Article I — IN GENERAL

This chapter shall be known as the "zoning ordinance of the city" and is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the chapter is adopted to achieve the following objectives:

(1)

To provide a specific plan so as to achieve, progressively, the general arrangement of land uses depicted in the general plan.

(2)

To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with objectives and policies of the general plan.

(3)

To prevent excessive population densities and overcrowding of land with structures.

(4)

To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities.

(5)

To protect and promote appropriately located commercial and industrial activities, in order to preserve and strengthen the city's economic base, protect and enhance real property values and the city's natural assets.

(6)

To ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the general plan.

(Code 1980, § 20-1.1; Ord. No. 84-08, A 1, § 101)

Sec. 106-2. - Definitions.

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

Abut or abutting means contiguous or the same as adjoining.

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

Accessory building means a building or structure which is subordinate to and the use of which is incidental to and detached from the main building, structure or use. An accessory building may be located on an adjacent lot.

Accessory dwelling unit means an attached or a 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 or multifamily dwelling is or will be situated. It shall include the following:

(1)

An efficiency unit, as defined in Health and Safety Code § 17958.1; and

(2)

A manufactured home, as defined in Health and Safety Code § 18007.

Accessory use means a use incidental and subordinate to the principal use established on the same lot.

Air space condominium means a freehold estate in which the space bounded by and contained within the interior surfaces of the perimeter walls, floors, ceilings, windows and doors of each separate unit, each of such space being defined as a "unit." Each unit includes both the portions of the building to be otherwise described and the airspace so encompassed, but the following are not part of a unit: bearing walls, columns, floors, roofs, foundations, reservoirs, tanks, pumps, and other central services, pipes, ducts,

flues, conduits, wires and other utility installations wherever located, except the outlets thereof when located in the unit. The ownership also includes an undivided interest in common area. The common area includes all the area of an approved plan except the unit. (See Condominium.)

Airport means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.

Alley means a passage or way open to public travel which generally affords a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.

Animal hospital means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-term boarding and shall be an accessory use to such hospital use.

Animal shelter oranimal care facility means a place where animals are boarded or held.

Apartment means a room or suite of two or more rooms with a single kitchen in a multiple-unit dwelling, occupied or suitable for occupancy as a residence for one family.

Approval authority means city staff or planning commission or city council.

Automobile dismantling orautomobile wrecking means the dismantling or wrecking of vehicles, including parts or components thereof, and the storage of dismantled or wrecked inoperative vehicles (including motor vehicles' wrecking yards).

Automobile, inoperative, means any vehicle which is unable to be moved under its own power, except a trailer, or has parts removed or damaged which would render it unmovable under its own power.

Automobile motor home, trailer orcamp trailer means any vehicle or structure used for living or sleeping purposes and equipped with wheels or other means to facilitate movement from place to place, and under 40 feet in length.

Automobile service station means an establishment providing gasoline, oil, and other additives, and performing minor repairs and other customary repairs for automobiles and light vehicles, but excluding painting, body work, steam cleaning and major repairs.

Basement means that portion of the building between the floor and ceiling which was more than 50 percent below the natural or finished grade of the exterior ground surface.

Block means the properties abutting one side of a street and lying between intersections or between an intersection and the end of a street.

Boardinghouse, bed and breakfast orlodginghouse means other than a hotel, motel, or dormitory where, for compensation for days, weeks or greater term, table and board is provided. Meals may be furnished to the lodgers and to no other persons.

Borrow pit means the same as quarry.

Breezeway means a roofed passageway, designed and used only to connect two or more otherwise separate buildings and permanently open along at least one of its sides.

Building means any structure having a roof supported by columns or by walls and intended for a shelter, housing or enclosure for persons, animals or property of any kind.

Building, accessory, means a detached building housing a permitted accessory use, located on the same parcel as the main building, provided that, if the same is attached to a main building by a common wall or roof, it shall be deemed to be a part of such main building.

Building facade means that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves.

Building or structure height means the vertical distance from the average finished grade of the lot to the highest point of the building or structure.

Building line means a line which establishes setback from front, rear, and side property lines over which no portion of a building or structure shall encroach except the roof line, which roof line shall in no case extend over the property line.

Building, main, means a building within which is conducted the principal or main use on a parcel; where permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on the parcel, as defined in this chapter, shall be construed as constituting a main or principal building.

Building site means:

(1)

The ground area of one parcel; or

(2)

The ground area of two or more parcels when used in combination with a building or group of buildings together with all open spaces as required by this chapter.

Business, retail, means any establishment wherein the retail sale of any article, substances, or commodity takes place.

Business, wholesale, means any establishment wherein the wholesaling of any article, substance or commodity takes place.

Camp, public, means land or premises used or intended to be used, let or rented for camping purposes.

Camper means a structure designed to be mounted upon or towed by a motor vehicle to provide facilities for temporary habitation or camping purposes. In no event shall a camper be used for human habitation outside of a recreational facility designed for such use.

Carport means a permanent roofed structure not completely closed by walls or doors and used for shelter or storage of vehicles owned or operated by occupants of the main building.

Carwash means any commercial automatic car wash, coin-operated, or two or more hand washing stalls having no fuel sales.

Cellar. See Basement.

Cemetery, human, means land used or intended to be used for human cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

Cemetery, pet, means land used or intended to be used for pet cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

Certificate of acceptance means a written statement indicating that the construction of a project conforms to the site plan approved. It may be unified in the certificate of occupancy.

Change in use (or intensity of use) means a discontinuance of an existing use and substitution thereof of a use of a different kind or class.

Child care center means a facility with an organized daytime program for the supervision and care of children, who are not related to the person operating such facility, licensed as such by the state.

Church means any building set apart for the purpose of worship.

Clinic or medical center means a place for group medical services not including overnight housing of patients.

Club or lodge means a nonprofit membership institution established for social, cultural, civic or similar purposes.

College means a school for vocational, technical or professional instruction.

Communication equipment building means a building housing operating electrical and mechanical equipment utilized in conducting a public utility communication operation.

Commercial office means a room or building where a particular kind of commercial business or services for others is transacted, including real estate, insurance, telegraph, utility, travel bureau, etc.

Commercial recreation means any place of amusement erected or maintained for amusement or entertainment purposes where the public or members are invited or allowed to attend or assemble, except city, county or state parks and recreation facilities. Although not intended to be specifically limited thereby, examples of commercial recreation are carnivals, side shows and circuses, wherein feats of horsemanship, trained animals, clowns, acrobats or trapeze performers or amusement devices, games or other forms of skill or amusement are exhibited, bowling alleys, golf courses or private tennis centers, billiards and pool halls, theaters, private stadiums and recreation areas. Commercial recreation does not include card rooms.

Community clubhouse means a building containing facilities for private or public neighborhood civic and social activities, when operated for and used by property owners in the vicinity, excluding any place where

membership or use is on any other basis than residence in the neighborhood, or where the chief activity is one customarily carried on as a business.

Condominium means an estate of real property consisting of an undivided interest in common in a portion of a parcel of real property together with the separate interest in space in a residential, industrial or commercial building or such real property, such as a residential apartment, apartment house, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. (See Air space condominium.)

Conforming building means a building which wholly meets the requirements of the building code and zoning ordinance as they pertain to residential, commercial or industrial developments.

Convalescent home and rest home mean premises used for the housing of and caring for, the ambulatory, aged or infirm, and which premises require a license from the state or the county. The convalescent home usually does not have a physician residing on the premises and usually does not provide for surgery or other similar activities which are customarily provided in sanitariums or hospitals.

Court means an open space on a lot other than a yard or carport designed to be partially surrounded by dwellings.

Coverage means that percentage of a lot or building site which is covered or occupied by any building or aboveground structure regardless of whether such building or structure is intended for human occupancy, the remainder being open space.

Day care nursery or center means any premises for the providing of care for pre-elementary school age children during daytime hours, including parent cooperative nursery school, play groups for pre-school children, afterschool care for school children, providing such establishment is institutional in character and is licensed by the state or county and conducted in accordance with state requirements.

Dedication means the setting aside of land for some public use by an owner or developer and its acceptance by the city or affected agency.

Density means the number of units allowed to be built upon an acre of land or individual site.

District means land area as shown or described on the land use district maps which are an integral part of this title, and to which the regulations of this title apply. The term "district" shall have the same meaning as zone or zoning district.

Dormitory means a building used partially for sleeping and eating accommodation and where such facilities are related to educational or public institutions including religious institutions, fraternities or sororities.

Drive-in or drive-through restaurant means a restaurant which provides service directly to the motorist either for consumption upon the site or elsewhere, including establishments whose customers may serve themselves.

Dump means a place used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration or by any other means, of any garbage, trash, refuse, waste material (other than hazardous materials as defined by the state).

Dwelling unit means one or more rooms, with facilities for living, sleeping, cooking and eating, designed for occupancy by one-family and shall include bachelor or efficiency units.

Dwelling, multiple, means a building, or portion thereof, designed for occupancy by two or more families living independently of each other with each dwelling unit provided with kitchen facilities.

Educational institutions means public and private institutions conducting regular academic instruction at primary, secondary or collegiate levels; and including graduate schools, universities, nonprofit research institutions. Such institutions must either:

(1)

Offer general academic instruction equivalent to the standards prescribed by the state board of education;

(2)

Confer degrees as a college or university of undergraduate or graduate standings;

(3)

Conduct research or religious instruction; or

(4)

Give religious instruction.

The term "educational institutions" does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

Electrical transmission substation means an assembly of equipment which is part of a system for the transmission of electric power.

Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Employee housing means housing as described, defined, and regulated by the Employee Housing Act, Health and Safety Code § 17000 et seq. Employee housing for up to six persons per dwelling is permitted in the R-1 (single-family residential) zone, and in the RM (multiple family residential) zones, subject to density standards of the particular zone. In the UR (urban reserve) zone, employee housing is permitted for up to 12 units or 36 beds.

Employee housing, temporary, means a temporary use of land for employee housing in service to the city or Naval Air Weapons Station China Lake.

Establishment means a business or professional firm, organization, or entity that is the sole occupant of all or a portion of the space on a site or in a building.

Family means one person living alone, or a group of two or more persons living together, whether or not related to each other by birth.

Fence means a physical barrier which includes, separately or in combination, wire mesh, steel mesh, chain link, louvered wood, stake, concrete material, and other similar materials. The term "fence" does not include plastic materials.

Festival, fair, orcarnival means a temporary public or commercial gathering where entertainment, food, crafts, etc., are offered for viewing or sale. Gatherings on public property under the sponsorship or control of the city or state are excluded.

Floor area or gross floor area means the entire floor area of a building. Said floor area includes not only the ground floor area but also any additional stories or basement of said building. All horizontal dimensions shall be taken from the exterior faces of walls, including enclosed porches.

Frontage means the property line of a site abutting on a street, other than one side line of a corner lot.

Garage means a fully enclosed accessory building or a portion of the principal building for the storage of passenger vehicles, boats or trailers owned by the persons, residents of the premises.

Garage, repair, means a structure, or portion thereof, for the minor or major commercial repair of automobiles and other vehicles as defined herein.

Garage, storage, means any structure used primarily for the storage of vehicles. This use is usually commercial in nature.

General plan means the projected growth plan for the city which includes a statement of development policies and includes a diagram and text setting forth objectives, principles and plan proposals, includes the various elements adopted by the city council.

Guest house (accessory living quarters) means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit.

Guest room means a room which is designed to be occupied by one or more guests for sleeping purposes and not rented or otherwise used as a separate dwelling unit.

Helipad means any helicopter landing areas in the heliport except the appurtenant facilities.

Heliport means any helicopter land area used, designed, or intended to be used for the receiving or discharge of passengers or cargo; also included are any appurtenant facilities for passengers, cargo or for the service or repair, shelter or storage of helicopters.

Hedge means a plant or series of plants, shrubs or other landscaping materials, so arranged as to form a physical barrier or enclosure.

Home occupation means any use or occupation conducted or carried on by the occupant of a dwelling, which is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof.

Hospital means an institution providing physical or mental health service, inpatient or overnight accommodations and medical and surgical care of the sick or injured.

Hotel means a building, or portion of a building, with access provided through a common entrance, lobby or hallway to six or more guest rooms, usually designed to be rented or hired out as temporary or overnight accommodations for guests, but, in some cases, contain permanent residents.

Junior accessory dwelling unit means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Junkyard means any parcel, or use of any portion of any parcel, for the dismantling or wrecking of machinery, or for the storage or keeping of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk including scrap metal or other scrap materials, including any area of more than 200 square feet for the storage or keeping of junk, including scrap metals, used lumber, paper or other scrap materials, dismantling or selling of castoff or salvage materials of any sort.

Kennel means any lot or premises on which four or more dogs and/or cats, four months of age or older, are kept, boarded or trained with or without special buildings or runways.

Kitchen means any room or part of a room which is designed and/or used for cooking and the preparation of food.

Landscaped area means land set aside exclusively for shrubs, flowers, trees, and/or other landscaping material so as to enhance the natural beauty of any given area where landscaping is required.

Landscaping means the planting and/or placement and maintenance of a combination of suitable ornamental material and/or vegetation within the landscaped area. The design may include a combination of natural features such as rocks, stones, wood fences, walls, benches, and live plant material.

Laundromat, self-service laundry means any establishment for laundering which uses automatic washers and dryers or extractors where there is not pickup and delivery service and no steam or hand laundry of any type. Generally the machines are coin-operated.

Live/work use means a dwelling unit with a separate living space attached to a work space within the same structure. The work space and the living space must be occupied by the same tenant.

Loading space means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading. It shall have appropriate means of ingress and egress to a public street or alley.

Lot, site orparcel means:

(1)

Land occupied or to be occupied by a use, building or group of buildings, and accessory buildings together with such yards, open spaces, lot width, depth and area as are required by this title, and fronting upon a dedicated street;

(2)

A single parcel of land for which a legal description is filed or recorded or the boundaries of which are shown on a subdivision map or parcel map filed in accordance with the city's subdivision ordinance (chapter 105) and the State Subdivision Map Act;

(3)

Two or more abutting lots or parcels which when combined and used as though a single lot or parcel.

Lot or site area means the total of the lot area, measured in a horizontal plane, within the lot lines of a lot including easements but exclusive of streets, highways, roads and alleys.

Lot, corner, means a lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.

Lot depth means the minimum horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, double frontage orthrough, means any interior lot having frontage on two parallel or approximately parallel streets. For the purpose of determining front yard requirements, each frontage from which access is permitted shall be deemed a front lot line.

Lot, flag, means a lot or parcel of land where the major portion of the lot area is removed from the street with access provided by a narrow portion of the lot which, when measured along the lot width on the street, is considerably less than the lot width requirements of the zoning district.

Lot, width, means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Lot line, front, shall mean:

(1)

In the case of an interior lot, a line separating the lot from the street.

(2)

In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or cone shaped lot, the rear lot line means a line not less than ten feet in length within the lot which is most parallel to the front lot line, at the maximum distance from the front lot line.

Lot line, side, means any lot line not a front lot line or a rear lot line.

Manager/caretaker residence unit means a dwelling unit for a person who is employed (compensation may be in the form of free housing), including an owner or manager to watch over and perform routine maintenance of a ranch, home, or business. The term "manager/caretaker residence unit" means one accessory structure or attached unit, used to accommodate persons who take charge of or care for the

principal use of the lot upon which the dwelling is constructed. Said dwelling may contain one kitchen or cooking facility, living and sleeping quarters, and shall be limited in floor area to a maximum of 20 percent of the total floor area of the existing primary use not to exceed a total of 1,200 square feet of living area. A garage for residential purposes not exceeding 360 square feet may be attached to the structure.

Manufacturing means the making of goods and products by hand or machinery.

Marquee sign means a sign attached to a marquee.

Metal buildings means any building larger than 200 square feet in area if the exterior of the structure is comprised of 50 percent or more metallic building materials visible from the ground that have not been modified or augmented to emulate alternate building materials (stucco, wood siding, brick, etc.).

Mobilehome means a vehicle, other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used with or without a permanent foundation and which is in excess of 12 feet in width and not less than 480 square feet.

Mobilehome access drive means a private thoroughfare which affords internal circulation for a mobilehome park.

Mobilehome park means any lot or parcel of land designed for, used or intended to be used for the placement of mobilehomes or modular homes for residential occupancy regardless of whether or not a charge is made for such accommodation, including recreation and accessory facilities serving the residents thereof.

Mobilehome space means a plot of ground within a mobilehome park, abutting one or more access drives, designed for the accommodation of one mobilehome.

Motel means one or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court or hallway. Such facilities are designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests. The term "motel" includes auto court, motor lodge, tourist court and motor hotel.

Nonconforming use or structure means a use, building or structure that does not conform to all the regulations of the zone in which it is located but which was legally established, built or altered in compliance with the ordinances and codes in effect at the time said use, building or structure was established.

Nursing and convalescent home means a facility providing bed care, or chronic or convalescent care, for persons who, by reason of illness, physical infirmity, or age, are unable to properly care for themselves. A facility shall be deemed to be a nursing or convalescent home for the purpose of this chapter, notwithstanding the designation applied to the facility by its proprietors, or any federal, state or local regulatory agency, such as hospital or rest home, so long as the facility provides care as herein described, and does not qualify as a hospital, as defined in this section.

Off-street parking area means an open area other than alley or loading facility used for the temporary parking of motor vehicles and available for public use whether free, for compensation, or as an

accommodation for tenants, clients or customers.

Outdoor advertising structure means any structure of any kind or character erected or maintained for outdoor advertising purposes upon which any advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced. (See also Billboard.)

Outdoor sales means the sale of items outside a building, where such items are visible from a public rightof-way or neighboring property.

Overlay zone means a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the underlying zone.

Parapet means a wall at the edge of the portion of the roof, of sufficient height behind which roof-top equipment, where provided, would be screened from public view of those at ground level and measured from a reasonable distance from the building walls.

Parking area, private, means an open area, other than a street, alley or access drive, used for parking of vehicles and restricted from general public use. Such areas shall have frontage on or access to a dedicated street or alley.

Parking area, public, means an open area, other than a private parking area, street, alley or access drive, used for the parking of vehicles and available for public use either free or for remuneration. Such areas shall have frontage or access to a dedicated public street or alley.

Parking district means a parking area maintained by a special district or city government.

Parking garage means a structure or building designed and maintained exclusively for the temporary parking or storage of motor vehicles and available for public use whether free, for compensation, or as an accommodation for tenants, clients or customers.

Parking space means an accessible space within a building, parking area or parking garage for the temporary parking or storage of one motor vehicle exclusive of streets, alleys, driveways, aisles and the area of egress or ingress and having public access to a public street or alley.

Pre-existing use means a use that may or may not be a nonconforming use.

Primary or principal use means the primary or predominant use of any lot, building or structure.

Processing means when used in reference to a commercial or industrial use, one or more acts or operations which have the effect of changing the form of a product or material, so as to render the same more saleable or usable.

Professional office means an office maintained and used as a place of business, conducted by persons engaged in the recognized professions, including, but not limited to, accountants, architects, attorneys, chiropractors, optometrists, physicians and surgeons, writers, musicians and artists.

Public utility service yard means an area for the storage of public utility vehicles and materials and office facilities for installation, maintenance and construction personnel.

Quarry or borrow pit means any place on a parcel of land where topsoil, subsoil, sand, gravel, rock, clay or similar material is removed by excavation.

Quasi-public means a building or use, other than a public building or use, which serves a recognized community function and is not operated for profit.

Recreation, commercial, means recreation facilities operated as a business and open to the general public for a fee. Public recreation facilities that charge a fee are not included.

Recreation, public, means publicly owned or operated recreation facilities that may or may not charge a fee.

Recreation vehicle means a trailer or self-propelled vehicle other than a mobilehome, as defined herein, intended for travel on a public highway and designed or arranged as a dwelling but not used for permanent habitation.

Residence means a building used, designed, or intended to be used as a home or dwelling place for one or more families.

Residential care home means a state authorized, certified or licensed family care home or foster home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a 24-hour basis.

Restaurant means a public eating place which is regularly and in a regular manner used and kept open for the serving of meals to guests for compensation.

Roadside stand or roadside business means the temporary use of the property for the display or sale of products, including sidewalk sales, parking lot sales, fireworks stands, Christmas tree sale lots or other sales or exhibits excluding those of a nonprofit nature.

Room means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.

Sanitarium means the same as the term "hospital."

Screening means a continuous fence, supplemented with landscaping or a continuous wall, evergreen hedge, or combination thereof, that effectively screens the property which it encloses, and is at least six feet high and is broken only for access drives and walks.

Service station means a place maintained for the sale of gasoline, lubricant and/or vehicular equipment, and providing maintenance service, but excluding vehicle sales and repair, engine overhauling, body and fender shops, paint shops, garages, storage of vehicles, sales of goods not related to the use of the automobile, or other similar activities.

Setback line means a line over which no portion of a building or structure including covered porches shall encroach, except the roof lines, which in no case shall extend over the property line or into a public utility easement.

Sign means any name, identification, description, symbol, display, illustration, or device, including any structure, component parts and paint, in view of the general public and which directs attention to a product, place, activity, person, institution or business.

Single room occupancy unit (SRO) means a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

Site plan means a detailed plan of development or improvement which must be reviewed and approved by the city prior to the issuance of a building permit. The site plan shall show the manner in which the applicant proposes to make use of the property.

Stable, private, means an accessory building for the keeping of horses, mules, or burros, not kept for remuneration, hire or sale.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

Street means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property. The term "street" includes all major and secondary highways, traffic collector streets and local streets. A street may also be privately owned.

Street line means the boundary line between the street right-of-way and the abutting property.

Structural alteration means any changes in the supporting members of a building or structure such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters or changes in the exterior dimensions of the building.

Structure means anything constructed or erected on the ground, or which requires location on the ground, or is attached to something having a location on or in the ground, but not including fences or walls used as fences seven feet or less in height. The term "structure" does not include uncovered swimming pools or concrete slabs.

Structure, temporary, means a structure which is readily movable and used, or intended to be used, for a limited period.

Supportive housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite 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.

Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

Target population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code division 4.5, commencing with section 4500) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Trailer park or camp means any area or premises where space for house trailers is rented, held for rent or on which free occupancy or camping is permitted to house trailer owners or users, but not including automobile or trailer sales lots, on which unoccupied house trailers are parked for inspection and sale.

Transition zone means any area of mixed usage which is within a sphere of influence of commercial establishments.

Transitional housing means 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 a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Use means the purpose for which land or a building or structure is designed, arranged or intended, or for which either land or a building is, or may be occupied, maintained, let or leased.

Use, permitted, means a standard use that is established for a zoning district and listed as a permitted land use. It is also the accepted purpose or use for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged, or for which either a site or structure is or may be occupied and maintained.

Use, conditional, means a deviation from the general standard established for a district, but essentially desirable in character to be compatible in some instances when located with permitted uses.

Wall means any structure or device forming a physical barrier, which is constructed so that it is opaque. The term "wall" includes concrete block walls, wood, or other materials that are solid and are so assembled as to form a barrier.

Yard means an open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this chapter, including a front yard, side yard, rear yard, or space between structures.

Yard, front, means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front lot line or planned street line in a line parallel or tangent thereto on the site.

Yard, rear, means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the site.

Yard, side, means a space extending from the front yard, or from the front line where no front yard is required by this chapter, to the rear yard, or rear lot line where no rear yard is required by this chapter between a side lot line and the side yard setback line.

Zero lot line means the provisions of this Code in which dwelling units may be placed on the side yard property lines in R-1, R-2, R-3 and R-4 residential districts, with a common wall between adjacent units or a single wall placed on the property line, provided there is a permanent easement on the adjacent parcel for maintenance of the zero lot line wall.

(Code 1980, § 20-1.2; Ord. No. 84-08, A 1, § 102; Ord. No. 89-16, § 3; Ord. No. 91-12, § 3; Ord. No. 92-10, § 4; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 13-03, § 4; Ord. No. 15-03, § 3; Ord. No. 20-03, § 2, 7-1-2020; Ord. No. 21-07, §§ 2, 3, 8-4-2021; Ord. No. 21-01, § 2, 2-3-2021; Ord. No. 24-05, § 2, 5-12024)

This chapter and the various parts, sections, subsections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be affected thereby. Whenever any condition or limitation is included in an order authorizing a planned unit development or any conditional use permit, variance, zoning compliance permit, certificate of occupancy, site plan approval or designation of a nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter and the requirements of some provision hereof, and to protect the public health, safety and welfare, and that the officer or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

(Code 1980, § 20-1.3; Ord. No. 84-08, A 1, § 103)

Whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule or regulation, the regulation, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.

(Code 1980, § 20-1.4; Ord. No. 84-08, A 1, § 104)

Sec. 106-5. - Administrative standards.

Any administrative decision made under the provisions of this chapter shall be such that the result will not be contrary to the spirit and purpose of this chapter or injurious to the surrounding neighborhood or the community as a whole.

(Code 1980, § 20-1.5; Ord. No. 84-08, A 1, § 105)

Sec. 106-6. - Application of this chapter.

No structure shall be constructed, erected, placed or maintained and no land uses commenced or continued within the city except as specifically or by necessary implication is authorized by this chapter.

Conditional uses are allowed only on permit granted by the city. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

(Code 1980, § 20-1.6; Ord. No. 84-08, A 1, § 106)

(a)

Except as otherwise provided herein, land, building and premises in any district shall hereafter be used only in accordance with regulations herein established for that district. Every department and employee of the city authorized to issue permits or licenses affecting the use or occupancy of land or of a structure shall comply with the provisions of this chapter. Where any action or referral on an appeal as required by this chapter, no such permit or license shall be issued unless and until such an action has been taken and the time within which an appeal could have been taken has expired.

(b)

If any proposed structure, use or occupancy for which a permit or license is sought conforms with this chapter in all aspects, the application therefor may be approved as to zoning; otherwise it shall be denied.

(c)

Any permit or license hereafter issued contrary to the provisions of this chapter shall be void and of no effect.

(Code 1980, § 20-1.7; Ord. No. 84-08, A 1, § 107)

Sec. 106-8. - Interpretation.

The provisions of this chapter shall be held to be minimum requirements. Except as specifically herein provided, it is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing law or ordinance of the city, or any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height or bulk of buildings, or requires larger building site area, yards or open spaces than are imposed or required by any such other law, ordinance, easement, covenant or agreement, then the provisions of this chapter shall control.

(Code 1980, § 20-1.8; Ord. No. 84-08, A 1, § 108)

The provisions of this chapter, to the extent that they are substantially the same as those in prior effect relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. No substantial property right accrued, or action or proceeding commenced prior to the effective date of the ordinance from which this chapter is derived is affected by the provisions hereof, but all procedures hereafter taken shall conform to the provisions of this chapter.

(Code 1980, § 20-1.9; Ord. No. 84-08, A 1, § 109)

(a)

No building, or structure, or lot hereafter shall be used or occupied, and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the zone in which it is located and then only after securing all permits and licenses required by law and ordinance.

(b)

No building or structure hereafter shall be erected or altered to exceed the height, to accommodate or house a greater number of families or persons, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards, or side yards than is specified herein for the zone in which such building or structure is located, except as provided.

(Code 1980, § 20-3.1; Ord. No. 84-08, A 3, § 301)

Sec. 106-11. - Buildings under construction.

Any building or structure for which a building permit or other entitlement has been issued or granted prior to the effective date of the ordinance from which this chapter is derived may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within 120 days after the issuance of said permits and diligently pursued towards completion.

(Code 1980, § 20-3.2; Ord. No. 84-08, A 3, § 302)

The existing uses of all buildings improved on premises not in conformity with the standards or requirements of the zone in which they are located, and which uses are lawfully existing may continue as nonconforming uses as hereinafter defined and subject to this section regulating such nonconforming uses.

(Code 1980, § 20-3.3; Ord. No. 84-08, A 3, § 303)

Sec. 106-13. - Uses prohibited.

Uses that are not specifically listed by this chapter in the purpose or uses permitted or uses conditionally permitted sections of each article are specifically prohibited, except by the amendment of this chapter.

(Code 1980, § 20-3.4; Ord. No. 84-08, A 3, § 304)

Sec. 106-14. - Previous violations.

(a)

Any uses of any sort that are in violation of any zoning regulations upon the effective date of the ordinance from which this chapter is derived and in violation of the provisions of this chapter shall not be deemed to

have acquired the status of a nonconforming use by reason of the adoption of the ordinance from which this chapter is derived. The same shall be deemed to be a continued violation thereof.

(b)

Any variance or permit of any kind and any nonconforming use now existing pursuant to any zone classification repealed by this chapter shall continue under the applicable new zone classification as a nonconforming use, but shall not be extended, expanded or enlarged in any way whatsoever.

(Code 1980, § 20-3.5; Ord. No. 84-08, A 3, § 305)

Sec. 106-15. - Conflicting regulations.

Where any provisions of this chapter impose more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern; provided, however, that where a subdivision has been approved by the planning commission and/or the city council under the provision of the subdivision ordinance (chapter 105), then the approved standards for streets and highways, alleys, easements, blocks, lots, yards, pedestrian ways and access shall be considered as the requirement of the zoning ordinance (this chapter).

(Code 1980, § 20-3.6; Ord. No. 84-08, A 3, § 306)

Sec. 106-16. - Addition of permitted or conditional uses.

Upon application or on its own initiative, the planning commission may add or delete a use to the list of permitted or conditional uses if the commission makes all of the following findings:

(1)

That the addition to or deletion from the list of permitted or conditional uses will further the purposes of the district in which the use is proposed to be added or deleted.

(2)

That the use has or has not the same basic characteristics as the uses permitted in the district and is not less restrictive.

(3)

That the use can or cannot be reasonably expected to conform with the required conditions prescribed for the district.

(4)

That the addition of a use will not be detrimental to the public health, safety or welfare.

(5)

That the addition of a use will not create more vehicular traffic than the volume normally created by any of the uses allowed in the district.

(6)

That the addition of a use will not adversely affect the character of any district in which it is proposed to be allowed.

(7)

That the use conforms with the general plan.

(8)

That the addition of a use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the other uses allowed in the district.

(9)

That the addition of a use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses allowed in the districts. When a use has been added to a list of permitted or conditional uses in accordance with the procedure prescribed in this chapter, the use shall be deemed to be listed as a permitted or conditional use in the appropriate section and shall be added to the text of that section of this chapter when it is next published, with a notation of the date when the use was added to the list.

Any interested party may appeal the decision of the planning commission to the council. The appeal shall be made in writing within five working days of the planning commission's decision and shall be accompanied by a fee as set by council. Council may sustain, amend or disapprove the action of the planning commission.

(Code 1980, § 20-3.7; Ord. No. 84-08, A 3, § 307; Ord. No. 86-06, § 2)

Sec. 106-17. - Access.

Except where otherwise provided for in this chapter, every structure or building shall face or have frontage upon one of the following:

(1)

A dedicated and improved street;

(2)

An improved common parking lot approved by the city; or

(3)

Other permanent access at least 12 feet wide to a street by a public easement or passageway other than an alley.

(Code 1980, § 20-3.8; Ord. No. 84-08, A 3, § 308; Ord. No. 86-06, § 3)

No structure or part thereof shall be erected, reconstructed or structurally altered in excess of height limits hereafter designated for the zone in which such structure is located except as follows:

(1)

Farm buildings or structures, provided that these are not less than 50 feet from every lot line, church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, distribution and transmission towers, line and poles, chimneys, smoke stacks, flag poles, radio towers, masts and aerials, provided that they are safely erected and maintained.

(2)

Upon application for a conditional use permit, height limits may be increased for buildings to a height not exceeding 75 feet when set back an additional foot on all sides for each foot above that permitted.

(3)

An accessory building shall not exceed 16 feet in height; provided, however, that the vertical height from the grade to the plate line of a gable hip or gambrel roof shall not exceed 13 feet.

(Code 1980, § 20-3.9; Ord. No. 84-08, A 3, § 309)

Sec. 106-19. - Coverage, measurement.

The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.

(Code 1980, § 20-3.10; Ord. No. 84-08, A 3, § 310)

Sec. 106-20. - Yard requirements, measurement.

Unless otherwise provided, required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site, provided that where a precise street plan has been adopted by the city council, required front yards shall be measured from the outside dimensions of the plan line. No provisions of this chapter shall be construed to permit a structure or use to extend beyond such line; and provided further that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, required front yards shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.

(Code 1980, § 20-3.11; Ord. No. 84-08, A 3, § 311)

Sec. 106-21. - Yard requirements; exceptions.

Residential yard requirements specified herein shall be subject to the following exceptions and modifications:

(1)

Unless otherwise provided, the width of one side yard may be reduced when authorized by the approval authority to not less than three feet, provided the sum of the widths of the two side yards is not less than the required minimum, and further provided the distance between proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than that required by the state building standards code.

(2)

Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of the sills, belt courses, cornices, buttresses, chimneys, ornamental features, rain gutters, eaves, balconies, and heating and cooling equipment; provided, however, that none of the projections shall project into a minimum side yard more than 36 inches, and into the required front or rear yard not more than six feet. No building or projection thereof may extend into a public easement or right-ofway. Further, no projection shall project to within 36 inches of a property line.

(3)

Except as limited for a particular zone, sunshade and patio covers which are open on at least three sides, except for roof supports, may be located in any portion of a required side or rear yard, other than a street side yard, provided they do not encroach into a utility easement. The dripline of the sunshade or patio shall

not fall outside of the lot on which the structure is located. Further, no sunshade or patio cover which fails to conform to the fire resistance set forth in the state building standards code shall project to within 36 inches of a property line.

(4)

Except as limited for a particular zone, fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open spaces, unless necessary for public safety or as required by any law or regulation of the state or any agency thereof.

(5)

Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet unless otherwise provided in this chapter.

(Code 1980, § 20-3.12; Ord. No. 84-08, A 3, § 312; Ord. No. 86-06, § 4)

Sec. 106-22. - Through lots.

A front yard, the distance of which is specified in the district, shall be provided on each frontage of a through lot, except where a waiver-of-access to one of the frontages applies.

(Code 1980, § 20-3.13; Ord. No. 84-08, A 3, § 313)

Sec. 106-23. - Maintenance of landscaped areas.

A landscaped area provided in compliance with the regulations prescribed in this chapter or as a condition of a use permit, site plan review or planned unit development shall be landscaped with materials suitable for screening or ornamenting the site, whichever is appropriate. Landscaped areas shall be watered,

weeded, pruned, fertilized, sprayed or otherwise maintained to ensure compliance with the regulations requiring landscaped areas as stated under site plan review.

(Code 1980, § 20-3.14; Ord. No. 84-08, A 3, § 314)

The express enumeration and authorization in this chapter of a particular use, building or structure in a zone shall be deemed a prohibition of such buildings, structures or use in all zones of more restrictive classification.

(Code 1980, § 20-3.15; Ord. No. 84-08, A 3, § 315)

Sec. 106-25. - Use of nonconforming sites.

Except as otherwise provided in this section, a site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance from which this chapter is derived, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district notwithstanding previous violations of the Subdivision Map Act.

(Code 1980, § 20-3.16; Ord. No. 84-08, A 3, § 316)

Sec. 106-26. - Nonconforming uses and structures.

(a)

Purpose.

(1)

A nonconforming use is a use of a structure of land which was lawfully established and maintained prior to the adoption of the ordinance from which this chapter is derived but which does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement or their reestablishment after abandonment of six months or more and by prohibiting the alteration of the structures they occupy and their restoration after destruction to the extent of 75 percent or more.

(2)

A nonconforming structure is a structure which was lawfully erected prior to the adoption of the ordinance from which this chapter is derived but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located.

(3)

While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction to the extent of more than 75 percent.

(b)

Continuation and maintenance.

(1)

A use lawfully created and occupying a structure or a site on the effective date of the ordinance from which this chapter is derived or of amendments thereto which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, as provided in this section.

(2)

A structure lawfully created and occupying a site on the effective date of the ordinance from which this chapter is derived or of amendments thereto which does not conform with the standards of coverage, front yard, side yards, rear yard, or distances between structures prescribed in the regulations for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained as provided in this section.

(c)

Alterations and additions to nonconforming uses.

(1)

No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.

(2)

No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged so as to permit the enlargement of the space occupied by the nonconforming use, and thereby increase the discrepancy.

(d)

Change of a legal nonconforming use. The legal nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved by the planning commission in accordance with the following procedure:

(1)

Application for a change of use shall be made to the planning commission and shall include the following data:

a.

Name and address of the applicant;

b.

Statement that the applicant is the owner of the property or is the authorized agent of the owner;

c.

Address and legal description of the property;

d.

Statement of the precise nature of the existing or pre-existing legal nonconforming use and the proposed new nonconforming use and any other data pertaining to the findings prerequisite to the granting of an application.

The application with the appropriate fee as set by council shall be filed with the secretary of the planning commission. The secretary shall give notice to the applicant of the time and place when the application will be considered, and may give notice of the time to any other interested party.

(2)

The planning commission shall hold a public hearing on an application for a change in nonconforming use. Notice of the hearing shall be given in the manner prescribed by section 106-128.

(3)

The planning commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed use is classified in a more restricted category than the existing or pre-existing use.

b.

That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

1.

The planning commission may grant an application for a change of use for a limited time period or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.

2.

An action of the planning commission granting an application for a change of nonconforming use shall become null and void 180 days following the date of action unless the use is established or unless a greater

amount of time is authorized.

(e)

Abandonment of nonconforming use. Whenever a nonconforming use has been abandoned or discontinued for a continuous period of six months, or changed to a conforming use, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

(f)

Restoration of damaged structure. Whenever a nonconforming use or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by public enemy to the extent of less than 75 percent, the structure may be restored and the nonconforming use may be resumed, provided the restoration does not increase the nonconformity which existed prior to the damage that prevails; further, that restoration is started within six months and is diligently pursued to completion. The extent of damage to any structure shall be determined by the building official. Whenever a nonconforming use or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by public enemy to the extent of over 75 percent the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

(g)

Appeal to city council. All appeals to the city council concerning decisions of the planning commission shall be made pursuant to section 106-134.

(Code 1980, § 20-3.17; Ord. No. 84-08, A 3, § 317)

Sec. 106-27. - Public utility distribution and transmission lines.

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without the necessity of first obtaining a use permit, provided that a permit is obtained from the department of public works prior to any new construction or installation of such facilities.

(Code 1980, § 20-3.18; Ord. No. 84-08, A 3, § 318)

Sec. 106-28. - Accessory structures.

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

(1)

Except in the case of accessory dwelling units approved pursuant to section 106-37 of this title, accessory buildings in residentially zoned areas shall be subject to the requirements of subsection a below. Square footage and heights exceeding those specified by this section may be allowed only when approved by the planning director and/or the public works director following the procedure described in subsection b below. Except for a detached garage, all other accessory buildings shall be located no closer to the front property line than the principal dwelling.

a.

Detached accessory buildings shall not exceed two-thirds of the square footage of the primary dwelling. The accessory building shall not exceed the height of the principal dwelling.

b.

Heights and square footages exceeding the maximums otherwise permitted by this section may be allowed if the director makes the following findings:

1.

The increased height or square footage will permit appropriate development on the property;

2.

The increased height or square footage is compatible with development in the vicinity; and

3.

The increased height or square footage will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

(2)

No accessory buildings on the rear of a reverse corner shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

(3)

No accessory buildings or structures shall be located within a required front, side, or rear yard, except as provided for in this title.

(4)

Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five feet in length, or if not more than 20 feet from the main building and connected thereto by a roof of not less than five feet in width.

(5)

One detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in residential uses when the slope of the front half of such lot is greater than one foot rise or fall in the horizontal distance of four feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five feet from the side or front property line of the lot, and further provided that no such building shall exceed 35 feet in height, and further provided that no portion of any such building shall encroach upon the required front or side yard setbacks.

(6)

Cargo containers are permitted "by right" as an accessory structure in the M-1, M-2, RSP, CI, UR, PA, and RA zones. Cargo containers require approval of a conditional use permit in the CN and CS zones. Cargo containers, where permitted, shall not be used for human occupancy. Signs shall not be permitted on, or attached to, cargo containers, except those required by law that contain public safety information for the container. Cargo containers, where permitted, shall not be stacked. Cargo containers shall also be temporarily permitted in any zone district in conjunction with an authorized construction project. Except for temporary cargo containers specifically authorized in conjunction with a construction project, cargo containers shall be painted a uniform earthen hue color (e.g. beige, tan, brown).

(7)

Except within approved mini-warehouse facilities, temporary, portable on-demand storage units (e.g. PODS) are permitted for up to 30 days in residential, mobile home park zoning districts and up to 90 days in the agricultural, and commercial zoning districts. Additional time may be authorized when the portable storage unit is necessary and related to authorized on-site construction or when approved in conjunction with the approval of a conditional use permit, as provided for in section 106-128. Signage on such units shall be limited to the name of the manufacturer and public safety information.

(Code 1980, § 20-3.19; Ord. No. 84-08, A 3, § 319; Ord. No. 86-06, § 5; Ord. No. 21-01, § 3, 2-3-2021; Ord. No. 24-02, § 2, 3-20-2024)

Sec. 106-29. - Dedication of streets; curb, gutter and sidewalks requirements for additions to or remodeling of existing structures or new construction.

Upon the issuance of any building permit or when the site of any remodeling, addition to or construction of a new building front on or adjacent to a planned street or dedicated public street or highway, street sections, curbs, gutters and sidewalks shall be constructed to city standards. In addition, where offers of dedication for the planned public right-of-way have not taken place, such offers shall be made prior to issuance of the building permit. The city engineer may temporarily waive the construction of any portion of the above-mentioned improvements on the condition that the future construction of waived improvements is guaranteed by a lien agreement, cash or bond, or any other improvement security deemed sufficient by the city engineer.

(Code 1980, § 20-3.20; Ord. No. 84-08, A 3, § 320; Ord. No. 14-03, § 2)

Sec. 106-30. - Screening of roof equipment.

In all commercial, office and industrial districts all heating and cooling equipment shall be screened from view by a parapet or other structural feature and designed to match the total structure.

(Code 1980, § 20-3.21; Ord. No. 84-08, A 3, § 321)

Sec. 106-31. - Home occupations.

(a)

All applications shall be accompanied by the appropriate fee as set by the city council. Applications shall be processed and approved or denied by the planning department. The applicant for a home occupation

permit shall attest to and acknowledge that they will not violate the following criteria:

(1)

The home occupation shall not involve the use of signs or accessory structures, other than those permitted in the R districts.

(2)

The residence address will not be used for advertising purposes of any kind, nor shall any other residence address be used for advertising purposes in connection with the home occupation.

(3)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed one ton gross capacity, owned by the operator of such home occupation. Home occupation materials including stock, wares, goods, samples or equipment, carried in or on the vehicle shall be concealed in such vehicle or within the main structure so as not to be visible from the street, sidewalk or alley when such vehicle is parked at such residence.

(4)

Retail sales at the residence and services performed at the residence for persons who have come to the residence for such services shall be limited to no more traffic than that normally occasioned by a residential use. Customers, clients, or prospective customers or clients may be invited to the residence for the purpose of purchasing or obtaining or considering the purchasing or obtaining of merchandise, wares, goods, equipment or service, subject to the above limitation.

(5)

No noise, pedestrian or vehicular traffic or activity which constitutes a nuisance or disturbance of the peace of any person shall be produced or made at the residence in connection with the home occupation.

(6)

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.).

(7)

Any stock, wares, goods, materials, samples, merchandise or equipment stored on the premises shall be entirely within the building and not visible from the street, sidewalk or alley and shall not interfere with the residential use or endanger any person.

(8)

No employees, salesmen or other help, including independent contractors, partners or joint ventures hired, engaged, or retained by the permittee, other than members of the immediate or resident family, shall perform any work at the premises or go to or upon the premises in conjunction with the home occupation.

(9)

Home occupation permits shall not be issued for the following businesses or for the following vocations:

a.

Reserved.

b.

Reserved.

c.

Any vocation or business involving machinery which cannot be stored or operated in the room allowed for use of the home occupation or concealed in the vehicle of not over one-ton capacity;

d.

Automotive, vehicular, or motorcycle repair or engine repair, body and fender repair and auto painting.

(10)

Barber or cosmetologist, one chair or booth only, limited to the following practices:

a.

Manicurist.

b.

Esthetician.

c.

Electrologist.

d.

Hair stylist or colorist.

(11)

Home occupations are intended to be small businesses or vocations with limited hours of operation. Whenever practical for the operation of any proposed use, a condition of approval shall prohibit operation of all or certain aspects of the use between 9:00 p.m. and 8:00 a.m.

(12)

Home occupation permits shall not be transferable to other individuals. The permittee shall notify the city in writing at least ten days before the home occupation permit is transferred to a new location. The permit

shall be transferred when the home occupancy is relocated if the permittee provides the required notice and the planning director finds the occupation compatible with the new location.

(b)

The granting of such home occupations permit is conditioned on the faithful compliance with all the regulations set forth herein and does not relieve the permittee from complying with applicable state, county, and city laws for health and safety. The city council is empowered to revoke the home occupation permit upon reasonable notice to the permittee and upon a hearing, when the planning director reports any persistent violations of any such law or regulation.

(Code 1980, § 20-3.22; Ord. No. 84-08, A 3, § 322; Ord. No. 86-06, § 6; Ord. No. 20-04, § 3, 9-2-2020)

Sec. 106-32. - Fences, walls and hedges.

Fences, walls and hedges may be permitted as follows:

(1)

Fences and walls behind the front yard setback along the side and rear yard property lines not exceeding seven feet in height as measured from the average grade on either side of the fence. On street side fences, the height shall not be higher than seven feet above the top of curb.

(2)

On interior lots, the horizontal fencing line may be linearly tapered from behind the front yard setback line to the front yard property line provided that the fence is not higher than three feet, six inches above grade at the property line.

(3)

The cross-visibility area as defined elsewhere in this chapter shall not be violated by any structure, fence, wall, hedge or other material.

(4)

No fence, wall or hedge shall be installed or constructed above the height of three feet, six inches within any front or side setback adjacent to a street intersection except as provided below:

a.

The fence, wall or hedge along the side yard is located more than 25 feet from the projection of the front property line at the street intersection; or

b.

Such installation within the side yard is determined by the director of public works not to constitute a traffic hazard due to reduced visibility.

(Code 1980, § 20-3.23; Ord. No. 84-08, A 3, § 323)

Notwithstanding any other provisions of this Code, 50-foot-wide lots in the R-3 and R-4 zone districts may be approved within the area bounded on the north by Church Avenue, bounded on the west by Norma Street, bounded on the south by Upjohn Avenue, and bounded on the east by China Lake Boulevard, if a tentative map is approved for such development.

(Code 1980, § 20-3.24; Ord. No. 86-13, §§ 2, 3; Ord. No. 89-02, §§ 2, 3; Ord. No. 94-02, § 2)

Sec. 106-34. - Permanent structures.

No person shall undertake or conduct a commercial use except within a permanent structure unless the planning director determines that commercial use cannot be conducted within a permanent structure.

(Code 1980, § 20-3.25; Ord. No. 87-15, § 3)

Sec. 106-35. - Family day care homes.

(a)

A family daycare home means a facility 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 daycare home or a small family daycare home, as defined in Health and Safety Code § 1596.78, A family daycare home may be established in any residential zone, upon the conditions stated in this section.

(b)

A small family daycare home may be established in any residential zone if the home complies with the regulations set forth in the Health and Safety Code § 1597.30 et seq. As used herein, the term "small family daycare home" is a home which regularly provides family daycare protection and supervision for eight or fewer children and as set forth in Health and Safety Code § 1697.44, including children under ten years of age who reside in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians (other than the provider) are absent. A small family daycare home shall be considered a residential use of property for the purposes of this chapter.

(c)

A large family daycare home may be established in any residential zone if the home complies with the regulations set forth in Health and Safety Code § 1597.30. As used herein, the term "large family daycare home" is a home which regularly provides family daycare, protection and supervision for seven to 14 children and as set forth in Health and Safety Code § 1697.465, including children under ten years of age who reside in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians (other than the provider) are absent.

(d)

The provider shall comply with all generally applicable regulations pertaining to the type of residential zone the family daycare is situated. The provider shall also comply with all health and safety requirements of the

state fire marshal and the local fire department.

(Code 1980, § 20-3.26; Ord. No. 89-15, § 3; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-08, §§ 2, 3, 12-15-2021)

(a)

A bed and breakfast inn serving tourists and visitors may be established with a conditional use permit in the R-2, R-3, R-4 and PO zones, upon the conditions stated in this section.

(b)

The building and the structure must be the primary residence of the owner or the manager of the bed and breakfast use.

(c)

Said use shall be located in a building of residential design having a minimum of 2,000 square feet of residential floor area.

(d)

No meals shall be served for commercial purposes to persons other than to registered guests and residents of the bed and breakfast inn. Meal prices are to be included in the price of the room.

(e)

The bed and breakfast inn shall be located on a collector or arterial street designed by the city general plan or within a transition zone.

(f)

Common areas to be provided for exclusive use of the guests must be at least 300 square feet (parlors, dining rooms and the like).

(g)

Where multi-use eating and drinking utensils are used, washing and sanitizing shall comply with either section 28559 or 28560 of the California Restaurant Act. A three-compartment metal sink with integral metal drainboards or a commercial dishwasher machine with chlorination and sterilizing capabilities with a two-compartment metal sink with integral metal drainboards shall be required.

(h)

The following standards shall apply to the establishment of bed and breakfast inns in the R-2, R-3, R-4 and PO zones:

(1)

On-site parking for the underlying residential use shall be provided in accordance with the provisions of article V of this chapter. In addition, one on-site parking space shall be provided for each guest room in excess of two. On-site parking shall be designed or located so as not to detract from the residential character of the buildings and structures of the bed and breakfast inn.

(2)

Signs for bed and breakfast inns shall be limited to four square feet of sign area attached directly to the residential building or structure, provided, in the PO zone, sign standards for the zone shall apply. The content of any such sign shall be limited to identifying not more than the name and address of the facility. No sign shall be internally or externally illuminated.

(3)

The actual number of guest rooms permitted in any location will be determined by the planning commission based on a relationship of the site to parking, access, character, size and scale of surrounding uses. The building or structure may not contain more than eight guest rooms, which may not be occupied by more than 16 guests.

(4)

In those areas where the existing building or structure is developed with or used for residential apartments, the unit may be converted upon application and approval by the planning commission.

(5)

No cooking facilities shall be permitted in any guest room.

(6)

No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of 28 days during any consecutive 30-day period.

(7)

Fire, safety and health requirements will be imposed by the city building department, the county fire department and the county health department. Minimum requirements for a bed and breakfast occupancy shall be the installation of approved smoke detectors in each lodging room, installation of three approved fire extinguishers in the structure and the inclusion of an evacuation plan posted in each room. Written approval must be received from these departments prior to the business becoming operational.

(8)

The county fire department and the county health department shall conduct an annual inspection of each bed and breakfast inn.

(9)

No additions to existing buildings which would increase the number of bed and breakfast rooms shall be allowed.

(i)

In approving a conditional use permit for a bed and breakfast inn located in the R-2, R-3, R-4 and PO zones, the planning commission must make the following findings:

(1)

The establishment of a bed and breakfast inn is consistent with the purpose of the general plan, including policies regarding the displacement of rental units in the housing stock;

(2)

The establishment of a bed and breakfast inn will not be detrimental to a building, structure or feature of significant aesthetic, cultural, architectural or engineering interest or value of a historical nature; and

(3)

The establishment of a bed and breakfast inn is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses.

These findings shall be in addition to those required for the approval of conditional use permits contained in section 106-131.

(j)

Any conditional use permit issued by the city for any bed and breakfast inn shall be subject to an express condition that said permit shall expire and said use shall terminate (unless a new conditional use permit is approved therefor) upon any transfer of ownership of said real property.

(k)

The permit shall terminate if any bed and breakfast inn is discontinued for a period of 12 months, regardless of any intent to resume operation.

(Code 1980, § 20-3.27; Ord. No. 91-12, § 9)

(a)

Purpose. The accessory dwelling unit or ADU (as defined in section 106-2) regulations set forth in this section are established to comply with the state standards and requirements set forth in Government Code § 65852.2 and all other applicable state laws. The following section is subject to the applicable preemptive limitations set forth in Government Code § 65852.2 unless stated otherwise.

The city shall ministerially, and without discretionary review or hearing, act on the application to create an ADU or a junior ADU within 60 days from the date the city receives a completed application if there is an existing single family or multifamily dwelling on the relevant lot. If the permit application to create an ADU or junior ADU is submitted with a permit application to create a new single-family dwelling on the relevant lot, the city may delay acting on the permit application for the ADU or junior ADU until the city acts on the

permit application to create the new single family dwelling, however the permit application to create that ADU or junior ADU in this instance shall be considered ministerially. ADUs shall be permitted by the community development director or designee upon determining that the application meets all of the following requirements.

(b)

General requirements.

(1)

The ADU is allowed in any single-family or multi-family zone. Note: city must inquire regarding adequacy of water/sewer before designating this area (Government Code § 65852.2(a)(1)(A)) that has no more than one proposed or existing single family residence on the parcel.

(2)

The ADU may not be sold or conveyed separately from the primary residence, but may be rented with rental terms required to be longer than 30 consecutive calendar days.

(3)

If there is an existing primary dwelling, the floor area of an attached ADU shall not exceed 50 percent of the primary unit.

(4)

The total floor area for a detached ADU shall not exceed 1,200 square feet.

(5)

ADU construction shall be in compliance with the regulations and standards set forth in this chapter, including, but not limited to side and rear yard setbacks, building height, lot coverage and parking requirements. The ADU shall be constructed in accordance with the building code and other applicable codes.

(6)

The ADU may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services.

(7)

Fire sprinklers are required in the ADU when existing or required to be provided in the primary unit.

(c)

The conversion of a ADU shall comply with the following development standards:

(1)

No additional parking spaces are required for the space converted to an ADU.

(2)

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

(d)

The construction of an ADU shall comply with the following development standards.

(1)

Detached units shall be located behind the rear face of the primary unit.

(2)

Construction of an ADU shall be allowed in designated historical districts; however, must not be visible from the public-right-of-way.

(3)

The unit shall not be more than 16 feet in height or more than the height of the primary residential unit, whichever is more. This measurement is taken from the lowest adjoining grade to the highest point of the structure.

(4)

The unit shall be set back a minimum of four feet from any interior side, street side, or rear lot line.

(5)

The unit shall maintain six feet separation to any other accessory building or main building on the same building site. The six-foot distance shall be measured from the closet points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature.

(e)

Parking requirements.

(1)

One parking space (provided as uncovered, or tandem space on the existing driveway) is required per one bedroom or unit, whichever is less, except in any of the following circumstances:

a.

The ADU is located within one-half mile of public transit (measured by walking distance route).

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the existing primary residence or an existing accessory structure.

d.

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

(f)

All converted and constructed ADUs shall conform to the following design standards:

(1)

The design, color, material, and texture of the roof shall be substantially the same as the main dwelling unit;

(2)

The color, material, and texture of all building walls shall be similar to and compatible with the main dwelling unit;

(3)

The architectural style shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single-family dwelling;

(4)

If attached to the garage, there shall be no direct access from the garage to the ADU;

(5)

All single-family residential development standards and design guidelines adopted by the city.

(g)

Notwithstanding as otherwise provided by this chapter, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

(1)

One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing singlefamily dwelling with all of the following conditions met:

a.

The ADU or junior ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure not including an expansion beyond 150 square feet beyond the same physical dimensions as the existing accessory structure. Such expansion shall be limited to accommodating ingress and egress.

b.

The space has exterior access from the proposed or existing single-family dwelling.

c.

The side and rear setbacks are sufficient for fire and safety.

d.

The junior accessory dwelling unit complies with the requirements of Section 65852.22.

(2)

One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (1) above. The accessory dwelling unit is subject to the following limitations:

a.

A total floor area limitation of not more than 1,200 square feet.

b.

A height limitation of 16 feet.

(3)

Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the number of multiple accessory dwelling units does not exceed 25 percent of the existing multifamily units (or one ADU if there are four or less multifamily dwelling units) and each unit otherwise complies with state building standards for dwellings.

(4)

Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.

(h)

The owner of any permitted senior housing unit may file an application to have such unit approved as an ADU pursuant to this section and eliminate the conditional use permit. The application shall be granted if

the senior housing unit meets all of the requirements of this section.

(i)

Nothing contained within this section shall be construed to permit the creation or construction of additional ingress/egress access points for vehicular traffic.

(j)

The duty to act ministerially on an application may be tolled according to state law or by mutual agreement of the parties.

(k)

The city council may establish fees by resolution to recover costs incurred in the processing of ADU applications as set forth in this chapter and in accordance with Government Code § 66000 et seq.

(Ord. No. 21-01, § 4, 2-3-2021; Ord. No. 21-02, § 2, 4-7-2021)

Editor's note— Ord. No. 21-01, § 4, adopted February 3, 2021, added a new § 106-37, as set out above and later amended. Afterwards, Ord. No. 21-02, § 3, adopted April 7, 2021 renumbered the existing § 10637 as 106-38.

Sec. 106-38. - Temporary employee housing.

(a)

Temporary employee housing may be established in any zoning district with a temporary employee housing permit issued by the city manager in accordance with this section.

(b)

Applications for temporary employee housing permits shall include written consent of the property owner, except for property owned by the city. Applications shall be accompanied by a fee set by city council. The city manager may promulgate policies, guidelines, and procedures that are consistent with this section, including describing the information to provide and items to submit with permit applications.

(c)

Applications shall be referred to relevant departments, including police, fire, public works, building, and finance for review and recommended conditions. Applications shall be referred to a city council committee for consideration and recommendation to the city manager.

(d)

Decisions by the city manager to grant or deny an application for a temporary employee housing permit shall be in the form of a written determination letter. The decision shall be supported by findings that the temporary employee housing will serve the needs of the city or Naval Air Weapons Station China Lake, and will be operated with adequate protection of the public health, safety, convenience and general welfare.

(e)

The temporary employee housing permit is temporary and shall specify the active time period. It shall require compliance with all state laws and permitting requirements, including, without limitation, the provisions of California Building Code § 3103 et seq. for temporary structures, and regulations of the state department of housing and community development.

(f)

The temporary employee housing permit may require a surety bond and liability insurance based on the proposed use and the nature of the property and surrounding properties.

(g)

Conditions of approval may provide for recovery of actual costs incurred for services provided by the city related to the use, to the extent permitted by law, including, without limitation, costs of law enforcement, traffic control, and cleanup. An advance deposit of the estimated amount of cost recovery may be required. The deposit, or any portion thereof, shall be forfeited to the city in order to recover costs incurred to

enforce the conditions of the permit or the provisions of this section. All the city's costs that exceed the amount of the deposit shall constitute a civil debt due and owing to the city and recoverable in accordance with the law.

(h)

A violation of any provision of a temporary employee housing permit or of this section is punishable as a misdemeanor. The city may address violations by prosecution or administrative citation in accordance with this Code. Violators may be liable for penalties and for actual costs incurred by the city, including, without limitation, attorney fees and police services.

(i)

The city manager may amend the terms and conditions of the temporary employee housing permit at any time to protect the public health, safety, convenience or general welfare. Upon finding that the permitted use has become detrimental to the public health, safety or welfare, the city manager may revoke the permit. Appeals of all decisions of the city manager under this section shall be made in writing directly to the city council pursuant to the time and manner set forth in section 106-98 of this Code for appeals of decisions of the planning commission.

(Ord. No. 20-03, § 3, 7-1-2020; Ord. No. 21-01, § 4, 2-3-2021; Ord. No. 21-02, § 3, 4-7-2021)

Note— Formerly § 106-37, see editor's note for § 106-37.

Sec. 106-39. - Zoning clearance review.

(a)

Purpose.

(1)

The zoning clearance procedure is intended to ensure that a proposed use of land and/or existing building(s), or the minor alterations of land and building(s) within the city, meet the requirements of the zoning ordinance and, if applicable, the conditions of approval for a previously approved permit.

(b)

General provisions.

(1)

A zoning clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a building permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction. Projects requiring a zoning clearance include but are not limited to establishment of a new use within an existing building in conjunction with obtaining a business license; individual custom homes on lots of record; and minor additions to residential structures or lots, including patio covers, pools/spas and detached accessory structures.

(2)

In no case shall a zoning clearance be issued for a use other than a use permitted within that zone district.

(c)

Application procedure.

(1)

A request for a zoning clearance shall be submitted on a form provided for that purpose by the planning department, along with the required fee as established by the city council.

(2)

The planning director may require additional information including but not limited to, parking summaries and a written description of use(s) prior to taking any action on a zoning clearance.

(3)

A zoning clearance shall be filed by the owner of the subject property or his or her authorized agent.

(d)

Review criteria.

(1)

Zoning clearance shall be approved provided that the proposed use of land or structures:

a.

Is permissible under the present zoning on the land and does not require additional land use entitlements such as a conditional use permit or site plan review;

b.

Is consistent with the policies and maps of the general plan;

c.

Complies with all applicable terms and conditions of any existing entitlement;

d.

Meets all applicable zoning ordinance requirements including, but not limited to, minimum structure design, development standards and setbacks, or has been deemed to be legally nonconforming with respect to these standards.

(2)

There are no violations of this Code existing on the subject property.

(e)

Modification or revocation by the planning director.

(1)

If the planning director determines that the use approved under the zoning clearance is not in compliance with the requirements of this section, the planning director shall notify the owner of the subject property or his or her authorized agent of the date for a hearing on the use's compliance with this section. Such notice shall be sent by certified mail and shall state that the planning director will be reviewing the zoning clearance for possible modification or revocation. It shall also state the date, time, and place of the hearing. The hearing shall be conducted, and notice given in accordance with RMC 106-212.

(2)

The planning director shall fully investigate the evidence and prepare a report regarding the reported violation of the zoning clearance requirements. A copy of the report shall be sent to the property owner or his or her authorized agent. upon conclusion of the hearing, the planning director shall make one of the following determinations and take such accompanying action:

a.

Find that the use is being conducted in an appropriate manner and that no action to modify or revoke the zoning clearance is necessary; or

b.

Find that the use is not being conducted in an appropriate manner and impose modifications to conditions as are necessary; or

c.

Find that the use is not being conducted in an appropriate manner and that the measures are not available to mitigate the impacts of the use. Upon making this determination, the planning director may revoke the zoning clearance approval and order the property owner or his or her authorized agent to cease and desist in the time specified by the director.

(f)

Effective period of zoning clearance approval.

(1)

A zoning clearance verifies that a specified use or structure is consistent with the zoning ordinance and applicable city ordinances and policies on the date of its issuance. Any change to the use or structure, or any change to the applicable ordinance provisions, may invalidate the zoning clearance.

(Ord. No. 22-02, § 2, 5-4-2022)

Secs. 106-40—106-60. - Reserved. ARTICLE II. - ADMINISTRATION AND ENFORCEMENT DIVISION 1. - GENERALLY

Sec. 106-61. - Duty of the planning commission.

It is the duty of the city planning commission to ensure the proper administration of this chapter, and the commission shall have the power to establish such policies, rules and regulations not in conflict with any regulations of the city as are reasonably necessary for that purpose.

(Code 1980, § 20-1.10; Ord. No. 84-08, A 1, § 110)

Sec. 106-62. - Duty of director of community development.

(a)

The director of community development shall have the primary duty to enforce the provisions of this chapter.

(b)

If the director determines that the provision of this chapter or any condition of a permit issued under this chapter is being violated, the director shall notify the property owner and the permittee in writing, describing in reasonable detail the violation alleged to have been committed. The permittee shall have 14 days from date of mailing to correct the violation.

(c)

If the property owner or the permittee does not correct the violation the director shall give notice of revocation of the permit in writing, describing in reasonable detail the violation alleged to have been committed or to exist and shall serve the notice on the property owner or the permittee in person or by certified first class mail at the address listed in the permit application.

(d)

The property owner or the permittee may appeal the determination of the director by filing a written notice of appeal with the secretary of the planning commission no later than 30 days after the date of the notice of the revocation. At the hearing, the burden of proof shall be with the director to prove the violation by a preponderance of the evidence. The commission shall confirm, reverse or modify the director's decision. The decision shall be final unless appealed. On appeal, the decision of the commission shall be final.

(Code 1980, § 20-1.11; Ord. No. 84-08, A 1, § 111; Ord. No. 91-12, § 10)

Sec. 106-63. - Enforcement.

The planning director or his representative shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours. In no case shall any structure be entered in the absence of the owner or tenant or without the consent of the owner or tenant or the written order of a court of competent jurisdiction. The planning director may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The city attorney is authorized to institute appropriate actions for the enforcement of this chapter. The planning director may call upon the chief building official, the chief of police or their authorized agents in the enforcement of this chapter.

(Code 1980, § 20-1.12; Ord. No. 84-08, A 1, § 112)

Sec. 106-64. - Violations and penalties.

(a)

Any person, firm, corporation or organization violating any provisions of this chapter shall be guilty of an infraction.

(b)

Any structure erected, moved, altered, enlarged or maintained and any use of a site or portion of a site contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance, and the city attorney may institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or using the site contrary to the provisions of this chapter.

(Code 1980, § 20-1.13; Ord. No. 84-08, A 1, § 113)

Sec. 106-65. - Construction.

The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this chapter:

(1)

Words used in the present tense include the future tense.

(2)

Words used in the singular include the plural, and words used in the plural include the singular.

(3)

The words "shall" and "must" are mandatory; the word "may" is permissive.

(4)

The masculine shall include the feminine and neuter.

(5)

In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this chapter and the context thereof, said heading shall not be deemed to affect the scope, meaning or intent of such context.

(6)

The word "oath" shall include affirmation.

(Code 1980, § 20-1.14; Ord. No. 84-08, A 1, § 114)

Sec. 106-66. - General terminology.

(a)

The term "city" shall mean the City of Ridgecrest, California. The terms "city council" and "council" shall mean the city council of the City of Ridgecrest. The terms "planning commission" and "commission" shall mean the planning commission of the City of Ridgecrest, California, duly appointed by the city council. The terms "city clerk," "city engineer," "city manager," "chief building official" and "planning director" means the city clerk, city engineer, city manager, chief building official and director of planning and community development, respectively, of the City of Ridgecrest.

(b)

The term "secretary" shall mean the secretary to the planning commission duly appointed by the city council. The term "zone map" shall mean the officially adopted zone map in accordance with article III of this chapter.

(Code 1980, § 20-1.15; Ord. No. 84-08, A 1, § 115)

Sec. 106-67. - Fees.

(a)

The city council shall, from time-to-time, establish fees for the cost of reviewing each application for a permit or entitlement to use as set forth in this chapter including all costs incurred by staff, the planning commission and council to review applications, and appeals and to provide legally required notices and other necessary reports and recommendations. Such fees shall also be adequate to recover the cost, if any, of conducting the environmental review associated with the permit or entitlement for use.

(b)

Director of community development may establish fees for miscellaneous services and materials not set by council action provided the director shall establish no fee in excess of the cost of providing the service or material for which the fee is levied and provided further the director shall submit a report to the council at least 20 days before the effective date of the fee. The fee shall not be effective if the city council disapproves.

(Code 1980, § 20-29; Ord. No. 87-08, § 2)

Secs. 106-68—106-92. - Reserved.

DIVISION 2. - ENFORCEMENT AND APPEAL

Sec. 106-93. - Permits, certificates and licenses.

All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be void.

(Code 1980, § 20-28.1; Ord. No. 84-08, A 28, § 2801)

Sec. 106-94. - Enforcement and penalties.

(a)

It shall be the duty of the planning director or his authorized representative, and any other officers of the city charged by law with the enforcement of the provisions of this chapter to enforce this chapter and all of its provisions.

(b)

All departments, officials and public employees of the city who are vested with the duty and authority to issue licenses and permits when required by law shall conform to the provisions of this chapter.

(Code 1980, § 20-28.1; Ord. No. 84-08, A 28, § 2802)

Sec. 106-95. - Violations; penalties.

(a)

Any person, firm, corporation or organization violating any provision of this chapter shall be guilty of an infraction.

(b)

Any structure erected, moved, altered, enlarged or maintained and any use of a site contrary to the provisions of this chapter, or as otherwise unlawfully created prior to the effective date of the ordinance from which this chapter is derived, shall be and is hereby declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or using the site contrary to the provisions of this chapter.

(Code 1980, § 20-28.3; Ord. No. 84-08, A 28, § 2803)

Sec. 106-96. - Appeals; general.

Except as otherwise provided in this chapter or chapter 105 or required by state law, appeals may be taken only by:

(1)

Citizens affected by such decision;

(2)

Property owners or a group of property owners affected by such decision;

(3)

Any governmental agency or other entity owning property which may be affected by such decision; or

(4)

The city council.

(Code 1980, § 20-28.4; Ord. No. 92-09, § 7)

(a)

Whenever the provisions of this chapter or chapter 105 delegate the authority to carry out any of the provisions of this chapter to any city officer or employee, the decision of such person shall be final, subject to appeal to the planning commission. A written appeal must be filed with the community development director within ten calendar days of the date that the notice of the decision from the authorized individual was given to the applicant.

(b)

The appeal shall state why the decision appealed from is not in accord with the purposes of this chapter, and shall describe an error or an abuse of discretion. The appeal shall also set forth the requested relief.

(c)

The planning commission shall consider the appeal at a public hearing and approve, conditionally approve, or deny the appeal. Notice of the time and place of said hearing shall be given at least ten calendar days before the hearing.

(Code 1980, § 20-28.6; Ord. No. 92-09, § 8)

Sec. 106-98. - Appeal to city council.

(a)

The decisions of the planning commission may be appealed to the city council. The appeal shall be filed with the city clerk within ten calendar days of the date of the planning commission's decision. No appeals to the city council may be taken by any person or entity not appearing either in person or in writing before the planning commission.

(b)

The appeal shall state why the decision appealed from is not in accord with the purposes of this chapter, and shall describe an error or an abuse of discretion. The appeal shall also set forth the requested relief.

(c)

Except as required by Government Code § 65856, the city council may, without public hearing, approve the action of the planning commission and deny the appeal. If the city council decides to accept the appeal and review the action taken by the planning commission, the city council shall affirm, reverse, or modify the decision of the commission at a regular meeting. Notice of the time and place of said hearing shall be given at least ten calendar days before the hearing in the same form as that required for appeals to the planning commission.

(Code 1980, § 20-28.6; Ord. No. 92-09, § 9)

Secs. 106-99—106-124. - Reserved. DIVISION 3. - CONDITIONAL USE PERMITS

In certain districts, as specified in this chapter, conditional uses may be authorized by the granting of a use permit. Because of their special characteristics, conditional uses require extraordinary consideration to minimize possible adverse impact upon surrounding properties. In order to give the district flexible use regulations that are necessary to achieve the objectives of this chapter, the planning commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Code 1980, § 20-21.1; Ord. No. 84-08, A 21, § 2101)

Sec. 106-126. - Powers of city planning commission.

The planning commission may grant or deny use permits for conditional uses in such districts as are prescribed in the regulations for each district in this chapter with the procedures prescribed in this division.

(Code 1980, § 20-21.2; Ord. No. 84-08, A 21, § 2102)

Sec. 106-127. - Application and fee.

Application for a use permit shall be made to the secretary of the planning commission on a form prescribed by the commission which shall include the following data:

(1)

Name, address and signature of the property owner.

(2)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(3)

Address and legal description of the property.

(4)

A concise statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with all data pertinent to the findings prerequisite to the granting of a use permit.

(5)

The complete application, together with the information that may be required by the planning commission to make the necessary findings, shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this division. If the application is incomplete, the application shall be returned to the applicant.

(6)

In the event that an application for a conditional use permit requires the concurrent approval of other development plans, the plans shall be processed in accordance with other requirements as set forth in this Code.

(Code 1980, § 20-21.3; Ord. No. 84-08, A 21, § 2103)

Sec. 106-128. - Public hearing notice.

(a)

The planning commission shall hold a public hearing on each application for a conditional use permit. Notice of the public hearing shall be given by the secretary of the commission as follows:

(1)

Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

(2)

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

(3)

Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

(4)

The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

a.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

b.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection c or subsection (a)(4)a of this section is greater than 1,000, the planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at

least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

d.

If the notice is mailed or delivered pursuant to subsection (a)(4) of this section, the notice shall also either be:

1.

Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city.

2.

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

(b)

The notice shall include the information specified in Government Code § 65094.

(c)

In addition to the notice required by this section, the planning commission may give notice of the hearing in any other manner it deems necessary or desirable.

(d)

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

(Code 1980, § 20-21.4; Ord. No. 84-08, A 21, § 2104; Ord. No. 85-20, § 4)

State Law reference— Similar provisions, Government Code §§ 65091, 65905.

At the public hearing, the planning commission shall review the application and the statement and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in section 106-131.

(Code 1980, § 20-21.5; Ord. No. 84-08, A 21, § 2105)

Sec. 106-130. - Investigation, report and notice.

The secretary of the planning commission shall make an investigation of the application as to its compliance with section 106-127 and shall prepare a report thereon which shall be submitted to the

planning commission. Such report shall include a recommendation as to the action to be taken by the commission and a statement supporting such recommendation. The secretary of the planning commission shall give written notice to the applicant of the time when the application will be considered by the planning commission.

(Code 1980, § 20-21.6; Ord. No. 84-08, A 21, § 2106)

Sec. 106-131. - Action by the planning commission.

The planning commission may approve an application for a conditional use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

(1)

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to or inharmonious with properties or improvements in the vicinity.

(2)

That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.

(3)

That the proposed location of the conditional use is in accordance with the objectives of this zoning chapter and the purposes of the district in which the site is located.

(Code 1980, § 20-21.7; Ord. No. 84-08, A 21, § 2107)

Sec. 106-132. - Conditional use permit revocable.

A use permit may either be revocable or be approved for a limited time period, or may be approved subject to such conditions as the commission may prescribe. The commission also may deny an application for a use permit.

(Code 1980, § 20-21.8; Ord. No. 84-08, A 21, § 2108)

Sec. 106-133. - Effective date.

A use permit shall be effective five working days following the date on which the use permit is granted. The approved use permit with any conditions shown thereon or attached thereto, shall be dated and signed by the secretary to the planning commission. One copy of said use permit and conditions shall be mailed to the applicant.

(Code 1980, § 20-21.9; Ord. No. 84-08, A 21, § 2109)

Sec. 106-134. - Appeal of planning commission decision.

(a)

An applicant, the city, or any concerned property owner or resident may appeal, in writing, a decision of the planning commission if the applicant, property owner or resident is of the opinion that the commission's decision does not conform to city policies and standards. The appeal shall be accompanied by an appropriate fee as set by the city council.

(b)

Such appeal of a planning commission decision must be filed within five working days following the commission decision. The secretary of the commission shall then transmit to the city clerk the use permit application and all other data filed therewith, the minutes of the public hearing, the staff report, the findings of the commission and its decision on the application.

(c)

The council shall review the decision of the planning commission not sooner than 45 days nor later than 90 days after receipt of the written appeal. The record on appeal shall consist of the evidence presented to the planning commission and additional evidence the council deems relevant. The council shall affirm, reverse or modify the commission's decision or remand the matter to the commission for further proceedings. Findings shall be prepared if the council reverses or modifies the decision or affirms the decision on grounds other than those stated by the commission.

(Code 1980, § 20-21.10; Ord. No. 84-08, A 21, § 2110; Ord. No. 86-35, § 1)

Sec. 106-135. - Building permit.

Before a building permit may be issued for any building or structure proposed as part of the approved conditional use permit application, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission and/or city council. For this purpose, the applicant shall stake the property lines deemed necessary by the building official. Before a building may be occupied, the building official shall certify to the planning agency that the site has been developed in conformity with the site plan and conditions approved by the planning commission or the city council.

(Code 1980, § 20-21.11; Ord. No. 84-08, A 21, § 2111)

Sec. 106-136. - Lapse of use permit.

A use permit shall lapse and become void one year following the date on which the permit became effective unless, by conditions of the use permit, a lesser or greater time is prescribed in accordance with section 106-137, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of up to one year provided that, prior to the expiration of the time period granted, an application for renewal of the use permit is filed with the planning commission. The commission may grant or deny an application for renewal of a use permit.

(Code 1980, § 20-21.12; Ord. No. 84-08, A 21, § 2112)

Sec. 106-137. - Time limit for development.

The planning commission may establish a lesser or greater time limit than that provided by section 106-136 within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the planning commission shall be reasonable, based on the size, nature and complexity of the proposed development.

(Code 1980, § 20-21.13; Ord. No. 84-08, A 21, § 2113)

Sec. 106-138. - Pre-existing conditional uses and use permits.

(a)

A conditional use permanently and legally established prior to enactment of this chapter shall be permitted to continue and may be either a conforming use or a nonconforming use.

(b)

A conditional use permit (CUP) granted under the provisions of the county zoning ordinance and supplementary provisions thereto prior to the enactment of this chapter shall, upon the annexation of the property affected to the city, become null and void at the end of one year following the date of its original approval or extension thereof granted by the county prior to the annexation and shall thereafter be classified as a nonconforming use or be the subject of a new CUP application.

(c)

A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this chapter if the structure is destroyed by fire or other calamity or by an Act of God or by public enemy to the extent of 75 percent of more. The extent of such partial destruction shall be determined by the building official.

(d)

An accessory structure added to a conditional use may be administratively approved by the planning director.

(Code 1980, § 20-21.14; Ord. No. 84-08, A 21, § 2114)

Upon violation of any applicable provisions of this chapter, or failure to comply with the conditions of approval, a use permit shall be suspended. Notice of such suspension shall then be sent immediately by the secretary of the planning commission to the holder of the use permit with a copy thereof to the city council. Within 30 days of the suspension, the city council shall consider the suspension. If not satisfied that the regulations, general provisions, conditions or conditions of approval are being substantively complied with, the city council shall revoke the use permit and take such appropriate action as may be necessary to ensure compliance with the regulations, general provisions and conditions of approval. The

secretary of the planning commission shall notify the applicant in writing of the city council's decision. Upon notification of suspension, the holder of the use permit shall cease all activities on the property which are subject to the use permit.

(Code 1980, § 20-21.15; Ord. No. 84-08, A 21, § 2115)

Sec. 106-140. - Notation on zoning map.

A use permit shall be indicated on the appropriate zoning map by a number located on the site of the conditional use (e.g. CUP 81-5).

(Code 1980, § 20-21.16; Ord. No. 84-08, A 21, § 2116)

Sec. 106-141. - New application.

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same site shall be filed within one year from the date of denial or revocation of the use permit.

(Code 1980, § 20-21.17; Ord. No. 84-08, A 21, § 2117)

Sec. 106-142. - Use permit to run with the land.

A use permit granted pursuant to the provisions of this section may run with the land and may continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application, or those which, by their terms, are not made permanent.

(Code 1980, § 20-21.18; Ord. No. 84-08, A 21, § 2118)

Sec. 106-143. - Density limit or intensity of use.

No use for which a conditional use permit has been applied for shall exceed the residential density criteria as specified in the general plan. For example, the low-density residential criteria of the general plan allows no more than six units per gross acre. The only exception to this section is when an applicant applies for and is granted a conditional use permit for a mobilehome park as regulated by section 106-322.

(Code 1980, § 20-21.19; Ord. No. 84-08, A 21, § 2119)

Secs. 106-144—106-169. - Reserved. DIVISION 4. - SITE PLAN REVIEW

Sec. 106-170. - Purpose.

The purpose of a site plan review is:

(1)

To ensure that the projects listed in section 106-171 conform to the general plan and all applicable Code provisions of the city and state;

(2)

To maintain and encourage high standards of development; and

(3)

To provide the applicant with an informative review to assist in the efficient and coordinated processing of projects consistent with city standards and requirements.

(Code 1980, § 20-22.1; Ord. No. 84-08, A 22, § 2201; Ord. No. 86-29, § 1)

Sec. 106-171. - Included projects.

These projects shall not be considered for approval or permit until a site plan review has been completed:

(1)

Conceptual development plans.

(2)

Preliminary development plans required by section 106-334.

(3)

Municipal reorganizations and annexations.

(4)

Specific plans.

(5)

Tentative maps.

(6)

Parcel maps.

(7)

Precise development plans required by section 106-335.

(8)

Conditional use permit applications where new buildings or substantial alterations are proposed.

(9)

Conversion of residential structures to commercial or industrial uses.

(10)

Any proposed new development, a building, or substantial alteration within a zoning district that requires a site plan review.

(Code 1980, § 20-22.2; Ord. No. 86-29, § 2; Ord. No. 92-07, § 3)

Site plans for staff review shall be submitted to the director of community development in a number the director determines necessary to facilitate staff review. All site plans shall be on folded sheets of a minimum 8½ inches by 11 inches size to a maximum 24 inches by 36 inches size and shall be at an easily readable scale.

(1)

All submittals shall include the following information:

a.

Name, address, and telephone number of the property owner.

b.

Name, address, and telephone number of the property developer.

c.

Name, address, and telephone number of the person preparing the plan.

d.

North arrow oriented to top of plan sheet.

e.

Scale.

f.

Vicinity map showing site location.

g.

Property lines of the entire legal parcels.

h.

Delineations of any easements on the property.

i.

Names of adjacent streets and intersections.

j.

Width of adjacent streets and alleys.

k.

Legal description of the subject property.

l.

Street address of the subject property (if assigned).

m.

Zoning designation of the subject property and surrounding properties.

n.

Existing land uses of the site and surrounding properties.

o.

Area of the subject property.

(2)

Projects described in section 106-171(5) through (9) shall also include the following:

a.

Street and/or alley dedications, if applicable.

b.

All existing and proposed public improvements within adjacent streets and alley rights-of-way (curb, gutter, sidewalk, street lights, parkways, fire hydrants, power poles, water lines, gas lines, sewer lines, telephone lines, etc.).

c.

Existing and proposed public rights-of-way within the subject property.

d.

Existing or proposed easements within or immediately outside the site.

e.

Location of on-site and off-site drainage facilities.

f.

Area of each parcel (gross and net).

g.

Physical features on the property and immediately adjacent to property lines (fences, walls, power poles, buildings, slopes, etc.).

(3)

Projects described in section 106-171(8) through (10) shall also include the following:

a.

Location of all buildings (main and accessory), fences and/or walls, paved areas and landscape areas, and all shall be labeled as either existing or proposed.

b.

Percentage of area covered by buildings, landscaping and pavement on each parcel.

c.

Location of existing and proposed on-site water lines, sewer lines, septic tanks and fire hydrants.

d.

Type of construction per the state building standards code.

e.

Height and number of stories of all buildings and structures.

f.

Dimensions from buildings to property lines and to other buildings or structures on the property.

g.

Uses of all buildings (existing and proposed) and areas on the property.

h.

Exterior building materials including materials of fences, walls and accessory structures.

i.

Off-street parking including dimensions of individual parking spaces, internal circulation pattern for pedestrian and vehicular traffic, wheel stops and type of surfacing proposed.

j.

Driveway widths.

k.

Computation of total parking required per use on each parcel and identification of total number of spaces provided (covered and uncovered indicated separately) on each parcel by type (e.g.: normal stall size, compact stall, stall for persons with disabilities).

l.

Computation of landscape areas required and the square footage of areas proposed for landscaping.

m.

Location of landscaping including existing and proposed trees, shrub masses and ground cover area.

n.

Loading spaces including dimensions.

o.

Estimated quantities of earth to be moved.

p.

Direction of drainage flow with slope in percentage.

q.

Signs including area, location, height, illumination and mechanical movement.

r.

On-site lighting.

s.

Trash enclosures.

t.

Location of outdoor storage areas.

u.

Exterior architectural projections.

v.

Location of all entrances.

w.

Location of mechanical equipment and proposed screening.

x.

Proposed swimming pools, patios and/or recreation areas.

(4)

The director of community development may require additional information or materials when necessary to accurately and adequately review a specific project. The director of community development may waive any information described above upon determination that it is not relevant to the review. Any decision made by the director pursuant to this section shall include a written justification which shall become part of the project record and accompany the application before the planning commission.

(Code 1980, § 20-22.3; Ord. No. 86-29, § 3; Ord. No. 92-07, § 4)

Sec. 106-173. - Procedure.

(a)

The director of community development, directed by city staff, and such utility service representatives as may be available shall, within 21 working days after completion of filing, conduct a review of the submitted project. The applicant shall be invited to attend the review meeting.

(b)

The director of community development shall, within 15 working days after the review, prepare and mail to the applicant a site plan review letter summarizing the Code requirements and recommendations of staff.

(Code 1980, § 20-22.4; Ord. No. 86-29, § 4)

Sec. 106-174. - Fees.

Fees, established by resolution of the city council, shall be paid by the applicant at the time of filing or appeal, to defray costs incurred by the city related to the application or appeal.

(Code 1980, § 20-22.5; Ord. No. 86-29, § 5)

The applicant may appeal any of the conditions set forth in the director's letter of determination by filing a written request for review with the planning commission within 30 calendar days of the date of the director's letter. Such appeal must be made in writing, shall stipulate the points of disagreement, shall be accompanied by a sufficient number of copies of the plan to facilitate commission review.

(Code 1980, § 20-22.6; Ord. No. 86-29, § 6)

A subsequent site plan review application shall be required prior to issuance of building permits or commission consideration if more than 18 months have lapsed since any prior site plan review for an

uncompleted project or if the applicant revises the proposed project in such a way as to materially change the requirements as determined by the director.

(Code 1980, § 20-22.7; Ord. No. 86-29, § 7)

Site plan review shall not be construed to vest or grant any development right. Should legal requirement changes occur subsequent to any site plan review, the changes will be incorporated into any building permits issued on the project or any commission actions.

(Code 1980, § 20-22.8; Ord. No. 86-29, § 8)

Secs. 106-178—106-207. - Reserved. DIVISION 5. - VARIANCES

Sec. 106-208. - Purpose.

The planning commission is hereby empowered to grant variances in order to lessen practical difficulties and unnecessary hardships inconsistent with the objectives of the zoning ordinance (this chapter) which would result from a strict or literal interpretation and enforcement of the regulations prescribed by this chapter. A practical difficulty or unnecessary physical hardship may result from the existing size, shape or dimensions of a site or the location of existing structures thereon from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. The power to grant variances shall not extend to use regulations.

(Code 1980, § 20-24.1; Ord. No. 84-08, A 24, § 2401)

Sec. 106-209. - Authority of city planning commission.

The planning commission may grant variances to the regulations prescribed by this chapter with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities, in accordance with the procedure prescribed in this division.

(Code 1980, § 20-24.2; Ord. No. 84-08, A 24, § 2402)

Sec. 106-210. - Application and fee.

Application for a variance shall be made to the planning commission, accompanied by a fee as set by the city council, on a form prescribed by the planning commission which shall include the following data:

(1)

Name and address of the applicant;

(2)

Signature of the owner and a statement that the applicant is the owner of the property or is the authorized agent of the owner;

(3)

Address and legal description of the property;

(4)

A concise statement of the precise nature of the variance requested, showing the practical difficulty or unnecessary physical hardship that is inconsistent with the objectives of the zoning ordinance (this chapter), together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in section 106-214;

(5)

The application shall be accompanied by a site plan which shall comply with the provisions of division 4 of this article;

(6)

The application shall be filed with the secretary of the planning commission and shall be considered by the planning commission within 60 days following the filing date. The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered, and he may give notice of the time to any other interested party.

(Code 1980, § 20-24.3; Ord. No. 84-08, A 24, § 2403)

Sec. 106-211. - Hearing and notice.

The planning commission shall hold a public hearing in accordance with the provisions of sections 106-128 and 106-129.

(Code 1980, § 20-24.4; Ord. No. 84-08, A 24, § 2404)

Sec. 106-212. - Public hearing procedure.

At a public hearing, the planning commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in section 106-214.

(Code 1980, § 20-24.5; Ord. No. 84-08, A 24, § 2405)

Sec. 106-213. - Investigation and report.

The secretary to the planning commission shall make an investigation and shall prepare a report thereon in accordance with the provisions of section 106-130.

(Code 1980, § 20-24.6; Ord. No. 84-08, A 24, § 2406)

Sec. 106-214. - Action of the planning commission.

(a)

The planning commission may grant a variance to a regulation prescribed by this division as applied for or in a modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes all the following findings:

(1)

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance (this chapter).

(2)

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

(3)

That strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

(4)

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

(5)

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(b)

The planning commission may grant a variance to a regulation prescribed by this division with respect to off-street parking facilities or off-street loading facilities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the commission makes the findings prescribed in subsection (a) of this section and the following additional findings:

(1)

That the granting of the variances will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

(2)

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning ordinance (this chapter).

(c)

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the planning commission may prescribe. The planning commission may deny a variance application.

(d)

A variance shall become effective upon the expiration of five working days following the date on which the variance was granted unless an appeal has been taken to the city council in accordance with section 106134.

(Code 1980, § 20-24.7; Ord. No. 84-85, A 24, § 2407; Ord. No. 86-06, § 38)

Sec. 106-215. - Lapse of variance.

A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless, by conditions of the variance, a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site, or the permit or entitlement is executed which was the subject of the variance application.

(Code 1980, § 20-24.8; Ord. No. 84-08, A 24, § 2408)

Sec. 106-216. - New application.

Following the denial of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance.

(Code 1980, § 20-24.9; Ord. No. 84-08, A 24, § 2409)

Secs. 106-217—106-240. - Reserved. DIVISION 6. - AMENDMENTS

As the general plan of the city is put into effect over the years, there will be a need for changes in district boundaries and other regulations of this chapter so as to accomplish the purpose and intent of this chapter. As the general plan is reviewed and revised periodically, other changes in the regulations of this chapter may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this section.

(Code 1980, § 20-25.1; Ord. No. 84-08, A 25, § 2501)

(a)

A change in the boundaries of any district may be initiated, if consistent with the general plan, by the city, an owner of the property or a majority of the property owners within the area for which a change of district

boundaries is proposed, or the authorized agent of the owner.

(b)

A change in boundaries of any district, or a change in district regulations, general provisions, exceptions, or other provisions of this chapter may also be initiated by action of the planning commission or city council.

(Code 1980, § 20-25.2; Ord. No. 84-08, A 25, § 2502)

Sec. 106-243. - Application and fee.

A property owner or his authorized agent desiring to change the zoning district boundaries in which his property is located shall file an application on a form prescribed by the secretary, which shall include the following data:

(1)

Name and address of the applicant.

(2)

Signature of the owner and a statement that the applicant is the owner of the property for which the change in district boundaries is proposed, or the authorized agent of the owner.

(3)

Address and legal description of the property.

(4)

The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site, showing the location of the streets and property lines which are the subject of the zone change request.

(5)

The application shall be accompanied by a fee set by a resolution of the city council.

(Code 1980, § 20-25.3; Ord. No. 84-08, A 25, § 2503)

Sec. 106-244. - Public hearing notice.

The planning commission shall hold a public hearing on each application for a change of district boundaries or district regulations, general provisions, exceptions or other provisions of this chapter within 60 days of the date when the application is filed and complete. Notice of public hearing shall be given by the secretary of the planning commission as follows:

(1)

If the amendment does not affect the permitted uses of real property, notice shall be published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days

prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the jurisdiction of the local agency. The notice shall include the information specified in Government Code § 65094. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable. Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation.

(2)

If the amendment does affect the permitted uses of real property:

a.

Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

b.

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

c.

Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

d.

The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

1.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

2.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection (2) or subsection (1) of this section is greater than 1,000, the planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

4.

If the notice is mailed or delivered pursuant to subsection (2)d.3 of this section, the notice shall also either be:

(i)

Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

(ii)

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

e.

The notice shall include the information specified in Government Code § 65094.

f.

In addition to the notice required by this subsection, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Code 1980, § 20-25.4; Ord. No. 84-08, A 25, § 2504; Ord. No. 85-20, § 5)

State Law reference— Similar provisions, Government Code §§ 65090, 65091, 65854.

The secretary to the planning commission shall make an investigation of an application and shall prepare a report thereon which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the commission and a statement supporting such recommendation.

(Code 1980, § 20-25.5; Ord. No. 84-08, A 25, § 2505)

Sec. 106-246. - Hearing.

(a)

At the public hearing the planning commission shall review the application or the proposal and may receive pertinent evidence as to why and how the proposed change is necessary to achieve the objectives of this chapter, and how or why the proposed change is consistent with the stated purposes and goals of the general plan, and for the zone classification proposed.

(b)

The commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in light of the fact that, under the provisions of this division, a change in district boundaries can be made conditionally.

(Code 1980, § 20-25.6; Ord. No. 84-08, A 25, § 2506)

Sec. 106-247. - Action of the planning commission.

(a)

Within 30 days following the completion of the public hearing, the planning commission shall make a specific finding in writing as to whether the change in district boundaries is required to achieve the objectives of this chapter and whether the change would be consistent with the purposes and intended application of the zone classification proposed. The commission shall either approve and recommend the enactment of the proposed amendment, and where appropriate, require contractual commitment and surety bonding to satisfy specified conditions, disapprove it, or recommend an alternative zoning district more restrictive than that proposed. The recommendation for each alternative zoning district shall constitute a disapproval of the district amendment originally proposed.

(b)

If the zone change or text amendment is approved by the planning commission, the commission shall transmit a report to the city council recommending that the application be granted, including a written statement of the reasons for the recommendation together with one copy of the application, resolution of the commission, all other data filed therewith, the minutes of the public hearing, and the report of the secretary to the planning commission. If the commission denies and recommends against the rezone application, the city council shall not be required to take further action unless appealed by the applicant or aggrieved party. Any aggrieved party may appeal the decision of the planning commission in accordance with section 106-134.

(Code 1980, § 20-25.7; Ord. No. 84-08, A 25, § 2507)

Sec. 106-248. - Conditional zoning exception.

(a)

Whenever an application is filed with the planning commission for a change in district boundaries, the planning commission or city council, in lieu of granting or denying said application, may grant to the applicant a conditional zoning exception which will permit said applicant (or his assignee) to develop or use said property in accordance with said application and the provisions of this subsection.

(b)

In filing an application, the applicant may request that the application be considered as a request for a conditional zoning exception.

(c)

If a change in zoning district boundaries is made conditional upon certain events taking place or conditions being fulfilled by the applicant, such events and conditions thus imposed upon the rezoning application must be made to fulfill public needs reasonably expected to result from the allowable uses and/or development of the property or to avoid circumstances adverse to the public health, safety, convenience or welfare. Such conditions shall relate to the special problems of the property if rezoned, such as vehicular or pedestrian access and traffic, grading or topography, drainage, water, sewer and other infrastructure utilities or the proposed physical developments affecting nearby properties.

(d)

Before a conditional zoning exception may be approved by the planning commission or granted by the city council, the commission or council may require the applicant to submit additional information relative to his proposal in the manner required in the filing of an application for a conditional use permit and site plan review.

(e)

The planning commission may approve and the city council may grant a conditional zoning exception subject to any of the conditions prescribed in division 3 or 4 of article II of this chapter.

(f)

Upon being granted a conditional zoning exception by the city, the applicant shall develop his property in accordance with applicable approved plans and conditions imposed under the provisions of this subsection and within a time fixed by the city council in granting said exception, or within one year from the date of the granting of the exception where another time is not fixed by the council, or with any extension of said period that may be granted when requested by the applicant.

(g)

Upon the development and use of property in accordance with the provisions of subsection (d) of this section, the district or part thereof for which the conditional zoning exception was granted shall thereupon the considered rezoned and established in accordance with the original application, or as set forth in the order made by city council at the time said zoning exception was granted.

(h)

In the event the applicant (or his assignee) fails to develop and use his property in accordance with the provisions of subsection (d) of this section, the application will be deemed to be in violation of the provisions of the zoning regulations.

(Code 1980, § 20-25.9; Ord. No. 84-08, A 25, § 2509)

Sec. 106-249. - Change of zone plan.

A change in a district boundary shall be indicated on the zone plan map with a notation of the date and number of the ordinance amending the plan.

(Code 1980, § 20-25.10; Ord. No. 84-08, A 25, § 2510)

Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

(Code 1980, § 20-25.11; Ord. No. 84-08, A 25, § 2511)

Secs. 106-251—106-278. - Reserved.

ARTICLE III. - PRECISE ZONE PLAN AND ZONE MAP

Sec. 106-279. - Adoption of the plan.

There is hereby adopted a precise zoning plan and zone map for the city.

(Code 1980, § 20-2.1; Ord. No. 84-08, A 2, § 201)

Sec. 106-280. - Purpose of the plan.

The purpose of this section is to provide for regulations for the systematic execution of the elements of the city general plan and for the physical development of the city.

(Code 1980, § 20-2.2; Ord. No. 84-08, A 2, § 202)

The city is hereby divided into zoning districts, as named and described in the following sections. The boundaries of said zoning districts shall be as shown upon the zoning maps of the city, an attested copy of which is attached hereto by reference and a permanent copy may be found in the office of the city clerk.

(Code 1980, § 20-2.3; Ord. No. 84-08, A 2, § 203)

Sec. 106-282. - Boundaries adopted; rules for construction when boundaries uncertain.

The boundaries of such zones as are shown upon the zoning maps or amendments thereto are adopted and the specific regulations as hereinafter set forth for each zone and the general regulations applicable herein are established and declared to be in effect upon all lands included with the boundaries of each and every zone as shown upon said zoning map. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

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

(2)

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

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (3) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(5)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in circumstances not covered by subsections (1) through (4) of this section, the planning commission shall interpret and determine the district boundaries. Where a street or alley is officially vacated or abandoned, the zone boundary shall be changed so as to include said vacated or abandoned street or alley in the same zone as the adjoining property to which it reverts.

(Code 1980, § 20-2.4; Ord. No. 84-08, A 2, § 204)

Sec. 106-283. - Uses permitted in zones.

No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved or used in any zone, as shown upon the official zone map, except in accordance with the regulations established by this division.

(Code 1980, § 20-2.5; Ord. No. 84-08, A 2, § 205)

(a)

The provisions of this chapter shall apply to and govern the use or maintenance or keeping of any land or other property in the city.

(b)

The city may be divided by the city council into parts, and each part may be subdivided into units, for the purposes of imposing or establishing zones and subzones on land or property. Such parts or units may be zoned and rezoned whenever the city council finds that public convenience, the general welfare or good zoning practice justifies such action, providing such change is consistent with the city's adopted general plan. The geographical boundaries of each part or unit shall be shown on a map, hereinafter referred to as a zoning map (or maps). A zoning map shall set forth the zone and subzone classification applicable to the land and property contained within the zoning boundary as shown on the map.

(Code 1980, § 20-2.6; Ord. No. 84-08, A 2, § 206)

Zone classifications existing prior to April 4, 1986, have been eliminated and replaced with new classifications on April 4, 1986. Any land or property subject to the prior zone classification has been reclassified to the following zone classification:

ZONE CLASSIFICATIONS

(Code 1980, § 20-2.7; Ord. No. 84-08, A 2, § 207; Ord. No. 86-06, § 1)

Sec. 106-286. - Prezoning of unincorporated territory.

Unincorporated territory may be prezoned by the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. Such prezoning shall be accomplished when the annexation request is presented to LAFCO (local agency formation commission) and will be effective upon completion of proceedings.

(Code 1980, § 20-2.8; Ord. No. 84-08, A 2, § 208)

Sec. 106-287. - Amendments to the zone plan.

Amendments to the zone plan shall be adopted in the manner provided for changing district boundaries as prescribed in division 6 of article II of this chapter and in accordance with the government code. The ordinance shall be attached to the map or maps affected and filed in the city clerk's office. The planning staff will, from time-to-time, incorporate the ordinance onto the base zoning maps of the city.

(Code 1980, § 20-2.9; Ord. No. 84-08, A 2, § 209)

Secs. 106-288—106-307. - Reserved. ARTICLE IV. - ZONING DISTRICT REGULATIONS[[2]]

Footnotes:

--- ( 2 ) ---

State Law reference— Zones authorized, Government Code § 65851.

DIVISION 1. - GENERALLY

Sec. 106-308. - RSP Recreation, Schools and Public Use District.

(a)

Purpose and intent. This section applies to the RSP Recreation, Schools and Public Use District. This district is intended primarily for application to those areas of the city where it is necessary and desirable to provide permanent open space, governmental and special district facilities, which are necessary to safeguard the health, safety and welfare of the people, and to provide spaces for the location and preservation of public school, cultural, police, fire and other governmental facilities and recreation sites.

(b)

Permitted uses.

(1)

Recreation areas, civic centers, parks, parkways, playgrounds, golf courses, primary and secondary schools, colleges, cemeteries and fairgrounds and areas of scenic, historic and cultural values and any necessary buildings incidental thereto.

(2)

Flood control channels and drainage ditches, water and gas reservoir distribution and pumping stations, irrigation ditches, settling and water recharge basins.

(3)

Any city, county state and special district facilities not inconsistent with this section.

(4)

Open space for public health and safety, including areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risk, areas required for the protection of water quality and water reservoirs, and the protection of residents from high noise areas.

(5)

Incidental and accessory structures and uses.

(c)

Conditional uses. Conditional uses may be added or deleted from time-to-time by the planning commission per section 106-16 and subject to the application for a conditional use permit per division 3 of article II of this chapter.

(d)

Site area. The minimum site area shall be 6,000 square feet unless the land was lawfully subdivided into a smaller area prior to the enactment of this chapter. In such case the existing lawfully divided lot shall suffice for minimum area.

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

Site plan review. No permitted or conditional use shall be permitted on any site in this district until a site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-3.21, 20-4.1—20-4.6; Ord. No. 84-08, A 4, §§ 401—406)

Sec. 106-309. - CI Civic and Institutional District.

(a)

Purpose and intent. This section applies to the CI Civic and Institutional District. This district is intended to provide sites for offices and other facilities used by government, public utilities, and for public and private health and welfare facilities. Further, it is the intent of this district to encourage the location of such facilities in close proximity to each other. This district is not intended to include schools, either public or private.

(b)

Permitted uses.

(1)

Public and private charitable institutions, hospitals, sanitariums.

(2)

Public and quasi-public uses of an administrative, public service or cultural including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police, fire-stations and other public buildings, structures and facilities, public playgrounds, park and community centers.

(c)

Conditional uses. Conditional uses may be added or deleted from time-to-time by the planning commission per section 106-16 and subject to the application for a conditional use permit per division 3 of article II of this chapter.

(d)

Site area. The minimum site area shall be 6,000 square feet unless the land was lawfully subdivided into a smaller area prior to the enactment of this chapter. In such case the existing lawfully divided lot shall suffice for minimum area.

(e)

Yard requirements, distance between structures, coverage, fences, walls and hedges. Yard requirements shall be determined by the planning commission during the site plan review process.

(f)

Site plan review. No use shall be permitted on any site in this district until a site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-4A.1—20-4A.6; Ord. No. 86-06, § 7)

Sec. 106-310. - UR Urban Reserve District.

(a)

Purpose and intent.

(1)

This section applies to the UR Urban Reserve District. This district is intended primarily for application to areas within urban limits of the general plan and which are designated by the general plan to be held in reserve for future urban expansion or which are in the vicinity of areas so designated, (i.e., rural density or estate density). Such areas are generally characterized by predominantly open uses of land and/or which, because of the lack of any clear trends for conversion to urban use, cannot be specifically zoned for urban use prior to the city's approval of definite proposals for urban development.

(2)

The application of this district will avoid problems associated with specific zoning of lands too far in advance of probable development, preserve the availability of lands required for future urban expansion,

allow limited conversion of such lands to very low-density urban use, and assist in the prevention of premature development of land where the full range of municipal-type services is not available.

(3)

The rezoning of land with the UR district to other appropriate district classifications would be undertaken only at such time as evidence of substantial development is available through urban uses and the required infrastructure to serve those uses is available.

(b)

Permitted uses.

(1)

A one-family dwelling in areas designated by the general plan as rural residential or estate density.

(2)

The following uses are permitted:

a.

Breeding, hatching, raising and fattening of poultry, fowl, birds, rabbits for domestic use, provided that such fowl or animal shall be limited in number to one per 2,000 square feet of site area.

b.

Keeping of bovine animals and horses; provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 40,000 square feet of site area.

The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution.

c.

There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

(c)

Conditional uses.

(1)

Boarding stables and riding stables of a commercial nature with no more than one adult animal for each 10,000 square feet of site.

(2)

Church and school uses.

(d)

Site area. The minimum site area shall be no less than 2½ gross acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage, width and depth. Each lot shall have not less than 300 feet of width/depth on a public or private street unless located on a knuckle or cul-de-sac. In this case, the front yard width scribed by the arc of the radius shall be no less than 200 feet.

(g)

Yard requirements. The front, rear, and side yard requirements for the main dwelling shall be no less than those specified in the R-1 district.

(h)

Site plan review. No conditional use shall be permitted on any site in this district unless the site plan review has been completed in accordance with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5.1—20-5.8; Ord. No. 84-08, A 5, §§ 501—508; Ord. No. 86-06, § 8; Ord. No. 86-26, § 1; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-311. - PA Primary Agriculture District.

(a)

Purpose and intent. This section applies to the PA Primary Agriculture District. To provide living areas which combine certain advantages of both urban and rural location by limiting development to very low-density concentration of one-family dwellings and permitting a limited number of animals to be kept for pleasure, hobbies, and of a commercial nature. This district is intended primarily for application of land in natural and scenic areas to:

(1)

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Keeping of bovine and equine animals; provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 10,000 square feet of site area. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

a.

One hog or pig per 10,000 square feet of area;

b.

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

c.

24 chickens per 10,000 square feet of area;

d.

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

e.

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops;

f.

Game preserves or refuges;

g.

One stand for the sale of agricultural products grown on the premises.

(c)

Uses permitted with a use permit. All land uses that are existing upon adoption of the ordinance from which this section is derived are considered legal conforming uses and do not need to acquire a conditional use permit.

(1)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes.

(2)

Commercial hog and pig farming.

(3)

Dairies.

(4)

Livestock feed yards, animal sale yards.

(5)

Kennels, veterinarians clinics for farm animals and livestock, but not for companion and exotic animals.

(6)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(7)

Art, craft, music and dancing schools.

(8)

Business, professional and trade schools or colleges.

(9)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(10)

Public airports and private landing strips.

(11)

Cemeteries, mausoleums, columbariums, and crematoriums.

(12)

Public utility buildings and public service or utility uses (transmission and distribution lines excepted), including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards, and parking lots.

(13)

Commercial stables, riding academies and hunting clubs.

(14)

Commercial aquaculture.

(15)

Game preserves and refuges.

(16)

Retail plant nurseries (indoor or outdoor), fruit and produce stands, commercial wood yards, including wood splitting.

(17)

Commercial mushroom farming.

(18)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(19)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(20)

Agricultural processing plants and facilities, including wineries, dehydrators, canneries and similar agricultural uses, including retail sales of agricultural products processed on the premises. Incidental activities such as fruit and vegetable packing, sizing, polishing, and the like, shall not be considered to be agricultural processing.

(21)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(22)

Guest houses.

(d)

Site area. The minimum site area shall be no less than five acres.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each lot shall have not less than 300 feet of frontage on a public or private street.

(g)

Lot width. The minimum lot width of each lot shall be no less than 300 feet.

(h)

Lot depth. The minimum depth of each lot shall be no less than 600 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-5A.1—20-5A.10; Ord. No. 84-08, A 6, §§ 603, 609, 610; Ord. No. 87-19, § 1; Ord. No. 92-10, § 6)

(a)

Purpose and intent. This section applies to the RA Residential Agriculture District. The residential agriculture district (RA) is hereby created. This district is intended to provide living areas combining certain advantages of both urban and rural location by limiting development to very low-density concentration of one-family dwellings and permitting a limited number of animals to be kept for pleasure, hobbies, and of a commercial nature. This district is intended primarily for application of land in natural and scenic areas to:

(1)

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

(2)

Permit agricultural pursuits which may not be harmonious and compatible with urban areas; and

(3)

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the RA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Keeping of bovine and equine animals, provided, however that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 10,000 square feet of site area. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other

building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

a.

One hog or pig per 10,000 square feet of area;

b.

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

c.

24 chickens per 10,000 square feet of area;

d.

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area;

e.

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops; or

f.

Equine boarding stables subject to requirements of subsection (b)(3) of this section.

(4)

Home occupations.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in the RA district with a conditional use permit:

(1)

One stand for the sale of agricultural products grown on the premises.

(2)

The raising, feeding, maintaining, and breeding of poultry, foul, rabbits, fur-bearing animals, and the like, for other than domestic purposes with the exception of slaughtering.

(3)

Kennels and veterinarian clinics.

(4)

Public and private nonprofit elementary schools, junior high schools, and colleges.

(5)

Art, craft, music and dancing schools.

(6)

Churches, public playgrounds, parks, community centers, libraries, museums, and similar uses and buildings.

(7)

Cemeteries, mausoleums, columbariums, and crematoriums.

(8)

Public utility buildings and public service or utility uses (transmission and distribution lines excepted), including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, power stations, transformer stations, service yards, and parking lots.

(9)

Equine riding academies.

(10)

Game preserves and refuges other than for migratory birds.

(11)

Wholesale nurseries and greenhouses for the indoor propagation and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, and similar crops.

(12)

Minor agricultural services which serve the immediate vicinity including blacksmithing, welding, small machinery repair, and the like.

(13)

Guest houses.

(d)

Dimensional minimums. The following minimum dimensions apply in the RA district:

(1)

Site area. The minimum gross site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

Lot frontage. Each lot shall have not less than 220 feet of frontage on a public or private street unless located on a knuckle or cul-de-sac. In this case the front yard width as scribed by the radius arc shall be no less than 140 feet.

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as otherwise provided.

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

a.

Front yard. The minimum front yard setback shall be 40 feet as measured from the front property line. On a cul-de-sac or knuckle lot the minimum front yard setback line shall be determined by scribing a straight line between two points located 40 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 30 feet.

b.

Rear yard. The minimum rear yard shall be 20 feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside the lot line on which the accessory structure is installed.

c.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the RA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5B.1—20-5B.5; Ord. No. 94-25, § 3; Ord. No. 94-05, §§ 3—6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 5, 2-3-2021)

Sec. 106-313. - CEH Country Estate District; 2½-acre minimum.

(a)

Purpose and intent.

(1)

This section applies to the CEH Country Estate District; 2½-acre minimum. This district is intended to provide living areas combining certain advantages of both urban and rural location by limiting development to very low density concentration of one-family dwelling and permitting a limited number of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

(2)

This district is intended primarily for application of land in natural and scenic areas to:

a.

Permit the opportunity of developing rural size parcels which, because of their size, cannot be economically accommodated within urban areas;

b.

Permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

c.

Ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CEH district.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with a conditional use permit. The following uses may be permitted in CEH district with a conditional use permit.

(1)

Keeping of bovine and equine animals provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 10,000 square feet of site area. The keeping of such fowl and animals shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes.

a.

One hog or pig per 10,000 square feet of area;

b.

Three goats or three sheep or three similar livestock per 10,000 square feet of area;

c.

24 chickens per 10,000 square feet of area;

d.

Ten ducks or ten rabbits or ten similar livestock per 10,000 square feet of area; or

e.

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops.

(2)

Public and quasi-public uses of an educational religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(3)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addicts or liquor addict cases.

(4)

Public uses of an administrative, recreational, public service or cultural type, including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums. The following minimums apply in the CEH district:

(1)

Site area. The minimum site area shall be no less than 2½ acres.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

Lot frontage. Each lot shall have not less than 220 feet of frontage on a public or private street unless located on a knuckle or cul-de-sac. In this case, the front yard width as scribed by the radius arc shall be no less than 140 feet.

(4)

Lot width. The minimum lot width of each lot shall be no less than 220 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 300 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

a.

Front yard. The minimum front yard setback shall be 40 feet as measured from the front property line. On a cul-de-sac or knuckle lot the minimum front yard setback line shall be determined by scribing a straight line between two points located 40 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 30 feet.

b.

Rear yard. The minimum rear yard shall be 20 feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside the lot on which the accessory structure is installed.

c.

Side yard. The minimum side yard setback on each side of a main building shall not be less than 20 feet on either side.

(e)

Site plan review. All uses in the CEH district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5C.1—20-5C.5; Ord. No. 94-05, §§ 7—11; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 6, 2-3-2021)

Sec. 106-314. - CHA Country Estate District; one-acre minimum.

(a)

Purpose and intent.

(1)

This section applies to the CHA Country Estate District; one-acre minimum. The CHA district is hereby created. This district is intended to provide living areas combining certain advantages of both urban and rural location by limiting development to very low density concentration of one-family dwelling and permitting a limited number of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

(2)

This district is intended primarily for application of land in natural and scenic areas to:

a.

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas; and

b.

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect safety and general welfare of people living on rural size parcels.

(b)

Permitted uses. The following uses are permitted in the CHA district:

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Uses permitted with conditional uses. The following uses may be permitted in the CHA district with a conditional use permit:

(1)

Keeping of equine animals provided, however, that there shall not be allowed on the premises more than one of any adult animal of the foregoing for each 20,000 square feet of site area. The keeping of such animals shall conform to all other provisions of law governing same, and no animals, stable, barn or corral shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation, or within 100 feet of the front lot line of the lot upon which it is located, or within 100 feet of any public park, school, hospital or similar institution.

(2)

Public and quasi-public uses of an educational religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(3)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addicts or liquor addict cases.

(4)

Public uses of an administrative, recreational, public service or cultural type, including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(5)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(6)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Dimensional minimums.

(1)

Site area. The minimum site area shall be no less than one acre.

(2)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(3)

Lot frontage. Each lot shall have not less than 110 feet of frontage on a public or private street unless located on a knuckle or cul-de-sac. In this case, the front yard width as scribed by the radius arc shall be no less than 70 feet.

(4)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(5)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(6)

Site density. Not more than one dwelling unit shall be permitted on each site.

(7)

Yard requirements.

a.

Front yard. The minimum front yard setback shall be 20 feet as measured from the front property line. On a cul-de-sac or knuckle lot the minimum front yard setback line shall be determined by scribing a straight line between two points located 20 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 15 feet.

b.

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside the lot on which the accessory structure is installed.

c.

Side yard. The minimum side yard setback on each side of a main building shall not be less than ten feet on either side.

(e)

Site plan review. All uses in the CHA district except a single-family dwelling and incidental residential uses shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-5D.1—20-5D.5; Ord. No. 94-05, §§ 12—14; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 7, 2-3-2021)

Sec. 106-315. - E-1 Estate Density District.

(a)

Purpose and intent.

(1)

This section applies to the E-1 Estate Density District. The purpose of this district is to provide living areas which combine certain advantages of both urban and rural location by limiting development of very lowdensity concentration of one-family dwelling and permitting a limited number of animals to be kept for pleasure or hobbies, free from activities of a commercial nature.

(2)

This district is intended primarily for application of land in natural and scenic areas to:

a.

Permit the opportunity of developing rural size parcels which because of their size cannot be economically accommodated within urban areas;

b.

To permit limited agricultural pursuits which may not be harmonious and compatible with urban areas; and

c.

To ensure the provisions and/or construction of at least those minimum physical improvements that are necessary to protect the safety and general welfare of people living on rural size parcels.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory buildings and structures located on the same parcel of land.

(3)

Home occupations.

(4)

The keeping of domestic animals as regulated by section 106-310(b).

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Public and quasi-public uses of an educational religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addicts or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type, including city, county, state, or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be no less than 40,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each lot shall have not less than 110 feet of frontage on a public or private street unless located on a knuckle or cul-de-sac. In this case, the front yard width as scribed by the radius arc shall be

no less than 70 feet.

(g)

Lot width. The minimum lot width of each lot shall be no less than 110 feet except as provided in section 106-315(f).

(h)

Lot depth. The minimum depth of each lot shall be no less than 150 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-6.1—20-6.10; Ord. No. 84-08, A 6, §§ 601—610; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 8, 2-3-2021)

(a)

Purpose and intent. This section applies to the E-2 Estate District. The purpose of this district is to provide living areas within the city where development is limited to low density concentrations of one-family residential units and where regulations are designed to accomplish the following:

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

To minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to service only one-family residential uses in accordance with the density standards of the general plan.

(5)

To combine certain of the advantages of the urban and rural locations by permitted limited numbers of animals and fowl to be kept for pleasure or hobbies that do not involve commercial nature.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes, for mental or drug addict or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county libraries, museums, art galleries, police and fire stations and other public buildings, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 10,000 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each lot shall have no less than 70 feet of frontage on a public street, unless located on a knuckle or cul-de-sac. In this case, the front yard width as scribed by the radius arc shall be no less than 50 feet.

(g)

Lot width. The minimum width of each lot shall be no less than 70 feet except as provided in this subsection.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7.1—20-7.10; Ord. No. 84-08, A 7, §§ 702—710; Ord. No. 86-06, § 9; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 9, 2-3-2021)

Sec. 106-317. - E-3 Estate District.

(a)

Purpose and intent. This section applies to the E-3 Estate District. The purpose of this district is to provide living areas within the city where development is limited to low-density concentrations of one-family residential units and where regulations are designed to accomplish the following:

(1)

To promote and encourage a suitable environment for family life.

(2)

To provide space for community facilities needed to complement various styles of urban life.

(3)

To provide areas for institutions which require a residential environment.

(4)

To minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to service only one-family residential uses in accordance with the density standards of the general plan.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county libraries, museums, art galleries, police and fire stations and other public buildings, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(d)

Site area. The minimum site area shall be 7,500 square feet.

(e)

Building height and coverage. Building height and coverage shall be as set forth in the R-1 district.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each lot shall be no less than 60 feet except as provided in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 110 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Yard requirements. The front, rear and side yards shall be no less than those set forth in the R-1 district.

(Code 1980, §§ 20-7A.1—20-7A.10; Ord. No. 86-06, § 10; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 10, 2-3-2021)

Sec. 106-318. - R-1 Single-Family Residential District.

(a)

One-family dwelling district. This section shall apply in the R-1 Single-Family Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Employee housing for six or fewer employees.

(7)

Residential care homes for six or fewer

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Residential care homes for seven to 14 persons.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

Site area. The minimum site area shall be 6,000 feet.

(f)

Lot frontages. Each site shall have no less than 60 feet of frontage on a public street, except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. Not more than one dwelling unit shall be permitted on each site.

(j)

Coverage. The maximum site area covered by structure, not including swimming pools, shall not exceed 60 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 20 feet unless located on a cul-de-sac or knuckle. In this case the minimum setback line shall be determined by scribing a straight line between two points located 20 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 15 feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

Side yard. There shall be a side yard on each side of a main building of not less than five feet on one side and not less than ten feet on the other side subject to the following conditions and exceptions:

a.

On a reversed corner lot, the street side yard shall not be less than one-half the required front yard of the adjoining key lot.

b.

Where a lot contains a pedestrian easement, all structures shall have a minimum side yard of five feet from the edge of the easement.

c.

Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.

d.

Any land lawfully subdivided prior to January 1, 1974 and having a lot frontage of less than 60 feet as specified in subsection (f) of this section shall not be required to comply with the requirement for a ten-foot side yard. In this case a five-foot side yard is the minimum requirement except as otherwise provided.

(Code 1980, §§ 20-8.1—20-8.12; Ord. No. 84-08, A 8, §§ 801—812; Ord. No. 86-06, §§ 11—13; Ord. No. 92-10, § 6; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, §§ 11, 12, 2-3-2021; Ord. No. 2405, § 3, 5-1-2024)

Sec. 106-319. - R-2 Low Density Multifamily Residential District.

(a)

Application. This section shall apply in the R-2 Low Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses.

(1)

Multifamily residential dwellings.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(3)

Home occupations.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Single-family dwellings.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, but not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have not less than 60 feet of frontage on a public street, except that sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 3,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 60 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 20 feet as measured from the front property line, with no parking permitted in the setback except on driveways which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located 20 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 15 feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

Side yard. The minimum side yard setback on each side of a main building shall not be less than five feet except that on the street side of corner lots there shall be a side yard of not less than ten feet.

(4)

Garages and carports. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.

(l)

Site plan review. All uses in the R-2 district except a single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-9.1—20-9.12; Ord. No. 84-08, A 9, §§ 901—912; Ord. No. 86-06, §§ 14—16; Ord. No. 91-12, § 4; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 21-01, § 13, 2-3-2021)

Sec. 106-320. - R-3 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-3 Medium Density Multifamily Residential District unless otherwise provided under this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a site plan review pursuant to division 4 of article II of this chapter.

(1)

Multifamily residential dwellings.

(2)

A one-family dwelling.

(3)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.

(4)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(5)

Home occupations.

(6)

Accessory dwelling units subject to the requirements of section 106-37.

(7)

Emergency shelters.

(8)

Employee housing.

(9)

Residential care homes for six or fewer.

(10)

Single room occupancy.

(11)

Supportive housing.

(12)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, but not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and

other public buildings, structures and facilities, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall have no less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 2,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 65 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 15 feet with no parking permitted in the setback except on driveways which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located 15 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 12 feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

Side yard. The minimum side yard setback on each side of a main building shall not be less than five feet except that on the street side of corner lots there shall be a side yard of not less than ten feet.

(4)

Garages and carports. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.

(l)

Site plan review. All uses in the R-3 district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-10.1—20-10.12; Ord. No. 84-08, A 10, §§ 1001—1012; Ord. No. 86-06, §§ 17—19; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 4; Ord. No. 21-01, § 14, 2-3-2021; Ord. No. 2405, § 4, 5-1-2024)

Sec. 106-321. - R-4 Medium Density Multifamily Residential District.

(a)

Application. This section shall apply to the R-4 Medium Density Multifamily Residential District unless otherwise provided in this Code.

(b)

Permitted uses. The following uses may be permitted subject to the application for a conditional use permit per division 4 of article II of this chapter.

(1)

A one-family dwelling.

(2)

Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure area both located on adjacent lots which meet minimum area requirements.

(3)

Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.

(4)

Home occupations.

(5)

Accessory dwelling units subject to the requirements of section 106-37.

(6)

Emergency shelters.

(7)

Employee housing.

(8)

Residential care homes for six or fewer.

(9)

Single room occupancy.

(10)

Supportive housing.

(11)

Transitional housing.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.

(2)

Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, but not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.

(3)

Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.

(4)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks.

(5)

Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.

(6)

Lodges, social halls, fraternal organizations operated by a nonprofit organization.

(7)

Mobilehome parks.

(8)

Parking lots.

(9)

Bed and breakfast inns.

(10)

Residential care homes for seven to 14 persons.

(d)

Site area. The minimum site area shall be 6,000 square feet.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot frontage. Each site shall not have less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.

(g)

Lot width. The minimum lot width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width.

(h)

Lot depth. The minimum depth of each lot shall be no less than 100 feet.

(i)

Site density. The minimum site area per dwelling unit shall be 1,000 square feet.

(j)

Coverage. The maximum site area covered by structures shall not exceed 70 percent.

(k)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be ten feet with no parking permitted in the setback except on driveways, which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located ten feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than eight feet.

(2)

Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an

accessory structure shall not fall outside of the lot on which the accessory structure is installed.

(3)

Side yard. The minimum side yard setback on each side of a main building shall not be less than five feet except that on the street side of corner lots there shall be a side yard of not less than ten feet.

(4)

Garages and carports. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.

(l)

Site plan review. All uses in the R-4 district except single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-11.1—20-11.12; Ord. No. 84-08, A 11, §§ 1101—1112; Ord. No. 86-06, §§ 20—22; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, §§ 5, 6; Ord. No. 21-01, § 15, 2-3-2021; Ord. No. 24-03, § 2, 3-20-2024; Ord. No. 24-05, § 5, 5-1-2024)

Sec. 106-322. - MH Mobilehome Parks District.

(a)

Purpose and intent.

(1)

This section applies to the MH Mobilehome Parks District. The purpose of this section is to provide for the inclusion of manufactured housing (mobilehomes) in mobilehome parks, as defined in Administrative Code title 25 and the Health and Safety Code; to be located within any residential district of the city upon the application and approval of a conditional use permit and site plan review pursuant to divisions 3 and 4 of article II of this chapter, respectively.

(2)

This article does not include those provisions of State of California law relating to the placement of mobilehomes in any residential district on permanent foundations, the standards for which are regulated outside the provisions of this section.

(b)

Site area. The minimum site area shall be not less than two gross acres. There shall also be no less than 2,500 square feet of area for each mobilehome space within the park.

(c)

Recreation area. In addition to the above site areas, a mobilehome park shall provide one or more recreation areas totaling not less than 5,000 square feet with the aggregate recreational area being no less than 200 square feet for each mobilehome space within the park, whichever is greater. Community recreational facilities located within a structure may be considered as part of the recreational public area requirements.

(d)

Park access. Mobilehome parks shall be designed so that each unit does not face a public street and shall not have direct access to such street. Vehicular access within the park and ingress/egress to the park shall be controlled by the provisions provided in the conditional use permit and site plan review process.

(e)

Accessory structures. No accessory structure for use by the occupants other than a carport, garden structure, storage building, sun or wind shelter shall be erected within a mobilehome space. No accessory structure shall be permitted to be placed or remain on any lot in a mobilehome park unless a mobilehome is first placed upon said lot.

(f)

Parking and internal circulation. Not less than two on-site parking spaces shall be provided for each mobilehome space and all internal streets shall be improved and paved so as to provide adequate turning radius and drainage; the design and specifications for such improvements to be subject to the approval of the city engineer. No less than one guest parking space for every five mobilehomes shall be provided and appropriately dispersed throughout the mobilehome park.

(Code 1980, §§ 20-12.1—20-12.6; Ord. No. 84-08, A 12, §§ 1201—1206)

Sec. 106-323. - RMH Residential Mobilehome District.

(a)

Purpose. This section applies to the RMH Residential Mobilehome District. The provisions of this section are intended to provide for single-family conventional mobilehomes to be placed on a lot and not necessarily required to be placed on permanent foundations.

(b)

Permitted uses.

(1)

Mobilehomes notwithstanding the provisions of subsection (f) of this section.

(2)

Any use permitted in the R-1 district with the exception of accessory dwelling units.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit as regulated by division 3 of article II of this chapter: any use listed as a conditional use in the R-1 district.

(d)

Site area, frontage, width, depth, and yards. The lot, site area, frontage, width, depth and yard requirements shall be no less than that provided in the R-1 district.

(e)

Density and coverage. Density and coverage shall be no less than that provided in the R-1 district.

(f)

Additional provisions. The following additional provisions shall apply:

(1)

Mobilehomes used as single-family dwellings shall be permitted only if the following criteria are met:

a.

The provisions of section 106-29 shall apply.

b.

Unless on a permanent foundation, the underneath area between ground level and the floor of the mobilehome shall be screened from view by an opaque skirt around the entire perimeter of the base of the mobilehome.

c.

Appliances of any type other than home heating or cooling equipment shall not be installed outside the mobilehome or accessory structures.

(Code 1980, §§ 20-13.5, 20-13.6; Ord. No. 84-08, A 13, §§ 1301—1306; Ord. No. 21-01, § 16, 2-3-2021)

Sec. 106-324. - Dwellings in all residential zones.

Except as provided, dwellings, including mobilehomes, in any residential zones shall meet the requirements of the respective zone and the following:

(1)

Each single-family dwelling shall contain not less than 480 square feet of building area and shall be at least 12 feet wide. Multiple-story, single-family dwellings shall have a ground floor containing not less than 480 square feet.

(2)

All single-family dwellings located on a lot permitting conventional single-family dwellings shall have a continuous concrete perimeter foundation or support system sufficient to support all loads of the structure including wind and seismic loads and shall be at least six inches above ground and/or at least 12 inches above median curb height.

(3)

Each single-family dwelling and attached garage shall have a roof with a minimum pitch of no less than 3:12. Room additions which are physically constrained to a flatter slope shall have the maximum available slope consistent with the approved roofing. Roof eaves on mobilehomes shall not be less than 16 inches. The community development director may allow less roof pitch when necessary to accommodate a recognized architectural style.

(4)

The roof and siding shall be nonreflective and not produce glare. Roofing and siding shall also have the appearance of an approved architectural style as determined by the community development director.

(5)

Appliances of any type other than home heating or cooling equipment shall not be installed outside the dwelling unit or accessory structure.

(Code 1980, § 20-13A; Ord. No. 92-10, § 5)

Sec. 106-325. - PO Professional Office District.

(a)

Purpose. This section applies to the PO Professional Office District. The PO district is intended to provide opportunities for the location of professional offices in close relationship to one another inside or outside of the commercial districts, to provide adequate space to meet the needs of such offices by providing adequate off-street parking and loading space and to protect office uses from noise and other disturbances not conducive to an office atmosphere, and to encourage the full development of properties which lie in the transition area between residential and nonresidential districts and which cannot be included practically within residential districts.

(b)

Permitted uses.

(1)

Offices which deal primarily in professional services in which goods, wares, merchandise are not commercially created, sold or exchanged for the private market, including medical offices, hospitals, engineering, architectural planning and landscape consulting, law, accounting, bookkeeping, banking and brokerage offices, travel agencies, medical and dental laboratories and clinics, not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addiction cases.

(2)

Local, state and federal government facilities that supply various services to the public at large; radio and television stations.

(3)

Prescription pharmacies in connection with medical office buildings, clinics or hospitals.

(4)

Public and private charitable institutions, but not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addiction cases.

(5)

Research and development engineering firms whose scientific and/or engineering investigation leads to the manufacturing of new material or equipment including the making of prototypes, but not including the manufacture of such material or equipment.

(6)

Accessory structures located on the same site as a permitted use.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Churches, manses and other religious institutions.

(2)

Public uses of a cultural type including libraries, museums, art galleries and other similar structures and facilities.

(3)

Any use permitted in the R-1, R-2, R-3 and R-4 districts, and if granted shall meet the setback requirements of that district.

(4)

Mortuaries.

(5)

Electrical transmission and distribution substations, gas regulator stations, communication equipment and transmitting stations, public service pumping stations and/or elevated pressure tanks.

(6)

Health clubs.

(7)

Heliports and helipads.

(8)

Restaurants.

(9)

Metal buildings.

(10)

Bed and breakfast inns.

(d)

Building height. Building height shall not exceed 35 feet.

(e)

Site area and frontage. The minimum site area for the PO district shall be 10,000 square feet with no less than 80 feet of frontage on a dedicated and improved public street, except that the sites which front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(f)

Lot depth and width. The minimum depth of each site shall be no less than 100 feet. The minimum width of each lot shall be no less than 80 feet except as noted in subsection (e) of this section.

(g)

Lot coverage. The maximum area covered by structures shall be no more than 65 percent of the site area.

(h)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be 15 feet.

(2)

The minimum side and rear yards shall be as follows:

a.

Where a lot abuts the side or rear yard of a lot in any R District, the side or rear yard shall be no less than ten feet for each story of the main structure.

b.

The street side of a corner lot shall be five feet except that where a reverse corner lot rears upon a lot in any R district, the side yard on the street side shall not be less than 50 percent of the front yard required on the key lot.

c.

In all other cases, a side or rear yard is not required provided there is an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a setback as required in subsections (h)(1) and (2) of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, rain gutters and eaves may extend up to 36 inches into a required yard. No building or projection thereof may extend into a utility easement or public right-of-way nor shall the dripline of any structure fall outside of the lot on which it is located.

(i)

Site plan review. All uses in the PO district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.

(Code 1980, §§ 20-14.1—20-14.9; Ord. No. 84-08, A 14, §§ 1401—1409; Ord. No. 86-06, § 23; Ord. No. 86-36, § 1; Ord. No. 89-16, § 4; Ord. No. 91-12, § 7)

Sec. 106-326. - CN Neighborhood Commercial District.

(a)

Purpose. This section applies to the CN Neighborhood Commercial District. The CN district is intended primarily to provide the retail goods and services required to meet the needs of local residents of one or more neighborhoods with such business activities conducted entirely within an enclosed building except the accessory use of outside gasoline service in conjunction with a permitted use.

(b)

Permitted uses.

(1)

Any local retail business or service establishment such as grocery, fruit and vegetable stores, bakery, drugstore, barber and beauty shops, florists, laundromats, drive-thru dairies, clothes cleaning and dyeing, variety store, hardware stores, which supply services and commodities for residents of a neighborhood.

(2)

Restaurants, cafes and soda fountains, not including entertainment or dancing or sale of alcoholic beverages for consumption on the premises.

(3)

Business, professional (not research and development) and medical offices. Accessory structures and uses customarily appurtenant to the permitted use such as incidental storage facilities.

(c)

Conditional uses. The following uses may be permitted in accordance with the provisions of division 3 of article II of this chapter.

(1)

Sale of alcoholic beverages for consumption on premises in establishments where the primary function is the sale of food, such as a restaurant, pizza parlor, etc.

(2)

Drive-thru restaurants.

(3)

Public and quasi-public uses appropriate in a CN district.

(4)

Social halls, lodges, fraternal organizations, and clubs.

(5)

Gasoline pumps when in conjunction with mini-marts.

(6)

Metal buildings.

(d)

Site area and frontage. The minimum site area for the CN district shall be no less than 6,000 square feet with no less than 60 feet of frontage on a public street.

(e)

Building height. Building height shall not exceed 35 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The front yard setback shall be no less than ten feet.

(2)

The minimum side or rear yard setback shall be as follows:

a.

Where a CN district lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

b.

The street side of a corner lot shall be five feet except that where a reverse corner lot rears upon a lot in any R district, the side yard on the street side shall not be less than 50 percent of the front yard required on the key lot.

c.

In all other cases, a side or rear yard is not required provided there is a common wall or an easement on the adjacent lot to allow maintenance along the zero lot line.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a setback as required in subsections (g)(2)a and b of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, rain gutters and eaves may extend up to 36 inches into a required yard. No building or projection thereof may extend into a utility easement or public right-of-way nor shall the dripline of any structure fall outside of the lot on which it is located.

(h)

Site plan review. All uses in the CN district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-15.1—20-15.8; Ord. No. 84-08, A 15, §§ 1501—1508; Ord. No. 86-06, § 25; Ord. No. 89-16, § 5)

Sec. 106-327. - CG General Commercial District.

(a)

Purpose.

(1)

This section applies to the CG General Commercial District. The CG district is intended primarily to serve as the central trading district of the city along major arterials. This zone provides the accommodations for the sales of commodities, performance of services, repair facilities, wholesale and retail distribution of goods and services that are conducted entirely indoors. Parking, auto sales, nurseries, service stations, mobilehome sales and large vehicular equipment such as used in farming, trucking and open storage which is completely screened from view by a block wall are excluded from the provisions of being conducted entirely indoors.

(2)

Additionally, one live/work or manager/caretaker dwelling unit per legal, conforming lot and attached to a permitted use as specified in section 106-326(b) may be permitted for upon ministerial site plan review in compliance with the provisions of this chapter.

(b)

Permitted uses. Any use permitted in the CN district and PO district plus the following:

(1)

Addressograph services;

(2)

Apparel stores;

(3)

Appliance stores;

(4)

Art and antique stores;

(5)

Art and craft schools and colleges;

(6)

Art galleries;

(7)

Art supply stores;

(8)

Auction rooms;

(9)

New and used automobile, motorcycle and boat sales rooms and service incidental thereto;

(10)

Automobile parts supply stores;

(11)

Automobile service stations;

(12)

Bakeries;

(13)

Banks;

(14)

Bars, cocktail lounges and nightclubs;

(15)

Bicycle shops;

(16)

Blueprint and photocopy shops;

(17)

Book stores and rental libraries;

(18)

Bowling alleys;

(19)

Bus depots and transit stations;

(20)

Business, professional and trade schools and colleges;

(21)

Camera shops, photographic supplies and photography studios;

(22)

Card rooms;

(23)

Car washes;

(24)

Catering shops;

(25)

Clothing and costume rental establishments;

(26)

Communications equipment buildings;

(27)

Confectionery and ice cream stores;

(28)

Department stores;

(29)

Dry goods stores;

(30)

Minor electrical and electronic equipment sales and service;

(31)

Escrow offices;

(32)

Farm equipment sales and services;

(33)

Financial institutions;

(34)

Florists;

(35)

Frozen food lockers;

(36)

Furniture stores; (37) Garden shops and nurseries; (38) Gift, novelty or souvenir shops; (39) Glass shops; (40) Grocery stores; (41) Gunsmith shops;

(42)

Gymnasiums and health clubs; (43) Hardware stores;

(44)

Health food stores;

(45) Hobby stores;

(46)

Home furnishings;

(47)

Home improvement centers;

(48)

Hotels, motels and apartment hotels;

(49)

Ice cream and confectionery stores;

(50)

Interior decorating shops;

(51)

Jewelry stores;

(52)

Leather goods and luggage stores;

(53)

Lending agencies;

(54)

Linen supply services;

(55)

Live/work use;

(56)

Locksmith;

(57)

Manager/caretaker use;

(58)

Medical, dental and orthopedic clinics or laboratories;

(59)

Millinery shops;

(60)

Mobilehome sales;

(61)

Mortuaries;

(62)

Music and dance studios;

(63)

Office and business machine sales and services;

(64)

Paint and wallpaper stores;

(65)

Parcel delivery services;

(66)

Pawn shops;

(67)

Pet and bird stores;

(68)

Printing shops;

(69)

Public and private charitable institutions;

(70)

Radio and television broadcasting studios;

(71)

Restaurants, including drive-in restaurants, cafes, and outdoor cafes;

(72)

Scientific instrument stores;

(73)

Secretarial services;

(74)

Shoe stores, sales and repair;

(75)

Sign shops;

(76)

Small animal hospitals and veterinary offices with no outside animal runs;

(77)

Sporting goods stores, including incidental boat sales;

(78)

Sports arenas within buildings;

(79)

Stamp and coin stores;

(80)

Stationery stores;

(81)

Storage garages;

(82)

Tailor and dressmaking shops;

(83)

Telegraph offices;

(84)

Theaters and auditoriums;

(85)

Tire, battery and alignment services (not including large trucks);

(86)

Tobacco shops;

(87)

Travel bureaus;

(88)

Upholstery shops;

(89)

Variety stores.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

(1)

Automobile rental agencies.

(2)

Electrical transmission or distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations.

(3)

Churches and other religious institutions.

(4)

Amusement centers and arcades.

(5)

Lodges, social halls, fraternal organizations and clubs.

(6)

Adult entertainment business as regulated by chapter 9.

(7)

Cabinet shops.

(8)

Plumbing and sheet metal shops.

(9)

Heliports and helipads.

(10)

Schools and day care centers.

(11)

Mini-storage warehouse complexes.

(12)

Metal buildings.

(13)

Pest control businesses, provided the business does not include any on-site storage of pesticides and chemicals.

(d)

Site area and frontage.

(1)

The minimum site area for the CG district shall be no less than 10,000 square feet, with no less than 80 feet of frontage on an existing or planned secondary arterial and no less than 100 feet of frontage on an existing or planned primary arterial.

(2)

Minimum parcel size in a designated common parking area in the CG district. The minimum lot frontage for a common parking area shall be 100 feet, and the minimum parcel depth shall be 100 feet with a minimum area of 20,000 square feet. The minimum site area for a parcel of land in the CG district shall be 3,000 square feet with a minimum frontage of 60 feet and minimum lot depth of 100 feet with a designated common parking area.

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 100 feet.

(g)

Yard requirements.

(1)

The minimum front yard shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side or rear yards shall be as follows:

a.

Where a general commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

b.

The street side of a corner lot shall be five feet except that where a reverse corner lot rears upon a lot in any R district, the side yard on the street side shall not be less than 50 percent of the front yard required on the key lot.

c.

In all other cases, a side or rear yard is not required.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a five-foot setback as required in subsections (g)(2)a and b of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, rain gutters and eaves may extend up to 36 inches into a required yard. No building or projection thereof may extend into a utility easement or public right-of-way nor shall the dripline of any structure fall outside of the lot on which it is located.

(h)

Site plan review. All uses in the CG district shall comply with division 4 of article II of this chapter.

(i)

Development guidelines for live/work or manager/caretaker units. Development of permitted residential uses (manager/caretaker live/work dwelling units shall enhance the diversity section and safety of mixeduse and built form through compatibly designed infill. Conversions and additions to establish live/work uses utilizing appropriate commercial amenities, building materials, and landscaping in a high-quality environment is the overall goal, and shall be developed as follows:

(1)

Dwelling units located above commercial uses on the main floor shall have access at grade which is separate from the commercial component.

(2)

A maximum of one manager/caretaker dwelling unit shall be located per legal parcel.

(3)

Two off-street parking spaces shall be required per live/work or manager/caretaker unit.

(4)

A maximum of 50 percent of the gross floor area with a maximum of 1,250 square feet of all commercial development on the parcel shall be devoted to a residential dwelling unit.

(5)

Residential uses in the General Commercial Zone shall consist of only a manager/caretaker or live/work type dwelling unit as defined in section 106-2.

(6)

A permanent commercial use as permitted in section 106-2 shall be established on a parcel prior to a permitted manager/caretaker dwelling unit being established. No residential use shall be established prior to establishment of a commercial use.

(7)

A manager/caretaker or live/work residence shall not be permitted in conjunction with conditionally permitted uses as specified in section 106-3. Further, for health, safety and general welfare purposes, manager/caretaker or live/work residence shall not be permitted within 300 feet where hazardous materials dispensed and shall not be located on parcels accommodate bars, cocktail lounges, nightclubs or adult oriented businesses.

(Code 1980, §§ 20-16.1—20-16.9; Ord. No. 84-08, A 16, §§ 1601—1608; Ord. No. 87-09, § 1; Ord. No. 8606, §§ 26—28; Ord. No. 88-03, § 3; Ord. No. 89-16, § 6; Ord. No. 92-03, § 3; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-328. - CS Service Commercial District.

(a)

Purpose. This section applies to the CS Service Commercial District. The purpose of this section is to provide for heavy commercial land uses along major arterial streets where a mixture of commercial/light industrial type activities has or is expected to occur. This designation accommodates those heavy commercial land uses generally not appropriate to the general commercial area. It is intended to attract both indoor commercial uses and some selected outdoor uses which are compatible with existing or future adjoining activities. It is further meant to serve in some cases as a buffer zone between more restrictive commercial, industrial and residential areas, and to screen residential areas from noises generated by the city's transportation corridors. It is intended that this district be used in appropriate locations along select major arterial streets such as West Inyokern Road and East Ridgecrest Boulevard in such a manner as to enhance the entrances to the city. All uses wherein the open storage of appropriate materials is required

shall provide for the screening of such materials from the public view by an opaque fence of no less than six feet in height.

(b)

Permitted uses.

(1)

All uses permitted in the CG district;

(2)

Ambulance service;

(3)

Auto body and fender repair and painting;

(4)

Auto repairing, overhauling and rebuilding;

(5)

Bottling plants;

(6)

Building material yards;

(7)

Cabinet shops;

(8)

Carpenter shops;

(9)

Cold storage plants;

(10)

Columbariums and crematoriums;

(11)

Contractor storage yards;

(12)

Dairy product plants;

(13)

Drapery laundry and supply services;

(14)

Drive-in theaters;

(15)

Major electrical repair shops;

(16)

Equipment rental yards;

(17)

Exterminator shops;

(18)

Freight forwarding terminals;

(19)

Furniture warehouses and moving van services;

(20)

Heating, ventilation, and air conditioning shops;

(21)

Kennels and small animal boarding facilities located not closer than 500 feet from a more restrictive district unless conducted entirely indoors;

(22)

Lumber yards not including sawing or planing mills;

(23)

Machinery sales, rental and service;

(24)

Plumbing and sheet metal shops;

(25)

Research and development facilities;

(26)

Service stations primarily related to truck service and repair (truck terminals);

(27)

Small animal hospitals, clinics and veterinary offices;

(28)

Storage yards for commercial vehicles;

(29)

Taxidermists;

(30)

Tire sales in conjunction with retreading and recapping;

(31)

Mobilehome sales and services need not be screened by a solid fence;

(32)

Warehouses except for the storage of large amounts of fuel, flammable liquids, toxic material or explosives;

(33)

Welding shops.

(c)

Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter:

(1)

Auto recycling yards;

(2)

Automobile rental agencies;

(3)

Churches and other religious institutions;

(4)

Lodges, social halls, fraternal organizations and clubs;

(5)

Amusement centers and arcades;

(6)

Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks;

(7)

Junkyards;

(8)

Schools and day care centers;

(9)

Watchman's quarters.

(d)

Site area and frontage.

(1)

The minimum site area shall be no less than 20,000 square feet with no less than 80 feet of frontage on an existing or planned secondary arterial and no less than 100 feet of frontage on an existing or planned primary arterial.

(2)

Minimum parcel size in a designated common parking area in the CS district. The minimum lot frontage for a common parking area shall be 100 feet, and the minimum parcel depth shall be 100 feet with a minimum area of 20,000 square feet. The minimum site area for a parcel of land in the CS district shall be 3,000 square feet with a minimum frontage of 60 feet and minimum lot depth of 100 feet within a designated common parking area.

(e)

Building height. Building height shall not exceed 60 feet.

(f)

Lot depth. The minimum lot depth shall be no less than 200 feet.

(g)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet except when a greater setback is found necessary during site plan review.

(2)

The minimum side and rear yards shall be as follows:

a.

The street side of a corner lot shall be five feet except that where a service commercial lot abuts a side or rear yard of any R district, the side or rear yard shall be no less than ten feet.

b.

Where a reverse corner lot rears upon a lot in any R district, the side yard on the street shall be no less than 50 percent of the front yard required on the key lot.

c.

In all other cases, no side or rear yard is required.

(3)

There are some areas of the city where there are physical and practical difficulties in providing a five foot setback as required in subsections (g)(2)a and b of this section. In such cases the planning commission may reduce the required setback to not less than the setback required on the adjoining parcels.

(4)

The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, rain gutters and eaves may extend up to 36 inches into a required yard. No building or projection thereof may extend into a utility easement or public right-of-way nor shall the dripline of any structure fall outside of the lot on which it is located.

(h)

Site plan review. All uses in the CS district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-17.1—20-17.8; Ord. No. 84-08, A 17, §§ 1701—1708; Ord. No. 86-06, §§ 29—31; Ord. No. 87-09, § 2; Ord. No. 88-03, § 4)

Sec. 106-329. - M-1 Light Industrial District.

(a)

Purpose.

(1)

This section applies to the M-1 Light Industrial District. The purpose of this section is to encourage and achieve appropriately located limited and small scale industrial uses for the assembly, fabrication, manufacturing and processing of goods, retailing and administrative activities, wholesaling, storage, warehousing, limited food processing, research and development, company offices, repair of serviceoriented facilities and truck and rail facilities.

(2)

The area designated for industrial uses on the general plan provide opportunities for certain types of industrial uses to concentrate in mutually beneficial relationships to each other. It also provides adequate land area to meet the needs of modern industrial development that does not intrude into other noncompatible urban uses.

(b)

Permitted uses.

(1)

All uses permitted in the CS district.

(2)

Any kind of manufacture, compounding, storing, warehousing, assembling, processing, sales and service or treatment of products other than that which produces or may tend to produce, use, cause, or otherwise emit fumes, odor, dust, smoke, involve toxic materials, gas, noise or vibration that are or may be detrimental to properties and uses in the neighborhood or to the health and welfare of the occupants thereof or the city in general. When, in the opinion of the planning director, a proposed use does not fit the above general description, the matter will be referred to the planning commission for interpretation.

(3)

Animal hospitals, kennels and veterinary service located no closer than 500 feet from a more restrictive district unless conducted entirely indoors.

(4)

Office and retail stores and watchman living quarters incidental to and on the same site as the main use.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

Any uses not listed as permitted uses above, provided that, on the basis of the use permit application and the evidence submitted, the city planning commission makes the following findings in addition to the findings prescribed under conditional use permits:

a.

That consideration of all determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the uses listed as permitted with respect to methods of operation, type of process, materials, equipment, structures, storage and appearances.

b.

If the use involves nuisance or hazardous characteristics, that the application include sufficient evidence to indicate that special devices, construction or site design are planned to eliminate the nuisance or hazardous characteristic normally attendant to operation of the use.

c.

In order to make the necessary findings, the commission may require submission of technical reports by consultants or other evidence in addition to the date described in the conditional use permit. This date, if so required, will be the basis for granting or denying the application for a conditional use permit. The commission is required to make appropriate findings in granting or denying the conditional use permit.

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall not be less than 10,000 square feet.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those lots that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 100 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or professional office district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be require during site plan review.

(k)

Site plan review. All uses in the light industrial (M-1) district shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-18.1—20-18.11; Ord. No. 84-08, A 18, §§ 1801—1811; Ord. No. 86-06, § 32)

Sec. 106-330. - M-2 Heavy Industrial District.

(a)

Purpose. This section applies to the M-2 Heavy Industrial District. The purpose of this district is to provide an area in the city for normal operations of almost all industries that are heavier than those permitted in the M-1 district and basically not compatible with residential and commercial uses. It excludes (unless effective mitigation measures are in place) offensive or unhealthful uses that involve creation or emission of dust, gas, smoke, fumes or other air pollutants, noises, vibration, liquid or solid wastes, uses that created undue traffic congestion, radioactivity, glare, fire, explosive hazard or other conditions that can conceivably affect overall health and safety of the residents of the city.

(b)

Permitted uses.

(1)

All uses permitted in the M-1 district;

(2)

Ordnance and accessories manufacturing;

(3)

Textile mill production;

(4)

Lumber and wood production such as sawmills;

(5)

Paper and allied production such as paper mills;

(6)

Chemicals and allied production;

(7)

Petroleum refining and related industries; asphalt paving mixtures and blocks, felts and coatings;

(8)

Rubber and miscellaneous plastic production;

(9)

Processing leather and production of leather goods;

(10)

Stone, clay, and glass production;

(11)

Fabricated metal production; as in heavy metal stamping mills;

(12)

Transportation equipment manufacturing;

(13)

Motor vehicle wrecking and scrap metal yards provided the facility is enclosed by a solid wall not less than six feet high.

(c)

Conditional uses. The following uses may be permitted pursuant to division 3 of article II of this chapter.

(1)

All uses listed as conditional uses in the CS district and M-1 district.

(2)

The following uses and other uses which involve nuisances, dangers of fire of explosion or other hazards to health and safety require special consideration by the planning commission relating to public health, safety and welfare. The commission may require submission of reports by technical consultants or other evidence in addition to the date prescribed in division 3 of article II of this chapter. This data, if required, will be the basis for granting or denying the application for a conditional use permit.

a.

Cement, lime, gypsum and plaster of Paris manufacture;

b.

Charcoal, lampblack and fuel briquettes manufacture;

c.

Chemical products manufacture, including acetylene, aniline dyes, ammonia, carbide, caustic soda cellulose, chlorine, cleaning and polishing preparation, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton and other materials, nitrates of an explosive nature, potash, pyroxlin, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids;

d.

Coal, coke and tar products manufacture;

e.

Dumps and slag piles;

f.

Fertilizer manufacture;

g.

Film manufacture;

h.

Fish products processing and packaging;

i.

Gas manufacture or storage;

j.

Gelatin, glue size and tallow manufacture from animal or fish refuse;

k.

Incineration or reduction of garbage, offal and dead animals;

l.

Insecticides, fungicides, disinfectants and similar agricultural, industrial, and household chemical compounds manufacture;

m.

Manure, peat and topsoil processing and storage;

n.

Metal and metal ores reduction, refining, smelting and alloying;

o.

Paint manufacture including enamel, lacquer, shellac, turpentine and varnish;

p.

Rolling mills and drop forges;

q.

Soap manufacture including fat rendering;

r.

Steam plants;

s.

Stock yards, stock feeding yards and slaughter houses;

t.

Stone quarries, gravel pits, and stone mills;

u.

Wood and bone distillation;

v.

Wood pulp and fiber reduction and processing.

(d)

Building height. Building height shall not exceed 60 feet.

(e)

Site area. The minimum site area shall be one gross acre.

(f)

Lot frontage. Each site shall have no less than 100 feet of frontage on a public street except those that front on a cul-de-sac or knuckle may have a frontage of not less than 70 feet.

(g)

Lot width. The minimum lot width shall be no less than 100 feet.

(h)

Lot depth. The minimum lot depth shall be 300 feet.

(i)

Coverage. The maximum site area covered by structures shall not exceed 75 percent.

(j)

Yard requirements.

(1)

Front yard. The minimum front yard setback shall be five feet.

(2)

The minimum side and rear yard abutting any residential or PO district shall be ten feet.

(3)

The street side of a corner lot shall be five feet.

(4)

No minimum side or rear yard is required except as provided above and as may be required during site plan review.

(k)

Site plan review. All uses in the M-2 Heavy Industrial District shall comply with division 4 of article II of this chapter.

(Code 1980, §§ 20-19.1—20-19.11; Ord. No. 84-08, A 19, §§ 1901—1911; Ord. No. 86-06, § 33)

Secs. 106-331—106-341. - Reserved.

DIVISION 2. - PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT

Sec. 106-342. - Purpose and intent.

This division applies to the PUD Planned Unit Development Overlay District. This section is intended to allow diversification in the relationship of various land uses, buildings, structures, lot sizes, setbacks, open space and subsequent design. The planned unit development, hereinafter sometimes "PUD," provides an integrated development by offering the opportunity for cohesive design when flexible regulations are applied. It offers the opportunity to provide a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict application and

adherence to the other provisions of this Code. In all instances, however, the planned unit development shall conform in all respects with the general plan. A planned unit development normally consists of individually owned lots together with common areas (open space, recreation and sometimes street improvements), which are owned in common by the lot owners.

(Code 1980, § 20-23.1; Ord. No. 88-12, § 3)

Sec. 106-343. - Application and fee.

(a)

The following information shall be supplied by the applicant for a PUD:

(1)

A preliminary development plan, drawn to a reasonable scale on 24-inch by 36-inch standard sheets, which shall indicate:

a.

The proposed use or uses of all land within the subject area and the conceptual architectural design of all typical buildings and structures proposed in the development.

b.

A circulation plan for all vehicular or pedestrian ways.

c.

Landscaping, parking, and recreation areas, and other proposed common or open space areas.

d.

General indication of drainage and utility provisions to serve the development.

e.

Location and type of all proposed and existing structures, and indicating the location of all known and proposed easements.

(2)

A statement of reasons for including, in part or whole, any commercial, office, or other nonresidential uses in the development.

(3)

A statement concerning any public or quasi-public, recreational and educational areas within the development, including anticipated financing, development and maintenance.

(4)

Approximate location and number of dwelling units.

(5)

A statement indicating how and why the proposed development conforms to the general plan.

(6)

A statement requesting the overlay signed by the owner (in fee) of the subject land and the owner of any option to purchase the property or any portion thereof, if any.

(7)

Preliminary title report or other proof of ownership.

(b)

The city may initiate a PUD for a specific parcel or area without providing development plans when the purpose of such zone change is determined to serve the best interests of the city.

(c)

The application shall be accompanied by a fee set by a resolution of the city council.

(Code 1980, § 20-23.2; Ord. No. 88-12, § 3)

(a)

The community development director shall review the application with the applicant and appropriate city departments to determine whether the proposal meets the requirements of this section. When the proposal satisfies the general requirements of this section, the community development director shall schedule the proposal for hearing by the commission.

(b)

The commission shall conduct a duly noticed public hearing to consider the proposal. The notice shall be given and the hearing shall be conducted in the same manner as notices are given and hearings are conducted for zone amendments.

(c)

If the commission approves a proposal, the council shall conduct a duly noticed public hearing to consider the proposal. The notice shall be given and the hearing shall be conducted in the same manner as notices are given and hearings are conducted for zone amendments. The decision of the council shall be final.

(Code 1980, § 20-23.3; Ord. No. 88-12, § 3)

Sec. 106-345. - Required findings.

In approving and adopting the PUD application, the commission and the council shall find the following:

(1)

The applicant intends to start construction within two years from the effective date of the PUD;

(2)

The proposed planned unit development is in compliance with the general plan;

(3)

In the case of residential, commercial, and/or office development, that such development will constitute an urban environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood and community;

(4)

The development of a harmonious, integrated plan justifies exceptions from the normal application of this Code;

(5)

The conditions placed upon this development are necessary to achieve the purpose and intent of this Code.

(Code 1980, § 20-23.4; Ord. No. 88-12, § 3)

(a)

The final development plan for the PUD shall include the following minimum information:

(1)

A site plan showing location and general dimensions of all proposed streets, parking area, pedestrian ways, recreational and common use facilities, general landscaping features, and the locations, number of stories and number of dwelling units of proposed buildings.

(2)

Conceptual elevations or perspective drawings showing general architectural appearance of proposed buildings.

(3)

Preliminary plans of all proposed utilities, including, but not limited to, water, sewer, communications, power and natural gas.

(4)

Preliminary drainage plan providing engineering information to determine adequacy.

(5)

A general statement indicating planned phases and timing of implementation.

(6)

A general statement of proposed provisions for maintenance and operation of common facilities.

(b)

There is no minimum site area for a PUD.

(c)

A PUD shall include only those uses allowed as either permitted or conditional uses in the zoning district which the PUD overlays, subject to the following:

(1)

The number of dwelling units or commercial sites within the development does not exceed the number of dwelling units or commercial sites permitted by the underlying zoning;

(2)

The uses permitted by the PUD overlay are not more intensive than those permitted by the underlying zoning; and

(3)

Gross area may be used in determining the number of units per acre allowed under the PUD.

(d)

The minimum common open space, not including streets or parking, in a PUD shall be ten percent of the net site area used for industrial or commercial development, this area to be used for landscaping and walkways or 20 percent of the net site area used for multifamily residential or single-family condominium development, this area to be used for landscaping, walkways, and common recreational areas.

(e)

All roof-mounted heating and cooling equipment proposed for any commercial or industrial structure located within a PUD shall be screened from public view by a parapet or other structural feature designed to match other portions of the building.

(f)

Open area and density per dwelling unit shall be as shown on the final development plan for the PUD. The permitted number of dwelling units may be distributed without applying the regulations of the underlying zone or zones, provided the development shall conform with the requirements of the general plan.

(g)

All common areas, including open spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements as required by chapter 105 which are not dedicated and accepted, may be constructed only upon provision for preservation and future maintenance in a manner acceptable to the city.

(h)

All areas outside the property lines between sidewalks and the property lines shall be maintained through maintenance districts or deed restrictions to guarantee the perpetual maintenance of right-of-way landscaping. All documents must be referred to the city attorney and the planning commission for approval of their sufficiency.

(Code 1980, § 20-23.5; Ord. No. 88-12, § 3; Ord. No. 06-06, § 2)

Sec. 106-347. - Latitude of regulations.

The commission may require in the development plan standards, regulations, limitations, conditions and restrictions more restrictive than those specified elsewhere in this Code and which are designed to protect and maintain property values and community, including and relating to, but not limited to, the following:

(1)

Height limitations on buildings and structures;

(2)

Percent coverage of land by buildings and structures;

(3)

Parking ratios and areas so expressed in relation to use or various portions of the property and/or building floor area;

(4)

The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

(5)

Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan;

(6)

Construction of fences, walls and floodlighting of an approved design;

(7)

Limitations upon the size, design, number, lighting and location of signs and advertising structures;

(8)

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

(9)

Location and size of off-street loading areas and docks;

(10)

Uses of buildings and structure by general classification, and specific designation;

(11)

Architectural design of buildings and structures;

(12)

Schedule of time or phasing for construction and establishment of the proposed buildings, structures or land uses or any stage of development thereof;

(13)

Requirement of performance bonds to ensure development as approved, if deemed necessary by the commission;

(14)

Submit private deed restrictions, as approved by the department of real estate, that are necessary to ensure the continued viability and maintenance of the proposed development.

(Code 1980, § 20-23.6; Ord. No. 88-12, § 3)

Sec. 106-348. - Development plan modification.

(a)

The final development plan may be modified only by submitting an application and following the same procedure as is required in the initial review.

(b)

The city engineer and director may authorize minor modifications to an approved PUD, provided the modification is in substantial compliance with the approved final development plan.

(Code 1980, § 20-23.7; Ord. No. 88-12, § 3)

Sec. 106-349. - Termination of the PUD.

The applicant shall commence construction no later than one year from the effective date of the PUD. If construction has not been commenced, the PUD shall become null and void and the land use classification

shall revert to the designation in effect immediately before the PUD overlay. Extensions of time to commence construction may be granted by the commission with the approval of the council upon presentation of proof of substantial hardship that inhibits the commencement of the development. Any such extension shall not exceed two years.

(Code 1980, § 20-23.8; Ord. No. 88-12, § 3)

Secs. 106-350—106-364. - Reserved. ARTICLE V. - OFF-STREET PARKING

The following standards for off-street parking shall apply to new construction and when an existing building is altered or enlarged by the addition of floor space, dwelling units or guest rooms or where the use is otherwise intensified by a change in use, land area or seating capacity. These parking standards are required to accomplish the following:

(1)

To reduce traffic conflicts and congestion normally attributed to on-street parking and improve the overall maintenance and function of the street system;

(2)

To provide adequate and conveniently located parking spaces based upon realistic requirements for the district or land use to be served;

(3)

To improve the economic stability of the community;

(4)

To improve the appearance of the city.

(Code 1980, § 20-20.1; Ord. No. 84-08, A 20, § 2001)

(a)

Parking spaces shall have the minimum dimensions of nine feet by 20 feet, with a one-foot double stripe between spaces where required by adopted city standards. A recreation vehicle parking space shall have a minimum of ten feet in width and 24 feet in length.

(b)

Not more than 20 percent of the required parking spaces may be designed for compact automobiles. Every space so used shall be clearly marked as a compact space. The minimum dimensions for compact spaces

shall be 7½ feet by 15 feet, with a one-foot double stripe between spaces where required by adopted city standards. The net aisle width shall not be reduced.

(c)

Tandem parking spaces may be permitted but shall be limited to use by residents or employees of the facility and shall be so assigned. Tandem parking as may be permitted will be regulated by the site plan review process.

(d)

Net area. Coffee rooms, restrooms, hallways and mechanical rooms for heating and cooling shall not be used in calculating the required parking spaces unless otherwise stated as gross area. Where these areas are not known as in the case of a shell building, 15 percent of the gross square footage shall be deducted for the nonproductive use, the remainder of which shall be used to calculate the required parking.

(e)

When, after computing the number of parking spaces required, there appears a fractional requirement of one-half space or more, one additional parking space shall be required. If less than one-half, no additional space is required.

(f)

All parking for residential uses shall be on the same or adjacent lot, parcel or site. Parking for all other uses may be located no more than 500 feet from the subject area. Where the required off-street parking is provided for in this manner, a covenant, easement or other legal document acceptable to the approval authority shall be recorded for the benefit of the user prior to the use taking place.

(g)

Neither the side yard abutting a street or the front yard shall be used to meet the requirements for off-street parking purposes except in residential districts. Any use to the contrary requires a conditional use permit, per division 3 of article II of this chapter.

(h)

All parking areas shall be paved with Portland cement, concrete, asphalt or other appropriate approved material as established by the public works director. Four-inch curbing or wheel stops shall be provided around parking lots in all commercial, office, and industrial districts. Planters shall not drain into parking lots so as to accumulate mud or other unsightly residue.

(i)

The off-street parking provisions of this article may be waived by the planning director for unattended public utility facilities.

(j)

Parking spaces for persons with disabilities shall be provided in all parking lots in accordance with applicable state regulations.

(k)

In no event shall any parking provided pursuant to this article be situated in such a way that vehicles entering the parking area required by this article shall be required to back onto any street or thoroughfare in order to leave said property. This provision shall not be applicable to any private residence in an area zoned for private residences. On streets which have not been designated as major or secondary streets, the approval authority is granted the power to permit backing onto such streets for multiple dwellings where such backing will not create a serious or dangerous traffic hazard.

(l)

At the time any change in use takes place in the commercial, office or industrial districts, the parking space requirements of the new use shall be complied with prior to change of use if there is sufficient land available on the same lot or contiguous lots under the same ownership. If such change occurs in an existing building and creates a need for an increase in parking spaces by ten percent or more than exists on the site at the date of adoption of the ordinance from which this article is derived such increase in

parking facilities shall be provided on the basis of the increased requirements for the new use except that if the change in use creates the need for two or less parking spaces, no additional parking spaces shall be provided, except as follows: In the event a change in use takes place on an improved parcel of land on which no previous parking was provided and there is no area on which to supply such parking, no additional parking need be provided subject to planning director's approval.

(m)

On the same premises with every building, structure or part thereof erected or occupied for manufacturing, storage, warehouse, goods display, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, bus terminal, or other uses similarly involving the receipt or distribution of vehicles carrying materials, merchandise or passengers, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of the streets or alleys. Required loading space may be included within the required parking space adjacent to a building.

(n)

One parking stall shall be provided per employee, or parking shall be provided as required elsewhere, whichever is greater.

(o)

In all residential zones in the city a recreational vehicle, boat or a boat trailer may be parked in the following manner:

(1)

Outside of a structure in the side yard or rear yard area of a residential district, provided that:

a.

The recreational vehicle, boat or boat trailer, except for self-propelled recreational vehicles customarily used for ordinary transportation purposes when occupying a parking space shall not obstruct the access to required parking in the garage area.

b.

In the event space is not accessible in the side or rear yard, a recreational vehicle, boat or boat trailer may be parked in the front setback area; a corner yard would be determined to have reasonable access to the rear yard unless a grade difference of three feet or more exists; in addition, a fence shall not be determined to prevent reasonable access.

(2)

No part of the recreational vehicle, boat or boat trailer may extend over the public sidewalk or public thoroughfare (right-of-way).

(3)

Parking is permitted only for storage purposes and any camper, recreational vehicle, boat or boat trailer shall not be:

a.

Used as a dwelling unit.

b.

Permanently connected to sewer lines, water lines or electricity; the recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.

c.

Used for storage of goods, materials, or equipment other than those items considered to be part of the recreational vehicle, boat or boat trailer or essential for its immediate use.

(4)

Notwithstanding the provisions of this section, a recreational vehicle, boat or boat trailer may be parked anywhere on the premises for loading or unloading purposes only as long as it does not overhang the public right-of-way.

(5)

A recreational vehicle, boat or boat trailer shall be owned or rented by the resident or guest of the resident on whose property the recreational vehicle or boat trailer is parked or stored.

(6)

A recreational vehicle, boat or boat trailer which is stored for a period of 72 hours or more shall not obstruct the vision of an adjoining property owner in obtaining access to a public right-of-way. Upon a determination by the planning director that the obstruction creates a potential safety hazard, the recreational vehicle, boat or boat trailer may be required to be relocated or removed from the site. The action of the director may be appealed to the planning commission.

(7)

No person shall stop, stand or park an oversized vehicle on any lot or parcel in a residential district unless it is necessary to carry out work or service which requires the presence of such a vehicle on the lot or parcel. For the purpose of this section, an oversized vehicle is defined as a vehicle used for commercial purposes containing three or more axles.

(p)

Mobilehomes shall not be parked or stored on any residential lot. This shall not preclude the establishment of a mobilehome as a residence as provided for elsewhere in this Code.

(q)

When parking standards for a use not specified in this chapter become necessary, it shall be the responsibility of the director of planning to so determine in writing and to have same incorporated within this section.

(Code 1980, § 20-20.2; Ord. No. 84-08, A 20, § 2002; Ord. No. 86-06, § 34)

Sec. 106-367. - Residential parking requirements.

Residential off-street parking requirements shall be as follows:

RESIDENTIAL OFF-STREET PARKING REQUIREMENTS

(Code 1980, § 20-20.3; Ord. No. 84-08, A 20, § 2003; Ord. No. 86-06, § 35; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 24-05, § 6, 5-1-2024)

(a)

Hotels and motels shall have one parking space for each guest room and/or sleeping room and one parking space for each two full-time employees. Additional parking shall also be provided for ancillary uses in accordance with the provisions of this article.

(b)

Each bed and breakfast inn shall have two parking spaces for the owner or resident manager plus one onsite parking space for each guest room in excess of two.

(Code 1980, § 20-20.4; Ord. No. 84-08, A 20, § 2004; Ord. No. 91-12, § 8)

Off-street parking requirements for educational uses shall be as follows:

OFF-STREET PARKING REQUIREMENTS FOR EDUCATIONAL USES

(Code 1980, § 20-20.5; Ord. No. 84-08, A 20, § 2005)

Sec. 106-370. - Transportation terminals and facilities.

Off-street parking requirements for transportation terminals and facilities shall be as follows:

OFF-STREET PARKING REQUIREMENTS FOR TRANSPORTATION TERMINALS AND FACILITIES

Airports, heliports, bus depots, railroad stations and Spaces as required by the approval authority during the site plan review process. yards, truck terminals

(Code 1980, § 20-20.6; Ord. No. 84-08, A 20, § 2006)

Sec. 106-371. - Medical uses (inpatient).

Off-street parking requirements for medical uses (inpatient) shall be as follows:

OFF-STREET PARKING REQUIREMENTS FOR MEDICAL USES (INPATIENT)

(Code 1980, § 20-20.7; Ord. No. 84-08, A 20, § 2006)

Sec. 106-372. - Commercial, industrial and special office uses.

Off-street parking requirements for commercial, industrial and special office uses shall be as follows:

OFF-STREET PARKING REQUIREMENTS FOR COMMERCIAL, INDUSTRIAL AND SPECIAL OFFICE USES

(Code 1980, § 20-20.8; Ord. No. 84-08, A 20, § 2008; Ord. No. 86-06, § 36)

Sec. 106-373. - Medical and dental offices.

Three spaces for each doctor and practitioner plus one space per employee.

(Code 1980, § 20-20.9; Ord. No. 84-08, A 20, § 2009)

Sec. 106-374. - Public buildings (other than education).

One space for each 400 square feet and as may be further required by the approval authority.

(Code 1980, § 20-20.10; Ord. No. 84-08, A 20, § 2010)

Sec. 106-375. - Access.

(a)

The minimum clear width of a residential driveway shall not be less than ten feet.

(b)

A residential access 100 feet or longer shall be a minimum of 20 feet wide or two ten-foot-wide, one-way drives shall be provided.

(c)

A residential driveway serving four or more units shall be a minimum of 20 feet wide.

(d)

Access shall be unobstructed by any portion of a building.

(e)

A commercial or industrial driveway shall be a minimum of 20 feet wide.

(f)

Any off-street parking area designed to accommodate four or more vehicles shall be provided with an appropriate turn-around so that all vehicles may enter the street by forward motion.

(g)

Where an accessory garage or carport is accessible to vehicles from an alley, the accessory structure shall be located not less than five feet from the property line.

(Code 1980, § 20-20.11; Ord. No. 84-08, A 20, § 2011)

Sec. 106-376. - Requirements in case of mixed occupancy.

In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements of the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for common facilities or joint use.

(Code 1980, § 20-20.12; Ord. No. 84-08, A 20, § 2012)

Sec. 106-377. - Common parking facilities.

(a)

Common parking facilities may be provided in lieu of the individual requirements contained in this chapter, but such facilities shall be approved by the approval authority as to the size, shape, and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum or the various uses computed separately. Such common parking area shall be adjacent to the building which it is intended to serve, and secured by a conjunctional parking agreement (if required) approved by the city.

(b)

Joint use of parking facilities as compared to common use shall be based upon hours of operation of mutual uses in which peak parking load requirements do not occur at the same time of day (i.e., daytime use vs. nighttime use). The applicant shall show in writing that there is no substantial conflict in the principal operating hours of the contributing uses for which the joint use of off-street parking facilities is proposed.

(Code 1980, § 20-20.13; Ord. No. 84-08, A 20, § 2013)

Sec. 106-378. - Storage and/or parking of commercial vehicles in R districts.

No commercial vehicle exceeding a manufacturer's gross weight of 10,000 pounds shall be parked or stored on a lot or parcel in any residential district.

(Code 1980, § 20-20.14; Ord. No. 84-08, A 20, § 2014)

Sec. 106-379. - Parking lot lighting.

Lighting shall be indirect, hooded and arranged to reflect light away from adjoining properties and streets. Light standards shall be a maximum of 16 feet in height.

(Code 1980, § 20-20.15; Ord. No. 84-08, A 20, § 2015)

All parking for public or private uses shall be provided in accordance with city standards as established by the city council.

(Code 1980, § 20-20.16; Ord. No. 84-08, A 20, § 2016)

Secs. 106-381—106-401. - Reserved.

ARTICLE VI. - SIGNS

The purpose of this article is to establish the necessary criteria, standards, and limits on all forms of signing, to maximize the value of this medium for identification purposes and to enhance the physical appearance of the city. The city recognizes the need for signs, but the right to use signs must be kept consistent with the businessman's right to identification, the public's right to identify the business and the community's interest in maintaining a good appearance. It is intended by the provisions of this chapter to accomplish the following:

(1)

To reduce the distraction and confusion caused motorists and pedestrians by inappropriate signing and the hazards which may be attributed to it.

(2)

To promote attractive industrial and commercial areas while allowing effective communication.

(3)

To provide assurance that such communications will be easily identified.

(4)

To increase and encourage the preservation of visual open space which constitutes a primary public resource of economic, social and aesthetic value.

(5)

To establish a workable application and review process to ensure conformance and resolve questions of interpretation and application.

(Code 1980, § 20-26.1; Ord. No. 84-08, A 26, § 2601)

Sec. 106-403. - Definitions.

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

Accessory sign means a sign that is secondary in purpose and provides specific information concerning the business which is not indicated on the primary identification signs. Accessory signs indicate such services as store hours, accepted credit cards, quality ratings or affiliations, vacancies, etc.

Aggregate area means the total area of all permanent signs on the premises.

Architectural features means a prominent or characteristic part of a building. Examples of architectural features are windows, columns, awnings, marquee and fascia.

Attention-getting devices means any flag, streamer, spinner, light, balloon or similar device or ornamentation used for the purposes of attracting attention for promotion.

Awning means a temporary shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.

Billboard means an off-premises sign which directs attention to a product, place, activity, person, institution, business or subject which is not related to the premises on which the sign is located.

Building frontage means the single longest building length or sum of building lengths facing either the street or the business parking lots and used for public approach.

Canopy (ormarquee) means a permanent roof-like shelter, either freestanding or supported by a building.

Changeable copy sign means an announcement sign, bulletin board, or sign which makes provisions for frequent changing of individual letters and other copy.

Conforming sign means a sign which meets all the standards and regulations established by this article and the state building standards code, as adopted by the city.

Copy means any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof which relates to advertising, identification or notification.

Directional sign means an on-site incidental sign designed to guide or direct pedestrian or vehicular traffic.

Ground sign means a freestanding sign which is supported by itself by one or more uprights, poles, or braces in or upon the ground or by a structure other than a building, also known as a pole sign or monument sign.

Illumination means a sign which is illuminated by an artificial light source provided for that function.

Maintenance means the upkeep of signs and their support structures in a condition of good repair. This shall include the replacement or repainting of sign faces which have been damaged or have otherwise lost their ability to convey the message intended. Maintenance does not include the changing of location, orientation, size or height of a sign.

Marquee. See Canopy.

Monument sign means a freestanding sign with a solid base connected solidly to and arising from the ground, eight feet high and flush with the ground.

Nameplate means a sign which displays only the name, address, and occupation of the occupant of the premises, is not illuminated and does not exceed four square feet in area.

Nonconforming sign means any sign which was lawfully erected or maintained prior to time of adoption of the ordinance from which this article is derived or which does not conform to this article.

Off-premises sign means a sign that advertises goods, products, services, or facilities not found at the sign site; a sign that directs persons to a different location from where the sign is installed.

On-site temporary real estate sign means a sign offering real property, personal property or a business or any combination thereof, for sale, lease or exchange and includes signs pertinent to property management. It does not include merchandise sold in the usual course of business.

Pole sign means a ground sign.

Portable sign means a sign not permanently affixed to the ground or structure, whether it is on or off the premises it is intended to identify.

Premises means a defined contiguous area of real property occupied by a business, institution, use or group of uses.

Projecting sign means a sign which is attached to and projects 12 inches or more from the structure or building face, and is not parallel to the structure to which it is attached.

Roof line means the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

Roof sign means a sign erected upon a roof or parapet wall of the building.

Sign means any structured name, identification, description, symbol, display, illustration, or device, including component parts and paint in view of the general public and which directs attention to a product, place, activity, person, institution or business.

Sign area. In computing the maximum permissible sign area or display surface, all signs shall be included in computing background area in square feet. Standard mathematical formulas for known or common shapes will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. The structure or structure covers supporting a sign are not included in determining the sign area, unless the structure or structure covers contain advertising copy. The area of multi-faced signs shall be the total sum of all display surfaces.

Sign height means the vertical distance measured from the grade of the nearest street curb, or street grade other than on elevated roadway, to the uppermost point of the sign or structure.

Statuary sign means any sign which is the modeled, outlined, or sculptured likeness of a living creature or inanimate object. Embossing which projects more than four inches beyond a sign face shall be considered modeling.

Street front means the portion of a parcel facing a public street other than the side of a corner lot.

Temporary sign means any sign or advertising display intended to be displayed, unless otherwise specified by the community development director, for a period of less than 30 days.

Temporary directional means a sign which directs persons to an event, business location, or offering, which is not permanent in nature, such as a new housing development, and placed on-site or off-site.

Time and temperature sign means a sign which provides information about time and temperature in the public interest without transmitting any advertising message.

Useful life means the useful life of a permanent sign shall be 15 years. The useful life of a temporary sign shall be for the duration of the event for which a sign is placed, but in no case shall be considered more than one year.

Wall sign means any sign painted on or attached parallel to the wall facing of a building and projecting not more than 12 inches. This shall include permanent window signs.

Window sign means any sign affixed to or within three feet of the inside of a window in view of the general public.

(Code 1980, § 20-26.2; Ord. No. 84-08, A 26, § 2602; Ord. No. 86-06, § 40; Ord. No. 87-16, § 3; Ord. No. 03-02, § 2; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-404. - General regulations.

(a)

Basic design.

(1)

A sign shall not aesthetically obstruct or interrupt a major unique architectural feature of the building to which it is attached.

(2)

Signs shall not be attached to trees or utility poles.

(3)

Signs may be attached to a fence or freestanding wall only when a ground sign is not present in the development. Exempted signs, as specified in subsection (b) of this section, may be attached in any case when no larger than six square feet.

(4)

Product or trade names are permitted as a part of a permanent sign only when that product identified is integral to the use on the premises.

(5)

Lighting, if provided, shall be contained within or pointed at the sign and shall not reflect into surrounding property, public streets, alleys, or highways. Gas discharge tube lighting may be used for advertising messages but not for outlining architectural features. Exposed bulbs are prohibited except when used for security purposes and time and temperature signs.

(6)

Signs shall be of such structural design that all framework of the sign shall be contained within the body of the sign in such a manner as to not be visible. Visible guy wires are prohibited.

(7)

Time and temperature signs may be permitted subject to the issuance of a conditional use permit. Such signs shall not bear any advertising message within the area used to display the time and temperature and shall not be considered part of the aggregate sign area of the premises. Advertising display may be placed on the frame or body of the sign and, if an advertising message is contained in the text, it shall be considered as part of the aggregate sign area of the premises.

(8)

No permit for any sign shall be issued and no sign shall be constructed or maintained which has less horizontal or vertical clearance from communications lines and energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof.

(9)

No sign or its supports shall be erected in such a manner or location that will physically impede or cause hazardous obstruction or distraction to the visibility of vehicles or person traveling on regularly established public or private ways. No signs, materials or structural features except poles or pilasters shall extend into the cross-visibility area between three feet, six inches and seven feet above the grade of the nearest street curb. The cross-visibility area for the intersection of driveways and public rights-of-way or two public rights-of-way is defined as a triangle having two sides, ten feet long and running along the driveway and public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.

(10)

Regulations regarding permitted aggregate sign area, maximum height and minimum setback outlined in table 1 for each zone:

a.

Sign area, in square feet, is determined where applicable by multiplying the length of one building frontage or street front as noted by the factor in parentheses, in table 1.

b.

Businesses with frontage and primary auto access on parallel streets are permitted to consider each frontage separately when determining maximum sign area. The area for each frontage is not transferable to

the opposite frontage.

c.

Additional regulations affecting sign area, height, and setback are specified in section 106-406.

d.

Businesses with direct alley access are permitted additional wall sign area equal to one-half square foot multiplied by the length of the building facade facing that alley. The sign area for the alley frontage is not transferable to any other street frontage or building side and shall not be used for either a monument or ground sign.

(11)

Conditional uses shall meet the sign requirements of the zone in which the use is permitted.

(b)

Exempted signs. The following types of signs are permitted in all districts unless otherwise noted, and shall neither require a building permit nor be considered part of the allowable aggregate area. Such signs shall be erected and maintained in accordance with the provisions of this article unless otherwise provided.

(1)

Nameplate.

(2)

One "Open" and "Closed" sign not to exceed two square feet in area per frontage.

(3)

Private information signs not exceeding one square foot, such as "Beware of Dog" or "No Soliciting," that contain no advertising message.

(4)

Traffic and other municipal signs, signals, and notices which relate to the public welfare and safety which are erected by the city, county or state. Such signs shall be exempt from this chapter's restrictions.

(5)

Signs directing on-premises traffic and parking when less than six square feet each, subject to planning department approval. Such signs are exempt from setback restrictions, when not exceeding 3½ feet in height, as measured from top of nearest curb, but are not permitted within the public right-of-way.

(6)

Memorial signs or tablets erected by governmental or historical agencies or names and dates carved into or affixed to buildings upon construction, or any sign of obvious historical value.

(7)

The flag of any country, state, school, corporation or nonprofit corporation.

(8)

Signs showing the location of public telephones and signs placed by public utilities to show the locations of underground facilities.

(9)

Signs of a public, noncommercial nature used to indicate danger or to serve as an aid to public safety relating to road work or other construction activities.

(10)

Accessory signs not exceeding six square feet in total aggregate area.

(11)

Temporary holiday graphics.

(12)

Directional, warning or information signs authorized by federal, state or municipal authority.

(13)

Signs in or on public buses or other public conveyances as permitted by city council.

(c)

Prohibited signs.

(1)

Signs, except window signs four square feet or less, which move or simulate motion are prohibited. This shall include flashing, blinking, animated, rotating signs, or signs whose illumination or surface change with time, but shall not include time and temperature signs, or wall-mounted barber poles which project less than one foot.

(2)

Signs which emit audible sounds, odor or visible matter.

(3)

Attention-getting devices, except as provided for in section 106-406(f).

(4)

Portable signs, unless they are displayed for a special event by a religious, charitable, or civic organization, and are limited to a time period not to exceed ten days. Not more than four such events shall be permitted in a calendar year. Portable price signs are permitted on a permanent basis for gasoline service stations as regulated in section 106-406(b)(1)b.

(5)

Signs which constitute a traffic hazard are prohibited. A sign shall be considered a traffic hazard:

a.

When its location is such as to interfere with traffic sight distances, traffic flow or the visual access to name or address of a nearby business or residence or a street or traffic sign.

b.

When its color, configuration, text, or location are such that they could be mistaken for or otherwise imitate a traffic sign or signal.

c.

If it is in the public right-of-way unless the sign conforms to section 106-406(c)(3).

(6)

Signs which bear or contain statements, words, or pictures of an obscene, untruthful, or misleading character.

(7)

Signs which are attached or otherwise portable or set on a motorized or non-motorized vehicle for the basic purpose of directing people to a business or activity located on that or any other premises. This section is not intended to prohibit typical reasonable business identification lettered on a motor vehicle.

(8)

Roof signs that project above a roof line.

(9)

No sign shall exceed 20 feet in height and no monument sign shall exceed eight feet in height.

(Code 1980, § 20-26.3; Ord. No. 84-08, A 26, § 2603; Ord. No. 86-06, § 41; Ord. No. 03-02, § 3)

Sec. 106-405. - Regulations regarding permitted aggregate sign area, maximum height, and minimum setback.

TABLE I. REGULATIONS REGARDING PERMITTED AGGREGATE SIGN AREA, MAXIMUM HEIGHT, AND MINIMUM SETBACK

Maximum Height

• The planning commission may by use permit allow an increase in maximum aggregate area for conditional uses in this district and for lots wider than 60 feet.

** Plus one additional foot for every five feet of additional setback from the front and corner side yard but not exceeding 25 feet.

*** Not over three feet, six inches in cross-visibility area.

**** The planning commission may by use permit allow maximum height to vary depending on building height. The planning commission may, by use permit, allow an increase in maximum aggregate area for lots with less than 100 feet of allowable sign frontage.

(Code 1980, § 20-26.3)

Sec. 106-406. - Specific regulations.

(a)

Wall and permanent window signs.

(1)

Wall and permanent window signs shall not be placed above the window sill of the second floor of the building unless the business is conducted above the first floor, in which case the sign shall not be placed above the window sill of the third floor nor above the maximum height allowed for the zone.

(2)

Murals and wall graphics shall be approved by the planning commission. Any written message shall be counted as part of the allowable aggregate sign area. In granting or denying approval, the planning commission shall consider the extent to which the proposal fulfills the following standards:

a.

The mural or graphic shall demonstrate artistic quality or theme as opposed to direct or indirect illustrative advertising.

b.

The colors and materials used shall be reasonably harmonious with those in the area and shall not be used for the exclusive purpose of calling attention to the mural or graphic.

c.

The subject matter shall not be calculated to deride any person, group of persons, or activity.

(b)

Ground signs.

(1)

Each parcel or group of contiguous parcels developed as a unit is permitted one ground sign structure. Additional ground signs are permitted only under the following conditions:

a.

Where a single business or development unit has frontage and primary public access on parallel streets, one ground sign is permitted for each separate street frontage.

b.

Gasoline service stations are permitted one separate non-illuminated price sign not to exceed 40 square feet in area or six feet in height. The price sign shall be permitted even when pricing information is incorporated into the primary ground sign and can take the form of a permanent ground sign or portable sign.

c.

Fast-food restaurants with drive-up windows are permitted one separate menu board adjacent to the driveup lane not to exceed 25 square feet in area.

d.

Unique signage structures, as related to increased sign area, over height limitations, and/or other parameters not specifically listed within this article. Commercial shopping centers, multiple tenants of a single parcel, automobile dealers, and other uses in excess of 15,000 square feet of leased gross floor or sale area, may make application for a conditional use permit for unique signage structures required for the site, under the definition of a use permit.

(2)

Accessory signs shall not be attached to ground sign structures.

(3)

Each premises in any commercial or industrial zone shall not place more than one-half their permitted aggregate sign area on a ground sign.

(4)

Ground signs that display nameplates shall be considered single signs regardless of the number of nameplates attached.

(c)

Projecting signs.

(1)

An activity is allowed one projecting sign only when neither a ground sign or a roof sign is present in the development.

(2)

Projecting signs are subject to the limitations specified in the International Sign Code, 2015 edition.

(3)

Projecting signs may project into the public right-of-way, not to include alleys, if they conform to all other provisions of this code and as may be further provided by the International Sign Code, 2015 edition.

(4)

Signs may not project within two feet of the curb lines.

(5)

Projecting signs may not exceed the maximum height limits permitted for the zone. Further, they may not extend vertically above the second floor window sill or, when there is no second floor, they may not extend above the parapet, eave, or roof line.

(d)

Canopy signs.

(1)

Awnings, canopies, and marquees that project into the public right-of-way may have only individual cutout letters and/or symbols attached, painted, stenciled or otherwise placed on their faces.

(2)

Awnings, canopies and marquees may have a nameplate suspended beneath without being considered a projecting sign. The bottom of nameplates must be at least eight feet above the sidewalk and cannot extend beyond the canopy or within two feet of the curb line.

(3)

Signs attached above awnings, canopies, and marquees that are connected to buildings shall not extend beyond the maximum projections specified in the International Sign Code, 2015 edition. No projecting sign shall be permitted when signing is placed directly on canopies.

(4)

Signs shall not be attached above freestanding canopies.

(e)

Roof signs.

(1)

One roof sign is permitted for each business below the lowest roof peak for each building in the CN, CG, CS, M-1, and M-2 zones.

(2)

Signs are not permitted above the roof peak or parapet wall nor above the maximum height allowed for the zone.

(3)

The bottom of roof signs shall be mounted flush with the surface of the roof and shall not interrupt roof lines or other major architectural features.

(f)

Temporary signs.

(1)

Unless specified, temporary signs do not require a permit but must conform to all restrictions of this article.

(2)

Temporary signs are not counted as part of the allowed aggregate area for permanent signs. However, the total area of temporary signs shall not exceed the total permitted for permanent signs.

(3)

No single temporary sign shall exceed 100 square feet in area.

(4)

Temporary signs shall not be attached to ground, projecting, or roof signs.

(5)

Attention-getting devices are permitted for special events subject to planning department approval, when limited to a period of no more than ten days. No more than three special events shall be permitted in one calendar year.

(6)

One non-illuminated sign denoting the intended use of the building, architect, engineer, contractor, builder, realtor, and financial backer may be permitted upon premises during construction, provided that such sign does not exceed 64 square feet in area and is no more than ten feet in height. Such signs shall be removed prior to the final inspection of the project.

(7)

One temporary real estate sign for a subdivision may be permitted on each arterial or collector street within that subdivision. When there are no arterial or collector streets within that subdivision, one such sign may be permitted on a local street within the subdivision. It shall not exceed 32 square feet on a side nor more than 64 square feet aggregate, nor be more than ten feet in height. Such signs shall be non-illuminated. Such signs shall be removed after completion of sales activities on the property or subdivision by the builder or within 18 months, whichever occurs first.

(8)

One on-site temporary real estate sign for each parallel street frontage of a lot pertaining to the lease, sale, financing or construction of a building or property, provided it shall not exceed the following size and height limitations and is not illuminated.

TABLE II. TEMPORARY DIRECTIONAL SIGNS

(9)

A noncommercial sign expressing the opinion of the owner or occupant of the appurtenant property regarding political, religious, social, or economic topics of public interest shall be permitted so long as the message remains noncommercial in nature. Such signs shall not be placed on fences, trees, utility poles, street furniture, or in the public right-of-way. Only one such sign, not exceeding an aggregate of 32 square feet may be displayed per premises until it is no longer pertinent. Signs advocating a position regarding a specific candidate or proposition shall be removed no later than five days after the election.

(10)

Temporary directional signs subject to approval by the planning director. (See subsection (g)(2) of this section.)

(11)

Banners, flags, and streamers except when attached to an object that is attached to the building above the roof line.

(g)

Off-premises signs.

(1)

Billboards are allowed by conditional use permit in the CS district and as provided in subsection (g)(2) of this section if the planning commission finds the following conditions to be present:

a.

The location of a billboard applied for is consistent with the purposes of the sign regulations of this article as set forth in the statement of purpose.

b.

The sign may be placed only along and facing the following major highways in the general and service commercial districts: State Route 178 and South China Lake Boulevard.

c.

Billboards shall not exceed 20 feet in height or ten feet by 20 feet in display area per sign side.

d.

No other billboard shall be closer than 300 feet of another billboard along the same side of a street.

e.

All lighting (if provided) shall be indirect (i.e., not internally lighted).

f.

The sign shall be freestanding with the lowest point no less than seven feet off the ground.

g.

The sign shall meet all other provisions of this chapter.

h.

The findings of section 106-131 can otherwise be made.

(2)

Temporary directional signs are permitted for periods not exceeding 60 days. No more than four temporary directional signs shall be permitted in a one-year period. Where signs are to be displayed for longer periods of time, a use permit is required. In every case, such signs must meet the following conditions:

a.

The location of the directional sign applied for is consistent with the purposes of the sign regulations of this chapter as set forth in section 106-404.

b.

The sign shall display only the name and directions to the event, location, or offering.

c.

The sign shall be non-illuminated.

d.

The sign shall not exceed the size and height limitations in table II.

e.

The sign is to be placed only at points where a turning movement is to be made.

f.

The sign shall not impair the visibility of another sign.

g.

The sign shall be removed after completion of activities on the property or subdivision or as specified in the conditions of the use permit.

h.

A cash deposit to cover the removal of the sign is required before the sign is erected, which is refundable upon proof that the sign has been removed. Fees required shall be as established by council resolution.

(3)

Guide signs.

a.

Guide signs are intended to direct individuals to locations which are difficult to locate and are placed as a public service, not for promotional purposes.

b.

The planning commission shall approve the erection and maintenance of all guide signs when special circumstances warrant such construction.

(Code 1980, § 20-26.4; Ord. No. 84-08, A 26, § 2604; Ord. No. 86-06, § 42; Ord. No. 87-16, § 3; Ord. No. 03-02, § 4)

Sec. 106-407. - Special regulations.

(a)

Display of nameplate for businesses without public access to street parking. Business without direct public access to the street parking, such as when one building is developed into several shops or offices, shall be permitted to display one nameplate per building entrance only.

(b)

Development identification. Where several businesses are developed as a unit, such as a shopping center, that development is permitted one sign which identifies the development. The area of this sign shall not exceed the maximum allowable area for the largest business sign permitted in the development but in no case shall it exceed 100 square feet. Where the development identification is placed on a ground sign, section 106-406 is applicable.

(c)

Comprehensive sign plans. At the option of the owner and/or developer, a comprehensive sign plan may be provided for a specific use of groups of businesses or for the whole of a shopping center development. Such a plan may regulate the location, size, height, color, lighting, orientation, and types of signs in the included area. Provided that such a comprehensive plan is presented and approved as outlined in section 106-410(g), exceptions to this section may be permitted.

(Code 1980, § 20-26.5; Ord. No. 84-08, A 26, § 2605; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4)

Sec. 106-408. - Permit procedure.

(a)

All signs except exempt signs and most temporary signs require planning department approval prior to being erected, placed, altered, or moved, to ensure compliance with the provisions of this article.

(b)

Where a use permit is required, it must be obtained from the planning commission prior to issuance of a building permit.

(c)

When an encroachment permit is required from the state department of transportation, it must be obtained prior to issuance of a building permit.

(d)

Three sets of sign plans shall be submitted to the planning and building departments for approval. The sign plan shall contain:

(1)

Address of sign location.

(2)

Name and phone number of owner.

(3)

Name, address and phone number of contractor or erector.

(4)

Site plan showing location of signs.

(5)

Elevation showing locations on a building or other structure including height of sign and any projection from building.

(6)

Elevation of sign showing dimensions and material.

(7)

Construction details of typical sections for all applicable signs.

(8)

Sign evaluation and, for electric signs, the number of transformers.

(9)

Lighting details.

(10)

Any other information necessary to determine compliance with this article.

(Code 1980, § 20-26.7; Ord. No. 84-08, A 26, § 2606; Ord. No. 86-06, § 3)

(a)

Nonconforming signs; termination date.

(1)

All legal nonconforming signs, billboards, and other sign structures which were erected and in existence prior to the effective date of the ordinance from which this chapter is derived, which were, at the time of such erection or establishment, in compliance with all then applicable statutes and ordinances, but which do not meet the requirements of this chapter, shall be removed and/or made conforming by January 2007.

(2)

All legally constructed existing signs on property annexed to the city after the effective date of the ordinance from which this article is derived shall be permitted to continue as nonconforming signs for the period stated in subsection (b) of this section, effective starting as of the date of the annexation. Any changes to the signs or their structures in terms of location, orientation, size or height will require that all signs and their structures on the property, business, and/or development be brought into conformance with this chapter.

(3)

Zone changes. Signs that are made nonconforming with the provisions of this article, due to a change in zoning affecting the premises on which the sign is located, shall be permitted to remain in existence, notwithstanding their nonconforming character, for the period stated in subsection (b) of this section, starting with the effective date of the zone change.

(b)

Removal.

(1)

The planning director or public works director may order the removal without compensation of any nonconforming sign, billboard or sign structure meeting any of the following criteria:

a.

Any advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.

b.

Any advertising display which was lawfully erected but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than 90 days. Temporary signs shall be deemed to be abandoned after the sale, event or campaign which they advertise has been completed.

c.

Any advertising display which has been more than 50 percent destroyed, and the destruction is other than facial copy replacement and the display cannot be repaired within 30 days of the date of its destruction.

d.

Any advertising display which is temporary.

e.

Any advertising display which is or may become a danger to the public or is unsafe.

f.

Any advertising display which constitutes a traffic hazard not created by relocation of streets or highways or by acts of any city or county.

g.

Any advertising display which has been altered or maintained in violation of any ordinance or regulation.

h.

Except as provided elsewhere, the planning director or public works director shall give 30 days' written notice to the owner of the building, structure or lot on which the sign is located to remove the sign or bring it into full compliance. The planning director or public works director may order the immediate removal of any sign billboard or sign structure if in his opinion the condition of the sign is such as to constitute an immediate threat to the safety of the public.

(2)

Any nonconforming on-site advertising structure for which there has been a prior agreement between the city and the owner of the sign calling for the removal of such structure, shall be removed as of the date set out in the agreement, and no compensation shall be provided.

(3)

Nonconforming on-site advertising structures not meeting subsections (b)(1) and (2) of this section, which were located within an area shown as residential on the general plan and zoned for residential use on the date on which the advertising structure was erected shall be abated and removed within 15 years of the date of adoption of the ordinance from which this chapter is derived. Removal prior to said 15-year period may be required by the city council pursuant to subsection (c) of this section; however, except as provided elsewhere, compensation for such prior removal shall be paid on the basis of one-fifteenth of the duplication cost of construction of the display being removed, multiplied by the number of years remaining before the expiration of said 15-year period.

(4)

Removal of all other nonconforming on-site advertising structures may be required at any time by the planning director, the public works director, planning commission or the city council. Except as provided elsewhere, compensation for such removal shall be paid on the basis of the greater of "fair market value" or "fair and just compensation," as defined herein.

(5)

Removal of any nonconforming off-site advertising structure not located in a residential area which was in existence on November 6, 1978, or was erected after that date and which complied with all regulations in effect at the time it was erected may be required at any time by council. Compensation for such removal shall be paid as defined in the Eminent Domain Law (Code of Civil Procedure § 1230.010 et seq.).

(6)

Removal without compensation of any nonconforming off-site advertising structure located in a residential zone district may be required by council pursuant to subsection (c) of this section. In such cases, the subject off-site advertising structure shall be allowed to remain in existence and amortized for the time periods represented in the following chart. Following the expiration of said time periods, the structure shall be removed.

REMOVAL OF NONCONFORMING OFF-SITE ADVERTISING STRUCTURES

(c)

Denial of appeal and application or grant of extension. At the conclusion of the hearing, the council may deny the appeal and application or grant such extension of time for the continuation of nonconforming use as the council finds justified by the evidence.

(d)

General. Any nonconforming sign, billboard or advertising structure which is remodeled, enlarged, relocated or otherwise reoriented, outside of a change of copy, shall only be remodeled, enlarged, relocated or otherwise reoriented in a manner which brings the sign, billboard or advertising structure into full conformance with this Code.

(e)

Conformance required. Any nonconforming sign, billboard or advertising structure which is located on a site or structure which is subject to remodeling, enlargement or construction, outside of a change of copy, where such display is affected by the remodeling, enlargement, or construction shall be brought into full conformance with this Code or removed from the site or structure.

(Code 1980, § 20-26.7; Ord. No. 84-08, A 26, § 2607; Ord. No. 86-06, § 44; Ord. No. 03-02, § 5)

Sec. 106-410. - Administration and enforcement.

(a)

Administration. This section shall be administered by the planning director, who is authorized and directed to enforce all provisions of this section. The planning director is authorized to promulgate procedures consistent with the purpose of this article and is further empowered to delegate the duties and powers granted to and imposed upon him under this article.

(b)

Inspection. Construction of all signs and their attachment is governed by the regulations of the state building standards code, the International Sign Code, 2015 edition, and this article as adopted by the city, and shall be inspected and approved by the building department.

(c)

Maintenance. All signs and supporting structures shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted and clean. The immediate surrounding premises shall be maintained free of weeds and rubbish. The planning director is authorized to order the painting, cleaning or repair of signs which become dilapidated and the cleaning of the immediate premises. Such maintenance shall be completed within 30 days of receiving written notice.

(d)

Void if altered or relocated. Any conditional use permit granted for a sign or signs shall become void if the sign is altered or relocated in any way which makes the sign in violation of the requirements of this section or the conditions imposed upon the use permit when it was authorized.

(e)

Penalties. Failure to comply with the provisions of this section shall subject the owner to the penalties provided for in infractions as otherwise provided in this Code.

(f)

Appeals. Any person aggrieved by any decision or order of the planning director or public works director may appeal to the planning commission unless such denial is based on violations of the state building standards code, the International Sign Code, 2015 edition or the state electrical code. Denial for these

reasons must be appealed to the board of building appeals. Appeals shall be in writing and must be filed in the planning department within ten days of the date of the decision or order which is being appealed.

(g)

Comprehensive sign plans. Such plans, as described in section 106-407(c), shall be administered by the planning director. The plans shall contain the signature of the owner and/or developer and that written and graphic information required to fully describe what shall and shall not be permitted in the development. Those plans that do not violate this article's regulations shall be approved by the planning director. Those plans that would violate this article's regulations may be approved by the planning commission if the plans conform with the intent of this article and result in an improved relationship between the various parts of the development. Actions by the planning commission for comprehensive sign plans shall be governed by division 3 of article II.

(Code 1980, § 20-26.8; Ord. No. 84-08, A 26, § 2608; Ord. No. 86-06, § 45)

Secs. 106-411—106-435. - Reserved. ARTICLE VII. - ZERO LOT LINE OPTION

(a)

The purpose and intent of the zero lot line provisions of this Code are to utilize new or existing subdivided lots in a manner not otherwise provided in the Code by providing zero lot line setback on one or both side yards in R-1, R-2, R-3 and R-4 districts. It is also intended that the use provide more efficient use of land, reduce housing unit prices, provide better relation and utilization of outdoor space to its optimum benefit and use internal and external areas more efficiently by placing dwelling units on a side yard property line.

(b)

Where regulations provided in this article conflict with others of the Code, the regulations specified herein shall apply.

(Code 1980, § 20-27.1; Ord. No. 84-08, A 27, § 2701)

Zero lot line uses may be located in the single-family or multifamily residential districts as conditional uses. It shall be required that any such use be processed in accordance with divisions 3 and 4 of article II of this chapter.

(Code 1980, § 20-27.2; Ord. No. 84-08, A 27, § 2702)

Sec. 106-438. - Minimum site area; lot dimensions and density.

(a)

The minimum site area, lot dimensions and density shall be the same as those listed in the underlying zoning district, except the area and lot dimension of lots legally subdivided prior to the adoption of the ordinance from which this chapter is derived shall suffice as the minimum.

(b)

The planning commission may, in approving a conditional use permit for a zero lot line development, impose such conditions as are reasonable and waive one or all of the required side yard setback requirements in the underlying district provided that the commission can make all of the required findings not related to side yard setbacks as specified in sections 106-131 and 106-176.

(c)

This provision would allow row housing provided that the end units have at least ten feet of unobstructed side yard on the two ends of a row. All provisions for off-site parking requirements, front and rear yard setbacks, height and coverage shall be governed by the underlying district.

(Code 1980, § 20-27.3; Ord. No. 84-08, A 27, § 2703)

A perpetual five-foot minimum maintenance easement shall be provided on the lot adjacent to the zero lot line property line except that where two separate homes share a common zero line, no easement shall be required provided the construction of all common walls meets the requirements of the state building standards code and that there are adequate provisions recorded relating to the maintenance of the common area on and around the common wall and property line. This provision can be provided by the recording of appropriate conditions, covenants and restrictions (CC and Rs) as approved by the city.

(Code 1980, § 20-27.4; Ord. No. 84-08, A 27, § 2704)

Secs. 106-440—106-461. - Reserved. ARTICLE VIII. - DEVELOPMENT AGREEMENTS

Any person, or his authorized agent, who has legal or equitable interest in the real property which is the subject of the development agreement by submitting a proposed agreement to the director of community development.

(Code 1980, § 20-30.1; Ord. No. 87-45, § 3)

After receiving the required application, the director shall prepare a report and recommendation which shall be presented to the planning commission for review at a duly noticed public hearing as set forth below.

(Code 1980, § 20-30.2; Ord. No. 87-45, § 3)

Sec. 106-464. - Notices.

(a)

The city clerk shall give notice of intention to consider adoption of development agreement prior to consideration of the proposed agreement by the commission.

(b)

The notice of intention to consider adoption of development agreement shall contain:

(1)

The time and place of the hearing;

(2)

A general explanation of the matter to be considered including a general description of the area affected; and

(3)

Other information required by specific provision of these regulations or which the director considers necessary or desirable.

(c)

The notice shall be given by:

(1)

If the agreement does not affect the permitted uses of real property, notice shall be published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the jurisdiction of the local agency. The notice shall include the information specified in Government Code § 65094. In addition to the notice required by this subsection, the city may give notice of the hearing in any other manner it deems necessary or desirable. Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation.

(2)

If the agreement does affect the permitted uses of real property:

a.

Notice shall be mailed or delivered to the owner of the property or the owner's duly authorized agent and to the project applicant;

b.

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

c.

Notice shall be mailed or delivered to all owners of real property shown on the last equalized assessment rolls within 300 feet of the subject property; and

d.

The notice shall either be published once in a newspaper of general circulation within the city or posted in at least three public places in the city including one public place in the area directly affected by the proceeding.

1.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

2.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

3.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the planning commission may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (c)(2)a of this section is greater than 1,000, planning commission, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

4.

If the notice is mailed or delivered pursuant to subsection (c)(2)d of this section, the notice shall also either be:

(i)

Published pursuant to Government Code § 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

(ii)

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

e.

The notice shall include the information specified in Government Code § 65094.

f.

In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

(Code 1980, § 20-30.3; Ord. No. 87-45, § 3)

State Law reference— Similar provisions, Government Code §§ 65090, 65091, 65867.

Sec. 106-465. - Conduct of hearing.

(a)

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code § 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

(b)

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission (error) as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not presumption that error is prejudicial or that injury was done if error is shown.

(Code 1980, § 20-30.4; Ord. No. 87-45, § 3)

A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of

the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

(Code 1980, § 20-30.5; Ord. No. 87-45, § 3)

State Law reference— Similar provisions, Government Code § 65865.2.

Sec. 106-467. - Other land use regulations.

Unless otherwise provided by the development agreement, rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a

development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.

(Code 1980, § 20-30.6; Ord. No. 87-45, § 3)

Sec. 106-468. - Determination by planning commission.

At the conclusion of the hearing the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission's determination whether or not the development agreement proposed is:

(1)

Consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

(2)

Compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

(3)

In conformity with public convenience, general welfare and good land use practice;

(4)

Detrimental to the health, safety and general welfare; and

(5)

Adversely affecting the orderly development of property or the preservation of property values.

(Code 1980, § 20-30.7; Ord. No. 87-45, § 3)

(a)

The council shall conduct a duly noticed public hearing to consider the planning commission's recommendations. The hearing shall be called and conducted in the same manner as the commission hearing is called and conducted.

(b)

After the hearing, the council may accept, modify or disapprove the recommendation of the planning commission. The council may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred back to it by the council.

(c)

The council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.

(d)

If the 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.

(Code 1980, § 20-30.8; Ord. No. 87-45, § 3)

Sec. 106-470. - Recordation of development agreement, amendment of cancellation.

(a)

Within ten days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder.

(b)

If the parties to the agreement of their successors in interest amend or cancel the agreement as provided in Government Code § 65868, or if the city terminates or modifies the agreement 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.

(Code 1980, § 20-30.9; Ord. No. 87-45, § 3)

Sec. 106-471. - Periodic review.

(a)

The city shall review the development agreement at least every 12 months from the date of the agreement. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

(1)

Recommendation of the planning staff;

(2)

Affirmative vote of at least three members of the planning commission; and

(3)

Affirmative vote of at least three members of the council.

(b)

The city clerk shall begin the review proceeding by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. The clerk shall give the notice at least 30 days in advance of the time at which the matter will be considered by the commission.

(c)

The commission shall conduct a duly noticed public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. The commission 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.

(d)

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 is concluded. 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.

(e)

The property owner may appeal a determination pursuant to this section to the council in accordance with the city's rules for consideration of appeals.

(Code 1980, § 20-30.10; Ord. No. 87-45, § 3)

Sec. 106-472. - Modification or termination.

(a)

If the city determines to proceed with modification or termination of the agreement, the city shall give notice to the property owner of its intention so to do. The notice shall contain:

(1)

The time and place of the hearing;

(2)

A statement as to whether or not the city proposes to terminate or to modify the development agreement; and

(3)

Other information which the city considers necessary to inform the property owner of the nature of the proceeding.

(b)

At the time and place set for hearing on modification or termination, the property owner shall be given an opportunity to be heard. The council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the council is final.

(Code 1980, § 20-30.11; Ord. No. 87-45, § 3)

Secs. 106-473—106-497. - Reserved. ARTICLE IX. - AUTOMOBILE SALES

Sec. 106-498. - General.

No person shall conduct an off-site automobile sale or permit off-site automobile sales to be conducted without first securing a permit pursuant to this article.

(Code 1980, § 20-31.1; Ord. No. 03-01, § 3)

Sec. 106-499. - Definitions.

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

Automobile means cars, light trucks, motorcycles, mopeds, and other forms of motorized vehicular transport.

Director means the director of community development.

Off-site sales means sale of three or more automobiles at a location not open for automobile sales business during regular business hours on a year-round basis.

Temporary use means use of property for off-site automobile sales for three or fewer consecutive days.

(Code 1980, § 20-31.2; Ord. No. 03-01, § 3)

Sec. 106-500. - Application for permit.

(a)

Applications for a permit to conduct off-site automobile sales shall be filed with the director of community development. The applicant must be a licensed California car dealer. The director shall prepare an application form which requests information from the applicant needed by the director to make a decision consistent with this article.

(b)

The applicant shall file a completed application no fewer than 40 calendar days and no more than 180 calendar days in advance of the proposed sale. The director shall prepare a written decision within ten calendar days of the date a completed application is filed. The decision shall contain the findings of fact upon which the decision is made.

(Code 1980, § 20-31.3; Ord. No. 03-01, § 3)

The following findings must be made by the director prior to approving a permit:

(1)

The proposed use will be located, operated, and maintained in a manner consistent with each of the applicable sections of the Code, including the provisions of this article.

(2)

The proposed site shall be improved and shall be located within a commercial or industrial zone.

(3)

The proposed use will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or welfare.

(4)

The proposed use will have no significant adverse environmental effects.

(5)

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or reasonably might generate.

(6)

Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available on-site or at alternate locations acceptable to the director.

(7)

The applicant has paid fees and deposits owed to the city, both related to the applied-for permit and to any other matter, in a timely manner, including any past-due payments for other permits if applicable.

(Code 1980, § 20-31.4; Ord. No. 03-01, § 3)

Decisions on the permit application shall be made by the director in accordance with the criteria of this article. The director shall not issue more than four permits during each calendar year in the entire city. A permit for off-site automobile sales shall be effective for the dates specified by the director, not to exceed three days plus such time as the director approves for setting up and dismantling the site.

(Code 1980, § 20-31.5; Ord. No. 03-01, § 3)

The director may impose permit conditions necessary to ensure the permit will be in accordance with the findings required above. These conditions may include, but are not limited to, the following:

(1)

Provision of temporary parking facilities, including vehicular ingress and egress.

(2)

Regulation of nuisance factors such as prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

(3)

Regulation of temporary structures and facilities, including placement, height, size, and location of equipment, tents, or open spaces, including buffer areas and other yards.

(4)

Provision of sanitary facilities, solid waste collection, and disposal.

(5)

Provision of security or safety measures, including adequate lighting.

(6)

Regulation of size and location of signs.

(7)

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested.

(8)

Submission of a performance bond or other security to ensure that any temporary facilities or structures used for the proposed temporary use will be removed from the site following the event and that the property will be restored to its former condition.

(9)

Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this article.

(Code 1980, § 20-31.6)

Sec. 106-504. - Revocation and amendment.

(a)

A permit may be revoked by the director upon violation of the terms of the permit.

(b)

The director may amend the terms or conditions of a permit to ensure the use is consistent with the required conditions.

(Code 1980, § 20-31.7; Ord. No. 03-01, § 3)

Sec. 106-505. - Appeal.

The director's decision to approve or deny an application for permit or to revoke or modify an approved permit may be appealed to the city council in accordance with the procedures set forth in this Code.

(Code 1980, § 20-31.8; Ord. No. 03-01, § 3)

Secs. 106-506—106-533. - Reserved. ARTICLE X. - DENSITY BONUSES

Sec. 106-534. - Purpose.

Density bonuses (incentives and concessions) shall be granted by the city by providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low-, low-, or moderate-income households or senior citizens, or include child care facilities.

(Code 1980, § 20-32.1; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 6)

Sec. 106-535. - Application.

Density bonuses shall be granted upon site plan review and summarized as follows:

(1)

Applications. All applications for a density bonus, developer incentive, or waiver or modification of development standards must include the following information:

a.

The total number of base units and affordable housing units;

b.

The specific developer incentives sought, if any, and documentation regarding the necessity of the incentive in order to provide affordable housing costs or rents;

c.

The specific waiver or modification to development standards, if any, and documentation regarding the necessity of the waiver or modification, including documentation demonstrating that the city's development standards physically preclude the utilization of a density bonus.

(2)

Land donations. If requesting a density bonus based on land donation, in addition to the above listed information, the application must:

a.

Demonstrate the developable acreage and zoning classification is compliant with eligibility criteria of section 106-536(a), and that the site is or will be served by adequate public facilities and infrastructure;

b.

Verify that all permits and approvals, other than building permits, necessary for the development of the very low-income housing units have been secured prior to the date of approval of the final subdivision map, parcel map, or other development permits;

c.

Verify that the developer can donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application; and

d.

The land will be transferred to the city or to a housing developer approved by the city. The city may require the developer to identify and transfer the land to the affordable housing developer.

(3)

Child day care facilities. If requesting a density bonus based on the provision of a child day care facility, in addition to the above-listed information, the application must:

a.

Provide the location of the proposed child day care facility and the proposed operator;

b.

Agree to operate the child day care facility for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable;

c.

Agree to have contracted with a child day care facility operator for operation of the child day care facility before the first building permit is issued;

d.

Agree that the child day care facility will be in operation when the first certificate of occupancy is issued; and

e.

Of the children who attend the child care facility, the children of very low-income households, low-income households, and moderate-income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low-, low-, or moderate-income households.

The city shall not be required to provide a density bonus or concession or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child day care facilities.

(Code 1980, § 20-32.2; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 7)

Sec. 106-536. - Density bonuses and incentives.

(a)

Applicability. The provisions of this section apply to the development of housing units or any qualified land transfer that satisfy one or more of the criteria set forth in Government Code § 65915.

(1)

All units for persons with disabilities shall be exempt from maximum residential density requirements;

(2)

Incentives shall be provided for the development of planned unit developments (PUD) that include amenities and the preservation of common open space, and accommodate seniors and lower income (low and very low) projects with a 25-percent density bonus pursuant to Government Code § 65915;

(3)

A 25-percent density bonus shall be granted for market rate residential developments that set aside 20 percent of the total number of units, with restrictions, for very low- and low-income persons;

(4)

The city shall provide a ten percent density bonus to accommodate large family dwelling units;

(5)

The city shall grant a density bonus equal to the number of lots or units lost as a result of providing additional, useable recreational space for very low- and low-income and special needs housing in planned unit developments.

(b)

Calculating the density bonus. A density bonus shall be calculated on a sliding scale based upon the amount by which the percentage of affordable housing units exceeds the minimum number of affordable units required to qualify for a density bonus established under state law. Density bonus and applicable concessions or incentives shall be calculated as set forth in California Government Code § 65915.

(c)

Developer incentives.

(1)

Restrictions. When an applicant seeks a density bonus as prescribed by Government Code § 65915, the city will grant the number of developer incentives as required by subsection (c)(2) of this section, unless it makes any of the following findings:

a.

The developer incentives are not required in order to provide affordable housing, as defined in Health and Safety Code § 50052.5 or 50053, or for rents for the targeted units to be set as specified in Government Code § 65915(c).

b.

The developer incentives would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

c.

The developer incentives would be contrary to State or Federal law.

(2)

Number of developer incentives. A developer eligible to receive a density bonus shall receive the number of concessions or incentives, in addition to a density bonus as defined under Government Code title 7, div. 1, ch. 4.3 (Government Code § 65915 et seq.).

(3)

Developer incentives defined. For the purposes of this section, concession or incentive means any of the following:

a.

Reduced site development standards or modified zoning code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in the California Building Standards Law (Government Code § 18901 et seq.), including, but not limited to, a reduction in setback and square footage requirements and the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

b.

Approval of mixed-use zoning if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project.

c.

A density bonus greater than the amount required by this section.

d.

Deferred or waived planning, plan check, construction permit, and/or development impact fees, in accordance with any fee deferral and waiver process and policies adopted by the city.

e.

Direct financial aid in the form of a loan or grant to subsidize off-site improvements, or land or construction costs.

f.

Other regulatory developer incentives proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.

(Code 1980, § 20-32.3; Ord. No. 15-03, § 8)

The city shall grant the additional concession or incentive, unless the city makes a written finding and determination, based on substantial evidence, that the additional concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code § 50052.5.

(Code 1980, § 20-32.4; Ord. No. 04-03, § 15; Ord. No. 04-04, §§ 3, 4; Ord. No. 15-03, § 9)

Sec. 106-538. - Assurance of continued availability.

(a)

Term of availability. Where affordable housing units have been provided per the requirements of section 106-535(1), or where a density bonus, incentives, or waivers of development standards has been made pursuant to this chapter, the developer shall ensure both of the following:

(1)

Continued availability of affordable units for a minimum of 30 years.

(2)

Project phasing, including timing of completion, and rental or sale of affordable housing units shall occur concurrently with non-restricted units.

(b)

Long-term affordability. A developer of affordable units shall enter into an affordable housing agreement with the city prior to the recordation of the final map, or the issuance of a grading permit or a building permit where approval of a map is not requested. The agreement shall be recorded against the parcels designated for construction of the affordable units. The agreement shall run with the land and shall be binding upon the successors in interest. At a minimum, the agreement shall include:

(1)

Total number and size of affordable units.

(2)

Maximum qualifying household incomes for the affordable units.

(3)

Standards for calculating affordable rents or affordable sales prices.

(4)

Enforcement mechanisms, including annual reporting and monitoring to ensure affordable units are continuously occupied by eligible households, and remedies for breach of the agreement.

(5)

Affordability term.

(Code 1980, § 20-32.5; Ord. No. 15-03, § 10)

Secs. 106-539—106-569. - Reserved. ARTICLE XI. - REQUEST FOR REASONABLE HOUSING FOR PERSONS WITH DISABILITIES

Sec. 106-570. - Purpose.

This section provides a procedure to request reasonable accommodations for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (Government Code § 12900 et seq.) (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Code 1980, § 20-33.1; Ord. No. 15-04, § 11)

Sec. 106-571. - Applicability.

(a)

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a requirement of this chapter or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This article is intended to apply to those persons who are defined as disabled under the Acts.

(b)

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

(c)

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.

(d)

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

(e)

Requests for reasonable accommodation shall be as described in the following section.

(Code 1980, § 20-33.2; Ord. No. 15-04, § 12)

Sec. 106-572. - Application procedure.

(a)

Application. Requests for reasonable accommodation shall be submitted in the form of a letter to the director of community development and shall contain the following information:

(1)

The applicant's name, address, and telephone number;

(2)

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

(3)

The current actual use of the property;

(4)

The basis for the claim that the individual is considered disabled under the Acts;

(5)

The zoning provision, regulation, or policy from which reasonable accommodation is being requested; and

(6)

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(b)

Fee. The fee for a reasonable accommodation request shall be minimal or there shall be no fee.

(c)

Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit), then the applicant shall file the application for discretionary approval together with the information required by subsection (a) of this section, for concurrent review.

(Code 1980, § 20-33.3; Ord. No. 15-04, § 13)

(a)

City planner. Requests for reasonable accommodation shall be reviewed by the director of community development, or his designee if no approval is sought other than the request for reasonable accommodation. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.

(b)

Other review authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written determination to grant, grant with modifications, or deny the

request for reasonable accommodation shall be made in accordance with the findings and decision as established below:

(c)

Findings and decision. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

(1)

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

(2)

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

(3)

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

(4)

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, zoning, or the local coastal program;

(5)

Potential impact on surrounding uses;

(6)

Physical attributes of the property and structures; and

(7)

Alternative reasonable accommodations that may provide an equivalent level of benefit.

(Code 1980, § 20-33.4; Ord. No. 15-04, § 14)

Sec. 106-574. - Conditions of approval.

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 herein. The conditions shall also state whether the accommodation granted shall be rescinded in the event that the person for whom the accommodation was requested no longer resides on the property.

(Code 1980, § 20-33.5; Ord. No. 15-04, § 15)

Sec. 106-575. - Commercial specific plan.

(a)

Introduction.

(1)

Specific plan area. The Ridgecrest Commercial Specific Plan site is located in the city in northeast Kern County on the southeast corner of Bowman Road and South China Lake Boulevard (Figure 1). Regional access to the specific plan site is provided from State Routes (SR) 14 and 178 and U.S. 395. The Ridgecrest Commercial Specific Plan site is approximately 28 acres and is configured in an approximately rectangular shape. The site is bounded by East Bowman Road and vacant and residential land uses to the north, the Desert Christian Center and vacant land to the south, vacant land to the east, and an existing commercial center to the west. The vacant land to the south of the project site is zoned Single-Family Residential (E-2) and General Commercial (CG), and the vacant land to the east of the project site is zoned General Commercial (CG).

(2)

Purpose of the specific plan.

a.

A specific plan is a combination policy statement and implementation tool that can be used to address the unique needs of a particular area of a city or county. As a result, emphasis is on concrete standards and development criteria for use in the submission and review of subsequent development plans and permits. The California Government Code permits the use of specific plans to regulate site development, including permitted uses such as density, building size, and placement. Specific plans also govern the landscaping and roadways, as well as the provision of infrastructure and utilities. Since the development guidelines established in a specific plan focus on the unique needs of a specific area, specific plans allow for greater flexibility than is possible with conventional zoning.

b.

The purpose of the Ridgecrest Commercial Specific Plan is intended to assist in the development of the site in a manner that will benefit local shoppers, the general public, and the city. The specific plan accomplishes these purposes by providing for the efficient use of land, ensuring compatibility between existing and proposed land uses, and establishing environmental and development standards and procedures to be met in development of the specific plan area. The customized development regulations contained in the specific plan address the unique characteristics of the site and surrounding properties, as well as the needs of the commercial land uses proposed for the site. These efforts are intended to foster greater economic development and design opportunities than could be achieved through the use of conventional zoning and development standards.

(3)

Project objectives. The objectives of the Ridgecrest Commercial Specific Plan are as follows:

a.

Implement the Ridgecrest General Plan providing development consistent with the city's planned land uses;

b.

Provide development that maximizes the property's use potential in a manner consistent with the city's general plan;

c.

Maximize and broaden the city's sales tax base by providing local and regional tax-generating uses;

d.

Improve and maximize economic viability of the currently vacant and underutilized project site and area through the establishment of a new commercial center;

e.

Create additional employment-generating opportunities for the citizens of the city and surrounding communities;

f.

Expand and provide new retail options with updated, modern, and energy efficient buildings in close proximity to local consumers by providing daytime and nighttime shopping opportunities in a safe and secure environment;

g.

Provide, where necessary, adequate infrastructure and public amenities;

h.

Complement the existing retail base in the city located in the southern part of the city;

i.

Locate a commercial project at the intersection of two major streets, maximizing access opportunities for the convenience of patrons; and

j.

Ensure the consistent and rational development of the site in accordance with established functional, environmental, and aesthetic standards.

(4)

Authority.

a.

The Ridgecrest Commercial Specific Plan has been prepared in accordance with Government Code §§ 65450 et seq. and 66450 et seq. and will constitute the zoning for the specific plan area. Land use standards and regulations contained within this document shall govern future development within the boundaries of this specific plan.

b.

The Ridgecrest Commercial Specific Plan provides a framework for development of the specific plan area. The specific plan provides guidance for the review of specific development proposals at the parcel map and site plan review stages, and is the city's reference document for determining permitted uses, intensity of use, and development standards and requirements. The specific plan defines project objectives, as well as regulations and requirements for development of the Ridgecrest Commercial Specific Plan area.

(5)

General requirements.

a.

General plan consistency.

1.

Implementation of the Ridgecrest Commercial Specific Plan is intended to carry out the goals and policies contained in the city general plan, as amended, in an orderly and attractive fashion. Development within the Ridgecrest Commercial Specific Plan area shall, therefore, be consistent with the provisions of the city general plan.

2.

The Ridgecrest Commercial Specific Plan implements the general plan by:

(i)

Achieving urban growth in an orderly manner responsive to the economic, environmental, and social needs of the community and providing additional retail sales opportunities;

(ii)

Achieving land use compatibility through the management of land use resources by a specific plan;

(iii)

Attracting new businesses to Ridgecrest and providing for a growing work force;

(iv)

Providing for planned development of a large parcel located at a key entry into the city through a comprehensive specific plan;

(v)

Providing for easily accessible retail commercial services and encouraging pedestrian shopping and energy conservation from the range and variety of retail goods and services provided;

(vi)

Expanding shopping opportunities in the Ridgecrest area;

(vii)

Providing new development consistent with planned land uses at the junction of major roadways (South China Lake Boulevard and West Bowman Road) that is adequately served by existing public services and facilities;

(viii)

Enhancing South China Lake Boulevard and West Bowman Road as scenic corridors through building design and treatment, building setbacks and location, landscaping and visual screening, prohibition of offsite signage, and the undergrounding of on-site utilities;

(ix)

Promoting architectural unity and an upgraded image along South China Lake Boulevard with attractive commercial development;

(x)

Coordinating circulation access and land use through the provision of coordinated access along South China Lake Boulevard and West Bowman Road, and the design of delivery access and loading areas;

(xi)

Maintaining a high level of environmental quality through the establishment of environmental standards;

(xii)

Enhancing the city as a regional center for shopping;

(xiii)

Retaining and expanding existing business; and

(xiv)

Avoiding hazard risks through the accommodation of citywide flood control facilities on-site.

b.

Relationship between specific plan development standards/criteria and the city municipal code. Development regulations and requirements contained in this document will supplement or replace those of

the city municipal code as they might otherwise apply to lands within the Ridgecrest Commercial Specific Plan area. Any regulations or requirements not specifically covered herein shall be subject to the regulations and requirements of the city municipal code, design and engineering standards and other applicable regulations, in addition to all applicable local, state and federal ordinances, laws or regulations. If any provision of this document conflicts with the regulations or requirements of the city municipal code, the provisions of this document shall take precedence.

c.

Conformance with Uniform Building and Fire Codes. All construction within the Ridgecrest Commercial Specific Plan shall be in compliance with Chapter IX, "Buildings and Housings," of the Ridgecrest Municipal Code.

d.

Provision of infrastructure.

1.

Unless otherwise specifically approved as part of this specific plan, all off-site improvements under the control of the city shall be subject to the city regulations and requirements in effect at the time improvement plans are submitted. Other improvements not under the control of the city (e.g., electricity, natural gas, telephone) shall be subject to the regulations and requirements of the responsible agency.

2.

Specific requirements for infrastructure improvements are determined by the following technical studies:

(i)

Drainage report; Thomas Graham Civil Design Group, June 2007; and

(ii)

Traffic impact analysis; Austin-Foust Associates, Inc., February 25, 2009.

These studies provide data for the development of environmental standards included in subsection (f) of this section. To ensure the cost-effective availability of current and adequate infrastructure and services during the development of the specific plan area, the technical studies and infrastructure plans may be modified upon approval of the city public works director, without the need to amend this specific plan.

(6)

Severability. If any term, provision, condition, requirement, or portion thereof of this specific plan is for any reason held invalid, unenforceable, or unconstitutional, the remainder of this specific plan or the application of such term, provision, condition, requirement, or portion thereof to circumstances other than those in which it is held to be invalid, unenforceable, or unconstitutional, shall not be affected thereby; and each other term, provision, condition, requirement, or portion thereof shall be held valid and enforceable to the fullest extent permitted by law.

(7)

Costs. The property owner shall pay the costs of any code enforcement activities, including attorney's fees, resulting in the violation of any provisions of the Ridgecrest Municipal Code, including the Ridgecrest Commercial Specific Plan. The developer shall be responsible for the entire cost to implement the environmental standards in accordance with subsection (f) of this section.

(8)

Consent to hold harmless. The developer shall agree to indemnify, protect, defend, and hold harmless the city and its elected and appointed officials, officers, employees, and agents from and against and all liabilities, claims, actions, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including attorney's fees and disbursements (collectively "claims") arising out of or in any way relating to the issuance of this entitlement, actions taken by the city relating to this entitlement, including any future actions taken by the city in furtherance of the specific plan.

(9)

Repair of damages to public facilities. For each increment of building construction, the developer shall be responsible for the repair of all damages to public improvements in the public right-of-way resulting from construction-related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the specific plan area.

(10)

Recycling plan. The public services director shall review and approve all recycling plans. A construction recycling plan shall be submitted and approved prior to the issuance of grading permits. An operations recycling plan shall be submitted and approved prior to the issuance of a certificate of occupancy.

(11)

Right of entry to inspection verification. The city shall have the right of entry to inspect the Ridgecrest Commercial Specific Plan area to verify compliance with the Ridgecrest Municipal Code, including implementation of the provisions of the Ridgecrest Commercial Specific Plan.

(b)

Existing setting.

(1)

The information provided in this section was obtained from the city of Ridgecrest General Plan 1991-2010 and General Plan Final EIR, the Ridgecrest Wal-Mart and Retail Center Project Revised Draft EIR, as well as the following technical reports for the Ridgecrest Commercial Specific Plan:

a.

Biological Resource Assessment; Beaman Biological Consulting, May 24, 2004;

b.

Updated Biological Resource Assessment; Jeff W. Kidd Biological Consulting, July 28, 2005;

c.

Desert Tortoise Survey Report; Gilbert Goodlett, EnviroPlus Consulting, April 1, 2007;

d.

Burrowing Owl Survey Report June 2007; Christopher A. Joseph & Associates, June 4, 2007;

e.

Jurisdictional Waters and Wetlands Delineation Report; Christopher A. Joseph & Associates, June 2007;

f.

Burrowing Owl Report August 2008; Christopher A. Joseph & Associates, August 18, 2008;

g.

Geotechnical Engineering Investigation, Geotechnical Professional, Inc., December 10, 2004;

h.

Phase I Environmental Site Assessment; Alaska Petroleum Environmental Engineering, Inc., August 2003;

i.

Updated Phase I Environmental Site Assessment; Alaska Petroleum Environmental Engineering, Inc., May 2005;

j.

Drainage Study, Thomas Graham Civil Design Group, June 2007;

k.

Cultural Resources Records Search, California Historical Resources Information System, January 26, 2006;

l.

Paleontological Resources, Natural History Museum of Los Angeles County, December 20, 2005;

m.

Noise Data, Ridgecrest Wal-Mart and Retail Center Project Revised Draft EIR, Appendix K-1;

n.

Air Quality Data, Ridgecrest Wal-Mart and Retail Center Project Revised Draft EIR, Appendix D;

o.

Traffic Impact Analysis; Austin-Foust Associates, Inc., February 25, 2009.

The technical studies are public records and are available at the city Community Development Department.

(2)

Site conditions and existing land uses.

a.

Historical and existing land uses.

1.

Previous land use. Historically, the project site was used for agricultural purposes, predominately for alfalfa and row crops. It is not currently farmed. The site is currently vacant. No structures or development exist on the site.

2.

Existing on-site general plan land use and zoning. The specific plan area is currently designated commercial and office in the city general plan 1991-2010. Uses allowed under the commercial and office land use designation include all types of retail stores, and personal and professional service shops. An implementation measure of the land use element of the general plan is the preparation of specific plans in appropriate areas of the city.

3.

The city is currently updating the general plan. The draft general plan 2010 designates the specific plan area as commercial. Uses typically allowed include supermarkets, drug stores, and other residential serving uses that are convenient to vehicular access and highly accessible for pedestrians and bicyclists. Larger centers may include community commercial centers, shopping plazas, and shopping centers that include a junior department store, or a large variety, discount or department store with direct and convenient arterial access and access for pedestrians, bicyclists, and public transit. These centers typically contain 30,000 to 300,000 square feet of floor area on approximately two to 20 acres, which is consistent with the Ridgecrest Commercial Specific Plan. The draft general plan includes new policies and provisions toward the development of commercial development. In particular, the city intends to continue to promote the development of regional commercial opportunities and has identified locations along China Lake Boulevard and Bowman Road near U.S. 395 as being appropriate locations to facilitate the provision of the necessary municipal services to accommodate these opportunities.

4.

The specific plan area is currently zoned General Commercial (CG). According to the city's zoning ordinance, the general commercial district is intended primarily to serve as the central trading district of the city along major arterials. This zone provides accommodations for the sales of commodities, performance of services, repair facilities, wholesale and retail distribution of goods and services that are conducted entirely indoors. The general plan and zoning designations are illustrated in Figure 2. The specific plan area currently consists of vacant land. There are no structures on the site.

5.

Surrounding land use. Land uses surrounding the Ridgecrest Commercial Specific Plan site are characterized by commercial uses located immediately west of the site across South China Lake Boulevard. The surrounding commercial uses include an existing smaller Wal-Mart, Staples, Albertsons, Albertsons gas station, and Jack in the Box. Once construction is complete on the Major Tenant within the proposed Ridgecrest Commercial Specific Plan, the existing Wal-Mart store will close. The existing WalMart building will be demolished or sold, refurbished, and retenanted. Vacant land and single-family residential uses are across West Bowman Road immediately to the north. Vacant land is located immediately east. Manufactured and mobile residential uses are located further east and beyond Silver Ridge Street. Vacant land and institutional uses (Desert Christian Center and associated surface parking lot) are located immediately south of the specific plan area. Commercial and office uses are generally located north of the project site along South China Lake Boulevard, and single-family and multifamily residential uses are located generally south of the project site beyond the adjacent Desert Christian Center and vacant land. The surrounding land uses are illustrated in Figure 3.

b.

Existing circulation.

1.

Regional circulation. The project site has excellent regional access. Regional access is provided by three highway facilities: State Routes (SR) 14 and 178 and U.S. 395. U.S. 395 generally runs north-south; access to U.S. 395 is provided via a connection with SR 178 at South China Lake Boulevard approximately five miles southwest of the project site. SR 14 splits off from Interstate 5 in Los Angeles County and connects with U.S. 395 just north of SR 178, where the two highways merge to become U.S. 395.

2.

Local circulation.

(i)

Major roadways in and around the project site are West Bowman Road, South China Lake Boulevard, West Upjohn Avenue, and College Heights Road. West Bowman Road and West Upjohn Avenue are two-lane highways that run east-west. South China Lake Boulevard is a four-lane highway that runs north-south and College Heights Road is a two-lane highway that runs generally north-south. College Heights Road joins South China Lake Boulevard at a three-way junction south of the intersection of South China Lake and West Bowman.

(ii)

Minor streets include Rader Avenue, South Norma Street, East Dolphin Avenue, South Downs Street and South Sunland Avenue. Some of these streets, East Dolphin Avenue east of South China Lake Boulevard and South Sunland Avenue south of West Upjohn Avenue are unpaved with no clearly defined routes or limits. On these smaller streets, road width is generally two lanes with no median and a posted speed limit of 35 mph.

3.

Public transit. The city operates a dial-a-ride system in the Greater Ridgecrest Area, as well as a contract for dial-a-ride on a reservation basis only to Randsburg and the Inyokern area. The city, together with Kern Regional Transit, is operating an intercity public transit service between Ridgecrest through California City to Mojave. The Inyo-Mono County bus service connects with the Kern Regional Transit system in the city.

c.

Existing physical conditions.

1.

Topography. The Ridgecrest Commercial Specific Plan site is characterized by relatively flat topography with an average elevation of approximately 2,300 feet above mean sea level (msl); generally sloping from southeast to northwest at a 0.5 to 0.8 percent slope. The existing conditions of the site are illustrated in Figure 4.

2.

Hydrology. The project site is located within the Bowman Wash and the College Heights Wash drainage areas. These areas contain several sub-areas. Two channels, named by the city CHW-12 and CHW-14, converge at the southwest corner of the specific plan area and flow as CHW-16 along the western boundary of the specific plan area along South China Lake Boulevard, then flow under West Bowman Road into BW-11. The channel that collects the Bowman Wash drainage, BW-9, flows towards the north of the specific plan area from west to east, crosses under South China Lake Boulevard and flows into BW-11. BW-9 shows substantial erosion. Originally, BW-9 contained a series of detention ponds with two outlet culverts for water to exit each pond. The runoff that flows through this channel has eroded away the areas surrounding these culverts, thus leaving the ponds nonfunctional. Portions of the city are subject to periodic inundation (i.e., flash floods). As a result, the city designed and is in the process of implementing a storm drain master plan that is designed to accommodate a storm recurrence interval of 100 years.

3.

Soils. The majority of the natural soils in the specific plan area consist predominantly of dry silty sand and sands. Occasional layers of clayey sand and sandy clay also exist in the specific plan area, generally below depths of five feet. The majority of the natural soils exhibit low compressibility and moderate to high strength characteristics.

4.

Seismicity. The specific plan area is located in a seismic region of California. The closest fault to the project site is the Little Lake Fault, which is located approximately one kilometer east of the project site. The Little Lake Fault is identified as an active or potentially active fault that could subject the project site to peak ground acceleration on the order of 0.38g. According to the general plan, the Rifle Range and Lone Camp Earthquakes along the previously mentioned faults would potentially result in strong ground shaking. Ground-shaking effects are mitigated through enforcement of structural and nonstructural seismic design provisions defined in the Uniform Building Code/California Building Code (UBC/CBC), as well as city

requirements pursuant to Chapter IX, "Buildings and Houses," of the Ridgecrest Municipal Code. According to the latest edition of the UBC/CBC, the project site is located in Seismic Zone 4. The codes are updated every three years and incorporate new design provisions as needed. The proposed project would be designed to resist seismic lateral loads, and to comply with all applicable city codes and regulations.

5.

Biological resources.

(i)

The specific plan area was formerly used for agricultural purposes and has been heavily impacted by human activities. Biological technical studies indicated several dirt roads with off highway vehicle tracks, as well as pedestrian trails, traverse the specific plan area. The dominant plant community found in the specific plan area is salt bush, which is a common plant species.

(ii)

The BW-9 drainage channel supports creosote bush scrub, which is very common throughout the Mojave Desert, as well as supports several riparian trees consisting of desert willow, occupying approximately 850 square feet (0.019 acre). Riparian habitat is considered to be a sensitive habitat and is regulated by California Department of Fish and Game (CDFG) under the Fish and Game Code § 1600 (Streambed and Lake Alteration Program). There were no sensitive or special status plant species identified or expected to occur in the specific plan area.

(iii)

Common wildlife species such as rabbits, reptiles, and bird species currently occupy the site and would be displaced by development planned for the area according to the general plan. In addition to the common wildlife species, the 2007 protocol-level surveys indicated that a pair of burrowing owls (a CDFG species of concern) was observed within the BW-9 drainage channel. Although the owls were not observed during the follow-up surveys in 2008, the Burrowing Owl Survey Protocol and Mitigation Guidelines requires that an assumption be made that the owls are still present. In addition, evidence of an old desert tortoise (a federal and state threatened species) carcass was observed in the specific plan area. Mohave ground squirrel (a state threatened species) has the potential to occur in the specific plan area as well.

(iv)

As previously mentioned, the specific plan area is traversed by three drainage channels which are potentially jurisdictional streambeds by CDFG under the Fish and Game Code § 1600 (including 0.003 acre of riparian habitat), two of which are considered potentially jurisdictional "waters of the state" by the Lahontan Regional Water Quality Control Board under the Porter-Cologne Act. Implementation of proposed off-site drainage improvements will result in the reconfiguration and alteration of these drainages.

6.

Climate.

(i)

The climate in the Ridgecrest area is predominantly influenced by its high desert location. It is characterized by hot days and cool nights, with extreme arid conditions prevailing throughout the summer months. The mean annual temperature for the Ridgecrest area is 65 degrees Fahrenheit. However, there are wide annual temperature fluctuations that occur from a maximum of 117 degrees Fahrenheit to a minimum of six to eight degrees Fahrenheit.

(ii)

Average annual rainfall in the Ridgecrest area is reported at less than three inches, while the relative humidity throughout the year averages 35 percent. Temperatures rarely fall below freezing. Strong surface winds occur in late winter and spring as cold fronts move rapidly through the area. These fronts occasionally cause severe dust and sand storms. Strong surface winds with a prevailing speed of 15 knots or greater can be expected 15 days a year and strong gusts of 40 knots or greater can be expected ten days a year.

d.

Existing utilities.

1.

Water. The specific plan area will receive water service from the Indian Wells Valley Water District (IWVWD). The water mains in the specific plan area are supplied by a network throughout the "A" pressure zone; the largest of the five pressure zones in the IWVWD. The A-Zone is supplied by nine wells and three storage tanks totaling 9,000,000 gallons. A 12-inch water main is located 34 feet north of the centerline of Bowman Road, and a 16-inch water main is located 20 feet east of the north-south extension of College Heights Boulevard. The design working capacity of the 16-inch and 12-inch pipes are 3,000 and 1,700 gpm, respectively. Maximum capacities for short durations for the 16-inch and 12-inch pipes are 4,500 and 2,550 gpm, respectively. The sole source of potable water supply in the Indian Wells Valley is groundwater, with a current annual groundwater extraction of about 34,000 acre feet. These extractions are offset by an estimated annual recharge of between 6,000 and 11,000 acre feet according to the IWVWD. Water demands consistent with general plan land use designations have already been accounted for in the IWVWD's Urban Water Management Plan (UWMP), which sets forth water requirements for anticipated growth for the next 25 years. Therefore, IWVWD has sufficient domestic water supply to supply the development of the specific plan area.

2.

Wastewater. The city will provide sewer service to the specific plan area. The city's treatment plant has a capacity of approximately 3.7 million gallons per day (mgd), and the average daily flow is approximately 2.5 mgd. The city sewer department has indicated that there are no known collection problems or deficiencies in the area. There is an existing sewer line along China Lake Boulevard and Bowman Road adjacent to the site. A 60-foot sewer easement runs north-south through parcels two, three and four of the plan area (just east of South China Lake Boulevard). The proposed sewer system includes gravity sewer improvements and an extension to the east along Bowman Road and then north along Forest Knoll Street to connect to

the existing 21-inch ACP sewer main in Upjohn Avenue. In the alternative, the proposed sewer system would include the construction of a lift station and tying into the existing sewer line in China Lake Boulevard. All improvements will be constructed within existing public rights-of-way or easements. Proposed improvements are discussed in subsection (d) of this section. The proposed development is anticipated to generate approximately 21,400 gallons (0.0214 mgd) of wastewater daily. The proposed development is not expected to measurably reduce the treatment plant's capacity, which is currently operating at 68 percent.

3.

Water quality.

(i)

The existing drainage within the specific plan area is discussed above in section C.2, Hydrology. During construction, all work would be required to meet the National Pollution Discharge Elimination System (NPDES) requirements for storm water quality. The contractor would also be required to implement Best Management Practices (BMPs) for erosion control. These requirements will be implemented through the preparation and approval of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP and

compliance with the city's discharge requirements would ensure that project construction would not violate any water quality standards.

(ii)

During operations, all activities must comply with the Standard Urban Storm Water Mitigation Plan (SUSMP). This will include both operational BMPs, including waste management and materials pollution control, source control and treatment controls, all of which would minimize the off-site conveyance of pollutants. Compliance with the SUSMP would ensure that project operations would not violate any water quality standards.

4.

Solid waste disposal. Solid waste collection service is provided by Ridgecrest Sanitation and delivered to the Ridgecrest-Inyokern Sanitary Landfill at 3301 Bowman Road in Ridgecrest. The Kern County Waste Management Department operates the landfill. The total estimated permitted capacity of the landfill is approximately 5,992,700 cubic yards (cy) with approximately 5,992,700 cy or 16.6 percent of total capacity used and approximately 5,000,898 cy or 83.4 percent of the remaining capacity. According to the California Integrated Waste Management Board the permitted maximum daily disposal is 701 tons per day.

5.

Natural gas. Natural gas service to the Ridgecrest Commercial Specific Plan area will be provided by Pacific Gas and Electric (PG&E).

6.

Electricity. The specific plan area is located within the Southern California Edison Company (SCE) service territory, and SCE would provide electrical services.

7.

Telephone. Telephone service to the specific plan area will be provided by Verizon.

(c)

Land use plan.

(1)

Land use concept.

a.

The overall land use concept for the Ridgecrest Commercial Specific Plan is to create an integrated retail shopping complex that can take advantage of the site's excellent access and potential visibility. The project will dramatically improve the aesthetic and commercial landscape of the surrounding area by allowing for the transformation of vacant acreage into an attractive and productive blend of retail and service establishments. The development concept for the project site consists of the construction of a major tenant, a gas station, and additional commercial and retail uses on approximately 28 acres. The specific plan area is conceptually divided into four lots, with the majority of the site (20.18 acres) intended for the development of the major tenant and parking, as described in Table 106-575(c)-1.

Table 106-575(c)-1. Parcels and Intended Uses

b.

The development of the Ridgecrest Commercial Specific Plan is intended to function as a single, integrated retail center providing for community oriented uses with a community-wide market base. Development of the major tenant, gas station, and freestanding commercial uses are to be designed to function cohesively with each other as a single center. To establish a high quality of integrated development throughout the entire specific plan area, the uses permitted in this specific plan are intended to be designed with convenient interconnecting vehicular and pedestrian access while sharing similar urban design and architectural features throughout the specific plan area.

c.

Parcel 1. The major tenant, with all appurtenant structures and facilities, is proposed for the first phase of development. The major tenant would offer groceries and general retail merchandise including, without limitation, alcohol for off-site consumption, pool chemicals, petroleum products, pesticides, paint products, and ammunition. The major tenant would include a garden center, a pharmacy with two drive-through lanes, a vision and hearing care center, food service, a photo studio and photo finishing center, a banking center, and an arcade. The garden center would have an exterior customer pick up facility for pre-paid bagged garden supplies, such as potting soil, mulch, and manure. The major tenant would also include a tire and lube facility, which would engage in routine servicing and preventive maintenance of vehicles. Further, the major tenant would have outdoor seasonal sales and storage, and the building would include, without limitation, truck doors and loading facilities.

d.

Outlot 1. A gasoline station is proposed for Outlot 1. The gasoline station would include up to 16 fueling pumps and would include a small attendant building, with no sales of merchandise other than fuel at the station.

e.

Outlots 2 and 3. Outlots 2 and 3 are intended to be developed with freestanding commercial and retail uses. The anticipated uses for these outlots is a 5,000 square-foot fast food restaurant with drive-through on Outlot 2 and a 20,000 square foot shopping center and 5,000 square-foot fast food restaurant with drive-through on Outlot 3.

Figure 5 illustrates the Conceptual Site Plan for the Ridgecrest Commercial Specific Plan.

(2)

Permitted uses. Table 106-575(c)-2 establishes permitted uses for the Ridgecrest Commercial Specific Plan. Ancillary and accessory uses will be reviewed concurrently with each land use proposal. Ancillary and accessory uses that are not specifically listed as permitted may be approved subject to a determination of substantial conformance.

Table 106-575(c)-2. Permitted Uses

Addressograph services Alcohol Sales for off-site consumption (type 21 license) Ammunition sales (not including firearms) Any local retail business or service establishment such as grocery, fruit and vegetable stores, bakery, drugstore, barber and beauty shops, florists, laundromats, drive-through dairies, clothes cleaning and dyeing, variety store, hardware store, which supply services and commodities for residents of a neighborhood. Apparel stores

Appliance stores

Art and antique stores

Art and craft schools and colleges

Art galleries

Art supply stores

Auction rooms

New and used automobile, motorcycle and boat sales rooms and service incidental thereto

Automobile parts supply stores

Automobile service stations and gas stations

Bakeries

Banks

Bars, cocktail lounges and nightclubs

Bicycle shops

Blueprint and photocopy shops

Bookstores and rental libraries

Bowling alleys

Bus depots and transit stations

Business, professional and trade schools and colleges

Camera shops, photographic supplies and photography studios

Card rooms

Car washes

Catering shops

Clothing and costume rental establishments

Communications equipment buildings

Confectionery and ice cream stores

Department stores*

Dry goods stores*

Minor electrical and electronic equipment sales and service

Escrow offices

Farm equipment sales and services Financial institutions

Florists

Frozen food lockers

Furniture stores

Gardening supply sales

Garden shops and nurseries

Gift, novelty or souvenir shops

Glass shops

Grocery stores*

Gunsmith shops

Gymnasiums and health clubs

Hardware stores

Health food stores*

Hobby stores

Home furnishings

Home improvement centers

Hotels, motels and apartment hotels

Ice cream and confectionery stores

Interior decorating shops

Jewelry stores

Leather goods and luggage stores

Lending agencies

Linen supply services

Live/work uses

Locksmiths

Manager/caretaker uses

Medical, dental and orthopedic clinics or laboratories

Millinery shops Mobile home sales Mortuaries Music and dance studios Office and business machine sales and services

Offices which deal primarily in professional services in which goods, wares, merchandise are not commercially created, sold or exchanged for the private market, including medical offices, hospitals, engineering, architectural planning and landscape consulting, law, accounting, bookkeeping, banking and brokerage offices, travel agencies, medical and dental laboratories and clinics, not including hospitals, sanitariums, rest homes or nursing homes for mental patients or drug or liquor addition cases

Paint and wallpaper stores

Paint product sales

Parcel delivery services

Pawnshops

Pet and bird stores

Petroleum product sales; Pesticide sales

Pharmacies, stand-alone or as part of a larger retail use*

Pool chemical sales

Prescription pharmacies in connection with medical office buildings, clinics or hospitals

Printing shops

Public and private charitable institutions

Radio and television broadcasting studios

Restaurants, including drive-in restaurants, cafes, and outdoor cafes*

Scientific instrument stores

Secretarial services

Shoe stores — sales and repair

Sign shops

Small animal hospitals and veterinary offices with no outside animal runs

Sporting good stores, including incidental boat sales

Sports arenas within buildings

Stamp and coin stores

Stationery stores

Storage garages

Superstore-type stores including general merchandise, grocery, pharmacy and other uses permitted independently in the CG zone*

Tailor and dressmaking shops

Telegraph offices

Theaters and auditoriums

Tire, battery and alignment services (not including large trucks)

Tobacco shops Travel bureaus Upholstery shops Variety stores Video arcades Vision and/or hearing services

Note: * 24-hour operations permitted.

(3)

Site development standards.

a.

General standards.

1.

Table 106-575(c)-3 presents the general development standards for the Ridgecrest Commercial Specific Plan:

Table 106-575(c)-3. General Development Standards

• Abuts southern boundary of the specific plan area: 20 feet

Notes:

Building height shall be measured from the finished pad elevation to top of parapet, excluding architectural features.

Setbacks shall be measured from the edge of rights-of-way or property line as applicable.

Depressed ramps and stairways may project into required setbacks, yards or space between buildings more than four feet as approved by the public services director.

2.

Each approved increment of development shall contain the required amount of landscaping and number of parking and loading spaces, as set forth in this specific plan. Where common parking and/or landscape areas are proposed, appropriate easements and covenants, conditions, and restrictions (CC&Rs) shall be established to ensure adequate access throughout the specific plan area, and to ensure ongoing maintenance of common facilities.

b.

Specific use development standards.

1.

Automobile service stations. The term "automobile service station" shall mean an establishment providing gasoline, oil, and other additives, and performing minor repairs and other customary repairs for automobile and light vehicles, but excluding painting, body work, steam cleaning, and major repairs. Automobile service stations shall adhere to the following standards:

(i)

Public restrooms shall be provided at full-service stations and at self-service stations when a building is provided exclusive of canopies.

(ii)

Air and water facilities shall be made available for public use.

(iii)

Each pump island may include computerized payment stations. Such stations shall be situated in a manner that will not cause interference with circulation or the sale of motor fuels.

(iv)

Merchandise, wares, and crates, in the form of storage or displays, shall be permitted inside and outside of the building.

(v)

Hours of operation for the sale of motor fuels, lubricating oils, brake and cooling fluids, and such services and replacements as are permitted within the confines of a building are unlimited. Automobile repair operations hours shall be unlimited. Hours for delivery of products, including automobile fuels, are subject to Environmental Standard H-2.

2.

General maintenance.

(i)

The premises shall be kept in a neat and orderly condition at all times, and all improvements shall be maintained in a condition of good repair and appearance.

(ii)

No used or discarded automotive or truck parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside of an enclosed building or stored within an enclosed building so as to be visible from public view. Vehicles retained on-site for service and/or repair shall be parked in an enclosed structure or within a clearly marked staging area. Outside staging areas shall be sufficiently screened from public view and located in a manner which does not interfere with normal flow of on-site traffic. Staging areas shall be maintained in a neat and orderly manner.

3.

Location of activities. All repair and service activities shall be conducted entirely within an enclosed service building, except as follows:

(i)

The dispensing of petroleum products, water, oil, and air from pump islands.

(ii)

The dispensing of waste to outdoor trash areas.

(iii)

The provision of public telephones provided that they are well lighted, and in a location that is visible from a public street, and accessible on a 24-hour basis.

4.

Restrooms. Service stations shall provide a men's and a women's public restroom which are accessible to the general public (including physically disabled persons), during all hours which the station is open to the

public.

5.

Air pump and water supply. At least one air pump and water supply area shall be provided at each automotive service station, and shall be located such that its use will not conflict with on-site vehicular movement.

6.

Noise. Outdoor public address systems are not permitted.

7.

Signs.

(i)

In addition to the signs otherwise permitted pursuant to this specific plan, one sign with a maximum of ten square feet shall be permitted on each canopy over gasoline islands facing each street frontage.

(ii)

In addition to canopy signs and the signs otherwise permitted pursuant to this specific plan, each service station shall meet the minimum requirements of the state regarding signage display of gasoline prices.

8.

Operating standards. Adult magazines shall be kept in racks providing for the shielding of cover pages and be individually wrapped in plastic shrink-wrap or bags. Adult magazines shall only be accessible to store employees. The sale of alcoholic beverages at automobile service stations shall conform to provisions of this specific plan and the Ridgecrest Municipal Code.

9.

Drive-through facilities and drive-up windows. The term "drive-through facility" shall mean an establishment which provides service directly to the motorist either for consumption upon the site or elsewhere including establishments whose customers may serve themselves. Drive-through facilities shall adhere to the following standards:

(i)

Drive-through facilities and drive-up windows shall be permitted for all uses in the specific plan area.

(ii)

Drive-up windows and remote tellers shall provide adequate space for the stacking of vehicles as measured from the service window or unit to the entry point into the drive-up lane.

(iii)

Drive-up windows and remote tellers shall not be considered as justification for reducing the number of parking spaces that are otherwise required.

(iv)

Pedestrian pathways shall be maintained in such a manner to allow the safe and convenient passage of persons across drive aisles.

(v)

Pedestrian pathways shall be clearly marked with paint and/or enhanced paving materials and designated with adequate and appropriate signage. Pedestrian pathways adjacent to drive aisles shall be separated by a raised curb, planter, berm, or other device to ensure a safe and adequate separation between pedestrians and motor vehicles.

(vi)

Order board speakers shall be installed and maintained in a manner that diminishes and/or directs noise away from adjacent uses and public rights-of-way.

10.

Operating standards. Drive aisles, landscaped areas, and parking facilities associated with drive-through facilities shall be maintained in a neat and orderly manner. Drive-through facilities shall not constitute a nuisance to the specific plan area and/or adjacent uses due to noise, litter, loitering, smoke, or odor.

c.

General design concepts.

1.

Within the Ridgecrest Commercial Specific Plan, site design addresses the nature and function of the use, building, or feature being considered. Architectural design and details are to be integrated throughout the Specific Plan area and oriented to areas within public view. Design within the Ridgecrest Commercial Specific Plan shall meld function and form, not one to the exclusion of the other.

2.

To facilitate design integrity between the variety of uses within the Ridgecrest Commercial Specific Plan, the following standards shall be adhered to:

(i)

Placement of buildings shall consider the existing context of the commercial area, the location of adjacent land uses, and the location of major traffic generators.

(ii)

The architecture (height, scale, style) of each building within the specific plan area shall be compatible with other structures within the specific plan. Building sites shall be developed in a coordinated manner to provide order and diversity and avoid disorderly development.

(iii)

Buildings within the specific plan site shall be typical of other large-scale retail operations. Developers may incorporate "prototype" architectural standards in the design and development of structures within the specific plan area. Buildings shall maintain simple rectangular forms which may be broken up by creating horizontal emphasis through the use of reveals, trellises, landscaping, trim, windows, eaves, cornices, complimentary colors or other architectural and design devices.

(iv)

Large smooth, unarticulated surfaces shall be avoided. A mixture of smooth and textured blocks for

concrete walls is encouraged. Exterior materials requiring high maintenance responsibilities such as stained wood, clapboard, or shingles shall be avoided. Large areas of intense white or dark colors shall be avoided. Subdued colors should be used as dominant overall colors. Bright colors shall only be used for trim and/or specialized uses (store identification, etc.).

(v)

Enhancements that achieve a sense of scale and rhythm, including horizontal and vertical linear elements, score lines, and offsets, shall be installed and maintained on the South China Lake Boulevard and Bowman Road facades.

(vi)

Prior to submittal for building plan check and the issuance of building permits, full color rending and color boards representing the exterior colors and materials to be used shall be submitted to the planning services department.

(vii)

Exterior mechanical equipment shall be screened from public view.

A.

Backflow devices shall be screened by landscaping and walls.

B.

All roof-mounted heating and cooling equipment shall be screened from view by a parapet or other structural feature and designed to match the total structure.

C.

All ground-mounted utility appurtenances shall be located away from public view or adequately screened. Screening should be of a material complimentary to the structure and/or heavy landscaping and berming.

(viii)

Wall-mounted items such as roof ladders and electrical panels shall not be located adjacent to public rights-of-way, unless secured to prevent public access. Service areas (areas for loading/unloading, unpacking of goods, auto service, tire centers, etc.) shall be simple and efficient, and shall not interfere visually or physically with other building operations. No utility appurtenances shall be permitted directly within a pedestrian area.

(ix)

All new gas, telephone lines, and electrical lines of 12 kV or less within the specific plan area shall be placed underground.

(x)

All development within the specific plan area shall comply with all applicable building codes and the requirements of the city, county, state and other responsible agencies.

Figure 6 illustrates the conceptual exterior elevations for the major tenant within the specific plan area. Any buildings proposed on Outlots 1, 2, or 3 of this specific plan shall have a compatible architectural design.

d.

Landscaping. The quality environment envisioned for Ridgecrest Commercial Specific Plan site will be established, in large part, by its landscape treatment. Landscaping is to be designed to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment. Landscaping is also intended to give structure and identity to the overall project. The following landscaping standards shall be adhered to:

1.

Prior to issuance of construction permits, the landscape and irrigation construction drawings shall conform substantially to the conceptual landscape plan and plant palette of the Ridgecrest Commercial Specific Plan identified in Figures 7 and 8. Final landscaping plans shall be submitted for the approval by the planning services director.

2.

Permanent automatic irrigation systems (including drip systems) shall be provided in all landscaped areas.

3.

Within individual landscaped areas, a variety of drought-tolerant and other plant materials shall be utilized that require only the amount of water necessary to keep plants healthy and thriving.

4.

Drip irrigation systems are highly recommended within the specific plan area. If traditional irrigation systems are utilized, sprinkler heads located immediately adjacent to parking areas should be of the "pop-up" variety instead of risers.

The irrigation system shall be designed so that overspray onto structures, streets, sidewalks, windows, walls and fences is avoided.

6.

Landscaping shall be completed and signed off by the public services department prior to occupancy.

7.

Landscaping shall be maintained in an acceptable manner with dead and destroyed landscape items replaced as soon as practical.

8.

Planters shall not drain into parking areas so as to accumulate mud or other unsightly residue.

9.

Building setbacks that are not used for drive entries, parking, loading, or approved outdoor uses shall be fully landscaped. All unpaved areas within developed portions of the site shall be landscaped.

10.

No landscaping shall be required adjacent to the portions of buildings where loading doors and customer pick-up areas are located.

11.

The parking lot landscaping shall include an adequate amount of trees, shrubs and appropriate ground cover to minimize urban heat island and provide for a pleasant and appealing pedestrian experience throughout the parking areas. A shaded walk way shall be installed in two locations along the interior islands as shown on Figure 7.

12.

Planters shall be located around the perimeter of the specific plan area and within parking areas. All shrub areas shall be under planted with groundcover.

13.

All trees used within required landscaped areas, including parking areas, shall have a minimum size of 15 gallons.

14.

All shrubs used within required landscaped areas, including parking areas, shall utilize a mixture of sizes (one to five gallons) and shall be dispersed evenly throughout the landscaped areas.

Tree plantings along the street frontages of South Lake China Boulevard, Bowman Road, and Silver Ridge Road shall be designed to break up long building facades along the street frontage. This shall be achieved by clustering trees into informal drifts, leaving no more than 100 feet between such clusters. The area between such clusters shall be planted with a combination of trees, shrubs, turf, and groundcover planted in a clearly perceptible pattern that creates a sense of scale or rhythm along these roadways.

16.

In addition to turf and trees, flowering shrubs and ground cover shall be planted along the length of the South Lake China Boulevard and Bowman Road perimeter. Such landscaping shall be designed to complement the pattern established by the tree planting.

17.

Enhanced landscape features shall be installed along the southern perimeter of the project site to enhance the view from the existing uses to the south.

18.

Landscaping along public rights-of-way shall be designed to aesthetically screen and soften blank walls, parking areas, storage areas, utility boxes, and other non-aesthetic items.

19.

The planting of hedge shrubs along exterior structures and screen walls is encouraged to deter potential graffiti.

20.

All landscaped areas shall be delineated with a minimum six-inch-high and six-inch-wide concrete curb or equivalent.

21.

Mulch shall be applied in a two-inch layer in all shrub and groundcover areas.

22.

Prior to occupancy of any business within the specific plan area, all perimeter landscaping shall be planted along South Lake China Boulevard and Bowman Avenue.

23.

Landscaping shall be planted concurrent with the development of individual lots within the specific plan area.

24.

All trees within the specific plan area shall be staked or provided with guy wires.

Along the specific plan area frontage, Silver Ridge will have a meandering parkway sidewalk with varying landscaping to enhance the rear of major tenant.

26.

The landscape plans shall include a landscape treatment and maintenance plan for the graded portion of the three outlots post-grading and pre-construction.

Figures 7 and 8 illustrate the conceptual landscape plan and plant palette for the Ridgecrest Commercial Specific Plan.

e.

On-site circulation, parking, and loading.

1.

On-site circulation. The on-site circulation standards within the Ridgecrest Commercial Specific Plan will ensure the efficient and safe passage of vehicles and pedestrians to and from the various commercial uses within the specific plan area. On-site circulation within the specific plan area shall adhere to the following requirements:

(i)

On-site circulation shall be designed for efficient vehicular and pedestrian movement, and is to be logical and easily understood by visitors. For example, where one-way movement is necessary, the design of the circulation system shall discourage individuals from entering an exit. In addition, service access routes shall not conflict with other on-site circulation routes.

(ii)

The circulation system shall include adequate directional signs for entrances, exits, parking areas, loading areas, and other uses.

(iii)

On-site driveways shall be permitted to provide common access between the specific plan area and adjacent properties.

(iv)

Site lines required for safe automobile movement shall be kept clear. Screens and structures shall not be located where they would block such site lines, both entering and leaving the individual developments, and the project site.

(v)

The design and location of vehicular entries (curb cuts) for individual development sites shall be such that the driver has ample time to perceive them when approaching the site. Intersections and driveway approaches should be kept clear of obstructions such as traffic signal standards and landscaping.

(vi)

Individual buildings and parcels need not have direct access to a public street; however, sufficient easements and/or reciprocal access agreements shall be recorded to ensure that adequate ingress and egress is available to each lot and building within the specific plan area.

(vii)

Adequate pedestrian amenities such as benches and shade structures (or shade trees) shall be installed at or near building entrances or at the curbside/sidewalk adjacent to buildings within the Ridgecrest Commercial Specific Plan area.

(viii)

Pedestrian walkways shall be constructed of enhanced paving materials or otherwise distinguished from the surrounding paved areas.

(ix)

On-site pedestrian walkways should provide direct, safe, and adequate movement paths between parking areas and building entrances.

(x)

Truck access to and from the major tenant shall follow the routes as illustrated in Figure 9.

(xi)

Bus shelters will be installed at the site to accommodate existing city dial-a-ride transportation services.

(xii)

Construction routes shall be identified prior to the construction stages and the developer shall submit a map detailing the route to be followed by vehicles making deliveries of equipment, materials, and soils to and from the site to the public services director for review and approval prior to the issuance of grading permits.

2.

Parking. Off-street parking configurations within the specific plan area shall adhere to the following requirements:

(i)

One parking stall per 300 square feet of net floor area shall be required for retail uses in the Specific Plan area, except for building area dedicated for nursery or garden-center sales for which one parking stall per 1,000 feet of net floor area shall be required. (Coffee rooms, restrooms, hallways and mechanical rooms for heating and cooling shall not be used in calculating the required parking spaces unless otherwise stated as gross area. Where these areas are not known as in the case of a shell building, 15 percent of the gross square footage shall be deducted for the non-productive use, the remainder of which shall be used to

calculate the required parking. Additionally, outdoor display areas, seasonal or permanent, shall not be used in calculating the required parking spaces.)

(ii)

Parking spaces shall have the minimum dimensions of ten feet by 20 feet, with a one-foot double stripe between spaces where required by adopted city standards. A recreation vehicle parking space shall have a minimum of ten feet by 24 feet.

(iii)

Not more than 20 percent of the required parking spaces may be designed for compact automobiles. Every space used shall be clearly marked as a "compact" space. The minimum dimensions for compact spaces shall be 7.5 feet by 15 feet, with a one-foot double stripe between spaces where required by adopted city standards. The net aisle width shall not be reduced.

(iv)

Tandem parking spaces may be permitted by the public services director, but shall be limited to use by employees of the facility and shall be so assigned.

(v)

When, after computing the number of parking spaces required, there appears a fractional requirement of one-half space or more, one additional parking space shall be required. If less than one-half, no additional space is required.

(vi)

All parking areas shall be paved with Portland cement, concrete, asphalt or other appropriate approved material as established by the public works director. Four-inch curbing or wheel stops shall be provided around parking lots. Planters shall not drain into parking lots so as to accumulate mud or other unsightly residue.

(vii)

The off-street parking provisions of this section shall not be required for unattended public utility facilities.

(viii)

Handicapped parking spaces shall be provided in all parking lots in accordance with applicable state regulations.

(ix)

On the same premises with every building, structure or part thereof erected or occupied for manufacturing, storage, warehouse, goods display, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry cleaning plant, bus terminal, or other uses similarly involving the receipt or distribution of vehicles carrying materials, merchandise or passengers, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with the

public use of the streets or alleys. Required loading spaces may be included within the required parking space adjacent to a building.

(x)

Employee parking is deemed to be included in the general requirement of one parking stall per 300 square feet of gross floor area.

(xi)

Drive aisles for parking areas shall be designed to the dimensions as shown on the conceptual site plan (Figure 5).

(xii)

Parking spaces shall be oriented to ensure visibility of pedestrians, bicyclists and other motorists while entering, leaving or circulating within a parking area.

(xiii)

Parking areas shall be provided with curbs, bollards, or similar permanent devices where necessary to prevent parked vehicles from bumping buildings, landscaping, or perimeter walls.

(xiv)

Parking areas shall have lighting capable of providing adequate illumination for safety and security. Such lighting shall be indirect, hooded, and arranged to reflect light away from adjoining properties and streets; and shall comply with the lighting standards included in this specific plan.

(xv)

The installation of parking facilities shall occur concurrently with the development of individual parcels and shall be designed for interconnecting access to future subsequent development.

(xvi)

Parking lot design shall be integrated throughout the specific plan area and shall not be constructed as independent "stand-alone" lots that serve only one particular use.

(xvii)

Commercial grade bicycle racks shall be conveniently located close to the building.

3.

Loading.

(i)

Loading spaces shall have the minimum dimensions of ten feet by 20 feet, with a one-foot double stripe between spaces where required by adopted city standards, unless a greater size is approved by the public

services director.

(ii)

Loading areas shall be designed to provide for backing and maneuvering on-site and not from or within a public street. Direct loading from a public street shall not be permitted.

(iii)

Loading areas may be permitted adjacent to a public street provided they are screened by a combination of screen walls, ornamental landscaping, and/or portions of on-site buildings.

(iv)

Loading areas visible from a public street or parking area shall be screened by solid wing walls (constructed of materials such as concrete, concrete block, masonry, and brick) and/or appropriate landscaping so that said loading area is adequately shielded from public view. All such loading areas shall be maintained in a clean and orderly condition.

(v)

Screen walls and wing walls shall be provided adjacent to loading doors and loading areas and shall be of a compatible material with adjacent buildings, and shall be of sufficient height to provide adequate visual screening.

(vi)

On-site truck maneuvering to and from the loading areas shall be provided to accommodate the turning radius of a 66-foot extra-large semi-trailer as shown in the conceptual truck route plan (Figure 9).

f.

Outdoor storage. The following standards shall be applicable within the Ridgecrest Commercial Specific Plan area:

1.

Outdoor storage, including receptacles designed for the aboveground storage of hazardous materials, shall be adequately screened from public view.

2.

Refuse storage and disposal areas, other than trash compactors, shall be provided within trash enclosures which are screened on at least three sides from public view by a solid wall which is not less than six feet in height. The fourth side shall consist of a solid metal gate painted to match or coordinate with the adjacent building (slatted chain link is not acceptable). This includes the cardboard bale and pallet area, as shown on Figure 5 behind the major tenant. Cardboard bales shall be removed as soon as possible.

3.

Refuse bins shall be provided in sufficient number, and shall be placed in convenient locations.

4.

Trash enclosures shall also accommodate recycling bins.

5.

All trash shall be deposited in the trash enclosure, and the gate leading thereto shall remain closed except when in use, and shall remain in good working order.

6.

Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times, and all improvement shall be maintained in a condition of good repair and appearance.

7.

Adequate shopping cart storage shall be provided for the major tenant as shown in the conceptual site plan (Figure 5).

8.

Temporary outdoor storage is prohibited.

9.

No storage of material shall be on the outside of the building.

10.

Outdoor storage provisions do not apply to outdoor sales areas, sidewalk sales, and "garden centers." Sidewalk sales on patios immediately adjacent to commercial buildings ("on-curb") are permitted. Sales within parking areas ("off-curb") are permitted.

g.

Walls and fencing. Walls and fences shall not be used, unless needed or required for screening, security, or buffering land uses. Within the Ridgecrest Commercial Specific Plan, walls and fences may be used to screen parking areas, loading and storage areas, refuse receptacles, and utility structures. The intent is to keep the walls as low as possible while still performing their screening function. Walls and fences shall be designed to complement the architectural design, color and materials of adjacent buildings. Landscaping shall be used in combination with walls when possible. The southern boundary of the adjacent Desert Christian Church shall either have a six-foot block wall, a wrought iron fence, or some combination, subject to the agreement of the Desert Christian Church.

h.

Signage. Signage and graphics will be an important element within the Ridgecrest Commercial Specific Plan. The intent of the sign program is to provide individual tenants maximum sign exposure in a manner

that will complement the overall image of the project. Compatibility of sign size and quality is desired, along with a varied palette of style and character. This combination will enhance the individuality and personality of each individual development within the project area. The definitions stated in Ridgecrest Municipal Code subsection (b) of this section are incorporated herein. The following requirements pertaining to signs include:

1.

Directional signs, ground signs, roof signs, wall signs, monument signs, pole signs, marquee signs, nameplates, portable signs, projecting signs, statuary signs, temporary signs, and window signs shall be permitted in the specific plan area without further approval.

2.

Maximum height for monument signs: eight feet.

3.

Maximum height for pole signs: 20 feet.

4.

Maximum height for wall, roof and window signs: 60 feet.

5.

Minimum setback for all signs excepting wall, projecting and monument signs: five feet.

6.

Aggregate sign area total for all permitted signs: (2.0 square feet)*(length of building frontage).

7.

Each tenant will be responsible for providing one's own building signs. All tenant identification signs shall be constructed and installed at the tenant's expense. Each tenant is responsible for obtaining all required sign and building permits from the city. Each tenant shall be responsible for all fees required.

8.

Tenant wall signs shall be limited to internally illuminated signs with individual channel letters, a Plexiglas face, and sheet metal returns and trim caps. Logos and corporate slogans need not consist of individual letters.

9.

Any requested deviation from the approved sign program shall require the approval of the public services director. Tenants shall be responsible for compliance with this program and all city codes and requirements.

10.

All ground-mounted signs must be set back from the ultimate curb face and positioned so as not to create a hazard for either pedestrian or vehicular traffic. Permanent ground signs shall be fabricated of sturdy, quality materials.

11.

Monument signs should be incorporated into landscaped areas to minimize visual mass.

12.

All signs and their supporting structures shall be constructed of metal, wood or comparable weatherproof material and shall be enclosed as to provide against their infestation by birds and vermin.

13.

No sign shall be installed which will impede minimum safe sight stopping distance as per Caltrans Highway Design Manual.

14.

Billboards are prohibited.

Unless otherwise stated herein, all signage provisions and regulations of the Ridgecrest Municipal Code shall apply to the Ridgecrest Commercial Specific Plan area.

i.

Noise. The operation of any facility within the specific plan area shall comply with Environmental Standards H-1 to H-3, along with the noise standards contained in the noise element of the Ridgecrest General Plan. Outdoor public address systems, where permitted, shall be on low volume during the hours of 10:00 p.m. and 7:00 a.m.

j.

Lighting.

1.

Public area lighting. Public area lighting refers primarily to street lights along public streets. Street lights shall be approved by the city, both in type and location.

2.

Site lighting. The following section addresses illumination of on-site areas for purposes of safety, security, and nighttime ambience, including lighting for parking areas, pedestrian walkways, graphics and signage, architectural and landscape features, shipping and loading areas, and any additional exterior areas. Lighting of the major tenant site will be provided as shown in the conceptual photometric plan (Figure 10). All other lighting proposed throughout the specific plan area shall comply with the Ridgecrest Municipal Code and the following lighting standards:

(i)

Light poles may be up to 25 feet in height.

(ii)

Lighting sources shall be shielded, diffused, or indirect in order to avoid glare to pedestrians and motorists.

(iii)

Lighting fixtures should be selected and located to confine the area of illumination to within the site boundaries.

(iv)

To minimize the total number of freestanding light standards, wall-mounted lights should be utilized where feasible and consistent with building architecture.

(v)

The developer shall provide a security plan for review and approval by the public services director in consultation with the city police department prior to the issuance of the certificate of occupancy for the major tenant. The plan shall include, at minimum, adequate parking lot lighting for safety and security, along with an alternative to full lighting during low store use times between 10:00 p.m. and daybreak.

(d)

Infrastructure and grading. The following section describes the backbone infrastructure systems required to serve the development of the Ridgecrest Commercial Specific Plan. Development of the specific plan area may occur in phases. The initial intended phase, as depicted in Figure 5, includes a major tenant. Figures provided in this specific plan depict the first intended phase of development, and includes more detail than the remaining portions of the specific plan area. Details on the subsequent intended development phases of the specific plan area, including infrastructure details, will be determined as development moves forward. The conceptual utility plan for the intended initial development phase of the Ridgecrest Commercial Specific Plan is illustrated in Figure 11. The off-site improvements that will be completed to serve the project area are illustrated in Figure 12.

(1)

Utilities.

a.

Water facilities.

1.

The specific plan area water supply system will consist of installation of local extensions off of the existing water mains either along West Bowman Road or the old College Heights Boulevard easement and would include water main and infrastructure upgrades. The specific plan area's water demands have been

accounted for in the Indian Wells Valley Water District (IWVWD) Urban Water Management Plan (UWMP), which sets forth water requirements for anticipated growth for the next 25 years.

2.

The Specific Plan area's anticipated water demands are estimated to be 25,680 gallons per day (gpd) or 0.02568 million gallons per day (mgd) (Table 106-575(d)-1).

Table 106-575(d)-1. Estimated Average Daily Water Use

Notes:

sf = square feet.

gpd = gallons per day.

a Source: City of Los Angeles, Draft L.A.CEQA Thresholds Guide Exhibit K.2-11. May 14, 1998. Water consumption assumed to be 120 percent of wastewater generated for a given land use.

;sup\sup; Gas station uses assumed four toilets.

b.

Wastewater facilities.

1.

The Lahontan Regional Water Quality Control Board (LRWQCB) enforces wastewater treatment and discharge requirements for the project area. The project would convey wastewater via municipal sewage infrastructure maintained by the city sewer department to the local wastewater treatment plant. The project developer will pay for the cost and installation of all sewer lines needed to serve the specific plan area.

2.

The specific plan's conceptual sewer system plan includes the construction of gravity sewer improvements with an extension to the east along Bowman Road, then north along Forest Knoll Street to connect to the existing 21-inch ACP sewer main in Upjohn Avenue. In the alternative, the proposed sewer system would

include the construction of a lift station tying into the existing sewer line in China Lake Boulevard. All sewer extensions will be constructed within existing public rights-of way once they leave the specific plan area. There is a sewer main approximately three miles south of the plan area. Sewage from the area would be conveyed via sewer infrastructure to the local treatment plant. The conceptual off-site sewer plan is illustrated in Figure 13.

3.

Currently the plant treats an average daily flow of 2.5 mgd and has capacity to treat an average daily flow of 3.7 mgd. It is estimated that the specific plan area would generate 21,400 gallons (0.0214 mgd) of wastewater daily as shown in Table 106-575(d)-2.

Table 106-575(d)-2. Estimated Wastewater Generation

Notes:

sf = square feet.

gpd = gallons per day.

a Source: City of Los Angeles, Draft L.A.CEQA Thresholds Guide Exhibit K.2-11. May 14, 1998. City of Los Angeles wastewater generation rates are considered acceptable to utilize per written communication from Joe Pollock, Assistant Director, City of Ridgecrest Public Works Department, January 19, 2006.

;sup\sup; Gas station uses assumed four toilets.

c.

Storm drains.

1.

The specific plan area is located within Bowman Wash and the College Heights Wash. These drainage areas contain several subareas that contribute to two channels that converge at the southwest corner of the specific plan area. The city has designed and is in the process of implementing a storm drain master plan designed to accommodate a storm recurrence interval of 100 years.

The following drainage improvements that implement the city's storm drain master plan will be constructed as part of the specific plan:

(i)

Channel BW-9: existing channel will be completely regarded and improved along Bowman Road from Norma Street to China Lake Boulevard with native sides and floor.

(ii)

Culvert BW-10: reinforced concrete culverts and/or pipes will be installed under China Lake Boulevard, connecting BW-9 to BW-11.

(iii)

Culvert CHW-17: a concrete arched span culvert will be installed under East Bowman Road to connect CHW-16 to BW-11.

(iv)

Channel BW-11: proposed storm drain channel improvements along the north side of Bowman Road will be graded and improved from South China Lake Boulevard and will extend east to Sunland Drive to convey the flows currently on Bowman Road.

(v)

A culvert will be installed to route on-site drainage to BW-11.

(vi)

Culvert BW-12: a box culvert or pipe crossing will be installed under Sunland Road to connect BW-11 to BW-13 along Bowman Road.

(vii)

Channel CHW-12: channel improvements from Bataan Avenue to southern site boundary with native sides and floor.

(viii)

Channel CHW-16: channel improvements from CHW-12 to East Bowman Road with native sides and floor.

(ix)

Culvert CHW-16 crossing: a proposed concrete arched span culvert will be installed where CHW-16 crosses under West Entrance Driveway.

(x)

Channel BW-13: channel retention basin improvements (existing flow path) along the north side of Bowman Road from Sunland Drive to Forest Knoll Street with native sides and floor.

Runoff from the project site, as well as off-site flows, will be directed and collected in detention and retention ponds. All contaminants gathered during such routine cleaning would be disposed of in compliance with the Standard Urban Storm Water Mitigation Plan (SUSMP). The channel improvements proposed as part of the project are illustrated in Figures 14a through 14g. A final drainage plan shall be submitted for approval by the public services department prior to commencing any construction.

d.

Solid waste disposal. Ridgecrest sanitation is the only authorized franchise waste hauler for the Ridgecrest area. Wastes are delivered to the city sanitary landfill, which is located at 3301 Bowman Road, west of Jack's Ranch Road. The city sanitary landfill has a peak permitted tonnage of 701 tons per day, and the current remaining daily flow capacity is 554 tons. The landfill's expected closure date is February 2014, but the facility is proposing a vertical and horizontal expansion that would allow the facility to operate through 2036. It is estimated that the specific plan area would generate approximately 2,205,000 pounds of solid waste per year (or 3.02 tons per day), as shown in Table 106-575(d)-3.

Table 106-575(d)-3. Estimated Solid Waste Generation

Notes:

sf = square feet.

lbs = pounds.

a Source: Kern County Waste Management Department Solid Waste Work Sheet, October 2004.

;sup\sup; The amount of solid waste generated by a gas station is minimal, as individuals only use the site for a short amount of time while fueling up their vehicles.

e.

Natural gas. Natural gas service to the specific plan area will be provided by Pacific Gas and Electric (PG&E). Figure 11 identifies the locations of the proposed natural gas lines to serve the first phase of

development in the specific plan area.

f.

Fire. All fire hydrants shall be American Waterworks Association approved. The Kern County Fire Department must review and approve all water improvement plans prior to installation. All structures shall include a sprinkler system built to Kern County Fire Department standards.

g.

U.S. Mail. The United States Postal Service will be consulted as to the location of a mail depository which will be installed per USPS recommendations.

h.

Electricity and telephone.

1.

The specific plan area is located within the Southern California Edison Company (SCE) service territory. SCE would provide electrical services to the proposed project. Telephone service to the Ridgecrest Commercial Specific Plan Site will be provided by Verizon. Figure 11 identifies the locations of the proposed electrical and telephone service lines to serve the first phase of development within the specific plan area. The installation of a raceway at a future location for electric car charging stations will be considered.

2.

All wires, conductors, cables, raceways, and conduits for electrical, telephone and similar services that provide direct service to any property shall, within the boundary lines of such property, be installed underground. Associated equipment and appurtenances such as surface mounted transformers, pedestal mounted terminal boxes, meters, and service cabinets may be placed aboveground and shall be screened and located behind the front setback line of said property.

(2)

Project access. Access to the specific plan area will be provided by one driveway from South China Lake Boulevard, two driveways along West Bowman Road, and a truck service entrance from Silver Ridge Street at the east end of the specific plan area. The driveway access on South China Boulevard will be a rightin/right-out only driveway. The first driveway east of South China Lake Boulevard on West Bowman Road will also be a right-in/right-out only driveway. The easterly West Bowman Road driveway will be a signalized full access driveway. The truck entrance from Silver Ridge Street at the east end of the specific plan area will be used primarily by service vehicles to gain access to the loading areas at the rear of the proposed major tenant. Although Silver Ridge Street is the primary truck entrance, it will be shared by delivery trucks and customers and appropriate signage should be used. Signage identifying weight limits for delivery trucks shall be placed along Silver Ridge Street at specific plan area southern boundary to discourage truck traffic from using Bataan Avenue and College Heights Boulevard. As shown on Figure 12, the following off-site circulation improvements will be constructed as part of the specific plan:

a.

China Lake/Bowman Signal. Traffic signal will be installed at South China Lake Boulevard and Bowman Road and associated turn lanes.

b.

East Bowman Road. East Bowman Road will be widened to two lanes each direction with a 20-foot median along the northern boundary of the site South China Lake Boulevard to Silver Ridge Street. East of Silver Ridge Street, East Bowman Road will be widened to two lanes each direction from Silver Ridge Street to existing road conditions at Sunland Street with transition from improved road to existing conditions.

c.

Sunland Street. Sunland Street will be paved with two 12-foot travel lanes and eight-foot compacted native shoulders from Dolphin Avenue to Upjohn Avenue.

d.

Bataan Avenue. Construct and pave Bataan Avenue with two 12-foot travel lands and eight-foot compacted native shoulders from existing terminus near Desert Christian Center to Silver Ridge Street.

e.

Silver Ridge Street. Construct and pave two 12-foot paved travel lanes curb to curb along Specific Plan frontage and construct and pave two 12-foot paved travel lanes and eight-foot compacted native shoulders from southern specific plan boundary to Bataan Avenue.

f.

Bowman Entrance signal. Traffic signal will be installed at the main entrance on Bowman Road.

g.

South China Lake Boulevard. Road improvements will include the transition from improved intersection at Bowman Road to existing conditions.

h.

West Bowman Road. Road improvements will include the widening of West Bowman Road to two lanes each direction at the existing Wal-Mart frontage and transition to existing improvements west of the existing Wal-Mart.

The proposed physical configurations of the rights-of-way will allow for safe and efficient travel to and from the site. Administrative provisions and signage of the specific plan will facilitate direction and access throughout the project site. Truck traffic shall follow the routes established in Figure 9. Public transportation will be permitted throughout the specific plan area.

(3)

Grading. Given the relatively level topography within the specific plan area, development will result in modest changes to topography and ground surface features to primarily address drainage flow. The conceptual grading plan for the intended initial phase of development within the specific plan area is illustrated in Figure 15. The final site grading plan shall be submitted for approval by the public services department prior to commencing any construction.

(e)

Administration.

(1)

Permit processing. It is anticipated that the specific plan will be developed in phases. It is anticipated that the initial phase will be the development of major tenant portion of the Ridgecrest Commercial Specific Plan area is set forth in Figure 5. Development of the major tenant area which is consistent with the provisions of the Ridgecrest Commercial Specific Plan and Figure 5 may proceed directly to ministerial building permit and construction plan review.

a.

Development of Outlots 1, 2 and 3, as shown on Figure 5, will be subject to site plan review, as provided in the Ridgecrest Municipal Code section 20-22.

b.

Architectural elevations and colors shall be approved by the planning services director.

(2)

Substantial conformance.

a.

Purpose of substantial conformance.

1.

The purpose of substantial conformance is to provide a mechanism for implementing the specific plan. During review of construction plans and building permit applications, the public services director or designee will have the limited ability to interpret the specific plan and determine that the proposed major tenant development is in substantial conformance with the Ridgecrest Commercial Specific Plan. Substantial conformance may include, but is not limited to, inclusion of land uses not listed in chapter 3 of the specific plan; modifications that might be necessary to comply with applicable infrastructure, public services and facilities requirements, and landscape palette; minor adjustments to the major tenant and other issues except that unless specifically permitted by the provisions of this specific plan, substantial conformance shall not include modifications in the basic design of the project; significant changes to the height or bulk of the approved uses; or increases in the density or intensity of the approved uses.

2.

The use of substantial conformance is intended to ensure orderly development, quality aesthetic design, and safe and harmonious placement of uses within the specific plan area. Determinations of substantial conformance (unless specifically noted otherwise) shall be made by the public services director or designee administratively, without the need for a public hearing. In making a determination of substantial conformance, the public services director or designee shall first make all of the required findings set forth in this chapter.

b.

Guidelines for determination of substantial conformance. The following guidelines define the provisions of the specific plan subject to determinations of substantial conformance, and the limits placed on the degree of variance from the provisions of the specific plan that can occur through the substantial conformance procedure.

1.

Permitted land uses. Land uses not listed as permitted in chapter 3 of this specific plan may be permitted, subject to a determination of substantial conformance, provided that:

(i)

The proposed use is compatible with the uses permitted described in chapter 3 of this specific plan; and

(ii)

The proposed use is similar to and will not cause environmental impacts substantially greater than the other permitted uses set forth within chapter 3 of this specific plan.

2.

Infrastructure. Any modifications to the alignment of access roads; parking lot configurations, or adjustments to individual infrastructure facilities plans such as drainage, sewer, water, and utilities shall be subject to substantial conformance review and approval by the public services director or designee. Prior to a determination of substantial conformance, the public services director or designee shall make the finding that the proposed modification will not result in any environmental impacts substantially greater than those which would occur in the absence of the substantial conformance determination.

3.

Environmental mitigation standards. The public services director or designee may approve minor variations from the environmental standards set forth in chapter 6 of this specific plan, subject to a determination of substantial conformance. In making such a determination, the public services director or designee shall first find that the proposed variation provides substantially equivalent environmental protection as the originally approved standard.

4.

Other specific plan provisions. Provisions of the specific plan not identified above, including Figure 5; architectural details; landscape palette; building size, height, bulk, and orientation; parking lot layout; and

other plan details may be modified utilizing substantial conformance provisions. In making such a determination, the public services director or designee shall be required to find that the revisions requested under substantial conformance are consistent with the provisions of the Ridgecrest General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the specific plan.

5.

A maximum ten percent modification to permitted lot coverage, setbacks, floor area (other than the maximum allowable with the project site), and fence and wall heights may be permitted subject to a determination of substantial conformance by the public services director or designee. In making such a determination, the public services director or designee shall be required to find that the revisions requested under substantial conformance are consistent with the provisions of the Ridgecrest General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the specific plan.

6.

The required parking spaces may be reduced by the public services director or designee subject to a

determination of substantial conformance following preparation of a parking study that demonstrates the proposed reduction in parking spaces is justified based on the mix of uses within the specific plan area and the use of shared parking between those uses.

7.

A sign permit application shall be submitted with a comprehensive sign program for approval by the public services director.

c.

Substantial conformance procedure.

1.

Application. Applications for the determination of substantial conformance shall be made on forms provided by the public services director or designee and shall be accompanied by a filing fee, equivalent of a site plan review. Applications shall be made by the owner of the property for which the approval is sought, or an authorized agent.

2.

Hearing. No public hearing shall be required for a determination of substantial conformance.

3.

Action by reviewing authority. The reviewing authority for a determination of substantial conformance shall be the public services director or designee. The reviewing authority shall take action by providing written notice to the applicant approving, conditionally approving, or denying the determination of substantial conformance. The action of the public services director or designee shall be final with no appeal.

Findings. In making a determination of substantial conformance, the public services director or designee shall first make all of the following findings in addition to those identified above:

(i)

The physical characteristics of the site have been adequately assessed, and proposed building sites are of adequate size and shape to accommodate proposed uses and all other features of development.

(ii)

There is supporting infrastructure, existing or available, consistent with the requirements of the Ridgecrest Commercial Specific Plan, to accommodate the development without significantly lowering service levels.

(iii)

The development resulting from the determination of substantial conformance will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land uses, as well as the character of the surrounding area.

(iv)

The proposed improvements related to the development resulting from the determination of substantial conformance adequately address all natural and manmade hazards associated with the proposed development and the project site.

d.

Specific plan amendments.

1.

Purpose. Amendments to the Ridgecrest Commercial Specific Plan shall be required for revisions that are beyond the scope of substantial conformance determinations. Specific Plan amendments are governed by Government Code § 65453 and the Ridgecrest Municipal Code section 20-25.

2.

Required comprehensive review. All proposed development within the Ridgecrest Commercial Specific Plan area for which a finding of substantial conformance cannot be made shall require a comprehensive review as part of any proposed amendment to the Ridgecrest Commercial Specific Plan. Comprehensive review shall include review by all applicable city departments and external agencies as determined by the public services director or designee.

(f)

Environmental standards.

(1)

The specific plan includes environmental standards to ensure that development proceeds with appropriate environmental sensitivity. Environmental technical studies were conducted for the specific plan area and development proposal. Environmental standards were developed from these environmental technical studies along with information from the city general plan. The following environmental technical studies were used in the creation of the Ridgecrest Commercial Specific Plan environmental standards.

a.

City of Ridgecrest Community Development Department. City of Ridgecrest General Plan and General Plan Final EIR 1991-2010, Adopted August 3, 1994.

b.

Christopher A. Joseph & Associates, Ridgecrest Wal-mart and Retail Center Revised Draft EIR, May 2009.

c.

Beaman Biological Consulting, Biological Resource Assessment. May 24, 2004.

d.

Jeff W. Kidd Biological Consulting, Updated Biological Resources Assessment, July 28, 2005.

e.

Gilbert Goodlett - EnviroPlus Consulting, Desert Tortoise Survey Report, April 1, 2007.

f.

Christopher A. Joseph & Associates, Burrowing Owl Survey Report, June 4, 2007.

g.

Christopher A. Joseph & Associates, Jurisdictional Waters and Wetlands Delineation Report, June 2007.

h.

Christopher A. Joseph & Associates, Burrowing Owl Survey Report, August 18, 2008.

i.

Geotechnical Professionals Inc., Geotechnical Investigation, December 10, 2004.

j.

Alaska Petroleum Environmental Engineering, Inc., Phase I Environmental Site Assessment, August 2003.

k.

Alaska Petroleum Environmental Engineering, Inc., Updated Phase I Environmental Site Assessment, May 2005.

l.

Thomas Graham Civil Design Group, Drainage Study, June 2007.

m.

California Historical Resources Information System Cultural Resources Records Search, January 26, 2006.

n.

Natural History Museum of Los Angeles County Paleontological Resources, December 20, 2005.

o.

Christopher A. Joseph & Associates, Ridgecrest Wal-Mart and Retail Center Project Revised Draft EIR, Appendix K-1.

p.

Christopher A. Joseph & Associates, Air Quality Data, Ridgecrest Wal-Mart and Retail Center Project Revised Draft EIR, Appendix D.

q.

Austin-Foust Associates, Inc., Traffic Impact Analysis, February 25, 2009.

(2)

The developer of the specific plan area is responsible to bear the entire cost of environmental standards monitoring and compliance documentation.

(3)

The specific plan's environmental standards and implementation process are listed in Table 106-575(f)-1.

Table 106-575(f)-1. Ridgecrest Commercial Specific Plan Environmental Standards

minimum 2:1 acreage ratio at an appropriate on- or off-site location. The replacement habitat shall be planted no later than the fall or winter following project completion. The replacement habitat shall consist of riparian or desert wash tree species native to the northern Mojave desert, and shall be designed to replace the 0.019 acre of habitat removed within five years after installation. The riparian replacement habitat shall be maintained for a minimum of three years to ensure survival, including any necessary irrigation, protection or weeding. The riparian replacement habitat shall be monitored annually for five years; if mortality of replacement trees occurs within this period, or the 2:1 replacement acreage is not met after five years, then additional riparian vegetation shall be planted and maintained and monitored for an additional three-year period. Monitoring reports shall be submitted annually to the city and CDFG. This riparian habitat replacement shall also adhere to, or may be superseded by, any conditions of a streambed alteration agreement issued by CDFG, under Environmental Standard D-8.

Fish and Game (CDFG)

D-2 To assess if desert tortoises that were not detected in March 2007 are now present, an up-to-date survey shall be conducted prior to project construction, but no more than one year before the initiation of construction activities. Based on the current survey protocol (USFWS2009), the U.S. Fish and Wildlife Service (USFWS) consider the results of surveys to be valid for no more than one year. Surveys shall be conducted by an Authorized Biologist following the most current survey protocol issued by the USFWS. An Authorized Biologist is defined on the "Desert Tortoise — Authorized Biologist and Monitor Responsibilities and Qualification" information sheet prepared by the Service and available online at

http://www.fws.gov/ventura/speciesinfo/protocols_guidelines/. In general, an Authorized Biologist is a biologist with thorough and current knowledge of desert tortoise behavior, natural history ecology, and physiology, and demonstrates substantial field experience and training to safely and successfully conduct his or her required duties. Following the completion of the survey, a survey results report shall be prepared and provided to the appropriate USFWS and CDFG field offices for review. This report shall include, but shall not be limited to, the following: (1) a description of the project; (2) maps delineating the boundaries of the action area (defined by regulation as all areas to be affected directly or indirectly and not merely the immediate area involved in the action [50 CFR § 402.02]); (3) a summary of the survey methods and results, including a copy of the original datasheets; and (4) photographs of the action area.

imited to, the following: (1) a description of the project; (2) maps delineating the boundaries of the action area (defined by regulation as all areas to be affected directly or indirectly and not merely the immediate area involved in the action [50 CFR § 402.02]); (3) a summary of the survey methods and results, including a copy of the original datasheets; and (4) photographs of the action area.

Regardless of the survey results, the applicant shall consult Project developer USFWS/CDFG Prior to with the USFWS and CDFG to obtain concurrence with the construction survey results and to determine if a federal and/or state permit activities that allows incidental "take" of the species is necessary. Project approvals by the city shall be contingent on the applicant securing a federal and/or state permit or receiving correspondence indicating that such permits are not required. Also, any additional measures, such as pre-construction avoidance measures, required by the USFWS and/or the CDFG shall be required by the city as a condition of project approvals.

l "take" of the species is necessary. Project approvals by the city shall be contingent on the applicant securing a federal and/or state permit or receiving correspondence indicating that such permits are not required. Also, any additional measures, such as pre-construction avoidance measures, required by the USFWS and/or the CDFG shall be required by the city as a condition of project approvals.

side of the pipe. The actual limits of removal will be confirmed in the field. • Excavations in compacted fill or dense natural soils may be cut up to four feet vertically. In undocumented fill and the upper dry granular soils, even shallow vertical excavations may cave and will need to be shored or sloped back to an inclination of 1:1 or flatter. Excavations between four and 12 feet deep should be shored or sloped back to 1:1 or flatter. • Surcharge loads should not be permitted within a horizontal distance equal to the height of cut from the top of the excavation or five feet from the top of the slopes, whichever is greater, unless the cut is properly shored. Excavations that extend below an imaginary plane, inclined at 45 degrees below the edge of an adjacent existing site facility should be properly shored to maintain support of adjacent elements. All excavations and shoring systems should meet the minimum requirements given in the most current State of California Occupational Safety and Health Standards. • After completion of the removals in the building pads and to prepare the subgrade in pavement and hardscape areas, the exposed subgrade should be scarified to a depth of at least 12 inches, moisture-conditioned (wetted), and compacted to at least 95 percent of maximum dry density. • The on-site soils are, in general, suitable for use as compacted fill and retaining wall backfill. Retaining wall backfill should consist of on-site or imported granular soils. On-site clayey soils should not be used for wall backfill. • Soils used in compacted fills should be free of debris and should not contain material larger than six inches in any dimension. Soils placed within two feet of the finished grade in building pad areas should not contain any particles larger than two inches in size. • All fill soils should be placed in horizontal lifts, moistureconditioned, and mechanically compacted to at least 95 percent (under the Major Tenant and the upper 12 inches of the pavement areas) or 90 percent (greater than 12 inches below the finished pavement subgrade) of maximum dry density in accordance with ASTM D 1557. The optimum lift thickness will depend on the compaction equipment used and can best be determined in the field. • The moisture content of the fill materials should be within two percent over optimum to readily achieve the required degree of compaction. The moisture content of the existing near-surface soils is, in general, below optimum moisture content and will require moistening prior to compaction. • During backfill of excavations, the fill should be properly benched into the construction slopes as it is placed in lifts. • For earthwork volume estimating purposes, an average shrinkage value of ten to 15 percent and subsidence of 0.1 feet may be assumed for the surficial soils. • Utility trench backfill, consisting of the on-site sandy soils, should be mechanically compacted in lifts. Wall backfill should consist of non-expansive granular soils.

operly benched into the construction slopes as it is placed in lifts. • For earthwork volume estimating purposes, an average shrinkage value of ten to 15 percent and subsidence of 0.1 feet may be assumed for the surficial soils. • Utility trench backfill, consisting of the on-site sandy soils, should be mechanically compacted in lifts. Wall backfill should consist of non-expansive granular soils.

(Code 1980, §§ 20-40.1—20-40.6; Ord. No. 10-01)

Editor's note— The figures referred to in this section are not set out at length herein but are on file at the offices of the city.