, and which may be programmed to change the message display periodically.

Sign, externally illuminated means a sign made readable by projecting light onto or around the message or copy of the sign.

Sign face means the exterior surface of sign, exclusive of structural supports, on which is placed the sign copy.

Sign feature means a unique, artistic, two- or three-dimensional image reflective of a company's use, product or service.

Sign, flashing means a sign that contains an intermittent or sequential flashing light source.

Sign, freestanding means a sign supported by a base, uprights, or braces placed upon or into the ground and detached from any building.

Sign, freestanding pole means a sign supported upon the ground and mounted on poles and not attached to any building.

Sign, freestanding monument means a sign which is supported by a solid base of masonry, brick, block, or wood.

Sign, garage sale means a temporary sign announcing the limited sale, from a private resident, of goods, furniture, clothing, or similar articles.

Sign, gas or service station price means a permanent sign subject to State regulation, usually of a monument type, containing the prices and grades of fuel for sale at an automobile service station.

Sign, hanging means a sign hanging from a building canopy, arcade, or other structural member.

Sign height means the measurement from the top of the sign face to the average finished grade at the base of the sign.

Sign, identification means a sign whose commercial copy is limited to the name, type of business, and address of the building, business, office, establishment, person, or activity.

Sign, interior means a sign inside of any business that is located more than three feet from any window and cannot be seen from outside the building in which the business is located. An interior sign is not a window sign.

Sign, internally illuminated means a sign which a source of light is projected through a transparent material that consists of the letters of the message or sign copy.

Sign, major tenant means a business in a multi-tenant center which occupies more than 15 percent of the net building square footage of a building or whose building area is designated as a major tenant suite by the Planning Commission as part of an approved sign program.

Sign, marquee means a building-mounted sign which is attached flush to or painted on the front of a marquee or similar architectural projection.

Sign, mobile means a sign attached to or painted on a vehicle used for the purpose of transporting personnel or goods as part of the day-to-day operations of a business. A vehicle sign is not a mobile sign. A portable sign is not a mobile sign.

Sign, monument means an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base.

Sign, multi-faced means a single sign having two or more faces.

Sign, multiple means a sign structure to which are attached two or more separate signs.

Sign, neon means any glass tube lighting in which a gas and phosphors are used in combination to create a colored sign.

Sign, nonconforming means any temporary or permanent sign legally erected, established and maintained in conformance with the provisions of all applicable laws in effect at the time of original installation, but which does not conform to the number, size, placement, or other requirements of this Title.

Sign, off-site means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is not located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located.

Sign, on-site means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located.

Sign, painted means any sign which consists of paint or a similar substance applied directly to a building surface, such as a wall, window, rafter, canopy support, or applied directly to the surface of a sign face or structure.

Sign, pedestrian means a small sign readable primarily from the abutting sidewalk or other walkway, but generally not from the street.

Sign, portable means any sign designed to be moved easily and which is not permanently affixed to either the ground, a structure, or building, or vehicle.

Sign program means a plan created and submitted by a project applicant that lays out the number, location, types, heights, style, illumination, etc. of the signs on a property.

Sign, projecting means a building-mounted sign where the face is not parallel to the building, but which projects out at an angle.

Sign, real estate means a sign indicating that the premises on which the sign is located are for sale, lease, or rent.

Sign, revolving means a sign, which all or a portion of, may rotate either on an intermittent or constant basis.

Sign, roof means a sign erected upon or above the roof eave of a building or other structure.

Sign, separated panel means a single sign composed of individual panels separated by air space between the panels.

Sign, special event means a temporary sign which advertises special events and activities, such as charitable events.

Sign structure means the structural supports, uprights, and bracing for a sign.

Sign, suspended means a sign oriented toward pedestrians that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Sign, temporary means any sign that is used only temporarily and is not permanently mounted, such as signs to promote the sale of new products, new management, new hours of operation, a new service, or a special sale.

Sign, under canopy means a sign suspended beneath a projecting canopy, walkway cover, awning ceiling, said signs are considered building-mounted.

Sign, vehicle means a sign affixed to the vehicle indicating the name of the business which is using the vehicle. The sign copy is limited to the logo, name of business, address of business, and/or telephone number only.

Sign, wall means a sign attached to, erected against, or painted onto a wall of a building or other structure with the exposed face of the sign in a plane parallel to the wall.

Sign, window means any written representation, artwork, emblem, or other figure or similar character painted on or otherwise affixed to a window, excepting that portion of sign copy that identifies days and hours a business is open; any interior sign within three feet of any window and visible from off the subject building site shall be considered a window sign.

Single room occupancy means a building with a common entrance containing a cluster of rental units which provide sleeping and living facilities persons where kitchen and/or bathroom facilities may be shared.

Single tenant means a building occupied by a single business or organization.

Site means one or more parcels of land identified by the assessor's records where an integrated building development has been proposed or approved. The site shall include all parcels of land contained within or identified as a part of the development application. An integrated building development shall include all parcels served by common access ways, driveways, parking and landscaping.

Site development permit means a permit issued by the City, or permits issued by the County of Orange prior to incorporation of the City, for all new residential development projects, and non-residential development projects involving new construction, reconstruction, building additions (see Section 9.08.040(a)(2)), or structural or site modifications as defined herein.

Site plan means a plan indicating all of the improvements existing and proposed on and off the property (including grading, streets, buildings, utilities, and landscaping).

Slope means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

Spa. See "Swimming pool."

Special event means a temporary outdoor use that extends beyond the normal uses and standards allowed by this Title. Special events include, but are not limited to art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals, special auto sales, grand openings, festivals, home exhibitions, and church bazaars.

Specific plan means a plan, adopted by City ordinance, which shows the future physical development to be implemented within a specifically defined and circumscribed area of the City. The specific plan describes the types of land uses to be developed on each parcel; a plan for infrastructure in and adjacent to the specific plan area; and written standards, regulations and policies for such items as architectural design, open spaces, preservation of existing structures, and other relevant factors.

Stable, commercial means any place where horses or other equine are kept, housed, boarded, lodged, fed, hired, trained, sold, rented, or bred for monetary compensation.

Stable, noncommercial means any place where horses or other equine are kept for the use and enjoyment of the occupants of the premises, or a noncommercial facility for the use of a private homeowner association.

Storm drain means a conduit designed to carry storm-water runoff.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be that portion of a building included between the upper surface of the top floor and the ceiling or roof above. If the space between the upper surface of the top floor and the roof above is designed for habitation, then it is considered a story. In addition, if the bottom level, including basement, of a structure has more than 50 percent of its height above finish grade on any side, then it is considered a story.

Street means a right-of-way which provides a primary means of access for vehicular and pedestrian traffic to abutting properties.

Street frontage. "See Frontage, street."

Street, public means a street:

(1)

The right-of-way for which has been dedicated to and accepted by the City for public use; or

(2)

An easement for which has been granted to the City for public use.

Structure means anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground.

Supportive housing means a housing development, as defined in either Section 65582 or 65650 of the California Government Code, with no limit on length of stay, that is occupied by the applicable target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community.

Swimming pool means a man-made body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping or immersion purposes by humans.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-02, § 5, 4-27-2011; Ord. No. 16-03, § 6, 4-13-2016; Ord. No. 18-01, § 9, 2-14-2018; Ord. No. 24-07, § 13, 9-11-2024; Ord. No. 25-04, § 2, 10-8-2025)

Sec. 9.01.260. - "T" definitions.

Telecommunications facility. See "Wireless communication facility."

Temporary use means a use which is associated with a holiday or special event, or which is accessory to a permitted use and transitory in nature.

Terrace, slope means that level portion of a manufactured slope.

Theater means a premises used for giving dramatic performances or for showing motion pictures, with all functions and facilities contained within a building unless a drive-in theater is specified.

Thrift store means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. "Thrift store" does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.

Tot lot means a small area developed especially for preschool or elementary school aged children. It may contain such facilities as sand boxes, slides, teeter-totters, swings, climbing apparatus, etc.

Townhouse means A dwelling unit occupying its own lot but which is physically attached to at least one other dwelling unit.

Tract map means a map, prepared by a registered civil engineer or licensed land surveyor, showing the subdivision of land into five or more lots in accordance with the provisions of the California Subdivision Map Act and this Title, and which shows detailed information sufficient for recordation by the County Recorder.

Transitional housing means a form of supportive housing consisting of buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at some predetermined future point in time that shall be no less than six months from the beginning of the assistance.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-02, § 6, 4-27-2011; Ord. No. 24-07, § 14, 9-11-2024; Ord. No. 25-04, § 3, 10-8-2025)

Sec. 9.01.270. - "U" definitions.

Use means the purpose for which land or structures are arranged, designed or intended, or for which either land or structures are, or may be, occupied or maintained. "Use" includes construction, establishment, maintenance, alteration, moving onto, enlargement, operation, or occupancy.

Use, accessory. See "Accessory use."

Use, conditional. See "Conditional use."

Use, non-conforming. See "Nonconforming use."

Use permit, conditional. See "Conditional use permit."

Use, primary. See "Primary use."

Use, temporary. See "Temporary use."

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.280. - "V" definitions.

Value, building or improvement means the cash value of a building or improvement as determined by the Building Official or City Engineer in accordance with the building regulations adopted by the City.

Variance means a modification of any specific provision of this Title, granted by the City, after a public hearing, in accordance with applicable Sections of this Title.

Vehicle means a device with wheels capable of moving or being moved along the ground, on pavement, or on rails.

Veterinary clinic. See "Animal hospital."

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.290. - "W" definitions.

Wall means a constructed solid barrier of concrete, stone, brick, tile, wood, or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air, light, and noise.

Wall height means the vertical distance to the highest point of a wall as measured from ground.

Warehouse means a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosives or that present hazards or conditions commonly recognized as offensive.

Water feature means man-made feature, such as a pond, fountain, stream, or waterfall installed for landscaping or passive enjoyment purposes, not including pools or spas.

Wholesale or wholesale business means the sale of goods, merchandise, or commodities to a retailer or resaler rather than to the consumer.

Wireless communication facility means any facility, other than an amateur "ham" radio or satellite television dish antennas, that contains one or more antennas that are components of a communications network.

Worksite means a building, grouping of buildings, or property which are in actual physical contact or separated solely by a private or public roadway/right-of-way, and which are owned or operated by the same employer or by employers under common control.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.300. - "Y" definitions.

Yard means an open space on a lot or parcel of land which is unoccupied and unobstructed from the ground upward except as otherwise provided in this Code.

Yard, front means a yard extending across the full width of any building site between the side lot lines, and measured between the front lot line and the nearest line of any building. However, if any road easement or official ultimate right-of-way line has been established for the street upon which the site fronts, the front

yard shall be measured instead from such easement or ultimate right-of-way line to the nearest line of any building.

Yard, rear means a yard extending across the full width of any building site between the side lot lines, and measured between the rear lot line and the nearest line of any building.

Yard, side means a yard extending between the front yard and the rear yard of any lot and measured between the side lot line and the nearest line of any building opposite said lot line.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.01.310. - "Z" definitions.

Zoning district. See "District."

Zoning map, official means designated official map or maps which show the location and boundaries of the districts established by this Code and are referred to as the "Official Zoning Map" and incorporated as a part of this Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Chapter 9.02 - Enforcement, Violations, Abatement and Penalties

Sec. 9.02.010. - Enforcement.

The City Council, City Attorney, Chief of Police Services, Code Enforcement Officer, and any official charged with the issuance of licenses or permits shall enforce the provisions of this Title pursuant applicable procedures adopted by the City. Any permit, certificate or license issued after the effective date of this Title that conflicts with the provisions of this Title shall be void.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.02.020. - Violations

Any building or structure set up, erected, built, moved or maintained, or any use of property contrary to the provisions of this Title or any condition attached to the granting of any approval is hereby declared to be unlawful and a nuisance, and shall be punishable as set forth in this Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.02.030. - Abatement.

In addition to any penalties and remedies set forth in Chapter 1.03, the City may commence an action or proceeding for the abatement, removal, and enjoinment of such violation in the manner provided by law and shall take such other steps or shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use, and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or structure or using any property contrary to the provisions of this Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

The failure of any person to abide by and faithfully comply with an approved development plan, permit, certificate, license, or other approval, and any and all conditions which may be attached to the granting of such approval pursuant to the provisions of this Title shall constitute grounds for the revocation of such approval by the final approving body as provided in Chapter 9.08.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

All remedies concerning this Title shall be cumulative and not exclusive. Conviction and punishment of any person under the provisions of this Title shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, uses, structures, or improvements, and shall not prevent their enforced correction or removal.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

The permittee of any administrative or discretionary land use entitlement permit issued under the provisions of this Title shall agree to the following indemnity provision, as approved by the City Attorney: The permittee shall indemnify, defend, and hold the City, its officers, agents, employees, and representatives ("indemnitees"), harmless from and against any and all loss, damage, liability, claim, demand, suit, cost, and expense whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the issuance of any such permits or approvals and/or the installation, construction, maintenance, use, or operation of the work contemplated on private property, City property, or the public right-of-way for such permits, regardless of whether the indemnitees reviewed and approved any plans or inspected any work or improvement, including any encroachment, and regardless of whether such maintenance, repair, replacement, or condition was affected or caused by the indemnitees, except as provided by law.

(Ord. No. 20-04, § 4, 6-10-2020)

Chapter 9.03 - Zoning Districts and Standards ARTICLE I. - ESTABLISHMENT OF DISTRICTS

To carry out the purposes of this Title, the City is divided into the zoning districts identified in Table 9.03.1. These districts are consistent with and necessary to implement the City's general plan.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.03.020. - Official zoning map.[[2]]

(a)

Adoption. The boundaries of the districts designated and established by Section 9.03.010 shall be shown on a map entitled "Official Zoning Map, City of Rancho Santa Margarita" or as subsequently amended, and on file in the office of the City Clerk. The zoning map is adopted herein by reference and shall hereafter exist pursuant to and as an integral part of this Title.

(b)

Amendments—Notations. If changes are made in the district boundaries or other matters portrayed on the official zoning map, provided in Section 9.08.070 of the official zoning map/change of zoning district, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council. An entry listing the change shall be made on the official zoning map.

(c)

Replacement. In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council, by resolution, may adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereto.

Table 9.03.1 Zoning District/General Plan Designation Consistency Matrix

Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant part thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendments thereto.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 10-06, § 4, 10-13-2010; Ord. No. 11-05, § 1, 6-22-2011; Ord. No. 24-07, § 15, 9-11-2024)

Footnotes:

--- ( 2 ) ---

Editor's note— See Appendix A to this chapter (ch. 9.03) for the current Official Zoning Map for the City of Rancho Santa Margarita.

Sec. 9.03.030. - Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of the zoning districts shown on the Official Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following the City limits shall be construed as following such City limits.

(4)

Where physical features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not referred to in this Section, the Development Services Director shall interpret the zoning district boundaries. The Development Services Director may refer the interpretation to the Planning Commission for a decision.

(5)

In the event any other uncertainty regarding zoning district boundaries exists, the Development Services Director shall interpret the district boundaries. The Development Services Director may refer the interpretation to the Planning Commission for a decision.

(6)

Interpretations made by the Development Services Director and/or the Planning Commission may be appealed as provided in Section 9.08.100.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

ARTICLE II. - DISTRICT REGULATIONS—GENERAL PROVISIONS

Sec. 9.03.040. - Application of provisions.

The provisions set forth in this Chapter for each zoning district shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as follows:

(1)

No building, structure, or land shall be used or occupied, and no building or sign shall be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the provisions set forth for the zoning district in which such building, structure, or land is located.

(2)

No building or other structure shall be erected or altered:

a.

To exceed the maximum permitted height or bulk;

b.

To accommodate or house a greater number of units;

c.

To occupy a greater percentage of lot area;

d.

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than required; or

e.

In any other manner contrary to the provisions of this Title.

(3)

No part of a yard or other open space or off-street parking or loading space required for or in connection with any building for the purpose of complying with this Title shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as specifically provided in this Title.

(4)

No yard or lot existing on or after the effective date of this Title, shall be reduced in dimensions or area below the minimum requirements set forth in this Title unless expressly permitted by this Title. Yards or lots created on or after the effective date of this Title, shall meet at least the minimum requirements established by this Title. (See Section 9.04.080 for provisions relating to nonconforming lots.)

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Prohibited uses. All land uses and provisions of this Title shall be consistent with controlling Federal, State, and local law. Any use or activity that is illegal under Federal, State, or local law shall be deemed a prohibited use in all zoning districts within the City. Any use that is not consistent with Federal, State or local law and is not expressly permitted in a zoning district as a permitted uses or as a conditionally permitted use, including a use in a district determined to be similar in character to a particular use allowed in such district as provided by this Title, shall be deemed a prohibited use and such use shall not be allowed in such district.

(b)

Use determination. Unless a use is specifically identified in the table of uses for each applicable zoning district, it is not permitted in that district. However, the Planning Commission shall have the authority to review proposed uses not listed in this Chapter. A proposed unlisted use may be permitted as a principal or accessory use within a Zoning District if the Planning Commission makes written findings that such use:

(1)

Falls within the purpose and intent of that Zoning District;

(2)

Is of a comparable nature to the principal, accessory or conditional uses set forth as permitted in the Zoning District;

(3)

Is not listed in another Zoning District;

(4)

Will not be inconsistent with any allowable uses in the vicinity of such use; and

(5)

Is not prohibited under Federal, State or local law.

(c)

Appeal of decision. The Planning Commission's decision may be appealed as provided in Section 9.8.100.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 09-05, § 2, 12-9-2009)

Editor's note— Ord. No. 09-05, § 2, adopted December 9, 2009, changed the title of Section 9.03.050 from "Unlisted uses" to "Prohibited uses." The historical notation has been preserved for reference purposes.

Sec. 9.03.060. - Prezoning prior to annexation.

The City may, by Ordinance, prezone certain contiguous areas outside the City which, in the opinion of the City Council, are in accordance with the general plan and sphere of influence. For this purpose, prezoning maps shall be developed, adopted, and amended in accordance with the provisions of Section 9.08.090.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

ARTICLE III. - BASE DISTRICTS

Sec. 9.03.070. - Residential districts.

(a)

Purpose of residential districts. The purpose of these residential district regulations is to:

(1)

Provide for a variety of well-designed and well-maintained housing types and neighborhoods in the community;

(2)

Reserve planned neighborhood areas for residential living with a broad range of dwelling unit densities consistent with the General Plan and appropriate standards of public health, safety, welfare, and aesthetics;

(3)

Designate lands to accommodate housing units that meet the diverse economic needs of the residents;

(4)

Encourage residential development that retains the scale and character of existing residential neighborhoods;

(5)

Facilitate the provision of adequate light, air, privacy, and open space for each dwelling unit;

(6)

Protect residential neighborhoods from incompatible uses.

The specific uses allowed and development standards that apply to these districts are identified in Subsections 9.03.070(b) and (c).

Residential - Low Density (RL) Districts—RL-6,000 and RL-5,000. The purpose of the RL districts is to provide for the development of single-family detached homes on moderate to large lots consistent with the General Plan low density residential (LDR) designation.

Residential - Low-Medium Density (RLM) Districts—RLM- 4,000-D and RLM-4,000-A. The purpose of the

RLM districts is to provide for single-family detached (RLM-4,000-D) homes on smaller lots, as well as attached (RLM-4,000-A) townhomes and duplexes consistent with the General Plan low-medium density residential (LMDR) designation.

Residential - Medium Density (RM) Districts—RM-3,000-D and RM-2,000-A. The purpose of the RM districts is to provide for detached (RM-3,000-D) single-family homes on smaller lots, as well as attached (RM-2,000-A) townhomes, condominiums, duplexes, and apartments consistent with the General Plan medium density residential (MDR) designation.

Residential - High Density (RH) District. The purpose of the RH district is to provide for high density attached homes, as well as apartments, and senior housing consistent with the General Plan high density (HDR) designation.

(b)

Residential districts use regulations.

(1)

Table 9.03.2 identifies the uses permitted in each residential district.

(2)

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9.08.110. Accessory uses are subject to the review requirements and conditions contained in

Section 9.04.020.

(3)

The "notes and exceptions" column of Table 9.03.2 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.2.

(c)

Residential districts development standards. Tables 9.03.3a through 9.03.3d identify the development standards for all of the residential districts.

All residential additions, alterations and modifications shall to the greatest extent possible, avoid excessive massing of the primary structure, through means of varying rooflines, elevations and other architectural elements.

(d)

Landscaping in residential districts. Landscaping is required in the front yard for all areas not covered by a driveway or pedestrian walkway pursuant to Sections 9.05.070 and 9.08.140.

(e)

Site development permit for residential development. Projects shall require site plan review per the site development permit process and standards described in Section 9.08.170.

(f)

Other applicable regulations for residential districts. Other applicable regulations in the Residential Districts include, but are not limited to, the supplemental district regulations identified in Chapters 9.04 and 9.05 and the administrative processes identified in Chapter 9.08.

Table 9.03.2

Uses in Residential Districts

a Only permitted in the RLM-4,000-D zoning district.

b Only permitted in the RM-3,000-D zoning district.

c Only permitted in the RLM-3,000-A zoning district.

d Only permitted in the RM-2,000-A zoning district.

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020 Accessory Uses and Structures)

C = Conditional use permit required (subject to Section 9.8.110 Conditional Use Permit)

Unless a use is specifically identified, it is not permitted in the district (see Section 9.3.050 Prohibited Uses).

Table 9.03.3a

Low Density Residential (RL) Development Standards

Table 9.03.3b

Low-Medium Density Residential (RLM) Development Standards

Table 9.03.3c

Medium Density Residential (RM) Development Standards

Table 9.03.3d

High Density Residential (RH) Development Standards

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 08-03, §§ 2—5, 8-27-2008; Ord. No. 09-03, § 5, 3-252009; Ord. No. 09-05, § 3, 12-9-2009; Ord. No. 11-02, § 7, 4-27-2011; Ord. No. 13-01, § 4, 8-14-2013; Ord. No. 16-05, § 5, 10-12-2016; Ord. No. 18-01, § 10, 2-14-2018; Ord. No. 21-02, § 4, 5-26-2021; Ord. No. 2407, § 16, 9-11-2024; Ord. No. 25-03, § 3, 10-8-2025)

Sec. 9.03.080. - Commercial districts.

(a)

Purpose of commercial districts. The purpose of these commercial districts regulations is to:

(1)

Provide for a variety of local and regional shopping, dining, commercial recreation, and entertainment opportunities in the community consistent with the General Plan.

(2)

Provide for employment opportunities for existing and future residents.

(3)

Provide adequate space to meet the needs of commercial development, including off-street parking and loading.

(4)

Protect commercial areas and surrounding uses from excessive noise, illumination, odor, smoke, traffic, surface water runoff and other objectionable effects.

Commercial—General (CG) District. The purpose of the CG district is to provide for retail uses that rely primarily on automobile traffic and attract customers Citywide and/or in the regional trade area consistent with the General Plan general commercial (C) designation.

Commercial—Neighborhood (CN) District. The CN district provides for a variety of retail uses that serve the needs of nearby neighborhoods and have limited potential to negatively impact nearby residents. This district is consistent with the General Plan neighborhood commercial (NC) designation.

(b)

Commercial districts use regulations.

(1)

Table 9.03.4 identifies the uses permitted in each commercial district.

(2)

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9.08.110. Accessory uses are subject to the review requirements and conditions contained in Section 9.04.020.

(3)

The "notes and exceptions" column of Table 9.03.4 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.4.

(c)

Commercial districts development standards. Table 9.03.5 indicates the development standards for the commercial districts.

(d)

Landscaping for commercial districts. Landscaping is required pursuant to Sections 9.05.070 and 9.08.140.

(e)

Site development permit for commercial developments. Projects shall require site plan review per the site development permit process and standards described in Section 9.08.170.

(f)

Other applicable regulations in commercial districts. Other applicable regulations in the commercial districts include, but are not limited to, the supplemental district regulations identified in Chapters 9.04 and 9.05 and the administrative processes identified in Chapter 9.08.

Table 9.03.4

Uses in Commercial Districts

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020)

C = Conditional use permit required (subject to Section 9.08.110)

N/A = Not applicable

Unless a use is specifically identified, it is not permitted in the District. Uses prohibited by Federal, State or local law are not permitted (see Section 9.03.050).

Table 9.03.5

Commercial Development Standards

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 09-03, §§ 4, 6, 3-25-2009; Ord. No. 09-05, § 4, 12-92009; Ord. No. 11-05, § 2, 6-22-2011; Ord. No. 13-01, § 5, 8-14-2013; Ord. No. 13-02, § 6, 8-14-2013; Ord. No. 16-05, § 6, 10-12-2016; Ord. No. 17-03, § 4, 9-13-2017; Ord. No. 25-04, § 4, 10-8-2025)

Sec. 9.03.090. - Business park district.

(a)

Purpose of business park district. The purpose of these business park district regulations is to:

(1)

Provide for and maintain an employment center in the Rancho Santa Margarita Business Park that includes employment generating uses such as general office, light industrial, light manufacturing, warehousing, and research and development. Service and retail commercial uses that primarily support the businesses in the business park may also be appropriate.

(2)

Provide adequate space to meet the needs of business park uses including off-street parking and loading.

(3)

Protect adjacent uses from excessive noise, illumination, odor, smoke, traffic, surface water runoff and other objectionable effects.

(b)

Business park district use regulations.

(1)

Table 9.03.6 identifies the uses permitted in the business park (BP) district.

(2)

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9.08.110. Accessory uses are subject to the review requirements and conditions contained in Section 9.04.020.

(3)

The "notes and exceptions" column of Table 9.03.6 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.6.

(5)

In addition to the use regulations listed in Table 9.03.6, the combined total of the gross square footage for commercial recreation uses within the business park district shall be limited to five percent or 175,000 square feet of the overall usable building square footage in the business park district, whichever is less.

(c)

Business park district development standards. Table 9.03.7 indicates the development standards for the business park district.

(d)

Landscaping for business park district. Landscaping is required pursuant to Sections 9.05.070 and 9.08.140.

(e)

Site development permit for business park developments. Projects shall require site plan review per the site development permit process and standards described in Section 9.08.170.

(f)

Other applicable regulations in business park district. Other applicable regulations in the business park district include, but are not limited to, the supplemental district regulations identified in Chapters 9.04 and 9.05 and the administrative processes identified in Chapter 9.08.

Table 9.03.6

Uses in Business Park District

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020).

C = Conditional use permit required (subject to Section 9.08.110).

Unless a use is specifically identified, it is not permitted in the District. Uses prohibited by Federal, State or local law are not permitted (see Section 9.03.050).

Table 9.03.7

Business Park Development Standards

Notes:

a. Or height of nearest building/structure on site, whichever is greater.

b. Setback measured from back of curb when adjacent land use is a parkway. Otherwise, setback is measures from the property line.

c. Setback measured from back of curb.

A—Maximum height of building may be increased through the alternative development standards process described in Section 9.08.050.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 09-03, §§ 4, 7, 3-25-2009; Ord. No. 09-05, § 5, 12-92009; Ord. No. 13-01, § 6, 8-14-2013; Ord. No. 13-02, § 7, 8-14-2013; Ord. No. 16-05, § 7, 10-12-2016; Ord. No. 20-03, § 2, 6-10-2020)

Sec. 9.03.100. - Public/quasi-public district.

(a)

Purpose of public/quasi-public district. The purpose of these public/quasi-public district regulations is to:

(1)

Provide adequate space to meet the needs of public and quasi-public facilities including off-street parking and loading.

(2)

Protect adjacent areas from excessive noise, illumination, odor, smoke, traffic, surface water runoff and other objectionable effects.

(b)

Public/quasi-public district use regulations.

(1)

Table 9.03.8 identifies the uses permitted in the public/quasi-public (PQ) district.

(2)

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9.08.110. Accessory uses are subject to the review requirements and conditions contained in Sections 9.04.020 and 9.04.120.

(3)

The "notes and exceptions" column of Table 9.03.8 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.8.

(c)

Public/quasi-public district development standards. Table 9.03.9 indicates the development standards for the public/quasi-public district.

(d)

Landscaping for public/quasi-public district. Landscaping is required pursuant to Sections 9.05.070 and 9.08.140.

(e)

Site development permit for public/quasi-public developments. Projects shall require site plan review per the site development permit process and standards described in Section 9.08.170.

(f)

Other applicable regulations in public/quasi-public district. Other applicable regulations in the community facility district, include, but are not limited to, the supplemental district regulations identified in Chapters 9.04 and 9.05 and the administrative processes identified in Chapter 9.08.

Table 9.03.8

Uses in Public/Quasi-Public (PQ) District

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020 Accessory Uses and Structures)

C = Conditional use permit required (subject to Section 9.08.110 Conditional Use Permit)

Unless a use is specifically identified, it is not permitted in the district (see Section 9.03.050 Prohibited Uses). If a use is prohibited by any State or Federal law, it is not permitted in the district.

Table 9.03.9

Public/Quasi-public Development Standards

Notes:

N/A = not applicable

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 6, 11-14-2007; Ord. No. 09-03, § 4, 3-25-2009; Ord. No. 09-05, § 6, 12-9-2009; Ord. No. 11-02, § 8, 4-27-2011; Ord. No. 13-01, § 7, 8-14-2013; Ord. No. 16-05, § 8, 10-12-2016; Ord. No. 25-04, § 5, 10-8-2025)

Sec. 9.03.110. - Parks/open space districts.

(a)

Purpose. The purpose of these parks/open space district regulations is to provide a variety of passive and active recreational opportunities in the community, as well as to maintain important natural resources.

Parks (P) district. The purpose of the parks district is to provide for and maintain active and passive parks, whether privately or publicly owned.

Open space (OS) district. The purpose of the open space district is to provide open space for outdoor recreation, buffering of incompatible uses, preservation of natural resources, and protection of public health and safety.

Open Space—Golf (OSG) district. The purpose of the open space golf district is to provide for the development of golf courses.

O'Neill Regional Park (ONP) district. The sole purpose of the O'Neill Regional Park District is to identify areas of O'Neill Regional Park that are located in the City and designated on the City's official zoning map. Because the County of Orange is the jurisdiction responsible for development and maintenance of O'Neill Regional Park, this Title does not identify specific uses or standards for the ONP district.

(b)

Parks/open space districts use regulations.

(1)

Table 9.03.10 identifies the uses permitted in the parks/open space districts.

(2)

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9.08.110. Accessory uses are subject to the review requirements and conditions contained in Section 9.04.020.

(3)

The "notes and exceptions" column of Table 9.03.10 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.10.

(c)

Parks/open space districts development standards. Table 9.03.11 indicates the development standards for the parks/open space districts.

(d)

Landscaping for parks/open space districts. Landscaping is required pursuant to Sections 9.05.070 and 9.08.140.

(e)

Site development permit for parks and open space areas. Projects shall require site plan review per the site development permit process and standards described in Section 9.08.170. Routine maintenance, including, but not limited to, repair, modification or replacement of site furnishings, equipment, irrigation, landscaping and other similar projects, shall not be considered a modification or enhancement.

The Development Services Director shall have the authority to approve minor modifications or minor enhancements.

(f)

Other applicable regulations in parks/open space districts. Other applicable regulations in the parks/open space district, include, but are not limited to, the supplemental district regulations identified in Chapters 9.04 and 9.05 and the administrative processes identified in Chapter 9.08.

Table 9.03.10

Uses in Parks/Open Space Districts[a]

Notes:

a - Because the County of Orange is the jurisdiction responsible for development and maintenance of O'Neill Regional Park, this Title does not identify specific uses or standards for the ONP District.

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020).

C = Conditional use permit required (subject to Section 9.08.110)

S = Special Event Permit as a temporary use only (subject to Sections 9.05.110 and 9.08.180)

Unless a use is specifically identified, it is not permitted in the District. Uses prohibited by Federal, State or local law are not permitted (see Section 9.03.050).

Table 9.03.11

Parks/Open Space Development Standards

Off-Street Parking

N/A

Subject to Chapter 9.06

Notes:

a. Or height of nearest building/structure on-site, whichever is greater. N/A - not applicable

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 09-03, § 4, 3-25-2009; Ord. No. 09-05, § 7, 12-9-2009; Ord. No. 13-01, § 8, 8-14-2013; Ord. No. 16-05, § 9, 10-12-2016)

(a)

Purpose. The purpose of the future planned community (FPC) district is to encourage innovative design and development that is consistent with the General Plan future planned community designation and land use assumptions.

(b)

Future planned community use regulations. Permitted uses and structures in the FPC district shall be designated in a specific plan. The specific plan shall include all parcels within the district and shall identify the existing and proposed uses on all parcels.

(c)

Future planned community district development standards.

(1)

The development standards for the FPC district shall be designated in a specific plan. The development standards may be applied uniformly throughout a district or may be applied to individual parcels in accordance with the provisions of the specific plan.

(2)

The development standards and any supplementary regulations adopted as part of the specific plan shall supersede other conflicting requirements of this Title. In cases where an item is not addressed in the specific plan, the appropriate provision of this Title shall regulate.

(d)

Specific plan process. Specific plans for the FPC district shall be prepared and processed pursuant to Section 9.08.190, and must be prepared prior to annexation as described in Section 9.08.090.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.03.130. - Auto center district.

(a)

Purpose of auto center district. The purpose of the auto center district regulations is to:

(1)

Provide for the retail sale of automobiles in the community consistent with the General Plan.

(2)

Provide an attractive and architecturally compatible environment along Santa Margarita Parkway in an effort to maximize the retail sale of automobiles in the City.

(3)

Provide for employment opportunities for existing and future residents.

(4)

Provide adequate space to meet the needs of auto dealerships, including off-street parking, display and loading.

(5)

Protect adjacent uses from excessive noise, illumination, odor, smoke, traffic, surface water runoff and other objectionable effects.

(b)

Auto center use regulations.

(1)

Table 9.03.12 Uses in Auto Center District identifies the uses permitted in the auto center district.

(2)

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9.08.110 Conditional Use Permit. Accessory uses are subject to the review requirements and conditions contained in Section 9.04.020 Accessory Uses and Structures.

(3)

The "notes and exceptions" column of Table 9.03.12 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.12.

(c)

Auto center development standards. Table 9.03.13 indicates the development standards for the auto center district.

(d)

Landscaping for auto center district. Landscaping is required pursuant to Sections 9.5.070 Landscape and Screening and 9.8.140 Landscape Plan Review of this Title.

(e)

Site development permit for commercial developments. Projects shall require site plan review per the Site Development Permit process and standards described in Section 9.8.170 Site Development Permit.

(f)

Other applicable regulations in auto center district. Other applicable regulations in the auto center district include, but are not limited to, the supplemental district regulations identified in Chapters 9.4 Regulations for Special Uses and Structures and 9.5 Special Regulations and the administrative processes identified in Chapter 9.8 Administration.

Table 9.03.12

Uses in Auto Center District

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020 Accessory Uses and Structures)

C = Conditional use permit required (subject to Section 9.08.110 Conditional Use Permit)

Unless a use is specifically identified, it is not permitted in the District. Uses prohibited by Federal, State or local law are not permitted (see Section 9.03.050 Prohibited Uses).

Table 9.03.13

Auto Center Development Standards

Notes:

a Or height of nearest building/structure on site, whichever is greater.

b Setback measured from back of curb when adjacent land use is a parkway. Otherwise, setback is measured from the property line.

c Setback measured from back of curb.

A - Architectural features exceeding the maximum height may be permitted subject to an Alternative Development Standard pursuant to Section 9.08.050.

(Ord. No. 10-06, § 5, 10-13-2010; Ord. No. 13-01, § 9, 8-14-2013; Ord. No. 16-05, § 10, 10-12-2016)

Sec. 9.03.140. - Auto center overlay district.

A.

[Purpose of auto center overlay district.] The purpose of the auto center overlay district regulations is to:

(1)

Expand the opportunity to provide for the retail sale of automobiles in the community consistent with the General Plan.

(2)

Provide an attractive and architecturally compatible environment along Santa Margarita Parkway in an effort to maximize the retail sale of automobiles in the City.

(3)

Provide for employment opportunities for existing and future residents.

(4)

Provide adequate space to meet the needs of auto dealerships, including off-street parking, display and loading.

(5)

Provide additional opportunities to expand the auto center district in appropriate areas without creating additional nonconforming lots, uses or structures.

(6)

Protect adjacent uses from excessive noise, illumination, odor, smoke, traffic, surface water runoff and other objectionable effects.

B.

Auto center overlay use regulations.

(1)

In addition to the uses permitted within the underlying base Zoning Districts, Table 9.03.14 Uses in Auto Center Overlay District identifies the uses permitted in the auto center overlay district.

(2)

Uses listed as conditionally permitted uses are subject to the review requirements and conditions contained in Section 9.08.110. Accessory uses are subject to the review requirements and conditions contained in Section 9.04.020.

(3)

The "notes and exceptions" column of Table 9.03.14 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.14.

C.

Auto center overlay development standards. Notwithstanding the development standards permitted for the underlying base zoning districts, Table 9.03.15 Auto Center Overlay Development Standards indicates development standards for uses within the auto center overlay district. The development standards in Table 9.03.15 are only applicable to uses identified within Table 9.03.14 Uses in Auto Center Overlay District. With regard to uses identified in Table 9.03.14 Uses in Auto Center Overlay District, in the event of a conflict between the development standards set forth in Table 9.03.15 Auto Center Overlay Development Standards and another development standard, the development standards in Table 9.03.15 shall prevail.

D.

Landscaping for auto center overlay district. Landscaping is required pursuant to Sections 9.05.070 Landscape and Screening and 9.08.140 Landscape Plan Review of this Title.

E.

Site development permit for commercial developments. Projects shall require site plan review per the Site Development Permit process and standards described in Section 9.08.170 Site Development Permit.

F.

Other applicable regulations in auto center district. Other applicable regulations in the auto center overlay district include, but are not limited to, the supplemental district regulations identified in Chapters 9.04 Regulations for Special Uses and Structures and 9.05 Special Regulations and the administrative processes identified in Chapter 9.08 Administration.

Table 9.03.14

Uses in Auto Center Overlay District

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020)

C = Conditional use permit required (subject to Section 9.08.110)

Unless a use is specifically identified, it is not permitted in the District. Uses prohibited by Federal, State or local law are not permitted (see Section 9.03.050).

Table 9.03.15

Auto Center Overlay Development Standards

Notes:

a Acreage may consist of the sum of acreage from multiple adjacent parcels. This minimum lot size only applies to the establishment of uses listed in Table 9.03.14 Uses in Auto Center Overlay Zoning District. Additionally, wireless communication facilities are exempt from maintaining a minimum lot size.

b Or height of nearest building/structure on site, whichever is greater.

c Setback measured from back of curb when adjacent land use is a parkway. Otherwise, setback is measured from the property line.

d Setback measured from back of curb.

A - Architectural features exceeding the maximum height may be permitted subject to an Alternative Development Standard pursuant to Section 9.08.050.

(Ord. No. 11-05, §§ 3, 4, 6-22-2011; Ord. No. 12-04, § 6(Exh. 1), 6-27-2012; Ord. No. 13-01, § 10, 8-142013; Ord. No. 16-05, § 11, 10-12-2016)

Sec. 9.03.150. - Workforce housing overlay district.

(a)

Purpose of workforce housing overlay district. The purpose of the workforce housing overlay (WHO) district regulations is to:

(1)

Allow for the development of attainable housing options within employment centers, thereby attracting and retaining employees and supporting the business community.

(2)

Protect the character and composition of the business park to continue to provide for and maintain an employment center.

(3)

Plan for a range of housing opportunities to adequately meet the existing and projected needs of the entire community. (Housing Element Goal 1)

(4)

Allow for a variety of housing types and prices throughout the City to increase housing choice and ensure that households of all types and income levels have the opportunity to find suitable housing. (Housing Element Policy 1.1)

(5)

Ensure that new residential development and modifications to existing development continue to honor the master plan's vision of the community in an objective manner. (Housing Element Policy 1.4)

(6)

Establish appropriate density and development standards on adequate sites to accommodate the City's regional housing needs allocation. (Housing Element Program 1)

(b)

Applicability.

(1)

This section applies to properties in the workforce housing overlay (WHO) identified on the zoning map by a "WHO" label after the base zone. For example, BP-WHO.

(c)

Workforce housing overlay district use regulations.

(1)

In addition to the uses permitted within the underlying base zoning district, Table 9.03.16 (Uses in Workforce Housing Overlay District) identifies the uses permitted in the WHO. Notwithstanding any other provisions set forth in this Chapter, and except otherwise provided by State law, the combined total number of residential dwelling units permitted to be developed within the workforce housing overlay shall not exceed the estimated dwelling units for the business park land use designation set forth in Table LU-3 of the General Plan Land Use Element.

(2)

Uses listed as conditionally permitted are subject to the review requirements and conditions contained in Section 9.08.110 (Conditional Use Permit). Accessory uses are subject to the review requirements and conditions contained in Section 9.04.020 (Accessory Structures). The review provisions and regulations contained in Chapter 9.14 (Housing Development Project Special Regulations) apply to certain housing development projects.

(3)

The "notes and exceptions" column of Table 9.03.16 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.16.

(d)

Workforce housing overlay district development standards. Notwithstanding the development standards permitted for the underlying base zoning districts, Table 9.03.17 (Workforce Housing Overlay Development Standards) indicates development standards for uses within the workforce housing overlay district. The development standards in Table 9.03.17 are only applicable to uses identified within Table 9.03.16, Uses in Workforce Housing Overlay District. With regard to uses identified in Table 9.03.16, Uses in Workforce Housing Overlay District, in the event of a conflict between the development standards set forth in Table 9.03.17, Workforce Housing Overlay District Development Standards, and another development standard, the development standards in Table 9.03.17 shall prevail.

(e)

Parking requirements. The number of and design of required off-street parking spaces shall be as set forth in Chapter 9.06, Parking. The calculation of required parking spaces shall be based upon the parking required for each individual use within the development. Alternative regulations may be approved pursuant to Section 9.06.040 and joint use/shared parking may be approved by the Planning Commission pursuant to Section 9.06.090.

(f)

Other applicable regulations in the workforce housing overlay district.

(1)

If a conflict arises between regulations of this section and those within the underlying business park zoning district related to development of workforce housing, the specific provisions of this section shall govern.

(2)

Other applicable regulations in the workforce housing overlay district include, but are not limited to, the supplemental district regulations identified in Chapters 9.04, Regulations for Special Uses and Structures, 9.05, Special Regulations, and 9.14, Housing Development Project Special Regulations, and the administrative processes identified in Chapter 9.08, Administration.

Table 9.03.16

Residential Uses[1] in Workforce Housing Overlay District

1. Pursuant to Government Code Section 65583.2(h): (a) 100 percent residential use projects are permitted; and (b) residential uses must occupy a minimum of 50 percent of the total floor area of any mixed-use project.

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020 Accessory Uses and Structures)

C = Conditional use permit required subject to Section 9.08.110 (Conditional Use Permits)

Unless a use is specifically identified, it is not permitted in the workforce housing overlay district. Uses prohibited by federal, State or local law are not permitted (see Section 9.03.050, Prohibited Uses).

Table 9.03.17

Workforce Housing Overlay Development Standards

Development Standard[1] Workforce Housing Overlay

1. Flexibility in design and development may be requested through (i) waivers or reductions of development standards for qualifying housing developments pursuant to Section 9.14.040, Residential Density Bonus, and Government Code Section 65915 or (ii) through modifications of development standards approved pursuant to Section 9.08.050, Alternative Development Standards.

2. Pursuant to Government Code Section 65583.2(h), at least 16 units per site shall be permitted.

(Ord. No. 24-04, § 3, 9-11-2024)

Sec. 9.03.160. - Mixed-use district.

(a)

Purpose of mixed-use district. The purpose of the mixed-use (MU) district is to:

(1)

Provide the ability for development projects to combine compatible uses in ways which offer a balance of land uses where people can live, work, shop and dine on a neighborhood scale.

(2)

Encourage property owners to make efficient use of their land and propose unique mixes of development designed to meet the demands of the surrounding community.

(3)

Plan for a range of housing opportunities to adequately meet the existing and projected needs of the entire community. (Housing Element Goal 1)

(4)

Allow for a variety of housing types and prices throughout the City to increase housing choice and ensure that households of all types and income levels have the opportunity to find suitable housing. (Housing Element Policy 1.1)

(5)

Ensure that new residential development and modifications to existing development continue to honor the master plan's vision of the community in an objective manner. (Housing Element Policy 1.4)

(6)

Establish appropriate density and development standards on adequate sites to accommodate the City's regional housing needs allocation. (Housing Element Program 1)

(b)

Mixed-use district use regulations.

(1)

Table 9.03.18 and Table 9.03.19 identify the uses permitted in the mixed-use district. Notwithstanding any other provisions set forth in this Chapter, and except as otherwise provided by State law, the combined total number of residential dwelling units permitted to be developed within the mixed-use zone shall not exceed the estimated dwelling units for the mixed-use land use designation set forth in Table LU-3 of the General Plan land use element.

(2)

Uses listed as conditionally permitted are subject to the review requirements and conditions contained in Section 9.08.110 (Conditional Use Permits). Accessory uses are subject to the review requirements and conditions contained in Section 9.04.020 (Accessory Structures). The review provisions and regulations contained in Chapter 9.14 (Housing Development Project Special Regulations) apply to certain housing development projects.

(3)

The "notes and exceptions" column of Table 9.03.18 and Table 9.03.19 indicate more precisely the regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

(4)

Certain permitted and conditionally permitted uses may be subject to additional conditions regarding location, operation, or the design of the use. The Sections of this Title governing these uses are identified in the "notes and exceptions" column of Table 9.03.19.

(c)

Mixed-use district development standards. Table 9.03.20 indicates the development standards for the mixed-use district.

(d)

Parking and loading requirements.

(1)

The amount and design of off-street parking spaces required shall be as set forth in Chapter 9.06. For residential/commercial mixed-use developments, the calculation of required parking spaces shall be based upon the parking required for each individual use within the development. Alternative regulations may be approved pursuant to Section 9.06.040 and joint/shared parking may be approved by the Planning Commission pursuant to Section 9.06.090.

(2)

Off-street loading areas/spaces shall follow requirements in Section 9.06.080 of this Title.

(e)

Other applicable regulations in the mixed-use district. Other applicable regulations in the mixed-use district include, but are not limited to, the supplemental district regulations identified in Chapters 9.04, Regulations for Special Uses and Structures, 9.05 Special Regulations, and Chapter 9.14, Housing Development Project Special Regulations, and the administrative processes identified in Chapter 9.08, Administration.

Table 9.03.18

Residential Uses[1] in Mixed-Use District

1. Pursuant to Government Code Section 65583.2(h): (a) 100 percent residential use projects are permitted; and (b) residential uses must occupy a minimum of 50 percent of the total floor area of any mixed-use project.

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020, Accessory Uses and Structures)

C = Conditional use permit required (subject to Section 9.08.110).

Unless a use is specifically identified, it is not permitted in the workforce housing overlay district. Uses prohibited by Federal, State or local law are not permitted (see Section 9.03.050).

Table 9.03.19

Non-Residential Uses in Mixed-Use District

P = Principal use permitted

— = Not permitted

A = Accessory use permitted (subject to Section 9.04.020 Accessory Uses and Structures)

C = Conditional use permit required (subject to Section 9.08.110).

Unless a use is specifically identified, it is not permitted in the workforce housing overlay district. Uses prohibited by Federal, State or local law are not permitted (see Section 9.03.050).

Table 9.03.20

Mixed-Use Development Standards

1. Flexibility in design and development may be requested through (i) waivers or reductions of development standards for qualifying housing developments pursuant to Section 9.14.040, Residential Density Bonus, and Government Code Section 65915 or (ii) through modifications of development standards approved pursuant to Section 9.08.050, Alternative Development Standards.

2. Pursuant to Government Code Section 65583.2(h), at least 16 units per site shall be permitted.

(Ord. No. 24-04, § 4, 9-11-2024; Ord. No. 25-04, § 6, 10-8-2025)

APPENDIX A. - ZONING MAP

==> picture [384 x 522] intentionally omitted <==

(Ord. No. 11-05, §§ 3, 4, 6-22-2011; Ord. No. 12-04, § 6(Exh. 1), 6-27-2012; Ord. No. 14-03, § 6(Exh. 1), 9- 24-2014; Ord. No. 15-02, § 4(Exh. 1), 8-12-2015; Ord. No. 24-04, § 8(Exh. 1), 9-11-2024)

Chapter 9.04 - Regulations for Special Uses and Structures

Sec. 9.04.010. - General requirements.

Accessory uses and structures may be developed as permitted in this Chapter provided such uses are located on the same lot or parcel of land as the principal use, and such uses are incidental to, and do not alter, the use of land as permitted within the specific zoning district in which they are located.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Development standards for attached accessory structure. A fully-enclosed, attached accessory structure shall be made structurally a part of the main building and shall comply in all respects with the requirements applicable to the principal structure. Decks, porches and balconies shall be regulated by Subsection 9.04.020(d). Open patio covers shall be regulated by Subsection 9.04.020(e). Accessory dwelling units shall be regulated by Section 9.04.190.

(b)

Development standards for detached accessory structure. Detached accessory structures shall satisfy all of the following requirements:

(1)

The structure shall not exceed the height of the principal structure on the building site, except as may otherwise be permitted under Section 9.04.190 (accessory dwelling units).

(2)

The structure shall conform to the front and side yard requirements of the applicable zoning district unless otherwise noted in this Section or Section 9.04.190 (accessory dwelling units).

(3)

The structure shall maintain a minimum separation of five feet between the detached accessory structure and the main building.

(4)

If less than 450 square feet in gross floor area, the structure shall be located a minimum distance from the parcel's rear and side property line equal to the height of the structure. However, if the structure is 450 square feet or more in gross floor area, the structure shall conform to the same rear yard setback requirement as required for main buildings in the applicable zoning district.

(5)

Detached fireplaces, barbecues, fire pits, landscape structures and other similar structures, with a height less than five feet, shall be permitted to encroach into the rear and side setback areas unless the adopted Uniform Building Code regulations require a more restrictive setback. If such structures are five feet or greater in height or if the structure is 450 square feet or more in gross floor area, they shall maintain the minimum side and rear yard setback for the zoning district. No detached fireplace, barbecue, fire pit, landscape structure or other similar structures shall exceed eight feet in height unless approved through the alternative development standard process described in Section 9.08.050.

(6)

Recreational play structures including swings and playgrounds, which are not permanently affixed to the ground, shall be permitted to encroach into the rear and side setback areas. Any recreational play structure which requires a building permit shall maintain the requirements described in Subsections (1), (2), (3), and (4) above.

(c)

Additional development standards for attached and detached accessory structures in residential districts.

(1)

Accessory structures located in residential and future planned community (FPC) districts shall be subject to the development standards for that district, as well as the following requirements:

a.

Exterior sides used to enclose the structure shall be finished with wood, stucco, masonry, or other material of similar texture and durability as the principal structure, and which is compatible with the existing structure.

b.

The roof material shall be concrete, slate, tile, asphalt shingle, or other material of similar appearance, texture, substance, and durability as the principal structure, and which is compatible with the existing structure.

c.

Roof eaves and gables shall be no less than 12 inches, measured from the vertical side of the unit, unless otherwise approved by the Development Services Director or, upon referral, the Planning Commission.

d.

Exterior finish colors for accessory structures shall be the same as the principal structure.

e.

Accessory dwelling units shall comply with the requirements of Section 9.04.190.

(2)

The following building materials shall not be used in the construction and finish of an accessory structure that requires a building permit:

a.

Exterior sides of accessory structures shall not use metal siding and/or exposed metal supports, cloth, canvas, plastic sheeting, corrugated fiberglass, or corrugated metal.

b.

Roofs of accessory structures shall not use cloth, canvas, plastic sheeting, corrugated fiberglass, or corrugated metal.

c.

Temporary shade structures may utilize canvas or other similar material, provided the shade structure is not permanently affixed to the ground.

(d)

Decks, porches, and balconies. Decks, porches, and balconies more than 30 inches above finished grade may be erected as accessory structures in conjunction with the principal use on the building site subject to the following requirements:

(1)

Setbacks.

a.

Front yard setback. Attached decks, porches and balconies shall conform to the front yard requirements of the applicable district.

b.

Side yard setback. If an attached deck, porch or balcony is 450 square feet or more in area, the deck, porch or balcony shall conform with the side yard requirement of the applicable district. If the attached deck, porch or balcony is less than 450 square feet in area, the deck may extend into a side yard not more than three feet, but shall in no case be closer than three feet from the side property line.

c.

Rear yard setback. If an attached deck, porch or balcony is less than 450 square feet in area, the deck, porch or balcony may be located a minimum distance from the rear property line equal to three feet, whichever is greater. However, if the deck is 450 square feet or more in area, the deck shall conform to the same rear yard setback requirement as required for the principal structure in the applicable district.

(2)

Decks, porches and balconies over six feet in height measured from finished grade shall not exceed 60 percent of the total length of the principal building elevation to which it is attached and shall maintain all building setbacks of the principal structure.

(3)

Detached decks. Detached decks shall comply with the requirements for detached accessory structures in Subsections 9.04.020(b) and (c).

(e)

Patios and patio covers. Patios and patio covers may be erected as accessory structures in conjunction with the principal use on the building site subject to the following requirements:

(1)

A wholly enclosed covered patio shall maintain the same yard requirements as set forth for the main structure.

(2)

An open patio cover may be erected within the required rear yard to a minimum of three feet from the rear property line. Such structure shall maintain the same front and side yards as required for the principal structure on the building site.

(3)

Patio covers located on properties where individual lots for each residential unit do not exist shall be permitted only upon the approval of a site plan and building designs by the Development Services Director. Issuance of building permits shall be approved upon a finding of consistency with the Development Services Director approved plans.

(4)

Patio cover setbacks shall be measured from the edge of the cover and not the footing.

(f)

Antennas. An antenna may be installed on a lot in any zoning district if it complies with the criteria identified in this Section. Satellite television antennae less than 30 inches in diameter are permitted in any zone and are not subject to the requirements of this Section, provided that such antennae are attached to a permitted main or accessory structure on the lot.

(1)

RL, RLM, RM, RH and FPC zoning districts or residential land uses.

a.

Locations prohibited. No satellite dish antenna shall be located in a front or corner-side yard.

b.

Setbacks. Front and street-side property lines, 20 feet; interior side and rear property lines, ten feet, except that no setback shall be required in interior side and rear setback areas if the antenna does not exceed six feet in height.

c.

Maximum height. Fifteen feet, measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it, provided that the Development Services Director

may approve mounting an antenna on the rear half of a roof if no other feasible location exists.

(2)

CG, CN, BP, CF, P, and OS zoning districts or non-residential land uses.

a.

Roof-mounted antennas. Satellite dish antennas shall be located on the roof of a structure whenever possible, providing the dish is not visible from public roadways or can be adequately screened from view of public roadways.

b.

Ground-mounted antennas. All satellite dish antennas that cannot be installed on the roof in a manner that is not visible from a public roadway shall be located directly adjacent to a building, whenever possible. Ground-mounted dishes shall be located to the rear or interior side of the building, whenever possible, in order to be screened from view from the front of the building and public roadways. Ground-mounted antennas shall be adequately screened from view from public roadways, unless required for antenna focusing purposes. Ground-mounted antennas located on properties adjacent to residential land uses shall be completely screened from view.

c.

Location prohibited. No satellite dish antenna shall occupy a required parking space or adversely impact any vehicle circulation.

d.

Maximum height. Twenty feet measured from ground or ten feet measured from roof level immediately under the antenna to the highest point of the antenna or any appurtenance attached thereto.

e.

Permit required. A site plan review shall be required for all satellite dish antennas in any C, BP, CF, P, or OS district.

(g)

Mechanical equipment. Mechanical equipment such as air conditioning units and heating and ventilation units shall maintain the same setback requirements as described in the Uniform Building Code. Mechanical equipment located within a front yard or that is otherwise visible from the public right-of-way shall be screened per Section 9.05.070. See Section 9.04.120 regarding swimming pool and spa equipment.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 18-01, § 11, 2-14-2018) Sec. 9.04.030. - Adult businesses.

(a)

Statement of purpose. It is the intent of this Section to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult businesses in close proximity to each other or proximity to other incompatible uses such as schools, churches, parks, public facilities and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult businesses causes an increase in the number of transients in the area and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this Section to:

(1)

Establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses; and

(2)

To mitigate the negative secondary effects of adult businesses, while permitting the location of adult businesses in certain areas to comply with existing legal standards.

(b)

Definitions.

(1)

Except as otherwise specified, as used herein, the terms and phrases shall have the same meaning as defined in Chapter 6.10.

(2)

Establishment of an adult business. To "establish" an adult business shall be defined to include any of the following:

a.

The opening or commencement of any adult business as a new business;

b.

The conversion of an existing business, whether or not an adult business, to any adult business defined herein;

c.

The addition of any of the adult businesses defined herein to any other existing adult business; or

d.

The relocation of any such adult business.

(c)

Minimum proximity requirements. No adult business shall be established or located in any zoning district in the City other than the business park zoning district, and subject to the distance requirements of certain specified land uses or zones as set forth below:

(1)

No such business shall be established or located within 1,000 feet of any other adult business.

(2)

No such business shall be established or located within 1,000 feet from any existing residential zoning district or use, park, church or school.

(3)

The distances set forth above shall be measured as a radius from the primary entrance of the adult business to the property lines of the property so zoned without regard to intervening structures.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

In addition to the requirements of the zoning district in which an animal hospital/clinic, kennel, or animal day care facility is located, the following conditions shall apply to the establishment, maintenance, and operation of the facility:

(1)

All animal service and confinement areas and all animal runs shall be located within an air conditioned and sound attenuated building;

(2)

All facilities for the treatment and confinement of animals shall be designed, installed, constructed, and maintained to meet applicable standards established by relevant County and State public health agencies;

(3)

All animal waste shall be double bagged and disposed of in a timely manner. The cleaning product, Chlorhexiderm, or other similar cleaning products, shall be used when mopping the interior of the building. No animal waste or animal crates shall be washed down into the storm drains; and

(4)

All uses on the site shall comply with existing National Pollutant Discharge Elimination System (NPDES) requirements, including, but not limited to, Chapter 5.10, the Rancho Santa Margarita Local Implementation Plan and the best management practices developed by the County of Orange.

Additional conditions may be placed upon the animal care facility through the conditional use permit process.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

The purpose of this Section is to provide placement, design and screening criteria for wireless communication facilities in order to protect the public health, safety, general welfare, and quality of life while preserving the rights of wireless communication providers. These regulations are intended to establish flexible guidelines for the governance of wireless communications facilities that recognize the unique land use distribution and topography in the City.

(1)

Exemptions.

a.

Emergencies. In the event an emergency or disaster is declared for the area, the Development Services Director may exempt wireless communication facilities from the requirements of this Section during the duration of such emergency or disaster.

b.

Small wireless facilities. Small wireless facilities covered by and/or subject to the provisions of Section 9.04.055 are exempt from and shall not be governed by this Section 9.04.050.

(2)

Definitions.

a.

Minor wireless communication facility means a wireless communication facility that is building-, facade-, or wall-mounted, and does not exceed the height of the parapet wall or roof line of the building. A roofmounted facility that is concealed or is of a small diameter and does not exceed the maximum height of the district, is considered a minor wireless communication facility.

b.

Major wireless communication facility means a wireless communication facility that is ground-mounted, and/or is mounted in any manner on property or buildings owned by the City or in rights-of-way over which the City has regulatory authority.

c.

Co-location facility means a wireless communication facility that meets the requirements of Government Code § 65850.6(a).

(3)

Prohibited uses. Wireless communication facilities that incommode the public use of the road or highway are prohibited.

(4)

Development criteria. The following regulations shall apply to the placement of wireless communication facilities:

a.

All wireless communication facilities may be mounted subject to the preferred order of placement and general provisions of this Section:

1.

Co-located with other wireless communication facilities.

2.

On existing structures such as buildings, communication towers, and utility facilities.

b.

Wireless communications facilities shall be located where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

c.

Ground-mounted wireless communication facilities shall be located in close proximity to existing above ground utilities, such as electrical towers, water tanks or utility poles (which are not scheduled for removal or undergrounding in the next 18 months), light poles, trees of comparable heights, and in areas where they are otherwise visually compatible and will not detract from the appearance of the city.

d.

For all ground-mounted communication facilities, the support structures shall be set back from all residential property lines a distance equal to and no less than, the height of the highest point of the wireless communication facility.

e.

Wireless communication facilities shall not be located within 1,000 feet of any other communication facility except when located on an existing building, structure or wireless facility. For the purpose of this Section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility.

Design standards.

(1)

Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other legally required seals or signage.

(2)

Accessory equipment shall meet the following standards:

a.

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

b.

Accessory equipment permitted to be located above ground shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.

c.

Accessory equipment enclosures shall be limited to the housing of radio, electronic and related power equipment, and shall not be used for any other purpose, including storage.

(3)

Wireless communication facilities shall have subdued colors and non-reflective materials that blend with surrounding materials and colors.

(4)

All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture and or materials of the building.

(5)

The monopole foundation and structures upon which antenna are to be mounted, shall be no greater in diameter or cross Sectional dimension than is necessary for the proper functioning of the wireless communication facility. However, such facility shall be designed to accommodate at least two antennas.

(6)

In considering an application for any major or minor wireless communication facility, the Planning Commission shall consider the cumulative visual effects of existing wireless communication facilities in determining the location of an additional facility and in imposing conditions on the facility, all as necessary to minimize negative visual impacts of the applied for facility.

(7)

Security fencing, if permitted or required, shall conform to the following:

a.

No fence shall exceed six feet in height.

b.

The fence material shall be compatible with the underlying zoning requirements.

c.

Security fencing shall be screened from view through the use of appropriate landscaping material.

Height standards. Wireless communication facilities utilizing a free-standing support structure shall be limited to the maximum building height for the applicable zoning district.

Noise. Any noise generating equipment shall meet the requirements of Chapter 5.04 of the Municipal Code.

Co-location.

(1)

All applicants shall cooperate in good faith with existing wireless communication facilities operators in colocating additional antennas on support structures and/or on existing buildings provided the existing operator has received a discretionary permit for such use at said site from the City.

(2)

All applicants shall exercise good faith in cooperating in co-locating with other providers and sharing the permitted site, provided such proposed shared use does not prevent or unreasonably interfere with the existing use (e.g., significant interference in broadcast or reception capabilities as opposed to competitive conflict or financial burden). Such good faith cooperation shall include sharing technical information necessary to evaluate the feasibility of co-location. In the event a dispute arises as to whether a provider has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the applicant and the existing operator as to the feasibility of co-locating.

(3)

Failure to comply with the co-location requirements of this Section may result in the denial of a permit request or revocation of an existing permit.

(4)

A co-location facility shall be a permitted use.

(5)

Performance standards.

a.

The site in which the wireless facility is located must be maintained in a condition free of trash, debris, and refuse in accordance with Section 9.05.100.

b.

Lawfully-erected wireless communication facilities that have not provided wireless communication services for a cumulative period of 90 days in a one-year period shall be considered abandoned and be removed promptly from the premises no later than three months after the discontinuation of use, except as otherwise provided by law. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The wireless communication provider shall send to the City a copy of the discontinuation notice required by the California Public Utilities Commission (CPUC) or Federal Communications Commission (FCC) at the time the notice is sent to the regulatory agencies.

c.

All facilities determined to be abandoned and not removed within the required three-month period from the date of notice shall be in violation of this Chapter, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this Section. The City may remove all abandoned facilities following the three-month removal period at the operators' expense. Facilities removed by the City shall be stored for no less than 15 days and thereafter be disposed of by public auction, if deemed to be of value by the City, or otherwise as permitted by law.

(6)

Permit application and other submittal requirements.

a.

For minor and co-location wireless communication facilities, the applicant shall submit a completed "site development permit application" to the Development Services Director.

b.

For major wireless telecommunication facilities, the applicant shall submit a completed "conditional use permit application" to the Development Services Director.

(7)

Approval of wireless communication facilities.

a.

Major and minor wireless communications facilities shall be subject to approval by the Planning Commission. The decision of the Planning Commission shall be final unless appealed in writing within ten business days pursuant to Section 9.08.100.

b.

Co-location facilities are subject to administrative approval.

(8)

Nonconforming wireless communication facilities. Any wireless communication facility constructed in violation of this Section, or in violation of any prior ordinance or regulation, is subject to immediate abatement or revocation of permit.

(9)

Enforcement.

a.

All wireless communication facilities are subject to periodic inspection by the City to determine whether they are in compliance with all applicable provisions of this Section.

b.

If any conditions are discovered that may result in a danger to life or property, the City will give written notice to the permittee and/or the property owner at their last known address, describing the dangerous condition and demanding that the condition be corrected within the period of time specified in that notice.

c.

Failure to comply with any applicable provision of this Section, or with conditions that may be imposed in connection with a variance, approved permit, or conditional use permit, will constitute a public nuisance as well as grounds for immediate revocation of the permit or other entitlement.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 09-03, § 4, 3-25-2009; Ord. No. 20-04, § 3, 6-10-2020)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections A.—I. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (1)—(9).

Sec. 9.04.055. - Small wireless facilities.

(a)

Statement of purpose. The purpose and intent of this Section is to:

(1)

Provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation, and maintenance of small wireless facilities in the City.

(2)

Establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of small wireless facilities in the City.

(3)

Impose clear and reasonable requirements so that applications for small wireless facilities will be processed in a consistent and timely manner. This Section imposes requirements that are necessary to protect public health, safety, welfare, aesthetics, and provide for the orderly, managed, and efficient deployment of small wireless facilities in accordance with State and Federal laws, rules, and regulations.

(4)

Provide for the orderly, managed, and efficient development of small wireless facilities in accordance with State and Federal laws, rules, and regulations and permit and manage reasonable access to public rightsof-way of the City for telecommunications purposes on a competitively neutral basis.

(5)

Enable the City to discharge its public trust responsibilities consistent with rapidly evolving Federal and State regulatory policies, industry competition, and technological development through the encouragement of advanced and competitive telecommunications services on the widest possible equivalent basis to the businesses, institutions, and residents of the City while continuing to fairly and responsibly protect the public health, safety, and welfare.

(6)

Promote and protect public health, safety, welfare, and the aesthetic quality of the City consistent with the goals, objectives, and policies of the General Plan.

(7)

Conserve the limited physical capacity of public rights-of-way held in public trust by the City.

(8)

Assure that the City's current and ongoing costs of granting and regulating private access to and use of public rights-of-way are fully paid by the persons seeking such access and causing such costs while securing fair and reasonable compensation for the City and the residents of the City for permitting private use of public rights-of-way, within the limits established by the FCC.

(9)

This Section is not intended nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any small wireless service provider's ability to provide small wireless facilities; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct, or modify small wireless facilities on the basis of environmental effects of radio-frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under Federal or State law; or (6) otherwise authorize the City to preempt any applicable Federal or State law.

(b)

Definitions. For the purpose of this Section, the words and terms defined in this subsection (b) shall have the meaning set forth herein unless the context clearly indicates or requires a different meaning.

Accessory equipment means any equipment, other than antenna equipment, associated with the installation of a small wireless facility.

Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded, which defines that term as an apparatus designed for the purpose of emitting radiofrequency radiation, to be operated or operating from a fixed location, for the provision of personal wireless service and any commingled information services.

Antenna equipment means the same as defined by the FCC in 47 C.F.R. § 1.6002(c), as may be amended or superseded, which defines the term as equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

Antenna facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(d), as may be amended or superseded, which defines the term as an antenna and associated antenna equipment.

Applicant means a person or entity that submits an application for a small wireless facility permit under the provisions of this Section and the agents, employees, and contractors of such person or entity.

Collocation means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded, which defines that term as mounting or installing an antenna facility on a pre-existing structure, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

Decorative pole means any pole that includes decorative or ornamental features, design elements and/or finials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.

Deployment means the same as defined by the FCC in 47 C.F.R. § 1.6002(h), as may be amended or superseded, which defines the term as placement, construction, or modification of a personal wireless service facility.

Development Services Director means the Development Services Director for the City or a designee of the City Manager.

FCC means the Federal Communications Commission or its duly appointed successor agency.

Modification means any change to a small wireless facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the small wireless facility involving any of the following: collocation, expansion, enlargement, intensification, or augmentation.

New pole means any pole erected or installed after the effective date of this Section. The term "new pole" does not include a "replacement pole" as defined in this Section.

Pole means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code.

Public right-of-way or right-of-way means any public street, public way, public alley, or public place, laid out, reserved, or dedicated for street, sidewalk, storm drainage, bicycle path, or other public uses or purposes under the jurisdiction of the City.

Public Works Director means the Public Works Director/City Engineer of the City or the designee of the City Manager.

Replacement pole means and shall only include a pole or structure that replaces a pole in the exact same location in order to accommodate small wireless facilities at the time the replacement pole is approved.

Small wireless facility or facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as a facility that meets each of the following conditions:

(1)

The facility is: (i) mounted on structures 50 feet or less in height including their antennas; or (ii) mounted on structures no more than ten percent taller than other adjacent structures; or (iii) does not extend existing structures on which it is located to a height of more than 50 feet or by more than ten percent, whichever is greater;

(2)

Each antenna associated with any deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4)

The facility does not require antenna structure registration under 47 C.F.R. Part 17;

(5)

The facility is not located on Tribal lands, as defined under 36 C.F.R. 800.16(x); and

(6)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b).

Structure means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded, which defines the term as a pole, tower, base station, or other building, whether or not it has

an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

(c)

General provision. Notwithstanding any provision of the Rancho Santa Margarita Municipal Code to the contrary, this Section shall govern all applications for small wireless facility permits in the City.

(d)

Required approvals.

(1)

A small wireless facility permit shall be required to locate or modify any small wireless facility on a pole, new pole, replacement pole, or structure located within the City, including without limitation on any public rights-of-way. No small wireless facility shall be located or modified within the City on any property, including the public right-of-way, without the issuance of an administrative small wireless facility permit, as required by this Section. The Development Services Director, in consultation with the Public Works Director, shall have the authority to approve, approve with conditions, or deny any application for the deployment or modification of a small wireless facility.

(2)

Each applicant for a small wireless facility permit pursuant to this Section proposed for location in or on any public right-of-way within the City shall also submit an application for an encroachment permit pursuant to the provisions of Chapter 11.07 of this Code. The application for an encroachment permit shall be processed, reviewed, and approved concurrently with the application for a small wireless facility permit pursuant to the provisions of this Section.

(3)

An administrative approval granted under this Section shall not confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the City for delivery of telecommunication services of any kind or for any other purposes.

(4)

All required approvals under this Section shall be processed in conformance with the time periods established by applicable State and Federal law, and FCC regulations and orders.

(e)

Application content. All applications for a small wireless facility permit required by this Section and all required submittals must be made in writing by the applicant on such form as the Development Services Director may prescribe, which shall include the information specified in this subsection in addition to all other information determined necessary by the Development Services Director, in consultation with the Public Works Director:

(1)

Full name and contact information of the small wireless facility owner, small wireless facility operator, agent (if any), and property owner, and related letter(s) of authorization from the small wireless facility and/or property owner.

(2)

A full written description of the proposed small wireless facility, including its purpose and specifications.

(3)

A detailed site plan or photo simulation of the small wireless facility containing the exact proposed location of the small wireless facility, and any existing wireless facilities within a 500-foot radius of the proposed location.

(4)

Photographs of all proposed small wireless facility equipment and an accurate visual impact analysis with photo simulations, including reasonable line-of-sight locations from public streets, nearby vicinity, or other adjacent viewpoints as may be required by the Development Services Director, in consultation with the Public Works Director, and a map that shows the photo location of each view angle.

(5)

Building elevations and roof plan (for building- and/or rooftop-mounted small wireless facilities) indicating exact location and dimensions of equipment proposed. For all other small wireless facilities not mounted to a building or rooftop, indicate surrounding grades, structures, and landscaping from all sides.

(6)

Proposed landscaping and/or nonvegetative screening plan for all aspects of the small wireless facility.

(7)

Written documentation demonstrating a good faith effort to locate the proposed small wireless facility in the least aesthetically intrusive location and screened to the greatest extent feasible in accordance with the design and development standards listed within this Section.

(8)

If the application is for a small wireless facility that will be located within the public right-of-way, the applicant shall state the basis for its claimed right to enter the right-of-way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.

(9)

Evidence from the equipment manufacturer that the ambient noise emitted from all proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits as found in Chapter 5.04 of

this Code.

(10)

Evidence that demonstrates that the small wireless facility's antenna does not exceed three cubic feet in volume, and all other equipment (antenna equipment and accessory equipment) does not exceed 28 cubic feet in volume.

(11)

An application and processing fee in an amount consistent with FCC regulations as established within a resolution by the City Council for the estimated cost of the City, including staff time, and all other costs of whatever type or variety, incurred for the processing, review, commenting upon, evaluation, and consideration of the small wireless facility application.

(12)

A siting analysis which identifies a minimum of two other least aesthetically intrusive locations within or outside the City that could serve the area intended to be served by the small wireless facility. The alternative site analysis should include at least one collocation site, if feasible.

(13)

A radio-frequency (RF) exposure compliance report prepared and certified by an RF engineer licensed by the State of California that certifies that the proposed small wireless facility, as well as any collocated facilities, will comply with applicable Federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power (ERP)) for all existing and proposed antennas at the site and show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

(f)

Design and development standards for small wireless facilities.

(1)

Small wireless facilities shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the public right-of-way, or create safety hazards to pedestrians and motorists.

(2)

Small wireless facilities shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, water valves, underground vaults, valve housing structures, utility lines or facilities, or any other vital public health and safety facility.

(3)

The applicant shall use screening and camouflage design techniques in the design and placement of small wireless facilities to ensure such facilities are as visually inconspicuous as possible.

(4)

Small wireless facilities shall be sited at least 300 feet away from other small wireless facilities to avoid an over-concentration of such facilities, to preserve community aesthetics, and to avoid the creation of potential hazards or inconvenience to the travelling public. Collocated small wireless facilities on the same pole/structure are not required to meet this minimum spacing standard with respect to one another.

(5)

To preserve community aesthetics, all small wireless facilities, excluding antennas and aboveground vents, shall be pole-mounted or placed underground, flush to the finished grade, whenever there are no physical or site constraints to make undergrounding infeasible, except as may be determined by the Development Services Director, in consultation with the Public Works Director. Infeasibility shall not be demonstrated by the mere cost to place the equipment underground.

(6)

The applicant shall use the least visible antennas as possible to ensure the antenna is as visually inconspicuous as possible.

(7)

All above-ground equipment must provide adequate sight distance in accordance with Section 9.06.100 of this Code.

(8)

If an applicant proposes to replace a pole to accommodate the small wireless facility, the replacement pole shall match the appearance of the original pole to the extent feasible, unless the Development Services Director, in consultation with the Public Works Director, finds that another design accomplishes objectives of this subsection.

(9)

Small wireless facilities may incorporate reasonable and appropriate security measures, such as fences, walls, and anti-climbing devices, to prevent unauthorized access, theft, and vandalism. Security measures must be designed to enhance concealment to the maximum extent feasible. Security measures shall not include barbed wire, razor ribbon, electrified fences or any similar security measures.

(10)

Small wireless facilities shall not be installed on decorative poles, except as may be determined by the Development Services Director, in consultation with the Public Works Director.

(g)

Installation and operation requirements for small wireless facilities.

(1)

Small wireless facilities shall be operated in a manner so as to avoid any significant adverse impacts caused by noise.

a.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m.

b.

At no time shall equipment noise from any small wireless facility exceed the applicable noise levels as established under Chapter 5.04 of this Code.

(2)

Small wireless facilities shall not bear any signs or advertising devices other than certification, warning, or other signage required by law or permitted by the City.

(3)

Small wireless facility equipment shall not be illuminated unless specifically required by the Federal Aviation Administration, the FCC, or other governmental agency.

(4)

The City recognizes that the advances associated with telecommunication equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that antennas and related equipment with reduced visual impacts will be available in the future with comparable or improved coverage and capacity capabilities. The City finds that it is in the interest of the public health, safety, and welfare that small wireless facilities be required to replace older facilities with newer equipment of equal or greater capacity and reduced visual impacts as equipment improvements become available. Small wireless facilities shall be reviewed every five years from the approval date of the small wireless facility permit in order to review equipment.

(5)

Only pole-mounted small wireless facilities shall be permitted in the public right-of-way. All poles shall be designed to be the minimum functional height and width required to support the proposed small wireless facility installation and meet FCC requirements.

(6)

Pole-mounted equipment shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

(7)

All antennas shall be installed so as not to preclude possible future collocation by the same or other operators.

(8)

Each antenna associated with any deployment shall be no more than three cubic feet in volume. All other equipment associated with the small wireless facility, including associated antenna equipment and accessory equipment, shall be no more than 28 cubic feet in volume.

(9)

Small wireless facilities must be mounted on structures 50 feet or less in height including their antenna, or mounted on structures no more than ten percent taller than other adjacent structures, or do not extend existing structures on which the small wireless facility is located to a height of more than 50 feet or by more than ten percent, whichever is greater.

(10)

Small wireless facilities shall be maintained in good working order and condition and shall be fully operable at all times. Each small wireless facility shall be clean and free of general dirt and grease; chipped, faded, peeling, and cracked paint; rust and corrosion; cracks, dents, and discoloration; missing, discolored, or damaged artificial foliage or other camouflage; graffiti, bills, stickers, advertisements, litter and debris; and damaged structural parts.

(11)

Small wireless facilities shall be built in compliance with the Americans with Disabilities Act.

(h)

Conditions of approval for small wireless facilities. In addition to compliance with the requirements of this Section, approval of small wireless facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed reasonably necessary by the Development Services Director, in consultation with the Public Works Director:

(1)

In the event the construction of a small wireless facility, as approved pursuant to this Section, requires a building permit under the provisions of Title 10 of this Code, all conditions and restrictions imposed on the small wireless facility permit and encroachment permit approved pursuant to the provisions of this Section shall be incorporated in, and made a condition of such building permit. All conditions shall be binding as to the applicant and all successors in interest to permittee. The permittee must construct, install, and operate the small wireless facility in strict compliance with all approved permits.

(2)

As more concealable equipment evolves and becomes available, the permittee shall place above-ground equipment below ground, including, but not limited to:

a.

Any accessory equipment that has been mounted to a small wireless facility or pole or mounted on the ground; and

b.

Replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to this Code.

(3)

The permittee shall submit and maintain current at all times basic contact and site information on a form as may be provided by the Development Services Director, in consultation with the Public Works Director. The permittee shall notify the Development Services Director of any changes to the information submitted within seven days of any change, including change of the name or corporate legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.

Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the small wireless facility.

b.

The corporate legal status of the owner of the small wireless facility, including official identification numbers and FCC certification.

c.

Name, address, and telephone number of the property owner if different than the permittee.

(4)

The permittee shall not place any small wireless facility that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting, and public signage.

(5)

At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

(6)

At all times, the permittee shall ensure that the small wireless facility complies with the most current regulatory and operational standards including, but not limited to, radio-frequency emissions standards

adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration.

(7)

Every five years the permittee shall submit to the Development Services Director a written report by a qualified licensed radio-frequency emissions engineer, certifying that the facility follows the radio-frequency emissions guidelines or standards of the FCC. Additionally, if at any time while the small wireless facility permit is in effect the Development Services Director, in consultation with the Public Works Director, determines there is good cause to believe that the small wireless facility may emit radio-frequency emissions that are likely to exceed FCC standards, the Development Services Director may require the permittee to submit a report described by this Section. Failure to comply with this provision shall be grounds for revocation of the small wireless facility permit by the Development Services Director. This provision shall not apply to small wireless facilities that are categorically excluded from assessment per FCC Regulation 47 C.F.R. § 1.1307(b), as may be amended or superseded.

(8)

The permittee shall assume full liability for damage or injury caused to any property or person by the small wireless facility.

(9)

The permittee shall agree to the following indemnity provision, as approved by the City Attorney, which shall substantially read as follows: The permittee of any administrative or discretionary land use entitlement permit issued under the provisions of this Section shall indemnify, defend, and hold the City, its officers, agents, employees, and representatives ("indemnitees"), harmless from and against any and all loss, damage, liability, claim, demand, suit, cost, and expense whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the issuance of any such permits or approvals and/or the installation, construction, maintenance, use, or operation of the work contemplated on private property, City property, or the public right-of-way for such permits, regardless of whether the indemnitees reviewed and approved any plans or inspected any work or improvement, including any encroachment, and regardless of whether such maintenance, repair, replacement, or condition was affected or caused by the indemnitees, except as provided by law.

(10)

All conditions of approval shall be binding as to the applicant and all successors in interest to the permittee.

(i)

Additional conditions of approval for small wireless facilities in the public right-of-way. In addition to compliance with the requirements of Section 9.04.055 and the conditions of approval stated above in subsection (h), including without limitation the terms and conditions set forth in an approved encroachment permit, approval of small wireless facilities in the public right-of-way shall be subject to the following conditions of approval and any modification of these conditions or additional conditions of approval deemed necessary by the Development Services Director, in consultation with the Public Works Director:

(1)

The small wireless facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Development Services Director, in consultation with the Public Works Director, for the purpose of: (a) protecting the public health, safety, and welfare, (b) preventing interference with pedestrian and vehicular traffic, and (c) preventing damage to the public right-of-way or any property adjacent to it.

(2)

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior written consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a small wireless facility unless the Development Services Director, in consultation with the Public Works Director, determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to an encroachment permit issued for any small wireless facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way to be affected by applicant's small wireless facility.

(3)

The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, curbs, gutters, trees, parkways, slopes, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility lines and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a small wireless facility in the public right-of-way. The permittee shall restore such areas, structures, and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the Development Services Director, the Public Works Director shall cause such repair to be completed at permittee's sole cost and expense.

(4)

The permittee shall modify, remove, or relocate its small wireless facility, or portion thereof, without cost or expense to the City, if and when made necessary by:

a.

Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground public infrastructure including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by the City or any other public agency;

b.

Any abandonment of any street, sidewalk, or other public facility;

c.

Any change of grade, alignment or width of any street, sidewalk, or other public facility; or

d.

A determination by the Development Services Director, in consultation with the Public Works Director, that the small wireless facility has become incompatible with public health, safety, or welfare or the public's use of the public right-of-way.

(5)

Any modification, removal, or relocation of the small wireless facility shall be completed within 90 days of written notification by the Development Services Director, in consultation with the Public Works Director, unless exigencies dictate a different period for removal or relocation. Modification or relocation of the small wireless facility shall require submittal, review, and approval of a permit amendment pursuant to this Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in this Code allow. In the event the small wireless facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole cost and expense of permittee. In the event of exigent circumstances, as determined by the Development Services Director, in consultation with the Public Works Director, the City may modify, remove, or relocate small wireless facilities without prior notice to permittee provided permittee is notified in writing within a reasonable period thereafter.

(j)

Abandonment or discontinuation of use.

(1)

Small wireless facilities that have not provided wireless communication services for a cumulative period of 90 days in a one-year period shall be considered abandoned and shall be removed promptly from the premises no later than three months after written notification is sent by the Development Services Director, in consultation with the Public Works Director, to the operator of the small wireless facility and property owner. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The permittee shall send to the City a copy of the discontinuation notice required by the California Public Utilities Commission or FCC at the time the notice is sent to the regulatory agencies.

(2)

Small wireless facilities that are abandoned but not removed within the required three-month period from the date of notice shall be in violation of this Section, and the operators of the small wireless facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this Code. The City may remove all abandoned small wireless facilities following the three-

month removal period at the operators' expense. Facilities removed by the City shall be stored for no less than 15 days and thereafter disposed of by public auction, if deemed to be of value by the City, or otherwise as permitted by law.

(k)

Appeals. A decision of the Development Services Director pursuant to this Section may be appealed on behalf of the applicant to the Planning Commission pursuant to Section 9.08.030 and Table 9.08.1 of this Code and such appeal shall be reviewed and decided in conformance with the time periods and procedures established by applicable State and Federal law, and FCC regulations and orders.

(Ord. No. 20-04, § 2, 6-10-2020)

Sec. 9.04.060. - Caretaker facilities.

Caretaker facilities may be developed as permitted in specific zoning districts for the exclusive use of personnel employed for the maintenance and security of the principal use, subject to the following provisions:

(1)

Permanent caretaker facilities are subject to the following requirements:

a.

Must be listed as a permitted use in the applicable zoning district.

b.

Must meet all yard setback requirements of the applicable zoning district.

(2)

Temporary caretaker facilities are subject to Section 9.04.130.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.04.070. - Fences, walls, hedges and landscape screening.

(a)

General.

(1)

Fences, walls, hedges and landscape screening may be erected within required yard setbacks in all zoning districts subject to the requirements of this Section.

(2)

Fences are required to be located in internal side yards between residences and in any yard located between a residence and an open space or park use.

(3)

For the purposes of this Section, the words "fence" and "wall" shall have the same meaning, and any reference to fences shall include walls. In addition, all height restrictions applying to fences and walls shall apply equally to landscaping planted within required yards forming a barrier serving the same visual purpose as a fence or wall.

(b)

Measurement of height. The height of any fence, wall, hedge or landscape screening shall be measured from the finished grade upon which the fence is placed and the top of the fence as illustrated in Figure 9.04.1. For fences or walls that are located on a natural or manufactured slope in a side or rear yard, the fence may be staggered in height where the minimum height is not less than five feet. Plans for such fences and walls shall be subject to the approval of the Development Services Director.

==> picture [222 x 206] intentionally omitted <==

Figure 9.04.1 Fence and Wall Height

(c)

Height limits. The following height limits apply to all zoning districts, except as identified in Subsection 9.04.070(d).

All residential and future planned community (FPC) lots.

(1)

Front yard. Three and one-half feet.

(2)

Side yard. Six feet with the exception of corner lots. Corner lot side yards shall maintain a height limit of three feet within ten feet of a corner side property line. At no time shall such fence, wall, hedge or landscape screening encroach into any area of unrestricted visibility as specified in Section 9.06.100.

(3)

Rear yard. Six feet.

All commercial, mixed-use, and business park lots. As identified in Section 9.05.070.

(d)

Exceptions to height limits.

(1)

Lots adjacent to arterials and highways with a noise contour of 65 dBA or greater as shown in the General Plan noise element may, for noise attenuation purposes, install and maintain a fence or wall to a maximum of eight feet. Any such wall over six feet in height shall be subject to administrative approval (Section 9.08.040) to ensure that the fence or wall is compatible with surrounding land uses. All walls must be constructed in accordance with the requirements of Subsection 9.04.070(g).

(2)

Any wall over eight feet in height shall be subject to discretionary approval through an alternative development standard as described in Section 9.08.050. Such wall or fence visible from public rights-ofway shall have architectural treatments as described in Subsection 9.07.070(g) designed to mitigate its visual impact.

(3)

The Development Services Director may approve fences up to five feet in height in front yards if the following requirements are met:

a.

The portion of the fence above three and one-half feet in height is of open vertical bar construction with a minimum spacing of three inches between vertical elements.

b.

The City Engineer confirms the proposed fence allows adequate sight distance for vehicles using driveways and/or street intersections.

(4)

Where the elevation of an adjoining building site to the side or rear is higher than the base of the fence or wall in the side or rear setback area, the height of the fence or wall may be measured from the elevation of the adjoining building site to the top of the fence or wall as illustrated in Figure 9.04.1. However, in no case

shall such a fence or wall exceed eight feet from the base of the fence or wall to the top. This exception shall not apply to situations where the subject fence or wall is located adjacent to a street or alley.

(e)

Fence/retaining wall combinations. If a fence is a vertical extension of a retaining wall, and the combined retaining wall and fence height is greater that six feet within a side or rear yard or greater than three and one-half feet within a front yard (measured from the base of the retaining wall), the base of the fence shall be stepped back from the top of the retaining wall a minimum of two feet as illustrated in Figure 9.04.2. This provision is subject to the review and approval of the Development Services Director.

==> picture [229 x 184] intentionally omitted <==

Figure 9.04.2 Fence/Retaining Wall Combinations

(f)

Prohibited materials. Barbed wire, razor wire and other similar materials are prohibited in all zoning districts. Chain link fencing is only permitted under the following circumstances:

(1)

In commercial and business park zoning districts and only when not visible from the public right-of-way;

(2)

Temporary fencing associated with a construction site, special event or other similar temporary use; and

(3)

In the park zoning district and only when associated with existing sports field fencing. New permanent chain link fencing in the park zoning district shall only be permitted as part of an approved changed plan.

(g)

Requirements for all zoning districts. All fences, walls, hedges and landscape screening are subject to the following additional height and design standards:

(1)

Fences located on corner lots and adjacent to driveways shall be in compliance with the provisions of Section 9.06.100.

(2)

All swimming pools, whirlpools, and spas shall be enclosed by a minimum five-foot high fence with a selfclosing gate.

(3)

Tennis court fencing shall be in compliance with the setback and height requirements of Chapter 9.04.

(4)

Where walls are used along property frontages, or screen walls are used to conceal storage and equipment areas, they shall be constructed of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. Walls shall be painted tan, brown, or another neutral earthtone color, and architecturally treated with accent materials of stone or tile, and include pilasters or decorative cap.

Long expanses of fence or wall surfaces over 50 linear feet in length shall be vertically offset a minimum of 12 inches every 30 feet and architecturally treated with pilasters and decorative caps to prevent monotony. Landscape pockets or vines shall be provided at a minimum of 30-foot intervals for the length of the wall or fence.

(h)

Building permits required. Building permits are required prior to the erection of fences in accordance with the requirements of the most recent Uniform Building Code adopted by the City.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 11-06, § 1, 9-14-2011; Ord. No. 24-07, § 17, 9-11-2024)

Sec. 9.04.080. - Nonconforming uses, lots and structures.

(a)

General provisions.

(1)

The provisions to this Section apply to all existing, legal nonconforming uses, activities and structures as defined in Section 9.01.200, and to any use, building or structure made nonconforming upon adoption of this and subsequent ordinances.

(2)

Any conforming or nonconforming use or structure established illegally under the ordinance in effect at the time of establishment is considered an illegal use or structure and shall be subject to immediate abatement

or correction.

(b)

Nonconforming use—Continuation of use.

(1)

The lawful use or occupancy of a building existing at the time this Title or amendments thereto take effect may be continued provided there is no alteration or addition to any structure, nor any enlargement of area, space, or volume occupied by such nonconformity.

(2)

A legal nonconforming use shall not be changed to another use, except to a use permitted in the zoning district in which it is located.

(3)

Any legal non-conforming use that is discontinued for 90 days within a one-year period or more shall not be re-established.

(4)

A legal non-conforming use shall not increase in intensity or expand its activities.

(c)

Nonconforming buildings and structures—Continuation of use. A legal nonconforming building or structure shall be allowed to remain for the lifetime of the structure provided the structure and property on which it is located are maintained in good condition and repair.

(d)

Repairs and maintenance.

Ordinary repairs and maintenance work. Ordinary repairs and maintenance work may be made to a legal nonconformity, subject to the following provisions:

(1)

Maintenance work shall not include structural alterations, except those required by law or those required to make the structure and use conform to the standards and use regulations of the zoning district in which such structure and use are located.

(2)

Ordinary repairs and the repair or replacement of nonbearing walls, fixtures, wiring, and plumbing may be made to an extent not exceeding the latest assessed valuation of the structure. In no case, however, shall the cubic content of the structure as it existed when it became nonconforming be increased.

Repairs to damages. In the event damage or destruction to a non-residential structure exceeds one-half of the assessed valuation of such structure, that structure shall not be reconstructed except in conformity with all use and area regulations for new structures in the zoning district in which such structure is located. In the event damage or destruction to a residential structure exceeds one-half of the assessed valuation of such structure, that structure may be reconstructed on the approved building footprint as of the date of adoption of this Title, as determined by the Building Official, but shall comply with all other use and area regulations for new structures in the zoning district in which the structure is located.

Strengthening and restoring. Nothing set forth in this Section shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or its support structure, or part thereof, declared to be unsafe by any officer of the City charged with protecting the public safety upon the order of such officer.

(e)

Enlargement. A legal nonconformity shall not be enlarged in volume or extended or relocated beyond the area it occupies. However, when a residential or commercial structure established legally becomes nonconforming under the provisions of this Title, specifically related to setbacks, lot size or height limit, the structure may be enlarged or extended under the following provisions:

(1)

A structure shall not extend or enlarge into any nonconforming setback area; however, the structure may extend or enlarge in any direction where the setbacks are conforming to the provisions of this Title.

(2)

The structure shall comply with all applicable lot coverage restrictions.

(f)

Removal of nonconforming uses or structures. The City may adopt abatement programs for nonconforming uses and structures. The abatement program shall identify an amortization period and process for the removal of nonconforming use or structure.

(g)

Violations. Any of the following violations shall immediately terminate the right to operate a legal nonconformity:

(1)

Changing to another use not permitted in the district;

(2)

Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use; or

(3)

Increasing the number of personnel employed or volume of business performed so that such increase constitutes an intensification of the nonconforming use.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Purpose. The provisions of this Section are established to provide for the collection, storage and removal of solid waste from non-residential, mixed-use, and multi-family establishments and for the redemption and recycling of reusable materials, separation of organic and green waste, and to make such facilities convenient to the consumer in order to reduce the solid waste and organic material streams to landfills and increase the recycling of reusable materials. The recycling and organic waste facilities outlined by this Section are intended to encourage recycling and organic waste services by providing a comprehensive and easily understood program of permitting and regulating such uses. Solid waste disposal is also subject to Chapter 5.06 (Solid Waste) of this Code.

(b)

Trash recycling, and organics enclosure requirements.

(1)

All trash, recycling, and organic waste enclosures shall be designed to facilitate the collection of solid waste in accordance with Chapter 5.06 (Solid Waste) of this Code.

(2)

All trash, recycling, and organic waste bins shall be completely screened from view using an enclosure meeting the requirements of Section 5.06.460 (Solid Waste Container Storage Enclosures) of this Code and consisting of three solid walls and a gate to provide access by necessary personnel, including solid waste generators and authorized collectors.

(3)

Temporary bins and roll-off boxes used for construction and demolition projects are not required to be within an enclosure, subject to the requirements of Chapter 5.06 (Solid Waste) of this Code.

(4)

Trash, recycling, and organic waste enclosures for multi-family, mixed-use, and non-residential uses shall be constructed to accommodate the size and number of containers required for the development with minimum interior dimensions of nine feet by 13 feet. All enclosures shall include a solid roof with a minimum height of nine feet, level concrete surface, and floor drain connected to sanitary sewer. It is recommended that applicants verify the number and size of required waste containers prior to submittal of a development application. Gates shall be opaque, self-latching, and metal or metal-framed.

(5)

All trash, recycling, and organic waste bin lids shall remain closed at all times, with the exception of the temporary opening and closing of the lids for the collection and removal of solid waste.

(6)

Trash, recycling, and organic waste bin enclosures shall be used for the collection of solid waste only. Trash, recycling, and organic waste bin enclosures shall not be used for storage, stockpiling or other similar uses.

(7)

Any non-residential or multi-family establishment desiring to provide recycling and organic waste removal on-site, but having insufficient space on-site, may reduce the parking requirement by one parking space in order to allow for an expanded trash enclosure and required screening for recycling and organic waste bins, subject to Development Services Director approval and subject to Section 9.05.070 (Landscape and Screening).

(c)

Recycling facility permit requirements. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining all required approvals and permits pursuant to the provisions set forth in this Section. Recycling facilities shall be permitted as set forth in Table 9.04.1.

Recycling facility operational/site standards. Permitted and conditionally permitted recycling facilities shall meet all of the applicable criteria and standards in this Section.

The criteria and standards for recycling facilities are as follows:

(1)

Reverse vending machines. Reverse vending machines do not require additional parking spaces for recycling customers and are permitted in the zoning districts identified in Table 9.04.1, provided the machines:

a.

Are established in conjunction with a commercial or business park use or community facility which is in compliance with the zoning, building and fire codes of the City;

b.

Are located near the entrance to the structure and shall not obstruct pedestrian or vehicular circulation;

c.

Do not occupy parking spaces required by the primary use;

d.

Do not occupy more than 50 square feet;

e.

Are constructed of durable rustproof and waterproof material;

f.

Have sign area of a maximum of four square feet per machine exclusive of operating instructions;

g.

Comply with illumination requirements in this Title;

h.

Are maintained in a clean, dry, and litter-free condition on a daily basis; and

i.

Are clearly marked to identify the phone number of the operator or responsible person if the machine is inoperative or in violation of this Code.

(2)

Recycling areas. Recycling areas no greater than 100 square feet in size are permitted as accessory uses in the zoning districts identified in Table 9.04.1. All recycling areas must meet the landscaping and screening and outdoor storage regulations identified in Section 9.05.070 and the parking requirements identified in Chapter 9.06.

(3)

Small collection facilities. Small collection facilities may be located in the zoning districts identified in Table 9.04.1 and do not require additional parking spaces provided that they comply with the following standards:

a.

The facility is established in conjunction with an existing commercial use or community facility which is in compliance with the zoning, building and fire codes of the City;

b.

The facility is no larger than 500 square feet and occupies no more than five parking spaces, not including space that will be needed periodically for removal of materials or exchange of containers, provided said parking spaces are not necessary to satisfy the minimum on-site parking requirements of this Title;

c.

The facility is set back ten feet from the public right-of-way and does not obstruct pedestrian or vehicular circulation;

d.

The facility and signs are in compliance with the requirements of this Title;

e.

Hours of operations are restricted to the same as the primary use;

f.

The facility is clearly marked to identify the phone number of the operator or responsible person if the machines are inoperative or in violation of this Title; and

g.

The site is maintained free of litter and any other undesirable materials, and cleaned of loose debris on a daily basis.

(4)

Large collection facilities. A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a primary use, and which may have a permanent building. Large collection facilities are permitted in the zoning districts identified in Table 9.04.1, subject to approval of a site plan review and conditional use permit, and the facility shall meet the following standards:

a.

The facility does not abut a property zoned or planned for residential use;

b.

The facility will be screened from the public right-of-way by operating in an enclosed building or;

1.

Within an area enclosed by an opaque fence or wall at least six feet in height with landscaping;

2.

At least 150 feet from property zoned or planned for residential use;

c.

The facility shall meet all development standards as required in this Title; and

d.

The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

Table 9.04.1

Allowed Recycling Facilities

— = Not permitted P = Permitted

C = Conditional Use Permit

A = Permitted as an accessory use or structure

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 24-07, § 18, 9-11-2024)

Sec. 9.04.100. - Gas and fuel dispensing stations.

(a)

Purpose. The provisions of this Section are established to provide for the needs of motorists with appropriately designed and located gas and fuel dispensing stations.

(b)

Discretionary permits required. All gas and fuel dispensing stations require a site development permit and conditional use permit as described in Sections 9.08.170 and 9.08.110.

(c)

Use regulations.

(1)

The following activities are permitted as primary uses in gas and fuel dispensing stations:

a.

Sale and dispensing of engine fuels and lubricants;

b.

Sale and service of tires, batteries, automotive accessories, and replacement items;

c.

Minor automotive repair, including all government mandated automobile diagnostic evaluations; and

d.

Other incidental customer services and products.

(2)

The following activities may be permitted as accessory uses subject to a site development permit and conditional use permit as described in Sections 9.08.170 and 9.08.110.

a.

Sale of groceries and sundries;

b.

Automatic or manual automobile washing, waxing, interior cleaning, and detailing services;

c.

Sale of liquefied or pressurized butane, propane, or natural gas;

d.

Fast-food restaurants with or without drive-through facilities. These uses are subject to all County, State and Federal health regulations.

(3)

The outdoor storage of motor vehicles other than the temporary parking of an automobile being serviced or for the temporary use of employees during work hours shall be prohibited.

(d)

Site development standards.

(1)

Building site area. No minimum.

(2)

Minimum street frontage. Minimum street frontage is required as follows:

a.

One hundred feet on one street for a station that engages only in the sale and dispensing of engine fuels and lubricants; and

b.

One hundred fifty feet on one street for a station that engages in any two or more activities listed in Subsections (c)(1) and (2).

(3)

Building height. Maximum of 25 feet.

(4)

Setbacks. The minimum setback requirements are as follows:

a.

For corner lots, the minimum front setback and the minimum street side setback shall be the minimum setback required by the zoning district of the abutting property.

b.

For interior lots, the minimum front setback shall be the minimum front setback required by the zoning district of the abutting properties. If the required front setbacks of the abutting properties differ, the station is required to provide the greater setback.

c.

The minimum side setback and the minimum rear setback are as required by the applicable zone, except that if the lot abuts residentially zoned property, the minimum side or rear setback along the common property line is 15 feet or as required by the zone, whichever is greater.

(5)

Vehicular access, queuing, and driveway visibility regulations. Prior to issuance of a building permit, a plan of vehicular access and queuing for the entire street frontage of the building site containing the station shall be approved by the City Engineer.

(6)

Lighting. All exterior and interior lighting shall be designed and located to confine direct rays to the building site.

(7)

Signs. All project identification signs shall conform to the design regulations as set forth in the Chapter 9.07.

(8)

Trash and storage area. All storage of cartons, containers, and trash shall be shielded from view within a building area or enclosed by a solid masonry wall not less than six feet in height. No trash or storage area shall be located within 50 feet of any adjacent residential uses.

(9)

Enclosed uses. All activities other than the sale of motor fuel shall be contained in the primary building onsite, except that motor oil, tires, batteries and other automotive supplies may be displayed at pump islands or adjacent to a building if the display or storage racks and containers are designed to appear as an integral part of the pump island or building exterior.

(10)

Landscaping and screening. The landscaping and screening requirements (Section 9.05.070) of the zoning district in which the station is located shall apply.

(e)

Abandonment or discontinuation of use. When a gas and fuel dispensing station is abandoned or the use changed, the property owner shall remove the underground storage tanks in accordance with all applicable County, State, and Federal procedures and regulations.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 24-07, § 18, 9-11-2024)

Sec. 9.04.110. - Storage and display—Outdoor.

(a)

Outside storage as accessory use. The outside storage of materials and equipment, where permitted in non-residential zoning districts as incidental to the use of an office, store, warehouse, or other commercial building located on the same building site, shall conform to the following:

(1)

Any outdoor area used for storage shall be completely enclosed by a solid masonry wall, with necessary solid appearing gates, with a minimum height of six feet and a maximum height of eight feet. The substitution of a fence, decorative wall, or dense plantings which will adequately buffer the area may be approved as a part of the development review procedures.

(2)

The storage of materials or equipment shall not be higher than the enclosure surrounding it. Exceptions may be granted by the Planning Commission in cases where the stored materials are within a container, such as bins or tanks, for finished products in transition or in other situations where the provisions of this Subsection are not appropriate.

(3)

The required off-street parking facilities and driveways shall not be used for any storage or display purpose which would at any time preclude the use of the area for the required parking for the site unless allowed by a special event permit.

(b)

Outside displays of merchandise and products. The outside displays of merchandise and products shall be prohibited in all zoning districts, except where specifically permitted by this Title, and in particular, Section 9.05.110. Permitted outside displays shall comply with the following provisions:

(1)

Every portion of a lot used for outside displays (such as garden centers and other outdoor sales displays) shall comply with all the setback requirements for the applicable zoning district, except for vehicular sales and rentals.

(2)

Every portion of a lot used for outside displays shall be considered as a part of the gross floor area in calculating the parking requirements for the subject use, except for vehicular sales and rentals.

(3)

Every portion of a lot used for the sale, rental, or lease of automobiles, trucks, trailers, and other similar vehicles shall comply with the screening, access, circulation, paving, bumper, lighting, and other applicable provisions of this Title required for parking facilities. For inventory parking of vehicles, tandem parking is permitted, subject to maintenance of a 25-foot drive aisle. In addition to the landscape requirements required by Chapter 9.06 all sites shall provide a minimum ten-foot landscaped buffer area between the street frontage and display area; and

(4)

All outside display areas shall be designated and approved by the Planning Commission through a site development permit.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.04.120. - Swimming pools and spas.

The provisions of this Section apply to swimming pools, whirlpools and spas:

(1)

Location and setback requirements.

a.

Pools, whirlpools and spas shall be located no closer than three feet from the edge of the water to any side or rear property line.

b.

No pool, whirlpool, or spa shall be located within the front yard setback of a lot.

(2)

Fence required. Pools, whirlpools and spas must be enclosed by a fence as required by the adopted Uniform Building Code.

(3)

Filter and heating equipment. Filter, heating, and other pool support equipment shall maintain the setback requirements described within the adopted Uniform Building Code. All pool equipment shall adhere to the requirements of Chapter 5.04 of the Municipal Code. All pool equipment shall be completely screened from view from any public right-of-way and from any adjacent property.

(4)

Supplemental pool structures.

a.

Supplemental swimming pool, whirlpool and spa structures less than five feet in height shall be located no closer than three feet from the edge of the structure to any side or rear property line.

b.

Supplemental pool structures including pool slides, waterfalls, grottos, etc., which exceed five feet in height shall be set back from the rear and side property lines at a distance equal to the maximum height of the structure.

c.

In no instance shall a supplemental pool structure exceed a height of eight feet.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 09-03, § 4, 3-25-2009)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections A.—D. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (1)—(4).

Sec. 9.04.130. - Temporary uses and structures.

(a)

Purpose. This Section allows for the establishment of certain temporary uses of limited duration, provided that such uses are discontinued upon the expiration of a set time period. Temporary uses do not involve the construction or alteration of any permanent building or structure. Some temporary uses may be considered a special event and subject to Sections 9.05.110 and 9.08.180.

(b)

General standards for all temporary uses and structures. All temporary uses and structures shall meet the following general requirements, unless otherwise specified in this Title:

(1)

The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

(2)

The temporary use shall not have substantial adverse noise impacts on nearby residential uses.

(3)

Permanent alterations to the site are prohibited.

(4)

If the property is developed, the site of the temporary use shall contain an area that supports the temporary use without encroaching into or creating a negative impact on existing buffers, open space, landscaping, pedestrian and vehicular traffic movements (including emergency vehicle access), and parking space availability.

(5)

If the property is undeveloped, the site of the temporary use shall contain sufficient land area to allow the temporary use to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers.

(6)

Temporary structures shall be located so as to not interfere with the normal operations of any permanent use located on the property.

(7)

The temporary use shall not violate any applicable conditions of approval that apply to the principal use on the site.

(8)

Off-street parking shall be adequate to accommodate the proposed temporary use.

(9)

All approved temporary signs associated with the temporary use shall be removed when the activity ends.

(10)

All inspections and permits required by applicable construction codes shall be obtained.

(11)

Any temporary use or structure, which will be utilized for longer than 90 days, may be reviewed for aesthetic impacts by the Development Services Director.

(12)

All temporary structures shall be approved through a site development permit as identified in Section 9.08.170, unless otherwise approved through a special event permit identified in Sections 9.05.110 and 9.08.180.

(c)

Specific standards for certain temporary uses and structures.

Construction-related activities. Temporary construction-related activities, including construction offices and storage buildings, outdoor storage, restroom facilities, employee parking areas and any other temporary construction-related use or activity, may occur on the same site or on a site that is adjacent to or nearby the construction site. On-site and off-site uses shall be removed within 30 days after issuance of a final certificate of occupancy. If the use was off-site, the off-site property shall be restored to its previous condition.

Temporary office facilities and temporary classroom facilities. Temporary facilities used as sales/leasing offices or temporary classrooms, including those located in a model unit of a residential project, or used during construction to expand or replace a permanent building, or used as temporary classrooms for private schools, may be permitted on the same site as the permanent use. Sales offices may be established for pre-sales or leasing prior to construction of the project.

(1)

Such temporary facilities may remain on the site for up to 12 months. This period may be renewed for two six-month periods, for good cause shown, upon approval of a written request, submitted to the Development Services Director thirty days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary use to remain on the site for more than two years, unless otherwise approved by the Planning Commission through a site development permit as described in Section 9.08.170.

a.

Temporary classrooms approved by the Planning Commission through a site development permit shall apply for a renewal of the temporary facilities at least three months prior to the expiration of the temporary

use established within the site development permit.

If the approval for a temporary classroom expires, a new site development permit must be approved by the Planning Commission as described in Section 9.08.170.

(2)

In addition to meeting the general standards of Subsection 9.04.130(b), all temporary structures approved pursuant to this Section shall meet the following standards and requirements:

a.

Location. Such structures may be located anywhere on site, except within the established setbacks for the zoning district, existing vegetated buffers, or other areas designated on the site plan to remain free from land disturbance.

b.

Other requirements.

1.

The temporary structure shall be factory-fabricated and transportable.

2.

Underskirting shall be installed around all temporary structures requiring site plan approval.

3.

All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained from the Building Official prior to installation of the temporary structure.

4.

For those temporary structures requiring site plan approval by the Planning Commission, the temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.

5.

A sketch plan containing sufficient information to show compliance with the above standards shall be submitted to and approved by the Development Services Department prior to installation of the temporary structure.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

Sec. 9.04.140. - Water features.

The following regulations apply to water features:

(1)

Location and setback requirements.

a.

Water features less than five feet in height shall be located no closer than three feet from the edge of the water feature to the property line. Structures shall maintain the setbacks required by the adopted Uniform Building Code.

b.

Water features in excess of five feet in height shall be set back from all property lines at a distance equal to the maximum height of the feature.

c.

In no instance shall a water feature exceed eight feet in height.

(2)

Filter, aeration, and heating equipment. Filter, heating, and other support equipment shall maintain the setback requirements described within the Uniform Building Code. All equipment shall adhere to the requirements of Chapter 5.04 of the Municipal Code. All equipment shall be completely screened from view from any public right-of-way and from any adjacent property.

(3)

Runoff. The water feature shall generate no detectable runoff from the property.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 09-03, § 4, 3-25-2009)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections A.—C. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (1)—(3).

Sec. 9.04.150. - Cybercafes.

All regulations for cybercafes are contained within Chapter 6.11.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.04.160. - Massage establishments.

All regulations for massage establishments are contained within Chapter 4.02.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.04.170. - Emergency shelters.

(a)

Development and management standards. An emergency shelter must meet the following development and management standards:

(1)

The shelter may serve no more than ten persons per night unless State law requires a different limitation greater than ten, in which case the shelter may serve no more than the number of persons required by State law.

(2)

The shelter shall provide sufficient parking as required in Table 9.06.3 Non-Residential Parking Requirements.

(3)

The waiting and client intake areas shall be at least 250 square feet in total gross floor area.

(4)

The shelter shall prepare and file a management plan with the City that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights-out. As part of the management plan, each shelter must provide 24-hour on-site supervision when the shelter is operating. An "on-site 24-hour manager" shall mean one or more identified individuals, at least one of whom shall be

present at the emergency shelter at all times, and who shall have authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards.

(5)

No person may stay at a shelter for longer than six months within a one-year period.

(6)

All lighting shall be subject to Section 9.5.080 Lighting Standards.

(7)

Security shall be provided during the hours the shelter is in operation.

(b)

Findings required for disapproval of an emergency shelter. The City may not disapprove an emergency shelter from any zoning district where it is considered a permitted use unless it makes written findings, based upon substantial evidence in the record as to one of the following:

(1)

The City has met or exceeded the need for emergency shelters as identified in the Housing Element, and that the disapproval is not based on any of the reasons prohibited by California Government Code Section 65008.

(2)

The emergency shelter would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with this Title or the General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

(3)

The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.

(4)

The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

(5)

The emergency shelter is inconsistent with both this Title and the General Plan land use designation as specified in any element of the General Plan as it existed on the date the application was deemed complete, and the City has adopted a revised Housing Element that is in substantial compliance with State law.

(Ord. No. 11-02, § 9, 4-27-2011)

Sec. 9.04.175. - Transitional and supportive housing projects.

(a)

Transitional housing and supportive housing. Consistent with subdivision (c)(3) of Government Code Section 65583, transitional and supportive housing are considered residential uses of property and shall be subject only to those permit requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration in the same zoning district, as determined by the Development Services Director based on the predominant characteristics of the proposed development. The applicant for a transitional or supportive housing development shall provide all information reasonably requested by the Development Services Director necessary to establish that the proposed use meets the definition of transitional housing or supportive housing pursuant to California Government Code Section 65582.

(b)

Permanent supportive housing for persons experiencing homelessness. Notwithstanding any other provision of this Code, in accordance with Government Code Section 65650 et seq., a supportive housing

development shall be a use by right in any zoning district where multi-family and mixed-use are permitted and shall be subject to ministerial review by the Development Services Director if it conforms to each of the following requirements:

(1)

The development shall consist of 50 units or fewer.

(2)

The development shall conform to all objective development standards and policies that apply to multifamily dwellings or multi-family residential components of mixed-use projects in the zoning district in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents.

(3)

The development shall satisfy all requirements set forth in Government Code Section 65651, including, without limitation, the following:

a.

Units with the development shall be subject to a recorded affordability restriction for 55 years.

b.

One hundred percent of the units, excluding managers' units, within the development shall be restricted to lower income households and receiving public funding to ensure affordability of the housing to lower income Californians.

c.

At least 25 percent of the units in the development or 12 units, whichever is greater, shall be restricted to residents who meet criteria of the target population as defined in Health and Safety Code Section 50675.14. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager's units, in the development shall be restricted to such residents.

d.

Nonresidential floor area shall be used for on-site supportive services in the following amounts:

1.

For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.

2.

For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

e.

The project shall replace any existing or previously demolished protected units on the site in the manner provided in subdivision (c)(3) of Government Code Section 65915.

f.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator.

(4)

The applicant shall submit for review and approval by the Development Services Director a plan for providing on-site supportive services, along with supporting documentation, in accordance with Government Code Section 65652. Such on-site supportive services may include, but are not limited to, transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services, parenting services, and budgeting and life skill services.

(5)

The record owner(s) of the property shall enter into a regulatory agreement with City pursuant to Section 9.14.050 to ensure compliance with the provisions of Government Code Section 65651 and this Subsection 9.14.070(b).

(c)

Low barrier navigation centers. Notwithstanding any other provision of this Code, a low barrier navigation center shall be permitted as a use by right in any areas zoned for mixed-use and in nonresidential zoning districts permitting multi-family uses and shall be subject to ministerial review by the Development Services if it satisfies the requirements set forth in California Government Code Section 65662. The applicant for low barrier navigation center shall provide all information reasonably requested by the Development Services Director necessary to establish that it meets all applicable requirements.

(Ord. No. 24-06, § 3, 9-11-2024)

Sec. 9.04.180. - Single room occupancy (SRO) facilities.

SRO facilities must meet the following development and management standards:

(1)

SRO facilities shall contain a cluster of at least five rental units which each provide sleeping and living facilities for one or two persons.

(2)

SRO parking standards shall be subject to the requirements in Table 9.06.3 Non-Residential Parking Requirements.

(3)

SRO units shall have a minimum of 100 net square feet of space for a single occupancy and 120 net square feet for a two-person occupancy. The calculation for net floor space in the sleeping area includes built-in cabinets, sinks and closets, but excludes toilet compartments. A unit larger than 225 square feet shall not be considered an SRO.

(4)

A management plan shall be submitted as part of the permit application for review and approval by the City. The management plan shall contain management policies, operations, emergency procedures, security program, rental procedures, maintenance plans, and staffing needs.

(5)

An on-site, 24-hour manager is required in every SRO project. An "on-site 24-hour manager" shall mean one or more identified individuals, at least one of whom shall be present at the SRO project at all times, and who shall have authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards. In addition, a single manager's unit shall be provided which shall be designed as a complete residential unit, and be a minimum of 225 square feet in size.

(6)

SRO facilities shall be treated as non-residential uses. As such, Section 9.5.040 Density Bonus does not apply and residential dwelling unit limitations (e.g., statistical summary) are not applicable.

(Ord. No. 11-02, § 10, 4-27-2011)

Sec. 9.04.190. - Accessory dwelling units and junior accessory dwelling units.

(a)

Purpose and intent. The purpose of this Section is to provide for and regulate the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with State law.

(b)

Definitions. As used in this Section, the following terms shall have the following meanings:

Accessory dwelling unit, accessory structure, efficiency unit, living area, nonconforming zoning condition, passageway, proposed dwelling, public transit, and tandem parking all have the same meaning as that stated in Government Code § 66313(a) as that section may be amended from time to time. The terms "accessory dwelling unit" and "ADU" shall have the same meaning.

Attached ADU means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure.

Converted ADU means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached or detached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure.

Detached ADU means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure.

Director means the Development Services Director, or their designee.

Junior accessory dwelling unit shall have same meaning as that stated in Government Code § 66313(d) as that section may be amended from time to time. The terms "junior accessory dwelling unit" and "JADU" shall have the same meaning.

State exempt ADUs means the four categories of ADUs or JADUs that are created pursuant to Government Code § 66323 including one converted ADU and JADU per single-family lot as described in Government Code § 66323(a)(1), (2), one detached ADU per single-family lot as described in Government Code § 66323(a)(2), (3), one or more converted ADUs on multifamily lots as described in Government Code § 66323(a)(3), and (4), one or more detached ADUs on multifamily lots as described in Government Code § 66323(a)(4). State exempt ADUs shall be approved ministerially and are not subject to certain development standards as required by State law and as specified in Subsection (h)(6) below.

(c)

Conforming ADUs. An ADU that conforms to this Section and all applicable provisions of Section 9.04.020 (accessory structures) shall:

(1)

Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

(2)

Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and

(3)

Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(d)

Locations permitted.

(1)

Permitted ADU locations. ADUs conforming to the provisions of this Section may be located on any lot in the City zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed single-family or multifamily dwelling.

(2)

Permitted JADU locations. JADUs conforming to the provisions of this Section may be located within a proposed or existing legally developed single-family dwelling on any lot in the City that is zoned to allow single-family residential uses.

(e)

ADU requirements.

(1)

Legal lot/residence. An ADU shall only be allowed on a lot that contains a proposed or legally developed existing single-family or multifamily residence.

(2)

An ADU shall either be:

a.

Attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or

b.

Detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling including detached garages.

(3)

Number of units per lot.

a.

For lots with a proposed or existing single-family dwelling:

i.

One attached, or converted ADU, and one JADU shall be permitted on the lot; and

ii.

One detached, new construction ADU, that does not exceed four-foot side and rear setbacks.

b.

For lots with an existing multifamily dwelling:

i.

At least one ADU, and up to 25 percent of the number of the existing units may be constructed within portions of the existing multifamily dwelling structure that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) provided all applicable building code standards are met; and

ii.

Not more than eight detached ADUs shall be permitted on the lot provided the number of detached ADUs shall not exceed the number of existing units on the lot.

c.

For lots with a proposed multifamily dwelling:

i.

Not more than two detached ADUs shall be permitted.

(4)

Unit size, height and design.

a.

Maximum size.

i.

Attached ADUs. The total floor area of an attached ADU shall not exceed (i) 1,200 square feet, or (ii) 50 percent of the floor area of the existing primary dwelling unit, whichever is less. However, in no case shall this limitation be imposed to require an ADU with a total floor area of less than 800 square feet.

ii.

Detached ADUs. The total floor area of a detached ADU shall not exceed 1,200 square feet.

iii.

Converted ADUs. The maximum size limitations set forth in this Subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to extent necessary to accommodate ingress and egress.

b.

Minimum size. The total floor area of an attached or detached ADU shall be at least 150 square feet.

c.

Height.

i.

Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed 16 feet.

ii.

The height of a detached ADU located on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in § 21155 of the Public Resources Code, shall not exceed 18 feet. However, an additional two feet of height, for a maximum of 20 feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling.

iii.

The height of a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling shall not exceed 18 feet.

iv.

The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or 25 feet, whichever is lower. In no event shall any such ADU exceed two stories.

d.

To facilitate the development of ADUs in a manner that ensures reasonable consistency and compatibility of design, the Director is authorized to develop standard design plans and criteria for ADUs. ADUs developed in conformance with such standard plans and criteria shall be deemed to comply with this Subsection.

(5)

Applicability of development standards. Except as modified by this Section or as otherwise provided by State law, an ADU must conform to the development standards applicable to the lot on which it is located as set forth in this Title 9, the development standards for accessory structures set forth in Subsection 9.04.020(c)(2), and/or in an applicable specific plan or planned unit development ordinance or resolution. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet.

(6)

Setbacks.

a.

Front yard setbacks. New attached and detached ADUs are subject to the same minimum front yard setback requirements applicable to other structures on the lot on which the ADU is located.

b.

Side and rear yard setbacks. Minimum setbacks of no less than four feet from the side and rear lot lines are required for new attached and detached ADUs.

c.

Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard setbacks of the existing converted structure are sufficient for fire and safety, as determined by the City's Building Official.

(7)

Off-street parking.

a.

One off-street parking space must be provided for an attached or detached ADU. The required parking space may be permitted in setback areas, or through tandem parking on a driveway, unless specific findings are made by the Director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns.

b.

When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU, or converted to an ADU, those off-street parking spaces are not required to be replaced.

c.

Off-street parking is not required in the following instances:

i.

The ADU is located within one-half mile walking distance of public transit, including transit stations and bus stations;

ii.

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

iii.

The ADU is part of the proposed or existing primary residence or accessory structure (i.e., a converted ADU);

iv.

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

v.

When there is a car share vehicle station located within one block of the ADU; and/or

vi.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided the ADU or the parcel satisfies any other criteria listed in this Section.

(8)

Exterior access. An attached or converted ADU must have independent exterior access from the proposed or existing primary dwelling.

(9)

Passageway. No passageway shall be required in conjunction with the construction of an ADU.

(f)

JADU requirements.

(1)

Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family residence, including an existing attached garage.

(2)

Size. A JADU shall not be less than 150 square feet and shall not exceed 500 square feet in size.

(3)

Separate entrance. A JADU located within a proposed or existing single-family residence must include a separate entrance from the main entrance of the residence.

(4)

Kitchen requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

(5)

Bathroom facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family residence in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling's main living area.

(6)

Parking. No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed.

(7)

Fire protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate new dwelling unit.

(8)

Utility service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

(9)

Deed restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:

a.

The property shall include no more than one JADU.

b.

The JADU may not be sold, mortgaged, transferred separately from the primary residence; this deed restriction may be enforced against future purchasers.

c.

The owner of the property shall occupy either the primary residence or the JADU as his or her domicile. In the event owner occupancy of the property ceases, the JADU shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose.

d.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Section.

The deed restriction may not be modified or terminated without the prior written consent of the Director.

(g)

Other requirements.

(1)

No separate conveyance. Except as otherwise provided in Government Code § 66341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold

or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership.

(2)

No short-term rental permitted. An ADU that is rented shall be rented for a term that is longer than 30 days. Short-term rental (i.e., 30 days or less) of an ADU is prohibited.

(3)

Owner occupancy requirements.

a.

ADUs. Owner occupancy of either the primary dwelling or ADU is not required.

b.

JADUs. The property owner of the lot upon which a JADU is located must occupy either the JADU or the primary residence as his or her domicile.

(h)

Permit application and review procedures.

(1)

Building permit required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this Section or by State law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling.

(2)

Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials proscribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

(3)

Review. The Director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within the time prescribed by law. Review is limited to whether the proposed ADU or JADU complies with the requirements of this Section. If an applicant requests a delay, the time period for the City to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU unit is submitted with an application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

(4)

Zoning conformity. The City shall not require, as a condition of approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

(5)

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

(6)

State exempt ADUs and conformity with State law. The City shall not apply any requirement or development standard provided for in this Chapter to an ADU or a JADU to the extent prohibited by any provision of State law, including, but not limited to, Government Code § 66323. State exempt ADUs shall be approved ministerially and are not subject to the standards set forth in Government Code §§ 6631466322. For example, and without limitation, state exempt ADUs do not have to comply with Subsection (e) (4)(a)(ii), size limits for new construction multifamily detached ADUs; Subsection (e)(6)(a), front setback

te law, including, but not limited to, Government Code § 66323. State exempt ADUs shall be approved ministerially and are not subject to the standards set forth in Government Code §§ 6631466322. For example, and without limitation, state exempt ADUs do not have to comply with Subsection (e) (4)(a)(ii), size limits for new construction multifamily detached ADUs; Subsection (e)(6)(a), front setback

requirements, Subsection (e)(6)(b), side and rear setback requirements for single-family converted ADUs and JADUs, or Subsection (e)(7), off-street parking requirements.

(i)

Utilities.

(1)

ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees.

(2)

JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

(j)

Fees.

(1)

No impact fee is required for an ADU measuring less than 750 square feet. Any impact fees charged for an ADU of 750 square feet of more shall be charged proportionately in relation to the square footage of the primary dwelling.

(2)

Construction of an ADU is subject to any applicable fee adopted under the California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012).

(3)

For purposes of this Subsection, "impact fee" does not include any planning application fee, plan check fee, or building permit fee.

(Ord. No. 18-01, § 3, 2-14-2018; Ord. No. 21-02, § 3, 5-26-2021; Ord. No. 23-01, § 3, 4-12-2023; Ord. No. 25-03, § 2, 10-8-2025)

Sec. 9.04.200. - Thrift stores.

(a)

Purpose. The purpose of this section is to comply with California Government Code § 65630 et seq. to properly regulate thrift stores to ensure compatibility with surrounding land uses.

(b)

Standards. All thrift stores shall conform to the following standards:

(1)

The delivery and storage of goods or donations must be conducted entirely indoors.

(2)

Outdoor display of merchandise is regulated by Section 9.04.110 of this Title.

(3)

Donations may only be accepted during business hours; no drop-off of donated goods may occur outside of business hours. No thrift store shall operate between 10:00 p.m. and 7:00 a.m.

(4)

The donation process must be supervised and operated by employees of the thrift store.

(5)

Any donated, discarded, or illegally dumped items left outside the building must be removed immediately.

(6)

Donation acceptance areas shall be clearly marked and must provide vehicular circulation which does not interfere with shopping center ingress, egress, or parking, and may not queue onto adjacent property or the public right-of-way.

(7)

All signage, including temporary and directional signage is regulated by Chapter 9.07 of this Title

(8)

Equipment utilized in the collection, receipt, processing or disposal of used and donated goods is subject to the restrictions of Chapter 5.04 (noise control) and shall be operated in accordance with all applicable noise standards; equipment shall not be operated between 10:00 p.m. and 7:00 a.m. or on Sundays or federal holidays.

(Ord. No. 25-04, § 7, 10-8-2025)

Chapter 9.05 - Special Regulations[[3]]

Footnotes:

--- ( 3 ) ---

Note— The regulations contained in this Chapter apply to all zoning districts.

Sec. 9.05.010. - Air contaminants and other nuisance emissions.

(a)

Purpose. The purpose of this Section is to protect people and property from hazards and nuisances associated with airborne contaminants.

(b)

General. Except as otherwise established by an approved site development permit, any permitted business operation shall be performed or carried out entirely within a building that is designed and constructed so that the enclosed operations and uses do not cause or produce a nuisance to adjacent sites, such as but not limited to the following: radio frequency interference, sound, vibration, electromechanical disturbance, electromagnetic disturbance, radiation, air pollution, dust, emission of toxic or nontoxic odors, or toxic or nontoxic matter.

Any land use within the BP zoning district that causes significant emissions of vapor, odors, or other airborne particulates as a result of manufacturing processes shall be deemed to be heavy industrial, which is prohibited in the City and subject to code enforcement and/or abatement activities.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.05.020. - Residential condominium conversions.

(a)

Purpose. The purpose of this Section is to:

(1)

Provide standards and criteria for regulating the conversion of duplex or multi-family dwelling units to residential condominium, stock cooperative and community apartment types of ownership;

(2)

Determine when such conversions are appropriate;

(3)

Provide for public health, safety, and general welfare;

(4)

Provide adequate off-street parking; and

(5)

Mitigate any hardship caused by the displacement of tenants.

(b)

General. The provisions and procedures of this Section shall apply to all conversions of existing multi-family dwelling rental units to residential condominiums, stock cooperatives, and community apartments notwithstanding any other provision of this Title.

(c)

Standards. Conversion projects shall conform to the standards and requirements applicable to the zoning district in which the proposed project is located.

(d)

Application requirements.

(1)

A "site development permit application" must be submitted to the Development Services Director for any proposed residential to residential condominium conversion project.

(2)

A "conditional use permit application" must be submitted to the Development Services Director for any proposed non-residential to residential condominium conversion project.

(3)

Each application for a residential condominium conversion project shall be accompanied by the following:

a.

An engineering report on the general condition of all structural, electrical, plumbing, and mechanical elements of the existing development including noise insulation, and the estimated cost of repair or improvements, if any are needed. Said report shall be reviewed, dated and signed by the Building Official and be made available to prospective buyers.

b.

A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 15 days after the acceptance of the complete application and engineering report, the Development Services Director shall notify each tenant of the application, forward a copy of the above required engineering report, and informing them of the process. The Development Services Director shall mail a notice of public hearing to each tenant on the mailing list.

c.

A housing program, including, but not limited to the following, shall be provided by the applicant:

1.

The means by which the provision of housing affordable to lower and moderate income households will be achieved;

2.

A housing report addressing the balance of housing in the community, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and/or renovations contemplated.

3.

A survey of existing tenants as to their length of occupancy, and the number of those projected to purchase one of the units; and

4.

A relocation plan that identifies the steps that will be taken to ensure the successful relocation of each tenant in the event that the conversion takes place. The relocation plan shall also state what specific relocation assistance existing tenants will be given, including the cost of physical moving, first and last months rent, security and cleaning deposits, phone connection, and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children, and other tenants with special needs who may encounter difficulty in finding a new residence.

(e)

Tenant provisions. The property owner shall provide tenants 90 days preemptive right to purchase a unit or right of exclusive occupancy upon more favorable terms and conditions than those on which the unit will be initially offered to the public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of tenant of such right. Documentation of such notice shall be filed with the City.

r shall provide tenants 90 days preemptive right to purchase a unit or right of exclusive occupancy upon more favorable terms and conditions than those on which the unit will be initially offered to the public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of tenant of such right. Documentation of such notice shall be filed with the City.

The property owner shall also provide all tenants, who choose not to exercise their right to purchase, a termination of tenancy notice 60 to 90 days following the 90-day preemptive right to purchase.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.05.030. - Non-residential condominiums.

(a)

Purpose. The purpose of this Section is to:

(1)

Provide standards and criteria for regulating non-residential condominium projects;

(2)

Determine when such conversions are appropriate;

(3)

Provide for public health, safety, and general welfare;

(4)

Provide adequate off-street parking;

(5)

Properly regulate signage; and

(6)

Protect the property rights of the owners of non-residential condominium units from uses that may be permitted within the same zoning district, but may be incompatible within the same structure.

(b)

General. The provisions and procedures of this Section shall apply to all new construction of and conversions of existing non-residential tenant-occupied or owner-occupied units to non-residential condominiums.

(c)

Standards.

(1)

Non-residential condominium projects shall conform to the standards and requirements applicable to the zoning district in which the proposed project is located.

(2)

Non-residential condominium projects shall also adhere to the following regulations:

a.

Notice of restriction. Prior to the recordation of the final map, the applicant shall submit to the satisfaction of the Development Services Director, a "declaration of use restriction." This declaration shall ensure that only uses that are deemed compatible within the same building will be allowed and that there is adequate parking for all the allowed uses on the development site. This declaration shall be recorded against the subject property to provide notice of the use restrictions to all future owners of condominium units. This declaration may not be modified without the approval of the Planning Commission.

b.

Review of covenants, conditions and restrictions. Covenants, conditions and restrictions (CC&Rs) shall be submitted to the Development Services Director and City Attorney for review and approval prior to the recordation of the final map. The CC&Rs shall include provisions for the creation of a maintenance association for all commonly-owned elements created as a result of the condominium project, a definition of what is to be included in the new common elements, provisions for adequate property maintenance of the common areas, and responsibility for the maintenance of all walls and fences within the project. The

of the final map. The CC&Rs shall include provisions for the creation of a maintenance association for all commonly-owned elements created as a result of the condominium project, a definition of what is to be included in the new common elements, provisions for adequate property maintenance of the common areas, and responsibility for the maintenance of all walls and fences within the project. The

applicant shall provide the Development Services Department with a copy of the recorded CC&Rs within 30 days of recordation. The provisions of the CC&Rs, including, but not limited to, those concerning the creation of a maintenance association, a definition of what is to be included in the common elements, provisions for adequate property maintenance of the common areas, and responsibility for the maintenance of all walls and fences within the project may not be modified without the written approval of the City. Said maintenance association may not be dissolved without prior approval of the City, in which case a new maintenance association should be established to replace the dissolved maintenance association.

c.

Prior to the purchase of a non-residential condominium unit, the purchaser shall submit to the City, written acknowledgment of the zoning restrictions and limitations on use.

(d)

Application requirements.

(1)

For conversions, a complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 15 days after the acceptance of the complete application, the Development Services Director shall notify each tenant of the application. The Development Services Director shall mail a notice of public hearing to each tenant on the mailing list.

(2)

A floor plan that demonstrates how the individual units are planned to be configured and sold.

(3)

A sign program as deemed necessary by the Development Services Director. Said sign program shall address permanent and temporary signage.

(4)

Proposed use restrictions.

(e)

Required findings.

(1)

The project and uses proposed are consistent with the General Plan.

(2)

The project and uses proposed are consistent with the provisions of this Title, including, but not limited to, parking requirements and use standards.

(3)

Approval of the project is in compliance with the requirements of the California Environmental Quality Act.

(4)

The location, size, design and operating characteristics of the project will not create conditions or situations that may be incompatible with other permitted uses in the vicinity.

(5)

Approval of the project will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(6)

Approval of the project shall comply with the regulations and development standards defined in Section 9.08.170 and the State of California Map Act as set forth in Government Code §§ 66410 et. seq.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

Editor's note— Ord. No. 24-07, § 19, adopted September 11, 2024, repealed § 9.05.040, which pertained to density bonus and derived from Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007; Ord. No. 07-07, § 2, adopted November 14, 2007.

Sec. 9.05.050. - Fuel modification standards.

(a)

Purpose. Special regulations are necessary to ensure public safety and reduce fire damage to structures located in areas subject to risk from wildland fires. The primary purpose of the fuel modification standards is to reduce the level of risk from wildland fires by removal of native flammable vegetation and replacement with drought-tolerant, fire-resistant plants that reduce radiant and convective heat. This planting program will provide fire-suppression forces and a safe area in which to take an action to protect life and property.

(b)

Applicability. Any development application that will require the issuance of a building permit for a primary structure(s) where property is immediately adjacent to mature flammable vegetation, shall require that a fuel modification program be approved by the Orange County Fire Authority prior to building permit issuance in conformance with Title 10.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.05.060. - Home occupations.

(a)

Purpose and intent. These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

(b)

Home occupations permitted. Home occupations are permitted when conducted as an accessory use to a residential use in any residential zoning district.

(c)

General requirements. The establishment and conduct of home occupations shall comply with the following requirements:

(1)

All home occupations generally shall be conducted only within the enclosed area of the dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off-street parking requirements for the applicable zoning district are met.

(2)

There shall be no exterior evidence of the conduct of a home occupation.

(3)

The principal character or use of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a non-residential use.

(4)

No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure.

(5)

Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding neighborhood.

(6)

No storage of materials and/or supplies, indoors or outdoors, shall be permitted that will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.

(7)

Wholesale and retail sales of automobiles is not permitted.

(8)

Dating services are not permitted.

(9)

Fortunetelling, palm reading, psychics, and similar activities are not permitted.

(10)

Massage services are not permitted.

(11)

No more than two rooms in the dwelling or 20 percent of the residence, whichever is less, shall be employed for the use of the home occupation.

(12)

Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside of the dwelling unit shall be prohibited.

(13)

Home occupations may not create any smoke, odor, liquid, or solid waste other than that normally incidental to residential use of the structure.

(14)

There shall be no outdoor storage or display of materials or equipment maintained on the premises.

(15)

Required residential off-street parking shall be maintained.

(16)

There shall be no signs.

(17)

There shall be no more than one employee, who is not a resident of the site where the home occupation is established, working on the premises.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Purpose. The purpose of this Section is to establish landscaping regulations that are intended to:

(1)

Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening.

(2)

Increase compatibility between residential and abutting commercial and business park land uses.

(3)

Reduce the heat and glare generated by development.

(4)

Minimize impervious surfaces.

(5)

Meet Federal, State and local water quality regulations, such as the National Pollutant Discharge Elimination System (NPDES) requirements.

(6)

Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion and runoff, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.

(b)

Application.

(1)

A concept landscape/irrigation plan, which may be included on a detailed site plan, shall be submitted as part of any application for development.

(2)

The concept plan shall meet the intent of this Section by exhibiting a generalized design layout which accurately demonstrates the desired landscaping program and its compliance with this Chapter in terms of location, irrigation system, size/scale, function, theme and similar attributes. The concept plan shall provide the City with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscape/irrigation plan.

(c)

General requirements. A comprehensive landscape/irrigation plan shall be prepared after approval of the application for development. Submittal of the comprehensive plan shall be concurrent with the required grading plan(s) and other documents and reports.

This Section provides the regulations to be followed in the preparation of the comprehensive

landscape/irrigation plan. In addition to the following regulations, the Development Services Director and/or City Engineer may require further information to ensure effective implementation of a comprehensive landscape/irrigation plan.

(1)

Landscaping plans shall be prepared by a landscape architect registered to practice in the State.

(2)

Where available, landscape designs shall follow local and regional guidance for approved plant lists, such as those provided by the local water district or property owner association to meet the needs of local conditions. For plants and planting materials addressing water retention areas, recommended resources include the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition, State of California Model Water Efficient Landscape Ordinance (MWELO) and Section 9.05.120 (Landscape Water Efficiency) of this Title.

(3)

Landscape design and construction shall emphasize drought-tolerant landscaping whenever/wherever possible.

(4)

A fully dimensioned comprehensive landscape/irrigation plan shall include, but not be limited to, the following:

a.

List of plants (common and Latin);

b.

Size;

c.

Location;

d.

Irrigation plan;

e.

Hardscape;

f.

Water elements;

g.

All information required pursuant to Section 9.05.120 (Landscape Water Efficiency); and

h.

Any other information deemed necessary by the Development Services Director.

(5)

The planting of trees, shrubs and ground cover shall comply with the following installation requirements:

a.

A minimum of 15 percent of the net site area shall be landscaped.

b.

Landscape areas shall have plant material selected and plant methods used which are suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall conform to the following minimum mix:

1.

Trees.

Twenty percent, 24-inch box;

Fifty percent, 15-gallon; and

Thirty percent, five-gallon.

2.

Shrubs.

Sixty percent, five-gallon; and

Forty percent, one-gallon.

3.

Ground cover. Shall cover 100 percent, within one year.

In addition, mature specimen trees in 36-inch and 48-inch boxes shall be provided in groupings of at least three to provide variety and emphasis of focal areas in the landscaping plan.

c.

Trees shall be long-lived (minimum life expectancy of 60 years), clean, require little maintenance, be structurally strong, insect and disease resistant, and require little pruning.

d.

Trees, shrubs and ground cover shall be planted so that at maturity they do not interfere with utility service lines, traffic safety sight areas, and basic property rights of adjacent property owners.

e.

All plant materials (except trees) shall be sized to reach maturity within five years.

f.

Trees planted near public curbs and within public and private parking lots shall have a limited root structure and shall be installed so as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. A deep root system shall be used.

g.

Where trees are planted in paved areas, they shall have a protected tree grate. Tree grates shall be cast iron with a natural finish.

h.

Concrete mow strips shall be required to separate all turf areas from other landscaped areas.

i.

Buffer planting at an average depth of 15 feet and a minimum depth of five feet shall occur along all freeways (toll roads) and major arterials in order to visually screen uses and provide noise reduction. This landscaping shall be in addition to the screening requirements outlined below.

j.

Shrubbery and creeping vines at an average depth of ten feet and a minimum depth of five feet, shall be provided along all walls and fences adjoining all public rights-of-way other than freeways (toll roads) and major arterials.

k.

When inorganic ground cover is used, it shall be in combination with live plants and shall be limited to an accent feature of no more than ten percent of the total groundcover.

l.

All landscaped areas shall have an approved automatic irrigation system(s).

m.

Prior to the issuance of a certificate of use and occupancy, all residential developments shall be provided with trees, shrubs, ground cover, and automatic irrigation systems in the front yard and that portion of the side yards visible from the public rights-of-way and shall be permanently maintained.

(6)

All automatic irrigation systems shall be required to use irrigation controllers that meet the Irrigation Association's protocol for smart controllers.

(7)

Whenever landscaping is removed from an existing site, it shall be replaced with landscaping of the same or better size, quality and quantity. Minor deviations from this standard (e.g., removal of small amounts of grass, flowers or shrubs) may be approved by the Development Services Director. Major deviations from this standard shall require the approval of an alternative development standard.

(d)

Parking lot landscaping requirements.

(1)

Landscaping is required:

a.

At interior areas not used for parking or for access/circulation within the parking lot; and

b.

In all non-hardscaped areas.

(2)

The following minimum landscape area requirements apply to parking lots:

a.

Parking lots with 21 spaces or less:

Landscape five percent of interior parking area; and

2.

Minimum one 24-inch box tree for every four parking spaces.

b.

Parking lots with more than 21 spaces:

1.

Landscape ten percent of interior parking area;

2.

Minimum one 24-inch box tree for every four parking spaces.

3.

Canopy trees of mixed species that will provide 40 percent shading of the lot within 15 years; and

4.

Islands at the ends of all parking aisles with an average width of five feet, with six-inch curbs, and automatic irrigation.

(e)

Screening requirements.

(1)

Each development shall be provided with sufficient screening so that neighboring properties are effectively shielded from any potential adverse impacts of that development or so that the new development shields itself from existing potential impacts from uses already in operation and shall also adhere to the requirements in Section 9.04.070.

The following screening standards apply:

a.

A screen referred to in Subsections b., c., or d. below shall consist of one or any combination of the following:

1.

Walls including retaining walls. A wall shall consist of concrete, stone, brick, tile or other similar type of solid masonry material a minimum of six inches thick.

2.

Berms. A berm shall be constructed of earthen materials and it shall be landscaped.

3.

Fences, solid. A solid fence shall be constructed of wood, or vinyl a minimum thickness of two inches, and it shall form an opaque screen.

4.

Landscaping. Vegetation consisting of evergreen or deciduous trees or shrubs spaced, planted and maintained so as to provide an opaque screen.

b.

Abutting residential areas. An opaque screen shall be installed along all building site boundaries where the premises abut areas zoned for residential. Except as otherwise provided below, the screening shall have a total height of not less than six feet and not more than seven feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the point of highest elevation.

c.

Parking areas abutting freeways (toll roads) and major arterials. An opaque screen shall be installed along all parking areas abutting freeways (toll roads) and major arterials. Except as otherwise provided below, the screening shall have a total height of not less than 36 inches and not more than 78 inches. See also Section 9.06.100.

d.

Notwithstanding the requirements listed above, where the finished elevation of the property at the boundary line, or within five feet inside the boundary line is lower than an abutting property elevation, such change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the screening requirements of this Section.

(f)

Setback and parkway treatment standards. Landscape plans for setback and parkway areas shall include, but not be limited to, the following:

(1)

Setback and parkway areas shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree plantings with complementary landscape materials.

(2)

Provide a design which ensures established setback and parkway areas are landscaped and maintained, and provide a transition between landscape areas, streetscapes, and buildings.

(3)

Incorporate mounding within the overall design, with landscaped slopes not exceeding a three-to-one ratio, or three feet in height. A minimum depth of six feet of landscaping shall be placed on the exterior side of all perimeter walls and fences.

(4)

Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall transition to the interior landscaping of the adjacent development.

(g)

Corner treatment standards. Landscape plans for any development involving corner parcels shall include additional design requirements, including, but not limited to, the following:

(1)

A minimum landscape area of 500 square feet for each corner area adjacent to a "major/primary arterial" street as described in the General Plan, and 300 square feet for each corner area adjacent to other public rights-of-way.

(2)

Incorporate significant landscape and water features, including specimen trees, coordination with wall breaks or openings, and special "city entry" image treatment at project entries.

(3)

Trees shall be a minimum of 24-inch box size with at least 25 percent of the trees 36-inch box size or greater.

(4)

Ensure that any corner landscape plan within a "traffic safety sight area" shall be designed to protect public safety.

(h)

Installation of landscaping. All required landscaping shall be properly installed, irrigated, inspected and maintained prior to the issuance of a certificate of use and occupancy.

(i)

Maintenance of landscaping.

(1)

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and timely replacement of dead plants, and the repair and timely

replacement of irrigation systems and integrated architectural features.

(2)

Prior to the issuance of a certificate of use and occupancy, the landowner shall file, with the Development Services Department, a maintenance agreement and easement subject to the approval of the City Engineer and City Attorney. The agreement and easement shall ensure that if the landowner or subsequent owner(s) fails to maintain the required/installed site improvements, the City may file an appropriate lien(s) against the property in order to accomplish the required maintenance.

(3)

Whenever landscaping is removed from an existing site, it shall be replaced with landscaping of the same or better size, quality and quantity. Minor deviations (e.g., removal of small amounts of grass, flowers or shrubs) from this standard may be approved by the Development Services Director. Major deviations from this standard shall require the approval of an alternative development standard as provided in Section 9.08.050.

(j)

Right-of-way clearance. Any landscaping that overhangs into the public right-of-way shall be kept trimmed to a minimum vertical clearance of 14 feet over streets and roadways and eight feet over sidewalks and walkways. No landscaping may encroach into the public right-of-way so as to interfere with the intended purpose of the right-of-way.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007; Ord. No. 24-07, § 20, 9-112024)

Sec. 9.05.080. - Lighting.

(a)

Lighting standards.

(1)

Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel.

(2)

All exterior lighting shall be directed downward and away from adjoining properties and public rights-ofway.

(3)

No lighting shall blink, flash, or be overly illuminated. Over-illumination occurs when the light intensity is higher than needed for a specific activity.

(4)

All lighting fixtures shall utilize the same architectural style as the building and shall be designed to avoid direct impacts to adjacent properties.

(5)

Security lighting shall be provided throughout the site and at all entrances/exits.

(6)

Parking lot lighting shall be at least one foot-candle at all points but shall not exceed an average of three foot-candles over the entire parking lot.

(7)

Lights used in parking lots shall require a conditional use permit when they are more than 22 feet above finished grade.

(b)

Lighting plan. The Development Services Director may require a lighting plan for common open space and recreation areas in residential districts, multi-family and mixed-use development projects, commercial centers and business park developments. The lighting plan may also be required to include a photometric study demonstrating compliance with the lighting standards.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 24-07, § 21, 9-11-2024)

Editor's note— Ord. No. 13-02, § 5, adopted August 14, 2013, repealed the former Section 9.05.090 in its entirety, which pertained to noise standards, and derived from Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, and Ord. No. 07-07, § 2, adopted November 14, 2007.

Sec. 9.05.100. - Property maintenance.

Property maintenance standards. All properties, buildings, paving, fences, walls, landscaping, and any other structures within the City shall be kept and maintained in a clean, neat, orderly, operable, and usable condition according to the following requirements:

(1)

Premises. Yards and shrubs must be properly cut. This includes front, side, and rear yards and porches visible from the public right-of-way. All of the premises must be kept clean and free of litter, debris, stored vehicles, garbage and animal waste.

(2)

Trash. All trash (such as glass, paper, dust, leaves, yard clippings, straw, wood, and metal) should be put into a garbage container for pickup by the appropriate waste hauler. Fallen trees or tree limbs are not allowed anywhere on public or private property.

(3)

Grass and weeds. Shrubbery and other vegetation should be kept neatly trimmed.

(4)

Storage buildings. These are not allowed in the front yard. Dilapidated storage buildings are not allowed anywhere.

(5)

Recreational vehicles, boats, trailers. These objects must not be placed on the front yard or the driveway. These objects may be parked in a side yard, but shall be completely screened from view from the public right-of-way.

A derelict or abandoned vehicle left on public or private property will be removed in accordance with the State Vehicle Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.05.110. - Special events.

(a)

Purpose. This Section provides regulations for special events, including temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large (i.e., 150 or more people) neighborhood block parties. This Section is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this Title.

(b)

Special center-wide events. Special center-wide events include the temporary outdoor display and sale of merchandise, arts and crafts shows, fairs, entertainment, or similar events within a commercial center. Commercial centers may conduct such events subject to the following requirements:

(1)

Special center-wide events may be held up to three times a year over a maximum of three consecutive days per event. Centers may apply for approval for each event on an individual basis, approval of more than one event on a single application, or approval of an ongoing "special events program" specifying the dates, activities and signage for each event throughout the year. In no case shall the combined total of center-wide events plus individual sales for any business exceed six events during any calendar year.

(2)

Events shall be subject to approval of a special event permit. Applications shall be submitted to the Development Services Director by the commercial center owner or manager.

(3)

The application shall include provision for removal of temporary facilities and cleanup and restoration of the activity site within 24 hours of the conclusion of the event, unless another time limit is specified in the special event permit. The City may require a cash bond or other guarantee to be posted to ensure cleanup within the specified time limit.

(4)

The application shall be reviewed by the Orange County Fire Authority and Police Services, and the event shall comply with fire prevention standards and emergency access requirements as specified by the Battalion Chief and Chief of Police. The Development Services Director may also submit the application to other agencies for review and approval of an event.

(c)

Outdoor sales by individual businesses.

(1)

Sidewalk or parking lot sales include the temporary outdoor display and sale, by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale.

(2)

In addition to the center-wide events provided for in this Section, individual businesses may conduct individual sidewalk or parking lot sales. Subject to prior written consent of the center management (if applicable) and approval of a special event permit, such sales may be conducted up to three times a year over a maximum of three consecutive days per sale. In no case shall the combined total of center-wide events plus individual sales for any business exceed six events during any calendar year. Businesses may apply for approval of more than one event on a single application or for each event on an individual basis.

(d)

Car dealership special events. Car dealers desiring to hold special events to promote sales require a special event permit and are subject to the following time limits:

(1)

A maximum period of up to 24 days per event may be approved under a special event permit application issued by the Development Services Director. No more than 18 separate events totaling no more than 60 days are allowed per dealership.

(2)

No sales tents or other similar advertising structures are allowed to be used for car dealership special events.

(3)

All signage must be in compliance with the provision of Chapter 9.07.

(e)

Christmas tree and pumpkin sales facilities. The following regulations apply to temporary Christmas tree and pumpkin sales facilities:

(1)

Date of opening. Christmas tree and pumpkin sales shall adhere to the following opening dates:

a.

Christmas tree sales facilities shall not open for business prior to the day after Thanksgiving.

b.

Pumpkin sales facilities shall not open for business prior to October 1.

(2)

Merchandise to be sold. Christmas tree and pumpkin sales are limited to the following:

a.

A Christmas tree sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.

b.

A pumpkin sales facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations.

(3)

Removal of facility. Christmas tree and pumpkin sale facilities must meet the following removal regulations:

a.

Christmas tree sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within seven days after Christmas.

b.

Pumpkin sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within seven days after Halloween.

(f)

Farmer's markets. Farmer's markets may be held in commercial or business park centers up to once a week for a maximum of 12 hours per event subject to an approved special event permit and the requirements of Subsection (b)(4).

(g)

Off-site agricultural sales. A temporary stand for the sale of a single, seasonal agricultural product not grown on site may be permitted subject to the following requirements:

(1)

A special event permit shall be obtained. Said special event permit may be good for a period of time not to exceed 120 days.

(2)

The stand shall be limited to the sale of a single agricultural product at any one time.

(3)

The applicant shall secure an electrical permit from the Building Department if the facility is to be powered.

(4)

The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within seven days of the expiration of the permit.

(5)

The facility shall comply with the fire prevention standards as approved and enforced by the Orange County Fire Authority.

(6)

In addition to the above requirements, an approved site development permit shall be required when the sales facility is located in a residential zoning district.

(h)

Special outdoor events—Non-residential zone districts.

(1)

Special outdoor events are events of a predominantly noncommercial nature including, but not limited to, pageants, fairs, carnivals, religious or entertainment events, and large community gatherings in outdoor facilities.

(2)

Special outdoor events are permitted in all nonresidential zoning districts provided the following requirements are met:

a.

Activities conducted on property owned by or leased to the City and on public road rights-of-way shall require an encroachment permit issued by the City Engineer.

b.

Events shall not exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for a special event permit.

c.

A special event permit shall be required for special outdoor events of 150 people or more, including spectators and participants.

(3)

Applications for special event permits shall be referred by the Development Services Department to other affected City departments or other public agencies as may be appropriate for review and comment. Issues including, but not limited to, security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Development Services Director or other City departments in their

administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health and tent permits from other outside agencies. Required permits by outside agencies are the sole responsibility of the applicant.

(4)

A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required as a condition of the special event permit.

(5)

The applicant must provide proof to the City of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the special event.

(6)

The Development Services Director may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the Development Services Director.

(i)

Special outdoor events—Residential zone districts or land uses.

(1)

Within residential districts, special outdoor events may include, but are not limited to, pageants, fairs, carnivals, religious or entertainment events and neighborhood or community gatherings in outdoor facilities where vehicular traffic on any public right-of-way would be impeded by the event.

(2)

Special outdoor events are permitted in all residential zoning districts subject to the following requirements:

a.

Activities conducted on property owned by or leased to the City or on public rights-of-way shall require an encroachment permit issued by the City Engineer.

b.

Events shall not exceed three consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for a special event permit.

c.

A cash bond or other guarantee shall be posted with the City for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event.

(3)

Applications for permits or certificates required by this Section shall be referred by the Development Services Department to other affected City departments or public agencies as may be appropriate for review and comment.

Issues, including but not limited to police and security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Development Services Director or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, tent, encroachment, and other permits. Required permits by outside agencies are the sole responsibility of the applicant.

(4)

The applicant must provide to the City proof of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the event.

(5)

The Development Services Director may also require the applicant to provide notification to affected residents. Reasonable notification requirements shall be determined by the Development Services Director.

(j)

Garage/yard/moving sales.

(1)

Garage sales include the display of household goods for sale in the garage, driveway, and/or front yard of a single dwelling unit. Neighborhood or community garage sales with more than five residences participating

shall be subject to the additional provisions applicable to a "special outdoor events—residential zone districts or uses" identified above.

(2)

Garage sales shall be permitted as temporary accessory uses in residential zoning districts subject to the following regulations:

a.

Garage sales may be conducted a maximum of six days per calendar year per residence, and may not be conducted on more than two consecutive days.

b.

The hours of the sale shall be no earlier than 7:00 a.m. to no later than 8:00 p.m.

c.

No item for sale shall obstruct the public right-of-way.

d.

It is unlawful for any person to exchange, barter, trade or sell any of the following at a garage sale: firearms, ammunition, explosives, un-domesticated animals and livestock, any item of personal property from which the serial number has been removed, or any other item prohibited by City, County, State, or Federal law.

(k)

Estate sales.

(1)

Estate sales include sale of household goods inside the dwelling unit.

(2)

Estate sales shall be permitted as temporary accessory uses in residential zoning districts subject to the following regulations:

a.

Estate sales may be conducted a maximum of ten days per calendar year per residence, and may not be conducted on more than two consecutive weekends.

b.

The hours of the sale shall be no earlier than 7:00 a.m. to no later than 8:00 p.m.

c.

No item for sale shall obstruct the public right-of-way and shall not be located on the driveway or within the front yard.

d.

It is unlawful for any person to exchange, barter, trade or sell any of the following at an estate sale: firearms, ammunition, explosives, un-domesticated animals and livestock, any item of personal property from which the serial number has been removed, or any other item prohibited by City, County, State, or Federal law.

e.

The estate sale shall not create any significant increase in parking, traffic or circulation.

(l)

General requirements for special event permits. The following general operational conditions shall apply to all special events for which a special event permit is required:

(1)

Activities shall be restricted to that portion so designated on the site plan.

(2)

The applicant shall provide documentation to the Development Services Department of an approved site plan by the Orange County Fire Authority and Police Services for meeting public safety requirements when applicable.

(3)

The City Engineer shall review and approve the site plan regarding adequate parking and traffic circulation for both vehicular and pedestrian, including provisions for emergency ingress/egress.

(4)

Adequate space shall be provided on walkways for the passage of pedestrian traffic (minimum five feet).

(5)

The site plan and all signs shall comply with this Title and the specific design standards set forth in this Section.

(6)

Any sales activities shall be confined to the sale of the goods specified in the special event permit only.

(7)

The special event permit shall specify the event's expiration date and the removal date of all associated materials.

(8)

All signs and other display materials placed in outdoor areas shall be removed within 24 hours after the close of business on the last day of the event, unless otherwise specified by the Development Services Director in the special event permit.

(9)

Flood, laser, or search lights are not permitted unless the event involves over 500 people and is approved as part of the special event permit.

(10)

Sound systems are not permitted unless approved as part of the special event permit.

(11)

Additional conditions may be applied as determined by the Development Services Director as necessary to protect the public's health, safety, and welfare.

(12)

A special event permit does not relieve an applicant from obtaining other permits or permissions as may be required by other county, state or other agencies.

(m)

Review process.

(1)

The Development Services Director has the authority to issue special event permits pursuant to Sections 9.08.040 and 9.08.180, provided the following criteria are met and the application is consistent with any other applicable regulations in this Title:

a.

The special event shall not exceed 30 days during any 12-month period, unless otherwise permitted in this Section.

b.

The property owner has authorized the special event in writing; and

c.

The application is submitted at least 30 days prior to the scheduled activity.

(2)

If an event is of a scale (e.g., large in area or number of persons) or use that may result in extensive potential, even temporary, impacts to the community, the Development Services Director may use his/her discretion and forward the special event permit application to the Planning Commission for their decision.

(3)

Events involving over 500 people shall also require a site development permit pursuant to the provisions of Section 9.08.170.

(4)

Events which do not comply with the regulations contained within this Section shall also require a site development permit pursuant to the provisions of Section 9.08.170.

(n)

Application information. The Development Services Director shall prescribe the type and form of information required to process the special event permit.

(o)

Signs. Temporary signs associated with special events are permitted as provided in Chapter 9.07 and Tables 9.07.1 and 9.07.3.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

Sec. 9.05.120. - Landscape water efficiency.

(a)

Purpose.

(1)

The State Legislature has found that:

a.

The waters of the State are of limited supply and are subject to ever increasing demands;

b.

The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;

c.

It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

d.

Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

e.

Landscape design, installation, maintenance, and management can and should be water efficient; and

f.

Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water.

(b)

Applicability.

(1)

Beginning February 1, 2016, and consistent with Executive Order No. B-29-15, this Section shall apply to the following landscape projects:

a.

New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review;

b.

Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review;

c.

New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this Section or conform to the prescriptive measures contained in Appendix A of the Guidelines;

d.

New or rehabilitated project using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix A of the Guidelines.

(2)

Subsection (d)(2) of the Landscape Water Use Standards of this Section shall apply to:

a.

All landscaped areas, whether installed prior to or after January 1, 2010; and

b.

All landscaped areas installed after February 1, 2016, to which Subsection (b)(1) is applicable.

(3)

This Section does not apply to:

a.

Registered local, State, or Federal historical sites;

b.

Ecological restoration projects that do not require a permanent irrigation system;

c.

Mined-land reclamation projects that do not require a permanent irrigation system; or

d.

Plant collections, as part of botanical gardens and arboretums open to the public.

(c)

Implementation procedures.

(1)

Prior to installation, a landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Section. Any landscape documentation package submitted to the City shall comply with the provisions of the Guidelines.

(2)

The landscape documentation package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Section and the Guidelines.

a.

Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations.

b.

Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor under procedures determined by the City.

c.

Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion in conjunction with a certificate of use and occupancy or permit final process, as provided in the Guidelines.

(d)

Landscape water use standards.

(1)

For applicable landscape installation or rehabilitation projects subject to Subsection (b)(1), the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.

(2)

Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by the local water purveyor and the City.

(e)

Delegation. The City may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of this Section on behalf of the City.

(f)

Definitions. The following definitions are applicable to this Section:

Applied water means the portion of water supplied by the irrigation system to the landscape.

Budget-based tiered-rate structure means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Estimated applied water use means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.

ET adjustment factor or ETAF is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.

A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this Section and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

Guidelines refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City Council, and as subsequently amended by resolution of the City Council, which describes procedures, calculations, and requirements for landscape projects subject to this Section.

Hardscapes means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Section.

Irrigation efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Section are 0.75 for overhead spray devices and 0.81 for drip systems.

Landscaped area means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

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

Landscape documentation package means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines.

Landscape project means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Subsection (b).

Local agency means a local water purveyor or city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of this Section. The local agency may be responsible for the enforcement or delegation of enforcement of this Section, including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.

Local water purveyor means any entity, including a public agency, city, county, or private water company that provides retail water service.

Maximum applied water allowance or MAWA means the upper limit of annual applied water for the established landscaped area as specified in the Guidelines. It is based upon the area's reference

evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo)(0.62)[(ETAF x LA) + ((1ETAF) x SLA)]

Mined-land reclamation projects means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

New construction means, for the purposes of this Section, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.

Non-pervious means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.

Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.

Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

Plant factor or plant water use factor is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Section, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0.1 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Section are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

Recycled water or reclaimed water means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

Reference evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in the Guidelines, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, coolseason grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.

Rehabilitated landscape means any re-landscaping project that meets the applicability criteria of Subsection (b)(1), where the modified landscape area is greater than 2,500 square feet.

Smart automatic irrigation controller means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data.

Special landscape area means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustinge grass, Zoysia grass, and Buffalo grass are warm-season grasses.

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

Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

(Ord. No. 09-06, § 1, 9-9-2009; Ord. No. 16-02, § 4, 2-10-2016)

Sec. 9.05.130. - Reasonable accommodations for persons with disabilities.

(a)

Purpose. The purpose of this Section is to establish the process for making and evaluating a request for reasonable accommodation. For purposes of this Section, the term "disabled" or "disability" shall have the same meaning as that term is defined by State law.

(b)

Application.

(1)

Any person who requests reasonable accommodation, because of a disability, in the application of a zoning or building law, policy or procedure, which may act as a barrier to fair housing opportunities, may do so by filing a completed application with the Development Services Director.

(2)

If the application for which the request is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

(c)

Required information. The applicant shall provide the following information:

(1)

Applicant's name, address, and telephone number;

(2)

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

(3)

The current actual use of the property;

(4)

A description of the accommodation requested including reference to the Zoning Code provision, policy or procedure from which modification is being requested;

(5)

The basis for the claim that the applicant is considered disabled; and

(6)

A detailed explanation of why the accommodation is reasonable and why the accommodation is necessary to afford the applicant an equal opportunity to use and enjoy a specific dwelling in the City.

(d)

Procedure. The Development Services Director shall review each application for reasonable accommodation according to the procedures established in Section 9.8.040 Administrative Approvals.

Written notice of a request for reasonable accommodation shall be given as follows:

(1)

In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.

(2)

In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.

(e)

Findings.

(1)

The written decision to grant or deny a request for reasonable accommodation shall be based on consideration of the following factors:

a.

Whether the housing, which is the subject of the request, will be used by an individual with a disability.

b.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability.

c.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.

d.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use or zoning.

e.

Whether the requested reasonable accommodation will have potentially adverse impact on surrounding uses.

f.

Whether the physical attributes of the property and structures justify the requested reasonable accommodation.

g.

Whether the requested reasonable accommodation will provide an equivalent level of benefit as the neighbors.

(2)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required above.

(Ord. No. 11-02, § 11, 4-27-2011)

Editor's note— Ord. No. 11-02, § 11, adopted April 27, 2011, enacted provisions intended for use as Section 9.05.120. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as Section 9.05.130.

Sec. 9.05.140. - Marijuana-related businesses.

(a)

Purpose. In order to protect the public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this Chapter is to prohibit marijuana-related businesses and/or activities as stated in this Chapter.

(b)

Definitions. In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail.

(1)

Identification card. A document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.

(2)

Marijuana. For purposes of this Chapter, "marijuana" shall have the same meaning as is defined by Health and Safety Code § 11018 and the term "cannabis" as that term is defined by California Business and Professions Code § 19300.5(f). If the definition under State law is amended, the City's definition shall be as amended. "Marijuana" shall also mean any "cannabinoid" as defined by Business and Professions Code § 19300.5(e), "cannabis concentrate" as defined by Business and Professions Code § 19300.5(g), "edible cannabis product" as defined by Business and Professions Code § 19300.5(s), "manufactured cannabis" as defined by Business and Professions Code § 19300.5(ac), "medical cannabis" as defined by Business and Professions Code § 19300.5(af), and "topical cannabis" as defined by Business and Professions Code § 19300.5(al), as those Sections exist as of January 1, 2016 or as amended thereafter.

(3)

Marijuana business. Any activity, whether or not carried out for commercial gain, which involves cultivation, possession, manufacture, processing, storage, laboratory testing, labeling, transportation, distribution, or sale of marijuana or any marijuana-infused products. This definition shall include any of the foregoing activities conducted by or on behalf of a qualified patient or the primary caregiver of a qualified patient. All references in this chapter to "marijuana business," shall be synonymous with "marijuana dispensary," "mobile marijuana dispensary," and "marijuana cultivation site," which are defined in this Section. The term "marijuana business" shall not include "personal cultivation of marijuana," as defined in this Section.

(4)

Marijuana cultivation site. Any location, whether indoor or outdoor, where marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or upon which all or any combination of those activities occurs. The term "marijuana cultivation site" shall not include "personal cultivation of marijuana," as defined in this Section.

(5)

Marijuana dispensary. Any dispensary, facility, cooperative, club, individual, business, group, collective, establishment or other association with a storefront or mobile retail outlet where marijuana, in any form, whether for medical, recreational, or any other purpose, is transferred to any person, firm, corporation, association, club, society, or other organization, regardless of whether that activity is undertaken on a forprofit or non-profit basis, or any combination thereof, and regardless of whether the activity is for compensation or is gratuitous.

(6)

Mobile marijuana dispensary. Any marijuana dispensary, facility, cooperative, club, individual, business, group, collective, establishment or other association with or without a storefront or mobile retail outlet, which engages in the transportation or delivery of marijuana or any marijuana-infused products. For purposes of this Chapter, "delivery" shall mean the transfer of marijuana or other marijuana-infused products from a marijuana dispensary or a marijuana testing laboratory to any person, firm, corporation, association, club, society, or other organization, including, but not limited to, any owner, manager, proprietor, employee, volunteer, or salesperson, and shall also include the use by a marijuana dispensary of any technology platform owned and controlled by the dispensary that enables any person or entity to arrange for, or facilitate the transfer of marijuana or any marijuana-infused products.

(7)

Personal cultivation of marijuana. The possession, planting, cultivation, harvesting, drying, or processing of not more than six living marijuana plants and possession of the marijuana produced by the plants by persons 21 years of age or older inside a person's private residence or inside an accessory structure to a person's private residence located upon the grounds of a person's private residence that is fully enclosed and secure as authorized by Health and Safety Code Sections 11362.1 and 11362.2, as may be amended, and subject to the following limitations: (a) not more than six living plants may be planted, cultivated, harvested, dried, or processed within a person's single private residence or inside an accessory structure to a person's private residence that is fully enclosed and secure, at one time; and (b) the living plants and any marijuana produced by the plants in excess of 28.5 grams shall be kept in a locked space, and shall not be visible by normal unaided vision from a public place. The term "personal cultivation of marijuana" shall not include the planting, cultivation, harvesting, drying, or processing of marijuana plants outdoors upon the grounds of a person's private residence.

(8)

Physician. An individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.

(9)

Primary caregiver. The individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

(10)

Private residence. For purposes of this Chapter, "private residence" shall have the same meaning as is defined by Health and Safety Code section 11362.2(b)(5) (i.e., a house, an apartment unit, a mobile home, or similar dwelling), as may be amended.

(11)

Qualified patient. A person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Health Services.

(c)

Marijuana businesses prohibited.

(1)

It is unlawful for any person or entity to own, manage, conduct or operate any marijuana business, or to participate as an employee, contractor, agent, volunteer, or in any other capacity, in any marijuana business in the City of Rancho Santa Margarita. Further, it is unlawful for the owner of any property located within the City to in any way authorize or permit use of their property for purposes of operation of any marijuana business.

(2)

Marijuana dispensaries and marijuana businesses are prohibited land uses in every zoning district within the City.

(3)

Mobile marijuana dispensaries are prohibited from delivering and/or transporting marijuana to any location in every zoning district in the City, regardless of the location of the primary place of business of the mobile marijuana dispensary or of the location where delivery of marijuana originated.

(4)

Marijuana cultivation sites are prohibited from operating in every zoning district in the City. It is unlawful for any person or entity to own, manage, conduct or operate any marijuana cultivation site, or to participate as an employee, contractor, agent, volunteer, or in any other capacity, in any marijuana cultivation site in the City.

(5)

No certificate of use and occupancy, zoning clearance, or other permit or entitlement for use shall be legally valid if issued to any marijuana business proposed to operate or to be established in the City.

(6)

The planting, cultivation, harvesting, drying, or processing of marijuana plants outdoors upon the grounds of a person's private residence is prohibited in every zoning district in the City.

(d)

Public nuisance declared. Operation of any marijuana business within the City in violation of the provisions of this Chapter is hereby declared a public nuisance and may be abated by all available means.

(e)

Use or activity prohibited by State or Federal law. Nothing contained in this Chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any State or Federal law.

(f)

Violations. Any owner, operator, manager, employee, independent contractor, associate, or volunteer of a marijuana business who violates, or any such person or entity that permits, or aids in the violation of, any of these provisions regulating marijuana businesses, which shall include, but not be limited to, property owners and/or property managers of the real property where such marijuana business is conducted, shall be subject to all remedies available under Chapter 1.03 of this Code, as well as be subject to any and all available civil or administrative remedies as may be available under local, State, or Federal law. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

(g)

Regulations non-exclusive. The provisions of this Chapter regulating marijuana businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Rancho Santa Margarita.

(Ord. No. 16-05, § 3, 10-12-2016; Ord. No. 17-02, §§ 3, 4, 5-24-2017)

Chapter 9.06 - Parking

Sec. 9.06.010. - Purpose.

These regulations are established to provide for off-street parking of motor vehicles related to the various land uses in the City. The purpose of these regulations is to ensure properly designed parking areas with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.06.020. - General standards applying to all uses and zoning districts.

(a)

Modifications to parking facilities. No existing parking facility shall be restriped or modified with respect to layout, aisle width, numbers or sizes of spaces, street access, or any other physical characteristic without prior review and approval by the Development Services Director and the City Engineer.

(b)

Location of off-street parking.

(1)

Required parking facilities shall be located on the same building site and conveniently proximate to the uses they serve except as otherwise provided in Sections 9.06.040 and 9.06.090.

(2)

Property within the ultimate right-of-way of a street, either public or private, shall not be included in provision of the minimum parking requirements.

(c)

Accessibility. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times.

(d)

Usability.

(1)

The required off-street parking facilities shall not be used for any purpose which would at any time preclude the use of the area for the parking of motor vehicles unless allowed by a special event permit or temporary use permit.

(2)

Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any off-street parking spaces required by this Section.

(e)

Access to arterial highways.

(1)

Wherever access from a parking area is to an arterial highway as designated in the General Plan circulation element, parking spaces, driveways and maneuvering areas shall be designed so that motor vehicles must enter the arterial highway while traveling in a forward direction.

(2)

Vehicular access location, design of the parking lot interface and sight distance parameters at any access to an arterial highway shall require the approval of the City Engineer.

(f)

Maximum grade.

(1)

Whenever access is taken from a street, alley or driveway to an off-street parking area serving industrial, commercial or professional uses, public or community facilities, or dwelling units, the driveway or other

vehicular accessway shall have a maximum grade of plus six percent (+6%) or minus two percent (-2%), measured from the street, alley or driveway grade along the driveway centerline.

(2)

The maximum grade in Subsection (f)(1) will generally provide adequate sight distance at street level and prevent vehicles from dragging on extreme grade breaks. Exceptions may be approved by the City Engineer, where physical design prevents such extreme grade breaks and provides safe distance.

(3)

Off-street parking spaces and all abutting parking aisles shall have a maximum grade of plus or minus two percent ( 2%). Said grade shall be measured across the parking space and the abutting parking aisle in any direction.

(4)

Exceptions to maximum grades established in this Section may be permitted, on a case-by-case basis, subject to the review and approval of the City Engineer.

(g)

Parking area notices and directional instructions.

(1)

Parking area notices and directional instructions lettered on the paved surface of driveways and parking areas are permitted for parking facilities serving business park, commercial and professional uses, community facilities, and multiple family dwelling units.

(2)

Each parking notice shall not exceed four square feet in area.

(3)

Such parking notices may contain the name of the owner or occupant of the property and only such words and symbols that are directly related or essential to parking, enforcement or the direction of vehicular traffic within the parking area.

(h)

Markings.

(1)

In all parking facilities, individual stalls shall be marked with hairpin lines four inches to six inches wide forming an elongated "U" between 12 inches and 24 inches wide around the centerline of each stall, except that parking facilities serving not more than two dwelling units on a single lot need not be marked. The

space widths set forth in this Subsection shall be the overall width of the stall, including the areas required for marking.

(2)

In all parking facilities the aisles, approach lanes, and maneuvering areas shall be clearly marked to expedite traffic movement. Once a parking facility has been marked in accordance with the approved site plan, the markings shall be permanently maintained.

(3)

Changes. If any changes to existing markings are approved by the City Engineer through any discretionary process, existing markings shall first be ground out or sand blasted prior to re-marking the parking area. Painting over existing markings without first grinding out or sand blasting such that the previous markings are not visible is not permitted. Re-marking of the parking area according to the approved, revised site plan shall be done in accordance with this Section.

(4)

Paving. All permanent parking spaces, driveways and maneuvering areas shall be paved and permanently maintained with asphalt concrete, cement concrete or other all-weather, non-erodible hard surfacing. Temporary parking spaces, driveways and maneuvering areas may use decomposed granite or other stable, all-weather surfacing, with prior City approval.

(i)

Lighting. All parking area lighting shall be designed to minimize lighting spillover onto adjacent properties. A lighting plan denoting foot candle distribution may be required for any development proposal.

(j)

Change or increase in use of property. Whenever the occupancy or use of any property is changed to a different use, or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this Section shall be provided for the new use or occupancy.

(k)

Fractional parking spaces. Whenever the computation of the number of off-street parking spaces required by this Section results in a fractional parking space, the parking computation shall be rounded up to the nearest whole number.

(l)

Reciprocal access. When required by the City Engineer, a parking area shall be designed to allow reciprocal access with an adjoining property.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.06.030. - Accessible parking facilities.

Public accommodations or facilities, including commercial, professional, business park, public/quasi-public facilities and multifamily dwellings of five or more units, shall provide parking spaces for the physically handicapped in compliance with the Americans with Disabilities Act (ADA) Design Guidelines outlined in the following provisions:

(1)

Handicap spaces required. Table 9.06.1 establishes the number of handicap parking spaces required:

Table 9.06.1

Accessible Parking Space Requirements

(2)

Accessible parking space size and location.

a.

Parking spaces for the physically handicapped shall be located as near as practical to a primary entrance.

b.

The minimum length of each parking space shall be 18 feet.

c.

If only one space is provided, it shall be 17 feet wide and marked to provide a nine-foot parking area and an eight-foot loading and unloading area.

d.

When more than one space is provided, in lieu of providing a 17-foot wide space for each parking space, two spaces may be provided within a 26-foot wide area marked to provide a nine-foot parking area on each side of an eight-foot loading/unloading area in the center.

e.

One handicap van parking space shall be provided for every eight regular handicap spaces. Such van spaces shall be 26 feet in width.

f.

Arrangement of parking area. In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. Also, the space shall be so located that a handicapped person is not compelled to wheel or walk behind parked cars other than his/her own. Pedestrian ways which are accessible to the physically handicapped shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any parking space except where such encroachment into the length of any handicap space does not limit the handicapped person's capability to leave or enter the vehicle.

g.

Slope of parking space. Surface slopes of parking spaces for the physically handicapped shall be the minimum possible, and shall not exceed plus or minus two percent in any direction.

h.

Identification. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text, or equal, displaying the international symbol of accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered on the wall at the interior end of the parking space at a minimum height of 36 inches from the parking space finished grade, ground or sidewalk.

i.

Pursuant to Vehicle Code § 22511.8(d), a sign shall also be posted, in a conspicuous place, at each entrance to the off-street parking facility. Said sign shall be not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, which clearly and conspicuously states the following:

"Unauthorized vehicles not displaying the distinguishing placards or license plates issued for physically handicapped persons may be towed away at the owner's expense. Towed vehicles may be reclaimed at ________ or by telephoning ________."

The sign shall also reference Vehicle Code § 22511.8(d).

j.

The surface of each parking space shall have a surface identification duplicating the symbol of accessibility in blue paint, at least three square feet in area.

k.

Vertical clearance. Entrances to and vertical clearances within parking structures shall have a minimum vertical clearance of eight feet two inches where required for accessibility to handicap parking spaces.

l.

Additional requirements. For additional handicap site development requirements, including curbs, ramps and landing requirements, refer to the State regulations for the accommodation of the disabled.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections A. and B. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (1) and (2).

Sec. 9.06.040. - Alternative parking regulations.

(a)

Deviations in requirements set forth in this Chapter may be permitted subject to the alternative development standards process described in Section 9.08.050. No such application shall be approved unless the Planning Commission makes the following findings in addition to the standard findings for approval of a site development permit:

(1)

Applicable off-street parking requirements are excessive or inappropriate due to the nature of the specific land use involved or because of special circumstances applicable to the property; and

(2)

The proposed off-street parking facilities substantially comply with the intent of these regulations.

(b)

All applications for an alternative development standard shall apply to the total site requirement and not a specific building within the site regardless of ownership.

(c)

Deviations shall be for specific land uses. Termination of use may result in revocation of an alternative parking requirement.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections (1)—(3). To preserve the style of this Code, and at the discretion of the editor, said

provisions have been redesignated as Subsections (a)—(c).

Sec. 9.06.050. - Residential parking requirements.

(a)

Off-street parking facilities shall be provided for all residential uses in compliance with this Subsection, as well as Subsection 9.06.020 General Standards Applying to All Uses and Zoning Districts.

(b)

The minimum number of off-street parking spaces required for each category of residential use shall be as identified in Table 9.06.2.

(c)

The parking requirements for residential uses shall be in addition to the spaces required for any recreation or community center provided within a residential development. The space requirements for recreation and community centers shall be determined pursuant to [Table] 9.06.3. Through the Alternative Development Standard process described in Section 9.8.050 Alternative Development Standards, the Planning Commission may credit some of the recreation or community center spaces provided toward the satisfaction of the visitor parking requirements for the development if such spaces are in close proximity (i.e., 200 feet) to residences within the development.

(d)

Residential projects that qualify as affordable housing development projects shall be required to adhere to the following parking requirement:

Table 9.06.2

Residential Parking Requirements

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-02, § 12, 4-27-2011; Ord. No. 24-07, § 22, 9-11-2024)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections (1)—(3). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (a)—(c).

Sec. 9.06.060. - Residential parking standards.

(a)

Size of parking spaces.

(1)

Each required covered off-street parking space for single-family dwellings shall be in a garage or carport a minimum of ten feet in width and 20 feet in length of unobstructed area. In garages or carports containing two or more side-by-side parking spaces, the required minimum width may include the exterior walls or supports of the structure, provided minimum unobstructed dimensions of nine feet in width and 18 feet in length are met.

(2)

Uncovered off-street parking spaces, including driveways to private garages, shall be a minimum of ten feet in width and 20 feet in length. In measuring the length of paving required for uncovered parking spaces, allowance, not to exceed two feet, may be made for vehicular overhang beyond the bumper or tire stop if such overhang does not interfere with screening or pedestrian use.

(3)

When a side of any space abuts a building, fence, support column or other obstruction which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than otherwise required by this Section.

(4)

Uncovered parallel parking spaces adjoining private accessways shall be not less than eight feet in width and 18 feet in length, with a minimum of eight feet separating each pair of such parking spaces.

(b)

Driveway dimensions.

(1)

Single-family residence driveways shall be paved to a minimum of 16 feet in width from the access street or alley to the garage.

(2)

Driveways providing access to garages, carports and uncovered parking areas serving two or more dwelling units shall be paved to a minimum of 20 feet wide, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces as illustrated is Figure 9.06.1.

(3)

All driveways providing access to a garage shall be paved to a minimum of 20 feet in length, unless an automatic roll-up door is provided, in which case the driveway length may be paved to a minimum of 18 feet in length.

==> picture [234 x 265] intentionally omitted <==

Figure 9.06.1: Garage Access

(c)

Maneuvering areas. Maneuvering areas for access into and out of garages, carports and uncovered parking spaces shall have minimum widths as follows:

(1)

Garages and carports shall have 28 feet of unobstructed area, measured from the garage or carport entry as illustrated in Figure 9.06.1.

(2)

Uncovered parking shall have 24 feet of unobstructed area, measured from the outward end of the parking stall.

(d)

Location of residential parking spaces.

(1)

Assigned spaces shall be conveniently and safely located on the same site within 200 feet of the dwelling unit they serve.

(2)

Assigned spaces shall be designated as to the dwelling unit to which they are assigned on all plot plans or site plans submitted for the proposed project.

(e)

Design of common parking areas. Common off-street parking areas, including multiple garages and carports serving multi-family dwelling units, shall comply with the following:

(1)

The off-street parking area shall be designed so that a vehicle within the parking area will not have to enter a public street to move from one location to any other location within that parking area.

(2)

Parking and maneuvering areas, including garages and carports, shall be designed so that any vehicle can leave the parking area and enter onto the nearest street traveling in a forward direction.

(3)

Curbs or tire stops shall be provided at the end of each uncovered parking space along any property line abutting a public walkway, street or alley, except where screening is positioned, to ensure that the motor

vehicle will not encroach into the public right-of-way as illustrated in Figure 9.06.2.

==> picture [229 x 217] intentionally omitted <==

Figure 9.06.2: Curbs/Tire Stops

(f)

Location of driveway on corner lot. When a building site abuts two intersecting streets, the driveway approach shall be located within the half of either street frontage that is farthest from the intersection of the two streets. If one of the intersecting streets is an arterial highway, the driveway approach shall be located on the other street. (Figure 9.06.3)

==> picture [229 x 479] intentionally omitted <==

Figure 9.06.3: Location of Driveway on Corner Lot

(g)

Screening. Uncovered residential parking facilities containing five or more spaces shall be screened in accordance with the screening requirements of Section 9.05.070.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.06.070. - Non-residential parking requirements.

The numerical parking requirements for all non-residential uses are identified in Table 9.06.3.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Location of non-residential parking. Required parking for non-residential uses shall be located:

(1)

On the same site as the use which the facilities serve; or

(2)

On an adjoining lot or parcel of land under the same ownership as the site necessitating the parking, provided that the shared parking does not conflict with and are in addition to any preestablished parking requirement on that site and that the owner of the site will grand and record a parking easement or other recorded document satisfactory to the City; or

(3)

On an adjacent lot or parcel of land not under the same ownership as the site necessitating the parking, provided that the shared parking does not conflict with, is in addition to any preestablished parking requirements on that site and that the owner of the site will grant and record a parking easement or other recorded document satisfactory to the City, provided:

a.

Said lots or parcels would be contiguous, if not separated by an alley;

b.

Direct vehicular and pedestrian passage between said lots or parcels would be possible if the public rightof-way were vacated; and

c.

The parking and vehicular access on said lots or parcels can be designed to ensure safe pedestrian movement between the parking and site which the parking facilities serve as determined by the City Engineer.

(4)

On a remote site, with Planning Commission approval of a parking management plan through an alternative development standard pursuant to Section 9.08.050 to include security measures, pedestrian access between the parking and parent site, means and methods of transportation between the sites, schedule of usage, parking assurances and other issues or concerns deemed necessary by the City Engineer, the Development Services Director and the Planning Commission.

(5)

Remote or shared employee parking meeting the same requirements of Subsection (4) may be substituted for existing on-site parking if the existing on-site area is converted to another land use approved by the Planning Commission through an alternative development standard pursuant to Section 9.08.050. An analysis approved by the Development Services Director verifying the number of employees to be relocated and that remaining parking supports the proposed new land use and other issues or concerns deemed necessary by the Development Services Director.

Table 9.06.3

Non-Residential Parking Requirements

(b)

Size of parking spaces.

(1)

All covered or uncovered off-street parking spaces, except as otherwise noted in this Section, shall be a minimum clear unobstructed nine feet in width and 18 feet in length.

(2)

Parking spaces parallel to a curb may be eight feet in width and 18 feet in length, with a minimum of four feet separating each pair of such parking spaces.

(3)

When a side of any space abuts a building, fence, support column or other obstruction which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than the standard required width.

(4)

In measuring the length of paving required for uncovered parking spaces, allowance may be made to accommodate vehicular overhang beyond a continuous, unbroken concrete curb, if such overhang does not interfere with screening or pedestrian use.

(5)

No compact spaces are permitted.

(c)

Non-residential parking facility design.

(1)

Off-street parking facilities shall be designed so that a car within a facility will not have to enter a street to move from one location to any other location within that parking facility. On industrial or office sites, separate noncontiguous parking facilities may be provided with independent entrances for employee and visitor parking, provided the designated use is clearly identified on all plot plans or site plans submitted for the proposed project.

(2)

Parking and maneuvering areas shall be arranged so that any vehicle can leave the parking area and enter into an adjoining vehicular right-of-way traveling in a forward direction.

(3)

Dead ends shall include adequate maneuvering areas as illustrated in Figure 9.06.4.

(4)

No dead-end parking aisles shall serve more than five consecutive stalls for single-loaded aisles and ten, on each side, for double-loaded aisles.

(5)

Continuous, unbroken concrete curbs shall be provided along any abutment to a pedestrian walkway, access or driveway, street or alley, except where screening is positioned, to ensure that the motor vehicle will not extend into these areas.

(6)

All paved parking stalls, except parallel spaces, which may use a single line, shall be clearly outlined with double or hairpin lines or special paving techniques on the surface of the parking facility.

(7)

All parking spaces shall be located so as to be within proximity to the use they are intended to serve. Distribution of parking in multi-tenant centers should be in reasonable proximity to the uses they are intended to serve.

==> picture [229 x 299] intentionally omitted <==

Figure 9.06.4: Dead End Maneuvering Areas

(d)

Non-residential parking accessways. Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an accessway. Accessways shall conform to the following standards:

(1)

All parking facilities taking access from a major, primary or secondary arterial shall have a parking accessway between the arterial and the parking aisles.

(2)

Parking accessways from arterial highways shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of the following:

a.

Thirty feet for projects with zero to 200 parking spaces;

b.

Fifty feet for projects with 201 to 350 spaces;

c.

Seventy feet for projects with 351 to 450 spaces; and

d.

Ninety feet for projects with 451 spaces or more.

All distances shall be measured from the curb face of the ultimate curbline of the adjacent street.

(3)

Parking accessways from nonarterial highways shall be not less than 20 feet in length from the ultimate curbline of the adjacent street.

(4)

One-way accessways shall have a minimum width of 15 feet, unless the accessway is a fire lane, which requires a minimum of 20 feet.

(5)

Two-way accessways shall have a minimum width of 28 feet.

(e)

Parking aisles. Parking aisles shall have a minimum width of 14 feet. In no case shall the parking aisles for two-way traffic be less than 25 feet in width.

(f)

Landscaping. Landscaping of parking areas shall be provided in accordance with Subsection 9.05.070(d).

(g)

Screening. Open parking spaces and parking structures shall be screened in accordance with Section 9.05.070. Screening shall be located adjacent to the inside edge of any required boundary landscaping and the outside edge of the paved parking area when there is no landscaping.

(h)

Off-street loading.

(1)

Off-street loading spaces shall be required on the same building site with every building, storage warehouse, auto dealership, wholesale distributor, department store, market, hotel, laundry, dry cleaning, and other similar uses involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity.

(2)

Each off-street loading space shall be sufficient to permit the standing, loading, and unloading of vehicles to avoid undue interference with the public use of streets and alleys and shall not be a part of the off-street parking area required for each particular use.

(3)

The loading area shall be screened from public view.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 7—9, 11-14-2007; Ord. No. 09-03, § 8, 3-252009; Ord. No. 11-02, § 13, 4-27-2011; Ord. No. 24-07, § 23, 9-11-2024)

Sec. 9.06.090. - Joint use/shared parking.

(a)

General. Parking facilities may be provided jointly subject to the satisfaction of the requirements of this Section and approval of a site development permit pursuant to Section 9.08.170, and, when an inadequate supply of required parking is provided on site, an alternative development standard pursuant to Section 9.08.050. The joint use/shared parking plan shall include:

(1)

Written verification from the involved property owners and tenants acknowledging acceptance of and compliance with the requirements of the joint use/shared parking plan;

(2)

A proposed means of providing notice of the joint use/shared parking plan to all future property owners, tenants and other users;

(3)

A proposed means to amend the agreement to include future users/tenants or changes based upon participant modifications to uses;

(4)

A site plan showing all parking spaces, building square footage and tenant spaces within the complex or area participating;

(5)

A joint use/shared parking matrix with the following information:

a.

The number of parking stalls available on-site (parking supply);

b.

Project building and tenant addresses;

c.

Gross square footage of all buildings and tenant spaces;

d.

The name, type of use and the days and hours of operation for each tenant;

e.

The number of parking stalls required for each tenant based on each tenant's gross square footage and type of use;

f.

The hourly parking demand for all tenants on:

1.

Weekdays (Monday through Friday);

2.

Saturdays; and

3.

Sundays.

g.

A comparison between hourly parking demand and the parking supply to show that demand will not exceed parking supply.

(b)

Joint usage where there is an overall deficiency in the number of spaces provided. Parking facilities for adjoining uses within shopping centers for which the hours of parking demand are substantially different from each other may be provided jointly. Such joint usage shall be subject to:

(1)

The granting of an alternative development standard by the City; and

(2)

The satisfaction of the following conditions:

a.

Absence of conflicts. Sufficient evidence as identified and documented in a parking study shall be submitted demonstrating that no substantial conflict in the principal hours or periods of peak demands of the structures or uses for which the joint use is proposed will exist.

b.

Allocation of spaces. The number of parking spaces which may be allocated to the requirements for each structure or use involved shall not exceed the number of spaces reasonably anticipated to be available during the differing hours of operation.

c.

Location. The parking facilities designated for joint use shall be contiguous to all the structures and uses served and not more than 200 feet from each shared use. A pedestrian pathway is required to provide a means for pedestrian linkage between immediately adjacent land uses and uses within the parking facility.

d.

Deed recorded agreements. The city may require a written agreement, approved by the City Attorney as to form and content, to be executed by all parties concerned and filed in the office of the County Recorder. Such agreement shall be a covenant running with the land or other enforceable restriction and shall assure the continued availability of the number of spaces designated for joint use at the periods of time indicated.

(c)

Joint usage where there is no overall deficiency in the number of spaces provided. If two or more adjoining uses are under common ownership, or if the ownership is not common and the respective owners thereof have acquired recordable easements appurtenant for off-street parking approved by the City Attorney as to form and content, such buildings or uses collectively may provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

(d)

Mixed land use developments (shared parking). Shared parking may be considered in determining the specific number of parking spaces that can be used to serve two or more individual land uses without

conflict or encroachment. Any program that would use a shared parking concept may be granted by the Planning Commission through the alternative development standards process if it determines in any individual use that the following findings can be satisfied:

(1)

Variations in the peak accumulations of parking vehicles as the result of different activity patterns of mixed land use will not result in a deficiency of parking spaces (by hour, by day, by season).

(2)

There is a relationship among the land uses that result in two or more land use activities with a single vehicle trip to the development.

In preparing a traffic/parking study for consideration by the Planning Commission, a methodology acceptable to the Development Services Director and City Engineer is to be used.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.06.100. - Visibility at intersections/driveways.

(a)

Intersection visibility. On a corner lot of any intersection in any zoning district, no fence, wall, hedge, or other barrier shall be erected, placed, planted, or allowed to grow above a height of 36 inches so as to:

(1)

Materially impede vision in the triangular area on the parkway side of the curb, at the intersection of streets as illustrated in Figure 9.06.5; or

(2)

Be in conflict with the vehicular sight distance requirements of the current edition of the California Department of Transportation Highway Design Manual.

(b)

Driveway visibility. In any zoning district, no fence, wall, hedge, or other barrier shall be erected, placed, planted, or allowed to grow above a height of 36 inches so as to materially impede vision in the triangular area on the parkway side of the curb, located on both sides of a driveway entrances as shown in Figure 9.06.5.

==> picture [229 x 460] intentionally omitted <==

Figure 9.06.5 Intersection/Driveway Visibility

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Chapter 9.07 - Signs

Sec. 9.07.010. - Purpose.

The purpose of this Section is to establish guidelines and standards for the regulation of signs, sign structures and sign programs, so as to assure adequate identification of businesses and other activities, as well as to maintain and improve the quality of the visual environment within the City. The procedures and regulations of this Section are enacted to:

(1)

Encourage the effective use of signs and graphics as a means of identification and communication in the community;

(2)

Maintain and enhance the aesthetic environment and the ability of the City to attract sources of economic development and growth;

(3)

Permit such signs that will not, by reason of their size, location, construction, or manner of display, endanger the public safety of individuals, confuse, mislead, or distract the vision necessary for traffic safety, or otherwise endanger public health, safety and morals;

(4)

Provide procedures and standards to control the location, size, type, number, and all other matters pertaining to signs within the City; and

(5)

Provide consistency among signs within an integrated commercial center.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Signs shall only be erected or maintained in compliance with this Section. The number and area of signs as outlined in this Section are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, the review and approval of sign permits and sign programs in compliance with this Section shall consider a sign's relationship to the overall appearance of the site and the surrounding community, in addition to the standards of this Section.

(b)

These sign regulations are not intended to restrict, limit or control the content or message of signs.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections (1) and (2). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (a) and (b).

Sec. 9.07.030. - Sign permit required.

Signs shall only be constructed, displayed or altered with a sign permit approval unless otherwise exempt as described in Section 9.07.060. Sign permits shall not be issued until a certificate of use and occupancy has been issued for the business/establishment for which the sign is intended.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Purpose. The purpose of the sign program is to:

(1)

Assure coordination and compatibility between all signs within an integrated center, including, but not limited to retail centers and business parks.

(2)

Prevent visual clutter caused by signs excessive in size and number.

(3)

Ensure that signs are compatible with the desired image of the zoning district in which they are located.

(4)

Encourage uniqueness and individuality in signage within the established criteria.

(b)

Applicability. A sign program is a coordinated program of signs which is required for all integrated centers; including individual buildings with multiple tenants, building complexes, commercial centers or business parks. For all integrated centers, no permit shall be issued for an individual sign unless and until a sign program for the site on which the sign will be erected has been submitted and approved by the Planning Commission in conformance with this Section and Section 9.08.160.

(c)

Sign program requirements. A sign program shall consist of the following:

(1)

A copy of an approved site plan showing location of buildings, building elevations, parking areas, driveways, landscaped areas, and adjacent streets.

(2)

An accurate indication on the site plan and building elevations of the location of all existing and proposed signs requiring a permit.

(3)

Computation of the total number of signs, sign area for individual signs, total sign area and dimensions of signs for each existing and proposed sign type.

(4)

For each existing or proposed sign, the following shall be specified:

a.

Location of each sign on the buildings and property;

b.

Sign dimensions;

c.

Color scheme;

d.

Lettering or graphic style;

e.

Sign copy dimensions;

f.

Sign type;

g.

Any sign copy limitations;

h.

Lighting, if any;

i.

Materials;

j.

Landscaping quantities, types, sizes, and planter area dimensions if signs are to be located within landscaped planters; and

k.

Line of sight dimensions for any proposed monument signs.

(5)

The sign program may contain such other restrictions as the owners of the property within the sign program area may reasonably request to be adopted by the City.

(d)

Consent. The sign program application shall be signed by all property owners or their authorized representatives.

(e)

Existing signs and sign programs.

(1)

Unless completed sooner, each sign program in the City shall be replaced with a sign program that is consistent with the sign regulations and standards of this Title within five years of the approval of this Title.

(2)

When any new or amended sign program is submitted for a property on which existing signs are located, all such existing signs not in compliance with the proposed sign program shall be considered nonconforming and subject to the provisions of Section 9.07.130.

(f)

Binding effect. After approval of a sign program, no sign requiring a permit shall be erected, constructed, installed, displayed, altered, placed or maintained except in accordance with such program. The sign program may be enforced in the same way as any provision of this Title. In case of any conflict between the provisions of such a program and any other provision of this Section, the sign program provisions shall prevail.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

The Development Services Director or Planning Commission may approve and/or modify a sign program or sign program amendment as described in Section 9.08.160.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.07.060. - Exempt signs.

The following signs shall not require sign permit/sign program approval nor shall the area of the following signs be included in the maximum sign area permitted for any site or use:

(1)

One "open" or "closed" window sign less than two square feet in area. This sign may also include hours of operation.

(2)

Interior signs located within the interior of buildings when such signs are not visible from outside the subject building.

(3)

A United States, California or City flag. The flag itself shall not exceed ten feet in length or eight feet in height. The height of the flag pole shall not exceed 20 feet.

(4)

One temporary residential "open house" sign not exceeding three square feet in area on the particular premises that is for sale, lease, or rent, and posted only when a salesperson is present.

(5)

Directional safety signs, such as "Stop," "Yield," and similar signs, the face of which meet California Department of Transportation standards and bear no commercial message of any sort.

(6)

Trespassing and property alarm signs less than two square feet in area.

(7)

Neighborhood watch signs in residential neighborhoods with the approval of the City Engineer and Orange County Fire Authority.

(8)

Any official government sign, public notice or warning required by a valid and applicable Federal, State or local law, regulation or ordinance.

(9)

Temporary banner signs which are 24 square feet or less in the park zoning district provided said banner signs are part of a City-approved temporary banner sign program.

(10)

Signs identified in Tables 9.07.1 through 9.07.6 as not requiring a permit if they meet the applicable standards outlined in the tables.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 11-06, § 2, 9-14-2011)

Sec. 9.07.070. - Prohibited signs.

All signs that are not expressly permitted under this Section or exempt from regulation in accordance with Section 9.07.060 shall be prohibited in the City. Such signs include:

(1)

Signs on public property, including but not limited to, any building, wall, bridge, hydrant, tree, shrub, tree stake or guard, street sign, traffic sign, utility pole, wire box or related equipment, except those serving a public purpose and approved by a government agency.

(2)

Signs in public rights-of-way except those needed for traffic safety regulation, City signs and directional signs related to hospitals or affiliated facilities, as approved by the City.

(3)

Any off-site or outdoor advertising sign or structures placed for the purpose of advertising a business not on the property upon which the sign is placed.

(4)

Banners, pennants, and balloons, unless specifically provided by this Title.

(5)

Flags, kites, wind blown and blow-up signs and characters or other similar advertising devices or displays.

(6)

Signs that revolve, rotate, move, flash, reflect, blink, or appear to do any of the foregoing, including searchlights, and animated signs shall be prohibited unless required by law or utilized by a proper government agency, with the exception of approved time and temperature displays.

(7)

Flood, laser, or search lights are not permitted unless the event involves over 500 people and is approved as part of a special event through the site development permit process in Section 9.08.170.

(8)

Electronic message board signs, except those that meet the requirements identified in Section 9.07.080.

(9)

Signs which constitute a nuisance or hazard due to their intensity of light.

(10)

Audible signs or other advertising devices.

(11)

Animals or human beings, live or simulated, designed or used so as to attract attention to the premises.

(12)

Can signs and cabinet signs.

(13)

Formed plastic or injection molded plastic signs.

(14)

Acrylic faced letters or similar material adhered to a window.

(15)

Roof signs.

(16)

Abandoned signs.

(17)

Vehicle signs, including signs attached by any means to automobiles, trucks, trailers, or other vehicles on private or public property for the purpose of advertising, identifying, or providing direction to a use or activity not related to the lawful use of the vehicle for rendering service or delivering merchandise, that remain on a parked vehicle for four or more hours.

(18)

Neon signs/bands in which the neon tubing is exposed and clearly visible, unless approved through a sign program in the commercial-general (CG) zoning district only.

(19)

Portable signs, including human directional signs and sign "twisters."

(20)

A-frame signs, with the exception that restaurants be permitted one A-frame sign to place inside their patio area or by their front door.

(21)

Free-standing pole signs.

(22)

Signs that create safety hazards as determined by the Development Services Director, Chief of Police, Orange County Fire Authority, or City Engineer.

(23)

Signs painted on fences, roofs or other structures, except as expressly permitted within this Chapter.

(24)

Billboards.

(25)

Signs advertising or displaying any unlawful act, business or purpose.

(26)

Commercial/business park signs facing residential areas unless approved through a sign program.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.07.080. - Electronic message board signs.

Electronic message board signs are only permitted at high schools or colleges with a minimum size of 25 acres pursuant to the following regulations:

(1)

Electronic message board signs require a site development permit pursuant to Section 9.08.040.

(2)

Electronic message board signs shall be limited to one per educational institution.

(3)

The maximum permitted sign area for the electronic message board shall be 36 square feet of sign copy.

(4)

The maximum permitted sign height for the electronic message board sign area shall be three feet.

(5)

No permit shall be issued for an electronic message board sign, which constitutes a hazard to the safe and efficient operation of vehicles upon a street or freeway. The following conditions shall apply to all electronic message board signs:

a.

The electronic message display shall have no illumination which is continuous motion or which appears to be in continuous motion.

b.

Fixed/permanent sign copy on each face of an electronic message board sign shall be limited to the identification of the educational institution. The fixed/permanent sign copy and the display message shall

be limited to major events associated with the educational institution and shall not contain material that is commercial, political or sexual in nature. Time and temperature readings are allowed.

c.

The fixed/permanent sign copy shall not flash, shall consist of one color, and shall not advertise off-site businesses or organizations.

d.

The display message shall not change at a rate faster than one message every five seconds.

e.

The intensity of illumination shall not change.

f.

Burned out lights shall be replaced promptly.

g.

The electronic message board shall not be allowed to operate in a faulty manner.

h.

Misspelled messages shall be corrected promptly.

i.

All electronic signs shall conform to the electrical code of the City.

(6)

No electronic message board sign shall be located within 25 feet of any interior side property line and shall have a minimum separation of 100 feet from a residential zoning district or use.

(7)

No portion of an electronic message board sign shall project into any right-of-way.

(8)

Neither the fixed/permanent sign copy nor the display message of the proposed electronic message board sign shall adversely affect the character, liveability, or quality of life of the residential community it will be adjacent to or located in.

(9)

The proposed design of the electronic message board sign shall be compatible in design with the architectural theme or character of the educational institution it will serve and surrounding areas.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

This Section specifies the criteria for:

(1)

Signs permitted in residential zoning districts;

(2)

Signs permitted in commercial and business park zoning districts; and

(3)

Signs permitted in all other zoning districts.

Signs shall be permitted in the City in accordance with the standards contained in Tables 9.07.1 through 9.07.6.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.07.100. - Measurement of sign area and height.

The following regulations shall control the measurement of sign area and sign height:

(1)

Height of a sign. The height of a sign shall be computed by measuring the vertical distance from the midpoint, or average ground level, along the base of the sign structure, excluding any berming, to the highest point of the structure as illustrated in Figure 9.07.1. Sign height for monument signs shall be measured from ground level, even when the sign structure itself is not located at ground level.

(2)

Measurement of sign area for signs with no distinct border or boundary. Sign area shall be calculated by computing the area consisting of not more than eight continuous, perpendicular straight lines, which contains all of the writing, representation, emblem, or other display on such sign as illustrated in Figure 9.07.2.

(3)

Measurement of sign area for signs with a distinct border or boundary. For signs with a distinct border or boundary, the sign area shall be computed by measuring the entire area enclosing the sign copy, emblem or character as described in Subsection (2). Background or borders containing no copy, emblems, or characters shall also be included in the calculation of sign area. The combined area of sign copy and sign background/border shall be no more than two times the area of the sign copy as illustrated in Figure 9.07.3.

(4)

Double-sided sign. The sign area of signs which have two identical faces, arranged back to back in parallel planes, shall be computed for one side only, provided that the two sign faces are no more than 18 inches apart.

(5)

Multiple-sided sign. Signs which have more than one side and are not double-sided signs have a sign area as computed for all sides, cumulatively.

(6)

Including sign structure or support. Where a sign base, structure, support or other feature such as berms is designed in such a manner to make the sign more noticeable or appear larger (such as backlighting of an entire awning), as determined by the Development Services Director or Planning Commission, the area of the structure or support shall be included in the sign height and sign area, as applicable.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections A.—F. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (1)—(6).

Sec. 9.07.110. - Sign design, construction, and maintenance.

All signs shall be designed, constructed and maintained in accordance with the following standards:

(1)

All signs shall comply with the applicable provisions of the Uniform Building Code and the electrical code of the City at all times.

(2)

Unless otherwise specified by a sign program, all permanent wall signage shall consist of individual channel letters.

(3)

Except for banners, flags, window signs and other temporary signs conforming in all respects with the requirements of this Section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.

(4)

All signs shall be maintained by the tenant or property owner in good structural condition, in compliance with all building and electrical codes, and in conformance with this Chapter, at all times. Damaged signs or signs in disrepair are subject to this requirement.

==> picture [229 x 109] intentionally omitted <==

Figure 9.07.1: Sign Height

==> picture [229 x 319] intentionally omitted <==

Figure 9.07.2: Measurement of Sign Area with no Background or Border >

==> picture [462 x 337] intentionally omitted <==

Figure 9.07.3: Measurement of Sign Area with Backgrounds or Borders

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.07.120. - Abatement of illegal and abandoned signs.

The following provisions shall control the regulation of abandoned signs:

(1)

Any illegal or abandoned sign, either temporary or permanent, shall be removed by the property owner within ten days after notice from the Development Services Director. Any sign not removed within ten days after such notice, may be summarily abated by the Code Enforcement Officer if no appeal has been made of the Development Services Director's decision pursuant to this Title. Said signs shall be retained by the City for a period of not less than three working days. Thereafter, any unclaimed signs may be discarded.

(2)

The reasonable cost of such removal shall be assessed against the sign owner. The cost of removal shall be determined by resolution of the City Council.

(3)

Legal, conforming structural supports for abandoned signs may remain, if installed with a blank sign face and supporting structures are maintained.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.07.130. - Legal nonconforming signs.

(a)

A legal nonconforming sign is any permanent sign that was legally established and maintained in conformance with the provisions of all applicable laws in effect at the time of original installation but that does not comply with the provisions of this Section.

(b)

A nonconforming sign shall not be:

(1)

Changed to another nonconforming sign or replaced by the same or similar nonconforming sign.

(2)

Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into full compliance with all current provisions of this Section.

(3)

Relocated to another site on the same property or another property in the City.

(4)

Reestablished after discontinuation of use for 90 days in a one-year period.

(5)

Reestablished after damage or destruction of more than 50 percent of the value or structure/mass of the sign prior to said damage or destruction.

Table 9.07.1

Temporary Signs Permitted in Residential Districts

Table 9.07.2

Permanent Signs Permitted in Residential Districts

prohibited, etc.) 7. Any other sign described in Table 9.07.6.

Table 9.07.3

Temporary Signs Permitted in Commercial and Business Park Districts

Table 9.07.4

Permanent Signs Permitted in Commercial Districts

Table 9.07.5

Permanent Signs Permitted in Business Park District

Table 9.07.6

Signs Permitted in All Districts

generally accepted engineering standards, determines that such sign would constitute a safety or traffic hazard. (7) Shall not be placed upon the property of another without the approval of the owner of said property. Signs placed upon the property of another shall be removed by the person or organization responsible for the sign promptly upon the request of the property owner. Design requirements:

(1) Shall not be animated, revolve, rotate, move mechanically, flash, reflect, or blink. (2) Shall not have flags, kites, valances, pennants, flood, laser or search lights, or other similar attraction devices.

(3) Shall display the name, address and telephone number of the person or organization responsible for the sign.

Removal requirements: (1) Shall be removed on or before three days after the election to which the sign pertains.

(2) In addition to all other remedies available to the City pursuant to this Chapter, the Municipal Code, or other applicable law, any sign illegally

posted and left behind on City property or in the public right-of-way may be removed and stored by the City (a) following the expiration of four hours after providing oral, telephonic, or written notice to the person or organization responsible for the sign and such sign has not been voluntarily removed by the responsible person or organization; or (b) immediately, (i) if such sign was previously removed by the City from City property or the public right-of-way, and it is thereafter replaced on City property or the public right-of-way; or (ii) if the name, address and telephone number of the person or organization responsible for the sign is not displayed on the sign and the City is not otherwise able to determine the person or organization responsible for the sign; or (iii) if the sign has been posted and left behind in a manner that constitutes an immediate threat to public safety or is determined to be a traffic hazard. If any such sign so removed is not claimed and retrieved by the responsible person or organization within 30 days, the

splayed on the sign and the City is not otherwise able to determine the person or organization responsible for the sign; or (iii) if the sign has been posted and left behind in a manner that constitutes an immediate threat to public safety or is determined to be a traffic hazard. If any such sign so removed is not claimed and retrieved by the responsible person or organization within 30 days, the

Development Services Director.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 10, 11-14-2007; Ord. No. 09-03, § 9, 3-252009; Ord. No. 14-01, § 3, 4-9-2014)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections (1) and (2). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (a) and (b).

Chapter 9.08 - Administration

Sec. 9.08.010. - Consistency with the General Plan.

(a)

Consistency requirements. The State Government Code requires that all City zoning codes, zone changes, subdivisions, and public works projects be consistent with the City's General Plan. Except as otherwise required pursuant to State law, no public or private development project shall be approved which is inconsistent with the City's General Plan. This Section sets forth procedures for determining the consistency of proposed projects with the General Plan.

(b)

Procedures for determining consistency.

(1)

The Development Services Director shall make a preliminary finding whether a proposed zone change, subdivision, or other land use or development application is consistent with the General Plan. This finding shall be considered by the applicable decision-making authority when the proposal is scheduled for normal development application processing for approval or denial. The appropriate decision-making authority shall make a final determination of General Plan consistency prior to or concurrent with approval or denial of the application in question.

(2)

In all cases, if the final decision-making authority finds that a proposal is not consistent with the General Plan, the proposal shall be denied.

(3)

Determinations regarding General Plan consistency may be appealed in accordance with the provisions of Section 9.08.100.

(c)

Criteria for determining consistency. The Development Services Director or the applicable decision-making authority shall utilize the following criteria in determining whether a proposed project is consistent with the General Plan:

(1)

The proposal is compatible with the goals, policies, programs, and land uses of applicable elements of the General Plan. In order to satisfy this criterion, a proposal must meet the overall intent of such goals and policies.

(2)

The base zoning district required to accommodate the proposal is consistent with the applicable General Plan land use designation shown on the General Plan land use policy map. Such zoning consistency shall be determined by consulting the zoning consistency matrix (Table 9.03.1) which depicts which zoning districts are consistent with the various General Plan designations.

(3)

For residential projects, the number of project dwelling units is consistent with the density allowed by the General Plan land use designation and the latest adopted Housing Element.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 24-07, § 25, 9-11-2024)

Sec. 9.08.020. - Maximum density and floor area ratio (FAR).

The maximum residential density for a specific property is designated on the General Plan Land Use Policy Map. The actual density, net dwelling units and floor area ratio (FAR) may be less than the maximum designated on the General Plan in order to meet the development standards of Chapter 9.03 and other applicable regulations. The City Council has the final authority, through the administration of this Title, to determine the appropriate density and FAR for each site.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.08.030. - General procedures.

All development proposals may be subject to one or more development application processing procedures contained in this Chapter. The exact application processing procedures that apply to a specific project will be determined by the Development Services Director based on the project characteristics. Table 9.08.1 outlines the primary types of development applications and review procedures.

Table 9.08.1

Application Types, Review Bodies and Responsibilities

Notes:

1. May be submitted by City staff, Planning Commission or City Council only.

2. When an application for a site development permit proposes a building addition that would increase by ten percent or less the gross square feet of non-residential building area approved on the original site development permit, up to a maximum of 6,500 square feet, or which involves temporary uses and structures and not performed in conjunction with another discretionary permit review that requires action by the Planning Commission.

3. When an application for a site development permit proposes a building addition that would increase by more than ten percent of the gross square feet approved on the original site development permit non-residential building area, or any increase above 6,500 square feet, and/or performed in conjunction with another discretionary permit review that requires action by the Planning Commission. A site development permit alone does not require a public hearing.

4. The Planning Commission is board of appeals for Development Services Director decisions, and its decision on the appeal is final. A Planning Commission public hearing is required only when the original application required a public hearing. The City Council is board of appeals for Planning Commission decisions, and its decision on the appeal is final.

5. No public hearing required. Consent calendar item on City Council agenda.

6. In accordance with Chapter 9.14, Housing Development Project Special Regulations.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 16-03, § 4, 4-13-2016; Ord. No. 18-01, § 12, 2-14-2018; Ord. No. 24-07, § 24, 9-11-2024)

Sec. 9.08.040. - Administrative approvals.

(a)

Authority of the Development Services Director. The Development Services Director has the authority to approve or deny the following applications, subject to specific findings and procedures, including, but not limited to:

(1)

Amateur radio antennas in compliance with the provisions of Section 9.4.020(g);

(2)

Building additions not to exceed ten percent of the gross floor area of the non-residential building area approved on the original site development permit, up to a maximum of 6,500 square feet, or involves temporary uses and structures. A finding of consistency with the existing building architectural style, materials, colors, and other provisions of the Code shall be made;

(3)

Changed plan—Minor. An applicant may initiate a request for a modification of an approved development application upon the submittal of the applicable form, materials, and fees. Minor modifications must be granted in writing by the Development Services Director prior to the issuance of a building permit for any changed plans. To grant the request, the Development Services Director must find that the requested modification is substantially in compliance with the original approval plans, and conditions shall be limited to the following:

a.

A modification that involves ten percent or less of the building area or project site area, up to a maximum of 6,500 square feet; or

b.

A modification that involves minor changes in color, material, signage, design, landscape material, or parking or driveway orientation; or

c.

A modification that involves minor design changes that represent improvements to previous engineering, site design, or building practices provided the request does not change the character of the project or result in negative impacts to adjoining properties, drainage facilities, or rights-of-way.

All modifications that do not meet the criteria in Subsections a., b., and c. above shall be considered major changes and shall be subject to the same review procedures established for the original development review application.

(4)

Color changes, windows, and door relocation and/or additions that are compatible with the existing building architectural style;

(5)

Exterior lighting as permitted in individual zoning districts in compliance with the provisions of Section 9.05.080;

(6)

Fences exceeding six feet in height in compliance with the provisions of Section 9.04.070;

(7)

Home occupation permit applications which comply with the provisions of Section 9.05.230;

(8)

Outdoor display of merchandise and product display for an existing building that complies with the provisions under Sections 9.04.110 and 9.05.110;

(9)

Outdoor storage as permitted in individual zoning districts in compliance with the provisions under Section 9.04.110;

(10)

Roof eaves and gables on accessory structures in excess of 12 inches, measured from the vertical side of the unit, in compliance with Section 9.04.020; and

(11)

Sign permit applications in compliance with the provisions of Chapter 9.07; and

(12)

Any other items delegated to the Development Services Director for review and approval.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 09-03, § 10, 3-25-2009; Ord. No. 16-03, § 5, 4-13-2016)

Sec. 9.08.050. - Alternative development standards.

(a)

Purpose. The development standards of this Title may be modified by the Planning Commission to permit development on property that is constrained due to lot size, shape, location, access restrictions, or other constraints. Alternative development standards are intended to be used only when deviations from the standards in this Code are truly minor and no potential negative impact associated with the health, safety, and welfare of adjacent persons or properties will occur.

(b)

Applicability. Once an alternative development standard has been approved for a project, another alternative development standard of the same type (e.g., parking requirements, height, setbacks) may not be granted. More specifically, if one alternative development standard is granted for a certain standard, any future change to that same standard that is not in conformance with the requirements of this Zoning Code shall require a variance.

Additionally, after the first certificate of use and occupancy of an individual residential dwelling unit has been issued, the site development standards contained within this Title shall apply to that dwelling unit and shall only be modified subject to the variance procedure contained in Section 9.08.210. No alternative development standard may be granted for any residential dwelling unit after the first certificate of use and occupancy has been issued.

An alternative development standard may not be combined with or granted in conjunction with any other exception, waiver or modification of a development standard, including, but not limited to, a waiver or reduction of a development standard requested pursuant to Section 9.14.040 (Residential Density Bonus) and/or Government Code Section 65915.

(c)

Decision-making authority. The Planning Commission shall have the authority to approve, conditionally approve, or deny an application for an alternative development standard pursuant to the following limitations:

(1)

Reduction by not more than ten percent of the required lot area, minimum floor area, and setback standard identified in the Code. Where ten percent is less than one foot, up to a one foot variation from the original standard may be allowed.

Notwithstanding, nothing in this provision prevents the Development Services Director from having the discretion to approve minor deviations of up to 20 percent encroachment within the rear setback area of residential developments.

(2)

Increases in the height of both retaining and non-retaining side or rear yard fences, walls, or hedges by not more than one foot over the maximum permitted height. No alternative development standard may be granted for any fence, wall, or hedge that is located in the required front yard setback.

(3)

Increases in non-residential building height for architectural features by not more than ten feet in excess of the permitted building height.

(4)

Variations from landscaping and screening requirements if the project design or improvement is in substantial compliance with the intent of Sections 9.05.070 and 9.08.140.

(5)

Variations from sign standards and regulations if the sign is in substantial compliance with the intent of Chapter 9.07.

(6)

Variations from the parking standards and regulations by not more than ten percent of the standard outlined in the Chapter 9.06.

(d)

Alternative development standard process. Figure 9.08.1 illustrates the process described below:

(1)

An application shall be filed with the Development Services Director.

(2)

The Development Services Director shall review the application and shall determine whether the application is complete and whether the proposal qualifies as an alternative development standard within 30 days of the application date. If the application does not qualify as an alternative development standard request, the Development Services Director shall notify the applicant, and the application is considered withdrawn.

(3)

If the application qualifies as an alternative development standard request and is deemed complete, the Development Services Department and other relevant City departments shall evaluate the request, and a public hearing with the Planning Commission shall be held pursuant to the public hearing procedures established in Section 9.08.150.

(4)

Written notice of the alternative development standard request shall be provided to owners of adjacent and abutting properties at least ten days prior to the public hearing as contained in Section 9.08.150.

(5)

Appeal of the Planning Commission's decision may be made pursuant to Section 9.08.100.

(e)

Findings required. Approval of an alternative development standard shall require the following findings by the Planning Commission:

(1)

That the proposed alternative development standard will better serve the public interest by the establishment of the proposed alternative development standard;

(2)

That the proposed alternative development standard will be consistent with the objectives, policies and general land uses and programs specified in the City's General Plan;

(3)

That the proposed alternative development standard is consistent with other provisions of this Title;

(4)

That the location, size, design and operating characteristics of the proposed alternative development standard will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity; and

(5)

That the proposed alternative development standard will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(f)

Consistency of working drawings with approved plans. Alternative development standard approval shall pertain only to those plans reviewed and approved with the alternative development standard. Further, all plans approved with an alternative development standard shall be considered an integral part of the alternative development standard approval. The Development Services Director shall ensure that any final working drawings for grading or construction authorized by an alternative development standard approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Development Services Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being carried out. If the Development Services Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007; Ord. No. 08-03, § 6, 8-272008; Ord. No. 24-07, § 26, 9-11-2024)

Sec. 9.08.060. - Amendment of the General Plan.

(a)

Authority. Government Code § 65358 allows for amendments and modifications to the City's General Plan.

(b)

Initiation of amendment. General Plan amendment may be initiated in any one of the following manners as described in Figure 9.08.2:

(1)

Upon application by a property owner or owners of any parcel subject to the General Plan.

(2)

The City Council, Planning Commission, or City Manager may also initiate consideration of a proposed General Plan amendment.

(c)

Frequency of General Plan amendment. Pursuant to Government Code § 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

(d)

Proceedings. Applications for a General Plan amendment shall be processed in accordance with the standard processing provisions of this Chapter and as depicted in Figure 9.08.2. The following additional standards also apply:

(1)

Planning Commission recommendation. The Planning Commission recommendation to City Council on all General Plan text and/or map amendment applications shall be in the form of an adopted Resolution recommending approval, approval with modifications, or denial of the application.

(2)

Major modifications. If the City Council proposes any substantial modification to the General Plan amendment not previously considered by the Planning Commission, the City Council shall refer the matter back to the Planning Commission for consideration. Failure of the Planning Commission to act within 45 days of receiving the City Council's request shall be considered a Planning Commission recommendation for approval and the City Council may act without their recommendation.

(e)

Required findings for General Plan amendment. In acting to approve an amendment to the General Plan, the City Council shall be required to make the following findings:

(1)

That the proposed General Plan amendment is consistent with all other goals, policies, programs, and land uses of applicable elements of the General Plan;

(2)

That the proposed General Plan amendment will not adversely affect surrounding properties or the surrounding environment;

(3)

That the proposed General Plan amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Title;

(4)

That the proposed Amendment will not conflict with provisions of this Title, including the City's subdivision regulations; and

(5)

If the proposed Amendment will reduce, or require or permit the reduction of, the allowable residential density for any property identified in the latest adopted Housing Element as a site to accommodate a portion of the City's regional housing needs allocation, the "no net loss" findings required pursuant to Government Code Section 65863 and Subsection 9.14.030(d) must also be made.

(f)

Action/adoption. Adoption of the General Plan amendment shall be by Resolution of the City Council and shall constitute final action and approval of the amendment.

==> picture [432 x 510] intentionally omitted <==

Figure 9.08.2 Process for Amendment of the General Plan

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 24-07, § 27, 9-11-2024)

Sec. 9.08.070. - Zoning code map amendment/change of zone district.

(a)

Purpose. Government Code § 65853 allows changes to the zoning district on any parcel(s) within the City. This Section identifies the process required for changes to the official zoning map.

(b)

Initiation of amendment. Amendments to the official zoning map may be initiated by any of the following as described in Figure 9.08.3:

(1)

For a given parcel, by the recorded owner of that parcel or the owner's authorized agent; or

(2)

The City Council, Planning Commission, City Manager, or other interested parties may also initiate consideration of a proposed change of a zoning district.

(c)

Proceedings. Applications for a Zoning Code map amendment shall be processed in accordance with the standard processing provisions of this Chapter and the process illustrated in Figure 9.08.3.

(1)

Applications for zone changes may be filed with the Development Services Department. The Development Services Director shall prescribe the form of application and the supporting information required to initiate the Zoning Code map amendment.

(2)

Once an application is received by the Development Services Department, the application will be reviewed for completeness. If the Development Services Director finds the application to be complete, then the application shall be processed per the process described in Figure 9.08.3. If the application is found to be incomplete, the Development Services Director will notify the applicant in writing within 30 days what additional information is required, and the application will not be processed until that information is received by the Development Services Department.

(3)

The Planning Commission shall hold a public hearing to consider the application. The Planning Commission recommendation to City Council on all Zoning Code map amendment applications shall be in the form of an adopted Resolution recommending approval, approval with modifications, or denial of the application. All Planning Commission Resolutions regarding a Zoning Code map amendment shall be forwarded to the City Council.

(4)

The City Council shall hold a public hearing to consider the application and the Planning Commission's Resolution. The City Council shall act to approve, approve with modifications, or deny an application. If the City Council proposes any substantial modification to the amendment not previously considered by the Planning Commission, the City Council shall refer the matter back to the Planning Commission for consideration. Failure of the Planning Commission to act within 45 days of receiving the City Council's request shall be considered a Planning Commission recommendation for approval and the City Council may act without their recommendation.

==> picture [482 x 567] intentionally omitted <==

Figure 9.08.3 Process for Zoning Code Map Amend./Change of Zoning District

(d)

Required findings. In acting to approve an amendment to the Zoning Code map, the City Council shall be required to make the following findings:

(1)

That the proposed Zoning Code map amendment is consistent with the goals, policies, programs, and land uses of applicable elements of the General Plan;

(2)

That the proposed Zoning Code map amendment will not adversely affect surrounding properties or the surrounding environment;

(3)

That the proposed Zoning Code map amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Title; and

(4)

If the proposed amendment will reduce, or require or permit the reduction of, the allowable residential density for any property identified in the latest adopted Housing Element as a site to accommodate a portion of the City's regional housing needs allocation, the "no net loss" findings required pursuant to Government Code Section 65863 and Subsection 9.14.030(d) must also be made.

(e)

Adoption. Zoning Code map amendments shall be adopted by Ordinance of the City Council, which constitutes final action.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2—4, 11-14-2007; Ord. No. 24-07, § 28, 9-112024)

Editor's note— Ord. No. 07-07, § 4, adopted November 14, 2007, changed the title of § 9.08.070 from "Zoning ordinance map amendment/change of zone district" to "Zoning code map amendment/change of zone district."

Sec. 9.08.080. - Zoning code text amendment.

(a)

Purpose. Government Code § 65853 allows amendments to any provisions of this Title, including the adoption of new regulations or deletion of existing regulations.

(b)

Initiation of amendment. Amendments to the provisions of this Title may be initiated in any one of the following manners as described in Figure 9.08.4:

(1)

Upon direction of the City Council or Planning Commission; or

(2)

Upon recommendation of the City Manager.

(c)

Proceedings.

(1)

The Planning Commission shall hold a public hearing in accordance with Section 9.08.150 to consider the amendment. The Planning Commission recommendation to City Council on all Zoning Code text amendment applications shall be in the form of an adopted Resolution recommending approval, approval with modifications, or denial of the application.

(2)

The City Council shall hold a public hearing in accordance with Section 9.08.150 to consider the

application and the Planning Commission's Resolution. The City Council shall act to approve, approve with modifications, or deny an application. If the City Council proposes any substantial modification to the amendment not previously considered by the Planning Commission, the City Council shall refer the matter back to the Planning Commission for consideration. Failure of the Planning Commission to act within 45 days of receiving the City Council's request shall be considered a Planning Commission recommendation for approval and the City Council may act without their recommendation.

==> picture [482 x 573] intentionally omitted <==

Figure 9.08.04 Process for Zoning Text Amendment

(d)

Required findings for Zoning Code text amendment. In acting to approve an amendment to the Zoning Code text, the City Council shall be required to make the following findings:

(1)

That the proposed Zoning Code text amendment is consistent with the goals, policies, programs, and land uses of applicable elements of the General Plan;

(2)

That the proposed Zoning Code text amendment will not adversely affect surrounding properties or the surrounding environment;

(3)

That the proposed Zoning Code text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Title; and

(4)

If the proposed amendment will reduce, or require or permit the reduction of, the allowable residential density for any property identified in the latest adopted Housing Element as a site to accommodate a portion of the City's regional housing needs allocation, the "no net loss" findings required pursuant to Government Code Section 65863 and Subsection 9.14.030(d) must also be made.

(e)

Adoption. Zoning Code text amendments shall be adopted by Ordinance of the City Council, which constitutes final action.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 4, 11-14-2007; Ord. No. 24-07, § 29, 9-11-2024)

Editor's note— Ord. No. 07-07, § 4, adopted November 14, 2007, changed the title of § 9.08.080 from "Zoning ordinance text amendment" to "Zoning code text amendment."

Sec. 9.08.090. - Annexation and pre-zoning.

(a)

Procedure.

(1)

Prior to City Council adoption of a Resolution of intention to annex uninhabited territory or a Resolution of consent to commence annexation of inhabited territory proceedings, the City Council shall request a report from the Planning Commission. The Planning Commission shall consider the desirability of annexing the territory and the zoning (prezoning prior to annexation) to be placed thereon in the event of annexation to the City. Upon completion of such consideration, the Planning Commission shall, after holding a public hearing, make its report and recommendation to the City Council (Figure 9.08.5).

(2)

Upon receipt of the Planning Commission report, the City Council may accept in whole or in part or reject, modify or amend any recommendation as to pre-zoning classification and the Resolution of Intention or Resolution of Consent shall specify the proposed pre-zoning classification for the territory as the City

Council determines. The City Council shall include any such pre-zone classification consideration within any notice of hearing concerning the annexation of the property involved, and a hearing on the matter of the proposed pre-zoning classification shall be held in conjunction with any public hearing required by law to be held by the City Council in connection with the annexation proceeding.

(3)

Concurrently with final annexation of the territory, the City Council may, by Ordinance, classify the property for zoning purposes in accordance with its determination made in Subsection (a)(2).

(b)

Temporary classification. In the event the City Council does not determine or adopt a zoning classification for the territory to be annexed as provided in Subsections (a)(2) and (3), the territory shall be classified in the future planned community (FPC) zone until a change is initiated and adopted.

==> picture [482 x 554] intentionally omitted <==

Figure 9.08.5 Process for Annexation and Pre-Zoning

(c)

Pre-zoning prior to annexation procedures.

(1)

Introduction. The City, by Ordinance, may pre-zone certain contiguous areas outside the City which, in the opinion of the City Council, bear relationship to the General Plan and sphere of influence. When pre-zoning maps of properties outside the incorporated area have been adopted by Ordinance, any such territory, upon becoming a part of the City, shall possess the classification indicated on the detailed pre-zoning map. Such pre-zoning maps shall then become a part of the official zoning map of the City, and the subject properties shall thereafter be subject to all the provisions of this Title.

(2)

Decision-making authority. The City Council may amend the official zoning map to pre-zone certain contiguous areas outside the City which, in the opinion of the City Council bear relationship to the General Plan and sphere of influence, prior to annexation by adoption of an amending Ordinance in accordance with the procedures set forth in this Section.

(3)

Initiation of application. Consideration of pre-zoning certain contiguous areas outside the City prior to annexation, may be initiated for a given parcel by the City Council or by the record owner of that parcel or the owner's authorized agent.

Applications for pre-zoning may be filed with the Development Services Director. The Development Services Director shall prescribe the form of application and the supporting information required to initiate both environmental review (pursuant to Section 9.08.220) and the pre-zoning application review. Once an application is received by the Development Services Director, the application will be reviewed for completeness.

If the Development Services Director finds the application to be complete, then the application shall be processed in accordance to the procedure described herein. If the application is found to be incomplete, the Development Services Director will notify the applicant in writing within 30 days what additional information is required, and the application will not be processed until that information is received by the Development Services Director.

Pre-zoning applications shall be considered only if found consistent with the City's General Plan in accordance with Section 9.08.010 and Table 9.03.1 zoning consistency matrix found in Chapter 9.03.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.08.100. - Appeal of decision.

(a)

Introduction and purpose. With the exception of the City Council, all decisions by City commissions, boards, committees, staff, or other City bodies regulated by this Title where authority has been granted to take a final action or decision regulated by this Chapter are subject to appeal. This Section describes the appeals process.

(b)

Who may initiate an appeal. An applicant, any resident of the City, any owner of real property in the City, or a tenant or leaseholder of property which is located adjacent to/or within 300 feet of the property boundaries of the application being appealed, or an individual or entity that may be affected by the decision on the application may file an appeal. The filing of a valid appeal shall stay all further actions/decisions on the matter being appealed.

(c)

Time period for submission of appeal. An appeal shall be filed in writing within 15 calendar days following an action or decision by a City commission, board, committees, staff or other City body other than the City Council. No appeal shall be accepted after the appeal period has expired.

(d)

Required documents. Each appeal shall be submitted in writing to the Development Services Director. Each appeal shall be accompanied by the applicable appeal fee and such other documents and information as the Development Services Director deems necessary to adequately explain and to provide proper notification of the appeal. Each appeal shall set forth specifically and in detail the grounds for the appeal. The Board of Appeals may refuse to consider issues not raised in the written appeal.

(e)

Board of appeals.

(1)

The Planning Commission shall constitute the Board of Appeals for decisions by the Development Services Director. The Planning Commission's decisions on such appeals shall be final.

(2)

The City Council shall constitute the Board of Appeals for decisions by the Planning Commission. Only matters originally heard by the Planning Commission shall be appealable to the City Council. Appeals heard and decided by the Planning Commission are not appealable to the City Council.

(f)

Process. Figure 9.08.6 illustrates the process described below:

(1)

Each petitioner for an appeal shall submit information deemed necessary to complete the review and consideration of the appeal as described in Subsection 9.08.100(d). The Development Services Director shall prescribe the type and form of information required and shall ensure that it is of sufficient detail to allow adequate analysis of each appeal.

(2)

Once an appeal is received by the Development Services Director, the appeal application will be reviewed for completeness.

(3)

If the Development Services Director finds the application to be complete, then the application will be processed no later than 45 days after the Development Services Director has accepted the appeal as complete according to the procedure described in Figure 9.08.6.

If the application is found to be incomplete, the Development Services Director will notify the applicant in writing within 30 days what additional information is required, and the appeal will not be processed until that information is received by the Development Services Director.

==> picture [442 x 579] intentionally omitted <==

Figure 9.08.6 Process for Appeals

(4)

Once the appeal has been accepted as complete, the Development Services Director shall forward to the Board of Appeals all documents and information on file pertinent to the appeal, together with the minutes

or official action of the approving authority, and a report on the basis of the decision and the appropriateness of the appeal.

(5)

The Board of Appeals shall consider the appeal at an appropriate meeting or public hearing as described in Subsection 9.08.100(g).

(6)

The action of the Board of Appeals shall be one or more of the following in compliance with the same procedures and requirements applicable to the approving authority:

a.

Approve or disapprove the application;

b.

Add, modify, or delete conditions;

c.

Approve a modified application; or

d.

Refer the application back to the approving authority with directions for action by the approving authority or for recommendations or reports to the Board of Appeals.

(g)

Public hearing requirements. The appeal of an approving authority's determination that required a public hearing shall also require a public hearing. Notice and schedule requirements for an appeal hearing shall be identical as those for the original hearing.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.08.110. - Conditional use permit.

(a)

Introduction. Chapter 9.03 contains listings of land uses that are permitted within the different zoning districts upon approval of a conditional use permit. Such uses require approval of a conditional use permit for their establishment because, although deemed consistent with the purpose and intent of the zoning district, they typically have characteristics that require special regulation in order to avoid or minimize potential adverse impacts on surrounding properties.

(b)

Listings of conditional uses. Only those uses listed in the zoning district regulations of Chapter 9.03 as conditional uses or those uses added to such listing as described in Section 9.03.050 may be approved within a given zoning district by means of a conditional use permit.

(c)

Decision-making authority. The Planning Commission shall have the authority to approve, deny, or approve with conditions those applications for a conditional use permit as specified in Subsection 9.01.030(e).

(d)

Initiation of application. Applications for conditional use permits may be filed with the Development Services Department by a recorded owner of the property in question or by the owner's authorized agent. The Development Services Director shall prescribe the form of application and the supporting information required to initiate both environmental review (pursuant to Section 9.08.220) and the conditional use permit application review.

(e)

Conditional use permit process. Conditional use permit applications shall be processed in accordance with the procedure depicted in Figure 9.08.7. Once an application is received by the Development Services Director, the application will be reviewed for completeness. If the Development Services Director finds the application to be complete, then the application shall be processed in accordance with the process illustrated in Figure 9.08.7. If the application is found to be incomplete, the Development Services Director will notify the applicant in writing within 30 days what additional information is required, and the application will not be processed until that information is received by the Development Services Department.

(f)

Findings and conditions of approval.

(1)

The following findings must be made prior to approval of a conditional use permit:

a.

That the use proposed conditional use permit will be consistent with the objectives, policies and general land uses and programs specified in the City's General Plan;

b.

That the proposed conditional use permit is consistent with the provisions of this Title;

c.

That the location, size, design and operating characteristics of the proposed conditional use permit will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity; and

d.

That the proposed conditional use permit will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(2)

In order to mitigate the possible adverse impact of a proposed project on surrounding properties and to ensure overall consistency of the use with the Zoning Code and the General Plan, specific conditions may be imposed on any conditional use permit approval.

(g)

Establishment of use. Conditional use permits, when approved, authorize the establishment and operation of a particular land use at a particular location. The project must be established at the approved location within one year of the final approval of the conditional use permit unless extended by the Planning Commission or City Council for up to one additional year. Additional conditions may be imposed on a conditional use permit in conjunction with a time extension. Such establishment shall consist of the satisfaction of all relevant conditional use permit conditions of approval and one of the following three actions:

(1)

The issuance of a building permit for new construction (if said permit expires, approval of conditional use permit shall become null and void);

(2)

The issuance of a certificate of use and occupancy for the establishment of a comparable project in an existing structure; or

(3)

The commencement of operation of the comparable project in cases where no construction or existing structure is involved.

If the preceding requirements are not met within one year of final conditional use permit approval unless otherwise extended by the Planning Commission or City Council, the conditional use permit shall be null and void.

(h)

Consistency of working drawings with approved plans. A conditional use permit approval shall pertain only to those plans reviewed and approved with the conditional use permit. Further, all plans approved with a conditional use permit shall be considered an integral part of the conditional use permit approval. The Development Services Director shall ensure that any final working drawings for grading or construction authorized by a conditional use permit approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Development Services Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being

carried out. If the Development Services Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action.

The Planning Commission may extend the time period for meeting the preceding requirements for establishment of the use up to one additional year. The Planning Commission shall hold a public hearing prior to action on such a time extension.

Additional conditions may be imposed on a conditional use permit in conjunction with a time extension. However, such new conditions may only be imposed following a public hearing to receive testimony on the proposed additional conditions.

(i)

Discontinuance of conditional use. Whenever any use of land, building or premises established under a conditional use permit is discontinued for a cumulative period of 90 days within a one-year period, it shall be unlawful to reestablish such use unless a new conditional use permit is approved in accordance with the provisions of this Section.

(j)

Appeals. Decisions on conditional use permit applications may be appealed to the City Council by the applicant or other interested party in accordance with Section 9.08.100.

(k)

Revocation. A conditional use permit may be revoked or modified (including the imposition of additional conditions) by the approving body upon finding by said authority that the conditions of approval of the conditional use permit have not been met or that the land use is being operated in violation of other provisions of this Title. A public hearing shall be held in accordance with Section 9.08.150 prior to action on revocation or modification. The Development Services Director may schedule such a hearing upon his or her preliminary finding of noncompliance with any of the preceding requirements.

==> picture [482 x 495] intentionally omitted <==

Figure 9.08.7 Process for Conditional Use Permit

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2—4, 11-14-2007)

Sec. 9.08.120. - Density bonus process.

Density bonus applications shall be processed per the following requirements and Figure 9.08.8.

(1)

Application requirements.

a.

At the time a developer of a proposed housing development seeks a density bonus and an additional regulatory concession per Government Code § 65915, the developer must file a density bonus application with the Development Services Department.

b.

The density bonus application shall require the following information in addition to the requirements for a public hearing as contained in Section 9.08.150:

1.

Identification of the kind and number of the targeted units as set forth in Government Code § 65915 under which the proposed housing development qualifies for a density bonus and an additional regulatory concession. The developer shall identify the location of the targeted units.

2.

The location, acreage, and maximum number of base units allowed under the zoning district and General Plan land use designation.

3.

Identification of the additional regulatory concession that is requested by the developer and a list of any alternative regulatory concessions that would provide, in the developer's opinion, incentives of equivalent financial value to the concession requested.

4.

The specific financial information and data relied upon by the developer that establishes the monetary value of the regulatory concessions requested by the developer and a concise statement of how such value was calculated. A clear statement of how the requested additional concession is necessary to make the proposed housing development economically feasible, sufficiently detailed to enable City staff to examine the conclusions reached by the developer.

5.

Such other pertinent information as the Development Services Director may require to enable the City to adequately analyze the economic feasibility of the proposed housing development with respect to the requested additional concession and other concessions that may be made available.

(2)

Density bonus application process.

a.

Applications shall be filed with the Development Services Director.

b.

Once an application is received by the Development Services Director, the application will be reviewed for completeness.

1.

If the Development Services Director finds the application to be complete, then the application shall be processed and determinations made at the same time that the underlying housing development application or applications are processed.

==> picture [392 x 579] intentionally omitted <==

Figure 9.08.8 Process for Density Bonus

2.

If the application is found to be incomplete, the Development Services Director will notify the applicant in writing within 30 days what additional information is required, and the application will not be processed until that information is received by the Director.

c.

All density bonus applications shall be considered by the Planning Commission at a noticed public hearing. The Planning Commission shall, by Resolution, recommend to the City Council that the application be approved, conditionally approved, approved with changes to the regulatory concessions/incentives, or denied.

d.

All density bonus applications shall be considered by the City Council at a noticed public hearing. The City Council shall, by resolution, determine all matters with respect to the granting of a density bonus, an additional regulatory concession, or direct financial incentive. The Council shall approve, conditionally approve, approve with changes to the regulatory concessions/incentives, or deny the application.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections A. and B. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (1) and (2).

Sec. 9.08.130. - Development agreement.

(a)

Introduction. Development agreements are authorized pursuant to Government Code §§ 65864 et seq. as a means of providing both the City and property owners with assurances that development projects can be completed under the terms, conditions, and regulations in effect at the time that authority to proceed with a project is granted.

(b)

Authority to apply. Pursuant to Government Code § 65865, the City may enter into a development agreement with a property owner or any person having a legal or equitable interest in real property for the development of such property. Applications shall be filed with the Development Services Director and all required application fees shall be paid.

(c)

Agreement contents.

(1)

All draft and final development agreements shall contain at a minimum the following information:

a.

The duration of the agreement.

b.

The permitted uses of the property.

c.

The density or intensity of permitted uses.

d.

The maximum height and size of proposed buildings.

e.

Provisions for reservation or dedication of lands for public purpose.

f.

Any other information determined by the City to be necessary.

(2)

The development agreement may also contain the following information:

a.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided such conditions, terms, provisions, and requirements do not prevent development of land for the purposes and level of use set forth in the agreement.

b.

Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame.

(d)

Proceedings.

(1)

Upon receiving a development agreement application, the Development Services Director shall make a determination as to whether the application is complete. If deemed incomplete, the application shall be returned to the applicant for further information. If deemed complete, the Development Services Director

shall review the application and determine the additional requirements necessary to complete the agreement.

(2)

The Development Services Director shall prepare a report outlining facts and recommendations relative to the application. The report shall be provided to the Planning Commission and City Council and the applicant prior to any scheduled public hearing on the application.

(3)

A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Section 9.08.150.

(4)

At the public hearing, the Planning Commission shall review the application and proposal and may receive evidence as to how or why the proposed development agreement is consistent with the overall objectives of the General Plan and development policies of the City. The Planning Commission shall adopt a Resolution making a recommendation to the City Council.

(5)

A public hearing before the City Council shall be noticed and conducted pursuant to the provisions of Section 9.08.150.

(6)

At the public hearing, the City Council shall review the application and proposal and may receive evidence as to how or why the proposed development agreement is consistent with the overall objectives the General Plan and development policies of the City.

(7)

Within 21 days following the close of the public hearing, the City Council shall act to approve, approve in modified form, or deny the application.

(e)

Findings and decision.

(1)

Findings required. When acting to approve a development agreement application, or approved in modified form, the City Council shall be required to make the following findings:

a.

That the agreement is consistent with the goals, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;

b.

That the agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

c.

That the agreement is in conformity with public convenience, general welfare, and good land use practice; and

d.

That the agreement will not be detrimental to the public health, safety, and general welfare.

(2)

Adoption by Ordinance. If the City Council approves the development agreement, it shall do so by the adoption of an Ordinance. After the Ordinance approving the development agreement takes effect, the City may enter into the agreement.

(f)

Amendment or cancellation.

(1)

Initiation of amendment or cancellation. Either the City or other parties to a development agreement may propose an amendment to or cancellation in whole or in part of an agreement approved.

(2)

Procedure. The procedure for proposing and adopting an amendment to or canceling in whole or in part a development agreement is the same as the procedure for entering into an agreement as set forth in Subsections (d) and (e). However, when the City initiates the proposed change, at least 30 days prior to the hearing to consider the amendment or cancellation, the City shall give notice to the parties to the agreement of the City's intention to initiate such proceedings.

(3)

Recordation required. Within ten days after the City enters into a development agreement, the City Clerk shall have the agreement recorded with the County Recorder. If the parties to the agreement, or their successors in interest, amend or cancel the agreement by mutual consent as provided in Government Code § 65868, or if the City terminates or modifies the agreement as provided in Government Code § 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

(g)

Periodic review.

(1)

Time for and initiation of review. The City shall review the development agreement at least once every 12 months from the date of approval.

(2)

Notice of periodic review. The Development Services Director shall begin the review proceedings by giving notice to the property owner that the City intends to undertake a periodic review of the development agreement. The Director shall give the notice at least ten days in advance of the time at which the matter will be considered by the City.

(3)

Delegation to Development Services Director. The periodic review provided for in this Subsection shall be conducted by the Development Services Director unless the Development Services Director chooses to pass the matter to the Planning Commission. If the Planning Commission decides upon the matter, a public hearing pursuant to the provisions of Section 9.08.150 shall be held.

(4)

Burden on property owner. During the annual review of the development agreement, whether administratively through the Development Services Director or through a public hearing before the Planning Commission, the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be upon the property owner.

(5)

Findings. The City shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

(6)

Procedures upon findings.

a.

If the City finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period shall be concluded.

b.

If the City finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City may modify or terminate the agreement.

c.

In the course of a public hearing to consider a modification or termination, the City Council may refer the matter back to the Development Services Director or Planning Commission for further proceedings or require a report and recommendation from the Development Services Director or Planning Commission. The City Council may impose conditions to its action as it sees necessary to protect the interests of the City.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.08.140. - Landscape plan review.

(a)

Purpose. This Section establishes a process to encourage high quality landscape design and improvements in the City pursuant to Section 9.05.070.

(b)

Modification from minimum landscape standards. The Planning Commission may authorize modification to any of the design and improvement standards in this Section pursuant to Section 9.08.050. Such modifications may be granted if the Planning Commission finds that the proposed design or improvement is in substantial compliance with the purpose and intent of this Section.

(c)

Applicability.

(1)

The minimum standards of this Section shall apply to all new construction, expansion, renovation, conversion, and alteration of existing uses or structures in all zoning districts and land uses.

(2)

Landscaping requirements shall be provided at the time of commencement of the use of the land or construction of the building, or at the time of renovation, conversion, alteration, or expansion by adding floor area, dwelling units, or rooms to a structure.

(d)

Landscape plan process. Detailed landscape and irrigation plans shall be required for all development subject to the provisions of Section 9.05.070. Such plans shall be submitted to and approved by the Development Services Director and City Engineer prior to the issuance of building permits. The submittal, review, revision, and approval of all required landscape and irrigation plans shall be in compliance with the following provisions:

(1)

All required landscape and irrigation plans shall be prepared by a registered landscape architect.

(2)

Detailed landscape and irrigation plans shall be submitted for review, and approved, by the Development Services Director and City Engineer prior to the issuance of grading permits or building permits, whichever occurs first.

(3)

Detailed landscape and irrigation plans shall be in substantial compliance with the approved conceptual landscape and irrigation plans.

(4)

Any modification to an approved detailed landscape or irrigation plan must first be approved by the Development Services Director and City Engineer prior to the installation of the subject landscaping or irrigation.

(5)

The City Engineer shall be notified at least two workdays prior to commencing the proposed use. Failure to obtain inspection prior to commencing use shall void the permit.

(e)

Consistency of working drawings with approved plans. A landscape plan approval shall pertain only to those plans reviewed and approved with the landscape plan. Further, all plans approved with a landscape plan shall be considered an integral part of the landscape plan approval. The Development Services Director shall ensure that any final working drawings for grading or construction authorized by a landscape plan approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Development Services Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being carried out. If the Development Services Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.08.150. - Public hearing procedures.

(a)

Introduction. Whenever a public hearing is required by provisions of this Title, at least one of the following procedures set forth in Subsections (b), (c), and (d) shall be followed, unless another code, Ordinance, or regulation requires additional public notification requirements.

(b)

Posting of notice. Notice of the time and place of the public hearing, a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be given at least ten calendar days before the hearing by posting at three public places in the City. Said public places shall be as designated by City Council Resolution.

(c)

Mailing. Notice containing the information specified in Subsection (b) shall also be given by mail or delivered to the applicant and to any other person who has filed a written request with the City for such notice.

In addition, in cases where the public hearing concerns a specific parcel or parcels of land, such notice shall be mailed or delivered to the owner(s) of the parcel(s) in question (if different from the applicant) and to all other owners of real property, as shown on the last equalized assessment roll, within 300 feet of the boundaries, whether public or private.

(d)

Publication. Notice of the time and place of the public hearing, a general explanation of the matter to be considered, and a general description of the area affected and the place where further information on the application may be obtained shall be published in a local newspaper of general circulation at least ten calendar days before the hearing.

(e)

Alternative publication. Pursuant to Government Code § 65091, in the event that the number of property owners to whom notice would be mailed pursuant to Subsection (c) is greater than 1,000, the City may instead provide notice at least ten calendar days before the public hearing by placing a display advertisement of at least one-eighth page in a local newspaper.

(f)

Additional notification. In addition to the preceding methods, the City may give notice of a public hearing by such other methods as it may deem necessary, such as the posting of notices on or near property affected by the subject application or expanding the area of notification beyond 300 feet from the project boundaries to include those areas that may be affected by a development application.

(g)

Conduct of public hearing. Prior to action on the application, the decision-making body shall hold the public hearing and take testimony in accordance with procedures adopted by said body. The decisionmaking authority may continue a public hearing to a subsequent meeting provided action on the application is taken within the time periods specified in this Title. If a duly-noticed public hearing is continued from one public meeting to a specific subsequent public meeting, no additional public notice shall be required.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)