Title 17 — ZONING

Chapter 17.02 - GENERAL PROVISIONS AND DEFINITIONS

This title shall be known as the "comprehensive zoning ordinance of the city of Rolling Hills Estates."

(Prior code § 1801)

A.

The purpose of this title is to encourage, classify, designate, regulate, restrict and segregate the highest and best location and use of buildings, structures, and land for agriculture, residence, commerce, trade, industry, water conservation, or other purposes in appropriate places; to regulate and limit the location, height, bulk, number of stories, and size of buildings and other structures hereafter designed, erected or altered; to regulate and determine the size and use of lots, yards, courts and other open spaces; to regulate and limit the percentage of a lot which may be occupied by a building or structure; to regulate the intensity of land use; to establish requirements for off-street parking and loading; to establish setback lines; and to create civic districts around civic centers, public parks, public buildings or public grounds, said purposes to divide the city into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion of streets; to facilitate adequate provisions for

community utilities such as transportation, water, sewerage, schools, parks and other public requirements; and to promote the public health, safety and general welfare, all as cardinal principle of land use and development within the city is that the city shall retain its rural atmosphere and an environment conducive to family home living.

B.

The planning commission and city council, by the adoption of this title, have made a finding that the peace, health, safety and welfare of the community will be served by the creation of the "district" and by the regulations prescribed therein.

(Prior code §§ 1800, 1804 (a)(11))

A.

When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural and those in the plural number include the singular.

B.

"Shall" is mandatory, and "may" is permissive.

(Prior code § 1804 (a)(part) and (a)(1))

17.02.020 - Generally.

For the purpose of carrying out the intent of this title, words, phrases and terms shall be deemed to have the following meanings ascribed to them.

(Prior code § 1804 (part))

"Advertising structure" means any ground sign, billboard or other structure, and any parts thereof, which structure is designed for, is used or intended to be used for, or is erected for the purpose of display or advertisement, or upon which any bill, bulletin, painting, poster, printing, device, illustration, picture or other similar printed matter is painted, written, nailed, pasted, posted, tacked or otherwise fastened, including plastic or glass tube outlining for signs. No board, sign or surface used exclusively to display official notices issued by any court or public office, or posted by any public officer in the performance of a public duty, or a private person giving legal notice shall be considered an advertising structure.

(Prior code § 1804 (b)(1))

17.02.030 - Advisory agency.

The planning commission is herein designated as the "advisory agency" to the city council on all matters related to zoning and the use of land, structures or buildings.

(Prior code § 1804 (b)(2))

17.02.035 - Airport.

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

(Prior code § 1804 (b)(3))

17.02.040 - Alley.

"Alley" means a public or private way at the rear or side of real property, permanently reserved as a means of secondary vehicular access to abutting real property. Frontage on an alley does not satisfy the requirements of this title relating to frontage on a dedicated street.

(Prior code § 1804 (b)(4))

"Amusement arcade" means any place used by or frequented by the general public where more than six games of skill and science, as defined in Section 17.02.245, are maintained or operated.

(Prior code § 1804 (b)(5))

17.02.050 - Animal hospital.

"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.

(Prior code § 1804 (b)(6))

17.02.055 - Apartment.

"Apartment" means a room or suite of two or more rooms in a multiple-family private dwelling, occupied or suitable for occupancy as a residence for one family, and includes kitchen facilities.

(Prior code § 1804 (b)(7))

17.02.060 - Assessor.

"Assessor" means the county assessor of Los Angeles County.

(Prior code § 1804 (a)(5))

17.02.065 - Automobile service station.

"Automobile service station" means an area with facilities used for the servicing of motor vehicles, including retail sales of gasoline, lubricants, petroleum products (not including liquid petroleum gas), tires, batteries, engine and radiator aid preparations, and automobile accessories. Other services therein provided include battery repair and charging, storage of merchandise and supplies relating to the servicing of motor vehicles, cleaning and polishing operations, automobile washing and greasing (including wash racks and grease racks), and automobile repair and engine overhauling.

(Prior code § 1804 (b)(8))

17.02.070 - Bathroom.

"Bathroom" means a room containing a water closet, lavatory and/or tub or shower.

(Prior code § 1804 (b)(9))

17.02.075 - Block.

"Block" means a parcel of land bounded on all sides by public or private streets, highways, freeways, railroad rights-of-way, flood-control channels, creeks, washes, rivers or unsubdivided acreage.

(Prior code § 1804 (b)(10))

"Breezeway" means any space between two structures that is attached by a roof or a similar construction. (See Rolling Hills Estates' building code for additional regulations.)

(Prior code § 1804 (b)(11))

17.02.085 - Building.

"Building" means a permanently, separately located structure having a roof and is completed enclosed. Carports or breezeways shall not be considered a building.

(Prior code § 1804 (b)(12))

17.02.090 - Building area.

"Building area" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

(Prior code § 1804 (b)(13))

17.02.095 - Building, height of.

"Height of building" means the vertical distance from the local grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof. For purposes of measuring the height of buildings, local grade shall include final grade of ground area immediately adjacent to the portion of the structure being measured. Local grade shall not include any artificial berms, mounds or other topographical feature above the final grade line.

(Prior code § 1804 (b)(14))

17.02.100 - Building, main.

"Main building" means a building within which the principal use permitted on the lot is conducted.

(Prior code § 1804 (b)(15))

17.02.105 - Building setback line.

"Building setback line" means the minimum distance as prescribed by ordinance between any property line, or private easement boundary used for vehicular and/or pedestrian access, and the closest point on any building or structure related thereto above ground level.

(Prior code § 1804 (b)(16))

17.02.110 - Building site.

"Building site" means the ground area of a building and any open space required by this title.

(Prior code § 1804 (b)(17))

17.02.115 - Building unit group.

"Building unit group" means two or more buildings grouped on a single lot or parcel.

(Prior code § 1804 (b)(18))

17.02.120 - Carport.

"Carport" means a permanent roofed structure constructed with open sides and used for automobile shelter or storage.

(Prior code § 1804 (b)(19))

17.02.122 - Caretaker's unit.

"Caretaker's unit" means any residence incidental to a primary use of the property in which an employee or other caretaker of the property resides. A caretaker's unit may not exceed one thousand two hundred square feet in habitable area and may include a garage not to exceed four hundred fifty square feet in area. A caretaker's unit may include a manufactured home.

(Ord. No. 684, § 1, 4-10-2012)

17.02.125 - Carwash.

"Carwash" means a facility for the washing and/or waxing of vehicles substantially by means of mechanical devices.

(Prior code § 1804 (b)(20))

17.02.130 - City.

"City" means the city of Rolling Hills Estates.

(Prior code § 1804 (a)(6))

17.02.135 - City council.

"City council" means the city council of the city of Rolling Hills Estates.

(Prior code § 1804 (a)(3))

17.02.140 - Clinic.

"Clinic" means a use providing group medical services, but not including overnight housing of patients.

(Prior code § 1804 (b)(21))

17.02.145 - County.

"County" means the county of Los Angeles.

(Prior code § 1804 (a)(7))

17.02.150 - County recorder.

"County recorder" means the county recorder of Los Angeles County.

(Prior code § 1804 (a)(8))

17.02.155 - Court.

"Court" means a space, open and unobstructed to the sky, located at or above ground level on a lot and bounded on three or more sides by walls of a building.

(Prior code § 1804 (b)(22))

17.02.160 - Day nursery.

"Day nursery" means any structure, group of structures or portion thereof, used primarily for the daytime care of children.

(Prior code § 1804 (b)(24))

17.02.165 - Delicatessen.

"Delicatessen" means a properly licensed establishment where prepared food and refreshments, which may include wine and beer, are sold for consumption off the premises.

(Prior code § 1804 (b)(25))

17.02.170 - Developable area.

"Developable area" means the interior portion of a lot defined by the building setback lines (front, side and rear setbacks) for a main building.

(Prior code § 1804 (b)(26))

17.02.175 - Discotheque.

"Discotheque" means a commercial establishment wherein the primary activity consists of dancing to either recorded music or live music, for the purpose of entertainment.

(Prior code § 1804 (b)(27))

"District" means the land area shown or described on the land use zoning map. District shall have the same requirements and meaning as zone or zoning district, subject to the requirements of the map.

(Prior code § 1804 (b)(28))

17.02.185 - Drive-in/Drive-through food facility.

"Drive-in/Drive through food facility" means an establishment where food is prepared on-site and orders are taken from customers while seated in their cars, and/or food is served to customers in cars, and/or through an exterior service window, and/or parking facilities are provided on-site for consumption of food in automobiles.

(Prior code § 1804 (b)(29))

17.02.190 - Driveway.

"Driveway" means an access to a required off-street parking facility, with paving not less than eight feet in width.

(Prior code § 1804 (b)(30))

17.02.195 - Dump.

"Dump" means an area used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration or disposition by any means, of any solid waste.

(Ord. 629 § 11, 2005: prior code § 1804 (b)(31))

17.02.200 - Dwelling, one-family.

"One-family dwelling" means a dwelling unit designed or used exclusively for the occupancy of one family.

(Prior code § 1804 (b)(33))

17.02.205 - Dwelling unit.

"Dwelling unit" means an integrated assembly of one or more rooms, in addition to a kitchen and bathroom, in a building or portion thereof designed and used exclusively for residential occupancy (with the exception of permitted home occupations) by one family for living or sleeping purposes, and containing only one kitchen.

(Prior code § 1804 (b)(32))

17.02.210 - Easement.

"Easement" means a space on a lot or parcel of land indicated on a subdivision map, in a deed restriction, or in a recorded document reserved for or used for public utilities, public or private uses.

(Prior code § 1804 (b)(34))

17.02.215 - Educational institutions.

"Educational institutions" means schools, colleges or universities giving general academic instruction, as determined by the State Board of Education.

(Prior code § 1804 (b)(35))

17.02.217 - Emergency shelter.

"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.

(Ord. No. 691, § 1, 12-10-2013)

17.02.220 - Family.

"Family" means a group of two or more persons living together as a single housekeeping unit in any dwelling unit, who share expenses equally or do not pay a fixed periodic fee to the principal residents.

(Ord. 547 § 1, 1992: prior code § 1804 (b)(36))

17.02.225 - Federal government.

"Federal government" means the Government of the United States of America.

(Prior code § 1804 (a)(10))

17.02.230 - Fence.

"Fence" means any structure forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered, stake and other similar materials. (See Section 17.02.645, wall.)

(Prior code § 1804 (b)(37))

17.02.235 - Fence, three-rail.

"Three-rail fence" means a fence consisting entirely of wood material, painted white, with three rails and a total maximum height of forty-two inches as described in Section 17.06.350.

(Prior code § 1804 (b)(38))

17.02.240 - Front wall.

"Front wall" means the wall of a building or structure closest to the street which the building fronts, but excluding certain architectural decorative features such as cornices, canopies, eaves or embellishments.

(Prior code § 1804 (b)(39))

17.02.245 - Frontage.

"Frontage" means all property fronting on one side of the street between a paved street and right-of-way, waterway, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that intercepts.

(Prior code § 1804 (b)(40))

17.02.250 - Games of skill and science.

"Games of skill and science" means any mechanical or electronic game participated in by one or more players, the use or operation of which is initiated by placing therein a coin, token, slug or similar device, or which is let for use, operation or play, upon the payment or delivery of anything of value therefor, or upon the making of any purchase, and in which the predominant factor in determining the results of such game is the skill of the player or players and not chance. (See Section 17.02.045, amusement arcade.)

(Prior code § 1804 (b)(41))

17.02.255 - Garage, private.

"Private garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling used for the housing of vehicles of the occupants of the dwelling.

(Prior code § 1804 (b)(42))

17.02.260 - Garage, public.

"Public garage" means any garage other than a private garage.

(Prior code § 1804 (b)(43))

17.02.265 - Garage, storage.

"Storage garage" means any building or premises used exclusively for the storage of vehicles.

(Prior code § 1804 (b)(44))

17.02.267 - General residential care facility.

"General residential care facility" means a residential care facility that serves seven or more persons.

(Ord. No. 689, § 1.A, 12-10-2013)

17.02.270 - Greenhouses.

"Greenhouses" means a structure primarily used for growth and maintenance of plants and classified as a structure in determining a lot coverage.

(Prior code § 1804 (b)(45))

17.02.275 - Guesthouse (accessory living quarters).

"Guesthouse (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. The quarters do not have kitchen facilities and are not rented, leased or otherwise used as a separate dwelling unit.

(Prior code § 1804 (b)(46))

17.02.280 - Half story.

"Half story" means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story, or adjacent stories on a split level home.

(Prior code § 1804 (b)(47))

17.02.285 - Hedge.

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

(Prior code § 1804 (b)(48))

17.02.290 - Height of building.

See Section 17.02.095, building, height of.

(Prior code § 1804 (b)(49))

17.02.295 - Home occupation.

"Home occupation" means any use customarily conducted for profit entirely, within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes, which use does not change the character thereof nor adversely affect true uses permitted in the building of which it is part. (See Chapter 17.48 of this Code.)

(Prior code § 1804 (b)(50))

17.02.300 - Hospital.

"Hospital" means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons, including sanitariums, convalescent hospitals, and institutions for the treatment or care of drug addicts, alcoholics, mentally disturbed persons, or any combination thereof.

(Prior code § 1804 (b)(51))

17.02.305 - Hotel.

"Hotel" means any building containing two or more guestrooms intended or designed to be used, rented or hired to be occupied for sleeping purposes by guests. A hotel provides a range of services to guests including, but not limited to, room service, restaurant and banquet facilities. A hotel's primary orientation is toward a central lobby or courtyard. (See motel, Section 17.02.410.)

(Prior code § 1804 (b)(69))

17.02.310 - Industry.

"Industry" means the manufacture, fabrication, processing, reduction, quarrying or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprises.

(Prior code § 1804 (b)(52))

"Kennel" means any lot or premises on which three or more dogs at least four months of age are kept, boarded or trained.

(Prior code § 1804 (b)(53))

17.02.320 - Kitchen.

"Kitchen" means any room designed to be used or maintained for the cooking and/or preparation of food.

(Prior code § 1804 (b)(54))

17.02.322 - Limited residential care facility.

"Limited residential care facility" means a residential care facility that serves six or fewer persons. Limited residential care facilities are permitted in all zones where single-family dwelling units are permitted and are subject to the same development standards as single-family dwelling units.

(Ord. No. 689, § 1.B, 12-10-2013)

17.02.325 - Loading space.

"Loading space" means an off-street space or berth on the same lot as a main building, or contiguous to a group of buildings, used for the temporary parking of commercial vehicles while loading or unloading, which abuts a street, alley or appropriate means of ingress or egress.

(Prior code § 1804 (b)(55))

17.02.330 - Lot.

"Lot" means:

A.

A parcel of real property with a separate and distinct number or other designation shown on a plat map recorded in the office of the county recorder and legally in existence on March 15, 1960; or

B.

A parcel of real property delineated on an approved record of survey, lot split or subdivision map as filed in the office of the planning commission and abutting at least one street; or

C.

A parcel of real property containing area not less than required by the district in which it is located, abutting at least one public street and except as specifically hereinafter provided, held under separate ownership from adjacent property prior to the effective date of this title.

(Prior code § 1804 (b)(56))

17.02.335 - Lot, corner.

"Corner lot" means a lot located at the intersection of two or more streets.

(Prior code § 1804 (b)(57))

17.02.345 - Lot, corner, reversed.

"Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.

(Prior code § 1804 (b)(58))

17.02.350 - Lot coverage.

"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, regardless of whether the building or structure is intended for human occupancy.

(Prior code § 1804 (b)(23))

17.02.355 - Lot depth.

"Lot depth" means the average horizontal distance between the front and rear lot lines, excluding private road easements, measured in the mean direction of the side lot lines.

(Prior code § 1804 (b)(59))

17.02.360 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Prior code § 1804 (b)(60))

17.02.365 - Lot, key.

"Key lot" means a lot where the side lot line abuts the rear lot line of one or more other lots, and not separated by an alley.

(Prior code § 1804 (b)(61))

17.02.370 - Lot line.

"Lot line" means a line bounding a lot as defined in this chapter.

(Prior code § 1804 (b)(62))

17.02.375 - Lot line, front.

"Front lot line" means, in the case of an interior lot, the boundary line separating the lot from the street or private road easement. In the case of a corner or reverse corner lot, the "front lot line" means the boundary

line separating the narrowest street or private road easement, except in those cases where the latest deed restrictions specify another boundary line as the front lot line.

(Prior code § 1804 (b)(63))

17.02.380 - Lot line, rear.

"Rear lot line" means a lot line which is opposite and the farthest distance from the front lot line. In the case of an irregular or gore-shaped lot, a line within a lot, which is essentially perpendicular to the side lot line, having a length of not less than ten feet.

(Prior code § 1804 (b)(64))

17.02.385 - Lot line, side.

"Side lot line" means any lot boundary that is not a front line or a rear lot line.

(Prior code § 1804 (b)(65))

17.02.390 - Lot of record.

"Lot of record" means a parcel of land as shown on the records of the county assessor at the time of the adoption of this title.

(Prior code § 1804 (b)(66))

17.02.395 - Lot, through.

"Through lot" means a lot having frontage on two parallel, or approximately parallel, dedicated streets. Lot frontage on a through lot, except any lot which is included in or set forth on a subdivision map recorded in the office of the county recorder, shall be determined by the planning commission.

(Prior code § 1804 (b)(67))

"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.

(Prior code § 1804 (b)(68))

"Manufactured home" means a structure which is transportable, built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. A module is a unit of a manufactured home. A manufactured home must comply with the standards established under the National Manufactured Housing Construction and Safety Act of 1974.

(Prior code § 1804 (b)(70))

(Ord. No. 684, § 2, 4-10-2012)

Editor's note— Ord. No.721, § 4A, adopted March 27, 2018, effective April 26, 2018, repealed § 17.02.406, which pertained to medical marijuana dispensary and derived from Ord. 635 § 1 (part), adopted 2007; Ord. No. 704, § 4, adopted February 23, 2016.

"Motel" means a group of dwellings used for commercial purposes such as a building or group of two or more detached, semidetached, or attached buildings containing guestrooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motorcourts, motels, motor inns and similar designations. A motel provides limited services to transient guests and automobile travelers. A motel's primary orientation is toward vehicular facilities. (See Section 17.02.305, hotel.)

(Prior code § 1804 (b)(71))

17.02.415 - Multiple-family private dwelling.

"Multiple-family private dwelling" means a building designed and used for occupancy by two or more families and containing two or more separate kitchen facilities for each family's use, independent of each other, exclusive of any hotel or motel.

(Prior code § 1804 (b)(72))

17.02.420 - Nonconforming building/structure, legal.

"Legal, nonconforming building/structure" means a building/structure, or portion thereof, which was lawfully designed, erected or structurally altered for a use which does not now conform to the use of the district in which it is located, or which does not now comply with all the height and area regulations of the district or neighborhood in which it is located, due to application of this title or to any ordinance adopted prior to the adoption of this title.

(Prior code § 1804 (b)(73))

"Nonconforming use" means a use of a building/structure or land which does not conform to the regulations for the district and surrounding neighborhood in which it is located, as set forth in this title, due to the application of this title or of any ordinance adopted prior to the adoption of this title.

(Prior code § 1804 (b)(74))

17.02.430 - Nursing home.

Same as hospital. (See Section 17.02.300.)

(Prior code § 1804 (b)(75))

Same as advertising structure. (See Section 17.02.025.)

(Prior code § 1804 (b)(76))

"Private parking area" means any open area, other than a street, used for the parking of automotive vehicles and restricted from general public use.

(Prior code § 1804 (b)(77))

"Public parking area" means any area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either with or without remuneration, which may be located outdoors or within a building or structure or on, above or below the surface of the land. Any parking area required under Sections 17.22.050, 17.26.050, 17.30.050, 17.32.040 and Chapter 17.40 shall be deemed a public parking area.

(Prior code § 1804 (b)(78))

17.02.450 - Parking space, automobile.

"Automobile parking space" means space, exclusive of driveways, ramps, columns, loading areas and office or work areas, within a parking area for the parking of one automobile. Each space shall have an area not less than one hundred eighty square feet for the parking of a motor vehicle and additional area shall be required for safe ingress and egress from the space. The area must be usable and accessible for off-street parking.

(Prior code § 1804 (b)(79))

"Parking structure" means a multilevel structure, not located beneath a building, designed and used for parking of motor vehicles.

(Prior code § 1804 (b)(80))

"Person" means an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal government, state, city, county, district, or any other group or combination acting as an entity, except the city of Rolling Hills Estates.

(Prior code § 1804 (b)(81))

17.02.465 - Place.

"Place" means an open, unoccupied space other than a street or alley, permanently reserved by means of recorded deed, or easement as the principal means of access to abutting property.

(Prior code § 1804 (b)(82))

"Planning commission" means the planning commission of the city of Rolling Hills Estates.

(Prior code § 1804 (a)(4))

17.02.475 - Plan review.

"Plan review" means the review by the planning commission of a site plan and other studies used to assist the commission in determining the manner in which the applicant intends to make use of his property. Plan review shall include proposals for development in residential districts in accordance with the neighborhood compatibility (Chapter 17.62 of this code) and in commercial districts in accordance with the precise plan of design (Chapter 17.58 of this code).

(Prior code § 1804 (b)(83))

"Porte cochere" means a canopy attached to any occupancy for the protection and convenience of loading and reloading passengers or materials from or into a motor vehicle, which shall not be considered as a place for motor vehicle storage.

(Prior code § 1804 (b)(84))

17.02.485 - Property.

"Property" means real property, unless specifically described otherwise.

(Prior code § 1804 (b)(85))

"Residential care facility" means a facility that provides twenty-four-hour nonmedical care of persons who are in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment, and which facility is licensed by the state. A residential care facility specifically includes a "community care facility" that provides nonmedical residential care as such term is defined in California Health and Safety Code Section 1502.

(Ord. No. 689, § 1.C, 12-10-2013)

17.02.489 - Residential care facility for the elderly (RCFE).

"Residential care facility for the elderly" has the meaning set forth in Health and Safety Code Section 1569.2. Such housing may include kitchen facilities within the units, even if most or all meals are taken in a

communal dining facility. RCFE facilities are not subject to density limitations as prescribed under Section 17.37.040(B) of this code.

(Ord. No. 694, § 3, 9-23-2014)

"Restaurant" means a properly licensed establishment with facilities for the preparation, serving, sale and consumption of food on the premises.

(Prior code § 1804 (b)(86))

"Rest home" means premises used for the housing of and caring for ambulatory persons over sixty-five years of age, or infirm. There shall be only incidental convalescent care not involving either a trained nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities performed, such as are customarily provided in sanitariums and hospitals.

(Prior code § 1804 (b)(87))

17.02.500 - Retail store.

"Retail store" means a business selling goods, wares or merchandise directly to the ultimate customer.

(Prior code § 1804 (b)(88))

17.02.505 - Retaining wall.

"Retaining wall" means any wall used to resist the lateral displacement of any material.

(Prior code § 1804 (b)(89))

17.02.510 - Room.

"Room" means a subdivided portion of the interior of a dwelling unit, excluding hallways and service porches.

(Prior code § 1804 (b)(90))

"Sanitarium" means a health station or retreat or other place where patients are housed and where medical treatment is given. This does not include institutions for the treatment or care of narcotic addicts, alcoholics or mentally disturbed patients.

(Prior code § 1804 (b)(91))

17.02.520 - Satellite antenna.

"Satellite antenna" means a device designed or used for reception of television or other signals from orbiting satellites.

(Prior code § 1804 (b)(92))

"Elementary school" and "high schools" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools, pursuant to the Education Code of the state of California. (See educational institutions, Section 17.02.215.)

(Prior code § 1804 (b)(93))

"Senior independent living facility" means an age-restricted housing development that is not licensed by the state of California and is designed to enable seniors to live an independent lifestyle that includes recreational, educational and social activities. Such housing includes kitchen facilities within the unit, even if most or all meals are taken in a communal dining facility.

(Ord. No. 694, § 3, 9-23-2014)

"Sign" means any printing, writing, design, device, illustration, picture, diagram, outline or other representation appearing on or as a part of any card, cloth, paper, plastic, metal, glass, wooden or stone material and any and all devices, structural or otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, in the front, rear, sides or top of any structure, on any land or any tree, wall, bush, rock, post, fence, building or structure, and visible from any public or private street, way, thoroughfare, alley or walk, which device announces or directs attention to the name or nature of a business, occupant of a structure, building or land, the nature or type of goods, services or products produced, sold, stored, furnished or available at that location, or at any other location, including political signs as defined in Section 17.60.030 and signs used specifically for the sale of real property, and including all parts, portions, units and materials composing the same, together with the frame, background, structure support and anchorage therefor, but not including official notices issued by any court or public body or officer or directional warning or information sign or structures required by or authorized by law or by federal, state, county or city authority. The term "placed" as used herein shall include erected, constructed, posted, painted, printed, tacked, glued, stuck, carved or otherwise fastened, fixed or made visible in any manner whatsoever.

(Prior code § 1804 (b)(94))

"Single room occupancy (SRO) facility" means a facility operated by a provider with six or more dwelling units for persons of lower income where each unit has a minimum floor area of two hundred fifty square feet and a maximum floor area of three hundred fifty square feet. These dwelling units must have kitchen and bathroom facilities, and must be offered on a monthly basis or longer. For the purposes of this

definition, a "provider" means a government agency or private nonprofit organization that provides or contracts with recognized community organizations to provide SRO housing, and "lower income" has the meaning set forth in Health and Safety Code Section 50079.5.

(Ord. No. 689, § 1.D, 12-10-2013)

17.02.533 - Skilled nursing facility.

"Skilled nursing facility" has the meaning set forth in Health and Safety Code Section 1250. For purposes of this code, "intermediate care facility" has the same meaning as "skilled nursing facility." Skilled nursing facilities are not subject to density limitations as prescribed under Section 17.37.040(B) of this code.

(Ord. No. 694, § 3, 9-23-2014)

17.02.535 - Stable, private.

"Private stable" means a detached accessory structure for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

(Prior code § 1804 (b)(95))

17.02.540 - Stable, public.

"Public stable" means a stable other than a private stable.

(Prior code § 1804 (b)(96))

17.02.545 - State.

"State" means the state of California.

(Prior code § 1804 (a)(9))

17.02.550 - Story.

"Story" means a space in a building between the upper surface of any floor and the upper surface of the floor next above, or if there is not a floor above, then the space between such floor and the top of the supporting structure to which each ceiling is attached.

(Prior code § 1804 (b)(97))

17.02.555 - Street.

"Street" means a public or private 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, including avenue, place, way, drive, land, boulevard, highway, road and other thoroughfare, except as excluded in this title.

(Prior code § 1804 (b)(98))

17.02.560 - Street centerline.

"Street centerline" means the centerline of a street or right-of-way as established by surveys certified by the city engineer.

(Prior code § 1804 (b)(99))

"Street line" means the boundary line between a street, or street right-of-way, or public or private ingress/egress easements, and abutting property.

(Prior code § 1804 (b)(100))

17.02.570 - Street, local.

"Local street" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a major or secondary highway or major traffic street on the master plan for the city.

(Prior code § 1804 (b)(101))

17.02.575 - Street, side.

"Side street" means any street abutting a corner lot, which extends in the same general direction as the line determining the depth of the lot.

(Prior code § 1804 (b)(102))

17.02.580 - Structure.

"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, which requires location on the ground. Ground treatments such as streets, parking lots, driveways, walks (up to five feet in width), bicycle trails and horse trails shall not be considered structures. (See Section 17.02.590, structure, ground.)

(Prior code § 1804 (b)(103))

17.02.585 - Structure, accessory.

"Accessory structure" means a building, part of a building or structure; use of which is subordinate to and incidental to that of the main building and is used on the same lot in the same district. Accessory structures are any structures that extend one foot in height over the local grade. When an accessory structure is part of, or attached to the main building, it shall be considered a part of the main building.

(Prior code § 1804 (b)(104))

17.02.590 - Structure, ground.

"Ground structure" means any constructed feature placed below or on the ground which does not extend above one foot in height as measured from local grade. This shall include, but is not limited to patios, pools, spas and sports courts. Such features shall be considered in calculations of lot coverage.

(Prior code § 1804 (b)(105))

"Structural alterations" means any change in the supporting members of a building such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundation piles, retaining walls or similar components.

(Prior code § 1804 (b)(106))

"Supermarket" means a commercial development which includes three or more of the following uses: grocery department, meat market, drug department, liquor sales department, fruit and vegetable department, and sections or departments for the sale of incidental items of a convenience type.

(Prior code § 1804 (b)(107))

"Supportive housing" has the meaning set forth in California Health and Safety Code Section 50675.14. Supportive housing is permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.

(Ord. No. 691, § 1, 12-10-2013)

17.02.605 - Trailer, automobile.

"Automobile trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a trailer coach.

(Prior code § 1804 (b)(108))

"Transitional housing" has the meaning set forth in California Health and Safety Code Section 50675.2. Transitional housing is permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.

(Ord. No. 691, § 1, 12-10-2013)

17.02.610 - Truck and trailer sales lot.

"Truck and trailer sales lot" means an open area where trucks and/or trailers are sold, leased or rented and where no repairs, repainting or remodeling is done.

(Prior code § 1804 (b)(109))

17.02.615 - Unit, secondary.

"Secondary unit" means a separate dwelling unit attached to and accessible through the main building. The unit does not exceed six hundred forty square feet in size and shall not be occupied by more than two persons, at least one of which shall not be less than sixty years of age, who shall be related by blood to the occupant(s) of the main building. Secondary units shall be subject to the provisions set forth in Chapter 17.56 of this code.

(Prior code § 1804 (b)(112))

17.02.620 - Use.

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

(Prior code § 1804 (b)(110))

17.02.625 - Use, accessory.

"Accessory use" means a use incidental or subordinate to and developed exclusively to the main use of the land or structure thereon.

(Prior code § 1804 (b)(111))

17.02.630 - Use, compatible.

"Compatible use" means a use that by its manner of operation is suitable for the district in which it may be nonconforming. A use of land and/or structure which is in harmony with the uses on abutting properties in the same district.

(Prior code § 1804 (b)(113))

17.02.635 - Used.

"Used" includes arranged for, designed for, occupied or intended to be occupied for.

(Prior code § 1804 (a)(2))

17.02.640 - Visual obstruction.

"Visual obstruction" means any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intercepting streets and alleys at a point twenty-four inches above ground, measured in a vertical plane in the sidewalk area.

(Prior code § 1804 (b)(114))

17.02.645 - Wall.

"Wall" means any structure or device forming a physical barrier, which is constructed so that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This shall include concrete, concrete block, wood or other materials that are solids and are assembled as to form a solid barrier.

(Prior code § 1804 (b)(115))

"Yard" means any open space other than a court on the same lot with a building/structure or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for projections, accessory buildings, structures and/or signs permitted by this title.

(Prior code § 1804 (b)(116))

17.02.655 - Yard, front.

(See Figure 17.02.655.)

"Front yard" means:

A.

On developed residential lots, the area extending across the full width of the lot measured from the front property line or edge of a private or public easement used for access purposes which incorporates the entire area between the front property line and the front face of the building and extending to the side property lines parallel or equidistant with the front property line;

B.

On undeveloped residential lots, the area extending parallel across the full width of the lot measured from the front property line to the minimum setback line established for the zone.

(Prior code § 1804 (b)(117))

==> picture [216 x 395] intentionally omitted <==

17.02.660 - Yard, rear.

"Rear yard" means a yard on a lot measured from the rear property line of the lot to the extreme rear line of the main building and extending across the full width of the lot, except in the case of street facing yards (except as noted in Section 17.02.675).

(Prior code § 1804 (b)(118))

Side and rear yards, as well as front yards on undeveloped lots, are established by the property line setback and height specification which create requirements for residential dwellings, creating a threedimensional envelope in which the permitted projections (from residences) are allowed to extend. These required yard areas encompass the air space between any vertical planes located on the property line and minimum setback requirement. These planes shall be established by the required setback standards, regardless of the location of existing structures in side and rear yards, except in the case of street facing yards.

(Prior code § 1804 (b)(119))

17.02.670 - Yard, side.

"Side yard" means a yard extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear yard between the side lot line and the nearest wall of the main building or of a building attached thereto (except as noted in Section 17.02.675).

(Prior code § 1804 (b)(120))

17.02.675 - Yard, side street facing.

"Side street facing yard" means a yard extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear lot line, and incorporates the full depth of the lot.

(Prior code § 1804 (b)(121))

The same as district. (See Section 17.02.180.)

(Prior code § 1804 (b)(122))

17.02.685 - Zoning district.

The same as district. (See Section 17 02.180.)

(Prior code § 1804 (b)(123))

"Zoning review" means the right of the city council to review, after the establishment of a date for the review in a zoning district changing procedure, the appropriateness of the change if the privileges granted by such changes of zoning classification are not exercised within the period of time set for the development of the land.

(Prior code § 1804 (b)(124))

17.02.695 - Zoning district, change of.

"Change of zoning district" means the legislative act of removing one or more parcels of land from the zoning district and placing them in another zoning district on the land use zoning map of the city.

(Prior code § 1804 (b)(125))

Chapter 17.04 - USE DISTRICTS DESIGNATED

17.04.010 - Established.

The districts described in Section 17.04.020 shall be established under this title.

(Prior code § 1805)

17.04.020 - Designated.

For the purposes related to the orderly development of the city, and in order to carry out the provisions of this title, the city is divided into zoning districts, except for those designated as overlays:

(Ord. No. 749, § 3A(Exh. A-3), 7-9-2024; Ord. 547 § 2, 1992: prior code § 1806)

When a use is not specifically listed in the sections devoted to uses permitted, it shall be assumed that such uses are expressly prohibited unless a written decision by the city council determines that the use is similar to and not more objectionable than the uses already listed. When any use is listed in a less restrictive district (A being less restrictive than R-A), the use may not be permitted in a more restricted district except as otherwise provided herein.

(Prior code § 1807)

The districts set out in Section 17.04.020 and the boundaries of such districts are shown upon a map attached to the ordinance codified in this title and made a part of this title, being designated as the "official

zoning district map." The map and all the notations, references and other information shown thereof shall be as much a part of this title as if the matters and information set forth by the map were all duly described herein.

(Prior code § 1808)

Where uncertainty exists as to the boundaries of any district, as shown on the official zoning district map, the following apply:

A.

Street, Alley or Lot Lines. Where indicated, district boundaries are approximately street, alley or lot lines. The lines are determined to be the boundaries of the district. Otherwise, the boundaries shall be determined by the dimensions shown on the official zoning district map. In the absence of a dimension, the boundary shall be determined by the use of the scale shown on the map. A street, alley, railroad or railway right-of-way, watercourse, channel or body of water, included on the official zoning district map shall,

unless otherwise indicated, be included within the zone of adjoining property on either side thereof; and where such street, alley, right-of-way, watercourse, channel or body of water serves as a boundary between two or more different zoning districts, a line midway in such street, alley, right-of-way, etc., extending in the general direction of the long dimension thereof shall be considered the boundary between zoning districts.

B.

Vacations. In the event that a vacated street, alley, right-of-way or easement was the boundary between two districts, the new zoning district boundaries shall be at the new property line; provided, however, that where the vacation does not involve the establishment of new property lines, the zone boundary shall be fixed along a line no greater than twenty-five feet from the centerline of the vacated street, alley, right-ofway or easement.

C.

Uncertainties. Where uncertainties exist, the council shall, by written decision, determine the location of the district boundary or building setback line.

(Prior code § 1809)

The original of the official zoning district map shall be kept on file with the city clerk and shall constitute the original record. A copy of the map shall also be filed with the building inspector for his use.

(Prior code § 1810)

All amendments and changes to the official zoning district map shall be recorded by the city clerk with the building inspector not later than forty-eight hours after such amendment becomes effective. All amendments and changes to the official zoning district map shall be recorded periodically upon a new copy of the official zoning district map. The new map shall be filed by the city clerk with the building inspector.

(Prior code § 1811)

The city council may, from time to time, order the revision of the official zoning district map so as to include all changes to date and to take the place of the original map which is part of this title. No changes shall be made upon such revised map that have not been made in regular form by the city council.

(Prior code § 1812)

All land or territory annexed to the city shall, without additional proceedings, immediately, upon the completion of the annexation, be classified in the R-A-20 district, unless the city council does not specifically zone the land or territory to be annexed. Upon the completion of the annexation, the zoning map shall be amended so as to include the land or territory as R-A-20 without additional proceedings. The council may establish specific zoning for land or territory to be annexed, the procedures for which may be initiated prior to the effective date of annexation, and which zoning may be effective upon the completion of the annexation. Once such specific zoning is established by ordinance, the zoning map shall be amended so as to include the land or territory as zoned as specified by the city council.

(Prior code § 1813)

All new construction, building, improvements, alterations or enlargement, or movement undertaken after the effective date of this title, and all new uses or occupancy of premises within the city, shall conform with the requirements, character and conditions as to use, height and area laid down for each of these several zones or districts as described in the sections of this title. It shall be unlawful for any person, firm or corporation to design, erect, construct, establish, move into, alter, enlarge or use, or to cause, or permit to be erected, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement or use of premises located in any zoning district described in this title contrary to the provisions of this title. However, nothing herein shall be deemed to affect or change the status of any structure or use which did not conform to the provisions of Ordinance No. 76 of the city, originally adopted February 10, 1960, and as thereafter amended.

(Prior code § 1814)

The provisions of this article shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the Public Utilities

Commission, which uses are related to public utility purposes, of water and gas pipes, mains and conduits, electric light and power transmission and distribution lines, telegraph and telephone lines, sewers and sewer mains and incidental appurtenances. The location of the lines, mains and conduit, except lines to serve individual customers when the lines are located on the property of the customer, shall be subject to city council review and approval, except when located on public street, alley or highway rights-of-way or in easements provided for such service as shown on an approved and recorded subdivision map or record of survey.

(Prior code § 1815)

Chapter 17.06 - RESIDENTIAL DISTRICTS GENERALLY

The R-A-E, R-A-20, R-A-15, R-A-10 and A (Agricultural) districts, (hereinafter referred to as "districts") are intended to be single-family residential districts which include single-family homes on lots with not more than one dwelling unit and customary accessory structure(s) upon one lot.

(Prior code § 1820)

The following uses are the only uses permitted in the districts, subject to the property development standards in Sections 17.06.060 through 17.06.330:

A.

A one-family dwelling of a permanent character placed in permanent locations. This includes a manufactured home, provided that no more than ten years have elapsed between the date of manufacture of the manufactured home and the date of the application for a permit to install the manufactured home in the applicable zone;

B.

Accessory structures and uses, including a private garage, one guesthouse; provided, however, that nothing herein shall be deemed to permit multiple-family use or rental of accessory buildings. Carports are expressly prohibited. Permitted accessory structures include satellite antennae, as defined in Section 17.02.520 and regulated in Sections 17.06.460 through 17.06.490, except that satellite antennae subject to the Federal Communications Commission (FCC) Over-The-Air-Receiving Devices Rule (47 CFR. 1.4000), including a satellite dish antenna less than one meter (39.37") in diameter, are not subject to Sections 17.06.480 and 17.06.490;

C.

Informational entrance signs designating the name of neighborhood or owner associations, provided the city council approves such signs by minute order;

D.

Keeping of animals, as provided in Chapter 17.46 of this code;

E.

Customary uses incidental to any of the above uses including, but not limited to, home occupations as described in Chapter 17.48 of this code.

(Prior code § 1821)

(Ord. No. 684, § 3, 4-10-2012)

17.06.030 - Conditional uses.

The following uses shall be permitted in the districts; provided, that in each instance a conditional use permit is first obtained in accordance with the procedure stated in Chapter 17.68 of this code.

A.

Public parks and playgrounds, golf courses and other municipal recreation areas;

B.

Police and fire stations and such other public buildings as are determined by the city council to be essential to the health, safety and general welfare of the community;

C.

Public utilities such as electric distribution substations, water wells, water plumbing plants, water storage tanks and similar facilities.

(Prior code § 1822)

17.06.040 - Prohibited uses.

The following uses are expressly prohibited in the districts described in Section 17.06.010:

A.

Multiple-family residential uses;

B.

Commercial uses, including home occupations as defined in Section 17.02.295, unless such home occupations meet the criteria set forth in Chapter 17.48 of this code;

C.

All industrial uses.

(Prior code § 1823)

There shall be no more than one dwelling unit per lot, except for accessory living quarters or guesthouses which conform to the definition stated in Section 17.02.275.

(Prior code § 1824)

The property development standards set out in Sections 17.06.070 through 17.06.330 shall apply to all lots in the districts; provided, however, that when a lot has an area or width less than that required in the districts, commonly referred to as a substandard lot, which was held under separate ownership, or was of record on March 15, 1960, such lot may be devoted to the uses permitted pursuant to Section 17.06.020, the uses conditionally permitted pursuant to Section 17.06.030, and use(s) specific to each district.

(Prior code § 1825 (part))

The lot coverage standards set out in this section apply to all lots and premises in the R-A-E, R-A-20, R-A15, R-A-10 and "A" agriculture districts (thereinafter referred to as "districts").

A.

Purpose. The purpose of this section is to preserve and promote the city's rural residential character by creating and maintaining residential open space. This purpose shall be accomplished by establishing and enforcing standards for coverage of a lot by structures, buildings, ground structures and satellite antennae; recognizing the development needs of the residential community; ensuring that development is consistent with the goals of the city's general plan; and promoting a uniformity of regulations and conditions to protect and maintain the health, safety and welfare of residential properties.

B.

Included in Legally Established Lot Coverage. The following items (as defined in Chapter 17.02) shall be included in lot coverage calculations:

1.

One hundred percent of the surface area of the lot covered by building(s) including, but not limited to, residences, barns, accessory buildings and garages;

2.

One hundred percent of the surface area of the lot covered by structure(s) including, but not limited to, breezeways, carports, porte cocheres, trellises, patio covers, pilasters and accessory structures;

3.

Seventy-five percent of the surface area of the lot covered by ground structure(s) below one foot in height measured from grade level including, but not limited to, patios, decking, pools, gravel, ponds, spas, sports courts, hardscape, tennis courts, and that portion of walkways and driveways which are not excluded from

lot coverage. Fifty percent of the surface area of the lot covered by ground structures such as "Turf Block," "Grass Crete" or similar material;

4.

Satellite antenna (as defined in Section 17.02.520) shall be calculated as follows: at C (Coverage) = Area of the antenna × a variable factor. The variable factor shall be as follows:

a.

If the maximum height of the antenna is below five feet, the variable factor shall equal two,

b.

If the maximum height of the antenna is five feet to ten feet in height, the variable factor shall equal four;

C.

Excluded from Lot Coverage. The following types of development shall be excluded from lot coverage calculation:

1.

Walls;

2.

Fences;

3.

Walkways built on grade (the portion of the walkway in excess of four feet in width shall be counted as seventy-five percent lot coverage);

4.

Building eaves (the portion of the eave which projects more than four feet from the building face shall be counted as one-hundred percent lot coverage);

5.

Bay windows (located a minimum of twelve inches above grade);

6.

Driveways (with the exception that if two or more are situated on the lot, the shortest driveway to the garage that is located closest to the street shall be excluded, all others, including circular driveways, shall be included in lot coverage calculations. However, the shortest portion of a circular driveway which provides direct access to the garage shall be excluded from lot coverage calculation);

Streets, sidewalks, or roads located within a private roadway easement which provide access to other legally subdivided properties;

8.

One temporary structure without footings, located in the rear or side yard, which does not cover more than sixty-four square feet of the surface area of a lot, such as a utility shed, playhouse, or dog house;

9.

Horse corrals and dressage arenas;

10.

Grass tennis courts.

D.

Maximum Lot Coverage. The maximum coverage of a lot by structures, buildings, ground structures and satellite antennae shall be as follows:

1.

In the R-P-D, R-A-20 and R-A-15 districts the maximum coverage of a lot by structures, buildings, ground structures and satellite antennae shall not exceed thirty percent;

2.

In the R-A-E and "A" district the maximum coverage of a lot by structures, buildings, ground structures and satellite antennae shall not exceed twenty-five percent;

3.

In the R-A-10 district the maximum coverage of a lot by structures, buildings, ground structures and satellite antennae shall not exceed thirty-five percent.

E.

Front Yard Coverage. Notwithstanding any other provision of this section, front yard coverage shall include all buildings, structures, and ground structures, including but not limited to hardscape such as walkways and driveways and all such structures, walkways and hardscape, shall be calculated as one hundred percent. Front yards as defined in Section 17.02.655 shall be limited to coverage by the following percentage requirements based on the subject property's street frontage width:

F.

Enforcement of Lot Coverage Standards and Requirements. Compliance with the lot coverage standards and requirements as provided herein shall be addressed on a case-by-case basis as part of the city's neighborhood compatibility review process, pursuant to Section 17.62.010, et. seq. Moreover, the standards and requirements set forth in this section may be enforced in any manner provided in this title for the enforcement of the laws and regulations provided in this title.

G.

Conflict. If any portion of this section is found to be in conflict with any other city ordinance, the provision which establishes the higher standard shall prevail.

(Ord. 549 § 1, 1993: prior code § 1825 (a))

No building or structure erected in the districts shall be greater than twenty-seven feet in height except those with flat, parapet or mansard type roofs, which shall not be greater than twenty-one feet in height.

(Prior code § 1825 (b))

In all districts, accessory buildings shall be no greater, either singly or collectively, than five hundred square feet, except as specified below:

A.

Lots within the "H" overlay district, as prescribed in Chapter 17.36 of this code, shall be permitted a one thousand square foot, four-horse stable and/or barn, in addition to the five hundred square foot size limitation stated in this section, if all lot coverage, setbacks, building height, and neighborhood compatibility requirements as set forth in this code are met.

B.

(Deleted by Ord. No. 682).

C.

Detached garages providing minimum code required off-street parking facilities, as prescribed in Section 17.06.440, shall be exempt from accessory building size limitations.

D.

An accessory building shall be compatible with the main residence and shall be limited to a maximum of sixteen feet in height.

E.

Accessory Building Limitations on Landfill Properties.

1.

All enclosed structures as determined by the building code, shall require a methane barrier.

2.

Structures greater than four hundred square feet in size shall be permitted only if:

a.

A report has been filed by a civil engineer certifying that the structure has been designed so as to prevent damage to the surrounding areas (including, but not limited to hydrology patterns, earth settlement, and surface cracking resulting from the construction), structure, floors, underground piping, and utilities, due to uneven settlement of the fill.

b.

A civil engineer shall provide to the building official a signed statement attesting that the construction has taken place in accordance with the civil engineer's report.

3.

Structures less than four hundred square feet in size shall comply with all applicable code requirements, including, but not limited to methane barrier, and shall comply with the "hold harmless" form requirements, as prescribed in subsection (E)(4) of this section.

4.

Property owners shall record and file with the city a hold harmless form as provided by the city for all structures located on a landfill and acknowledge receipt of the city's advisory sheet for landfill properties. Each existing recorded hold harmless agreement regarding structures located on landfill properties shall constitute a hold harmless form, as such term is used in this section.

5.

No dwelling units shall be permitted on landfill areas.

6.

All construction shall comply with the applicable building code requirements.

7.

In addition to the requirements herein, parcels may be subject to other applicable requirements of the state, county, city, other governmental entities, and applicable agreements.

(Ord. 590 § 1, 1997; prior code § 1825 (c))

(Ord. No. 682, § 1, 10-11-2011)

The standards set out in Sections 17.06.110 through 17.06.310 shall constitute minimum yard requirements.

(Prior code § 1825 (d)(part))

Each lot shall have a front yard, as defined in Section 17.02.655, which extends across the full width of the lot; the yard to have a depth of not less than twenty-five feet.

(Prior code § 1825 (d)(1)(part))

On developed lots, the front yard shall constitute that area between the front property line and the entire front face of the main building and any accessory structures.

(Prior code § 1825 (d)(1)(i))

On undeveloped lots in a developed neighborhood, in which developed lots comprise forty percent or more of the frontage of one side of the street located between intersecting or intercepting streets, the required front yard setback shall be an average of the existing setbacks of these development lots. The average shall include the depth of front yards remaining in the block frontage, as described in Section 17.06.110.

When an existing setback distance is over fifty feet from the property line, the distance shall be calculated in the average as fifty feet. In no case shall the front yard be less than twenty-five feet.

(Prior code § 1825 (d)(1) (ii))

On key lots, the minimum front yard shall be the same as the front yard on interior lots in the same block. When buildings on the adjoining interior lots are closer to the property line than the distance prescribed above for such front yard, the front yard on the interior lots shall be measured from the existing building, but in no case may the yard be less than fifteen feet.

(Prior code § 1825 (d) (1)(iii))

17.06.150 - Front yard—Construction of structures.

No structure shall be constructed in a front yard, unless expressly permitted by this title.

(Prior code § 1825 (d)(1)(iv))

There shall be a side yard on each side of the lot extending from the front yard to the rear yard, which shall not be less than ten feet in width, with the exceptions set out in Sections 17.06.170 through 17.06.240.

(Prior code § 1825 (d)(2)(part))

17.06.170 - Side yard—Common party walls.

For the purpose of side yard regulation, dwellings with common party walls shall be considered as one building occupying one lot.

(Prior code § 1825 (d)(2)(i))

17.06.180 - Side yard—Structures in excess of fourteen feet in height.

Where the height of a structure is in excess of fourteen feet above the finished local grade, areas in excess of the height shall be set back an additional foot of distance for every foot of height in excess of fourteen feet.

(Prior code § 1825 (d)(2)(ii))

17.06.190 - Side yard—Accessory structure setbacks.

Accessory structures shall be set back ten feet from the side property line with the following exceptions:

A.

With the exception of street side property lines, a detached accessory structure may extend to within three feet of side property lines when the entire accessory structure is at least eighty-five feet from the front property line, and the structure is at least thirty-five feet from an off-site residence.

B.

When a garage or accessory structure (except those with dwelling occupancy) abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than twenty-five feet from the closest portion of the alley.

(Prior code § 1825 (d)(2)(iii))

Where accessory living quarters/guesthouses are detached, or part of, or are over an accessory building or garage, the entire structure shall be subject to the setback provisions for the main building as required in Section 17.06.160.

(Prior code § 1825 (d)(2)(iv))

When a main building abuts an existing or proposed alley, the building shall be located not less than thirty feet from the closest portion of the alley.

(Prior code § 1825 (d)(2)(v))

On corner lots, a required side yard abutting a street shall be twenty percent of the width of the lot. The side yard is not required to be greater than fifteen feet in width, but in no case shall it be less than ten feet in width.

(Prior code § 1825 (d)(2)(vi))

On a reverse corner lot, the side yard abutting the street shall not be less than seventy-five percent of the front yard on the key lot or interior lot to its rear; provided, however, that this side yard shall not be less than fifteen feet in width. Private garages located in the side yard shall not be less than eighteen feet from the side street property line.

(Prior code § 1825 (d)(2)(vii))

17.06.240 - Side yard—Swimming pool setback.

The substructure of a swimming pool shall be located not less than five feet from any side property line.

(Prior code § 1825 (d)(2)(viii))

There shall be a rear yard on each lot extending across the full width of the lot, the depth of which shall not be less than thirty-five feet, with the exceptions set out in Sections 17.06.260 through 17.06.290.

(Prior code § 1825 (d)(3)(part))

A detached garage or accessory structure (except those with a dwelling occupancy) shall be set back a minimum of five feet from the rear property line.

(Prior code § 1825 (d)(3)(i))

When a garage or accessory structure (except those with dwelling occupancy) abuts and has garage doors opening onto an existing or proposed alley, the garage or accessory building shall be located not less than twenty-five feet from the closest portion of the alley.

(Prior code § 1825 (d)(3)(ii))

Where accessory living quarters/guesthouses are detached, or part of, or are over an accessory structure or garage, the entire structure shall be considered a main building and no portion of the building shall be subject to the setback provisions for the main building as required in Section 17.06.250.

(Prior code § 1825 (d)(3)(iii))

When a main building abuts an existing or proposed alley, the building shall be located not less than thirty feet from the closest portion of the alley.

(Prior code § 1825 (d)(3)(iv))

In all districts, decorative architectural features, including cornices, eaves, belt courses, sills or other decorative features shall be permitted to project a maximum distance of three feet into any required yard or required distance between buildings. In no case shall any such decorative feature project closer than three feet to any property line.

(Prior code § 1825 (d)(4))

17.06.310 - Landings in side and rear yards.

In all districts, uncovered landings, porches, platforms which do not extend above the level of the ground floor and are not in excess of eighteen inches in height above the local, adjacent and finished grade shall be permitted to extend a maximum of three feet into a side or rear yard. The structures shall not include any open work, railings, fences or walls unless expressly permitted by this title. In no case shall the structures extend closer than three feet to any property line.

(Prior code § 1825 (d)(5))

The minimum required distance between buildings is as follows:

A.

Accessory buildings (except guesthouses and accessory living quarters) shall be located not less than eight feet from any main building.

B.

Where accessory buildings are used for garage purposes, any portion of the accessory building which provides openings for vehicular access shall be located a minimum of twenty-five feet from any structure or building on the site to provide adequate vehicular access and turnaround.

C.

Where accessory buildings (except guesthouses and accessory living quarters) are attached to a main building by a breezeway roof, and where the conditions described in subsection A of this section exist, the minimum distances in subsection A of this section shall apply.

D.

The minimum distance between accessory buildings (except guesthouses and accessory living quarters) shall not be less than six feet.

E.

Where an accessory living quarters/guesthouse is detached or attached by a breezeway roof, the accessory living quarters or guesthouse shall be no closer than fifteen feet from a main building or any other accessory living quarters/guesthouse.

(Prior code § 1825 (e))

If a lot is subject to an easement along any boundary for bridle trail purpose, the yard shall not be less than seven feet in width measured from the eave of the nearest building to the closest boundary of the easement. The provisions of this section shall be applicable only to construction completed after August 1, 1974.

(Prior code § 1825 (f))

17.06.331 - Detached decks in residential zones.

The following standards shall apply to all detached decks in residential zones:

A.

Ground-Level Detached Decks. A ground-level deck, located no higher than twelve inches above natural/local grade, shall be permitted to extend to the property lines and count as lot coverage in accordance with Section 17.06.070.

B.

Above-Ground Detached/Hillside Decks. A deck, any portion of which exceeds twelve inches in height from natural/local grade, shall count as lot coverage in accordance with Section 17.06.070 and be subject to the following standards:

1.

The overall length of the deck shall not exceed fifty percent of the width of the lot. For the purpose of this section, the width of the lot and deck shall be measured as shown below:

2.

In no case shall the deck have a side yard setback of less than ten feet or a rear yard setback of less than ten feet;

3.

No decks or any portion of which exceeds twelve inches in height from natural/local grade shall be permitted within the front yard setback area;

4.

The overall height of the deck, including the safety railing (limited to four feet in height from the surface of the deck), lights or any other architectural features, when measured at its highest point from natural grade, shall not exceed sixteen feet in height. The planning director may administratively approve a deck up to twelve feet in height. Decks between twelve feet and sixteen feet in height shall require planning commission approval;

==> picture [480 x 380] intentionally omitted <==

==> picture [421 x 263] intentionally omitted <==

5.

Deck lighting shall be subject to the approval of the planning director. In no case shall deck lighting exceed the height of the safety railing or be more than twelve feet in height from natural/local grade, and all approved lights shall be shielded and directed onto the subject property in conformance with Section 17.42.030 (Lighting—Residential Districts);

6.

The deck shall be subject to neighborhood compatibility review as provided for in Chapter 17.62. All deck proposals submitted for such review must be accompanied by a plot plan and elevations. All adjacent property owners shall be notified of such deck proposals prior to any decision. The planning director may require additional information on the plans and/or additional notification to surrounding properties as deemed necessary;

7.

The deck shall be adequately screened from adjacent properties through the use of landscaping or other features as deemed appropriate by the planning director. The city may require submission of a landscaping and/or irrigation plan as a condition of approval of any deck in order to insure adequate screening.

C.

Decks Requiring Building Permits. A deck or any portion thereof equal to or greater than thirty inches in height from natural/local grade shall require a building permit duly issued by the department of building and safety.

(Ord. 558 § 1, 1993)

17.06.340 - Fences, hedges and walls—Standards—Applicability.

The standards set out in Sections 17.06.350 through 17.06.430 shall apply to all fences, hedges and walls in all districts unless specified in Sections 17.06.350 through 17.06.430.

(Prior code § 1826 (part))

When lots are located in the "H" overlay districts, as described in Chapter 17.36 of this code, a three-rail white fence shall be permitted in the front yard of the lots. The fence shall be forty-two inches in height measured at the top of the rail and shall consist of three white wooden rails which are vertically spaced nine inches apart and which are supported by white wooden posts, horizontally spaced nine feet six inches on center. (See Figure 17.06.350.)

(Prior code § 1826 (a))

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17.06.360 - Fences, walls, hedges, structures and similar landscape features in front yards and side yards abutting a street.

In the districts, fences, walls, hedges, structures and similar landscape features exceeding twenty-four inches in height shall not be permitted within private street easements, front yards or side yards abutting a street. Chain-link and fiberglass are specifically prohibited as building materials.

(Ord. 565 § 1 (part), 1993: Ord. 548 § 1 (part), 1992: prior code § 1826(b) (part))

17.06.365 - Pilasters, outdoor lighting fixtures and similar features in front yards and side yards abutting a street.

A.

For the purpose of this section, a pilaster shall mean a freestanding structure with or without a mailbox or light fixture consisting of wood, masonry, stone or other compatible materials with a base exceeding one

square foot.

B.

Pilasters, outdoor lighting fixtures and similar features may be permitted within private street easements, front yards and side yards abutting a street subject to approval of a neighborhood compatibility determination pursuant to Chapter 17.62. The proposed number, location, height and material of each structure shall be compatible with the surrounding neighborhood. In no case shall any structure be permitted to be located upon a paved private street that is used as a means of vehicular access.

(Ord. 565 § 1 (part), 1993: Ord. 548 § 1 (part), 1992: prior code § 1826(b) (part))

17.06.370 - Fences, hedges and walls—Side and rear setbacks, developable areas.

Except as provided in this section, a maximum seventy-two inch high fence, hedge or wall shall be permitted in all rear setbacks, side setbacks and interior developable areas, except as follows:

A.

Any fencing in the side yard facing a street must maintain the same required setback from the street side property line as required of the main building. If such fencing is open (permitting ninety percent light and air to pass through it) such fencing can be placed on the side property line.

B.

In rear and side setbacks, if there is a grade difference greater than thirty-six inches between two adjoining lots, then no solid fencing or wall shall extend more than forty-two inches above the height of the upper building pad. Any fencing which is over forty-two inches above the height of the building pad shall be open (capable of admitting at least ninety percent light and air). (See Figure 17.06.370.)

(Prior code § 1826 (c))

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A maximum sixty inch high retaining wall shall be permitted up to the rear of the front setbacks. The following retaining walls shall be permitted, subject to a specified criteria:

A.

In a cut or fill situation, a maximum forty-two inch open safety fence (capable of admitting at least ninety percent light and air) shall be permitted at the top of the retaining wall. (See Figures 17.06.380(A), fill and cut situations.)

B.

Where more than one retaining wall and/or fence is used on a slope, the minimum horizontal separation between retaining walls shall be equal to the height of the tallest wall and/or fence. (See Figures 17.06.380(B), retaining wall and retaining wall and fence combination.)

(Prior code § 1826 (d))

If fencing is necessary for incidental recreational uses, such as tennis and paddle ball, which is higher than permitted under Sections 17.06.340 through 17.06.430, a special use permit must be obtained. A maximum twelve foot high fence enclosure for recreational uses may be permitted by special use permit; provided, that the fence does not extend into the front yard or a street side yard and does not extend closer than ten feet to any other property line. The planning commission shall make the following findings in granting the permits:

A.

That the proposed use, enclosure and appurtenant structures will not adversely affect the neighboring properties, block any view or constitute a nuisance;

B.

That the granting of the permit meets the criteria for the issuance of a special use permit, as defined in Chapter 17.70 of this code;

C.

That the fencing is capable of admitting at least ninety percent light and air to pass through the fencing.

(Prior code § 1826 (e))

A six foot high fence or wall shall be constructed along the perimeter of all areas or districts designated by the council to be dangerous to the public health, safety and welfare.

(Prior code § 1826 (f))

17.06.410 - Swimming pool fencing.

Swimming pool fencing must conform to Section 8.36.050.

(Prior code § 1826 (g))

17.06.420 - Fences, hedges and walls—Corner visibility.

To protect visibility at corners and provide for the safety of persons using the streets and sidewalks, all fences, hedges and walls shall conform to the visibility requirements specified in Title 12 of this code.

(Prior code § 1826 (h))

17.06.430 - Solid fencing—Landscaping required.

In addition to the requirements of Sections 17.06.350 through 17.06.420, any plans for solid fencing or walls constructed in a front yard, side yard abutting a street, or in the rear yard of a through lot, shall be accompanied by a landscaping plan which includes the following information:

A.

The size, type and location of existing and additional landscaping provided;

B.

The method of irrigation;

C.

The method of planting (i.e., basins, trellis, etc.). Landscape plans submitted need not be prepared by a licensed architect or other professional, but should be accurate as far as location, species and size of plant at the time of installation;

D.

All landscaping associated with fences or walls, as required in this section, shall be subject to review under the provisions of Chapter 17.62 of this code (Neighborhood Compatibility) and shall be installed prior to final inspection of the city's building official.

(Prior code § 1826 (i))

17.06.440 - Off-street parking requirements (residential districts).

The requirements for off-street parking in the districts are as follows:

A.

There shall be at least two parking spaces enclosed entirely by permanent walls in a garage for every dwelling unit with the minimum interior dimensions of at least twenty feet by twenty feet, and each additional parking space shall have a minimum dimension of ten feet by twenty feet. These spaces shall be on the same lot with the structures which they are intended to serve.

B.

All parking spaces located outside of the required enclosed parking spaces as stated in section 17.06.440 (A) above, shall be located on a suitable parking surface, i.e., a driveway leading to the garage and not within a landscaped area(s) or unimproved area(s) (i.e., dirt or wood chips) in compliance with front yard coverage and overall lot coverage standards where applicable, and located within all private property lines, such that no parking is permitted within sidewalks or driveway aprons.

C.

Over-sized vehicles. For purposes of this section, an over-sized vehicle is defined as any motorized vehicle, non-motorized vehicle, trailer or combination thereof that exceeds any one of the following size dimensions (inclusive of any projecting racks and/or vehicle appurtenances): Twenty-two feet long, seven feet high, or eight feet wide.

1.

Parking of over-sized vehicles in front yards or yards contiguous to streets. In addition to the requirements set forth under Municipal Code Section 8.12.060(F), which prohibits the storage of trailers, campers, boats and other mobile equipment in yard areas contiguous to streets, no over-sized vehicle shall be permitted to park in a front yard or yard contiguous to a street. A variance to park an over-sized vehicle in a front yard or yard contiguous to a street may be granted by the planning commission (application filing fee of one thousand one hundred dollars applies, unless superseded by city council resolution), if the following hardship finding can be made. In no instance shall said vehicle that may be permitted by a variance to be located in a front yard or yard contiguous to a street, be resided within at any time, nor shall a variance be

approved in which to reside within said vehicle. Only one variance for one over-sized vehicle per property may be granted. The issuance of a variance is subject to the following limitations:

a)

A variance may only be granted if the planning commission makes a finding that a medical condition exists, which creates a hardship that requires the use of an over-sized vehicle which must be parked in a front yard or yard contiguous to the street for convenient access purposes, to and from a dwelling, and due to the frequency of use necessitated by that medical condition (i.e., not for recreational purposes that could otherwise be stored off-site or elsewhere on the property).

b)

All variances shall be subject to annual review of the continued existence of the necessary medical condition finding by the planning commission. All variances shall terminate when the identified medical condition ceases to exist at the property.

2.

Parking of over-sized vehicles in side and/or rear yards. Parking of an over-sized vehicle is permitted within a side yard or rear yard of a property, subject to the vehicle being set back a minimum of ten feet from the property line, inclusive of any vehicle appurtenances. For properties located within the Horse (H) District, an over-sized horse trailer (not to exceed a height of eight feet measured from the ground or a length of fourteen feet [excluding the towing tongue], and specifically prohibiting gooseneck trailers from this ten foot setback exemption), may be located closer than ten feet from a side or rear property line and is not subject to the provisions of neighborhood compatibility (Chapter 17.62 of the Municipal Code). All other over-sized vehicles shall be subject to the ten feet side yard and/or rear yard setback and the requirements of neighborhood compatibility, such that the over-sized vehicle's location respects neighboring views, privacy, and minimizes its appearance from both public and private view through the use of landscaping. In the case where an over-sized vehicle is parked in a side yard, which abuts a front yard, a six-foot high solid fence shall be installed separating the side yard from the front yard. No over-sized commercially-registered vehicle(s) with the DMV shall be stored in a side or rear yard. No more than two over-sized vehicles may be stored within the side and/or rear yards on a property and said vehicle(s) shall not be maintained on a slope steeper than fifteen percent and shall be operational at all times, with wheels in place on the ground and registered with the DMV. No person(s) shall reside within said over-sized vehicle(s) while stored in any side or rear yard.

3.

Registering over-sized vehicles with the city. Any over-sized vehicle(s) that is stored on a property in the city shall be registered with the city, by submission of a completed application form supplied by the city and payment of the required permit fee of thirty dollars, paid annually (unless superseded by city council resolution).

4.

Loading and unloading of an over-sized vehicle in a front yard or yard contiguous to a street. An over-sized vehicle, such as a recreational vehicle, may be parked in a front yard or yard contiguous to a street for

purposes of loading for or unloading from (including related preparation and cleaning) any trip or excursion as may from time to time be necessary, but any such loading or unloading event shall not exceed fortyeight hours. In no case shall any person(s) reside within said vehicle during loading and unloading event periods. There shall be a minimum period of time between loading and unloading events of forty-eight hours during which period the over-sized vehicle shall not be located on the subject property. There shall also be a minimum period of time between loading and unloading events of forty-eight hours during which the over-sized vehicle must not be located in a front yard or yard contiguous to the street. An over-sized vehicle that is a recreational vehicle shall be prohibited from parking on any street at any time, with the following exception: in instances where an over-sized vehicle is too large for a driveway or the driveway is too steep for safe or practical access, the city manager may grant a waiver to allow the vehicle to park on the street for loading and unloading periods as permitted and otherwise in accordance with the limitations above, assuming that there is adequate street width and visibility as determined by the city's traffic engineer.

D.

Any vehicle parked in a front yard or yard contiguous to a street shall be limited to a total sign area of nine square feet. No single sign (i.e., a magnetically or permanently applied sign to a door panel) shall exceed three square feet. Projecting signs from a vehicle are prohibited as well as any added or projecting moldings to a vehicle for advertising purposes. Screening advertising, such as a vehicle "wrap" that covers an entire vehicle, is also prohibited for vehicles parked in a front yard or yard contiguous to a street.

(Ord. No. 681, § 1, 9-27-2011)

Editor's note— Ord. No. 681, § 1, adopted Sept. 27, 2011, repealed former § 17.06.440, and enacted a new § 17.06.440 as set out herein. Former § 17.06.440 pertained to the same subject matter and derived from Prior code § 1827 and Ord. No. 670, § 1, adopted Jan. 25, 2011.

Access to lots within the districts from dedicated or improved streets or alleys shall be subject to the following standards:

A.

Vehicular. There shall be vehicular access from a dedicated or improved street or alley to off-street parking facilities.

B.

Pedestrian. There shall be pedestrian access to the main residence from a dedicated or improved street (public or private) or alley which may incorporate a driveway.

(Prior code § 1828)

A.

The general plan of the city recognizes the contribution of views to the character and beauty of the city. Scenic vistas of the Los Angeles Basin, the Pacific Ocean, the Los Angeles Harbor, canyons and other natural landforms increase the enjoyment and value of property in the city. The city has found that views of these areas are being diminished or directly impacted by antennae structures. Sections 17.06.460 through 17.06.490 will assist private property owners in their efforts to protect existing views from antennae structures.

B.

The provisions of Sections 17.06.460 through 17.06.490 set forth a comprehensive means to regulate the height, bulk, setbacks and size of antennae structures. They will also enhance the general aesthetics of each neighborhood for the benefit of surrounding properties, In addition, height and location limitations on such antennae are required for safety reasons in the event they are toppled by wind, seismic activity or other means.

(Ord. 537 § 1 (part), 1992: prior code § 1829)

"Satellite antenna" (plural "antennae") means a structure or device designed and used for the receipt of television or other signals from earth-orbiting satellites.

(Ord. 537 § 1 (part), 1992: prior code § 1829.1)

No satellite antennae shall be constructed or placed in any residential zone unless the following requirements have been met:

A.

Excluded from front and side yards;

B.

Ground-mounted and all cables shall be installed underground;

C.

Maximum height limited to ten feet measured from the local finished grade;

D.

No part of an antenna shall be closer than fifteen feet to any property line, and no closer than seven feet to any bridle trail easement;

E.

The size of an antenna shall not exceed twelve feet in diameter;

F.

The maximum lot coverage standards for satellite antennae as specified in Section 17.06.070;

G.

Antennae shall be screened from view of surrounding properties and public rights-of-way;

H.

No antennae, nor any screening landscaping, shall be installed so as to create a view impairment for any surrounding property;

I.

Only one antenna structure is permitted per residential property;

J.

If more than one lot is served by one residential antenna, a conditional use permit shall be obtained;

K.

Use of the antenna shall be limited to personal and recreational use only, and not for commercial purposes;

L.

The color of the antennae shall be limited to black or earth tones (dull finish).

(Ord. 549 § 2, 1993; Ord. 537 § 1 (part), 1992: prior code § 1829.2)

A.

If the applicant cannot comply with any one or more of the standards set out in Section 17.06.480, then an antenna will be allowed pursuant to a special use permit utilizing procedures set forth in Chapter 17.68 of this code.

B.

In addition to showing the required findings to grant a special use permit, the applicant must demonstrate that strict compliance with the development standards specified in Section 17.06.460 would unreasonably interfere with the applicant's ability to receive or transmit signals, would impose unreasonable costs on the operation when viewed in light of the cost of the equipment, or that strict compliance with the development standards is not, under the circumstances of the particular case, necessary to achieve goals and objectives of Section 17.06.460. In granting the permit, the planning commission may impose conditions reasonably necessary to accomplish the purposes of Section 17.06.460, provided those conditions do not unreasonably interfere with the ability of the applicant to receive or transmit signals or result in extensive cost or expense.

(Ord. 537 § 1 (part), 1992: prior code § 1829.3)

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Chapter 17.07 - GRADING IN RESIDENTIAL DISTRICTS

A.

The purpose of this chapter is to preserve and promote the city's rural character through development that protects the hillsides and topography and the public health, safety and general welfare of residents of the city.

B.

This purpose shall be accomplished by establishing grading standards to encourage a sensitive form of development, while still allowing for reasonable economic enjoyment of properties, and uses that complement the natural and visual character of the city and its hillsides. Further, it is the intent of this chapter to discourage mass grading of large pads, excessive terracing, severe cutting, scarring, soil erosion, slide damage, and flooding problems.

(Ord. 557 § 1 (part), 1993)

17.07.020 - Definitions.

In addition to the definitions listed in Section 17.02.020, the following words shall have the following meanings:

"Building official" means the city engineer of the county of Los Angeles building and safety department.

"Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California.

"Fill" means deposits of soil, rock or other similar irreducible materials placed by man.

"Finished grade" means the elevation of the ground surface established by grading that establishes the final elevation shown on the approved design.

"Geologist" means a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the state of California under provisions of the Geologist and Geophysicists Act of the Business and Professions Code.

"Grade" means any excavation or fill or combination thereof. The rate of rise or descent of a sloping surface usually expressed in degrees or percent.

"Natural grade" means the vertical location of the ground surface prior to any excavation or fill.

"Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is proposed or performed.

"Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

"Soil" means all earth material of whatever origin that overlies bedrock.

"Soils engineer" means a civil engineer experienced in soil mechanics who investigates and reports on the stability of existing or proposed slopes, controls the installation and compaction of fills, recommends soil bearing values and calculations for special earth structures such as buttress fills.

(Ord. 557 § 1 (part), 1993)

17.07.030 - Grading approval requirements.

A.

Grading approval shall be required by the planning director for any of the following:

1.

An excavation or fill of earth materials greater than one foot and less than or equal to three feet in vertical height at its deepest point;

2.

Any importation or exportation of earth materials greater than ten and less than or equal to twenty cubic yards.

B.

Grading approval shall be required by the planning commission for any of the following:

1.

Any excavation or fill of earth materials greater than three feet in vertical height at its deepest point;

2.

Any importation or exportation of earth materials greater than twenty cubic yards;

3.

Any grading on a slope equal to or greater than thirty-five percent.

(Ord. 557 § 1 (part), 1993)

17.07.040 - Grading approval exceptions.

Grading approval shall not be required for the following:

A.

An excavation or fill less than one foot in vertical height at its deepest point and/or an exportation or importation of earth materials less than ten cubic yards.

B.

An excavation below finished grade for basements and footings or structures, swimming pools and sewers authorized by a valid building permit or any excavation specifically authorized by any ordinance, or an excavation in any public way or street.

C.

Any cut or fill associated with repairing or replacing existing driveways providing that there is no change to the location and elevation of the driveway.

D.

The depositing of solid waste or other material at any refuse disposal facility operated under a permit granted according to the terms of Division 4, entitled "Solid Waste," of Title 20 of the Los Angeles County Code.

E.

An excavation, fill and/or measures approved by the Solid Conservation District or cooperative agency of the Department of Agriculture.

F.

Any cut or fill associated with repairing or replacing existing landscaping providing there is no significant change in finished grade(s).

G.

Any cut or fill by the road department in connection with and necessary to the support, construction, or maintenance of a public road when such is located within an easement granted to the city for road or slope purposes.

H.

Exploratory excavations under the direction of soils engineers or engineering geologists.

(Ord. 629 § 12, 2005; Ord. 557 § 1 (part), 1993)

17.07.050 - Driveways.

The following standards for newly constructed driveways shall apply:

A.

Driveways shall not be permitted which exceed a fifteen percent slope. Driveways shall have a minimum standing area of twenty feet at point of access.

B.

Retaining walls not exceeding two feet in front setbacks and five feet behind the front setback shall be permitted for soil stabilization adjacent to a driveway.

(Ord. 557 § 1 (part), 1993)

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A separate approval is required for each site. A single approval shall include both a cut and a fill on the same site. An application shall be submitted to the city for any grading requiring planning director and/or planning commission approval. The planning director may waive any of the requirements listed below for projects not requiring planning commission and building and safety approval.

A.

Application. To obtain grading approval, the applicant must first file an application in writing on a form furnished for that purpose. Every application shall:

1.

Describe the land on which the proposed work is to be performed by lot, block, tract, and by a street address or by similar description sufficient to readily identify and definitely locate the site;

2.

State the name and address of the following persons:

a.

Owner of said land,

b.

Person performing the work,

c.

Field engineer, if applicable;

3.

Be accompanied by plans, specifications and calculations as required (refer to "Plans and Specifications" in subsection B of this section);

4.

State the volume of the material to be handled;

5.

Provide the property owner's or authorized agent's signature. An agent may be required to submit evidence of his or her authority;

6.

Give other information, as may be required, by the city and/or building official.

B.

Plans and Specifications. With each application for grading approval, three sets of plans and specifications shall be submitted. Additional sets of plans may be required for planning commission and city council. The plans shall be prepared and signed by a civil engineer and shall include the following information:

A vicinity sketch or other means of adequately indicating the site location;

2.

Boundary lines of the property on which the work is to be performed;

3.

Each lot or parcel of land into which the site is proposed to be divided;

4.

All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land;

5.

Location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which are within fifteen feet of the property line;

6.

Accurate contours showing the topography of the existing ground;

7.

Elevations, location, extent and slope of all proposed grading shown by contours, cross sections or other means, drainage information and location of any rock disposal areas, buttress fills or other special features, if such are proposed to be included in the work;

8.

Any additional information as deemed necessary by the planning director.

(Ord. 557 § 1 (part), 1993)

Each application for grading approval filed with the city shall be accompanied by a fee, as established by resolution of the city council. Such fee shall be collected at the time the completed application is submitted to the city for review.

(Ord. 557 § 1 (part), 1993)

Grading of any site, based upon the percent of the natural slope, shall conform to the following standards:

A.

Zero to fifteen percent. Redistribution of earth over large areas may be permitted.

B.

Fifteen to twenty-five percent. Some grading may occur, but landforms shall retain their natural character.

C.

Twenty-five to thirty percent. Limited grading may occur, but landforms and major topographic features shall retain their natural character.

D.

Greater than thirty percent. Limited grading may be permitted if it can be clearly demonstrated that safety, environmental and aesthetic impacts will be avoided.

E.

Grading shall be designed to:

1.

Conserve natural topographic features and appearances by means of land sculpturing to blend graded slopes and benches with natural topography;

2.

Retain major natural topographic features such as canyons and prominent landmarks.

F.

Grading Setbacks. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary.

1.

Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one-fifth of the height of cut with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required interceptor drains;

==> picture [420 x 347] intentionally omitted <==

==> picture [420 x 232] intentionally omitted <==

2.

Toe of Fill Slope. The toe of the fill slope shall not be made nearer to the site boundary line than one-half the height of the slope with a minimum of two feet and maximum of twenty feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed to such grading, special precautions shall be incorporated in the work as the building official deems necessary to protect the

adjoining property from damage as a result of such grading. These precautions may include, but are not limited to:

a.

Additional setbacks,

b.

Provision for retaining or slough walls,

c.

Mechanical or chemical treatment of the fill slope surface to minimize erosion,

d.

Provisions for the control of surface waters;

3.

Modification of Slope Location. The setback and other restrictions imposed by this section may be

increased where unusual soil or geologic conditions make such increase necessary for safety and stability or may be modified upon investigation and recommendation by a soil engineer or geologist where such modification will provide equivalent safety, stability and protection and the building official so finds.

(Ord. 557 § 1 (part), 1993)

The planning director and/or the planning commission shall use but not be limited to the following criteria in assessing an application for grading approval:

A.

The grading is not excessive beyond that necessary for the permitted primary use of the lot.

B.

The grading and/or construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites.

C.

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

D.

The nature of the grading is in conformance with the neighborhood compatibility ordinance as set forth in Section 17.62.010.

E.

The proposed grading meets the grading standards and design criteria as set forth in Section 17.07.080.

(Ord. 557 § 1 (part), 1993)

In granting any grading approval, the planning director and/or the planning commission may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property, to prevent the operation from being conducted in a manner likely to create a nuisance, or to preserve any intent of any goal or policy of the general plan. Such conditions may include, but shall not be limited to:

A.

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

B.

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

C.

The place and manner of disposal of excavated materials and/or acquisition and stockpiling of fill materials.

D.

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

E.

Designation of maximum or minimum slopes to be used.

F.

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

G.

Landscaping, in addition to the minimum required by Chapter 70 of the County Uniform Building Laws.

H.

A performance bond to cover landscaping or other conditions under this chapter.

(Ord. 557 § 1 (part), 1993)

Whenever, in the judgment of the planning director and/or planning commission, the proposed work is determined to not be in conformance with the criteria listed in Section 17.07.090, the application may be denied.

(Ord. 557 § 1 (part), 1993)

The petitioner or any other interested person may appeal any decision or condition of the planning director to the planning commission and any decision of the planning commission to the city council by filing a written request, together with an appeal fee as established by resolution of the city council, with the city within twenty days after the decision is made.

(Ord. 557 § 1 (part), 1993)

Editor's note— Ord. No. 668, § 1, adopted Oct. 12, 2010, repealed § 17.07.130, which pertained to expiration and derived from Ord. No. 557, § 1 (part), adopted 1993.

Chapter 17.08 - R-A-E DISTRICT

In addition to the requirements of Sections 17.02.020 through 17.02.695 and 17.06.010 through 17.06.440 and Chapters 17.62 and 17.64, which are applicable to all districts, the requirements set out in this chapter shall apply to real property designated as R-A-E.

(Prior code § 1830.1 (part))

The following conditional uses shall be permitted in the R-A-E district, in addition to the uses stated in Section 17.06.030; provided, that in each instance a conditional use permit is first obtained in accordance with the procedure stated in Chapter 16.68 of this code:

A.

Public and private schools offering general curriculum as required by state law; or offering children's nurseries and/or day school facilities; provided, that the following minimum requirements are met, notwithstanding any other conditions that may be required as a part of the conditional use permit:

1.

The minimum size shall not be less than two acres.

2.

The term shall not exceed three years.

3.

Residential dwellings may not be used or converted for use as schools.

4.

All outdoor school activities shall be conducted within a fenced area. The fenced area, and any structure housing school activities, shall be located a minimum of twenty-five feet from adjacent property lines.

5.

There shall be at least one auto parking space for each three hundred square feet of floor area, or fraction thereof.

6.

Schools of general curriculum, nursery or day schools shall comply with all respective and applicable state or federal government standards.

7.

A site or plot plan shall be submitted as a part of each conditional use permit application and shall be approved by the city's planning staff prior to the public hearing on the permit.

8.

Notwithstanding the preceding requirements, the applicant shall demonstrate to the city the reasons and justification for the requested number of students. Consideration in justifying a specific number of students shall include, but is not limited to, such factors as the impact of additional traffic and noise.

9.

Proposals for new construction and modification to existing structures shall be subject to the requirements of the precise plan of design, Chapter 17.68 of this code.

(Prior code § 1830.1 (c))

17.08.030 - Property development standards.

A.

Minimum Required Lot Area. The R-A-E shall be a single-family residential district with a minimum required lot area of one acre.

B.

Minimum Lot Dimensions. R-A-E district lots shall have a minimum required lot width of one hundred feet, and a minimum required lot depth of two hundred feet.

C.

Maximum Lot Coverage. The maximum lot coverage standards for the R-A-E district are specified in Section 17.06.070.

D.

Minimum Area of Main Building. Main buildings erected in the R-A-E district shall have a total minimum area of two thousand square feet.

(Ord. 549 § 3, 1993; prior code § 1830.1 (a), (b), (d), (e))

Chapter 17.10 - R-A-20 DISTRICT

In addition to the requirements of Sections 17.02.020 through 17.02.695 and 17.06.010 through 17.06.440 and Chapters 17.62 and 17.64, which are applicable to all residential districts, the requirements set out in this chapter shall apply to real property designated as R-A-20.

(Prior code § 1830.2 (part))

The following conditional uses shall be permitted in the R-A-20 district, in addition to the conditionally permitted uses stated in Section 17.06.030; provided, that in each instance a conditional use permit is first obtained in accordance with the procedure stated in Chapter 16.68 of this code:

A.

Public and private schools offering general curriculum as required by state law; or children's nurseries and/or day school facilities; provided, that the following minimum requirements are met, notwithstanding any other conditions that may be required as a part of the conditional use permit:

1.

The minimum size shall not be less than two acres.

2.

The term shall not exceed four years.

3.

Residential dwellings may not be used or converted for use as schools.

4.

All outdoor school activities shall be conducted within a fenced area. The fenced area, and any structure housing school activities, shall be located a minimum of twenty-five feet from adjacent property lines.

5.

There shall be at least one auto parking space for each three hundred square feet of floor area, or fraction thereof.

6.

Schools of general curriculum, nursery or day schools shall comply with all respective and applicable state or federal government standards.

7.

A site or plot plan shall be submitted as a part of each conditional use permit application and shall be approved by the city's planning staff prior to the public hearing on the permit.

8.

Notwithstanding the preceding requirements, the applicant shall demonstrate to the city the reasons and justification for the requested number of students. Consideration in justifying a specific number of students shall include, but is not limited to, such factors as the impact of additional traffic and noise.

9.

Proposals for new construction and modification to existing structures shall be subject to the requirements of the precise plan of design, Chapter 17.68 of this code.

(Prior code § 1830.2 (c))

A.

Minimum Required Lot Area. The R-A-20 shall be a single-family residential district with a minimum required lot area of twenty thousand square feet.

B.

Minimum Lot Dimensions. R-A-20 district lots shall have a minimum required lot width of eighty-five feet and a minimum required lot depth of one hundred fifty feet.

C.

Maximum Lot Coverage. The maximum lot coverage standards for the R-A-20 district are specified in Section 17.06.070.

D.

Minimum Area of Main Building. Main buildings erected in the R-A-20 district shall have a total minimum area of one thousand six hundred square feet.

(Ord. 549 § 4, 1993; prior code § 1830.2 (a), (b), (d), (e))

Chapter 17.12 - R-A-15 DISTRICT

In addition to the requirements of Sections 17.02.020 through 17.02.695 and 17.06.010 through 17.06.440 and Chapters 17.62 and 17.64, which are applicable to all residential districts, the requirements set out in this chapter shall apply to real property designated as R-A-15.

(Prior code § 1830.3 (part))

17.12.020 - Property development standards.

A.

Minimum Required Lot Area. The R-A-15 shall be a single-family residential district with a minimum required lot area of fifteen thousand square feet.

B.

Minimum Lot Dimensions. R-A-15 district lots shall have a minimum required lot width of seventy-five feet and a minimum required lot depth of one hundred twenty-five feet.

C.

Maximum Lot Coverage. The maximum lot coverage standards for the R-A-15 district are specified in Section 17.06.070.

D.

Minimum Area of Main Building. Main buildings erected in the R-A-15 district shall have a total minimum area of one thousand, six hundred square feet.

(Ord. 549 § 5, 1993; prior code § 1830.3 (a)—(d))

Chapter 17.14 - R-A-10 DISTRICT

In addition to the requirements of Sections 17.02.020 through 17.02.695 and 17.06.010 through 17.06.440 and Chapters 17.62 and 17.64, which are applicable to all residential districts, the requirements set out in this chapter shall apply to real property designated as R-A-10.

(Prior code § 1830.4 (part))

Editor's note— Ord. No. 684, § 4, adopted April 10, 2012, repealed § 17.14.020, which pertained to permitted uses and derived from Prior code § 1830.4(b).

A.

Minimum Required Lot Area. The R-A-10 shall be a single-family residential district with a minimum required lot area of ten thousand square feet.

B.

Minimum Lot Dimensions. R-A-10 district lots shall have a minimum required lot width of sixty-five feet and a minimum required lot depth of one hundred ten feet.

C.

Maximum Lot Coverage. The maximum lot coverage standards for the R-A-10 district are specified in Section 17.06.070.

D.

Minimum Area of Main Building. Main buildings erected in the R-A-10 district shall have a total minimum area of one thousand, two hundred square feet.

E.

Rear Yard Exception. There shall be a rear yard on each lot within the R-A-10 district, the depth of which shall not be less than twenty-five feet. All other rear yard requirements stated in Sections 17.06.250 through 17.06.290 shall remain in full force and effect.

(Ord. 549 § 6, 1993; prior code § 1830.4 (a), (c)—(f))

Chapter 17.15 - OPEN SPACE RECREATION DISTRICT

The open space recreation district includes an inventory of both public and private open space consistent with the general plan's open space element. This land is devoted to the preservation of natural resources and outdoor recreation. Parks, open space areas, scenic corridors and habitats of wildlife species make up these lands and fulfill the requirements of Section 65560 to 65570 of the California Government Code. This section is intended to protect and preserve these areas from urban development and to insure that these natural resources are protected from destruction.

(Ord. 577 § 1 (part), 1995)

The following uses shall be permitted in the open space recreation district:

A.

Public parks including the following: mini-parks, neighborhood parks, community parks and special use parks, as described in the open space and recreation element of the general plan;

B.

Reservoir and associated uses;

C.

Trails, public and private open lands or vacant undeveloped land;

D.

Equestrian uses (including associated improvements);

E.

Caretaker units on properties greater than four acres subject to the property development standards in Section 17.06.060 through 17.06.490 and the review process in Chapter 17.62.

(Ord. 577 § 1 (part), 1995)

(Ord. No. 693, § 2, 4-8-2014)

17.15.030 - Temporary uses permitted.

Uses which are temporary may be approved in the open space recreation district by the city manager. Such uses include but are not limited to horse shows, weddings, community events and other public gatherings, and may be allowed by obtaining a temporary use permit or park permit.

(Ord. 577 § 1 (part), 1995)

The following uses shall be permitted in the open space recreation district, provided that a precise plan of design is obtained in accordance with the provisions of Chapter 17.58 of this code. Any proposed development shall be reviewed by the park and activities commission prior to the planning commission's review and approval of the precise plan of design application.

A.

Any permanent public building including, but not limited to, interpretive centers, community centers, equestrian centers, stables, recreation offices, maintenance facilities, restrooms, meeting rooms and concession stands.

B.

Any outdoor public recreation facilities including, but not limited to, new tennis courts, basketball courts, baseball fields or soccer fields.

C.

Replacement and maintenance of existing facilities described above are not required to be approved by the planning commission.

(Ord. 577 § 1 (part), 1995)

The following uses are expressly prohibited in this district:

A.

Residential uses, except for caretaker dwellings pursuant to Section 17.15.020(E);

B.

Commercial and commercial recreation uses, except for temporary uses as approved by the city manager, pursuant to Chapter 5.64;

C.

Industrial uses;

D.

Institutional uses.

(Ord. 577 § 1 (part), 1995)

17.15.060 - Property development standards.

A.

Minimum Lot Area. No limitations.

B.

Minimum Lot Dimensions. No limitations.

C.

Maximum Building Height. Limited to single story structures not to exceed sixteen feet in height.

D.

Slopes. No structures shall be developed within areas with slopes greater than thirty percent.

E.

Any new buildings and structures shall be compatible with other buildings and structures that are located on the subject property and with the predominate rural ranch style in the community.

F.

Proposals to modify existing facilities and/or structures within the open space zone shall be reviewed for compatibility with existing structures on-site or within existing undeveloped areas. Such request shall be reviewed to insure compliance with this chapter.

(Ord. 577 § 1 (part), 1995)

Chapter 17.16 - "A" AGRICULTURAL DISTRICT

In addition to the requirements of Sections 17.02.020 through 17.02.695 and 17.06.010 through 17.06.440 and Chapters 17.62 and 17.64, which are applicable to all residential districts, the additional requirements set out in this chapter shall apply to real property designated as A.

(Prior code § 1830.5 (part))

The following uses are permitted in the A district in addition to the uses permitted in Section 17.06.020:

A.

Farms or ranches for orchards, tree crops, field crops, truck gardening, berry or bush crops, flower gardening, production and wholesale nurseries, aviaries and mushroom farms, and any other similar enterprise carried on in the general field of agriculture;

B.

Accessory buildings and uses, including a private garage, stable, greenhouse, lath house, corral, pen, coop or similar structure, and a building or room for parking products produced or raised on the same premises; provided, that all requirements as to the location are met;

C.

The following uses; provided, that a precise plan of design has been approved in accordance with Section 17.58.010 and the requirements of applicable federal, state and local environmental protection laws are satisfied.

1.

Public parks,

2.

Public utility transmission lines and substations,

3.

Government buildings.

D.

Farmworker Housing. Farmworker housing for persons performing agricultural labor who either work on or are hired from the property is permitted subject to the following:

1.

Permitted Size. Farmworker housing may consist of no more than thirty-six beds in a group quarters, or twelve units or spaces with each unit or space designed for use by a single-family or household.

2.

Off-street Parking. Two off-street parking spaces must be provided for each single-family unit and one parking space must be provided for each three beds in any group quarters. The parking must have approved access and paving in accordance with Chapter 17.40 (Off-Street Parking) of the Rolling Hills Estates Municipal Code.

3.

HCD Permit. The owner must obtain a permit with the State Department of Housing and Community Development (HCD), pursuant to the Employee Housing Act and California Code of Regulations, Title 25, Division 1, Chapter 1, Sections 800 through 900, to operate the farmworker housing.

4.

Occupancy Review. The property owner must complete and submit to the planning director a farmworker housing verification form no later than thirty days after receiving a permit to operate from HCD, and annually thereafter, to ensure compliance with state and local regulations on farmworker housing. The verification form must include information regarding the housing type, number of dwelling units or beds, number of occupants, occupants' employment information, and proof that a permit to operate from HCD has been obtained and maintained.

5.

Farmworker Occupancy. The property must be occupied by farmworkers and their families. A declaration of this restriction in a form approved by the city will be recorded by the city and be binding on all future owners of the property. Beginning one year after the issuance of the building permit and annually thereafter, the owner must file an annual report to the planning department listing the occupants of the farmworker housing and their place of work in order to ensure compliance with this requirement. For the purposes of this section, "farmworker" means that the majority of the family income comes from farm work.

(Prior code § 1830.5 (c))

(Ord. No. 693, § 3, 4-8-2014)

The following uses shall be permitted in the A district in addition to the uses stated in Section 17.06.030; provided, that in each instance a conditional use permit is first obtained in accordance with the procedures stated in Chapter 17.68 of this code, and the requirements of applicable federal, state and local government protection laws are satisfied.

A.

Land reclamation projects;

B.

Facilities for the recovery and processing of gases generated as a result of previous sanitary landfill operations;

C.

Golf courses;

D.

Temporary stockpiling of rocks, sand and gravel.

(Prior code § 1830.5 (d))

The following uses are expressly prohibited in the A district, in addition to those expressly prohibited in Section 17.06.040:

A.

Commercial uses not described in Sections 17.16.020 and 17.16.030;

B.

Retail commercial sales of any kind;

C.

Industrial uses not specifically described in Sections 17.16.020 and 17.16.030;

D.

All landfills not existing on the date of adoption of this title.

(Prior code § 1830.5 (e))

17.16.050 - Property development standards.

A.

Minimum Required Lot Area. The A district shall be a single-family residential district with a minimum required lot area of five acres.

B.

Minimum Lot Dimensions. A district lots shall have a minimum required lot width of three hundred feet and a minimum required lot depth of seven hundred fifty feet.

C.

Maximum Lot Coverage. The maximum lot coverage standards for the A district are specified in Section 17.06.070.

D.

Minimum Area of Main Building. Main buildings erected in the A district shall have a total minimum area of one thousand, two hundred square feet.

E.

Required Distance From Adjacent Districts. Any building or structure, other than a dwelling unit used in connection with a use permitted in the A district, shall not be located closer than thirty-five feet from any other residential district boundary, street (public or private), highway, park or school.

F.

Keeping of Animals. If any animals are kept in connection with a use permitted in the A district, the animal(s) shall be maintained not closer than fifty feet from a school, park or residence.

(Ord. 549 § 7, 1993; prior code § 1830.5 (a), (b), (f)—(i))

Chapter 17.18 - RPD DISTRICT

The RPD residential planned development district is intended for cluster housing under appropriate conditions. In addition thereto, it is the purpose the RPD district to provide for development which shall be open space and recreation oriented. It is recognized that owners of cluster housing units in the residential planned development will ordinarily not have available to themselves private open space areas and, therefore, must depend on the proper development of common open space areas. It is, therefore, one of the purposes of this district to insure any residential planned development the adequacy of available, usable common open space areas and the development and maintenance of such areas.

(Prior code § 1832)

17.18.020 - Permitted uses.

Property in the RPD district may be used for:

A.

Any use permitted in the R-A-20 district;

B.

A planned residential development in accordance with the prescribed standards set forth in Section 17.18.040(B) and if a conditional use permit is obtained as provided in Chapter 17.68 of this code. Approval by the planning commission shall be based upon findings that the plan provides for adequate light and air,

public safety and convenience, protection of property values in the neighborhood and preservation of the general welfare of the community. However, such conditional use permit shall not reduce or make less restrictive the minimum development standards.

(Prior code § 1833)

The following uses are expressly prohibited in the RPD district:

A.

Commercial uses, including home occupations as defined in Section 17.02.290, unless such home occupation meets the criteria set forth in Chapter 17.48 of this code;

B.

Industrial uses.

(Prior code § 1834)

17.18.040 - Property development standards.

A.

The property development standards for the R-A-20 district as set forth in Sections 17.06.060 through 17.06.330 shall apply, if property is used only for uses permitted by right in such district.

B.

The following minimum property development standards shall apply if property is used as provided in Section 17.18.020(B).

1.

Area. The proposed development plan shall include a parcel or parcels of land containing not less than ten acres. The area, width and frontage requirements of lots in a planned residential development shall be as required in the approved plan of development. The dwelling units and buildings and the land within the development may be divided in ownership only in the manner authorized in the approval of the development.

2.

Density. Project density for each residential planned development shall be consistent with the standards established in the land use element of the general plan. The total number of units permitted on a parcel or parcels of land shall be based on the density assigned to that parcel by the land use element and shall be so designated on the city's official zoning map. Each development shall comply with the other requirements of this section. In no case shall the density of any one-acre portion of any parcel or parcels developed for residential planned development use exceed twice the zoning density assigned to that parcel or parcels. The boundaries of each acre to be used in calculating the highest permitted density for that acre is subject

to approval or modification by the planning commission in passing upon issuance of each conditional use permit. The developer shall submit to the city, as part of his application, a grid pattern superimposed on his site plan which sets out contiguous areas each of which is one acre in size. The longest side of each area shall not exceed twice the shorter side. This requirement is not intended to limit design flexibility of any proposed development.

3.

Type of Structure. Dwelling units may be single-family detached structures or in two-family or multiple residential structures depending upon adjacent development and the compensating features of the development plan. The commission may approve places of public assembly, recreational buildings and accessory buildings if for the primary use of persons residing with the planned development project and located so as not to be detrimental to adjacent properties. No structure shall exceed a height of thirty-five feet or two stories.

4.

Open Space. Common and private open space shall comprise not less than seventy percent of the parcel. Common open space shall be that portion of the total land area developed for recreational purposes or landscaped for aesthetic purposes and designated for the use and enjoyment of all of the occupants of the development, but shall not include streets, highways or utility easements where the ground surface is not available or useful for open space yards, patios or other areas primarily designed to serve other functions. The applicant shall submit to the planning commission, and it shall be made a condition of approval, satisfactory evidence to assure continued retention of open space and for perpetual maintenance of common areas. In this connection, an offer of dedication of same will be required.

5.

Building Coverage. Buildings and structures shall not occupy more than thirty percent of the gross area except that common recreational buildings are excluded from this building coverage limitation.

6.

Off-Street Parking. There shall be at least two covered parking spaces in a fully-enclosed private garage for each dwelling unit. These spaces shall be on the same lot with structures which they are intended to serve. In addition, the general parking provisions of Chapter 17.40 will apply.

7.

Public Ways. The applicant shall submit to the planning commission a plan for public ways to be construed on the periphery of each residential planned development. Upon approval of the plan by the planning commission, the applicant shall dedicate to the city, by the execution of the necessary easements, the land to be used as public ways.

8.

Development Schedule. The planning commission shall require a progress schedule indicating the development of common open-space related to the construction of residential dwelling units, which will

become a condition of approval. The planning commission may modify without a hearing this condition pertaining to the development schedule based upon a written affirmative showing of hardship.

9.

Tentative Subdivision Map, Parcel Map and Design Plan Submission. A tentative subdivision map or parcel map shall be filed when required by the planning commission. In addition, the planning commission may require a plan of design which shall specify and include:

a.

The location, size, bulk, height and number of stories of all buildings and structures, including walls, signs and fences;

b.

The location, size and dimensions of yards, courts, setbacks, and all other open spaces between buildings and structures;

c.

The location, dimensions and method of improvement of all driveways, parking areas, walkways and means of access, ingress and egress, and drainage;

d.

The location, dimensions and method of improvement of all property to be dedicated to the public or for use of public utilities.

10.

Landscaping. A plan for landscaping all common areas shall be submitted to, and approved by the planning commission.

11.

In passing upon any application for a conditional use permit, the planning commission shall consider, in addition to all other factors, the factors of noise, light, heat, vibrations, fire hazard, traffic, population density, landscaping and relationship of structures to each other on the subject parcel and to adjoining property.

(Prior code § 1835)

Ares with existing slopes greater than twenty-five percent (4:1; 15 degrees) shall not be substantially graded and/or filled. Areas with existing slopes greater than 33.3 percent (3:1; 18 degrees) shall not be improved except for roadways which follow the natural contours of the land. Natural or previously graded features greater than twenty feet deep as measured from the lowest to the highest flat area, regardless of slope as measured across the canyon shall not be filled or graded. Where construction is planned along the

natural or graded crest of the hill, any structure higher than five feet shall be set back from the crest of the hill thirty-five feet.

(Prior code § 1835.1)

If a lot is subject to an easement along the boundary for bridle trail purposes, the yard shall not be less than seven feet in width, measured from the eave of the nearest building to the closest boundary of the easement. The provisions of this section shall be applicable only to construction commenced after August 1, 1974.

(Prior code § 1835.2)

Chapter 17.20 - I DISTRICT

The purpose of this zone is to address the wide range of private, public and quasi-public institutional facilities within the city. The uses established in this zone are intended to provide public benefit by responding to the health, safety, educational, cultural and public service needs of the community.

(Ord. 547 § 3 (part), 1992: prior code § 1836)

The following uses shall be permitted in this district subject to the development standards set forth in Section 17.20.050:

A.

Civic and governmental facilities;

B.

Fire and police stations.

(Ord. 547 § 3 (part), 1992: prior code § 1837.1)

The following uses shall be permitted in this district; provided, that a conditional use permit is obtained in accordance with the provisions of Chapter 17.68 of this code and provided each use is located on a parcel of at least two acres in size:

A.

Public or private educational institutions including administrative offices, which meet all applicable licensing and operational requirements. Such institutions may not include boarding or dormitory facilities;

B.

Preschools, nursery schools or child day care facilities which meet all applicable licensing and operational requirements;

C.

Churches, synagogues, temples and other similar houses of worship;

D.

Community centers;

E.

Museums and interpretive centers;

F.

Libraries;

G.

Botanic gardens or other public-oriented gardens;

H.

The following accessory uses provided they are incidental and subordinate to the primary use of the property:

1.

Recreational facilities, including pools, sports fields and courts, auditoriums/gymnasiums and playgrounds,

2.

Keeping of animals consistent with the provisions of RA-20,000 zone,

3.

Rectories, manses, caretaker units and other similar ancillary residential uses, subject to the property development standards in Sections 17.06.060 through 17.06.490,

4.

Accessory buildings, except guesthouses, subject to the applicable standards of Section 17.06.060 through 17.06.330,

5.

Parking facilities.

(Ord. 547 § 3 (part), 1992: prior code § 1837.2)

The following uses are expressly prohibited in this district:

A.

Multiple-family residential uses;

B.

Industrial uses;

C.

Commercial retail uses except for special events sales;

D.

Single-family residences as the primary use of the property.

(Ord. 547 § 3 (part), 1992: prior code § 1838)

17.20.050 - Property development standards.

Unless otherwise specifically provided for in this district, the following development standards shall apply:

A.

Lot Size. The minimum lot size shall be one acre.

B.

Lot Dimensions. All proposed parcels shall have a minimum lot width of one hundred feet and a minimum lot depth of two hundred feet.

C.

Access. Any property proposed for inclusion in the Institutional zone, including any parcels created from a subdivision of property currently within this district shall each abut an arterial or collector street identified on the city's circulation map of the general plan. The parcel(s) shall maintain the minimum lot dimensions, with flag lots specifically prohibited.

D.

Lot Coverage. A maximum of twenty percent of the site may be covered by buildings and parking structures.

E.

Building Height. Except as provided below, no building or structure shall exceed a maximum of twentyseven feet in height:

1.

Exception. Gymnasiums, auditoriums, sanctuaries, steeples and spires shall not be subject to the twentyseven foot height limit. Any request for such structures to exceed twenty-seven feet in height shall require submittal of a conditional use permit application to be reviewed and approved by the planning commission.

F.

Minimum Yard Requirements. Except as provided below, all buildings and structures shall be set back a minimum of twenty-five feet from any front, side or rear property line, or edge of private road easement:

1.

Yards abutting a street or a property with a nonresidential use may be reduced to a ten foot minimum setback for the purpose of providing required parking facilities only.

2.

All proposed improvements for outdoor activities, including school recesses and recreational events, shall be subject to review and approval by the planning commission.

3.

Accessory structures, provided they are incidental to the primary use on the site, do not involve any activities as described in subdivision 2 of this subsection and do not include any human habitation, may be set back a minimum of ten feet from an interior property line or ten feet from an interior rear property line.

4.

Architectural features as described in Sections 17.06.300 and 17.06.310 shall be allowed to encroach into yard areas as provided for in the sections.

G.

Parking Requirements. Except as specifically listed below, the parking requirement shall be one space for every three hundred square feet of gross square footage:

EXCEPTIONS:

1.

Family day care facilities, preschools, elementary and intermediate schools: one space for each staff member, plus one space for each seven children (based on maximum enrollment);

2.

High schools, including auditoriums and gyms: one space for every four students (based on maximum enrollment);

Colleges, universities or institutions of a similar level, including auditoriums and gyms: one space for each full-time student (based on maximum enrollment), plus one space per every classroom;

4.

Auditoriums, assembly halls, chapels and sanctuaries, unless otherwise addressed in this section: one space for every thirty-three square feet of public seating area;

5.

Rectories, manses and caretaker units: a two-car covered garage, per unit, consistent with the requirements of Section 17.06.440.

All parking design standards shall meet the applicable minimum requirements established in the zoning code, including any recommendations from the city's traffic engineer regarding circulation and design. This process shall not prevent the city from requiring additional spaces to offset potential parking concerns.

H.

Fencing Requirements. All fencing shall be designed consistent with the provisions of Sections 17.06.340 through 17.06.430 with the exception of recreational fencing. The location, height and material of any recreational fencing shall be reviewed and approved by the planning commission. Barbed or razor wire shall be prohibited.

I.

Landscaping. A minimum of thirty percent of the site shall be landscaped, with one-third of the landscaping devoted to the parking area.

J.

Lighting. All outdoor lighting shall be consistent with the standards established in Section 17.42.030.

K.

Neighborhood Compatibility. For any construction proposal involving a site adjacent to a residentially zoned property, such proposals shall be subject to the neighborhood compatibility provisions of Chapter 17.62 of this code.

L.

Noise Standards. All activities within this district shall comply with the noise standards specified in Chapter 8.32 of this code.

(Ord. 547 § 3 (part), 1992: prior code § 1839)

Chapter 17.22 - C-R DISTRICT

17.22.010 - Purpose.

The C-R district is intended to provide areas in which the recreational needs of the city's residents can be served. The intent is to provide areas which, because of their size and proximity to surrounding land uses, can be developed with commercial or recreational facilities which will be convenient for residents and which, because of good design and the limiting of activities, will not unreasonably interfere with adjoining land uses.

(Prior code § 1840)

The following uses are permitted in the C-R district subject to the development standards set forth in Section 17.22.050 and provided that in each case a precise plan of design has been obtained as set forth in Section 17.58.020.

A.

Archery ranges;

B.

Fishing ponds;

C.

Public parks;

D.

Picnic grounds;

E.

Playgrounds;

F.

Club activities relating to the raising of goats, sheep, cattle, (nondairy), horses and small domestic farm animals;

G.

Public utility distribution and transmission substations;

H.

Horse training, board and stabling facilities; horseback riding clubs and incidental horse shows and community gatherings and caretaker quarters not to exceed twelve hundred square feet in area;

I.

The following uses; provided, that in each case a conditional use permit has been obtained as provided for in Chapter 17.68 of this code and that the development standards set out in Section 17.22.050 have been met:

1.

Golf courses and/or golf driving ranges;

2.

Bicycle riding recreational facilities including bicycle riding, tracks, bicycle motocrosses, and rest area, except when such uses are developed in city parks as permitted in subsection C of this section;

3.

Clubs providing game playing areas with spectator facilities, including tennis, handball and volley ball courts, baseball diamonds, football and soccer fields, racket tennis, basketball and squash;

4.

Limited use restaurants, refreshment stands and clubhouses incidental to uses provided for herein;

5.

Swimming pools;

6.

County clubs;

7.

Libraries and post offices;

J.

Such other uses as may be determined by the city council by written decision to be no more objectionable than those uses provided for in subsections A through I of this section and which will comply with the purposes of the zone as provided for in Section 17.22.010, subject to the permit process deemed applicable.

(Ord. 605 § 1 (part), 1999; prior code § 1841)

(Ord. No. 693, § 4, 4-8-2014)

The following uses are expressly prohibited in the C-R district:

A.

Residential uses, except as provided for in Section 17.22.020(H) and (I)(6);

B.

Commercial uses not specifically listed in Section 17.22.020;

C.

Uses relating to motor-driven bicycles, motorcycles or buggies;

D.

Amusement parks;

E.

Industrial uses;

F.

Amusement arcades;

G.

Churches;

H.

Schools.

(Ord. 605 § 1 (part), 1999; prior code § 1842)

17.22.040 - Games of skill and science.

No more than six games of skill and science are permitted and such games shall be only an accessory use.

(Prior code § 1842.1)

17.22.050 - Property development standards.

The following property development standards shall apply to all lots in the C-R district:

A.

Minimum Lot Area. No limitations. However, each lot created after June 30, 1975, shall have a minimum area of two acres.

B.

Minimum Lot Dimensions. No limitations. However, each lot created after June 30, 1975, shall have a respective width and depth of not less than one hundred fifty feet.

C.

Minimum Setback Requirements. Structures or buildings constructed after June 30, 1975, shall be set back from the property line with yards as defined in Section 17.02.650 as follows:

1.

Where any side or rear yard abuts or adjoins a residential district it shall have a minimum depth of twentyfive feet and shall be fully landscaped.

2.

Where a side or rear yard abuts or adjoins a zoning district other than residential, such yards shall have a minimum depth of fifteen feet and shall be fully landscaped.

3.

All front yards shall have a depth of twenty-five feet and shall be fully landscaped except as permitted in subdivision 4 of this subsection.

4.

Encroachments of up to five feet for vehicle parking may be permitted in the front yard setback when such yards do not abut or adjoin residential districts.

D.

Maximum Building Coverage. The total lot coverage by buildings shall not exceed twenty percent of the total lot area of the lot on which the building is to be constructed.

E.

Maximum Building Height. No building or structure shall have a height greater than forty-four feet, not including underground parking.

F.

Required Off-Street Parking. Off-street parking requirements shall be established for each use by the planning director. There shall be sufficient on-site parking to meet the needs of the specific use.

G.

Service Entrance. Service entrance, including loading platforms, shall be located on-site and screened from view of residential and agricultural districts and adjoining streets.

H.

Vehicular Access. There shall be adequate vehicular access from a dedicated improved street or service road.

I.

Landscaping Requirement.

1.

A minimum of twenty percent of the total site shall be fully landscaped.

2.

An area equal to at least five percent of the site shall be devoted to landscaping of parking lot areas as a part of the total twenty percent requirement. The limits of parking areas for landscape calculation purposes shall be defined by the planning director.

J.

Limiting of Certain Structures. Fences, hedges and walls up to six feet in height may be installed, constructed or attached to the ground in front yards, as defined in Chapter 17.02 of this code; and fences, walls, cages, netting or barriers up to fifteen feet in height, regardless of the percentage of vertical surface thereof which is open to permit transmission of light, air and vision, may be installed, constructed or attached to the ground for the purpose or cordoning off the land, building or structure for security, health, safety or recreation purposes in any area not within a required setback.

(Prior code § 1843)

(Ord. No. 679, § 1, 8-9-2011)

Chapter 17.26 - C-O DISTRICT

The C-O district is intended to serve as a neighborhood professional center for the limited needs of approximately one thousand families and to provide for limited compatible nonresidential uses or services. The size of the center is proposed to be directly related to the need for such professional and nonresidential uses or services, and its architecture and development shall be compatible with a residential atmosphere.

(Prior code § 1844)

The following uses shall be permitted in the C-O district subject to property development standards in Section 17.26.050:

A.

No existing residential structures in this district may be converted or altered for use for both residential and nonresidential purposes at the same time.

B.

All services and uses shall be conducted within a totally enclosed building constructed in conformity with the building regulations of the city. No sales of tangible, personal property shall be permitted within the district except as hereinafter specifically permitted.

1.

Offices (Business and Professional):

a.

Pharmacy, operated in connection with and as an incident to a medical office or offices,

b.

Real estate offices,

c.

Utility services offices,

d.

Accounting and legal offices,

e.

Governmental offices and public buildings, including but not limited to post offices and libraries;

2.

a.

Public utility distribution and transmission substations may be permitted; provided, that in each instance a conditional use permit has been obtained in accordance with the procedures stated in Chapter 17.68 of this code,

b.

A dispatch office with the storage of office supplies and activities subordinate to a dispatch office; provided, that in each instance a conditional use permit has been obtained in accordance with the procedures stated in Chapter 17.68 of this code,

c.

Medical offices, including offices for technicians and services incidental to rendering medical care, provided that in each instance a conditional use permit has been obtained in accordance with the procedures stated in Chapter 17.68 of this code;

d.

Churches may be permitted; provided, that in each instance a conditional use permit has been obtained in accordance with the procedures stated in Chapter 17.68 of this code.

e.

Schools may be permitted; provided, that in each instance a conditional use permit has been obtained in accordance with the procedures stated in Chapter 17.68 of this code.

3.

Other uses which the council, by written decision, determines to be similar to and not more objectionable than the uses already listed.

(Ord. 613 § 1 (part), 2000; Ord. 605 § 1 (part), 1999; Ord. 559 §§ 1, 2, 1993; prior code § 1845)

The following uses are expressly prohibited in the C-O district:

A.

Residential uses;

B.

Commercial uses not specifically listed in Section 17.26.020;

C.

Industrial uses;

D.

Amusement arcades;

E.

Reserved.

(Ord. 635 § 1 (part), 2007; Ord. 613 § 1 (part), 2000; Ord. 605 § 1 (part), 1999; prior code § 1846)

(Ord. No. 721, § 4B, 3-27-2018, ef. 4-26-2018)

No more than six games of skill and science are permitted and such games shall be only an accessory use.

(Prior code § 1846.1)

The following property development standards shall apply to all lots in the C-O district; provided, however, that where a lot has an area or width less than that required in this district and was held under separate ownership or was of record on March 15, 1960, such lot may be occupied by the uses permitted in Section 17.26.020, subject to the provisions of subsections D, E, F, G, H, I, J and K of this section.

A.

Minimum Lot Area. Each lot created in a C-O zone after September 1, 1974, shall have a minimum size of one acre.

B.

Minimum Lot Dimensions.

1.

Width: No limitations.

2.

Depth: No limitations.

C.

Maximum Population Density.

1.

No dwelling shall be permitted in this district.

2.

See Section 17.26.010 for use of existing residential buildings.

D.

Minimum Yard Requirements.

1.

Front yard. Each lot shall have a front yard extending across the full width of the lot, the yard to have a depth of not less than fifteen feet.

2.

Side yard. None; provided, however, that there shall be a side yard or not less than twenty feet maintained for all side yards abutting residential districts.

3.

Rear yard. None, except where the C-O district abuts a residential district there shall be a rear yard on the abutting C-O lot of not less than twenty feet.

E.

Maximum Coverage. The maximum coverage of the lot by buildings and structures shall not exceed twenty-five percent of the total lot area, one-half the width of all abutting alleys may be included in the C-O district.

F.

Maximum Building Height. No building or structure erected in the district shall have a height greater than thirty-five feet or two stories.

G.

Required Off-Street Parking. There shall be at least one auto parking space for each three hundred square feet of floor area, or fraction thereof. Where off-street parking facilities are provided in a large parking area or compound, and where the overall relationship between the parking area and the total floor area planned is in conformity with the provisions of this section, the off-street parking requirements for individual uses will be considered to be complied with when such parking areas are provided.

H.

Loading. No requirement.

I.

Fences, Hedges and Walls.

1.

Commercial Zones Adjoining Residential Zones.

a.

There shall be a five to six foot high masonry wall located along the property line where this commercial district abuts residentially zoned property, except where the wall is within twenty-five feet of any street right-of-way the wall shall be forty-two inches high.

b.

If, at the time of the precise plan of design, the planning commission is satisfied that the necessary separation is provided by a graded separation or additional yard depth, the requirement for a wall may be waived.

2.

Corner Visibility. To protect the visibility corners and provide for the safety of persons using the streets and sidewalks, fences, hedges and walls shall conform to the visibility requirements specified in the public

streets provisions of this code (Title 12).

J.

Access. There shall be adequate vehicular access from a dedicated improved street, service road or alley, the design of which shall be approved by the city engineer to withstand commercial access, excepting as to and from streets, service roads and alleys set forth on a subdivision map recorded in the office of the county recorder.

K.

Plan Review. Plans and elevations of all buildings and permitted signs shall be subject to review by the council and approval shall be based on conformity of buildings and permitted signs to the neighborhood environment. Strip-type developments shall be prohibited as determined under design review by the planning commission.

(Ord. 605 § 1 (part), 1999; prior code § 1847)

17.26.060 - Temporary fencing and landscaping requirements for vacant commercial-office (C-O) properties.

Any vacant site(s) in the commercial-office district (C-O), including a site that is already vacant upon the implementation of this title, shall be cleared of debris and fenced and landscaped within thirty days of becoming vacant and shall comply with the below stated criteria at all times, until a grading and/or building permit is issued and actual re-construction of the site commences:

A.

A six-foot high chain link fence shall be installed around the vacant site, set back a minimum of five feet from the sidewalk or curb (property line), to provide an area for temporary landscaping. Access gates shall be permitted as necessary. All fencing and gates shall be installed with horizontal top bars and stretched taught to avoid sagging and maintained in this manner for the duration of time the fence is in place. Said fencing, including gates, shall also be covered with screening of a dark green mesh and shall be installed from top to bottom and maintained in a neat and orderly fashion at all times. Should any graffiti result on said fence screening, the graffiti shall be removed immediately (which may include replacement of the screening or portions thereof) by the property owner and/or tenant.

B.

Landscaping shall be installed within the required five-foot minimum setback area between the fence and sidewalk/curb to the satisfaction of the planning director and/or community services director. In the event that there is a park strip (within the city's public right-of-way) adjacent to the vacant site, the landscaping plan must address this area in addition to the setback area to be landscaped on private property.

C.

Any proposed fencing and landscaping for corner properties must comply with Section 12.08.040 (Corner cutoffs) of the RHEMC.

D.

A landscape plan shall be submitted for review and approval by the park and activities commission. The landscaping plan must be submitted to the city prior to a demolition permit being issued to allow ample review time, such that the required landscaping can be installed within the thirty-day time limit upon the site becoming vacant. Landscaping shall be temporary in nature, capable of being replanted when no longer needed, but need not include mature specimens. Said landscaping shall also be water efficient in as much as possible, and screen the fence in as much as possible. A temporary irrigation system (on automatic timers) shall also be required for the maintenance of said landscaping.

E.

The interior portions of the site shall be maintained on a regular basis and be kept free from weeds and debris. The required landscaping shall also be maintained in good order and trimmed as necessary such that the site has a pleasing appearance at all times.

F.

Any trash or illegal dumping on the property shall be removed immediately by the property owner and/or tenant.

G.

Any request for signage on the site, including on the required fencing, shall be subject to the City's Sign Code (Chapter 17.60 of the RHEMC) and shall be approved by the planning director.

(Ord. No. 649, § 1, 12-9-08)

Chapter 17.28 - COMMERCIAL LIMITED MIXED-USE DISTRICT[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 749, § 3B(Exh. A-2), adopted July 9, 2024, repealed the former Chapter 17.28, §§ 17.28.010—17.28.060, and enacted a new Chapter 17.28 as set out herein. The former Chapter 17.28 pertained to C-L district and derived from Prior code §§ 1848—1850; Ord. 559 §§ 3, 4, 1993; Ord. 605 § 1 (part), 1999; Ord. 591 § 2 (part), 1997; Ord. 605 § 1 (part), 1999; Ord. 613 § 1 (part), 2000; Ord. 629 § 13, 2005; Ord. No. 649, § 1, Dec. 9, 2008; Ord. No. 721, § 4C, March 27, 2018, eff. April 26, 2018.

The Commercial Limited Mixed Use (CLMU) District is intended to provide neighborhood-serving retail, housing, offices, dining, and other compatible uses that foster a vibrant mixed-use district.

(Ord. No. 749, § 3B(Exh. A-2), 7-9-2024)

17.28.020 - Use overview.

A.

Principal Uses. Table 28-A indicates the classes of uses permitted (P), not permitted (N), permitted under a conditional use permit (C), permitted under an administrative use permit (AP), and permitted under a special event permit (SEP) in the district. The uses listed in this section as permitted are subject to the property development standards of Section 17.28.040. An asterisk (*) indicates that a use is permitted subject to specific development, or operational standards outlined in Section 17.28.060 (Special Development Standards) of this chapter.

ministrative use permit (AP), and permitted under a special event permit (SEP) in the district. The uses listed in this section as permitted are subject to the property development standards of Section 17.28.040. An asterisk (*) indicates that a use is permitted subject to specific development, or operational standards outlined in Section 17.28.060 (Special Development Standards) of this chapter.

B.

Review Procedure.

1.

Uses listed in Table 28-A as permitted (P) are permitted ministerially. All required state and county licenses must be obtained for the respective use, applicable parking requirements must be met, and the business is subject to the City's business license requirements set forth in Title 5 of this code.

2.

Uses listed in Table 28-A as subject to an administrative use permit (AP) are subject to the following permit procedure:

a.

The director may grant administrative use permits for uses that are found to be consistent with the general plan, do not conflict with any other provisions of this code, and that may require unique conditions of approval to ensure the operation of the respective use does not adversely affect surrounding properties, or the property of the applicant.

i.

Procedure.

1.

Application for an administrative use permit (AP) must be made to the department, in writing, on department-approved forms, and accompanied by the applicable fee.

2.

Notice of the application must be given to all owners of adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the director. After receiving a request for an AP for any of those uses classified as AP in Table 28-A, the director will either grant, deny, or grant with conditions, the application. The applicant and all owners of adjacent property will be mailed a copy of the director's decision and members of the planning commission and city council will also receive notice of the decision. The decision will be final unless appealed by an aggrieved person within twenty calendar days of the date of the mailing of the decision.

3.

If an appeal is filed with the planning commission, the commission will review the decisions of the director at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting will be mailed to all adjacent property owners. The commission, upon reviewing the record of the proceedings before the director and the appeal, will either sustain, overturn or modify the director's decision. Notice of the commission's decision will be mailed to both the applicant and the appellant. The decision of the commission will be final unless appealed to the city council by an aggrieved person or appealed by the city council on its own motion, within twenty calendar days of the decision.

4.

Except when appeal is an action of the city council, appeal to the city council must be in writing and accompanied by the applicable appeal feet. The city council will review the decision of the commission at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting will be sent to all contiguous and adjacent property owners. The city council, upon reviewing the record of the proceedings before the commission, will either sustain, overturn, or modify the decision of the commission. The decision of the city council will be final. Notice of the council's decision will be mailed to the applicant and the appellant by the city clerk within ten calendar days of the decision.

5.

Uses listed as conditionally permitted (C) in Table 28-A are subject to the requirements in Chapter 17.68 (Conditional Use Permit).

6.

Uses classified as permitted under a special event permit (SEP) in Table 28-A are subject to the requirements in Chapter 17.78 (Special Event Permits).

(Ord. No. 749, § 3B(Exh. A-2), 7-9-2024)

The following uses are expressly prohibited in the CLMU District:

A.

Drive-in or drive-through food facilities.

B.

Industrial uses, except to the limited extent permitted under Section 17.28.020, Table 28-A.

C.

Single-Family detached homes.

D.

Any use not specifically permitted by Section 17.28.020, Table 28-A, and no commercial uses are allowed outside of a building unless indicated as an outdoor use in Table 28-A.

(Ord. No. 749, § 3B(Exh. A-2), 7-9-2024)

A.

General Standards. Table 28-B and Table 28-C establish the general development standards applicable to all uses in the commercial limited mixed-use district.

Table 28-B

Commercial Development Standards

Required Yard Areas Between Buildings and Property Lines

-One space for each service vehicle; -One covered space for each serviced vehicle; -One space for each employee on shift with largest number of employees.

(a)

In all cases, minimum setback of ten feet from curb face. Third stories require additional setbacks as outlined in Section 17.28.040.

(b)

Setback may be reduced to zero feet if the structure is attached to a building abutting on lot or if no building on an abutting lot is within five feet of property line.

(c)

Setback may be reduced to zero feet for subterranean levels and walls; above-ground portions subject to setback requirements of primary buildings.

(d)

An accessory structure is limited to sixteen feet in height.

(e)

Elevator and mechanical equipment penthouses shall not be included in the measurement of height for commercial buildings.

(f)

Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection, and not otherwise installed on any occupiable areas of the roof.

(g)

The requirement for a wall may be waived by the planning commission if at the time of the Precise Plan of Design, it is satisfied that the necessary separation is provided by grade separation of additional yard depth.

(h)

For any use requiring a conditional use permit, parking in excess of the minimum requirements may be required by the planning commission to provide adequate parking for the conditionally permitted use.

(i)

If a lot is subject to an easement along any boundary for bridle tail purpose, the yard must be no less than seven feet in width measured from the eave of the nearest building to the closest boundary of the easement.

Table 28-C

Residential and Residential Mixed-Use Development Standards

Required Yard Areas Between Buildings and Property Lines

(a)

In all cases, minimum setback of ten feet from curb face. Third stories require additional setbacks as outlined in 17.28.040.B.

(b)

Subject to the applicable objective design standards under Section 17.28.060.

(c)

Setback may be reduced to zero feet for subterranean levels and walls; above-ground portions subject to setback requirements of primary buildings.

(d)

An accessory structure is limited to sixteen feet in height.

(e)

Elevator and mechanical equipment penthouses will not be included in the measurement of height for residential and residential mixed-use buildings.

(f)

Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection and are not otherwise installed on any occupiable areas of the roof.

(g)

Additional standards in Special Development Standards, Section 17.28.050.

(h)

At least one common usable outdoor open space area must be provided. Up to fifty percent of the open space requirement may be provided as indoor common recreational and social areas. Dining rooms may satisfy a portion of the open space requirement only if they are available for use by residents at all times.

(i)

For any use requiring a conditional use permit in a residential mixed-use project, parking in excess of the minimum requirements may be required by the planning commission to provide adequate parking for the conditionally permitted use.

(j)

Accessory dwelling units are permitted, subject to requirements of Chapter 17.56.

(k)

If a lot is subject to an easement along any boundary for bridle tail purpose, the yard must be no less than seven feet in width measured from the eave of the nearest building to the closest boundary of the easement.

B.

Building Height.

1.

Primary and secondary street: Maximum building height of twenty-five feet or two stories may be located in accordance with minimum yard areas listed in Table 28-B and Table 28-C. A third story or portions of the building envelope that exceed twenty-five feet in height must have an additional setback from any streetfacing property line so that no portion of any upper building envelope intercepts a plane having an angle of forty-five degrees from the horizontal toward the interior of the lot. This plane must originate at the intersection of the street-facing building façade and roofline of the second story or twenty-five feet in height.

C.

Yards. The yard areas indicated in Subsections 17.28.040.C.1 through 17.28.040.C.4 must be clear of all structures from the ground to the sky (except as otherwise permitted).

1.

Required. Yard areas must be provided as listed in Tables 28-B and 28-C.

2.

Corner Cutoffs. Corner cutoffs, as provided in Section 12.08.040 are required in all commercial mixed-use districts at all intersecting streets and driveways. Nothing may be erected or allowed to grow within the corner cutoff in such a manner that impedes access or visibility up to eight feet in height. Required corner cutoffs must be a minimum of ten feet by ten feet.

3.

Permitted Structures. No structures are permitted in required yards, except:

a.

Signs, as specified in Chapter 17.60, relating to on-premises signs;

b.

Outdoor dining;

c.

Vehicle parking as allowed by Table 28-B or 28-C;

d.

Vehicle loading is required as follows:

i.

All loading and unloading spaces must be enclosed on three sides and covered in such a way that the loading area gives the appearance of being an architectural extension of the buildings. Loading space will not be considered as part of the building for calculating gross leasable floor space but will be considered part of the building area. The location and size of loading spaces required will be as determined by the planning commission based on the size of the site, the amount of building area and floor space, and the types of uses proposed in the precise plan of design. Large retail uses will be required to provide, at the minimum, a loading facility large enough to accommodate the largest vehicle permitted by the California Vehicle Code. The minimum width and height of loading spaces are twelve feet and fourteen feet, respectively.

e.

Awnings as allowed by the Uniform Building Code.

4.

Required Landscaping. All required yard areas, except those yards used for outdoor dining, must contain an area not less than ten feet in depth, along the street-facing property lines, planted with trees, shrubs or groundcover. Additional applicable landscape requirements are in Chapter 17.59.

a.

Surface Parking Lots. Surface parking lots must contain a minimum six-foot-deep landscaping setback area that must be provided along the street-facing edge of all parking, driveways, and service areas. A minimum of twenty percent of the total surface parking area must be landscaped in accordance with Chapter 17.59, including at least one tree per 200 square feet of total area between the property line and the face of the curb of the parking area must be provided. Trees must be 15-gallon size minimum.

b.

Street Trees. New development must provide street trees within the public right-of-way in a linear row pattern at an interval between 20 to 40 feet on all street facades. The location of all trees may not impede the minimum width of the public sidewalk required to accommodate the American with Disabilities Act and must be in compliance with the applicable provisions of Chapter 17.59 and Chapter 12.20.

D.

Screening Required.

1.

General. The following required screening I applies in all commercial and residential mixed-use developments.

a.

Open Storage. Open storage is prohibited. Certain merchandise is permitted to be displayed outdoors for sale or rent as indicated in Table 30-A (17.30.020) and Table 28-A (17.28.020).

b.

Parking Lots. All parking lots must maintain a planted edge of at least six feet between the parking lot and the sidewalk and contain light standards as provided in Section 17.40.140 and Chapter 17.42.

c.

Adjacent to Single-Family Residential Districts. All commercial uses adjoining or abutting a single-family residential district must be screened by a solid fence or wall not less than six feet in height, except in the front yard of the residential lot, where the fence or wall must be three feet in height.

d.

Parking structures. All sides of a parking structure abutting a public street must be screened by trees, vines or other decorative screening approved by the director.

2.

Mechanical Equipment on Rooftops. The following restrictions are required to improve the aesthetic quality of the CLMU District and to ensure the security of each building.

a.

Required. In all commercial and mixed-use zones, rooftop mechanical equipment, except solar collectors and rain gutters, must be screened on all sides by screening not less than the height of the equipment being screened.

b.

Secured. All rooftop mechanical equipment must be secured from unauthorized entry to the satisfaction of the building official.

c.

Materials. All rooftop mechanical equipment screening devices must be of a material requiring a low degree of maintenance. Wood may generally not be utilized unless it can be shown that proper maintenance will occur. All screening devices must be well integrated into the design of the building through such items as parapet walls continuous with the walls of the structure, false roofs, or equipment rooms. Louvered designs are acceptable if consistent with the building design style.

d.

Substitutions. Well-planned, compact, architecturally integrated rooftop equipment may be substituted for screening with the approval of the director.

E.

Review Process.

1.

Commercial Development. Nonresidential development projects, including uses classified as group living quarters (general care facilities, residential care facilities for the elderly, and skilled nursing facilities) are subject to the precise plan of design procedures in Chapter 17.58, for projects that include exterior alterations to parking areas, building exteriors, substantial grading or filling, construction of new structures, or addition of floor area to any existing structures.

2.

Residential and Residential Mixed-Use. Residential and residential mixed-use development projects that comply with the underlying zoning requirements, general plan requirements and the Objective Design Standards in 17.28.060, will be processed in one of the following ways:

a.

Projects that propose a project in compliance with underlying zoning requirements, general plan requirements, and objective design standards under Section 17.28.060, are subject to the procedures in Section 17.28.060.

b.

Non-residential uses included in mixed-use development projects are subject to procedural standards in Section 17.28.020, Table 28-A, and are subject to the applicable parking requirements in Table 28-B and/or

Chapter 17.40.

(Ord. No. 749, § 3B(Exh. A-2), 7-9-2024)

A.

Solid Waste and Recycling Service Area Siting. The following requirements are applicable to all properties within the CLMU.

1.

Solid waste and recycling collection areas and bins must be incorporated into parking areas inside buildings or enclosed by a screen wall of durable material. Planting must screen views from streets, pedestrian areas, and neighboring properties.

2.

Solid waste and recycling collection areas and bins must be located no more than thirty-five feet from the vehicle access point and the slope of the access path leading to the collection area may be no greater than five percent in the direction of travel and two percent in the cross slope.

3.

Any application for a new building must have all proposed solid waste/recycling storage capacity and collection locations reviewed and approved by the city's solid waste/recycling service provider.

B.

Services and Utilities. The following requirements are applicable to all properties within the CGMU.

1.

Where ground-level utilities and mechanical equipment is required to be in the front yard or between a building and the public right-of-way, at least three of the following measures must be provided:

a.

Group above-ground utilities and mechanical equipment.

b.

Orient equipment to be perpendicular to the sidewalk and not parallel, as to result in a slimmer profile from street view.

c.

Set equipment below grade with solid or grated coverings.

d.

Install walls, fences, or screens using design features, materials, and colors used in the main structure.

e.

Raise the existing grade around the equipment with a berm or earthwork.

f.

Provide U-shaped plantings of shrubs that grow at least as high as the equipment without preventing maintenance access.

g.

Design recesses in the building wall that provide space for equipment set back from the public right-ofway.

h.

Paint equipment black or dark green to reduce their visibility.

2.

Utility Meters. Located utility meters in service, loading, or screened areas. Exterior surface mounted utility boxes visible from the public right-of-way are prohibited. Utility meters must be painted to match the color of the building face to which they are attached.

3.

Location of Electrical Transformers and Generators. If undergrounding is not feasible, at least one of the following measures must be employed:

a.

Enclose equipment within the building.

b.

Place equipment behind the build and screen with walls, fences, or other screens that contain design features, materials, and colors related to the main structure. The height of the screening walls must at least be as tall as the mounted height of the transformer/generator.

c.

A solid enclosure with screening walls must be located adjacent to the building wall and be at least as tall as the mounted height of the transformer/generator and any associated ventilation equipment.

4.

Screening of Backflow Preventers. Backflow preventers (BFP) must be screened from view using one or more of the design approaches below:

a.

Consolidate all BFP components in a single location within ten feet of the side property line.

b.

Screen BFP with a hedge of English Boxwood, Coyote Brush, Morning Glory, Rockrose, Lavender, or other visually dense and water-wise species at least four feet tall and surrounding BFP on street-facing frontage and two other sides, while maintaining required access for maintenance.

c.

Install a wall, fence, or screen around three sides of BFP displaying materials, colors or design features used in the principal building.

d.

Paint all BFP components black or dark green.

C.

Stormwater Management. All building and site designs must provide stormwater treatment measures that meet the requirements of Chapter 8.38.

(Ord. No. 749, § 3B(Exh. A-2), 7-9-2024)

The following uses are permitted as provided in 17.28.020, Table 28-A, subject to the following standards:

A.

Day nurseries, daycare centers, nursery schools, preschools, childcare centers, and similar uses for daytime care and education of a limited number of persons.

1.

The hours of operation will be limited to the hours between 6:00 a.m. and 8:00 p.m.

B.

Emergency Shelters. Emergency shelters are permitted in this district subject to the following standards:

1.

General Development Standards. The facility must conform to the property development standards of Section 17.28.040, Table 28-B and Table 28-C, with exceptions noted in the respective table of standards that do not apply to emergency shelters.

2.

Maximum Number of Persons/Beds. The facility may not contain more than 15 beds or serve more than fifteen homeless persons at any one time. A minimum of 50 square feet of personal space must be allocated to each client bed and private storage area, or as may be required by city building and fire code requirements.

3.

On-site Parking. One space for each two hundred square feet of area to be leased, but not less than a minimum of two spaces for each shelter.

4.

Client Intake Area. If the intake of clients occurs on-site, an enclosed or waiting area must be provided of sufficient size to avoid any outside queuing.

5.

Management Plan. The proposed emergency shelter provider must submit to the director a written management plan for approval that addresses the following:

a.

The separation of individual male and female sleeping areas, and the provision of family sleeping areas.

b.

Good neighbor issues, including specific measures to minimize resident congregation in the vicinity of the facility during any hours that residents are not allowed inside the facility. Specific goals and objectives are to be established to avoid the disruption of and interference with adjacent and nearby uses.

c.

The system of management for daily admittance and discharge procedures.

d.

All screening processes of potential residents for admittance eligibility, including procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities, other service agencies, or law enforcement.

e.

Any counseling programs that are to be provided with referrals to outside assistance agencies, and the provision of an annual report on a facility's activity to the city.

f.

Staffing plans, including the qualification and responsibilities of all staff members and the number and positions of employees on each shift. A contact phone number for the person in charge when the shelter is operating must be provided at all times.

g.

Lighting, video cameras, fencing, and any other physical improvements and security intended to provide or enhance security for residents and staff.

h.

Transportation issues and the provision of any food services to residents only.

6.

Annual Report. The operator of the facility must provide the city with an annual report of the operation and use of the facility that demonstrates compliance with the requirements of this code section.

7.

Proximity to Other Shelters. No more than one emergency shelter is permitted within a radius of three hundred feet from another emergency shelter.

C.

Indoor animal adoption and boarding. The following special development standards apply to businesses involving indoor animal adoption and boarding uses by right or requiring an administrative use permit under Section 17.28.020.B:

1.

Location. The site must not adjoin or abut a residential use district. (A use providing ground floor mixed-use commercial and residential is exempt from this requirement.)

2.

Size. Adoption and boarding areas must remain an accessory component of the established primary operation and may not exceed fifty percent of the gross floor area.

3.

Building Improvements.

a.

The facility must be improved with sound abatement measures to ensure compliance Chapter 8.32 (Noise). Written documentation by a licensed acoustical engineer be provided to demonstrate compliance with the city's noise regulations, subject to the approval of the director.

b.

Impervious flooring surfaces and floor drains must be incorporated in the areas dedicated for recreation or boarding of animals. Operations involving the care of cats are exempt from providing floor drains.

c.

Facilities must be temperature-controlled with a heating, ventilation and air conditioning (HVAC) system meeting all current code requirements.

d.

Facilities incorporating the handling, preparation, or sale of food or beverages must be designed in accordance with Title 8 (Health and Safety) of this code.

4.

Operations.

a.

All business activities must be confined within an enclosed building.

b.

Operations and care of animals must be in compliance with the applicable provisions of Title 6 (Animals) of this code.

c.

The number of animals will be limited to a minimum area of seventy-five square feet of floor area per animal.

d.

The operator must clean all recreational and boarding areas daily and properly dispose of associated animal waste.

D.

Outdoor animal daycare. The following special development standards apply to businesses involving outdoor animal daycare services requiring a Conditional Use Permit:

1.

Review Process. A conditional use permit (CUP) under Chapter 17.68 is required to allow public review and the opportunity to establish appropriate conditions of approval for the operation.

2.

Separation distance. Outdoor dog animal daycare uses must be at least 200 feet from the nearest property zoned or used for residential purposes. A ground floor mixed-use commercial and residential use is exempt from this requirement.)

3.

Attendant Required. Staff must be in the outdoor area whenever animals are in the outdoor area.

4.

Limitation on the number of animals. The number of animals permitted in the outdoor area must be consistent with the standards set by the American Society forthe Prevention of Cruelty to Animals (ASPCA) and must provide a minimum of seventy-five square feet of floor area per animal.

5.

Fencing. Opaque fencing is required to screen all outdoor areas from adjacent uses.

6.

Landscaping. Landscaping must be provided adjacent to the outdoor fencing to allow for planting.

7.

Hours of operation. Outdoor animal daycare hours of operation will be limited to between 7:00) a.m. and 7:00 p.m., Monday through Sunday.

8.

Daily cleaning. The operator must clean all outdoor areas daily and properly dispose of associated animal waste.

E.

Manufacture of products sold on-site. Artisanal and limited-production manufacture of goods is permitted where the impacts of the use (noise, light, odor, temperature, vibration, loading/unloading, storage, etc.) are compatible with the mixed-use setting of this district and do not interfere with the daily operation of adjacent residential and non-residential uses subject to the following standards:

1.

Manufacturing processes that result in vibrations, noise, or emissions inconsistent with residential habitation are prohibited within a residence. This includes, but is not limited to, cabinetry, upholstery, textile dying, welding, and metal fabrication. Such uses may be permitted in a live-work unit consistent with building code standards.

2.

The use is limited to accessory use in live-work/artist studio with residence/shopkeeper units, and basic sales and services uses.

3.

Manufacturing space may not exceed seventy percent of the gross square footage of the basic sales and services use.

All manufacturing and production of products, including storage of materials and completed products, must be conducted within an enclosed structure and may not be located closer than twenty feet to a residential-only use.

5.

When located adjacent to a residential use, provisions must be made to minimize noise, light, and odor impacts on the adjacent residential use. This may include a sound buffering acoustic wall and/or separation by a physical barrier.

6.

Use of outdoor generators is prohibited.

F.

General residential care facilities. General residential care facilities are subject to the following additional development standards:

1.

The total floor area of the facility must average at least four hundred square feet per resident, excluding parking.

2.

The facility may not contain more than twenty beds or serve more than 20 persons at any one time.

3.

Parking requirements are one space per bedroom and two spaces for every five bedrooms for guest and employee parking.

4.

No general residential care facility is allowed to be located within 1,000 feet of the boundaries of a parcel with another such facility.

G.

Single room occupancy (SRO) facilities. Single room occupancy (SRO) facilities are subject to the following additional development standards:

1.

Parcel Size. The maximum permitted parcel size for a SRO facility is one-half acre.

2.

Unit Size. The minimum size of a unit is two hundred fifty square feet and the maximum size of a unit is three hundred fifty square feet.

3.

Occupancy. Each unit must be designed to accommodate a maximum of two individuals.

4.

Common Area. Notwithstanding Section 17.37.040(C), a minimum of ten square feet for each unit or three hundred square feet, whichever is greater, must be provided for a common area. All common area must be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas may be considered common areas. Shared bathrooms and kitchens are not considered common areas.

5.

Bathroom Facilities. Each unit must provide a full bathroom consisting of a tub and shower combination or shower, sink, and a toilet. The bathroom must be separated from the main living space.

6.

Kitchen Facilities. Each unit must provide a kitchen area with a functioning cooking appliance, sink with garbage disposal, refrigerator, and dining table/counter area.

7.

Closet. Each unit must have a separate interior closet.

8.

Laundry Facilities. A shared washer and dryer appliance for residents must be provided on each residential floor.

9.

Management Plan. A management plan must be submitted for review and approval. The management plan must contain the following:

a.

Management policies and operations;

b.

Rental procedures and rates, including tenant screening and low-income residency requirement certification, minimum tenancy of thirty days, and rates affordable to persons of low income;

c.

Maintenance plans;

d.

Residency and guest rules and procedures, including clear standards for grievances, tenant behavior, and evictions;

e.

Security procedures and staffing needs including job descriptions;

f.

Provision for an on-site resident manager (available twenty-four hours a day) for any SRO facility with ten or more units. The manager may not occupy a SRO unit. A SRO facility with nine units or less must provide a management office on-site.

10.

Parking. Parking (which may be uncovered) must be provided at a ratio of 1.5 spaces per unit.

11.

Separation. A SRO facility may not be located within five hundred feet of any other SRO facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

H.

Senior independent living facilities, residential care facilities for the elderly, and skilled nursing facilities. Senior independent living facilities, residential care facilities for the elderly, and skilled nursing facilities are subject to the following provisions:

1.

Minimum Separation. No facility with a residential care for the elderly component or skilled nursing component may be located within one thousand five hundred feet of any other facility with either such component as measured from the nearest property line.

2.

Minimum Unit Size.

a.

For senior independent living facilities, the following minimum unit sizes are required:

i.

Studio units: Four hundred square feet.

ii.

One-bedroom units: Five hundred forty square feet.

iii.

Two-bedroom units: Seven hundred square feet.

b.

For residential care facilities for the elderly, minimum individual room size per licensed bed is four hundred square feet, or as required by applicable state law or building codes, whichever is greater. For skilled nursing and dementia/memory care facilities, minimum room size per licensed bed is three hundred square feet or as required by applicable state law or building codes, whichever is greater.

3.

Open Space. A minimum of two hundred square feet per unit (for senior independent living units) or per bed (for residential care facilities for the elderly and skilled nursing facilities) must be provided as open space, which may be provided as private patios/balconies or common areas. At least one common usable outdoor open space area must be provided. Up to fifty percent of the open space requirement may be provided as indoor common recreational and social areas. Dining rooms may satisfy a portion of the open space requirement only if they are available for use by residents at all times.

4.

Parking. Off-street parking, including guest and employee parking, must be provided at the following rate:

a.

Senior Independent Living Units. As required by Section 17.37.040(F) for senior housing.

b.

Residential Care Facilities for the Elderly (excluding memory care/dementia beds). One space per two licensed beds plus one space per two employees on the largest shift.

c.

Skilled Nursing Facilities and Memory Care/Dementia beds. One space per two employees on the largest shift.

The operator must provide a parking management plan demonstrating how peak period demand (e.g., Mother's Day) will be accommodated, which may include shared parking agreements with neighboring properties. In addition, a plan for shuttle transportation to local shopping services for residents of assisted living facilities may be required as determined during project review.

5.

Deviations from these standards for unit size, open space and parking may be approved through the conditional use permit process based on a site-specific analysis. Any other deviation from applicable development standards will require approval of a variance pursuant to Chapter 17.66 of this code.

When a senior project includes more than one type of facility on the same campus, each component of the project must conform to the development standards applicable to that type of facility.

I.

Vending Machines.

1.

Vending machines are permitted as an accessory use to existing retail sales on a site. Such machines may not obstruct pedestrian access and may not be located within any required parking or landscape area.

J.

Low-Barrier Navigation Centers.

1.

For the purposes of this chapter, a "low-barrier navigation center" has the meaning set forth in Government Code section 65660. Within thirty days of receipt of an application for a low-barrier navigation center development, the department will notify the applicant whether the application is complete pursuant to Government Code section 65943. Within sixty days of receipt of a completed application for a low-barrier navigation center, the director will act upon the application.

2.

Performance Standards. A low-barrier navigation center must comply with the following standards:

a.

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

b.

Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as amended, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

4.

Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

K.

Supportive Housing.

1.

Definitions. For the purposes of this chapter, the following definitions will apply:

a.

"Supportive housing" has the same meaning as defined in Health and Safety Code section 50675.14.

b.

"Supportive services" has the same meaning as defined in Government Code section 65582.

c.

"Target population" the same has meaning as defined in Health and Safety Code section 50675.14.

2.

Supportive housing project must meet criteria in subsection (K)(2). Within thirty days of receipt of an application for a supportive housing project, the department will notify the applicant whether the application is complete pursuant to Government Code section 65943. Within sixty days of receipt of a completed application for a supportive housing project, the director will act upon the application.

3.

Criteria for approval of a supportive housing project. A supportive housing project must meet all of the following criteria:

a.

The project may not exceed fifty units.

b.

The units will be subject to a recorded affordability restriction for at least fifty-five years.

c.

One hundred percent of the units, excluding managers' units, are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income households.

d.

At least twenty-five percent of the units or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, must be restricted to residents in supportive housing.

e.

The applicant provides the department with all of the information required by Government Code section 65652.

f.

Nonresidential floor area must be used for onsite supportive services in the following amounts:

i.

For a development with twenty or fewer total units, at least ninety square feet must be provided for onsite supportive services.

ii.

For a development with more than twenty units, at least three percent of the total nonresidential floor area must be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

g.

The applicant agrees to a condition requiring the replacement any units in the manner provided in Government Code section 65915(c)(3).

h.

The units, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

i.

The applicant must provide a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code section 65651, and describing those services, which plan must include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services.

ii.

The proposed funding source or sources for the provided onsite supportive services.

iii.

Proposed staffing levels.

iv.

No minimum parking requirements will be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.

(Ord. No. 749, § 3B(Exh. A-2), 7-9-2024)

17.28.070 - Objective design standards and conformity review.

A.

Applicability.

1.

Construction of all new residential and residential mixed-use buildings, as permitted by Section 17.28.020, additions of full or partial floors or additional building height to existing buildings, must conform to the objective design standards (ODS) adopted by the City Council. The intent of the ODS is to limit personal or subjective judgment by the department staff. The ODS I provide guidance for site design, building design, context sensitivity, and landscaping.

B.

Review Process.

1.

Not less than one hundred eighty days prior to the submittal of any building permit for construction subject to the ODS, the applicant must request conformity review from the department to ensure that the project for which the permit is sought is in conformance with the ODS.

2.

Upon review of the conformity review submittal, the director will determine if the project conforms to the ODS. Within forty-five calendar days of the submittal, the director will provide the applicant with written findings and recommendations. The applicant must consider any recommendations made by the department and must resubmit the project for re-review, if necessary. Within thirty calendar days of the resubmittal, the director will provide the applicant with the written findings and recommendations. All subsequent re-reviews of the submittal will be allotted the same thirty day review.

3.

Should the applicant fail to address the recommendations of the department, the director will not approve the release of any building permit to construct the project. Should the applicant disagree with the recommendations of the department, the applicant may appeal the specific recommendations with which the applicant disagrees to the city council, which will consider the appeal within thirty calendar days. No special notice to adjacent property owners is required.

4.

The conformity review process outlined in this section will be a review of the ODS only and will not include review by other city departments, which review will instead be conducted at the time of building permit submittal.

(Ord. No. 749, § 3B(Exh. A-2), 7-9-2024)

Chapter 17.30 - COMMERCIAL GENERAL MIXED-USE DISTRICT[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 749, § 3A(Exh. A), adopted July 9, 2024, repealed the former Chapter 17.30, §§ 17.30.010—17.30.090, and enacted a new Chapter 17.30 as set out herein. The former Chapter 17.30 pertained to C-G district and derived from Prior code §§ 1851—1854; Ord. 559 §§ 5—12, 1993; Ord. 591 § 2 (part), 1997; Ord. 605 § 1 (part), 1999; Ord. 613 § 1 (part), 2000; Ord. 635 § 1 (part), 2007; Ord. No. 649, § 1, Dec. 9, 2008; Ord. No. 689, § 2, Dec. 10, 2013; Ord. No. 691, § 2, Dec. 10, 2013; Ord. No. 693, § 5, April 8, 2014; Ord. No. 694, § 4, Sept. 23,2014; Ord. No. 721, § 4B, Mar. 27, 2018, eff. April 26, 2018; Ord. No. 744, § 4(Exh. B), Oct. 11, 2022.

The Commercial General Mixed-Use (CGMU) District is intended to provide neighborhood- and regionserving retail, housing, offices, dining, hotels, entertainment, and other compatible uses that foster a walkable mixed-use district.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

17.30.020 - Use overview.

A.

Principal Uses. Table 30-A indicates the classes of uses permitted (P), not permitted (N), permitted under a conditional use permit (C), permitted under an administrative use permit (AP), and permitted under a special event permit (SEP) in the district. An asterisk (*) indicates that a use is permitted subject to specific development or operational standards outlined in Section 17.30.060 (Special Development Standards) of this chapter.

classes of uses permitted (P), not permitted (N), permitted under a conditional use permit (C), permitted under an administrative use permit (AP), and permitted under a special event permit (SEP) in the district. An asterisk (*) indicates that a use is permitted subject to specific development or operational standards outlined in Section 17.30.060 (Special Development Standards) of this chapter.

B.

Review Procedure.

1.

Uses listed in Table 30-A as permitted (P) are permitted ministerially. All required state and county licenses must be obtained for the respective use, applicable parking requirements must be met, and the business is subject to the City's business license requirements set forth in Title 5 of this Code.

2.

Uses listed in Table 30-A as subject to an administrative use permit (AP) are subject to the following permit procedure:

a.

The director may grant administrative use permits for uses that are found to be consistent with the general plan, do not conflict with any other provisions of this Code, and that may require unique conditions of approval to ensure the operation of the respective use does not adversely affect surrounding properties, or the property of the applicant.

i.

Procedure.

1.

Application for an administrative use permit (AP) must be made to the department, in writing, on department-approved forms, and accompanied by the applicable fee.

2.

Notice of the application must be given to all owners of adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the director. After receiving a request for an AP for any of those uses classified as AP in Table 30-A, the director will either grant, deny, or grant with conditions, the application. The applicant and all owners of adjacent property will be mailed a copy of the director's decision. The decision will be final unless appealed by an aggrieved person within twenty calendar days of the date of the mailing of the decision.

3.

If an appeal is filed with the planning commission, the commission will review the decision of the director at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting must be mailed to all adjacent property owners. The commission, upon reviewing the record of the proceedings before the director and the appeal, will either sustain, overturn or modify the director's decision. Notice of the commission's decision will be mailed to both the applicant and the appellant. The decision of the commission will be final unless appealed to the city council by an aggrieved person or appealed by the city council on its own motion, within twenty calendar days of the decision.

Except when appeal is an action of the city council, appeal to the city council must be in writing and must be accompanied by the applicable appeal fee. The city council will review the decision of the commission at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting must be sent to all adjacent property owners. The city council, upon reviewing the record of the proceedings before the commission, will either sustain, overturn, or modify the decision of the commission. The decision of the city council will be final. Notice of the council's decision will be mailed to the applicant and the appellant by the city clerk within ten calendar days of the decision.

3.

Uses classified as conditionally permitted (C) in Table 30-A are subject to the requirements in Chapter 17.68 (Conditional Use Permit).

4.

Uses classified as permitted under a special event permit (SEP) in Table 30-A are subject to the requirements in Chapter 17.78 (Special Event Permits).

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

The following uses are expressly prohibited in the CGMU District:

A.

Drive-in or drive-through food facilities.

B.

Industrial uses, except to the limited extent permitted under Section 17.30.020, Table 30-A.

C.

Single-Family detached homes.

D.

Any use not specifically permitted by Section 17.30.020, Table 30-A, is prohibited, and no commercial uses are allowed outside of a building unless indicated as an outdoor use in Table 30-A.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

General Standards. Table 30-B and 30-C establish the general development standards applicable to all uses in the commercial general mixed-use district.

Table 30-B

Commercial Development Standards

Required Yard Areas Between Buildings and Property Lines

(a)

In all cases, minimum setback of ten feet from curb face. Fourth stories require additional setbacks as provided in Section 17.30.040(b).

(b)

Setback may be reduced to zero feet if the structure is attached to a building abutting on lot or if no building on an abutting lot is within five feet of property line.

(c)

Setback may be reduced to zero feet for subterranean levels and walls; above-ground portions subject to setback requirements of primary buildings.

(d)

An accessory structure is limited to sixteen feet in height.

(e)

Elevator and mechanical equipment penthouses will not be included in the measurement of height for commercial buildings.

(f)

Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection, and not otherwise installed on any occupiable areas of

the roof.

(g)

The minimum required loading area may not be less than ten feet in width and twenty-five feet in length, must have an unobstructed height of not less than fourteen feet, and be accessible from a street, highway, or alley.

(h)

The requirement fora wall may be waived by the planning commission if at the time of the precise plan of design review, it is satisfied that the necessary separation is provided by grade separation of additional yard depth.

(i)

For any use requiring a conditional use permit, parking in excess of the minimum requirements may be required by the planning commission to provide adequate parking for the conditionally permitted use.

(j)

These requirements apply only to new subdivision of existing parcels.

(k)

Emergency shelters are exempt from this requirement and Single Room Occupancy (SRO) minimum lot area is one-half (0.5) acre.

(l)

Non-residential development is eligible to apply for building height greater than fifty feet and less than or equal to sixty feet or five stories through a Conditional Use Permit application, as outlined in Chapter 17.68.

(a)

In all cases, a minimum setback of ten feet from curb face. Fourth stories require additional setbacks as outlined in Section 17.30.040.B and the applicable Objective Design Standards adopted by the city council.

(b)

Subject to the applicable Objective Design Standards under Section 17.30.070.

(c)

Application for an increase in maximum coverage ratio, building height, or number of residential units, or a decrease in any other applicable development standards may be made, in compliance with the provisions of Sections 17.30.080 through 17.30.090.

(d)

Setback may be reduced to zero feet for subterranean levels and walls; above-ground portions subject to setback requirements of primary buildings.

(e)

An accessory structure is limited to sixteen feet in height.

(f)

Elevator and mechanical equipment penthouses will not be included in the measurement of height for residential and residential mixed-use buildings.

(g)

Rooftop solar collectors and associated supporting structures may exceed the applicable height limit only if necessary for the sole purpose of solar collection and are not otherwise installed on any occupiable areas of the roof.

(h)

Additional standards in Special Development Standards, Section 17.30.060.

(i)

At least one common usable outdoor open space area must be provided. Up to fifty percent of the open space requirement may be provided as indoor common recreational and social areas. Dining rooms may satisfy a portion of the open space requirement only if they are available for use by residents at all times.

(j)

For any use requiring a conditional use permit in a residential mixed-use project, parking in excess of the minimum requirements may be required by the planning commission to provide adequate parking for the conditionally permitted use.

(k)

Accessory dwelling units are permitted, subject to the requirements of Chapter 17.56.

(l)

Emergency shelters are exempt from this requirement.

B.

Building Height. The height of all buildings will be limited as indicated in Tables 30-B and 30-C. Upper story setbacks are required as follows:

1.

Properties fronting public rights-of-way ≤ sixty feet in width.

a.

Primary and secondary street: Building height of 37.5 feet, or three stories, may be located five feet from property lines, but in no case less than ten feet from curb face. A fourth story or portions of the building envelope that exceed 37.5 feet in height must have an additional setback from any street-facing property line so that no portion of any upper building envelope intercepts a plane having an angle of forty-five degrees from the horizontal toward the interior of the lot. This plane must originate at the intersection of the street-facing building facade and roofline of the third story or 37.5 feet in height.

b.

Non-residential development. Building height > fifty feet and ≤ sixty feet in height or a fifth story are subject to the procedures outlined in Chapter 17.68. A fifth story or portions of the building envelope that exceed the maximum prescribed building height in B.1(a) of this section, must have an additional setback from any street-facing property line so that no portion of any upper building envelope intercepts a plane having an angle of forty-five degrees from the horizontal toward the interior of the lot. This plane must originate at the intersection of the street-facing building facade and roofline of the third story or 37.5 feet in height.

2.

Properties fronting public rights of way > sixty feet in width.

a.

Primary and secondary street: Maximum building height of fifty feet or four stories may be located five feet from property lines, but in no case less than ten feet from curb face.

b.

Non-residential development. Building height > fifty feet and ≤ sixty feet in height or a fifth story are subject to procedures outlined in Chapter 17.68. A fifth story or portions of the building envelope that exceed the maximum prescribed building height in B.2(a) of this section, must have an additional setback from any street-facing property line so that no portion of any upper building envelope intercepts a plane having an angle of forty-five degrees from the horizontal toward the interior of the lot. This plane must originate at the intersection of the street-facing building façade and roofline of the fourth story or fifty feet in height.

C.

Yards. The yard areas indicated in Subsections 17.30.040.C.1 through 17.30.040.C.4 must be clear of all structures from the ground to the sky (except as otherwise permitted).

1.

Required. Yard areas must be provided as indicated in Tables 30-B and 30-C.

2.

Corner Cutoffs. Corner cutoffs, as provided in Section 12.08.040 are required in all commercial mixed-use districts at all intersecting streets and driveways. Nothing may be erected or allowed to grow within the corner cutoff in such a manner which impedes access or visibility up to eight feet in height. Required corner cutoffs must be a minimum of ten feet by ten feet.

3.

Permitted Structures. No structures are permitted in required yards, except:

a.

Signs, as specified in Chapter 17.60, relating to on-premises signs;

b.

Outdoor dining;

c.

Vehicle parking as allowed by Table 30-B or 30-C;

d.

Vehicle loading in street frontage setbacks as provided in Table 30-B or 30-C;

e.

Awnings as allowed by the Uniform Building Code.

4.

Required Landscaping. All required yard areas, except those yards used for outdoor dining, must contain an area not less than five feet in depth, along the street-facing property lines, planted with trees, shrubs or groundcover. Additional applicable landscape requirements are in Chapter 17.59.

a.

Surface Parking Lots. Surface parking lots must contain a minimum six-foot-deep landscaping setback area that must be provided along the street-facing edge of all parking, driveways, and service areas. A minimum of twenty percent of the total surface parking area must be landscaped in accordance with

Chapter 17.59, including at least one tree per two hundred square feet of total area between the property line and the face of the curb of the parking area must be provided. Trees must be 15-gallon size minimum.

b.

Street Trees. New development must provide street trees within the public right-of-way in a linear row pattern at an interval between twenty to forty feet on all street facades. The location of all trees may not impede the minimum width of the public sidewalk required to accommodate the American with Disabilities Act and must be in compliance with the applicable provisions of Chapter 17.59 and Chapter 12.20.

D.

Screening Required.

1.

General. The following required screening applies in all commercial and residential mixed-use developments.

a.

Open Storage. Open storage is prohibited. Certain merchandise is permitted to be displayed outdoors for sale or rent as provided in Table 30-A and Table 28-A (17.28.020).

b.

Parking Lots. All parking lots must maintain a planted edge of at least six feet between the parking lot and the sidewalk and contain light standards as provided in Section 17.40.140 and Chapter 17.42.

c.

Adjacent to Single-Family Residential Districts. All commercial uses adjoining or abutting a single-family residential district must be screened by a solid fence or wall not less than six feet in height, except in the front yard of the residential lot, where the fence or wall must be three feet in height.

d.

Parking structures. All sides of a parking structure abutting a public street must be screened by trees, vines or other decorative screening approved by the director.

2.

Mechanical Equipment on Rooftops. The following restrictions are required for the aesthetic quality of the CGMU District and to ensure the security of each building.

a.

Required. In all commercial and mixed-use zones, rooftop mechanical equipment, except solar collectors and rain gutters, must be screened on all sides by screening not less than the height of the equipment being screened.

b.

Secured. All rooftop mechanical equipment must be secured from unauthorized entry to the satisfaction of the building official.

c.

Materials. All rooftop mechanical equipment screening devices must be of a material requiring a low degree of maintenance. Wood may generally not be utilized unless it can be shown that proper maintenance will occur. All screening devices must be well integrated into the design of the building through such items as parapet walls continuous with the walls of the structure, false roofs, or equipment rooms. Louvered designs are acceptable if consistent with the building design style.

d.

Substitutions. Well-planned, compact, architecturally integrated rooftop equipment may be substituted for screening with the approval of the director.

E.

Review Process.

1.

Commercial Development. Nonresidential development projects, including uses classified as group living quarters (general care facilities, residential care facilities for the elderly, and skilled nursing facilities) are subject to the precise plan of design procedures in Chapter 17.58 for projects that include exterior alterations to parking areas, building exteriors, substantial grading or filling, construction of new structures, or addition of floor area to any existing structures.

2.

Residential and Residential Mixed-Use. Residential and residential mixed-use development projects that comply with the underlying zoning requirements and general plan requirements will be reviewed in one of the following ways:

a.

Projects that propose bonus level development in exchange for community amenities or benefits will be subject to the procedures set forth in Section 17.30.80 through 17.30.90 and Chapter 17.58.

b.

Projects that propose residential or residential mixed use, including projects seeking a density bonus under Chapter 17.76 are subject to the objective design standards and conformity review procedures in Section 17.30.070. Non-residential uses included in mixed-use development projects are subject to the procedures in Section17.30.020, Table 30-A, and subject to applicable parking requirements in Table 30-B and/or Chapter 17.40.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

17.30.050 - Solid waste and recycling service areas.

A.

Solid Waste and Recycling Service Area Siting. The following requirements are applicable to all properties within the CGMU.

1.

Solid waste and recycling collection areas and bins must be incorporated into parking areas inside buildings or enclosed by a screen wall of durable material. Planting must screen views from streets, pedestrian areas, and neighboring properties.

2.

Solid waste and recycling collection areas and bins must be located no more than thirty-five feet from the vehicle access point and the slope of the access path leading to the collection area may be no greater than five percent in the direction of travel and two percent in the cross slope.

3.

Any application for a new building must have all proposed solid waste/recycling storage capacity and collection locations reviewed and approved by the city's solid waste/recycling service provider.

B.

Services and Utilities. The following requirements are applicable to all properties within the CGMU.

1.

Where ground-level utilities and mechanical equipment is required to be in the front yard or between a building and the public right-of-way, at least three of the following measures must be provided:

a.

Group above-ground utilities and mechanical equipment.

b.

Orient equipment to be perpendicular to the sidewalk and not parallel, as to result in a slimmer profile from street view.

c.

Set equipment below grade with solid or grated coverings.

d.

Install walls, fences, or screens using design features, materials, and colors used in the main structure.

e.

Raise the existing grade around the equipment with a berm or earthwork.

f.

Provide U-shaped plantings of shrubs that grow at least as high as the equipment without preventing maintenance access.

g.

Design recesses in the building wall that provide space for equipment set back from the public right-ofway.

h.

Paint equipment black or dark green to reduce their visibility.

2.

Utility Meters. Located utility meters in service, loading, or screened areas. Exterior surface mounted utility boxes visible from the public right-of-way are prohibited. Utility meters must be painted to match the color of the building face to which they are attached.

3.

Location of Electrical Transformers and Generators. If undergrounding is not feasible, at least one of the following measures must be employed:

a.

Enclose equipment within the building.

b.

Place equipment behind the build and screen with walls, fences, or other screens that contain design features, materials, and colors related to the main structure. The height of the screening walls must at least be as tall as the mounted height of the transformer/generator.

c.

A solid enclosure with screening walls must be located adjacent to the building wall and be at least as tall as the mounted height of the transformer/generator and any associated ventilation equipment.

4.

Screening of Backflow Preventers. Backflow preventers (BFP) must be screened from view using one or more of the design approaches below:

a.

Consolidate all BFP components in a single location within ten feet of the side property line.

b.

Screen BFP with a hedge of English Boxwood, Coyote Brush, Morning Glory, Rockrose, Lavender, or other visually dense and water-wise species at least four feet tall and surrounding BFP on street-facing frontage and two other sides, while maintaining required access for maintenance.

c.

Install a wall, fence, or screen around three sides of BFP displaying materials, colors or design features used in the principal building.

d.

Paint all BFP components black or dark green.

C.

Stormwater Management. All building and site designs must provide stormwater treatment measures that meet the requirements of Chapter 8.38.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

The following uses are permitted as provided in Section 17.30.020, Table 30-A, subject to the following standards:

A.

Day nurseries, day care centers, nursery schools, preschools, childcare centers, and similar uses for daytime care and education of a limited number of persons.

1.

The hours of operation will be limited to the hours between 6:00 a.m. and 8:00 p.m.

B.

Emergency Shelters. Emergency shelters are permitted subject to the following standards:

1.

General Development Standards. The facility must conform to the property development standards of Section 17.30.040, Table 30-B and Table 30-C, with exceptions noted in the respective table of standards that do not apply to emergency shelters.

2.

Maximum Number of Persons/Beds. The facility may not contain more than fifteen beds or serve more than fifteen homeless persons at any one time. A minimum of fifty square feet of personal space must be

allocated to each client bed and private storage area, or as may be required by city building and fire code requirements.

3.

On-site Parking. One space for each two hundred square feet of area to be leased, but not less than a minimum of two spaces for each shelter.

4.

Client Intake Area. If the intake of clients occurs on-site, an enclosed or waiting area must be provided of sufficient size to avoid any outside queuing.

5.

Management Plan. The proposed emergency shelter provider must submit to the director a written management plan for approval that addresses the following:

a.

The separation of individual male and female sleeping areas, and the provision of family sleeping areas.

b.

Good neighbor issues, including specific measures to minimize resident congregation in the vicinity of the facility during any hours that residents are not allowed inside the facility. Specific goals and objectives are to be established to avoid the disruption of and interference with adjacent and nearby uses.

c.

The system of management for daily admittance and discharge procedures.

d.

All screening processes of potential residents for admittance eligibility, including procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities, other service agencies, or law enforcement.

e.

Any counseling programs that are to be provided with referrals to outside assistance agencies, and the provision of an annual report on a facility's activity to the city.

f.

Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift. A contact phone number for the person in charge when the shelter is operating must be provided at all times.

g.

Lighting, video cameras, fencing, and any other physical improvements and security intended to provide or enhance security for residents and staff.

h.

Transportation issues and the provision of any food services to residents only.

6.

Annual Report. The operator of the facility must provide the city with an annual report of the operation and use of the facility that demonstrates compliance with the requirements of this Code section.

7.

Proximity to Other Shelters. No more than one emergency shelter is permitted within a radius of three hundred feet from another emergency shelter.

C.

Indoor animal adoption and boarding. The following special development standards apply to businesses involving indoor animal adoption and boarding uses by right or requiring an administrative use permit under Section 17.30.020.B:

1.

Location. The site must not adjoin or abut a residential use district. (A use providing ground floor mixed-use commercial and residential is exempt from this requirement.)

2.

Size. Adoption and boarding areas must remain an accessory component of the established primary operation and may not exceed fifty percent of the gross floor area.

3.

Building Improvements.

a.

The facility must be improved with sound abatement measures to ensure compliance with Chapter 8.32 (Noise). Written documentation by a licensed acoustical engineer must be provided to demonstrate compliance with the city's noise regulations, subject to the approval of the director.

b.

Impervious flooring surfaces and floor drains must be incorporated in the areas dedicated for recreation or boarding of animals. Operations involving the care of cats are exempt from providing floor drains.

c.

Facilities must be temperature-controlled with a heating, ventilation, and air conditioning (HVAC) system meeting all current building codes.

d.

Facilities incorporating the handling, preparation, or sale of food or beverages must be designed in accordance with the applicable provisions of Title 8 (Health and Safety) of this Code.

4.

Operations.

a.

All business activities must be confined within an enclosed building.

b.

Operations and care of animals must be in compliance with the applicable provisions of Title 6 (Animals) of this Code.

c.

The number of animals will be limited to a minimum area of seventy-five square feet of floor area per animal.

d.

The operator must clean all recreational and boarding areas daily and properly dispose of associated animal waste.

D.

Outdoor animal daycare. The following special development standards apply to businesses involving outdoor animal daycare services requiring a Conditional Use Permit:

1.

Review Process. A conditional use permit (CUP) under Chapter 17.68 is required to allow public review and the opportunity to establish appropriate conditions of approval for the operation.

2.

Separation distance. Outdoor dog animal daycare uses must be at least 200 feet from the nearest property zoned or used for residential purposes. (A ground floor mixed-use commercial and residential use is exempt from this requirement.)

3.

Attendant Required. Staff must be in the outdoor area whenever animals are in the outdoor area.

4.

Limitation on the number of animals. The number of animals permitted in the outdoor area must be consistent with the standards set by the American Society for the Prevention of Cruelty to Animals (ASPCA) and must provide a minimum of seventy-five square feet of floor area per animal.

5.

Fencing. Opaque fencing is required to screen all outdoor areas from adjacent uses.

6.

Landscaping. Landscaping must be provided adjacent to the outdoor fencing to allow for planting.

7.

Hours of operation. Outdoor animal daycare hours of operation will be limited to between 7:00 a.m. and 7:00 p.m., Monday through Sunday.

8.

Daily cleaning. The operator must clean all outdoor areas daily and properly dispose of associated animal waste.

E.

Manufacture of products sold on-site. Artisanal and limited-production manufacture of goods is permitted where the impacts of the use (noise, light, odor, temperature, vibration, loading/unloading, storage, etc.) are compatible with the mixed-use setting of this district and do not interfere with the daily operation of adjacent residential and non-residential uses subject to the following standards:

1.

Manufacturing processes that result in vibrations, noise, or emissions inconsistent with residential habitation are prohibited within a residence. This includes, but is not limited to, cabinetry, upholstery, textile dying, welding, and metal fabrication. Such uses may be permitted in a live-work unit consistent with building code standards.

2.

The use is limited to accessory use in live-work/artist studio with residence/shopkeeper units, and basic sales and services uses.

3.

Manufacturing space may not exceed seventy percent of the gross square footage of the basic sales and services use.

All manufacturing and production of products, including storage of materials and completed products, must be conducted within an enclosed structure and may not be located closer than twenty feet to a residential-only use.

5.

When located adjacent to a residential use, provisions must be made to minimize noise, light, and odor impacts on the adjacent residential use. This may include a sound buffering acoustic wall and/or separation by a physical barrier.

6.

Use of outdoor generators is prohibited.

F.

General residential care facilities. General residential care facilities are subject to the following additional development standards:

1.

The total floor area of the facility must average at least four hundred square feet per resident, excluding parking.

2.

The facility may not contain more than twenty beds or serve more than 20 persons at any one time.

3.

Parking requirements are one space per bedroom and two spaces for every five bedrooms for guest and employee parking.

4.

No general residential care facility is allowed to be located within 1,000 feet of the boundaries of a parcel with another such facility.

G.

Single room occupancy (SRO) facilities. Single room occupancy (SRO) facilities are subject to the following additional development standards:

1.

Parcel Size. The maximum permitted parcel size for a SRO facility is one-half acre.

2.

Unit Size. The minimum size of a unit is two hundred fifty square feet and the maximum size of a unit is three hundred fifty square feet.

3.

Occupancy. Each unit must be designed to accommodate a maximum of two individuals.

4.

Common Area. Notwithstanding Section 17.37.040(C), a minimum of ten square feet for each unit or three hundred square feet, whichever is greater, must be provided for a common area. All common area must be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas may be considered common areas. Shared bathrooms and kitchens are not considered common areas.

5.

Bathroom Facilities. Each unit must provide a full bathroom consisting of a tub and shower combination or shower, sink, and a toilet. The bathroom must be separated from the main living space.

6.

Kitchen Facilities. Each unit must provide a kitchen area with a functioning cooking appliance, sink with garbage disposal, refrigerator, and dining table/counter area.

7.

Closet. Each unit must have a separate interior closet.

8.

Laundry Facilities. A shared washer and dryer appliance for residents must be provided on each residential floor.

9.

Management Plan. A management plan must be submitted for review and approval. The management plan must contain the following:

a.

Management policies and operations;

b.

Rental procedures and rates, including tenant screening and low-income residency requirement certification, minimum tenancy of thirty days, and rates affordable to persons of low income;

c.

Maintenance plans;

d.

Residency and guest rules and procedures, including clear standards for grievances, tenant behavior, and evictions;

e.

Security procedures and staffing needs including job descriptions;

f.

Provision for an on-site resident manager (available 24-hours a day) for any SRO facility with ten or more units. The manager may not occupy a SRO unit. A SRO facility with nine units or less must provide a management office on-site.

10.

Parking. Parking (which may be uncovered) must be provided at a ratio of 1.5 spaces per unit.

11.

Separation. A SRO facility may not be located within five hundred feet of any other SRO facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

H.

Senior independent living facilities, residential care facilities for the elderly, and skilled nursing facilities. Senior independent living facilities, residential care facilities for the elderly, and skilled nursing facilities are subject to the following provisions:

1.

Minimum Separation. No facility with a residential care for the elderly component or skilled nursing component may be located within one thousand five hundred feet of any other facility with either such component as measured from the nearest property line.

2.

Minimum Unit Size.

a.

For senior independent living facilities, the following minimum unit sizes are required:

i.

Studio units: Four hundred square feet.

ii.

One-bedroom units: Five hundred forty square feet.

iii.

Two-bedroom units: Seven hundred square feet.

b.

For residential care facilities for the elderly, minimum individual room size per licensed bed is four hundred square feet, or as required by applicable state law or building codes, whichever is greater. For skilled nursing and dementia/memory care facilities, minimum room size per licensed bed is three hundred square feet or as required by applicable state law or building codes, whichever is greater.

3.

Open Space. A minimum of two hundred square feet per unit (for senior independent living units) or per bed (for residential care facilities for the elderly and skilled nursing facilities) must be provided as open space, which may be provided as private patios/balconies or common areas. At least one common usable outdoor open space area must be provided. Up to fifty percent of the open space requirement may be provided as indoor common recreational and social areas. Dining rooms may satisfy a portion of the open space requirement only if they are available for use by residents at all times.

4.

Parking. Off-street parking, including guest and employee parking, must be provided at the following rate:

a.

Senior Independent Living Units. As required by Section 17.37.040(F) for senior housing.

b.

Residential Care Facilities for the Elderly (excluding memory care/dementia beds). One space per two licensed beds plus one space per two employees on the largest shift.

c.

Skilled Nursing Facilities and Memory Care/Dementia beds. One space per two employees on the largest shift.

The operator must provide a parking management plan demonstrating how peak period demand (e.g., Mother's Day) will be accommodated, which may include shared parking agreements with neighboring properties. In addition, a plan for shuttle transportation to local shopping services for residents of assisted living facilities may be required as determined during project review.

5.

Deviations from these standards for unit size, open space and parking may be approved through the conditional use permit process based on a site-specific analysis. Any other deviation from applicable development standards will require approval of a variance pursuant to Chapter 17.66 of this Code.

When a senior project includes more than one type of facility on the same campus, each component of the project must conform to the development standards applicable to that type of facility.

I.

Vending Machines.

1.

Vending machines are permitted as an accessory use to existing retail sales on a site. Such machines may not obstruct pedestrian access and may not be located within any required parking or landscape area.

J.

Low-Barrier Navigation Centers.

1.

For the purposes of this chapter, a "low-barrier navigation center" has the meaning set forth in Government Code section 65660. Within 30 days of receipt of an application for a low-barrier navigation center development, the department will notify the applicant whether the application is complete pursuant to Government Code section 65943. Within 60 days of receipt of a completed application for a low-barrier navigation center, the director will act upon the application.

2.

Performance Standards.

A low-barrier navigation center must comply with the following standards:

a.

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

b.

Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as amended, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

K.

Supportive Housing.

1.

Definitions. For the purposes of this chapter, the following definitions will apply:

a.

"Supportive housing" has the same meaning as defined in Health and Safety Code section 50675.14.

b

"Supportive services" has the same meaning as defined in Government Code section 65582.

c.

"Target population" the same has meaning as defined in Health and Safety Code section 50675.14.

2.

Supportive housing project must meet criteria in subsection (K)(2). Within thirty days of receipt of an application for a supportive housing project, the department will notify the applicant whether the application is complete pursuant to Government Code section 65943. Within sixty days of receipt of a completed application for a supportive housing project, the director will act upon the application.

3.

Criteria for approval of a supportive housing project. A supportive housing project must meet all of the following criteria:

a.

The project may not exceed fifty units.

b.

The units will be subject to a recorded affordability restriction for at least fifty-five years.

c.

One hundred percent of the units, excluding managers' units, are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income households.

d.

At least twenty-five percent of the units or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, must be restricted to residents in supportive housing.

e.

The applicant provides the department with all of the information required by Government Code section 65652.

f.

Nonresidential floor area must be used for onsite supportive services in the following amounts:

i.

For a development with twenty or fewer total units, at least ninety square feet must be provided for onsite supportive services.

ii.

For a development with more than twenty units, at least three percent of the total nonresidential floor area must be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

g.

The applicant agrees to a condition requiring the replacement of any units in the manner provided in Government Code section 65915(c)(3).

h.

The units, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

i.

The applicant must provide a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code section 65651, and describing those services, which plan must include all of the following:

i.

The name of the proposed entity or entities that will provide supportive services.

ii.

The proposed funding source or sources for the provided onsite supportive services.

iii.

Proposed staffing levels.

iv.

No minimum parking requirements will be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

17.30.070 - Objective design standards and conformity review.

A.

Applicability.

1.

Construction of all new residential and residential mixed-use buildings, as permitted by Section 17.30.020, additions of full or partial floors or additional building height to existing buildings, must conform to the objective design standards (ODS) adopted by the city council. The intent of the ODS is to limit personal or subjective judgment by the department staff. The ODS provide guidance for site design, building design, context sensitivity, and landscaping.

B.

Review Process.

1.

Not less than one hundred eighty days prior to the submittal of any building permit for construction subject to the ODS, the applicant must request conformity review from the department to ensure that the project for which the permit is sought is in conformance with the ODS.

2.

Upon review of the conformity review submittal, the director will determine if the project conforms to the ODS. Within forty-five calendar days of the submittal, the director will provide the applicant with written findings and recommendations. The applicant must consider any recommendations made by the department and must resubmit the project for re-review, if necessary. Within thirty calendar days of the resubmittal, the director will provide the applicant with the written findings and recommendations. All subsequent re-reviews of the submittal will be allotted the same 30-day review.

3.

Should the applicant fail to address the recommendations of the department, the director will not approve the release of any building permit to construct the project. Should the applicant disagree with the recommendations of the department, the applicant may appeal the specific recommendations with which the applicant disagrees to the city council, which will consider the appeal within thirty calendar days. No special public notice to adjacent property owners of the appeal is required.

4.

The conformity review process outlined in this section will be a review of the application of the ODS only and will not include review by other city departments, which review will instead be conducted at the time of building permit submittal.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

A.

An applicant for a development project in the CGMU District may seek (1) an increase in the maximum coverage ratio, building height, or number of residential units under Section 17.30.050, or (2) a decrease in any other applicable development standards under Section 17.30.050, by providing community amenities or benefits consistent with Section 17.30.090.

B.

To qualify for bonus level development, a community amenity or benefit must be significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and environmental review mitigation measures.

C.

All applications for bonus level development will be processed as part of an application for a development agreement pursuant to Chapter 17.82 (Development Agreements) of this Code.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

17.30.090 - Community amenities or benefits required for bonus level development.

A.

General Purpose and Intent. Bonus level development allows a project to develop at a greater level of intensity through an increased area coverage ratio, increased building height, or increased number of residential units in addition to, or as an alternative to, what may be provided under Chapter 17.76 (Density Bonus) of this Code, or by a reduction in certain development standards. There is a reasonable relationship between the increased intensity of development and the increased effects on the surrounding community. The required community amenities or benefits are intended to address identified community needs that result from the effect of the increased development intensity on the surrounding community. To be eligible for bonus level development, an applicant must provide one or more community amenities or benefits. Construction of the applicable amenity or benefit is preferable to the payment of a fee.

B.

Amenities/Benefits.

The city council has adopted by resolution the identified community amenities or benefits that may be provided in exchange for bonus level development. The identified community amenities or benefits may be updated from time to time by city council resolution and an applicant may suggest alternative amenities or benefits as provided in subsection (E)(3) of this section.

2.

All community amenities or benefits, except for affordable housing, must be provided within the C-G district. Affordable housing may be located anywhere housing is allowed in the city. In addition, unless otherwise agreed to by the city council, all affordable housing must meet, at minimum, the terms and conditions applicable to affordable housing provided as part of a density bonus under Chapter 17.76 of this Code regardless of whether a separate density bonus is provided under that chapter.

C.

Application. An application for bonus level development is voluntary and must be made as part of an application for a development agreement pursuant to Chapter 17.82 of this Code. An applicant requesting bonus level development must provide the city with a written proposal, which includes, but is not limited to, the specific amount of bonus development sought, the value of the additional gross floor area and/or

additional residential units resulting from the bonus level development, and adequate information identifying the value of the proposed community amenities or benefits, each as calculated pursuant to subsection (D) of this section.

D.

Value of Bonus Level Development and Value of Amenities or Benefits. The value of the community amenities or benefits to be provided should equal at least twenty-five percent of the fair market value of the additional gross floor area and/or additional residential units resulting from the bonus level development ("bonus development value"), although the city council has discretion to agree to raise or lower this target bonus development value based on the unique circumstances of each proposed project. The value will initially be calculated as follows: The applicant must provide, at its expense, an appraisal performed within ninety days of the application date by a licensed appraisal firm that: (1) establishes a fair market value in cash of the gross floor area and/or additional residential units resulting from the bonus level development, and (2) establishes a fair market value or estimated costs of constructing or providing the proposed community amenities or benefits. The form and content of the appraisal, including any appraisal instructions, must be approved by the community development director.

E.

Form of Amenity or Benefit. A community amenity or benefit must be provided utilizing any combination of the following mechanisms:

1.

Include the community amenity or benefit as part of the project. The community amenity or benefit designed and constructed as part of the project may be from the list of approved community amenities or benefits adopted by city council resolution. Once any of the single community amenities or benefits on the list adopted by city council resolution has been fully provided, with the exception of affordable housing, it

will no longer be an option available to other applicants. Prior to approval of final inspection for the building permit for any portion of the project, the applicant must complete (or bond for) the construction and installation of the community amenities or benefits included in the project and must provide documentation sufficient forthe community development director to certify compliance with this section.

2.

In-lieu payment.

a.

An applicant for bonus development may elect to pay the bonus development value determined pursuant to subsection (D) of this section as an in-lieu payment. An in-lieu payment may also be made in combination with the provision of a community amenity or benefit as a part of the project, as long as the inlieu payment portion plus the value of the community amenity or benefit provided results in the cumulative amount of the bonus development value calculated or agreed upon by the city council pursuant to subsection (D) of this section.

b.

An applicant who elects to make an in-lieu payment for all or a portion of the bonus development value, must also provide an additional payment of at least ten percent of the in-lieu payment amount to cover the city's costs associated with administering the in-lieu payment and causing the construction and implementation of the community amenity or benefit to be developed with such funds.

c.

The applicant must provide documentation sufficient for the community development director to certify compliance with this section.

d.

In-lieu payments must be made prior to building permit issuance for the project.

e.

The city will place all in-lieu payments in a restricted community amenities/benefits fund to be used to implement community amenities or benefits identified in the list adopted by city council resolution or as approved under a development agreement.

3.

As part of the development agreement. An applicant may implement community amenities or benefits that are not on the list of community amenities adopted by city council resolution or due to special circumstances may not satisfy the target bonus development value calculated pursuant to subsection (D) of this section through the requisite development agreement that must be approved pursuant to Chapter 17.82 (Development Agreements) of this Code.

F.

Preliminary Review of Community Amenities or Benefits. An applicant's proposal for community amenities or benefits will be subject to a preliminary review by the city council at a noticed public hearing prior to consideration by the planning commission or city council of the development agreement and applicable conditional development permit or approval so that such amenities or benefits may be included in the project description for purposes of environmental review under the California Environmental Quality Act (CEQA). Such preliminary review of the proposed community amenities or benefits is solely for the purposes of determining whether the project qualifies for bonus level development, and if so, establishing a stable project description for analysis of the entire project as required under CEQA. Such preliminary determination will not create a binding commitment on the part of the city with respect to approval of the proposed project, including the bonus level development and associated development agreement.

G.

Enhanced Notice of Bonus Level Development. To provide enhanced transparency regarding the proposed application of bonus level development, the following notice procedures will apply:

1.

All required public notices for the project must include a notice in bold and all caps substantially similar to the following: THE PROPOSED PROJECT INCLUDES BONUS LEVEL DEVELOPMENT CONSISTING OF: [DESCRIBE INCREASE OR REDUCTION IN APPLICABLE DEVELOPMENT STANDARDS]. IN EXCHANGE FOR THIS BONUS LEVEL DEVELOPMENT, THE APPLICANT IS PROPOSING TO PROVIDE: [DESCRIBE IMPLEMENTATION OF FORM OF AMENITY OR BENEFIT].

2.

All agenda reports for the project must include a separate section summarizing the terms of the proposed bonus level development.

(Ord. No. 749, § 3A(Exh. A-1), 7-9-2024)

Chapter 17.36 - H DISTRICT

A.

The H district is intended as a district to permit the keeping of horses in preservation of one of the primary recreational activities of the city, to wit, the stabling and riding of horses for personal recreational pleasure of its residents.

B.

Whenever it is placed on the official zoning district map, the designation H shall be indicated after the zoning district of the area over which it is placed, and the regulations of the H district shall apply in addition to the regulations of the principal zoning district of the area to which it is applied. Whenever a use is permitted in the H district, the use shall be permitted in addition to the uses otherwise allowed in the district over which it is placed.

(Prior code § 1868)

Premises in the H District may be used for the keeping and maintenance of horses subject to the following conditions:

A.

No more than four horses may be kept on a lot or parcel located within the H District. Foals under one year of age shall not be counted in the maximum number of horses permitted. Miniature horses, less than thirtyeight inches in height shall be counted as one-half of a horse in the maximum number of horses permitted.

B.

The horses shall be maintained in a fenced corral area containing at least eight hundred square feet for the first horse, and for each additional horse beyond one, an additional three hundred square feet or corral area shall be provided. The minimum required corral area(s) may also include covered shelter, including a barn. The corral and any stable which is provided must be no closer than thirty-five feet from any dwelling and no closer than ten feet to a swimming pool. In addition, when the adjacent lot or parcel is unimproved, the stable must be no closer than twenty-five feet from the common boundary line with such unimproved lot or parcel.

C.

The keeping of stallions on property in the H District is subject to the following additional requirements:

1.

Any stallion kept on a property in the H District shall be located within a secure enclosure that is at least five feet in height, and kept at a minimum distance of ten feet from any adjacent off-site horse-keeping area(s). An example of a secure enclosure would be one constructed with wood using four-inch by fourinch pressure-treated or redwood posts, anchored twenty-four inches in cement, eight feet on center, with two-inch by six-inch wood rails set two feet apart. Other types of sturdy fencing may include five diamond V mesh wire, coated wire or metal pipes. Electrically charged wires "hot wire" may also be used, but only to supplement a fenced enclosure and shall meet underwriter's standards for electric fences.

2.

No person shall permit or allow a stallion to be turned out or run at large, including but not limited to, in open range areas or public riding rings.

(Ord. 629 § 15, 2005; prior code § 1869)

(Ord. No. 682, § 1, 10-11-2011)

17.36.030 - Horses in excess of permitted number authorized when.

A.

The planning commission, when by action taken at a public hearing, may permit a larger number of horses to be kept on a lot or parcel than the number allowed under the provisions of this title by the issuance of a special use permit. Rights granted under such special use permit shall not be transferrable from property owner to property owner upon sale of a property. The owner of a lot or parcel requesting such permission shall file a written application with the city, setting forth the reasons for his/her request, accompanied by a plot plan of his/her lot or parcel showing his/her residence, adjoining residences and the owner's stable and corral area, and any additional pertinent information. Lots over one acre in size shall be given preference for the issuance of a special use permit to exceed the maximum number of permitted horses.

B.

Upon filing an application with the city, the owner shall be notified of the time and date of the public hearing to be held by the commission on the application. The city shall give notice of the time and place of the public hearing by mail to all property owners within a radius of five hundred feet of the external boundaries of the owner's property by using the last known addresses of the surrounding owners as shown on the tax roll of the county of Los Angeles. All notices shall contain a brief description of the applicant's request and the applicant shall furnish the appropriate application materials. Such notice shall also be posted within three hundred feet of the subject property as well as published, at least one time, in the local newspaper. All required notification shall be carried out at least ten days prior to the date of the public hearing.

C.

The commission, in granting permission to an owner to keep a larger number of horses on his/her lot or parcel, may establish conditions under which such permission shall terminate, together with such other reasonable conditions, restrictions and limitations as shall insure carrying out the intent and purpose of this title.

D.

The decision of the commission shall be final, unless an appeal therefrom is taken to the city council, as provided for in this section. Such decision shall not become effective for twenty days from the date that the written decision has been made and notice thereof mailed to the applicant by registered mail, during which time written appeal therefrom may be taken to the city council by the applicant or any other person aggrieved by such decision. The city council may, upon its own motion, cause any commission decision to be appealed.

E.

The filing of an appeal stays proceedings in the matter appealed from until the determination of the appeal. On the appeal, the city council shall review the decision of the commission, hear new evidence and testimony, if offered, and in deciding the appeal, may either affirm, reverse or modify the decision of the commission.

(Prior code § 1870)

(Ord. No. 682, § 1, 10-11-2011)

A.

No permits shall be issued by the city's building official which would in any way allow building, construction, addition, alteration or modification on real property designated as H such that it would interfere, preclude or otherwise eliminate the implementation of the standards of the H district related to the establishment of horse keeping facilities, whether or not such facilities exist at the time a permit is requested. If the owner of real property designated as H finds that he/she will suffer unique hardship due to the implementation of the requirements of this section, because of the size, location, topography, shape or other special characteristics of the property, the owner can request a variance pursuant to Chapter 17.66 of this code. For purposes of future development, a property that is currently improved with improvements that are legally permitted, however, not able to provide the necessary horse-keeping area, the property owner shall not be required to comply with the above-stated horse lot preservation requirements, until which time the property is proposed to be improved involving one or more of the following: A home, including the primary garage is being expanded by more than fifty percent of its existing floor area, and/or a home's lineal walls, including the primary garage, are being demolished by more than fifty percent, all within a ten-year time period.

B.

Any future designated horse keeping area shall be shown on a site plan submitted to the city for any remodeling/construction purposes and shall be labeled as "future horse keeping area" with a thirty-five-foot radius labeled in all directions such that the designated area provides the minimum required setback of thirty-five feet from a dwelling on or off-site. Further, the minimum area for horse lot preservation is eight hundred square feet, the minimum area required for the keeping of one horse. Such required eight hundred square feet area shall be usable and not located on a slope steeper than twenty-five percent (where future grading may be required to reduce slope steepness). No dimension of the required horse keeping area shall be less than twelve feet. The future designated horse keeping area may be landscaped; however, no permanent structures shall be located in this area. Lastly, there shall be a minimum setback of ten feet from the required horse keeping area to a swimming pool.

(Prior code § 1870.1)

(Ord. No. 682, § 1, 10-11-2011)

The rental of horse stalls is permitted provided the subject lot is in full compliance with all requirements of this code, including, but not limited to, the maximum number of horses, minimum corral area, health and safety laws, property maintenance standards, and the prohibitions against vehicles driving on bridle trails. Horse stall rentals shall not be deemed a home occupation as defined in Chapter 17.48 of this code. No portable toilets shall be located on a private property to serve any horse-related facilities.

(Prior code § 1870.2)

(Ord. No. 682, § 1, 10-11-2011)

Chapter 17.38 - LANDMARK OVERLAY ZONES

It is found that structures, sites and areas of special character or special historical, architectural, archaeological or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and disuse of such structures, sites and areas. The purpose of this chapter is to promote the health, safety and general welfare of the public through:

A.

The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past or are landmarks in history or architecture, or which are unique and irreplaceable assets to the city and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

B.

The development and maintenance of appropriate settings and environment for such structures;

C.

The enhancement of property values and the stabilization of neighborhoods and areas of the city;

D.

The enrichment of human life in its educational and cultural dimensions by serving aesthetic needs and fostering knowledge of the living heritage of the past.

(Prior code § 1930)

17.38.020 - Powers and duties of planning commission.

In connection with Section 17.38.010, the planning commission:

A.

May recommend to the city council, after public hearing, landmark overlay designation of structures, sites and areas as provided in Section 17.38.050;

B.

Shall hear and determine permit applications for construction, alteration, demolition and remedial work on structures, sites and areas designated landmark overlay;

C.

Must approve any proposed work not requiring a city permit, on a structure, site or area within designated landmark overlay. Examples of the work referred to are painting and repainting of exterior surfaces, roofing,

fencing, signing, landscaping, glazing and installation of lighting fixtures. Approval by the planning commission shall be guided by the purposes and standards specified in Section 17.38.010.

(Prior code § 1931)

There is created a landmark overlay district. The city council may, by ordinance, establish a landmark overlay designation to one or more individual structures or areas on one or more lots or sites having a special character or special historical, archaeological, architectural or aesthetic interest of value, and place same within the district. The landmark overlay designation need not encompass an entire parcel of real property, and its regulations shall apply in addition to the regulations of the principal zone of the area to which it is applied.

(Prior code § 1932)

17.38.040 - Designation—Criteria.

One or more of the following criteria must be met in order to establish a landmark overlay designation to one or more individual structures or areas in one or more lots or sites:

A.

Structures, sites or areas particularly representative of a distinct style, region or way of life;

B.

Structures, sites or areas connected with a business or use which was once common but now rare;

C.

Buildings and/or associated structures of greater age than surrounding structures;

D.

Buildings and/or associated structures containing original materials or workmanship which are valued in themselves;

One or more of the following criteria may be considered in measuring the appropriateness of a potential landmark overlay designation:

E.

Buildings and/or associated structures which are preserved or capable of being restored to their former condition;

F.

Buildings and/or associated structures particularly well related to their site or area;

G.

Buildings and/or associated structures expressing their function well;

H.

Structures, sites or areas visible or accessible to the public;

I.

Buildings and/or associated structures existing in appropriate settings (trees, walls, yard, etc.);

J.

Structures, sites or areas surrounded by land use significant for preservation of the structure, site or area.

(Prior code § 1937)

17.38.050 - Designation—Initiation of proceedings.

Initiation of designation proceedings shall be by resolution of the city council or planning commission or by application of the property owner.

(Prior code § 1933)

17.38.060 - Designation—Planning commission hearing.

The planning commission shall hold a public hearing on a proposal with notice given as provided for in Section 17.72.080 relating to change of zone.

A.

The planning commission shall approve, approve with modifications, or disapprove a proposal within one hundred twenty days after the initiation of designation proceedings.

B.

The planning commission shall promptly notify the applicant of action taken. If the planning commission approves the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval to the city council. If it disapproves, any person aggrieved or any member of the city council may appeal to the city council.

(Prior code § 1934)

17.38.070 - Designation—City council hearing.

The city council shall hold a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and a manner provided for the giving of notice of the hearing by the planning commission.

(Prior code § 1935)

17.38.080 - Designation—Notice.

When a landmark overlay structure, site or area has been designated by the city council, the city clerk shall promptly notify the owners of the property included therein. The city clerk shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the county recorder.

(Prior code § 1936)

No person shall do any work listed below without first obtaining a permit from the planning commission.

A.

Exterior alteration to a structure, site or area designated landmark overlay;

B.

Interior alterations that would affect the exterior of a structure designated landmark overlay;

C.

Construction of any type on a landmark overlay structure, site or area unless excepted by the designation ordinance, or of a type which does not affect the exterior appearance of the structure, site or area.

(Prior code § 1938)

The planning department shall maintain a current record of established landmark overlay structures, sites and areas. Applications for permits to do work for which a permit is required by Section 17.38.190 shall be submitted to the planning department for processing. Applications shall include plans and specifications showing the proposed exterior appearance, color and texture of materials, the proposed architectural design of the exterior of the structure, and such other information sufficient for review by the planning commission as may be requested.

(Prior code § 1939)

A.

The planning commission shall hold a public meeting on application permit requests to construct or alter designated structures, sites or areas. Public notice need not be given.

B.

The planning commission shall hold a public hearing on application permit requests to demolish designated structures, sites or areas. Notice of public hearing shall be given as required in Chapter 17.66 of this code.

(Prior code § 1940)

A.

To ensure sufficient time to preserve a designated structure, site or area from demolition or impairment, the planning commission may suspend action on an application to permit construction, alteration, demolition or removal for a period not to exceed one hundred eighty days.

B.

The city council may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty days, if the resolution is adopted not more than ninety days and not less than thirty days prior to the expiration of the original one hundred eighty day period. During the suspension period, the planning commission may consult with state and regional preservation agencies, civic groups and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features and take any other reasonable measures to preserve and protect the designated structures, sites or areas.

C.

In no event may construction, alteration, demolition or removal work for which a permit is required be delayed on a designated landmark overlay site, structure or area longer than one year after application therefor is first made, without consent of the property owner.

(Prior code § 1941)

In evaluating applications, the planning commission shall consider the architectural design, arrangement, texture, materials and color, and any other pertinent factors. Applications shall not be granted unless the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark nor adversely affect the character or historical, architectural, archaeological or aesthetic interest or value of the designated structure, site or area. Applications shall not be granted for work which violates standards included in the designating ordinance.

(Prior code § 1942)

17.38.140 - Permit—Application—Applicability of provisions.

A.

No application for a permit to construct, alter, demolish or remove any structure or associated feature on a proposed landmark overlay site or area filed subsequent to the date of initiation of proceedings to designate the structure, site or area shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty days after initiation of designation proceedings, the permit application may be approved, or the city council may extend the suspension for an additional period not to exceed one hundred eighty days.

B.

The provisions of this chapter shall be inapplicable to the construction, alteration, demolition or removal of any structure or associated feature on a landmark site or area where a permit for the performance of such work was issued prior to initiation of proceedings for landmark overlay designation and where such permit has not expired or been canceled or revoked; provided, that construction is started and diligently prosecuted to completion in accordance with the building code.

(Prior code § 1943)

None of the provisions of this title shall prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any building and/or associated structure, or part thereof. Such condition shall be declared unsafe or dangerous by the building official or the fire chief and where the proposed measures have been declared necessary by such official, they shall be permitted. However, only such work as is absolutely necessary to correct the unsafe or dangerous condition may be done with due regard for preservation of the appearance of the structure involved. In the event any building and/or associated structure shall be damaged by fire, or other calamity or by act of God to such an extent that it is found by the aforesaid officials that it cannot be reasonably repaired and restored, and this finding is concurred by the city council, then it may be removed in conformity with normal permit procedures and applicable laws.

(Prior code § 1944)

The owner, lessee, and any other person in actual charge or possession of a landmark shall keep in good repair all of the exterior portions of such landmark, all of the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion.

(Prior code § 1945)

There shall be no filing fee for any application, or to commence any proceedings, under this chapter.

(Prior code § 1946)

As specified in Section 17.72.090, it shall be the duty of the planning commission to administer and enforce the provisions of this chapter.

(Prior code § 1947)

In addition to the regulations of this chapter, the other provisions of the zoning ordinance and Municipal Code governing the approval or disapproval of applications for building permits or other permits or licenses

affecting the use of land and buildings, the building official shall have the authority to issue a citation or implement the enforcement thereof by serving notice requiring the removal of any violation of this chapter on the owner, agent, tenant or occupant of the structure, site or area or upon the architect, builder, contractor or other person who commits or assists in any such violation.

(Prior code § 1948)

(Ord. No. 652, § 4, 10-27-2009)

Chapter 17.39 - PERSONAL WIRELESS SERVICE FACILITIES

The purpose of this chapter is to establish guidelines and standards for the operations and placement of personal wireless service facilities throughout the city and to protect the public against any adverse impacts on the city's aesthetic resources and the public welfare.

This chapter is established in accordance with the federal government's Telecommunication Act of 1996 (Section 704), which preserves local government's zoning authority with the following provisions:

(A) GENERAL AUTHORITY.—Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.

(B) LIMITATIONS.—

(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof—

(I) shall not unreasonably discriminate among providers of functionally equivalent services; and

(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.

(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request.

(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.

(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions.

(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or

failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief.

(Ord. 587 § 1 (part), 1997)

17.39.020 - Definitions.

For the purpose of this chapter, the following words or phrases shall be defined as follows:

"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves.

"Antenna array" means a group of antenna elements on the same geometric plane.

"Antenna, commercial" means an antenna in any zoning district used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation or means of livelihood, whether or not carried on for gain or profit, including, but not limited to public utilities, personal wireless service communications, or privately owned or publicly supported AM or FM radio stations not otherwise exempt from the provisions of the zoning ordinance, cable television operations or television broadcast stations, but excluding FCC licensed amateur radio stations and standard receive only television and satellite dish antennas.

"Antenna element" means individual components of an individual antenna.

"Antenna height" means the distance from the grade of the property at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and its associated support structure when fully extended.

"Antenna, microwave relay parabolic" means a transmitting and receiving antenna, typically parabolic, disc, or double convex shaped with an active element external to the disc, that communicates by line of sight with another similar antenna or a geosynchronous orbiting satellite.

"Antenna, noncommercial" means an antenna not used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation or means of livelihood, including, but not limited to, FCC licensed amateur radio stations and standard television-receive-only parabolic antennas.

"Antenna, nonparabolic" means an individual array or group of arrays used to transmit and/or receive electromagnetic signals, including, but not limited to, radio waves related to amateur radio stations licensed by the FCC and microwaves related to personal wireless service facilities.

"Antenna, parabolic" means a parabolic, semi-parabolic, disc, convex or double-convex shaped accessory structure, including, but not limited to, a main dish and covering, feedhorn, receiving element, structural supports and all other components thereof, which transmits and/or receives television signals or electromagnetic waves by line of sight with another similar antenna or geosynchronous or orbiting satellite.

"Antenna, roof-top parabolic" means a parabolic antenna which extends above the roofline of a building and is affixed through the use of an approved framework or other structural system to one or more

structural members of a building or to the roof of a building.

"Antenna, satellite uplink" means a commercial parabolic antenna which receives and transmits electromagnetic waves by line of sight with geosynchronous orbiting satellites.

"Antenna structure" means an antenna array and its associated support structure, such as a mast or tower, but not to include a suspended simple wire antenna that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.

"Antenna structure, freestanding" means an antenna structure that is not attached to a building, fence, or other such structure.

"Antenna structure, lattice" means freestanding or guyed (wire ground connections) steel structure frame.

"Antenna structure, monopole" means a tubular antenna structure made of metal, reinforced concrete, or wood.

"Antenna, TVRO" means a television-receive-only nonparabolic antenna; a standard roof-mounted antenna array and its associated support structure that is used solely to receive broadcast television signals.

"Antenna, vertical whip" means a pole or single element vertical antenna usually no more than three inches in diameter and its associated support structure.

"Base station" (base transceiver station, BTS) means a fixed station at a specified site authorized to communicate with mobile stations. Base stations are usually housed in metal cabinets or small structures within close proximity to the antenna structure on the same site.

California State Public Utilities Commission (CPUC). The CPUC regulates those telecommunications which are also considered public utilities.

"Co-location" means the practice of locating wireless telecommunications equipment for more than one provider on a single site or on a single antenna support structure.

Commercial Mobile Radio Service (CMRS). The regulatory classification that the FCC uses to govern all commercial wireless service providers including personal communications services, cellular and enhanced specialized mobile radio.

"Electromagnetic fields (EMFs)" means the local electric and magnetic fields that envelop the surrounding space. (See non-ionizing electromagnetic radiation.)

"Enhanced specialized mobile radio (ESMR)" means a PCS that offers two-way voice and data communications through hand-held and car-mounted phones and through wireless modems incorporated into devices such as portable computers and electronic notebooks.

"Extremely low frequency radiation (ELF)" means energy transmitted from electric power such as overhead powerlines, electrical wiring, and electrical appliances. ELF is a component of electromagnetic fields (EMFs). (See electromagnetic fields.)

Federal Aviation Administration (FAA). The FAA also has a limited role in the regulation of telecommunications tower sites. Their review focuses on the height and location of towers to prevent interference with aircraft operations.

"Federal Communications Commission (FCC)" means the federal government agency that licenses most radio services. FCC regulations supersede some of the authority of local jurisdictions to regulate telecommunications facilities. The FCC has primary regulatory control over telecommunications facilities through its powers to control interstate commerce and specifically through the Federal Communications Act, which established the FCC to provide a comprehensive national system to regulate radio frequency transmissions and related facilities.

Non-Ionizing Electromagnetic Radiation (NIER). Non-ionizing radiation is a form of electromagnetic radiation. It includes ordinary light which one can see, and infrared radiation, which is sensed as heat.

"Personal communications services (PCS)" means and refers to digital wireless, personal two-way communications systems. A broad range of telecommunications services that enable people and devices to communicate independent of location. PCS networks and devices operate over a wide range of frequencies assigned and authorized by the FCC.

"Personal wireless service facilities" means facilities for the provision of personal wireless services. Also see "telecommunications facilities."

"Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

"Radiofrequency radiation (RFR)" means one of several types of electromagnetic radiation consisting of waves of electric and magnetic energy moving together through space. These waves are generated by the movement of electrical charges.

"Screening" means the effect of locating an antenna behind a building, wall, fence, landscaping, berm, and/or other specially designed device so that view of the antenna from adjoining and nearby public street rights-of-way and private properties is precluded or minimized.

"Shadowing effect (shadow)" means area in which a radio signal transmitted from a particular location is received poorly or not at all due to natural or man-made obstructions.

"Specialized mobile radio (SMR)" means a private business service using mobile radiotelephone and base stations communicating via the public phone network.

"Telecommunications facilities" means communications towers, antennas and the necessary appurtenances; a land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they all are situated.

"Unlicensed wireless service" means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but not the provision of direct-to-home satellite services.

(Ord. 587 § 1 (part), 1997)

Prior to the installation of a personal wireless service facility, the owner or occupant, with written permission from the owner of the lot, premises, parcel of land, or building on which a personal wireless service facility is to be installed, shall first obtain city approval, which requires either a conditional use permit (CUP) from the city (in accordance with Chapter 17.68) or an administrative approval by the planning director.

A.

Conditional use permit process requires the following to be submitted to the planning department:

1.

Completed planning service request application including:

a.

Name, address, and telephone number of the applicant(s) and the owner of the lot, premises, parcel of land, or building,

b.

Five-hundred-foot radius map from the boundaries of the parcel of land and a list of corresponding property owners' addresses,

c.

CUP filing fee as established by resolution of the city council. Such fee is collected at the time the completed application is submitted to the city for review;

2.

A plot plan of the lot, premises or parcel of land, showing the exact location of the proposed personal wireless service facility (including all related equipment and cables), exact location, and dimensions of all buildings, parking lots, walkways, solid waste enclosures, etc., and property lines;

3.

Building elevations and roof plan (for building and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides;

4.

Proposed landscaping and/or nonvegetative screening (including required safety fencing) plan for all aspects of the personal wireless service facility;

5.

Manufacturer's specifications, including installation specifications, exact location of wiring, materials, color, and any support devices that may be required;

6.

A silhouette or mock-up of the proposed personal wireless service facility including all proposed antenna structures, antennas, and related accessory equipment constructed at least fourteen days prior to the planning commission hearing to assess aesthetic impacts to surrounding land uses and public rights-ofway;

7.

A certified noninterference statement from a licensed engineer stating that the personal wireless service facility will not interfere with the usual and customary transmission or reception of radio, television, etc., services of adjacent land uses;

8.

Certified documentation by a licensed engineer demonstrating that any proposed personal wireless service facility will comply with the most current allowable radiation standards as allowed by the FCC for nonionizing electromagnetic radiation (NIER) and electromagnetic fields (EMF). In the event that certified documentation cannot be submitted, the city may hire a consultant to evaluate the potential NIER or EMF of the proposed facility. The fee charged by the consultant shall be paid by the applicant. In the event only a preliminary statement is submitted with the application, a final certified statement shall be provided to the city within thirty days after the installation of the personal wireless service facility;

9.

Any other information as deemed necessary in order to grant a conditional use permit may be requested by the city, given the particular circumstances of a request for the installation of a personal wireless service facility;

10.

A building permit issued from the city's building department for any personal wireless service facility approved by the city;

11.

Any conditional use permit application for a personal wireless service facility denied or approved by the planning commission may be appealed to the city council under Chapter 17.68 of this code.

B.

Administrative Approval Process.

1.

Administrative approvals shall be considered on a case-by-case basis and shall only apply to the following types of personal wireless service facilities:

a.

Concealed facilities such as in the case of an indoor facility within an existing structure or a roof-mounted facility located on or behind a parapet wall, a mechanical room or similar structure, such that the facility does not exceed the top of the parapet wall, mechanical room or other similar structure, and is not highly visible from surrounding land uses, as determined by the planning director. Building facade-mounted and/or architecturally integrated facilities shall also be considered for an administrative approval if the facility would not be readily visible from surrounding land uses, as determined by the planning director. Related accessory cabinets and cabling shall also be concealed to the satisfaction of the planning director;

b.

Any request for an administrative approval shall demonstrate compliance with all applicable design guidelines and standards (Sections 17.39.040 and 17.39.050) respectively, as set forth in this chapter. Any application deviating from the design guidelines and standards shall not be eligible for an administrative approval. The planning director may require that a conditional use permit application be filed for a personal wireless service facility that does not meet the above requirements for an administrative approval.

2.

The following processing procedures shall apply for an administrative approval:

a.

An application for an administrative approval shall be made to the planning director in the form of a completed planning service request application, accompanied by a fee. The fee shall be one-half of the cost of a conditional use permit as set forth by resolution of the city council.

b.

The required information as listed for a conditional use permit under subsection A of this section shall also be submitted for an administrative approval with the exception of the following subsections of this section: (A)(9) and (A)(11). Subsection (A)(6) of this section shall be modified to require a silhouette or mock-up to be erected ten days prior to the planning director's decision.

c.

Notice of the application shall be given to all owners of contiguous and adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the planning director. Based on the particular circumstances of a proposed facility, the planning director may require a five-hundred-foot radius map from the boundaries of the parcel of land and a list of corresponding property owner's addresses to notify all property owners within a five-hundred-foot radius of the proposed facility in lieu of only contiguous and adjacent property owners. After receiving a request for an administrative approval for a personal wireless service facility, the planning director shall either grant approval with appropriate conditions or require a conditional use permit application to be filed for planning commission review. In the event that a conditional use permit application is required, the applicant shall pay the remaining portion of fees required for a

conditional use permit application. The applicant, all owners of contiguous and adjacent property (or within a five-hundred-foot radius, if applicable) and members of the planning commission and city council shall be

mailed a copy of the director's decision. The decision shall be final unless appealed by a party in interest within twenty calendar days of the date of the mailing of the decision.

d.

If an appeal is filed with the planning commission, a fee shall be collected equal to one-half of that required fee for an administrative approval. The commission shall review the decision of the director at its next regular meeting after the appeal is filed. Notice of the meeting shall be mailed to all contiguous and adjacent property owners (or within a five-hundred-foot radius if applicable). The commission, upon reviewing the record of the proceedings before the director and the appeal, shall either sustain, overturn, or modify the director's decision. The decision of the commission shall be final unless appealed to the city council by a party in interest, or appealed by the city council on its own motion, within twenty calendar days of the decision.

(Ord. 629 § 17, 2005; Ord. 587 § 1 (part), 1997)

The following general design guidelines shall be considered for regulating the location, design and aesthetics for a proposed personal wireless service facility.

A.

Site Selection Criteria.

1.

Personal wireless service facilities may be located in all zoning districts. An application for a personal wireless service facility located in a residential district must be accompanied with clear and convincing evidence as to why the location within a residential district is necessary.

2.

Preserving the pre-existing character of a site, including but not limited to existing landscaping and topography, must be thoroughly considered when locating and installing a facility on a particular site.

3.

When feasible, facilities must consider existing and future co-locating with other personal wireless service facilities unless it can be demonstrated that the visual effect of co-location due to technological factors would have a greater overall negative visual impact than that of an existing facility. Applicants must affirm that no barriers to co-location for additional personal wireless service facilities will be employed.

B.

Visual Impact and Screening Policies.

Colors and facility designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. The facility must not dominate surrounding land uses such as in the case of an excessively tall freestanding antenna structure.

2.

Innovative design must be used whenever the screening potential of the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures which are compatible with surrounding architecture.

3.

Antennas mounted on the rooftop or above a structure must be screened (unless screening would be more obtrusive than the antennas themselves), constructed and/or colored to match the structure to which they are attached, thereby reducing visual impact from surrounding uses.

4.

Antennas mounted on the side of a building or structure must be painted to match the color of the building or structure, or the background against which they are most commonly seen.

5.

Electronic equipment cabinets (BTS units) and any other accessory structures must blend with the surrounding building(s) in architectural character and color.

6.

Any required security fencing must be colored and/or designed to blend with the surrounding environment.

(Ord. 587 § 1 (part), 1997)

A.

Setbacks. All personal wireless service facilities (including all related accessory cabinet(s)) shall meet the setbacks of the underlying zone. In no case shall any portion of a facility be located in a defined front yard, side yard, or side yard adjacent to any public right-of-way. The planning commission may require additional setbacks and/or restricted location areas than that specified for the underlying zone based on the existing development of the site and/or surrounding land uses.

B.

Height. The maximum height of any personal wireless service facility shall not exceed the maximum height limit of the underlying zone or the maximum height of an existing building (including any rooftop parapet walls, mechanical rooms, etc.). The applicant for a personal wireless service facility may apply for a height increase of up to twenty feet beyond the maximum height of the underlying zone or the maximum height of a building if the following conditions can be met:

1.

That there are no feasible alternate locations or designs that would allow a facility to meet the underlying zone's maximum height limit;

2.

That there are exceptional circumstances such as topography, existing vegetation or structures that require a facility to exceed the underlying zone's maximum height limit.

C.

Lot Coverage. Any freestanding ground-mounted personal wireless service facility, including any related accessory cabinet(s) shall apply towards the allowable lot coverage for structures/buildings of the underlying zone. In no case shall any part of a facility alter vehicular circulation within a site or impede access to and from a site. In no case shall a facility alter off-street parking spaces (such that the required number of parking spaces for a use are decreased) or interfere with the normal operations of the existing use of the site.

D.

Compatibility and Aesthetics. Any request for a personal wireless service facility in a residential zone shall be subject to meeting the requirements of neighborhood compatibility (Chapter 17.62). In no case shall a facility located anywhere in the city negatively impact any views from public streets or from surrounding land uses and shall be subject to the requirements of view protection (Chapter 17.54). A personal wireless service facility and related accessory cabinet(s) shall be finished in a color to blend in with its immediate surroundings, to reduce glare, and to minimize its visual intrusiveness and negative aesthetic impact.

E.

Required Screening. Any personal wireless service facility and all related accessory cabinet(s) shall be screened from public view and from surrounding land uses. Rooftop-mounted facilities shall be located on or behind parapet walls or incorporated within the existing architectural features of the building(s). Groundmounted facilities shall be fenced and landscaped as follows:

1.

An eight-foot-high fence as measured from the finished grade at the base of the facility shall be required around the base of a facility. Fencing shall be wrought iron or of a similar decorative material.

2.

Landscaping shall be installed around the entire perimeter of the fence. Local native vegetation should be used which is drought-tolerant and fire resistant. Additional landscaping may be required around the perimeter of the fence and around any or all anchors or supports if deemed necessary to adequately buffer adjacent properties. Landscaping shall be installed on the outside of the perimeter fence. In no case shall screening unreasonably obstruct required transmissions of signals.

F.

Signs. The display of any sign or any other graphics on a personal wireless service facility or on its associated screening is prohibited. Public safety warning signs may be posted as deemed necessary by the FCC, or by any other governmental agency.

G.

Undergrounding of Wires/Cables. All wires or cables necessary for the operation of a personal wireless service facility shall be placed underground, except those wires or cables attached flush with the surface of a building or structure of an antenna. Wires or cables shall not be located on facades of buildings or parapet walls such that they would be highly visible from surrounding uses.

H.

Maintenance Hours. Maintenance operations that are associated with a personal wireless service facility shall be performed after seven am and before seven pm, Monday through Friday, and no work shall be performed on Saturdays, Sundays, or bank holidays. The specified restricted hours and days may be preempted only in the event of an emergency.

I.

Removal of Personal Wireless Service Facility. Upon termination of use of a personal wireless service facility, the facility and all related screening (nonvegetative), safety fencing, cables, accessory cabinet(s), etc., shall be completely removed from its location(s) within thirty days. Prior to zone clearance, the applicant shall post a bond in an amount sufficient to include the removal of such facilities in the event that a facility is not removed within thirty days upon termination of use.

(Ord. 587 § 1 (part), 1997)

The applicant may apply to the planning commission for a variance from the design standards as set forth in Section 17.39.050 of this chapter pursuant to Chapter 17.66 of this code. The fee for a variance as established by city council resolution shall be collected at the time of completed application submittal.

(Ord. 587 § 1 (part), 1997)

17.39.070 - Personal wireless service facilities located on city-owned property and within public right-ofway.

Any proposal for a personal wireless service facility located on city-owned property, including public rightsof-way, easements, and property controlled by the city, shall comply with its respective underlying zoning (if applicable) to the best extent feasible and all other applicable requirements as set forth in this chapter. The city manager, to the full extent permissible by federal law and the California Public Utilities Commission (CPUC), shall review any proposal for a personal wireless service facility located on city-owned or controlled property and have sole discretion to approve such facility with appropriate conditions or deny such facility. The application fee for a personal wireless service facility located on city-owned or controlled property shall be equal to that of one-half the cost of a conditional use permit application fee as established by city council resolution. A personal wireless service facility approved or denied by the city

manager may be appealed to the city council within ten days from the date of the city manager's decision for a fee equal to that of one-half the cost of a conditional use permit application fee as established by city council resolution. The city shall have the ability to enter into a lease agreement with any personal wireless service facility located on city-owned or controlled property and collect reasonable compensation for the use of such public property where customary and appropriate.

(Ord. 587 § 1 (part), 1997)

17.39.080 - Fee or tax relating to personal wireless service facilities located on private property.

The city council may by resolution impose any fee or tax relating directly or indirectly to a personal wireless service facility in accordance with applicable law.

(Ord. 587 § 1 (part), 1997)

Chapter 17.40 - OFF-STREET PARKING

A.

In addition to off-street parking requirements set forth in the several zone district classifications, the following standards for providing off-street parking shall apply at the time of the erection of any main building. These standards shall also be complied with when an existing building is altered or enlarged by the addition of dwelling units or guestrooms or where the use is intensified by the addition of floor space, seating capacity or seats.

B.

Where automobile parking space, provided and maintained on a lot in connection with a main building or structure at the time this title became effective, is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, the building or structure may be altered or enlarged, or such use may be extended provided additional parking spaces are provided to meet the standards for the use in conformity with the requirements set forth in this title for the enlargement, extension or addition purposes. The area set aside to meet these provisions must be usable and accessible for off-street parking.

(Prior code § 1887 (part))

For the buildings and structures hereinafter referred to involving large concentrations of people, there shall be a parking area for use in conjunction therewith as hereinafter provided:

A.

Theaters, Auditoriums and Similar Places of Assembly. Each building used in whole or in part for the gathering together of twenty or more persons for entertainment, amusement, deliberation or worship (unless subject to a conditional use permit) and each sports area shall, unless greater parking requirements

are required elsewhere in this title, have for use in conjunction therewith and within five hundred feet of the building so used at least one parking space for each five permanent fixed seats in the auditorium or meeting hall of such building, and in cases where temporary or movable seats are provided for, there should not be less than one parking space for each forty square feet of area used for such temporary or movable seats within the auditorium or meeting hall of such building. In cases of a use as aforesaid without a building, there shall be one parking space for each five persons normally attending or using the facilities.

B.

Clubs. There shall be at least two square feet of parking area for each one square foot of floor space in the club building.

(Prior code § 1887 (a))

17.40.030 - Within buildings or structures.

A.

Any portion of a structure designed to be used for automobile parking by tenants, their patrons or guests, and when no more than twenty-five percent of the spaces are to be used for public parking shall not be counted in calculating the maximum allowable gross floor area set out in the various districts in this title.

B.

Any structures designed totally for parking and designed to meet parking requirements may be located offsite but not more than one hundred fifty feet from the use that it is to serve.

(Prior code § 1887 (b))

17.40.040 - Design.

A.

Any parcel of land used for off-street parking or vehicle sales shall be developed with paving according to city specifications, with bumper guards as specified herein. When such areas are adjacent to any residential district a masonry fence shall be constructed seventy-two inches in height behind the front setback area and thirty-six inches in height in any front setback area. Any such fence shall be approved by the planning commission.

B.

Parking required in any district must be on-site, except as provided in this chapter.

C.

Joint use of parking facilities may be allowed by the planning commission when there is an undivided interest in facilities or when several parcels with a recorded joint agreement develop.

D.

Any such facilities shall be prepared, graded and paved in such a manner to insure that all surface waters will drain into a public street, alley or storm drain. Drains in accordance with the technical specifications of the city engineer shall be provided to insure that no surface waters from such facilities shall be discharged across, over or upon any public sidewalk or adjacent property.

E.

Bumper guards or wheel stops shall be provided in such a manner to insure that no portion of any parked vehicle shall touch any wall, fence, other vehicle, building or structure, nor shall project beyond any lot lines bounding such facilities.

F.

Artificial illumination shall be provided in connection with such facilities and shall uniformly be installed, directed and shielded to confine all direct rays of artificial light within the boundaries of such facilities. The illumination to have minimum five footcandles.

G.

Excepting those portions devoted to driveways or pedestrian walkways, such facilities abutting a public street or sidewalk shall be bounded by a solid masonry wall parallel to such street not less than two feet nor more than three and one-half feet high, measured from the parking lot side.

H.

Any off-street parking area shall be surfaced with: 1) a minimum of five inches of imported base material and a double application of asphalt and gravel to the city engineer's approval, so as to be graded and drained so as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for orderly and safe loading and unloading and parking and storage of vehicles. Ingress, egress and aisle end turn-arounds shall be clearly marked. Spaces shall be marked with four-inch contrasting stripe. All surfacing, striping and markings shall be adequately maintained for the protection of public health and safety; and/or: 2) a grass-paved or other engineered landscaped surface to the city engineer's approval. Ingress, egress and aisle end turn arounds shall be clearly marked, and spaces shall be delineated with flags, pavers or other treatment to the satisfaction of the city engineer. Landscaped parking spaces may count toward required site landscaping as set forth in Section 17.20.050(I) of the Municipal Code in the I (Institutional) District as determined during project review. In no case shall landscaped parking spaces count toward required site landscaping in zoning districts other than the I (Institutional) District.

I.

Parking spaces shall have dimensions of at least nine feet by twenty feet set at an angle to the lanes of travel.

(Prior code § 1887 (c))

(Ord. No. 677, § 1, 3-8-2011)

Chapter 17.42 - LIGHTING

This chapter is intended to provide for the regulation of lighting to permit the maximum enjoyment of property use, to permit the maximum safety and security of the population, while preserving and protecting the rural character of the community. It shall be unlawful to use, install or maintain light facilities within the city except as herein set forth.

(Prior code § 1889 (part))

17.42.020 - Commercial districts.

A.

Lighting shall be directed only onto the property where the light source is located. No lighting shall be permitted which results in the direct illumination of other properties.

B.

Any indirect illumination of neighboring properties shall not exceed one footcandle at the property line for commercially zoned neighboring properties and four-tenths footcandle for all other adjoining properties.

(Prior code § 1889 (a))

17.42.030 - Residential districts.

A.

Lighting shall be directly only onto the property where the light source is located. No lighting shall be permitted which results in the direct illumination of other properties.

B.

Individual light fixtures shall be permitted only if the power/light intensity of the individual fixtures does not exceed one hundred fifty watts or two thousand lumens, whichever is most restrictive. The total intensity of all such fixtures shall not exceed one thousand watts or thirteen thousand three hundred thirty-three lumens plus one hundred fifty watts or two thousand lumens for each one thousand five hundred square feet of lot area beyond fifteen thousand square feet, up to an aggregate maximum of one thousand five hundred watts or twenty thousand lumens, whichever is less intense.

C.

No outdoor lighting shall be permitted where the light source or fixture is more than twelve feet above grade.

D.

Any indirect illumination of neighboring properties shall not exceed four-tenths footcandle at the property line.

(Prior code § 1889 (b))

Lighting exceeding the preceding development standards may be permitted by the planning commission subject to the issuance of a special use permit pursuant to Chapter 17.70 of this code. Prior to the issuance of the permit, the planning commission must find:

A.

That the proposed installation and prospective use will not adversely affect the neighboring properties, block any views or constitute a nuisance;

B.

That the granting of the permit would otherwise meet the criteria for the issuance of a special use permit.

(Prior code § 1889 (c))

A.

Any existing lawful lighting which becomes a nonconforming use on the effective date hereof shall be removed or made to conform with the standards established by the ordinance codified herein. In complying with this chapter, the following schedule of amortization shall be followed:

B.

The value or cost of the lighting shall be determined by the planning director based on an approximate replacement value.

(Prior code § 1889 (d))

Chapter 17.43 - CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 721, § 3(Exh. A), adopted March 27, 2018, effective April 26, 2018, amended chapter 17.43 in its entirety to read as herein set out. Former chapter 17.43, §§ 17.43.010—17.43.030, pertained to medical marijuana facilities; marijuana cultivation facilities; medical marijuana deliveries; and commercial cannabis activities, and derived from Ord. No. 704, § 3(Exh. A), adopted February 23, 2016.

The following words used in Chapter 17.43 are defined as follows:

"Cannabis" has the meaning set forth in Business and Professions Code section 26001(f), and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by section 11018.5 of the Health and Safety Code.

"Cannabis products" has the meaning set forth in Health and Safety Code section 11018.1, and includes cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Commercial cannabis activity" has the meaning set forth in Business and Professions Code section 26001(k), and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis products as provided under MAUCRSA.

"Commercial cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. Commercial cannabis facility includes any building, facility, use, establishment, property, or location where cannabis and/or cannabis products are sold or distributed in exchange for compensation in any form for medicinal purposes under Health and Safety Code sections 11362.5 and 11362.7 and following. Commercial cannabis facility does not include an exempt facility.

"Cultivation" has the meaning set forth in Business and Professions Code section 26001(l), and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as they may be amended from time to time.

"Exempt facility" means the following facilities if such facilities are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law, including, but not limited to the Compassionate Use Act of 1996, Health and Safety Code Section 11362.5.

"Medicinal cannabis" or "medical cannabis" is cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of Health and Safety Code section 11362.7.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

"Primary caregiver" has the meaning set forth in Health and Safety Code sections 11362.5(e) and 11362.7(d).

"Private residence" means a house, an apartment unit, condominium, an accessory dwelling unit, or other similar dwelling.

"Qualified patient" has the meaning set forth in Health and Safety Code section 11362.7(f).

(Ord. No. 721, § 3(Exh. A), 3-27-2018)

17.43.020 - Purpose.

The purpose of Chapter 17.43 is to prohibit commercial cannabis facilities and to regulate cannabis delivery and cultivation within the city limits.

(Ord. No. 721, § 3(Exh. A), 3-27-2018)

17.43.030 - Commercial cannabis facilities and cannabis deliveries.

A.

Commercial cannabis facilities are prohibited in all zones in the city. No person or entity may establish or operate a commercial cannabis facility within the city limits.

B.

No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.

C.

The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients or to an exempt facility. These deliveries are only permitted to occur from the hours of seven a.m. to eight p.m., and to a private residence or an exempt facility.

(Ord. No. 721, § 3(Exh. A), 3-27-2018)

17.43.040 - Cannabis cultivation.

No person may cultivate cannabis at any location within the city, except in compliance with all of the following:

A.

All cannabis cultivation within the city limits is prohibited except that no more than six living cannabis plants may be cultivated inside a private residence at any one time. Such cultivation may only occur in a private residence, or accessory structure belonging to and under the control of the occupants of such private residence, that is fully enclosed and secured against unauthorized entry.

B.

All owners of the private residence have provided written consent allowing cannabis cultivation to occur at the private residence.

C.

All applicable building code requirements set forth in the Rolling Hills Estates Municipal Code.

D.

Gas products (CO2, butane, propane, natural gas, etc.) may not be used on the property specifically for purposes of cannabis cultivation.

E.

All private cannabis cultivation under this section must comply with Health and Safety Code section 11362.2(a)(3).

F.

Indoor grow lights cannot exceed one thousand watts per light.

G.

Adverse impacts of cannabis cultivation must be mitigated so that a public nuisance, as defined by Civil Code section 3480, does not exist, including but not limited to, adverse impacts of odors or the use or

storage of hazardous materials, processes, products, or wastes.

H.

A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.

I.

Cannabis and cannabis products must be disposed in a secure waste receptacle located on the property of the private residence where the cultivation occurs. Disposed cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any nonconsumable solid waste with a resulting mixture of at least fifty percent non-cannabis waste.

(Ord. No. 721, § 3(Exh. A), 3-27-2018)

Violation of any provision of this chapter is subject to enforcement remedies and penalties, including those as set forth in Rolling Hills Estates Municipal Code Chapters 1.24 and 1.25.

(Ord. No. 721, § 3, 3-27-2018)

Any violation of this chapter is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

(Ord. No. 721, § 3, 3-27-2018)

Chapter 17.44 - YARD AND SETBACK MEASUREMENTS

17.44.010 - Computation of yards.

A.

In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance between the street and a line through the corner of face of the building closest to and drawn parallel with the street.

B.

If any future right-of-way line has been established by provisions of a specific ordinance or by the master plan, then the measurement of the yard shall be made from the future right-of-way line, or future property line so defined.

C.

No more than fifty percent of the front yard area measured from the property line to the closest structure may be covered with asphalt, concrete or similar paving material. Such covering shall be limited to driveways and walkways.

(Prior code § 1890)

A.

Unless otherwise noted in subsection C of this section, the highway right-of-way line on all major and secondary highways shall be established as forty-four feet from the centerline of all secondary highways and sixty feet from the centerline of all major highways referred to in this section shall be those shown on the master plan for the city.

B.

In cases where yards are required, such yards shall be calculated from the line established by the highway right-of-way by this section.

C.

For building setback requirements on special streets and highways, the following chart shall apply:

(Prior code § 1891)

Chapter 17.46 - ANIMALS

The keeping of animals in the RA and RPD zones is intended to provide the residents an opportunity for recreational enjoyment. The animals permitted in this chapter are not to be kept for commercial breeding programs.

(Prior code § 1892 (part))

A.

Animals shall be permitted up to the total quantity by type (i.e., small animals, medium animals, etc.) in accordance with the property zoning as follows:

B.

Animals less than six months old shall not be counted for purpose of determining the number of animals that may be kept.

(Prior code § 1892 (a), (b))

The planning commission may permit animals other than those specifically listed in Section 17.46.020 by special use permit under Chapter 17.70 of this code if it finds:

A.

That the quantities and types of animals are no more objectionable than the other animals permitted in the district;

B.

That the granting of the permit would otherwise meet the criteria for the issuance of a special use permit.

(Prior code § 1892 (c))

A.

No animals referred to in Section 17.46.020(A) may be housed in the front yard.

B.

No animals referred to in Section 17.46.020(A)(3) through (7) may be housed less than thirty-five feet from any dwelling unit.

C.

All animal-keeping areas shall be maintained in a clean and sanitary condition. Surface water, solid waste and manure shall not be permitted to accumulate.

D.

No animals referred to in Section 17.46.020(A)(3) through (6) may be kept closer than five feet from a property line.

E.

No beehive may be kept closer than thirty-five feet from any property line or public right-of-way or riding or hiking trail.

F.

An additional number of animals specifically permitted herein may be allowed by the planning commission by special use permit under Chapter 17.70 of this code.

(Ord. 629 § 18, 2005; prior code § 1892 (d))

Chapter 17.47 - SHORT-TERM RESIDENTIAL RENTALS

"Short-term residential rental" means the rental of a residential dwelling unit, or a portion thereof, including a guesthouse, caretakers unit or second dwelling unit, to a person or group of persons for compensation of any kind, for lodging or sleeping purposes, or as an event venue, or for any other purpose than its intended use, for a period of less than thirty days. Further, any leases of a residential dwelling unit, or a portion thereof, including a guesthouse, caretakers unit or second dwelling unit for periods greater than thirty days and by more than four distinct occupancies (a rental person or group) in any calendar year, is also deemed a "short-term residential rental." This definition does not apply to licensed hotels and motels.

"Short-term residential rental advertisement" means any printed, or electronic, or any other form of announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, internet website or application, pertaining to a short-term residential rental within the city.

(Ord. No. 709, § 3(Exh. A), 10-10-2016)

The purpose of this chapter is to prohibit short-term residential rentals, including advertising for such rentals, as defined above, within the city limits. Short-term residential rentals negatively impact the already limited supply of rental housing within the city, and the presence of short-term residential rentals may

generate negative, secondary impacts, such as additional traffic, parking demand, noise, and may otherwise be incompatible with the zone in which the short-term residential rental may be located.

(Ord. No. 709, § 3(Exh. A), 10-10-2016)

17.47.030 - Prohibition on short-term residential rentals and advertisements.

A.

Short-term residential rentals are prohibited in all zones within the city.

B.

Short-term residential rental advertisements are prohibited within the city.

C.

In the event that there is a conflict with another section of this code, this chapter will prevail in terms of prohibiting any type of short-term residential rental within the city.

(Ord. No. 709, § 3(Exh. A), 10-10-2016)

Chapter 17.48 - HOME OCCUPATIONS

17.48.010 - Criteria.

Home occupations shall be deemed a commercial use and prohibited in all residential zones except where all of the following criteria have been satisfied:

A.

No employment of help other than the members of the resident family;

B.

No use of material or mechanical equipment not recognized as being part of normal household uses;

C.

No sales of products or services not produced on the premises;

D.

The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located;

E.

It shall not involve the use of commercial vehicles for delivery of materials to or from the premises;

F.

No storage of materials and/or supplies, indoor or outdoor, for purposes other than those permitted in the district;

G.

It shall not involve the use of signs other than those permitted in the district of which it is a part;

H.

Not more than one room in the dwelling shall be employed for the home occupation;

I.

No building or space outside of the main building shall be used for home occupational purposes;

J.

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.);

K.

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

L.

The use is legal in one of the commercial zones.

(Ord. 635 § 1 (part), 2007; Prior code § 1895)

Chapter 17.50 - CONSTRUCTION, ALTERATION AND MOVING OF BUILDINGS

No permit shall be issued for the moving of any building or structure from one lot to another in the city or from a lot outside of the city to one within the city without the filing of an application with the city council for review and approval, subject to the following provisions:

A.

The following information shall be filed with the city council at the time the petition is made:

1.

Location and address of the old and new site;

Plot plan of the new location, including the showing of adjacent lots on all sides of the property and an indication of all structures and improvements on the lots;

3.

Plans and specifications for the proposed improvements at the new location, including landscape treatment;

4.

Photographs, to be furnished by the applicant showing all elevations of the structure proposed to be moved, the site onto which the building is proposed to be moved and the buildings adjacent to the proposed site.

B.

Before the city council may approve the application for moving of a building or structure, there shall be a finding that the moving shall have no detrimental effect on the living environment and property values in the area into which the structure is to be moved.

C.

Basis for Council Findings. In approving an application for a permit to move a building into an area, the council shall find:

1.

That the building is in conformity with the type and quality of buildings existing in the area into which it is proposed to be moved;

2.

That the building is not more than two stories in height;

3.

That its location on the lot does not in any way adversely affect the buildings or uses on abutting properties;

4.

That the percentage of lot coverage by all buildings and structures be not greater than that permitted in the district into which the house is proposed to be moved.

(Prior code § 1901)

Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion or alteration of any building, or any addition to any building, a permit shall be secured from the city by any owner or his agent for the work, and it shall be unlawful to commence any work until and unless such

permit shall have been obtained. Provided further, that no such building shall be occupied unless a certificate of occupancy, and license for such use where required, is first obtained from the department or person vested with the duty or authority to issue same. Each application for a building permit shall be made on a printed form to be furnished by the city and shall contain accurate information and dimensions as to the size and the location of the lot; the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the city may require the applicant to furnish a survey of the lot prepared by a licensed surveyor.

(Prior code § 1902)

All departments, officials or public employees vested with the duty or authority to issue permits, licenses or certificates of occupancy where required by law, shall conform to the provisions of this title. No such permit, license or certificate for buildings, uses or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such permit, license or certificate, if issued in conflict with the provisions hereof, shall be null and void.

(Prior code § 1903)

17.50.040 - Compliance by city.

The provisions of this title shall apply to all buildings, improvements, lots and premises owned, leased, operated or controlled by the city or any department thereof, or by any other municipal or quasi-municipal corporation or governmental agency.

(Prior code § 1904)

Chapter 17.52 - COMMERCIAL COACHES AND TEMPORARY BUILDINGS

This chapter is intended to provide for the regulation and use of commercial coaches and/or temporary buildings.

(Prior code § 1909 (part))

For the purposes of this chapter of the city zoning code, the following definitions shall apply:

"Commercial coach" means any vehicle, licensed by the Department of Motor Vehicles, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.

"Temporary buildings" means all nonpermanent structures other than commercial coaches, designed and equipped for human occupancy or storage purposes that are installed or constructed for use during a specific period of time while permanent structures are being constructed.

(Prior code § 1909 (a))

It shall be unlawful for any person to use a commercial coach or temporary building in the city, unless such a use is conducted in accordance with the provisions set forth herein.

(Prior code § 1909 (b))

Use of commercial coaches or temporary buildings for industrial, professional or commercial purposes in the C-R, C-G, C-L, C-O, C-C, SR&D, SR&D-LM, Q and A zones is prohibited unless a current conditional use permit has been granted by the city's planning commission in accordance with the provisions of Chapter 17.68 of this code, except as provided for in Section 17.52.050. Upon showing of good cause by the applicant, the planning commission, under the conditional use permit, may allow the use of a commercial coach or temporary building for a period of up to twelve months and may, by a major modification to the conditional use permit, extend this use for an additional twelve months.

(Prior code § 1909 (c))

The use of a temporary building or a commercial coach to be used exclusively as an office or warehouse on the construction site of a permanent commercial professional or industrial facility (for which a valid building permit has been issued) may be installed with prior written approval of the planning director. Approval shall be based on the visual effects of the proposed structure on the surrounding properties and as a condition of approval, the applicant may be required to install landscaping around the temporary structure to ensure that it will be compatible with its surroundings. The planning director may permit the use for up to twelve months. Such temporary uses may be extended by the planning commission upon a showing of good cause by the applicant.

(Prior code § 1909 (d))

Before installation of the temporary building or commercial coach, all applicable state, county and city laws controlling installation and/or construction of the facilities shall be complied with and all necessary permits obtained.

(Prior code § 1909 (e))

All use of commercial coaches and/or temporary buildings shall comply with all applicable development standards of the zones in which the use is located, except as specifically exempted by the city's planning commission.

(Prior code § 1909 (f))

Chapter 17.54 - VIEW PROTECTION

The hillsides of the city constitute a limited natural resource in their scenic value to all residents of and visitors to the city and their potential for vista points and view lots. It is found that the public health, safety and welfare require prevention of needless destruction and impairment of the blockage and misuse of such sites and view lots. The purpose of the ordinance codified herein is to promote the health, safety and general welfare of the public through:

A.

The protection, enhancement, perpetuation and use of sites and view lots that offer views to the residents because of the unique topographical features which the Palos Verdes Peninsula offers, or which provide unique and irreplaceable assets to the city and its neighboring communities or which provide for this and future generations examples of the unique physical surroundings which are characteristic of the city;

B.

The maintenance of settings which provide the amenity of a view;

C.

The establishment of a process of design review by which the city may render its assistance toward the objective that views enjoyed by residents of the city will not be significantly obstructed.

(Prior code § 1950)

17.54.020 - Proposed development addition or alteration—Evaluation and review criteria.

A.

To protect the visual quality of highly scenic areas and maintain the rural character of the city, new development should not degrade highly scenic natural, historical or open areas and shall be visually subordinate to the scenic quality of these areas.

B.

New development within the various view sheds contained in the city that would have a significant visual impact to those living adjacent to the development shall be subject to design review. This review shall ensure that development and its cumulative impact is consistent with the previously mentioned standards.

C.

The design procedures and standards employed in new developments, alterations and additions to existing structures and lots should include appropriate measures that are consistent with appearances and design goals of the view protection ordinance. Development proposals should be coordinated in order to:

Maximize open space preservation;

2.

Protect view corridors, natural vegetation, land forms and other features;

3.

Minimize the appearance of visually intrusive structures;

4.

Prevent the obstruction of property owners' views by requiring appropriate construction of new structures or additions to existing buildings or adjacent parcels;

5.

Assess the potential view loss from public areas of any proposed major structures as well as alterations and additions to existing structures;

6.

Determine whether other suitable design options are available to the property owner in order that view obstructions may be eliminated or lessened in severity.

(Prior code § 1951)

17.54.030 - Proposed development addition or alteration—Inspection.

A.

Should it appeal that a potential view impairment may result from a proposed development, addition or alteration, the site shall be subjected to a view preservation site inspection. A fee shall be charged for such inspection as the city council shall fix by resolution.

B.

Upon public inspection, should the city zone clearance official determine that the proposed development addition or alteration will impair a view site, the matter shall be referred for hearing and review by the planning commission pursuant to Sections 17.54.040 and 17.54.050.

(Prior code §§ 1952, 1953)

17.54.040 - Proposed development addition or alteration—Administration and review.

It shall be the duty of the planning commission to administer the provisions of the view protection ordinance. Review of any site for such purposes shall be initiated by the city pursuant to a view preservation site inspection or otherwise, or by any person aggrieved.

(Prior code § 1954)

The planning commission shall hold a public meeting when complaint opposed to any pending development addition or alteration has been filed by a person aggrieved or referred by the city zone clearance official. In connection with the foregoing, the planning commission:

A.

Shall hear and review such complaints or referrals regarding the proposed construction, alteration or additions;

B.

May request, following a public meeting, that proposed action on a particular site or plans to make any additions to existing structures or new accessory structures on the lot in question will meet the mitigation measures of the view protection ordinance as outlined by the planning commission;

C.

Coordinate and conciliate to the maximum extent possible the resolution of disputes among property owners concerning view obstructions.

(Prior code § 1955)

17.54.060 - Appeals.

Any person aggrieved may appeal the planning commission decision to the city council within twenty days after determination of required view protection mitigation measures.

(Prior code § 1956)

Chapter 17.55 - VIEW PRESERVATION

The city council finds and declares as follows:

(1)

Both views and trees/vegetation contribute to the aesthetic value, quality of life, ambiance and economic value of properties within the city. Similarly, access to sunlight across property lines contributes to the health and well-being of community members, enhances property values and provides an opportunity to utilize solar energy. Utilization of passive solar energy reduces air pollution, visual blight and ill health.

(2)

Views, whether of the Pacific Ocean, the surrounding hillsides and canyons or other natural and manmade landmarks produce a variety of significant and tangible benefits for both residents and visitors. Views contribute to the aesthetic visual environment of the community by providing scenic vistas and inspiring distinctive architectural design. Views contribute to property values.

(3)

Residents and property owners cherish their outward views from the Palos Verdes Peninsula. Outward views contribute greatly to the quality of life in the city and promote the general welfare of the entire community.

(4)

Trees and vegetation produce a wide variety of significant psychological and tangible benefits for both residents and visitors to the community. Trees and vegetation provide privacy, modify temperatures, screen winds, replenish oxygen to the atmosphere, maintain soil moisture, mitigate soil erosion and provide wildlife habitat. Trees and vegetation contribute to the visual environment and aesthetics by blending, buffering and reducing the scale and mass of architecture. Trees and vegetation within the city provide botanical variety and a sense of history. Trees and vegetation also create shade and visual screens and provide a buffer between different land uses. Trees contribute to property values. Absent an unreasonable obstruction of the view of a neighboring property, the city encourages and supports the growth and maintenance of trees and vegetation.

(5)

Owners and residents should maintain trees on their property in a healthy condition for both safety reasons and for preservation of outward views. Before planting trees, owners and residents should consider view blockage potential, both currently and at tree maturity, and should not plant, maintain or permit to grow any tree or vegetation which unreasonably obstructs the view from a neighboring property.

(6)

The benefits derived from views and trees/vegetation may come into conflict. The planting of trees and other vegetation and their subsequent growth, particularly when such trees are not properly maintained, can produce unintended harmful effects both on the property on which they are planted and/or on neighboring properties. It is, therefore, in the interest of the public health, safety and welfare to:

(a)

Establish the right of real property owners in the city to preserve and/or restore views which existed from unreasonable obstruction by the growth of trees and other vegetation. Property owners shall have the right to preserve views that existed on the date the property was acquired or fifteen years prior to the effective date of the ordinance codified in this chapter, whichever is later;

(b)

Recognize that every real property owner in the city is entitled to a process to resolve conflicts that negatively impact view equity, in order to preserve a reasonable amount of the view benefiting such real property; and

(c)

Establish a process and evaluation criteria by which property owners may seek restoration of views when unreasonably obstructed by the growth of trees or other vegetation.

(7)

When a dispute arises concerning the impairment or obstruction of a view, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise, and other traditional means, such as discussions with the appropriate neighborhood or homeowner association. Those disputes which are not resolved through such means shall follow the procedure established herein.

(Ord. No. 661, § 1, 10-12-2010)

17.55.020 - Intent and purpose.

The intent and purpose of this chapter is to:

(1)

Recognize and establish a process by which real property owners may preserve or restore view equity within the immediate vicinity of their property as set forth in Section 17.55.040;

(2)

Establish procedures and evaluation criteria by which real property owners may seek resolution of view equity disputes;

(3)

Discourage duplicative, repetitive or serial claims for view equity; and

(4)

Discourage ill-considered damage to trees/vegetation and promote proper landscaping establishment and maintenance.

It is not the intent of the city to encourage clear-cutting or substantial denuding of any property of its trees by overzealous application of provisions of this chapter. It is also not the intent or purpose of this chapter for the city to create either a covenant running with the land (for example, CC&Rs or deed restriction) or an equitable servitude (for example, easement or license). However, the city will keep a record of agreements and decisions reached pursuant to Sections 17.55.070, 17.55.080, 17.55.090 and 17.55.110 of which it is notified, and provide those agreements and/or decisions as part of the pre-purchase inspection report it provides to prospective purchasers of property in the city who request such a report.

(Ord. No. 661, § 1, 10-12-2010)

For the purpose of this chapter, the meaning and construction of words and phrases hereinafter set forth shall apply:

"Alter" means to take action that changes the tree or vegetation, including but not limited to, extensive pruning of the canopy area, cutting, girdling, interfering with the water supply, applying chemicals or regrading around the feeder root zone of the tree or vegetation.

"Arbitration" means a voluntary legal procedure for settling disputes and leading to a final and binding determination of rights of parties, usually consisting of a hearing before an arbitrator where all relevant evidence may be freely admitted as set forth in California Code of Civil Procedure Section 1280 et seq.

"Arbitrator" means a mutually agreed upon neutral third party professional intermediary who conducts a hearing process, and who hears testimony, considers evidence and makes binding decisions for the disputing parties. The arbitrator of a view equity dispute shall be chosen from a list available from the city of qualified and professionally trained arbitrators/mediators, including but not limited to, members of the American Arbitration Association.

"Arborist, certified" means a person who has passed a series of tests by the International Society of Arboriculture (ISA), is governed by ISA's professional code of ethics and possesses the technical competence through experience and related training to provide for or supervise the management of trees and other woody plants. The arborist utilized in mediation of a view equity dispute shall be the city's certified arborist.

"Authorized agent" means a person, as defined herein, who has been designated and approved in writing by the property owner of record to act on his/her behalf in matters pertaining to the processing of a view equity claim as outlined in this chapter.

"Canopy" means the umbrella-like structure created by the over-head leaves and branches of a tree which create a sheltered area below.

"City" means the city of Rolling Hills Estates.

"City maintained trees" means trees which are specifically designated for maintenance by the city council. "City maintained trees" include heritage trees which are located in the unimproved portion of a dedicated and accepted street right-of-way easement and for which the real property owner has requested and given the city written permission to maintain.

"City property" means any real property of which the city is the fee simple owner of record.

"Claim, view equity" means documentation, as set forth in Section 17.55.050, that outlines the basis of view equity diminishment and the specific preservation action that is being sought.

"Crown" means the rounded top of the tree.

"Crown reduction/shaping" means a method of comprehensive pruning that reduces a tree's height and/or spread. Crown reduction entails the reduction of the top, sides or individual limbs by means of removal of leaders or the longest portion of limbs to a lateral large enough to assume the terminal. The diagram that follows is illustrative of "crown reduction/shaping" within the meaning of this chapter.

n reduction/shaping" means a method of comprehensive pruning that reduces a tree's height and/or spread. Crown reduction entails the reduction of the top, sides or individual limbs by means of removal of leaders or the longest portion of limbs to a lateral large enough to assume the terminal. The diagram that follows is illustrative of "crown reduction/shaping" within the meaning of this chapter.

==> picture [154 x 296] intentionally omitted <==

"Destroy" means to kill or take action that endangers the health or vigor of a tree or vegetation, including, but not limited to, cutting, girdling, interfering with the water supply, applying chemicals or re-grading around the base of the trunk.

"Heading back" means the overall reduction of the mass of a tree by modification to major limbs. The diagram that follows is illustrative of "heading back" within the meaning of this chapter.

==> picture [108 x 344] intentionally omitted <==

"Lacing" means a comprehensive method of pruning that systematically and sensitively removes excess foliage and improves the structure of the tree. The diagram that follows is illustrative of "lacing" within the meaning of this chapter.

==> picture [179 x 261] intentionally omitted <==

"Maintenance pruning" means pruning with the primary objective of maintaining or improving tree health and structure; includes "crown reduction/shaping" or "lacing," but not ordinarily "heading back."

"Mediator" means a neutral, objective third party professional negotiator/facilitator to help disputing parties reach a mutually satisfactory solution regarding a view equity claim. The mediator shall be chosen from a list available from the city of qualified and professionally trained arbitrators/mediators, including but not limited to, members of the American Arbitration Association.

"Obstruction" means the blocking or diminishment of a view attributable to growth, improper maintenance or location of trees and/or vegetation.

"Person" means any individual, individuals, corporation, partnership, firm or other legal entity.

"Preservation action" means any specific steps taken affecting trees or vegetation that would result in the preservation or restoration of view equity across property lines.

"Pruning" means the removal of plant material from a tree/vegetation.

"Real property" means rights or interests of ownership of land and all appurtenances to the land including buildings, fixtures, vegetation and improvements erected upon, planted or affixed to the land.

"Severe pruning" means the cutting of branches and/or trunk of a tree in a manner which substantially reduces the overall size of the tree or destroys the existing symmetrical appearance or natural shape of the tree and which results in the removal of main lateral branches leaving the trunk and branches of the tree in a stub appearance. "Heading back" as defined herein is considered to be severe pruning.

"Stand thinning" means the selective removal of a portion of trees from a grove of trees.

"Street" means the portion of a right-of-way easement used for public purposes, such as roadway improvements, curbs, gutters and sidewalks, dedicated to the city, and formally accepted by the city into the city public street system for maintenance purposes.

"Sunlight" means the availability or access to light from the sun across property lines.

"Tree" means any woody perennial vegetation that generally has a single trunk and reaches a height of at least eight feet at maturity.

"Tree/vegetation owner" means any person who owns real property in the city on which tree(s) and/or vegetation is located.

"Vegetation" means all types of plants, bushes, hedges and shrubs, including trees.

"View" means a vista of features, including but not limited to, bodies of water, beaches, coastline, islands, skylines, mountains, city lights, ridges, hillside terrain, canyons, geologic features and landmarks. The term "view" does not mean an unobstructed panorama of these features.

"View equity" means achievement of a fair, reasonable, and balanced accommodation of views and competing obstructions (such as structures, trees and/or vegetation), privacy and the use and enjoyment of property. Development, including its landscaping, shall be designed to preserve views from neighboring

properties. No person shall plant, maintain, or permit to grow any trees or vegetation which unreasonably obstructs the view from a neighboring property.

"View seeker" means any real property owner in the city or authorized agent of such property owner who alleges that tree(s)/vegetation located within the immediate vicinity of the property as set forth in Section 17.55.040 is causing unreasonable obstruction of the view benefiting such real property.

"Vista pruning" means the selective thinning of framework limbs or specific areas of the crown of a tree to allow a view from a specific point.

(Ord. No. 661, § 1, 10-12-2010)

17.55.040 - View equity claim limitations.

Subject to the other provisions of this chapter, a real property owner in the city may initiate the claim resolution process as outlined in Section 17.55.060. However, a claim for preserving or restoring view equity may only be made i) regarding any tree/vegetation located on real property, as defined herein, which is within five hundred feet from the view seeker's real property boundary, and ii) if a claim has not been

visions of this chapter, a real property owner in the city may initiate the claim resolution process as outlined in Section 17.55.060. However, a claim for preserving or restoring view equity may only be made i) regarding any tree/vegetation located on real property, as defined herein, which is within five hundred feet from the view seeker's real property boundary, and ii) if a claim has not been

initiated against that real property by the view seeker or any other real property owner in the city within the last two years, unless the subsequent claim is made within forty-five days of notice of the original claim as provided in Section 17.55.080 of this chapter. In addition, a view seeker may only seek to preserve or restore a view from one common interior or exterior space used by the view seeker, including but not limited to, the living, family, and dining rooms, rooms that have features such as picture windows, sliding glass doors, and French doors, and common exterior areas such as patios, balconies, decks, pool areas, and gazebos designed to take advantage of views. Properties which have more than one unique or different view shall be permitted to apply for preservation or restoration of one additional view.

Requests for view equity with regard to any tree and/or vegetation located on city property or in city parks, or with respect to city maintained trees, may only be initiated as outlined in Section 17.55.070 of this code.

(Ord. No. 661, § 1, 10-12-2010)

17.55.050 - View equity claim.

A claim to preserve or restore view equity shall consist of all of the following:

(1)

A description of the nature and extent of the alleged obstruction, including pertinent and corroborating evidence. Evidence may include, but is not limited to, documented and dated photographic prints, negatives, slides and written testimony from residents living in the area. Such evidence must show the extent to which the view has been diminished by trees and/or vegetation;

(2)

The location of all trees and/or vegetation alleged to cause the obstruction, the address of the property upon which the trees and/or vegetation are located, and the present tree/vegetation owner's name and address;

(3)

Specific view equity preservation actions proposed by the view seeker to resolve the allegedly unreasonable obstruction;

(4)

Evidence that initial discussion as described in Section 17.55.070 has been made and has failed. Evidence may include, but is not limited to, copies of receipts for certified or registered mail correspondence; and

(5)

Evidence confirming the ownership and the date of acquisition of the view seeker's property.

(Ord. No. 661, § 1, 10-12-2010)

The view seeker shall follow the process established by this chapter in seeking preservation or restoration of view equity. First, the view seeker must complete the "initial discussion" process described in Section 17.55.070. Second, if that process does not yield a result mutually satisfactory to the view seeker and the tree/vegetation owner, then the view seeker may file a view equity claim with the city and request mediation, as described in Section 17.55.080. Third, if the tree/vegetation owner does not participate in mediation or if mediation is unsuccessful in resolving the claim, the view seeker may next pursue resolution by arbitration, as set forth in Section 17.55.090. Fourth, if arbitration is not accepted by the tree/vegetation owner, the view seeker may next request that the city's planning director issue an advisory opinion on the view equity claim pursuant to Section 17.55.100. If all of these steps are taken and processes are exhausted by the view seeker but no resolution is reached, the view seeker may then initiate litigation as described in Section 17.55.110.

(Ord. No. 661, § 1, 10-12-2010)

A view seeker who believes that one or more trees or vegetation which has grown on another person's property in the city has caused unreasonable obstruction of view equity from the view seeker's property, shall first notify the tree/vegetation owner of such concerns. The notification shall request personal discussions to enable the view seeker and tree/vegetation owner to attempt to reach a mutually agreeable solution, and shall be followed-up in writing. The notification shall include a copy of the view preservation ordinance (Chapter 17.55 of this code), available from the city. The view seeker shall invite the tree/vegetation owner to view the alleged obstruction from the view seeker's property, and the tree/vegetation owner is urged to invite the view seeker to view the situation from his/her property. Failure of the tree/vegetation owner to respond to the written request for initial discussion within forty-five days from the date of delivery shall be deemed formal refusal by the tree/vegetation owner to participate in the initial discussion.

If the initial discussion is refused, or if the parties do not agree as to the existence and nature of the view seeker's obstruction and the appropriate preservation action, the view seeker may proceed with the

subsequent claim resolution process outlined in Section 17.55.060.

(Ord. No. 661, § 1, 10-12-2010)

If the initial discussion outlined in Section 17.55.070 does not result in an agreement between the tree/vegetation owner and the view seeker, the view seeker may file a written view equity claim with the city requesting mediation. Upon receiving the written claim and processing fee, in the amount established by resolution of the city council, city staff shall prepare and send by certified mail to the tree/vegetation owner, a copy of the written claim and a notice requesting that the tree/vegetation owner agree to participate in a mediation process to attempt to resolve the view equity claim. In addition, city staff shall notify all property owners within five hundred feet of the tree/vegetation owner's property of the pending view equity claim, their right to file a view equity claim on their own behalves within forty-five days of city staff's mailing of notice of the original view equity claim, and the fact that their view equity claim will be subject to the twoyear time limit set forth in Section 17.55.040 if it is not filed within forty-five days of staff's mailing of notice of the original claim. Any view equity claim(s) submitted by surrounding property owners after being advised by staff of the pending view equity claim shall, to the extent possible, be combined with the existing view equity claim for purposes of mediation and arbitration.

The tree/vegetation owner shall have forty-five days from delivery of the request for mediation to either accept or decline mediation. The notice sent to the tree/vegetation owner shall inform the tree/vegetation owner that a failure to respond to the request for mediation within forty-five days from the date of delivery of the notice shall be deemed formal refusal of the mediation process by the tree/vegetation owner.

If the tree/vegetation owner agrees to participate in a mediation process, the view seeker shall then pay the fee established by resolution of the city council for the mediation process, including review by the city's certified arborist. The mediator shall be chosen by the parties from the list of professional mediators maintained by the city. In the event the parties are unable to choose a mediator from the approved list, city staff shall randomly select a mediator from the list. City staff, in consultation with the mediator, shall establish a date for mediation, and a written notice of the mediation hearing date shall be sent to each party by certified mail.

The mediator shall be guided by the provisions of this chapter, including the evaluation criteria set forth in Sections 17.55.130 and 17.55.140, and the hierarchy of preservation actions set forth in Section 17.55.150, respectively, in attempting to resolve the view equity claim. The mediator shall also consider recommendations of the certified arborist regarding landscape techniques and/or maintenance procedures.

be guided by the provisions of this chapter, including the evaluation criteria set forth in Sections 17.55.130 and 17.55.140, and the hierarchy of preservation actions set forth in Section 17.55.150, respectively, in attempting to resolve the view equity claim. The mediator shall also consider recommendations of the certified arborist regarding landscape techniques and/or maintenance procedures.

The role of the mediator shall be advisory in nature and shall not be binding in establishing the preservation or restoration of view equity. Any agreement reached between the two parties as a result of the mediation process described herein shall be reduced to writing and signed by the mediator and all of the parties, and two copies shall be submitted to the city clerk. The cost of mediation, including review by a certified arborist, shall be paid initially by the view seeker, provided, however, that the ultimate responsibility for such cost may subsequently be modified by mutual agreement of the parties. The mediator is encouraged to suggest a just and reasonable allocation of responsibility for the cost of mediation as part of the mediation process.

(Ord. No. 661, § 1, 10-12-2010)

If the initial discussion under Section 17.55.070 and mediation under Section 17.55.080 fail to achieve agreement between the tree/vegetation owner and the view seeker, the view seeker may send to the tree/vegetation owner a request to participate in a binding arbitration process. The tree/vegetation owner shall have forty-five days from delivery of the request for arbitration to either accept or decline arbitration. Failure to respond within forty-five days shall be deemed formal refusal of arbitration. If arbitration is accepted, the parties shall agree in writing to the selection of an individual arbitrator, who shall be chosen from a list of professional arbitrators available from the city within thirty days of such acceptance. If the parties are unable to agree on a specific arbitrator within thirty days, they may jointly request that city staff randomly select an arbitrator from the list maintained by the city. In addition, either party may petition a court of competent jurisdiction to appoint an arbitrator from the list maintained by the city.

The arbitrator shall be guided by the provisions of this chapter, including the evaluation criteria set forth in Sections 17.55.130 and 17.55.140, and the hierarchy of preservation actions set forth in Section 17.55.150, respectively, in attempting to resolve the view equity claim, and shall submit a complete written decision to the view seeker and the tree/vegetation owner. Any decision of the arbitrator shall be enforceable pursuant to the provisions of California Code of Civil Procedure Section 1285 et seq., and two copies of the decision shall be submitted to the city clerk.

The costs of arbitration shall be paid initially by the view seeker, provided, however, that the ultimate responsibility for such costs may subsequently be modified either by mutual agreement of the parties or by a determination of the arbitrator as to a just and reasonable allocation of responsibility.

(Ord. No. 661, § 1, 10-12-2010)

If the initial discussion and mediation processes fail to result in a resolution or agreement, and if the view seeker requests but the tree/vegetation owner declines to participate in arbitration, the view seeker may request that the city's planning director assess and issue an advisory opinion on the view equity claim. Such requests must be made to the planning director in writing within thirty days after arbitration is refused or deemed refused pursuant to Section 17.55.090. The planning director may, but is not required to, assist the parties in resolving the view equity dispute. It is the intention of this section that the advisory opinion be admissible as evidence in any civil action brought pursuant to Section 17.55.110 of this chapter.

(Ord. No. 661, § 1, 10-12-2010)

If a view seeker has attempted to obtain but has been unsuccessful in attaining agreement or resolution under Sections 17.55.070, 17.55.080, and 17.55.090, the view seeker may initiate civil action in a court of competent jurisdiction for resolution of his/her view equity claim under the provisions of this chapter. It is the intent of this chapter that the evaluation criteria set forth herein be utilized in adjudicating view equity claims in civil litigation. In the event of civil litigation, the view seeker shall provide two copies of the filed complaint to the city clerk.

The prevailing party in any civil action brought pursuant to this chapter shall be entitled to recover its reasonable costs and attorneys' fees incurred in the litigation, subject to the following exception: a tree/vegetation owner who prevails in litigation shall not be entitled to recover attorneys' fees and costs if the tree/vegetation owner has declined to participate in the initial discussion, mediation, or arbitration processes set forth in Sections 17.55.070, 17.55.080 and 17.55.090, respectively. The notice of the view equity claim and request for mediation provided by the city in accordance with Section 17.55.080 shall inform the tree/vegetation owner of this provision and the consequences of non-participation in the initial discussion, mediation, and/or arbitration processes.

(Ord. No. 661, § 1, 10-12-2010)

Except as otherwise authorized by law, no tree and/or vegetation on real property owned or controlled by another person may be removed, destroyed or altered unless the view seeker either enters into a written agreement with the tree/vegetation owner or obtains an arbitration award or judicial decision specifying, in detail, the nature and timing of the preservation action and the parties responsible for performing such action.

(Ord. No. 661, § 1, 10-12-2010)

The following criteria are to be considered (but are not exclusive) in determining whether unreasonable obstruction of a view has occurred:

(1)

The vantage point(s) from which the view is observed;

(2)

The extent of the view obstruction, both currently and at tree/vegetation maturity;

(3)

The quality of the view, including the existence of landmarks, vistas, or other unique view features;

(4)

The extent to which the tree(s) and/or vegetation have grown to obscure the enjoyment of the view from the view seeker's property since the view seeker's acquisition of his or her property;

(5)

The extent to which the view has been or is diminished by factors other than tree(s) and/or vegetation.

(Ord. No. 661, § 1, 10-12-2010)

When it has been determined that unreasonable obstruction has occurred, then the following unweighed factors shall be considered in determining appropriate preservation action:

(1)

The number of existing trees or amount of vegetation in the area and the current effects of the tree(s) and their removal on the neighboring vegetation;

(2)

The extent to which the tree(s) and/or vegetation provide:

(a)

Screening or privacy,

(b)

Energy conservation and/or climate control,

(c)

Soil stability, as measured by soil structure, degree of slope and extent of the tree's root system when a tree is proposed to be removed,

(d)

Aesthetics,

(e)

Community/neighborhood quality, value or significance,

(f)

Shade,

(g)

Historical context due to the age of the tree/vegetation,

(h)

Rare and interesting botanical species,

(i)

Habitat value for wildlife,

(j)

Blending, buffering or reduction in the scale and mass of architecture.

(3)

Any hazards posed by the tree(s) or vegetation including, but not limited to, fire danger or the danger of falling limbs or trees;

(4)

The age, projected rate of growth, and maintenance requirements of the tree(s) or vegetation;

(5)

The date the view seeker purchased his/her property; and

(6)

The date the tree/vegetation owner purchased his/her property.

(Ord. No. 661, § 1, 10-12-2010)

View equity actions must be consistent with all other provisions of this Title. Severe pruning should be

avoided due to the damage such practice causes to the tree's form and health. Preservation actions may include, but are not limited to the following, in order of preference, assuming no countervailing health or safety interest(s) exist:

(1)

Lacing. Lacing is the most preferable pruning technique that removes excess foliage and can improve the structure of the tree.

(2)

Vista Pruning. Vista pruning of branches may be utilized where possible, if it does not adversely affect the tree's growth pattern or health.

(3)

Crown Reduction. Crown reduction is preferable to tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree's growth pattern or health, or otherwise constitute a detriment to the tree(s) in question.

(4)

Stand Thinning. The removal of a portion of the total number of trees from a grove of trees, without any replacement plantings.

(5)

Heading Back. Eliminating the outer extent of the major branches throughout the tree. Heading back is only to be permitted for trees specifically planted and maintained as a hedge, espalier, bonsai or in pollard form

and if restoration actions (1) through (4) of this section will not accomplish the determined preservation action and the subsequent growth characteristics will not create a future obstruction of greater proportions.

(6)

Tree/Vegetation Removal. Tree and/or vegetation removal, which may be considered when the abovementioned preservation actions are judged to be ineffective and may be accompanied by replacement plantings or appropriate plant materials to restore the maximum level of benefits lost due to tree removal.

(Ord. No. 661, § 1, 10-12-2010)

The view seeker shall be responsible for paying the cost of any determined preservation action unless the parties agree to share the costs in some other manner. Subsequent maintenance shall be the responsibility of the tree/vegetation owner, unless otherwise agreed to by the parties or required pursuant to any final arbitration decision or court order. It is the intent of this chapter that a tree/vegetation owner who sells his or her property notify the purchaser of any agreement, decision, or court order requiring subsequent maintenance of trees or vegetation.

(Ord. No. 661, § 1, 10-12-2010)

(1)

The city shall not be liable for any damages, injuries, costs or expenses which are the result of an advisory opinion issued by a city employee or official or any agreements or determinations resulting from mediation, arbitration or litigation concerning view equity claims or a view seeker's assertions pertaining to views granted or conferred herein. Nor shall the city have any liability because a particular neighborhood is granted or denied an exemption pursuant to Section 17.55.180 of this chapter.

(2)

Under no circumstances shall the city have any responsibility or liability to enforce or seek any legal redress, civil or criminal, for any decision that any other person or entity makes concerning a view equity claim.

(3)

A failure to comply with the provisions of this chapter is not a misdemeanor, and the enforcement of this chapter shall be only by the affected and interested private parties.

(Ord. No. 661, § 1, 10-12-2010)

A recognized and established neighborhood in the city may petition the city council for an exemption from this chapter. The factors the city council will consider in determining whether such an exemption should be granted shall include, but not be limited to, whether the neighborhood has unique or historic trees or trees

that provide shade or otherwise add to the character of the neighborhood, and whether the properties in the neighborhood have views of unique scenic vistas. A petition for exemption may be submitted by the authorized homeowners' association in the petitioning neighborhood or by a majority of the homeowners in the neighborhood. The procedures governing exemption petitions shall be established by resolution of the city council.

(Ord. No. 661, § 1, 10-12-2010)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.

The city council hereby declares that it would have adopted this and each section, subsection, phrase or clause of this chapter irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared invalid or unconstitutional on their face or as applied.

(Ord. No. 661, § 1, 10-12-2010)

Chapter 17.56 - ACCESSORY DWELLING UNITS[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 752, § 3(Exh. A), adopted August 26, 2025, amended Chapter 17.56 in its entirety to read as herein set out. Former Chapter 17.56, §§ 17.56.010—17.56.130, pertained to the same subject matter, and derived from Ord. No. 745, § 3(Exh. A), January 24, 2023; Ord. No. 749, § 3D(Exh. A-4), July 9, 2024.

17.56.010 - Intent.

The city recognizes the importance of affordable housing and an attractive, suitable living environment for all residents. The state legislature has declared that accessory dwelling units (ADUs) are a valuable form of housing in California. It is the intent of this chapter to permit ADUs, in conformance with state law, in designated zones subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods in a manner consistent with the city's general plan.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

17.56.020 - Definitions.

The following terms when used in this chapter will have the meanings provided in this section:

"Accessory dwelling unit" or "ADU" means a self-contained living unit located on the same parcel as a primary dwelling unit. An accessory dwelling unit also includes: (a) an efficiency unit, as defined in Health and Safety Code section 17958.1, and (b) a manufactured home, as defined in Health and Safety Code section 18007.

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

"Attached ADU" means an ADU that:

1.

shares at least one common wall with the primary dwelling unit; and

2.

is not fully contained within the existing space of the primary dwelling unit.

"Detached ADU" means an ADU that does not share a common wall with the primary dwelling unit and is not an internal ADU.

"Internal ADU" means an ADU that is fully contained within the existing space of the primary dwelling unit or an accessory structure.

"Junior ADU" or "JADU" means an ADU that is no more than 500 square feet in size and contained entirely within a single-family residence.

"Public transit" means a location where the public may access buses and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

17.56.030 - Permitting process.

A.

When Consistent With Standards.

1.

An ADU that complies with all standards in this chapter will be approved ministerially with an administrative permit. No discretionary review or public hearing is required.

2.

If a single-family or multi-family dwelling exists on the parcel upon which an ADU is proposed, the city will act on an application to create an ADU within 60 days from the date the city receives a completed application. If the applicant requests a delay in writing, the 60-day time period will be tolled for the period of the delay.

(a)

The city has acted on the application if it:

(1)

approves or denies the administrative permit for the ADU;

(2)

informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter and provides a list of items that are defective or deficient with a description of how the application can be remedied; or

(3)

determines that the ADU does not qualify for ministerial approval.

3.

If the ADU application is submitted with a permit application to create a new single-family dwelling on the parcel, the city may delay acting on the ADU application until the city acts on the permit application for the new single-family dwelling.

B.

When Dependent on Separate Construction. When a proposed ADU is dependent on the construction of a new building or new portion of a building which is not a part of the ADU ("separate construction"), the city will either:

1.

Accept and begin processing the ADU application only after acting on an application for the proposed separate construction; or

2.

Upon written request from the applicant, review and act on the ADU together with the separate construction as part of a single application. In this case, the ADU is subject to the same review procedures and requirements as the separate construction, and may not be occupied until a certificate of occupancy is issued for the separate construction.

C.

Variance from Standards. No variance from any requirement of this chapter may be approved, nor will any application for such a variance be accepted for processing through administrative review of an ADU by the community development department. Should a variance from any requirement of this chapter be requested, review of the application by the planning commission will be required pursuant to Chapter 17.66 of this code.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

A.

ADUs are permitted on legal lots with an existing single-family residence or in conjunction with a proposed single-family residence in the city's residential zoning districts: R-A-10, R-A-15, R-A-20, R-A-E, RPD, and A.

B.

ADUs are also permitted on legal lots with an existing multi-family residence or in conjunction with a proposed multi-family residence in the Mixed Use Overlay District.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

17.56.050 - Permitted numbers of ADUs on a legal lot.

A.

Single-Family Parcel.

1.

Except as provided in subsection (A)(2) below, one internal or attached ADU and one JADU, are permitted per parcel with a proposed or existing single-family dwelling.

2.

One detached, new construction or conversion of an existing structure, including a detached garage, ADU is permitted for a parcel with a proposed or existing single-family dwelling. The detached ADU may be combined only with a JADU as provided in subsection (A)(1) above.

B.

Multi-family Parcel.

1.

At least one internal ADU is permitted within an existing multi-family dwelling structure up to a maximum of 25 percent of the existing number of multi-family units within the portions of an existing multi-family dwelling structure that are not used as livable space.

2.

On a parcel with an existing multi-family dwelling, the number of ADUs may not exceed the number of existing dwelling units; provided, however, that the number of detached ADUs may not exceed eight.

3.

Not more than two detached ADUs may be located on a parcel where there is a proposed multi-family dwelling.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

The following development standards apply to ADUs:

A.

Maximum Size.

1.

The maximum size of an internal or attached ADU with one bedroom or less may not exceed 850 square feet.

2.

The maximum size of an internal or attached ADU with more than one bedroom may not exceed 1,000 square feet.

3.

Notwithstanding subsections A(1) and (2) above, if an attached ADU would exceed 50% of the floor area of the primary dwelling, the maximum size permitted is 800 square feet.

4.

The maximum size of a detached ADU is as follows:

(a)

850 square feet if one bedroom or less;

(b)

1,000 square feet for a detached ADU that provides more than one bedroom; or

(c)

800 square feet if combined on a lot with a JADU.

B.

Minimum Size. The minimum size of an internal, attached, or detached ADU must be no less than the minimum size necessary for the creation of an efficiency unit.

C.

Maximum Height. The maximum height of an ADU measured from the finished grade is as follows:

1.

A height of 16 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit.

A height of 18 feet for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height is permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A height of 18 feet for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling.

4.

A height of 25 feet or the applicable height limitation in the Zoning Code that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling.

5.

No ADU may exceed two-stories.

D.

Setbacks and Lot Coverage.

1.

An ADU must conform to the development standards for the underlying zone, including, but not limited to, standards for front, rear and side setbacks of at least four feet, and lot coverage. Notwithstanding the prior sentence, no applicable front setback, lot coverage, floor area ratio, or private open space standards will prohibit an ADU that does not exceed 800 square feet of floor area, a height of no more than 16 feet, and has four-foot side and rear yard setbacks, provided the ADU complies with all other applicable standards of this chapter.

2.

No additional setback is required for an existing living area or an accessory structure that is converted into an ADU or a portion of an ADU.

E.

Building and other Related Codes. An ADU must comply with all applicable building, health and fire codes, except that an ADU is not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit and the construction of an ADU will not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. In addition, the construction of an ADU will not constitute a Group R occupancy change under the city's building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless specific written findings based on substantial evidence in the record are made that the construction of the ADU could have a specific, adverse impact on public health and safety.

F.

Driveway Access. An ADU must be served by the same driveway access to the street as the existing primary dwelling unit, unless the ADU has access from a public alley contiguous to the lot, or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. No vehicular access via a bridle trail is permitted.

G.

Entrances. An attached or internal ADU must have a separate entrance to the ADU, which may be located on the front, side or at the rear of the primary dwelling unit and may also be served by a common entrance with the primary dwelling unit. No ADU will be required to provide a new passageway from the ADU to the street.

H.

Expansion of Existing Structure. An internal ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing primary dwelling or accessory structure; provided, however, any expansion beyond the physical dimensions of the existing primary dwelling or accessory structure will be limited to accommodating ingress and egress.

I.

Exterior Stairs. Exterior stairs should be located at the side or the rear of the primary dwelling to limit visibility from any public street.

J.

H District. If the lot on which the ADU is proposed is located within the horse overlay zone (H District), provisions for horses and horsekeeping areas pursuant to Chapter 17.36 (H District) of this code should be maintained to the extent possible and acceptable to the applicant; provided, however, that the application of such standards may not preclude the development of an ADU otherwise in compliance with chapter or unreasonably restrict the ability of an applicant to create an ADU.

K.

Manufactured Homes and Prefabricated Homes.

1.

A manufactured home is allowed as an ADU provided that it meets the following requirements:

(a)

provides a minimum of 320 square feet of floor area;

(b)

is built on a permanent chassis;

(c)

is designed for use as a single-family dwelling with or without a foundation when connected to the required utilities; and

(d)

includes plumbing, heating, air conditioning, and electrical systems within the home.

2.

A prefabricated or modular home is allowed as an ADU.

L.

Other Buildings and Structures. Any other building or structure constructed on the lot concurrent with or subsequent to the construction of an ADU under this chapter must comply with all applicable development standards of this title.

M.

Replacing or Converting Existing Structures.

1.

An internal ADU may be constructed within the existing structure regardless of whether such structure conforms to the current zoning requirement for building separation or setbacks.

2.

If an existing structure is demolished and replaced with an ADU, an ADU may be constructed in the same location and to the same dimensions as the demolished structure. A demolition permit for a detached garage that will be replaced by an ADU will be reviewed concurrent with the ADU application.

3.

If any portion of an existing structure crosses a property line, the structure may not be converted to or replaced with an ADU. For an existing structure within four feet of a property line, the applicant must submit a survey demonstrating that the structure does not cross the property line.

N.

Utility Services.

1.

All ADUs must be connected to public utilities, including water, electric, and sewer (or on-site septic) services and all such connections are subject to state law and the requirements of the serving utility provider.

Except as provided in subsection (3) below, the city may require the installation of a new or separate utility connection between the ADU and the utility. The connection fee or capacity charge must be proportionate to the burden of the proposed ADU based on either its square feet or the number of drainage fixture unit values as defined in the Uniform Plumbing Code.

3.

No separate connection between an ADU and the utility will be required for an internal ADU within a singlefamily dwelling, unless the ADU is being constructed in connection with a new single-family dwelling.

O.

Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource, as defined in Chapter 17.38 (Landmark Overlay Zones), for an attached ADU must be inset or separated by a connector that is offset at least 18 inches from the parallel side or rear building wall to distinguish it from the historic structure.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

Design of an attached or detached ADU will be administratively reviewed by the community development department under the city's ADU objective design standards which are available at: https://www.rollinghillsestates.gov/departments/adu.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

17.56.080 - ADU parking standards.

A.

Number. The parking requirement for an attached or detached ADU is one open or enclosed parking space per unit. No additional parking, or reconfiguration of existing parking on the lot, is required for an internal ADU.

B.

Location. Required parking spaces may be provided as tandem parking on a driveway. Off-street parking is permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

C.

Exemptions. No parking is required for an ADU in any of the following instances:

1.

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

2.

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

3.

The ADU is an internal ADU.

4.

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

5.

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

6.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this section.

D.

Conversion of Existing Parking Structures. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking stalls are not required for the demolished or converted parking structure.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

An application for an ADU that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a) of Government Code section 66323, will not be subject to any of the objective development or design standards in Sections 17.56.060 through 17.56.080 above that are not authorized by or consistent with the provisions of Government Code section 66323.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

An ADU may be rented if the rental term is for a period of 30 consecutive days or longer. The short-term rentals of an ADU for a period of less than 30 consecutive days is prohibited.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

A.

Number. One JADU is permitted per residential lot zoned for single-family dwelling units with an existing or proposed single-family dwelling.

B.

Size. A JADU may have a maximum size of 500 square feet and must be contained entirely within an existing or proposed single-family dwelling. For the purposes of this subsection (B), an existing attached garage is considered part of the single-family dwelling.

C.

Entrance. A JADU must include a separate entrance from the main entrance to the structure, which entrance must be on the side or rear of the primary residence.

D.

Kitchen. A JADU must include an efficiency kitchen that includes the following:

(1)

a cooking facility with appliances (which must include, at minimum, a sink, cooktop, and refrigerator); and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

E.

Owner Occupancy. The primary dwelling unit or the JADU must be occupied by the property owner (subject to certain temporary exceptions such as a medical or business necessity). Beginning one year after the approval date of the JADU, and annually thereafter, the property owner must file an annual report certifying under penalty of perjury that the property owner is the occupant of the primary dwelling unit or the JADU in order to ensure compliance with this condition. This owner-occupancy requirement does not apply if the owner is a governmental agency, land trust, or housing organization.

F.

Short-Term Rental Prohibited. A JADU that is not occupied by the owner of the property in conformance with this section may be rented provided that the rental term is for a period of 30 consecutive days or longer.

G.

Parking. No additional parking is required for a JADU.

H.

Sanitation. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU must share sanitation facilities with the single-family dwelling unit and must have direct access to the residence from the interior of the JADU.

I.

State Law. A JADU must comply with the requirements of Government Code section 66333-66339.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

A.

The application for an ADU in conformance with the provisions of this chapter will be reviewed by the community development director for compliance with this chapter. The application process will include a site inspection by a member of the community development department to examine the location of the proposed ADU.

B.

If the community development director determines that the application and evidence submitted show that the ADU will comply with the requirements of this chapter, the application will be approved; otherwise, the application will be denied.

C.

An application for an ADU will not be denied on the basis of preexisting nonconforming zoning conditions, building code violations, or unpermitted structures on the subject property that do not present a threat to public health and safety and are not affected by the construction of the proposed ADU.

D.

Any party aggrieved by the decision of the community development director may appeal the decision to the city manager within 15 days from the date of the director's decision. The grounds for such appeal and the city manager's review of the appeal are limited to compliance with the ministerial provisions of this chapter and applicable state law.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

Except as provided under state law, ADUs and JADUs are subject to all applicable permit and inspection fees adopted under Section 3.04.060 of this code, and ADUs are subject to all applicable public facility fees adopted under Chapter 17.74 of this code.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)

Except as expressly provided in this chapter, to the extent that any provisions of this code conflict with any provisions of this chapter, the provisions of this chapter will control. To the extent any provisions of this chapter conflict with state law, the mandatory requirements of state law will control, but only to the extent legally required.

(Ord. No. 752, § 3(Exh. A), 8-26-2025)