Division 5 — TEMPORARY USE PERMIT AND SPECIAL EVENT PERMIT

The intent and purpose of this division is to establish a process for reviewing proposed temporary uses and special events to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses and special events, with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A temporary use permit and special event permit allows for short-term activities that might not meet the normal development or use standards of the applicable zoning district but are considered acceptable due to their temporary nature.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Permit requirement. A temporary use permit or special event permit approved by the applicable review authority shall be required for all uses identified in this division and shall be issued before the commencement of the activity.

(b)

Exempt activities. The following temporary uses are exempt from requiring a temporary use permit or special event permit and other city approval. Uses other than the following shall comply with this division.

(1)

On-site contractor's construction yards, in conjunction with an approved construction project. The activity shall cease upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project.

(2)

Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at bookstores, opening receptions at art galleries).

(3)

Emergency public health and safety activities.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-849. - Allowed temporary uses and special events.

The following temporary uses and special events may be allowed, subject to a temporary use permit or special event permit by the applicable review authority. Uses other than the following shall comply with the

use and development regulations and permit requirements that otherwise apply to the property, except uses that are exempt from the provisions of this division in compliance with section 106-848 (Applicability).

(1)

Temporary use permit:

a.

Storage. Enclosed temporary storage, unrelated to a construction project, or exceeding 180 days, but in no case exceeding a maximum of one year. See division 19 of article IV (Temporary Storage Containers) for specific standards.

b.

Temporary entertainment and exhibit uses. Indoor or outdoor temporary entertainment and exhibit uses related or not related to the primary use of the property and compatible with the zoning district of the site and surrounding land uses. These temporary uses may include, but are not limited to, art exhibits and installations, museums, live or motion picture theatres, and interactive or immersive attractions, and may be permitted for more than 12 days but not more than six consecutive months.

c.

Temporary outdoor sales. Temporary outdoor sale of merchandise, in any commercial, industrial, or SP-5 zoning district, in compliance with the following provisions:

1.

There shall be no more than four sales in any calendar year.

2.

Each sale shall be limited to three consecutive days.

3.

The merchandise displayed shall be that customarily sold on the site.

4.

The site utilized for a permanently established business holding a valid business license certificate as required.

d.

Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sales of homes. A permit for a temporary real estate office may be approved for a maximum of one year.

e.

Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 18 months from the date of approval, as an accessory use or as the first phase of a development project.

f.

Temporary work trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed during construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force. The permit for a temporary work trailer may be granted for up to one year.

g.

Seasonal sales. The annual sales of holiday related items such as Christmas Trees, pumpkin lots/patches and similar items may be permitted in accordance with the following standards:

1.

Time period. Seasonal sales, including Christmas Tree and pumpkin lots, associated with holidays are allowed up to a month preceding and one week following the holiday.

2.

Goods, signs, and temporary structures. All items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.

3.

Parking. The director may require a shake-off area or alternative design to ensure that dirt is not deposited onto public streets.

h.

Temporary use of unattended collection boxes. A collection box is permitted as a temporary accessory to a principal permitted use with approval of site plan review by the community development director pursuant to division 6 of article V of this chapter and subject to the following:

1.

Definition. For the purpose of this section, "collection box" means an unattended canister, receptacle, or similar device, used for soliciting and collecting donations of salvageable goods and movable property, but not money or evidences of debt. This term does not include a recyclables container regulated by chapter 70 of this Code.

2.

Prohibition. No person, individual, firm, corporation, partnership, association, club, society, or other entity shall engage in any of the following without a permit in accordance with this section: (i) place, install, or maintain on any real property a collection box held out to the public for donations; (ii) extract any item from a collection box; or (iii) allow, aid, abet, or suffer any such action.

Application.

i.

Any requirement to show particular information on the site plan may be waived as the director deems appropriate.

ii.

The application shall include:

A.

The signed and notarized written consent to the application by the owner of the subject parcel of land;

B.

Contact information for the person responsible for the ongoing maintenance of the collection box; and

C.

Other information deemed appropriate by the director.

iii.

A permit may be issued only to a nonprofit entity that is eligible to solicit donations of salvageable personal property pursuant to Welfare and Institutions Code § 148.3.

4.

Duration.

i.

Written approval of a collection box under this section shall be considered a temporary permit and shall be valid for a period not longer than 24 months as set forth in the permit, unless otherwise provided by this section. The permit shall terminate earlier than the expiration stated therein if: (1) the permit is revoked on the grounds of non-compliance with the permit or other law; or (2) the collection box is abandoned for 30 days after the mailing date of the city's written notification to the permit holder of the abandonment.

ii.

The permit holder and the owner, tenant, and person or entity in control of the parcel of land on which the collection box is placed shall be jointly and severally liable for costs incurred in removing an unpermitted or abandoned collection box. The director may require a cash bond or other guarantee of removal of the temporary use upon expiration of the permit.

Zones. Collection boxes are prohibited in the city's residential zones, except on properties with any of the following land uses approved by conditional use permit: churches, temples or other places of religious worship or similar places of assembly, schools, nursery schools, hospitals, sanitariums, large community care facilities, museums, and libraries. This division shall prevail over the restriction against temporary structures at places of religious worship. The director may issue a temporary permit pursuant to this section for a period longer than 24 months if the applicant demonstrates that the collection box is customarily incidental to the principal use in accordance with the city zoning ordinance.

6.

Location. No collection box shall be placed:

i.

Within 500 feet of another collection box or a salvage and recycling business, or within 30 feet of the property line of any adjacent residentially zoned parcel. The director shall have discretion to waive or modify these distance restrictions if justified by the following: (i) the collection box is customarily incidental to the principal use; (ii) it will cause no significant adverse effect on adjacent property; and (iii) the public necessity, convenience, general welfare or good zoning practice.

ii.

Within a yard setback.

iii.

Within a required off-street parking space.

7.

Conditions of approval. Approvals shall be limited to one collection box per property. The director may impose conditions on a collection box permit to ensure compatibility with surrounding uses and to preserve the public health, safety, and welfare, including, without limitation, aesthetics and periodic review of compliance with this section.

8.

Maintenance. The collection box shall have a firmly closing lid. The permit holder and the parcel owner shall be responsible to:

i.

Maintain the premises in a clean, sanitary condition at all times, free from discarded items, garbage, and other waste.

ii.

Regularly empty contents to ensure the collection box does not exceed its capacity.

iii.

Remove any graffiti or material placed outside of the collection box within 24 hours.

9.

Size. The collection box shall not exceed six cubic yards in volume or six feet in height.

i.

Other temporary uses. The director of recreation and community services shall have the discretion to determine the required permit type for temporary and special uses not listed in this division.

(2)

Special event permit:

a.

Carnivals, fairs, and festival events. Carnivals, fairs, and festival events are subject to the following standards:

1.

Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a school or church.

2.

Time limit. When abutting or adjacent to a Residential District or a street that serves a Residential District the hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.

3.

Lighting. Lighting shall be hooded and directed away from residential uses.

b.

Special events and sales. Other short term special events may be permitted in accordance with the following standards:

1.

Location. Events are limited to non-residential districts.

2.

Number of events. No more than six events at one site shall be allowed within any 12-month period. Events shall not last more than five days per event and there shall be a minimum of 14 days between events.

3.

Products. The outdoor display area shall be directly related to a business occupying a primary structure on the same site.

4.

Existing parking. The available parking shall not be reduced to less than 90 percent of the minimum number of spaces required by this chapter.

c.

Indoor events. All event centers, as defined and permitted by this chapter, shall comply with the following standards, in addition to those identified in section 106-853 and section 106-852 (Conditions of Approval).

1.

Conformance with all applicable Building and Fire Code requirements for assembly uses including, but not limited to, egress, seismic retrofitting, and restrooms.

2.

Provision of off-street parking in accordance with article III, division 3, subdivision II (Off-Street Parking and Loading).

3.

Conformance with the following public health, safety, and welfare standards:

i.

When abutting residential uses or zoning, delivery and retrieval of event materials/props and set-up and take-down operations and activities shall occur only between the hours of 8:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 8:00 p.m. Saturday and Sunday.

ii.

Event staff shall monitor vehicle parking and retrieval to ensure there is no excessive noise before, during, or after events.

iii.

Event staff shall instruct event attendees to remain respectful of nearby residential areas and signage shall be clearly and conspicuously posted and maintained in parking areas with the following wording: "Event Guests and Event Staff, please remain respectful of nearby residential and commercial neighbors and refrain from making loud noises, playing music at high volumes, and accelerating vehicle engines. Thank you for your cooperation."

iv.

Event staff shall utilize at least one three-yard plastic recycle bin, one three-yard plastic refuse bin, and one green waste bin sized to public works environmental programs and operation division standard, which must

be located and filled within the interior of the event center building. After each event, all bins must be located on the outside of the event center building for city trash pick-up operations.

v.

All events and event-related activities shall occur within the interior of the event center building. No eventrelated activities or storage of event materials/props shall be permitted exterior of the event center building.

d.

Outdoor events. The following outdoor events may be allowed:

1.

Entertainment and assembly events. Outdoor entertainment and assembly events, including concerts, fairs, farmers' markets, festivals, flea markets, food events, fund-raisers, live entertainment, parades, outdoor sporting events, public relations activities, rummage sales, secondhand sales, swap meets, and other similar events designed to attract large crowds, and which are held on private or public property, for up to six days per calendar year or as determined appropriate by the director of recreation and community services.

e.

Other special events. The director of recreation and community services shall have the discretion to determine the required permit for temporary and special uses not listed in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Director review. The director shall be responsible for the review and approval of all permits for temporary uses not reviewed by the recreation and community services committee on permits and licenses.

(b)

Committee on permits and licenses. The recreation and community services department oversees the committee responsible for the review and approval of all permits for special events, unless reviewed by the director.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-851. - Application filing and processing.

An application for a temporary use permit or special event permit shall be filed with the applicable authority and processed as follows.

(1)

Application contents. The application shall be made on forms made by the community development department and shall be accompanied by the information identified in any applicable city handouts and permit applications.

(2)

Time for filing. A temporary use or special event permit application shall be filed as follows:

a.

Temporary use permit. A temporary use permit application shall be filed at least 14 days in advance of the proposed commencement of the use.

b.

Special event permit. A special event permit application shall be filed with the recreation and community services department at least seven days in advance of a proposed minor event, and 14 days in advance of a proposed major event. The director or committee shall determine whether a proposed special event or temporary event is minor or major, based on the characteristics of, and activities associated with, the event, and the likely impacts on the surrounding community.

c.

Additional permits required. Temporary uses and special events may be subject to additional permits and other city approvals, licenses, and inspections required by applicable laws or regulations.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The review authority may impose reasonable and necessary specific design, locational, and operational conditions in approving temporary use permit or special event permit as follows:

(1)

The use or event is limited to a duration that is no more than the maximum allowed duration, as determined appropriate by the review authority.

(2)

The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints.

(3)

The design, location, size, and operating characteristics of the proposed use are compatible with the existing land uses on-site and in the vicinity of the subject property.

(4)

The temporary use or activity will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this chapter.

(5)

The use or event will comply with all applicable provision of local, state and federal laws or regulations.

(6)

Any other pertinent factors affecting the operation of the temporary use or special event will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use or event, in compliance with the intent and purpose of this division:

a.

Conditions may require the provision of:

1.

Sanitary and medical facilities.

2.

Security and safety measures.

3.

Solid waste collection and disposal.

b.

Conditions may regulate:

1.

Nuisance factors, including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke, or vibrations.

2.

Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested.

3.

Temporary signs.

4.

Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

General standards. Standards for floor areas, heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards, which apply to the category of use or the zoning district of the subject parcel, shall be used as a guide for determining the appropriate development standards for temporary uses and special events. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.

(b)

Standards for specific temporary activities. Specific temporary land use activities shall comply with the development standards identified in article III (General Regulations), as applicable to the use, in addition to those identified in section 106-849 and section 106-852 (Conditions of approval).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The approval or denial of a temporary use permit or special event permit may be appealed in compliance with division 2 of article V. The procedures of section 106-809 (Summary of planning permits and actions) shall apply to the approval of the permit.

(1)

Condition of the site following a temporary use or special event. Each site occupied by a temporary use or special event shall be cleaned of debris, litter or any other evidence of the temporary activity, on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this chapter.

(2)

Revocation. A temporary use or special event permit may be revoked or modified, with only a 24-hour notice, in compliance with division 2 of article V (Hearing and Appeals).

(3)

Extension of the permit. The director may extend the operational length of a temporary use or special event if the delay is beyond the control of, and was not the result of actions by, the permittee.

(4)

Expiration of permit. A temporary use permit or special event permit shall be considered to have expired when the approved use has ceased or been suspended.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

DIVISION 6. - SITE PLAN REVIEW

The purpose of the site plan review procedure is to enable the director to check development proposals for conformity with the sections of this chapter in a manner that is also consistent with the general plan, any applicable specific plans, and adopted design guidelines.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Development. A site plan review permit shall be required for all projects that propose development, as defined in article VI, Definitions, of this chapter, of property within the City of San Fernando in addition to:

(1)

All new construction or exterior alteration of any existing building or structure which also requires a conditional use permit or a variance;

(2)

All new construction or major remodel of any existing building or structure in the PD Overlay, RPD Zone, MU Overlay, or SP-5 Zone;

(3)

All new construction or exterior alteration of any existing building or structure in a residential zone that involves 200 square feet or more of floor area or will extend the structure to a second floor;

(4)

All new construction or exterior alteration of any existing building or structure in a commercial or industrial zone that results in a 20 percent or more of the existing square footage or 500 square feet, whichever is less.

(5)

All new construction of any freestanding sign in all commercial and industrial zones, other than a monument sign or any electronic message center sign.

(6)

All new construction or alteration of any wireless communication facility that is determined not to be exempt pursuant to section 106-771 of this Code. Generally speaking, these facilities are located on private property, including city-owned property not located within the public right-of-way.

(b)

Exceptions. No site plan review permit shall be required for the following:

(1)

To confirm that the establishment of a new use with no development is permitted as a matter of right.

(2)

The continuation of previously approved or permitted uses, structures, or uses and structures, that are not subject to any building code or zoning ordinance regulations.

(3)

Sign permit applications proposing new or revised signage that meet the standards of division 9 of article III, Signs

(4)

Administrative planning review as outlined in division 7 of this article.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

The applicant shall submit copies of the site plan to the director. The number of copies required shall be as determined by the director. The applicant shall be required to pay appropriate fees as determined by city council resolution for processing site plan review applications.

(b)

The site plan shall be reviewed by the director for conformity with sections of this chapter, the general plan, any applicable specific plans, adopted design guidelines, policies and ordinances of the city. The plans may be conditionally approved and signed by the director which conditional approval stipulates that the development as shown, with any changes noted by the director, conforms to the development regulations of the zone.

(c)

Certain development regulations in the various zones are subject to commission review and approval. In these instances the site plan review application shall be submitted to the commission and the items in question shall be placed on the agenda. The commission may approve, disapprove or approve the proposed development with conditions on the site plan review application. The commission's findings shall be noted on the plans and recorded in the commission minutes.

(d)

When a site plan review is required, no building permit shall be issued until the site plan review application has been approved in accordance with this section, and no certificate of occupancy shall be issued unless

the development complies with the approved site plan review and all conditions attached thereto.

(e)

If the director determines that there are unusual circumstances or special conditions related to an application, the director may defer action and refer such application to the planning and preservation commission for final decision.

(f)

The applicant may appeal the decision of the director or the planning and preservation commission pursuant to section 106-817.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-858. - Application.

Except as required by state law, each application filed with the planning division shall be initially processed as follows:

(1)

Completeness review. The division shall review an application for completeness and accuracy before it is accepted as being complete and officially files. The division will consider an application complete when:

a.

All necessary application forms, documentation, exhibits, materials, maps, plans, reports, and other information specified in the application form, any applicable division handout, or any additional information required by the director have been provided and accepted as adequate; and

b.

All necessary fees and deposits have been paid and accepted.

(2)

Notification of applicant. The applicant shall receive written notification, within 30 days of submittal, that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided.

(3)

Expiration of application. If a pending application is not deemed complete within six months after the first filing with the division, the application shall expire and be deemed withdrawn, and any remaining deposit amount shall be refunded, subject to administrative processing fees.

(4)

Extension of application. The director may grant one six-month extension, upon written request of the applicant. After expiration of the application and extension, if granted, a new application, including fees,

plans, exhibits and other materials, will be required to commence processing of a new project application on the same property.

(5)

Additional information. After the application has been accepted as complete, the director may require the applicant to submit additional information needed for the environmental review of the project, in compliance with the California Environmental Quality Act.

(6)

Referral of application. At the discretion of the director, or where otherwise required by this title, state, or federal law, an application filed in compliance with this title may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-859. - Findings and decisions.

A site plan review may be approved, with or without conditions, only after first making specific findings as outlined below, and any additional findings required for the approval of specific land uses in article IV.

(1)

Findings for approval of non-housing development projects. The review authority shall only approve a site plan review permit application for a non-housing related project if it finds that the application is consistent with the purposes of this article and with the following:

a.

The applicable standards and requirements of this Code;

b.

The general plan and any applicable specific plan, community plan, ordinances or policies the city has adopted;

c.

Any applicable design guidelines/standards the city has adopted;

d.

Any approved tentative map, conditional use permit, variance, or other planning or zoning approval that the project required;

e.

The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, streetlights, traffic control

devices, and the width and pavement of adjoining street and alleys) will be available to serve the subject site.

f.

The proposed development will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements.

(2)

Findings for approval of housing development projects.

a.

The project does not have a specific, adverse impact on public health or safety. A "specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions in existence on the date the application was deemed complete.

b.

The project is consistent with the purpose and intent of this chapter, the requirements of the zoning district in which the site is located, and with all applicable development and objective design standards, as existed on the date the application was deemed complete.

c.

The project is consistent with the general plan and any applicable specific plan.

d.

The existing or proposed public facilities necessary to accommodate the project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.

(3)

Findings for denial or reduced density of housing development projects. Housing development projects consistent with the general plan, zoning code, and objective design standards can only be denied if the findings in Government Code § 65589.5(j)(1) can be made.

(4)

Findings for denial or reduced density of housing development projects with 20 percent affordability. Housing development projects with 20 percent affordable units and consistent with the general plan, zoning code, and objective design standards can only be denied if the findings in Government Code § 65589.5(d) can be made. Certain affordable housing projects shall be processed under the zone clearance, streamlined development process.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In granting approval of a site plan review permit, the review authority may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this article, the general plan, and any applicable operative plan or policy the city has adopted. The conditions shall ensure compliance with the applicable criteria and standards established by this Code or mitigation required pursuant to the California Environmental Quality Act (CEQA) review. Conditions may be related to the following objectives:

(1)

The proposed design will not lead to an overburdening of existing or planned infrastructure capacities, including, but not limited to, capacities for water, runoff, storm water, wastewater, and solid waste systems;

(2)

The proposed design will ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies and design guidelines adopted by the city council;

(3)

The proposed design will achieve the general purposes of this Code or the specific purpose of the zoning district in which the project is located;

(4)

The proposed project shall mitigate any potential impacts identified as a result of the environmental review conducted in compliance with the California Environmental Quality Act.

(5)

The proposed project shall provide the public facilities necessary to accommodate the project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, width and pavement of adjoining streets and alleys, etc.).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-861. - Post-approval procedures.

Procedures relating to appeals, notices, revocations and modifications, as identified in article V (Administration) in addition to those identified in article IV (Standards for Specific Land Uses and Activities), shall apply following the approval of a site plan review.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-862—106-866. - Reserved. DIVISION 7. - CONDITIONAL USE PERMITS Subdivision I. - In General

Sec. 106-867. - Purpose.

Under this chapter, conditional uses are those uses which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to fixed and established standards. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Application for a conditional use permit shall be filed according to division 1 of this article.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Upon receipt in proper form of a conditional use permit application, a public hearing shall be set, and notice of such hearing given in a manner consistent with the requirements contained in division 2 of this article.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

An investigation of the facts for each conditional use permit application shall be made by members of the planning and preservation commission or by its staff to ensure that the action on each application is consistent with the intent and purpose of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Following a public hearing on the conditional use permit application, the planning and preservation commission shall record its decision in writing and shall recite therein the findings of fact upon which it bases its decision.

(b)

The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only after it makes all of the following findings of fact:

(1)

The proposed use is one conditionally permitted within the subject zone and complies with all of the applicable sections of this chapter.

(2)

The proposed use would not impair the integrity and character of the zone in which it is to be located.

(3)

The subject site is physically suitable for the type of land use being proposed.

(4)

The proposed use is compatible with the land uses presently on the subject property.

(5)

The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

(6)

There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

(7)

There would be adequate provisions for public access to serve the subject proposal.

(8)

The proposed use would be appropriate in light of an established need for the use at the proposed location.

(9)

The proposed use is consistent with the objectives, policies, general land uses and programs of the city's general plan.

(10)

The proposed use would not be detrimental to the public interest, health, safety, convenience or welfare.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-872. - Use of property before final decision.

No permits shall be issued for any use involved in an application for approval of a conditional use permit unless and until the conditional use permit shall have become final, which includes payment of applicable fees for development and signing a statement accepting the conditions of approval included in the approved conditional use permit.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-873. - Compliance with conditions of approval.

To ensure continued compliance with this chapter, each approved conditional use permit shall include conditions of project approval that must be complied with in their entirety for the life of the project or until the use approved under the conditional use permit is amended or revoked pursuant to the requirements of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-874. - Revocation.

(a)

The planning and preservation commission may, on its own motion, or shall, upon direction of the city council, hear matters pertaining to revocation of conditional use permits granted under or pursuant to this chapter. The planning and preservation commission shall hold a public hearing regarding such matters. Notice of such hearing shall be published once in a newspaper of general circulation within the city and shall be served in writing either in person or by registered mail on the owner of the property for which such conditional use permit was granted at least ten days prior to such public hearing.

(b)

A conditional use permit may be revoked if the planning and preservation commission finds that one or more of the following conditions exist:

(1)

Circumstances have changed to such a degree that one or more of the findings of fact contained in section 106-909 or, if applicable, section 106-941, can no longer be made.

(2)

The conditional use permit was obtained in a fraudulent manner.

(3)

The use for which the conditional use permit was granted has ceased or was suspended for six or more successive calendar months.

(4)

One or more of the conditions of the conditional use permit have not been complied with.

(5)

The use has become detrimental to health, public welfare or safety and has been deemed to be a public nuisance pursuant to this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-875. - Post-approval procedures.

Conditional use permits granted pursuant to the provisions of this chapter that are valid and in effect, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the use permit application. However, should the activity approved by the use permit not be exercised for a consecutive period of one year with two six-month extensions as approved by the director, the use permit shall be deemed to be expired and shall become null and void. An applicant may request an extension by filing a written application with the director at least 30 days, but no more than six months prior, to the expiration of the approval. Upon expiration, further continuation of the activity on-site will require approval of a new conditional use permit.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-876—106-902. - Reserved. Subdivision II. - On-Site and Off-Site Sale of Alcoholic Beverages

The purpose of this subdivision is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of business establishments that include the sale of alcoholic beverages. The city recognizes the need to revitalize the city's commercial districts by promoting hospitality, entertainment, recreation and related business that may include the sale of alcoholic beverages as an important part of their business operation. The city also recognizes that alcohol abuse can have an adverse impact on the environment that not only jeopardizes the city's long term redevelopment strategies for revitalization of the commercial districts but can also seriously affect the public health, safety, and general welfare in the surrounding areas, including the residential neighborhoods.

The intent of this subdivision is to address and prevent alcohol-related impacts, including drunk driving, public inebriation, littering, loitering, obstruction of pedestrian and vehicular traffic, harassment of passerby's, encouragement of crime, defacement of buildings or structures, graffiti, excessive noise and other similar zoning problems and public nuisance activity.

The following provisions shall apply to the sale of alcoholic beverages for onsite or offsite consumption, as applicable, and are in addition to the provisions set forth in sections 106-867 through 106-875.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-904. - Supplemental findings for off-sale and on-sale CUPs.

(a)

In addition to those findings set forth in section 106-871, applications for conditional use permits involving any use that involves the sale, serving, and/or consumption of alcoholic beverages shall require the planning and preservation commission to make the following findings:

(1)

That the existing or proposed use does not or will not encourage or intensify crime within the reporting district that it is located;

(2)

That the existing or proposed use does not or will not adversely impact any residential use, church, hospital, educational institution, day care facility, park, or library within the surrounding area;

(3)

That the distance separation requirements in section 106-905 are met;

(4)

If required by section 106-906, that the existing or proposed use will serve a public convenience or necessity, as defined in section 106-906.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-905. - CUP distance separation.

(a)

The planning and preservation commission may approve an application for a conditional use permit to allow for the sale of alcoholic beverages only if it finds that the proposed use meets the following applicable distance separation requirements:

(1)

A minimum 600 feet from any residential use, church or other place of worship, hospital, educational institution, nursery school, day camp, day care center, public park, or playground, as measured from the closest property line of each use;

(2)

A minimum 600 feet from similar off-sale or on-sale outlets, as applicable.

(b)

In addition, the planning and preservation commission may approve an application for a conditional use permit to allow for the sale of alcoholic beverages at a liquor store only if it finds that the proposed use meets the following applicable distance separation requirements:

(1)

A minimum 1,000 feet from any residential use, church or other place of worship, hospital educational institution, nursery school, day camp, day care center, public park, or playground as measured from the closest property line of each use;

(2)

A minimum 1,000 feet from another liquor store.

(c)

Exceptions. The following uses have no distance separation requirements:

(1)

Bona fide public eating places.

(2)

Drug stores, grocery stores, supermarkets, or specialty food stores.

(3)

Businesses manufacturing or wholesaling alcoholic beverages where permitted or conditionally permitted within the industrial zones.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-906. - Factors for determining public convenience or necessity.

(a)

Whenever a request for a determination of public convenience or necessity in connection with the issuance of a license for the sale of alcoholic beverages by the ABC is submitted to the city as allowed under Business and Professions Code § 23958.4, as the same may be amended from time to time, the planning and preservation commission, in making that determination, shall consider the following:

(1)

Whether the sale of alcoholic beverages as part of the proposed use would serve a niche market in the city that would not otherwise be filled by other existing businesses with alcoholic beverage licenses in the surrounding area;

(2)

The extent to which the proposed use enhances the convenience of purchasing alcoholic beverages in conjunction with other specialty food sales or services;

(3)

The extent to which the proposed use in conjunction with the redevelopment of an existing or proposed building or structure will enhance the architectural character at the location of the proposed use and the surrounding area;

(4)

The manner in which the proposed use is to be conducted (special or unique features), including the extent to which the proposed use will include training of employees through ABC or an authorized third party to assure well-trained staff knowledgeable in the serving of alcoholic beverages safely, responsibly, and legally as well as in order to prevent illicit drug activity at the location of the proposed use;

(5)

The extent to which the proposed use compliments uses in the surrounding area;

(6)

The extent to which the proposed use, location, and/or operator has a history or law enforcement problems;

(7)

The crime rate in the reporting district as compared to neighboring districts in the city and/or adjacent cities;

(8)

The number of alcohol-related police calls for service, crimes or arrests in the reporting district and adjacent districts within the city.

(b)

Nothing contained in this subsection shall be deemed or construed as requiring the planning and preservation commission to issue a determination of public convenience or necessity under this subsection, or as conferring upon the applicant a right to have a determination of public convenience or necessity.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-907. - Exempted uses.

The following uses are exempt from the requirements of section 106-904:

(1)

Florist shops, provided the sale of alcoholic beverages in the premises are an incidental part of floral arrangements;

(2)

Catering businesses with a required license from ABC that is maintained in good standing;

(3)

Temporary alcohol sales as part of a special event that is catered by an ABC-licensed business not otherwise associated with an on-sale or off-sale CUP, subject to approval by the director or designee;

(4)

Clubs with a club license, except that rental of halls or other onsite facilities for private events are not exempt and would require approval of an on-sale CUP; and

(5)

Use that is a legally non-conforming use for the sale of alcoholic beverages prior to the enactment of this section, so long as it maintains an ABC license in good standing and is in compliance with all prior conditions of approval required as part of any city issued permits.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

In addition to those conditions of approval which the planning and preservation commission may otherwise impose, all off-sale CUPs shall be subject to the following standard conditions:

(1)

No beer or wine shall be displayed within five feet of the cash register or the front door unless such item is in a permanently affixed cooler.

(2)

No display or sale of alcoholic beverages shall be made from an ice tub. An "ice tub" is a vessel filed with ice that displays single servings of alcoholic beverages for customer self-service.

(3)

No sale of alcoholic beverages shall be made from a walk-up or drive-in window.

(4)

Alcoholic beverages and non-alcoholic beverages shall be stocked and displayed separately.

(5)

The sales area shall be located so that the clerk and customer are fully visible from the street at the time of the sales transaction.

(6)

The cash register and sales area shall be illuminated so as to provide clear observation for law enforcement surveillance.

(7)

Alcoholic beverages shall not be consumed on the premises.

(8)

No off-sale outlet selling alcohol may use a self-service checkout system.

(9)

Interior and exterior signs stating the consumption of alcoholic beverages on the premises is prohibited by law shall be conspicuously posted onsite.

(b)

In addition to those conditions of approval which the planning and preservation commission may otherwise impose, all on-sale CUPs shall be subject to the following standard conditions:

(1)

Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the CUP application;

(2)

Alcoholic beverages shall not be sold for consumption off the premises;

(3)

The hours of operation, including deliveries to the proposed establishment, shall be reviewed and approved by the planning commission as part of the CUP application in order to ensure compatibility with the surrounding area;

(4)

All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of ABC. Records of such training shall be maintained on the premises and made available to the police department personnel upon request;

(c)

In addition to those conditions of approval which the planning and preservation commission may otherwise impose, both off-sale and on-sale CUPs shall be subject to all of the following standard conditions:

(1)

Loitering in the public right-of-way, parking area and in front of adjacent properties is prohibited.

(2)

Windows shall comply with the city's sign regulations in order to provide clear and unobstructed view of the cash register and sales area from the parking lot and street. Exceptions for on-sale outlets may be reviewed and approved by the chief planning official.

(3)

The following signs shall be conspicuously posted onsite:

a.

Exterior signs referencing Penal Code § 602.1. Such signs shall be clearly visible from the establishment's parking area and shall include the police department's phone number.

b.

An interior sign in English and Spanish stating: "We ID everyone under 26 years of age for alcohol sales" with minimum dimensions of eight inches by 11 inches.

(4)

Exterior public telephones that permit incoming calls shall not be located on the premises.

(5)

Electronic games, including video games, shall not be located on the premises.

(6)

Exterior lighting of the parking area shall provide adequate lighting for patrons while not producing glare or light spillover disturbing surrounding residential or commercial areas.

(7)

A security camera system approved by the police department shall be installed on the premises and shall be maintained in proper working order at all times. The security camera system shall be subject to inspection by the police department. The system must be capable of producing retrievable images on film or tape that can be made a permanent record and that can be enlarged through projection or other means. The video or digital recordings generated by the system shall be maintained for a period of 30 days.

(8)

The establishment shall implement preventive architectural design features as approved by the chief of police and the chief planning official in order to maintain a secure site by controlling access to the facility, open sight lines, adequate lighting levels, ambient noise levels and circulation patterns.

(9)

Special security measures such as security guards, door monitors, and burglar alarms systems may be required as a condition of approval with final determination made by the chief of police and the chief planning official on a case-by-case basis.

(10)

Litter and trash receptacles shall be located at convenient locations both inside and outside the establishment, and trash and debris shall be removed on a daily basis.

(11)

The exterior of the establishment, including all signs, accessory buildings and structures shall be maintained free of litter and graffiti at all times. All graffiti shall be removed from the premises within 24

hours of its discovery.

(12)

With regard to those CUP applications that are approved based in part upon the fact that alcohol sales on the premises are incidental to the sale of other products, proof satisfactory to the chief planning official shall be annually submitted to show that the sale of alcohol has remained incidental to the sale of other products.

(13)

Within 30 days of approval of the CUP, applicant shall certify his or her acceptance of the conditions placed on the approval by signing a statement that he or she accepts and shall be bound by all of the conditions.

(14)

Violation of, or noncompliance with, any of the conditions shall constitute grounds for revocation of the CUP.

(15)

Expansion or enlargement of the business premises over the life of the structure or the use shall be subject to the CUP approval process.

(d)

The planning commission or the city council, whichever the case may be, may waive or modify the enumerated standard conditions, based upon the particular circumstances of the proposed use and provided the required findings for the approval of a conditional use permit as set forth under section 106909 can be made despite the exclusion or modification of certain standard conditions and the following additional findings are made:

(1)

The condition(s) is/are unnecessary or infeasible given the proposed use or are less stringent than, or in conflict with, more stringent conditions and requirements of the alcohol sales license issued by the California Department of Alcoholic Beverage Control under which the contemplated sales are authorized.

(2)

The applicant has submitted information that is substantial and compelling to support the waiver or modification of the enumerated standard(s).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In addition to the conditions justifying revocation under section 106-874, an off-sale or on-sale CUP may be revoked under any of the following circumstances:

(1)

Upon the issuance of, and conviction for, three zoning violation citations;

(2)

Upon the revocation of the alcoholic license by ABC;

(3)

Upon any two disciplinary actions by ABC in the form of a fine or suspension of the alcoholic license, during the term of the CUP; or

(4)

Where conditions and activities on and/or adjacent to an off-sale or on-sale outlet, as defined herein, interfere with the quiet enjoyment of life and property in the neighborhood, or are or tend to be, injurious to health and safety of persons in the neighborhood. These include, but are not limited to, the following:

a.

Excessive noise, noxious smells or fumes, loitering, littering, curfew violations, disturbing the peace, illegal drug activity, public drunkenness, drinking in public, public urination, public vandalism, graffiti, lewd conduct, gambling, harassment of passersby, prostitution, sale of stolen merchandise, illegal parking, traffic violations, theft, assaults, batteries;

b.

Illegal sale, manufacture, storing, possession, distribution of alcoholic beverages; or

c.

Police detention, citation, and/or arrests for these or any other unlawful activity attributed to the sale and/or consumption of alcoholic beverages declared by the city to be a public nuisance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-910—106-937. - Reserved. DIVISION 8. - VARIANCES

This division is intended to relieve the owner of property from any inability to make reasonable use of his property in the same manner that other property of like character in the same vicinity and zone can be used. A variance which may be granted only by the planning commission shall not be granted which confers a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in which the subject property is situated or which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-939. - Application.

Application for a variance from this chapter shall be filed in a manner consistent with the requirements contained in division 1 of this article.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-940. - Hearings and notices.

Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with division 2 of this article.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

An investigation of facts for each variance application shall be made by the planning commission, the director, or their staffs to ensure that the action on each application is consistent with the intent and purpose of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Following a public hearing on a variance application, the planning commission shall record the decision in writing and shall recite therein the findings of fact upon which such decision is based. The commission may approve and/or modify an application in whole or in part, with or without conditions, only after it makes all of the following findings of fact in a positive manner:

(1)

There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings such that strict application of this chapter deprives such property of privileges, enjoyed by other property in the vicinity and under the identical zoning classification.

(2)

The granting of such variance will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone in which the property is located.

(3)

The granting of such variance will not be contrary to or in conflict with the general purposes and intent of this chapter, nor to the goals and programs of the general plan.

(4)

The variance request is consistent with the purpose and intent of the zone in which the site is located.

(5)

The subject site is physically suitable for the proposed variance.

(6)

There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety.

(7)

There will be adequate provisions for public access to service the property which is the subject of the variance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-943. - Use of property before final decision.

No permits shall be issued for any use involved in an application for approval of a variance until and unless the variance shall have become final.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-944—106-950. - Reserved. DIVISION 9. - MODIFICATIONS

Sec. 106-951. - Purpose.

The purpose of this chapter is to establish minor accommodations to prescribed development standards, and to establish procedure that may permit the granting of a requested modification.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-952. - Development standards subject to modification.

Upon application by a property owner, modifications to the following development standards may be granted as provided within this chapter. They are as follows:

(1)

Sections 106-43, 106-73 and 106-103 regarding minimum setback dimensions. The director may reduce front and rear setback requirements a maximum often percent for lots having a depth greater than 100 feet and a maximum of two feet (minimum setback three feet) for side yards for lots having a width greater than 50 feet if the director finds that the impact of the setback reduction will be in keeping with the general overall surrounding environment. Exceptions identified in section 106-188 are not required to obtain a modification permit.

(2)

Subsection 106-188(c) regarding exceptions to setback depths. The director may use the average setback depth of the closest conforming use when determining the building line setback depth for a vacant parcel situated between conforming and nonconforming uses abutting the same street if the director finds that the proposed development activity furthers the goals of the land use element of the general plan and does not adversely affect the air, light and fire safety of the adjoining nonconforming use.

(3)

Subsection 106-286(1) regarding minimum parking stall dimensions for covered parking space for residential uses. The director may reduce the minimum parking stall length and width size for residential use by ten percent if the director finds that reduction in dimensional size allows adequate area for ingress and egress circulation movement to the covered space.

(4)

Sections 106-74 and 106-104 regarding commercial and industrial development standards pertaining to lot coverage, landscaping, parking and loading, and signs. The director may make the following accommodations if alternative project design solutions demonstrate the need for minor adjustments and if the solution proposal will be compatible to the character of the surrounding development. Allowable accommodations are as follows:

a.

Lot coverage: A maximum increase of five percent.

b.

Landscaping: A maximum one-percent reduction from landscaping requirement permitting nine percent in commercial zones and 14 percent in industrial zones.

c.

Parking and loading: A maximum five-percent reduction from parking space requirements and from dimensional area requirements for off-street loading space provided that the reduction will result in an enhanced level of vehicular circulation and safety.

d.

Signs: A maximum increase of one linear foot in height pertaining to sign height requirements and a maximum increase of five square feet pertaining to sign area requirements.

(5)

Section 106-1027 pertaining to construction or reconstruction of nonconforming structures. The director, notwithstanding sections 106-1023 and 106-1027, may permit replacement of an existing structure along the same building footprint as the then-existing structure if the director finds the replacement construction or reconstruction proposal will be substantially similar to the structure being replaced, furthers the development requirements of the zone, restores the structure to a safe condition and not detrimental to the character of the surrounding properties, and is the only feasible means to achieve a workable solution.

(6)

Section 106-43 pertaining to required separation distance between structures. The director may permit a reduction of ten percent of the required distance between the main structure and a detached accessory structure.

(7)

Section 106-374(10) regarding exceptions to the maximum height of fences and walls. The director may increase the maximum height of fences and walls by 20 percent if the director finds that the increase will maintain visibility standards in the front yard and comply with building code requirements.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-953. - Approval and referral authority.

Unless otherwise specified, the approval authority for a modification from this chapter shall be the director. If, in the opinion of the director, an application requires review by a superior body, the director may refer such application to the planning commission.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-954. - Notice.

No public notice shall be required.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-955. - Restrictions and conditions.

In granting a modification to this chapter, the deciding authority may impose such restrictions or conditions as it deems necessary or proper to benefit the public health, safety and general welfare.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-956. - Appeals from decisions.

Under this chapter, the applicant or any person aggrieved by any decision on a modification made by the director may appeal such decision to the planning commission. The applicant or any person aggrieved in a similar matter by any action taken by the commission may appeal such decision to the city council. Appeals shall be filed as provided in section 106-838. If appealed, the decision by the deciding authority shall be stayed pending the outcome of such appeal.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-957—106-1018. - Reserved.

DIVISION 10. - AMENDMENTS TO GENERAL PLAN TEXT, GENERAL PLAN LAND USE MAP, ZONING CODE TEXT, ZONING MAP, AND SPECIFIC PLAN AMENDMENTS

Sec. 106-1019. - Purpose.

The city council may amend this chapter whenever required by public necessity, convenience and general welfare.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1020. - Applicability.

(a)

Initiation. An amendment to this chapter may be initiated in the following manner:

(1)

A resolution of intention of the planning commission; or

(2)

A resolution of intention of the city council.

(b)

Initiation. An amendment to the official zoning map or the general plan may be initiated in the following manner:

(1)

A resolution of intention of the planning commission;

(2)

A resolution of intention of the city council; or

(3)

An application from any other person or agency pursuant to division 2 of article II of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1021. - Application filing and processing.

(a)

Findings. An amendment to this chapter may be adopted by the city council only if the following findings of fact can be made in a positive manner:

(1)

The proposed amendment is consistent with the objectives, policies, general land uses and programs of the city's general plan; and

(2)

The adoption of the proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.

(b)

Hearing and notice. Upon initiation of a resolution of intention, and following an investigation, public hearings shall be set and notice of such hearings given in a manner consistent with the requirements contained in division 2 of article II of this chapter.

(c)

Findings. An amendment to the official zoning map or General Plan may be adopted by the city council only if the following findings of fact can be made in a positive manner:

(1)

The proposed amendment is consistent with the objectives, policies, general land uses and programs of the city's general plan; and

(2)

The adoption of the proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.

(d)

Hearing and notice. Upon receipt in proper form of a zoning map amendment application or initiation of a resolution of intention and following an investigation, public hearings shall be set and notice of such hearings given in a manner consistent with the requirements contained in division 2 of article V of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

DIVISION 11. - NONCONFORMING STRUCTURES AND USES

Sec. 106-1022. - Intent and purpose.

Within the zones established by this chapter or amendments that may be adopted, there exist or will exist lots, structures, and uses of land and structures which were lawful before the adoption of the ordinance from which this chapter derives or amendment of this chapter, but which no longer comply. The intent of this division is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their survival. Such uses and structures are declared to be incompatible with permitted uses, structures and standards in the zones involved, and it is intended that they shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as may be expressly permitted in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1023. - Adding new uses and structures.

When a nonconforming use or structure exists on any lot or parcel of land, no new use or structure may be established or built on such land unless the required lot area, dimensions, yards and open spaces are provided for each existing and proposed use, structure and improvement. These uses shall be so located on the lot or parcel of land that, if it is divided into smaller lots or parcels, each of the parcels will contain the area, dimensions, yards and open space required and the number and location of structures on each will comply with the requirements of this chapter when considered as a separate lot or parcel. When there is the intent to divide or subdivide, additional conforming structures shall not be permitted until after the parcel has been divided or subdivided in accordance with law. Access acceptable to the city shall be provided to all lots where such division is permitted.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In any residential zone a dwelling and accessory buildings of the type permitted in such zone may be erected on any single lot lawfully created and of record on the effective date of the ordinance from which this chapter derives or amendment of this chapter, notwithstanding limitations on lot area, width or depth imposed by other sections of this chapter or the ordinance. Yard and outdoor living and open space requirements shall be complied with unless waived by variance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

A lawful use of a structure, or of a structure and land in combination, under the terms of this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following:

(1)

No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this chapter.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance from which this chapter derives or at the time of amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no more detrimental to the zone than the existing nonconforming use. In permitting such change, the commission may require appropriate conditions and safeguards.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive calendar months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.

(6)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the nonconforming use of the land. Destruction for the purpose of this subsection means damage to an extent of more than 50 percent of the replacement cost of the structure immediately prior to destruction.

(7)

When a nonconforming use of a structure is replaced by a more restrictive nonconforming use, the occupancy may not thereafter revert to a less restrictive use.

(8)

If provision is made for the termination date of such use, any use of such land after termination shall conform to the requirements of this chapter for the zone in which it is located.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1026. - Continuation of nonconforming use of structure.

A lawful use of a structure, or of a structure and land in combination, under the terms of this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following:

(1)

No existing structure devoted to a use not permitted by this chapter in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this chapter.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance from which this chapter derives or at the time of amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the planning commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no more detrimental to the zone than the existing nonconforming use. In permitting such change, the commission may require appropriate conditions and safeguards.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive calendar months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.

(6)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the nonconforming use of the land. Destruction for the purpose of this subsection means damage to an extent of more than 50 percent of the replacement cost of the structure immediately prior to destruction.

(7)

When a nonconforming use of a structure is replaced by a more restrictive nonconforming use, the occupancy may not thereafter revert to a less restrictive use.

(8)

If provision is made for the termination date of such use, any use of such land after termination shall conform to the requirements of this chapter for the zone in which it is located.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1027. - Continuation of nonconforming structures.

(a)

Any structure made nonconforming by this chapter as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following:

(1)

Such structure may not be enlarged or altered in a way which increases its nonconformity, except as specifically provided for by this chapter.

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost immediately prior to destruction, it shall not be reconstructed except in conformity with this chapter.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

(4)

Such structure may be repaired provided:

a.

The work consists only of the repair and replacement of nonbearing walls, fixtures, wiring or plumbing;

b.

Where the aggregate costs do not exceed the current assessed value of the improvements; and

c.

Where the cubic space within the structure as it existed at the time of adoption or amendment of this chapter is not increased.

(5)

If provision is made for the termination of such structure or its nonconforming characteristics, any use of such land after the termination date shall conform to the requirements of this chapter for the zone in which it is located.

(6)

An existing nonconforming dwelling in a C-1 or C-2 Zone destroyed more than 50 percent of its replacement cost immediately prior to destruction may be rebuilt on the same building footprint, provided that:

a.

The property is 5,000 square feet or less in size, and could not feasibly be developed separately as a commercial facility.

b.

The property fronts on a residential street, and not along a commercial thoroughfare.

(b)

Notwithstanding any of the foregoing provisions of this section or any other subsection of this section, a nonconforming structure shall not be changed in its utilization to another use in any land use zone until the structure meets all applicable requirements for new construction for the use under the various ordinances and Code provisions of this city then in effect, including, but not limited to, building and fire code provisions and property development standards for the particular zone.

(c)

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city or state official charged with protecting the public health or safety, upon order of such official.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1028. - Cost of replacement.

In the absence of proof to the contrary, replacement cost as used in this division shall mean the assessed value of the structure at the time of the destruction.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Any structure for which a valid building permit has been granted prior to the adoption of the ordinance from which this chapter derives or amendment to this chapter, as the case may be, and the actual construction of which has been started prior to the effective date of the ordinance from which this chapter derives or amendment to this chapter may be completed in accordance with the plans and specifications on file in the building department, even though not conforming with this chapter or amendments thereto, as the case may be, provided:

(1)

The construction of proposed use of the structure is not in violation of any other ordinance or law; and

(2)

Work on construction of the structure is diligently carried on and completed within a reasonable time.

(b)

Actual construction shall be deemed to have started when construction materials have been placed in permanent position and have been permanently fastened. Excavation which has been substantially begun preparatory to rebuilding shall be deemed to be actual construction if carried on diligently to and including rebuilding.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1030. - Additions and alterations to nonconforming public use.

Under this chapter, additions, extensions and alterations may be made to any nonconforming public use, including, but not limited to, schools, parks, libraries and fire stations, if the addition, extension or alteration does not:

(1)

Extend beyond the boundaries of the site in existence when the use became nonconforming; and

(2)

Infringe upon any off-street parking required by this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1031. - Uses under variance or conditional use permit.

Uses and buildings which are existing under a variance or a conditional use permit granted under this chapter or any previous ordinance shall not be considered as nonconforming and shall be permitted to continue under the conditions and regulations imposed in the permit or variance and may be expanded or enlarged upon first obtaining a conditional use permit under division 7 of article V.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1032. - Conduct terminating nonconforming use.

Under this chapter, the right to continue a nonconforming use shall terminate as follows:

(1)

Changing such use to another use not permitted in the zone, except as expressly permitted in this division.

(2)

Increasing or enlarging the area, space or volume occupied or devoted to such use, except as expressly permitted in this division.

(3)

Adding a conforming or nonconforming use, except as permitted in this division.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1033. - Termination of existing nonconforming use.

Under this chapter, a lawfully established use which becomes a nonconforming use, including any buildings, structures or facilities designed or intended only for uses which are nonconforming, shall be terminated and such buildings, structures or facilities shall be removed or made conforming in all respects within the time period specified in subsection (1) or (3) of this section, whichever is applicable and results in the later termination date.

(1)

The time period indicated in the following table measured from the date of becoming a nonconforming use:

(2)

All nonconforming signs shall be made to conform or be removed within 30 days of: a change of ownership of the business, or a building is renovated more than 50 percent of its valuation within any one-year period, or a nonconforming sign is destroyed more than 50 percent of its valuation. Furthermore, such nonconforming signs shall be permitted to continue past the amortization period only if a conditional use permit is granted by the planning commission.

(3)

The time period indicated in the following table measured from the date of construction of the most recently constructed main building or other major facilities which are designed or intended for the nonconforming use:

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Nonconforming business signs may be abated at any time subsequent to the date such signs become nonconforming, provided that no business sign shall be compelled to be removed or abated, and its customary maintenance, use, or repair shall not be limited, without the payment of fair and just compensation.

(b)

For purposes of compliance with this section, fair and just compensation will be calculated pursuant to Business and Professions Code §§ 5492 and 5493. Notwithstanding the other provisions of this section, the city may remove, without compensation, the following business signs:

(1)

A nonconforming business sign located in the city's R-1, R-2, R-3 or RPD Zones or in an area zoned for agricultural use which has been in existence for a period of 15 years from August 6, 1983. For purposes of this subsection only, every business sign has a useful life of 15 years. Fair and just compensation for business signs described in this subsection required to be removed during the 15-year period and before the amortization period has lapsed shall be entitled to fair and just compensation which is equal to onefifteenth of the duplication cost of construction of the business sign being removed multiplied by the number of years of useful life remaining for the sign as determined by this subsection.

(2)

Any business sign erected without first complying with all of this chapter at the time of its construction, erection or use.

(3)

Any business sign which was lawfully erected, but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than 90 days. Costs incurred in removing an abandoned sign shall be charged to the legal owner.

(4)

Any business sign which has been more than 50 percent destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within 30 days of the date of its destruction.

(5)

Any business sign whose owner, outside of a change of copy, requests permission to remodel and remodels that sign, or expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds 50 percent of the cost of reconstruction of the building.

(6)

Any business sign whose owner seeks relocation thereof and relocates the sign.

(7)

Any business sign for which there has been an agreement between the sign owner and the city for its removal as of any given date.

(8)

Any business sign which is temporary.

(9)

Any business sign which is or may become a danger to the public or is unsafe.

(10)

Any business sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city.

(11)

Any business sign located in a redevelopment project area created pursuant to the Community Redevelopment Law (part 1 of division 24 of the Health and Safety Code, Health and Safety Code § 33000 et seq.), or an area listed or eligible for listing on the National Register of Historic Places, or an area registered by the department of parks and recreation as a state historical landmark or point of historical interest pursuant to Public Resources Code § 5021 or an area created as a historic zone or individually designated property by the city, pursuant to article 12 of chapter 1 of division 1 of title 5 of the Government Code (Government Code § 50280 et seq.).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1035. - Revocation of nonconforming use or structure.

The council may, after notice and public hearing, revoke the right to continue a nonconforming use or structure as follows:

(1)

Notice. Notice shall be mailed to the recorded owner of the property not less than 20 days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by the owner at the time and place specified for the hearing to show cause why the permit should not be revoked.

(2)

Council action. Within 30 days after the public hearing, the council may by resolution revoke or modify the nonconforming status of the use or structure.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1036. - Exemption for religious, educational, charitable, public utility uses.

Nothing in this chapter pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance, or removal or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding and continued use of nonprofit, public or private religious, educational, charitable or public utility buildings, structures, equipment, and facilities. However, any expansion or rebuilding beyond the original building footprint or internal reconstruction resulting in additional capacity shall be subject to conditional use permit approval. For this purpose, the term "expansion" means enlargement or moving into another portion of the same property or into immediately adjacent property.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-1037—106-1064. - Reserved. DIVISION 12. - DEVELOPMENT AGREEMENTS

Sec. 106-1065. - Findings and declaration of intent.

(a)

The California Legislature in Government Code § 65864 has found that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.

(b)

The city council finds and determines that the public safety, health, convenience, comfort, prosperity, and general welfare will be furthered by the adoption of this division in order to provide a mechanism for the enactment of development agreements in order to implement various goals and objectives of the city's general plan and to provide flexibility for the implementation of certain development project approvals for the development of particular projects and to provide a mechanism for allowing expenditures to respond selectively to development proposals, including assurances of adequate public facilities at the time of development, proper timing and sequencing of development, effective capital improvement programming to accomplish the foregoing purposes and aims and the realization of the benefits to be derived therefrom.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1066. - Purpose of development agreement.

Development agreements enacted pursuant to this division are to assure the qualified applicant for a development project that upon approval of the development project by the city, the qualified applicant may proceed with the development project in accordance with certain existing policies, rules and regulations, and subject to specified conditions of approval. Development agreements will also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical fashion to the benefit of the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1067. - Authority for adoption.

This division pertaining to development agreements for the implementation of development projects, is adopted under the authority of Government Code §§ 65864 through 65869.5, as amended.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1068. - Forms and information.

(a)

The director shall prescribe the form of each application, notice, and documents provided for or required under this division for the preparation and implementation of development agreements consistent with the provisions of this division and chapter.

(b)

The director may require an applicant for a development agreement to submit such information and supporting data as the director, city council, and other agencies to which the applicant is referred under this division and chapter, which are considered necessary to properly process the application.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1069. - Fees.

The city council shall, from time to time by separate resolution or resolutions, fix schedules of fees and charges to be imposed for the filing, processing, and recording of each application and document provided for or required under this division and chapter, which fees and charges as then currently prescribed shall accompany each application made under this division and chapter.

These fees and charges shall be in addition to, and not in substitution of, any other required fees and charges relative to development of the subject property and shall be for the purpose of defraying the costs associated with city review and action on an application.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1070. - Qualification as an applicant.

Except as provided in section 106-1071(a), only a qualified applicant may file an application to enter into a development agreement. A qualified applicant includes an authorized agent of a qualified applicant. The director may require an applicant to submit proof of his/her interest in the real property and of the authority of the agent to act for the qualified applicant. Such proof may include a title report, policy or guarantees issued by a title insurance company licensed to do business in the State of California evidencing the requisite interest of the applicant in the real property. If the application is made by the holder of an equitable interest, the application shall be accompanied by a title guarantee issued by a title insurance company report and by a notarized statement of consent to proceed with the proposed development agreement executed by the holder of the legal interest. Before processing the application, the director shall

obtain the opinion of the city attorney as to the sufficiency of the qualified applicant's interest in the real property to enter into the development agreement as a qualified applicant hereunder.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Initiation by application. An application for a development agreement may be made to the director in accordance with the procedures set forth herein.

(1)

Application may be made by any qualified applicant.

(2)

Application may be made by the city council. If an application is made for a development agreement by the city council, the city shall obtain and attach a notarized statement of consent to proceed with the proposed agreement executed by the owner of the subject property.

(b)

Contents of the application. The application shall be on a form prescribed by the director and shall be accompanied by a proposed ordinance and development agreement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1072. - Proposed form of development agreement.

Each application shall be accompanied by the form of development agreement proposed by the qualified applicant or as authorized in section 106-1071. Any such development agreement prepared by a qualified applicant shall contain the provisions required under section 106-1074, section 106-1097, and section 1061099 of this division shall also include the following:

(1)

The parties to the development agreement;

(2)

The nature of the qualified applicant's legal or equitable interest in the real property constituting such person as a qualified applicant hereunder;

(3)

A description of the development project sufficient to permit the development agreement to be reviewed under the applicable criteria of this division and chapter. Such description may include, but is not limited to, references to site and building plans, elevations sufficient to determine heights and areas, relationships to adjacent properties and operational data. Where appropriate, such description may distinguish between

elements of the development project which are proposed to be fixed under the development agreement, those which may vary and the standards and criteria pursuant to which the same may be reviewed;

(4)

An identification of the approvals and permits for the development project enacted to the date of or contemplated by the development agreement;

(5)

The proposed duration of the development agreement;

(6)

The proposed site improvement and building improvement design standards which the applicant shall use and apply for guidance of city consideration of the applicant's development project;

(7)

The proposed phasing of the construction, and any public improvements to be required;

(8)

A program and criteria for regular periodic review under this division and chapter;

(9)

Proposed provisions providing security for the performance of the qualified applicant under the development agreement;

(10)

Any other relevant provisions which may be deemed necessary by the director pursuant to this division and chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Upon submission of an application for a development agreement, the director shall stamp on the application the date it is received. Within 30 days after receipt of application the director shall review the application and accompanying documentation for legal sufficiency, compliance with technical requirements and may reject it if it is incomplete or inaccurate for processing. If the director finds that the application is complete for processing the director shall accept it for filing. The director shall cause a written notice of acceptance or rejection to be mailed or delivered to qualified applicant. If rejected, the notice must also give the reason for the rejection. If such notice is neither mailed nor delivered within 30 days following receipt of application for the development agreement, the application shall be deemed filed on the thirtieth day following its receipt by the director.

(b)

After the application is accepted for filing or deemed filed, the director shall then review the application and determine any additional requirements necessary to complete the form of development agreement. After receiving the required information, the director shall prepare a staff report and recommendation and shall state whether or not the development agreement as proposed, or in an amended form (specifying the nature of the amendments), would implement, be consistent with and in compliance with, the adopted general plan. Any proposed specific plan, relevant city policies and guidelines for development, and the provisions of this division and chapter. The director shall, as part of the review of the application, circulate copies of the proposed development agreement to those city departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement for review and comment by such city departments and agencies. The city attorney shall also review the proposed development agreement for legal form and sufficiency and shall approve and/or prepare a proposed ordinance authorizing the city to enter into the development agreement for action by the city council upon hearing thereof as specified by this division and chapter. The staff report and recommendation of the director shall include any appropriate recommendations received, and the proposed form of ordinance prepared by the director and approved by the city attorney.

(c)

Upon the completion of such review, the director shall set the matter for a public hearing before the planning and preservation commission.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1074. - Contents of development agreement.

(a)

A development agreement shall specify its duration, the permitted uses of the property thereunder, the density and/or intensity of use, the maximum height and size of proposed buildings and improvements, and provisions for reservation or dedication of land for public purposes. A development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the property for the uses and to the density or intensity, height, and size of development set forth in the development agreement and phasing if and to the extent the development agreement so provides. Without limitation as to types of conditions, terms, and restrictions, the development agreement

may provide for the phasing of construction of development projects and any improvements with respect thereto, and the development agreement may also provide that the construction shall be commenced and completed within specified times and that the development project, public improvements, or any phase thereof be commenced and completed within specified times.

(b)

A development agreement shall include all conditions imposed by the city, and may also include conditions imposed by other agencies, and all obligations agreed to by the city and other parties to the development agreement with respect to the development project thereunder including those conditions authorized by

law and/or required pursuant to the California Environmental Quality Act, or the National Environmental Protection Act, and the city's regulations with respect thereto in order to eliminate or mitigate environmental and traffic impacts caused by or aggravated as a result of the development project proposed under the development agreement.

(c)

A development agreement shall contain an indemnity and insurance clause in form and substance acceptable to the city attorney, requiring the qualified applicant to protect, defend, indemnify and hold harmless the city against claims arising out of the development process; provided, that such a provision does not violate applicable law or constitute a joint venture, partnership or other participation in the business affairs of qualified applicant by the city.

(d)

A development agreement shall include appropriate provisions acceptable to the city attorney providing security for the performance under the development agreement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1075. - Public hearing (planning and preservation commission).

On the date set for hearing or on the date or dates to which the hearing is scheduled, a development agreement shall be considered at a public hearing before the planning and preservation commission pursuant to the procedures described in this division and chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1076. - Review—Standard (planning commission and preservation commission).

The planning and preservation commission may recommend adoption of a development agreement as a method of implementing or providing standards and criteria for any approval of the planning and preservation commission or permits or approvals issued or made by any other city agency, including, but not limited to:

(1)

Rezoning and/or conditions imposed upon approval of rezoning;

(2)

Issuance of a conditional use permit;

(3)

Conditions imposed upon approval of a permit after discretionary review;

(4)

Conditions imposed in connection with the adoption of any general plan amendment or specific plan;

(5)

Site-specific conditions imposed in any other district;

(6)

Approval of and/or conditions imposed upon approval of a subdivision or parcel map or maps;

(7)

The separate review and approval by the city attorney of conditions, covenants and restrictions (CC&Rs) affecting the subject property where the development project affects, or is proposed to affect, more than one legal parcel, which CC&Rs shall include enforcement provisions acceptable to the city including without limitation the grant of power to the city by the applicant to enforce the property maintenance

standards set forth in such CC&Rs as if the city was a property owner party to such CC&Rs. Such CC&Rs shall be recorded against the lands included in the development project prior to issuance by the city of any certificate of occupancy.

(8)

The formation of any assessment district, benefit district, maintenance district or special benefit district or any other procedure, for the installation of required or necessary on-site or off-site improvements or infrastructure; and/or

(9)

Mitigation measures imposed upon a development project pursuant to the California Environmental Quality Act or the National Environmental Protection Act.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1077. - Recommendation by planning and preservation commission.

The planning and preservation commission shall make a report and recommendation in writing to the city council as follows:

(1)

That the development agreement be adopted as proposed;

(2)

That the development agreement be adopted with modifications, as proposed by the planning and preservation commission; or

(3)

That the development agreement be denied.

Any action taken by the planning and preservation commission shall include written findings specifying the facts and information relied upon by the planning and preservation commission in rendering its decision

and recommendation.

The planning and preservation commission shall make such report of its findings and recommendations to the city council within 35 days after the completion of said hearing. Failure of the planning and preservation commission to so report within said period shall be deemed to be a recommendation of denial by the planning and preservation commission of the development agreement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1078. - Setting hearing date by city council.

Upon the filing of its report and recommendations on a development agreement by the planning and preservation commission or upon the expiration of said 35 days provided for in section 106-1077, the city council shall, at its next regular meeting held at least three days thereafter on which the subject is agendized thereupon set the matter for public hearing before the city council, and the city clerk shall give required notice of the time, place and purpose of such hearing in the same manner and in the same terms as provided in this division and chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1079. - Ordinance public hearing (city council).

A development agreement is a legislative act and it shall be enacted or amended by ordinance only after a public hearing before the city council. The ordinance shall be subject to referendum and refer to and incorporate by reference the text of the development agreement. The development agreement shall not be binding or enforceable prior to the effective date of the ordinance approving the development agreement and execution of the development agreement by all parties thereto.

Because a development agreement is also a contract which requires the consent of each party in order to become binding, the city council reserves the right to disapprove entering into any development agreement, regardless of the provisions hereof, and the ordinance shall be advisory only and shall not require the acceptance of any development agreement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1080. - Conduct of hearing by the city council.

The city council shall consider the proposed development agreement and the planning and preservation commission's recommendation together with any additional public testimony at the public hearing on the date set for said hearing or on the date or dates to which such hearing may be continued from time to time by the city council.

The city council may refer the issue back to the planning and preservation commission for further hearing and recommendation whereupon planning and preservation commission shall file its report on reconsideration of the referral from the city council within 30 days thereafter. The city council may also act on all or any such issue without reference back to the planning and preservation commission. The decision of the city council shall be rendered within 45 days after the hearing before the city council or within 45 days after the receipt of the final report from the planning and preservation commission, whichever is later,

unless extended by mutual agreement of the qualified applicant and city council. Failure of the city council to act within the 45 days or extension shall be deemed a rejection of the development agreement. The city council may:

(1)

Approve the development agreement as recommended by the planning and preservation commission;

(2)

Approve the development agreement with or without modification;

(3)

Reject the development agreement, in whole or in part.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1081. - Consistency with the general plan and specific plans (city council).

Before the city council may approve a development agreement with or without modification, it must find that its provisions are consistent with the city general plan and any applicable specific plan and relevant city policies and guidelines for development.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The director shall give notices of all required public hearings held before the planning and preservation commission under this division and chapter. The city clerk shall give notice of all required public hearings held before the city council under this division and chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1083. - Form and time of notice.

(a)

The notice referred to in section 106-1082 shall contain

(1)

The date, time, and place of the hearing;

(2)

The identity of the hearing body;

(3)

A general explanation of the matter to be considered including a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing;

(4)

The location or locations where a copy of the proposed development agreement may be viewed or had;

(5)

Other information required by specific provisions of this division and chapter or which the director considers necessary or desirable.

(b)

The time and manner of giving notice is by:

(1)

Publication at least ten days prior to the hearing at least once in a newspaper of general circulation within the city or if there is none, posting at least ten days prior to the hearing in at least three public places in the city.

(2)

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

(3)

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

(4)

Mailing of the notice at least ten days prior to the hearing to all persons shown on the last equalized assessment roll as owning real property within 500 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection (b)(4) or subsection (b)(2) is greater than 1,000, the director, or city clerk, as applicable, may, in lieu of mailed or written notice, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

(c)

The planning and preservation commission or city council, as the case may be, may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice requirements prescribed by state law, but failure to comply with any excess notice procedure shall not invalidate a development agreement entered into by the city under this division and chapter.

(d)

The notice requirements referred to in subsections (a) and (b) of this section are declaratory of existing law. If and when state law prescribes a different notice requirement, notice shall be given in that manner.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1084. - Coordination of development agreement application with other discretionary approvals.

It is the intent of this division and chapter that the application for a development agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to, rezoning, variance, planned commercial, or industrial development and conditional use permits. If combined with an application for rezoning, planned development or conditional use permit, the application for a development agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A development agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1085. - Time for and initiation of review.

(a)

Regular periodic review. The city shall review the performance of the developer under a development agreement periodically on a regular basis as determined in the development agreement or by this subsection at least once every 12 months for the term of the development agreement. Ninety days prior to the "established date or dates for regular periodic review" which shall be the anniversary of the effective date of the development agreement, or such other substitute date or dates, mutually agreed to by the qualified applicant or developer and city in writing for such regular periodic reviews, the developer shall submit to the director evidence of the good faith compliance with the development agreement. If the director determines that such evidence is insufficient for the director's regular periodic review, or if the developer fails to submit any evidence, then prior to 75 days of the established date or dates for regular periodic review the director shall deliver or mail written notice to the developer of the developer's failure to submit any evidence or specifying the additional information reasonably required by the director in order to review the developer's good faith compliance with the development agreement. The developer shall have 30 days after mailing or delivery of such written notice by the director in which to respond to the director. If the developer fails to provide such information to the director within the 30-day period, the director shall not find that the developer has complied in good faith with the terms of the development agreement.

(b)

Special review.

(1)

Initiation of review. Reviews which are other than the regular periodic reviews provided for in subsection (a) of this section are defined as special reviews and may be had either by agreement between the developer

and city or by initiation of the city by the affirmative vote of the city council, but in any event shall not be held more frequently than three times a year.

(2)

Notice of special review. The director shall begin the special review proceeding by mailing or delivering written notice to the developer that the city intends to undertake a special review for the good faith compliance of developer with the development agreement. He shall mail or deliver to the developer a 30day notice of intent to undertake such a special review within which 30 days developer shall provide to the director evidence of good faith compliance with the terms of the development agreement. If the director determines that such evidence is insufficient for the city's review, or if the developer fails to submit any evidence within the 30-day period, then within 45 days of giving the notice of intent to undertake a special review, the director shall deliver or mail written notice to the developer of the developer's failure to submit any evidence or additional information reasonably required by the director in order to review the developer's good faith compliance with the development agreement. As with the regular periodic review, the developer shall have 30 days after mailing or delivering of such written notice by the director in which to respond to the director. If the developer fails to provide such information to the director within the 30-day period, developer shall not be found by the director to have complied in good faith with the terms of the development agreement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

With respect to either a regular periodic review or a special review, if the director finds good faith compliance by the developer with the terms of the development agreement for the period reviewed, the director, upon request of developer, shall issue a certificate of compliance for such period reviewed, which shall be in recordable form and may be recorded by the developer in the official records of Los Angeles County. The issuance of a certificate of compliance by the director shall conclude the review for the applicable period for which the finding was made and such determination shall be final in the absence of fraud.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

If the director does not find, on the basis of substantial evidence, that the developer has complied in good faith with the terms of the development agreement, he shall so notify the city council and the developer. The director shall specify the reasons for the director's determination, the information relied upon in making such decision and any findings made with respect thereto. At the next regularly scheduled meeting of the city council on which the matter is agendized, or to which it is continued, the city council shall take one of the following actions:

(1)

Compliance. Determine on the basis of evidence presented that there has been good faith compliance by the developer with the terms of the development agreement, in which event the director, upon request of the developer, shall issue a certificate of compliance in accordance with section 106-1086.

(2)

Failure to find good faith compliance. If the city council is unable to determine on the basis of the evidence presented that there has been good faith compliance by the developer with the terms of the development agreement, the city council shall do one or more of the following:

a.

Additional time. Upon receipt of sufficient justification to city council, grant the developer additional time in which to establish good faith compliance with the terms of the development agreement at a subsequent duly called city council meeting; or

b.

Hearing. Set a date for a public hearing on the issue of compliance by the developer with the terms of the development agreement and the possible conditioning and/or termination or modification of the development agreement in accordance with state Government Code § 65865.1, which public hearing shall be conducted in accordance with section 106-1088.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The city council shall, within 90 days of the city council's setting a date for a public hearing in subsection 106-1087(2)b, conduct a public hearing at which the developer shall have the opportunity to demonstrate good faith compliance with the terms of the development agreement on the basis of substantial evidence presented to the city council. The burden of proof of this issue is upon the developer.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The city council shall determine upon the basis of substantial evidence whether or not the developer has complied in good faith with the terms and conditions of the development agreement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Compliance. If the city council finds and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the development agreement during the period under review, the review for that period is concluded and such determination is final in absence of fraud.

(b)

Noncompliance. If the city council finds and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the development agreement during the period under review, the city council may allow the development agreement to be continued by

imposition of new terms and conditions intended to remedy such noncompliance or to be otherwise modified, by the mutual consent of the developer and the city or the city council may unilaterally terminate the development agreement or take other action authorized by Government Code § 65865.1. The city council may impose such terms and conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the city council shall be final. The rights of the parties after termination shall be as set forth in section 106-1100.

(c)

Ordinance. Any termination, modification or imposition of new terms and conditions pursuant to this section shall be by ordinance. The ordinance shall recite the facts, findings, information relied on and/or the lack thereof, and the reasons which, in the opinion of the city council, make the termination or modifications or imposition of new terms and conditions of the development agreement necessary. The enactment of such an ordinance by the city council shall be final and conclusive as to its effect on the subject development agreement. Not later than ten days following the adoption of the ordinance, one copy thereof shall be forwarded to the developer. The development agreement shall be terminated, or the amendments to the development agreement shall become effective, on the effective date of the ordinance or as otherwise provided in such ordinance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1091. - Certificate of compliance.

If the city council finds good faith compliance by the developer with the terms of the development agreement, the director upon request of the developer and subject to the written concerns of the city attorney shall issue a certificate of compliance, which shall be in recordable form and may be recorded by the developer in the official records of the County of Los Angeles.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1092. - Initiation of amendment or cancellation.

A development agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the development agreement or their successors in interest. Any such person may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1093. - Procedure.

The procedure for amendment or cancellation in whole or in part of a development agreement by mutual consent shall be as follows:

(a)

Upon receipt by the director of a proposal for an amendment to or cancellation in whole or in part of the development agreement, a public hearing thereon shall be set and conducted before the city council within 90 days of receipt of the proposal;

(b)

As to prescribed notice of public hearing, where the city introduces the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the property owner of its intention to initiate such proceedings at least ten days in advance of the giving of notice of intention to consider the amendment or cancellation required by subsection 106-1083(b)(4);

(c)

Any amendment, cancellation or imposition of new terms and conditions pursuant to this section shall be by ordinance. The ordinance shall recite the facts, findings, information relied on, and reasons which, in the opinion of the city council, make the amendments or cancellation of the development agreement necessary. Not later than ten days following the adoption of the ordinance, one copy thereof shall be forwarded to the developer. The development agreement shall become effective on the effective date of such ordinance unless otherwise indicated therein.

(d)

Although approved by the city council, an amendment to or cancellation of a development agreement shall not be binding or enforceable prior to the effective date of the ordinance approving the amendment or cancellation of the development agreement and the execution of such amendment or a written consent to such cancellation by all parties to the development agreement or by their successors in interest.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1094. - Failure to receive notice.

The failure of any person entitled to notice required by law or this chapter to receive such notice shall not affect the authority of the city to enter into nor invalidate a development agreement entered into by the city or other action taken under this division and chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1095. - Rules governing conduct of meeting.

All the public hearings under this chapter shall be conducted in accordance with the procedures and the time limits specified for the conduct of such hearings in this division and chapter. A copy of any relevant proposed or existing development agreement shall be made available for public review at the city clerk's office prior to the date of each hearing thereon.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1096. - Irregularity in proceeding.

Formal rules of evidence or procedure which must be followed in a court of law shall not be applied in the consideration of a proposed development agreement, its modification, cancellation, or termination under this chapter and the provisions of this chapter shall provide the procedure for such consideration. The qualified applicant or developer has the burden of presenting substantial evidence at each of the public hearings on the proposal and shall be given an opportunity to present evidence in support of the qualified

applicant's or developer's position. No action, inaction, or recommendation regarding the proposed development agreement, its modification, cancellation, or termination shall be held void or invalid or be set aside by a court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court finds that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury resulted if error is shown.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1097. - Subsequently adopted state and federal laws.

All development agreements shall be subject to the regulations and requirements of the laws of the State of California, the Constitution of the United States and any codes, statutes or executive mandates and any court decisions, state or federal, thereunder. In the event that any such law, code, statute, or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement then such provisions of the development agreement shall be modified or suspended as may be necessary to comply with such law, code, statute, mandate or decision, and every such development agreement shall so provide.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1098. - Architectural review.

Unless otherwise provided in a development agreement, the implementation and execution of all phases of a development agreement shall be subject to architectural (design) reviews pursuant to the applicable provisions of the San Fernando City Code.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1099. - Governing rules, regulations, development policies and effect of development agreement.

Unless otherwise provided by the development agreement, or imposed for reasons of health or safety during the term of the development agreement, rules, regulations and official policies of the city governing permitted uses of the land, governing density and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the city, in subsequent actions applicable to the property or to the city in general, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property at the time of execution of the development agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. Each development agreement shall provide, and it is provided in this section, that this section and the provisions thereof do not apply to taxes, imposts, assessments, fees, charges or other exactions imposed by or payable to city unless specifically and to the extent otherwise expressly agreed to

by city in the development agreement, and that all of such shall be in amounts fixed at the time they are payable.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In the event that a development agreement is canceled, or otherwise terminated, unless otherwise agreed in writing by the city, all rights of the developer, property owner or successors in interest under the development agreement shall terminate and any and all benefits, including money or land, received by the city shall be retained by the city. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing a building or other improvements authorized to be constructed pursuant to a valid operative building permit previously approved by the city and under construction at the time of termination, but the city may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and neither the developer nor any tenant shall occupy any portion of the project or any building not authorized by an occupancy permit. As used herein, "construction" shall mean work on site under a valid building permit and "completing" shall mean completion of construction for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion "completion" shall mean completion of construction except for interior improvements such as partitions, duct and electrical run outs, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings, and other improvements typically constructed by or for tenants of similar buildings. All such uses shall, to the extent applicable, be deemed nonconforming uses and shall be subject to the nonconforming use provisions of the San Fernando City Code.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1101. - Construction.

This division and chapter, and any subsequent development agreement shall be read together. With respect to any development agreement enacted under this division and chapter, any provision of such a development agreement which is in conflict with this division and chapter shall be void.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1102. - Recordation of development agreement, ordinances, and notices.

(a)

Within ten days following complete execution of a development agreement and following effective date of enacting ordinance, the city clerk shall record with the county recorder, a fully executed copy of the development agreement and ordinance approving development agreement, which shall describe the land subject thereto. The development agreement shall be binding upon, and the benefits of the development agreement shall inure to the parties and all successors in interest to the parties to the development agreement.

(b)

If the parties to the development agreement or their successors in interest amend or cancel the development agreement as provided in Government Gode § 65868 or this division and chapter, or if the city council terminates or modifies the development agreement as provided in Government Code § 65865.1 or this division and chapter for failure of the developer to comply in good faith with the terms or conditions of the development agreement, the city clerk shall, after such action takes effect, have notice of such action recorded with the County Recorder of Los Angeles County.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1103. - Enforcement of development agreements.

Except as provided herein below, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city which alters or amends the rules, regulations, or policies specified in section 106-1099 or in the development agreement itself.

An exception to the certainty intended by execution of a development agreement as expressed in section 106-1066 shall be when a change to the development agreement is imposed or required not by city initiated action, but rather by city response to (i) federal or state court or administrative agency determination or (ii) federal or state legislative or administrative agency regulation requirement.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1104. - Severability clause.

Should any provision of this division and chapter or of a subsequent development agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this chapter and the development agreement shall remain in full force and effect unimpaired by the holding, except as may otherwise be provided in a development agreement. The city council hereby declares that it would have adopted and enacted this chapter and each provision thereof irrespective of the fact that any one or more of the provisions, or the applications thereof to any person or place, be declared invalid or unconstitutional. For the purpose of this section, a "provision" is a section, subsection, paragraph, sentence, clause, phrase or portion of any thereof.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1105. - Judicial review—Time limitation.

(a)

Any judicial review of the initial approval by the city of a development agreement shall be by writ of mandate pursuant to Code of Civil Procedure § 1085; and judicial review of any city action taken pursuant to this chapter, other than the initial approval of a development agreement, shall be writ of mandate pursuant to Code of Civil Procedure § 1094.5.

(b)

Any action or proceeding to attack, review, set aside, void, or annul any decision of the city taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within

90 days after the date of the decision.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

All and every part of the development agreements is subject to condemnation proceedings and entering into such agreements is not intended to restrict the exercise of eminent domain by the city or any other public agency.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-1107—106-1124. - Reserved. DIVISION 13. - DENSITY BONUS

State density bonus law (Government Code § 65915), provides that local governments shall grant density bonus and regulatory concessions and incentives to developers of housing, child care facilities, or for donation of land for housing, where the developer agrees to construct a specified percentage of housing for lower income households, very low income households, moderate income households or qualifying residents.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1126. - Density bonus requirements.

(a)

Minimum development requirements. Upon written request by an applicant, the community development director shall grant a density bonus and provide incentives or concessions as provided in this division when the applicant for the housing development agrees or proposes to construct a housing development, excluding any units permitted by the density bonus granted pursuant to this section that contains at least any one of the following:

(1)

Lower income households. Ten percent of the total units of a housing development for lower income households.

(2)

Very low income households. Five percent of the total units of a housing development for very low income households.

(3)

Senior housing. A senior citizen housing development, unless prohibited by state and/or federal law.

(4)

Common interest development. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.

(b)

Maximum development requirements. If an applicant exceeds the minimum percentages set forth in subsection (d), the applicant shall be entitled to an additional density bonus calculated as follows:

(1)

Low income units. For each one percent increase above the ten percent of the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of 35 percent.

(2)

Very low income units. For each one percent increase above the five percent of the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of 35 percent.

(3)

Moderate income units. For each one percent increase above the ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of 35 percent.

(c)

Density bonus calculation.

(1)

Density bonus calculations resulting in fractional units shall be rounded up to the next whole number.

(2)

Only the total units of a housing development shall be used to determine those units to be added as part of a density bonus.

(3)

For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application but need not be based upon individual subdivision maps or parcels.

(4)

A density bonus may be selected from only one category, except in combination with a land donation or a child care facility, provided the total density bonus does not exceed 35 percent.

(5)

The applicant may elect to accept a lesser percentage of density bonus.

(6)

The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

(d)

Density bonus calculation table.

Note:

1. A senior citizen housing development is not required to be affordable in order to receive a density bonus. However, 100 percent of the units in the development (35 units minimum) must be restricted as senior housing.

(e)

Sample calculation of a density bonus.

Note:

1. A senior citizen housing development is not required to be affordable in order to receive a density bonus. However, 100 percent of the units in the development (35 units minimum) must be restricted as senior housing.

(f)

Land donation requirements. An applicant for a tentative map, parcel map or any other discretionary approval required to construct a residential development in the city shall receive a 15 percent density bonus above the otherwise maximum allowable residential density for the residential development when the applicant donates land to the city as provided in this section. This 15-percent bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of 35-percent. Applicants are eligible for the 15-percent land donation density bonus if all of the following conditions are met:

(1)

The applicant shall donate and transfer land to the city prior to approval of the final map or other discretionary approval required for the residential development.

(2)

The transferred land shall have the appropriate acreage and zoning classification to permit development of affordable housing for very low income households in an amount not less than ten percent of the number of residential units of the proposed development.

(3)

The transferred land shall be at least one acre or of sufficient size to permit development of at least 40 residential units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in Government Code § 65583.2(c)(3).

(4)

The transferred land shall be served by adequate public facilities and infrastructure.

(5)

The transferred land and the very low income units constructed shall have a deed restriction recorded with the county recorder, to ensure continued affordability of the units. The deed restriction must be recorded on the property at the time of transfer.

(6)

The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city.

(7)

The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter mile from the boundary of the qualified project, if the city so approves.

(8)

No later than the date of approval of the final map or other discretionary approval required for the residential development the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.

(9)

A proposed source of funding for the very low income units shall be identified not later than the date of the final map or other discretionary approval.

(g)

Child care facility requirements.

(1)

The city shall grant either of the following to a density bonus project that includes a child care facility located on the premises of, as part of, or adjacent to, the project:

a.

An additional density bonus in an amount equivalent to or greater than the amount of the square footage of the childcare facility; or

b.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

(2)

In order to receive the additional child care density bonus, the project must comply with the following requirements:

a.

The child care facility will remain in operation for a period of time that is as long as, or longer, than the period of time during which the density bonus units are required to remain affordable.

b.

Of the children who attend the child care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units.

c.

Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

(h)

Condominium conversion.

(1)

When an applicant for conversion of apartments to condominiums agrees to provide at least 33 percent of the total units of the proposed condominium to persons and families of low to moderate income or 15 percent of the total units of the proposed condominium to lower income households, and agrees to pay administrative costs incurred by the city pursuant to this section, the community development director shall either:

a.

Grant a density bonus; or

b.

Provide other incentives of equivalent financial value.

The community development director may place reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as appropriate, including, but not limited to, continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. For only this section, the following definitions apply:

c.

Density bonus means an increase in units of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion.

d.

Other incentives of equivalent financial value shall not require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.

(2)

Proposal for subdivision map approvals. An applicant for approval to convert apartments to condominiums may submit a preliminary proposal to the community development department, for review by the

community development director or his or her designee, prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section.

(3)

Ineligibility. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided.

(4)

Other requirements. Nothing shall require the city to approve a proposal to convert apartments to condominiums.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Number of incentives/concessions. The applicant shall be entitled to receive the following number of incentives or concessions in subsection (b):

(b)

Incentive/concession table.

Note:

1. AMI is an abbreviation for Los Angeles County Area Median Income

2. Child care facility: When a qualified project also includes a child care facility as described in section 106-1126(g), the applicant shall receive one additional incentive.

(c)

Menu of incentives/concessions.

(1)

Additional density provided the overall density bonus received for the entire residential development does not 35 percent.

(2)

A reduction in site development standards, including:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum lot setbacks.

c.

Reduced minimum private and/or common outdoor open space.

d.

Increased maximum building height (up to one additional story).

e.

Reduced on-site parking standards in excess of standards set forth in section 106-1128 (parking study required).

(3)

Tandem and uncovered parking allowed.

(4)

Other regulatory incentives that result in identifiable, financially sufficient, and actual cost reductions.

(d)

Evidence for concession and incentives. An applicant of a housing development may submit to the community development department a proposal for specific incentives or concessions for review by the community development director or his or her designee, and may request a meeting with the community development director or his or her designee.

(e)

An applicant of a housing development may submit to the community development department a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection (d) of section 106-1126 at the densities or with the concessions or incentives permitted by subsection (b) of section 106-1126 for review by the community development director or his or her designee, and may request a meeting with the community development director or his or her designee. A proposal for the waiver of development standards under this

subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection (b) of section 106-1126.

(f)

If a meeting is requested, the community development director or his or her designee, shall meet with the applicant within 15 working days to discuss the proposal.

(g)

When the community development director grants a density bonus, the community development director shall grant the additional concession or incentives requested by the applicant unless the community development director it makes a written finding, based upon substantial evidence of any the following conditions:

(1)

The concession or incentive is not required in order to provide for affordable housing costs; or

(2)

The concession or incentive would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), as may be amended, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or,

(3)

The concession or incentive would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or

(4)

The concession or incentive would be contrary to state or federal law.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Design requirements. Affordable units developed in conjunction with a market rate development shall be of similar design and quality as the market rate units. Exteriors and floor plans of affordable units shall be of similar quality to the market rate units.

(b)

Location distribution requirements for affordable units. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of the affordable units within a housing development shall be reviewed and approved by the community development director.

(c)

Parking standards. Unless the city's adopted parking standards will result in fewer parking spaces, the following maximum parking standards shall apply, inclusive of handicapped and guest parking, for the entire residential development:

Notes

1. A parking calculation resulting in a fraction shall be rounded up to the next whole number.

2. Parking standards provided in this subsection are inclusive of guest and handicapped parking.

3. A development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking.

(d)

Other requirements. The granting of a density bonus shall not require a general plan amendment, zoning change, or other discretionary approval, and shall be processed in conjunction with the application of a housing development.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1129. - Continued affordability.

(a)

Affordability requirement. An applicant shall agree to, and the city shall ensure the following:

(1)

Continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for a minimum period of 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(2)

Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code § 50053. Prior to the rental of any affordable unit, the city or its designee, shall verify the eligibility of the prospective tenant. The owner shall maintain on file certifications by each household. Certifications shall be obtained immediately prior to initial occupancy by each household and annually

thereafter, in the form provided by the city or its designee. The owner shall obtain updated forms for each household on request by the city, but in no event less frequently than once a year. The owner shall maintain complete, accurate and current records pertaining to the housing development and will permit any duly authorized representative of the city to inspect records pertaining to the affordable units and occupants of these units.

(3)

The city may establish fees associated with the setting up and monitoring of affordable units.

(4)

The owner shall submit an annual report to the city, on a form provided by the city. The report shall include for each affordable unit the rent, income, and family size of the household occupying the unit.

(5)

Owner-occupied units shall be available at an affordable housing cost as defined in Health and Safety Code § 50052.5.

(6)

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall be used within five years for any of the purposes described in Health and Safety Code § 33334.2(e) to promote home ownership.

(7)

The owner shall provide to the city any additional information required by the city to ensure the long-term affordability of the affordable units by eligible households.

(b)

Affordable housing agreement. Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement in accordance with this division, as approved by the city attorney. The affordable housing agreement shall be recorded by the applicant of a housing development with the county recorder.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1130. - Application requirements.

(a)

Application materials. In addition to the required application materials for the project, the applicant shall submit separate site plan(s) containing the following information:

(1)

A brief description of the housing development, and a chart including the number of market-rate units and affordable units proposed, and the basis for the number of affordable units.

(2)

The unit-mix, locations, floor plans and square footages, and a statement as to whether the housing development is an ownership or rental project.

(3)

In the event the developer proposes a phased project, a phasing plan that provides for the timely development of the affordable units as the housing development is constructed.

(4)

A detail of the specific concessions, incentives, waivers, or modifications being requested for the housing development.

(5)

Any other information reasonably requested by the community development director to assist with the evaluation of the affordable housing plan and housing development.

(6)

The affordable housing site plan shall be incorporated into all sets of plans used in application for building plan check and building permit issuance.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1131. - Appeals.

(a)

The applicant, upon the community development director's written denial of a housing development, may appeal the decision of the community development director to the planning and preservation commission.

(b)

If the planning and preservation commission upholds a denial issued by the community development director, the applicant may appeal the decision of the planning and preservation commission to the city council.

(c)

An applicant shall file a written appeal of a decision for denial of a housing development issued by the community development director or planning and preservation commission pursuant to division 2 of article V of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-1132, 106-1133. - Reserved. DIVISION 14. - REASONABLE ACCOMMODATION

It is the purpose of this division, pursuant to federal and state fair housing laws, to provide individuals with disabilities reasonable accommodation in the application of the city's rules, policies, practices, and procedures, as necessary, to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. The purpose of this division is to provide a procedure for individuals with disabilities to make requests for, and be provided, reasonable accommodation with respect to development standards, building regulations, rules, policies, practices, and/or procedures of the city, including land use and zoning regulations, when reasonable accommodation is warranted based upon sufficient evidence, to comply fully with the intent and purpose of the fair housing laws.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1135. - Requesting reasonable accommodation.

(a)

In order to make specific housing available to individuals who have physical or mental impairments, an individual with a disability or representative may request reasonable accommodation, pursuant to this division, relating to the application of various land use, zoning, or building laws, development standards, rules, policies, practices, and/or procedures of the city.

(b)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the department and building divisions advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the department and building divisions.

(c)

If an individual with a disability or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

(d)

A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(e)

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is subject of the request shall remain in full force and effect.

(f)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(g)

A request for reasonable accommodation to allow one or more deviations of laws, development standards, rules, policies, practices, and/or procedures must be filed on an application form provided by the city, shall be signed by the owner of the property, and shall include the following:

(1)

Name and address of the individual(s) requesting reasonable accommodation;

(2)

Name and address of the property owner(s);

(3)

Address of the property for which accommodation is requested;

(4)

The current actual use of the property that is the subject of the request;

(5)

Description of the requested accommodation and the regulations, policy or procedure for which accommodation is sought;

(6)

Verifiable evidence to support the claim that fair housing laws apply to the individual(s) with a disability, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or other appropriate evidence that establishes that the individual(s) needing the reasonable accommodation is/are disabled/handicapped pursuant to fair housing laws;

(7)

The specific reason the requested accommodation is necessary for individual(s) with the disability to use and enjoy the dwelling;

(8)

Verification by the applicant that the property that is the subject of the request for reasonable accommodation will be used by the person for whom reasonable accommodation is requested and whose

disabilities are protected under fair housing laws;

(9)

The required filing fee for a reasonable accommodation request, as provided for in the city's adopted fee schedule; and

(10)

Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws and the privacy rights of the individual(s) with a disability.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a)

Review. The director or his or her designee shall review and provide a determination on an application for reasonable accommodation pursuant to this division and fair housing laws. The director shall have the ability to request any information necessary to assess an application for reasonable accommodation and provide a determination to an applicant within 30 days of the date of submittal of a completed application. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request. Within 30 days of the date of the submittal of a completed application, and as provided for in this section, the director shall take one of the follow actions regarding a request for reasonable accommodation:

(1)

Grant the reasonable accommodation request, pursuant to section 106-1136(g);

(2)

Grant the reasonable accommodation request, subject to specified nondiscriminatory conditions, pursuant to section 106-1136(g);

(3)

Deny the reasonable accommodation request pursuant to section 106-1136(g); or,

(4)

Refer the determination of the reasonable accommodation request to the planning and preservation commission, who shall render a determination on the application.

(b)

Tentative determination of approval. Upon submittal of a completed application for reasonable accommodation and subsequent to an application being deemed complete, the director shall prepare a notice of tentative determination regarding the director's intent to approve the reasonable accommodation

request pursuant to this division and fair housing laws. The notice of tentative determination shall be prepared and disseminated as provided below.

(1)

Content. The notice of tentative determination shall provide a detailed description of the subject property, the reasonable accommodation request, and tentative findings pursuant to section 106-1136(g). Additionally, the notice of tentative determination shall include information on the public comment period for the request.

(2)

Public notice. A notice of tentative determination shall be mailed to the applicant, property owner of record of the property that is the subject of the reasonable accommodation request, and all neighboring properties abutting the subject property within 15 days from the submittal of a completed application for reasonable accommodation.

(3)

Public comment period. A comment period of no less than ten days from the date noted on the notice of tentative determination shall be provided to all affected owners of property that abut the property that is the subject of the reasonable accommodation request.

(c)

Final determination of approval. Subsequent to the issuance of a notice of tentative determination for approval of the reasonable accommodation request, as provided for in subsection (b), the director shall prepare a notice of final determination regarding the director's decision to approve the reasonable accommodation request. The notice of final determination shall be prepared and disseminated as provided below.

(1)

Content. The notice of final determination shall provide a detailed description of the subject property, the reasonable accommodation request, and findings required for approval pursuant to section 106-1136(g). Additionally, the notice of final determination shall include information on the appeal process for all abutting properties that are aggrieved by the decision of the director.

(2)

Public notice. A notice of final determination shall be mailed to the applicant, property owner of record of the property that is the subject of the reasonable accommodation request, and all neighboring properties abutting the subject property within 30 days from the submittal of a completed application for reasonable accommodation.

(d)

Denial. Subsequent to submittal and the director's review of a request for reasonable accommodation, the director shall notify an applicant in writing if a determination for denial of the reasonable accommodation

request is made. The director shall provide the justification for denial of the reasonable accommodation request pursuant to section 106-1136(g). An applicant may appeal the decision of the director to the planning and preservation commission, as provided for in section 106-1136

(e)

Applicability. A reasonable accommodation request that is granted pursuant to this division shall not require the approval of any variance. The reasonable accommodation shall be subject to the following provisions:

(1)

The reasonable accommodation shall only be applicable to a residential structure occupied by one or more individuals with a disability.

(2)

The reasonable accommodation shall only be applicable to the specific use for which application is made.

(3)

The reasonable accommodation is subject to any and all building code permit and inspection requirements of the city.

(4)

Any change in use or circumstances that negate the basis for the approval of the reasonable accommodation shall require its termination and removal, unless continuance of the reasonable accommodation is approved by the director pursuant to section 106-1136(f).

(5)

Within 60 days from the date that an individual with a disability vacates the property that is the subject of the reasonable accommodation, the reasonable accommodation shall be removed in its entirety.

(6)

The director may impose additional conditions on the approval of a reasonable accommodation request that are consistent with the purposes of this division and fair housing laws.

(f)

Duration of reasonable accommodation. If a request for reasonable accommodation is approved pursuant to this division, the request shall be granted to an individual with a disability and shall not run with the land unless:

(1)

The reasonable accommodation is physically integrated into the residential structure and cannot be easily removed or altered to comply with all applicable laws, development standards, rules, policies, practices, and/or procedures; or,

(2)

Another individual or individuals with a disability use the property and structure that is the subject of the reasonable accommodation request; or,

(3)

The property owner of record provides a written request stating the reason why the reasonable accommodation shall be retained without the occupancy of the residential structure by an individual with a disability, as originally permitted; and

(4)

The director provides a written determination assessing the applicant's request to retain the reasonable accommodation without the occupancy of the residential structure by an individual with a disability, as originally permitted. A determination for denial of the retention of a reasonable accommodation pursuant to this section shall require the director to make those findings provided in section 106-1136(g). Subsequent to the director's determination of denial, the property owner of record shall have 60 days to remove the

reasonable accommodation from the subject property or comply with the previously approved reasonable accommodation request pursuant to this division.

(g)

Required findings. A written determination to approve, approve with conditions, or deny a request for reasonable accommodation shall be based on the following factors:

(1)

Whether the parcel and/or housing that is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected under fair housing laws;

(2)

Whether the request for reasonable accommodation is necessary to make the specific housing available to one or more individuals protected under fair housing laws;

(3)

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city; and

(4)

Whether the requested reasonable accommodation would require a fundamental alteration of the zoning or building laws, policies, and/or other procedures of the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1137. - Appeals.

A final written determination made by the director on a reasonable accommodation request may be appealed to the planning and preservation commission, as provided below:

(1)

Within ten days of the date of the notice of final determination, an appeal may be filed in writing or on a form provided by the city, pursuant to this section. An appeal shall contain a detailed statement of the grounds for the appeal.

(2)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(3)

An appeal may be filed by those directly aggrieved by the decision and determination of the director. For purposes of this section, "directly aggrieved" shall mean the applicant, representative of an individual with a disability, or owner of the property that is the subject of the reasonable accommodation request, and those property owners that directly abut the property that is the subject of the reasonable accommodation.

(4)

The written decision of the director shall become final unless an applicant appeals it to the planning and preservation commission.

(5)

The planning and preservation commission shall hear the matter and render a written determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed, or after an application has been referred to it by the director. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(6)

A notice of public hearing for the appeal shall be mailed to the person filing the appeal and those directly aggrieved at least ten days prior to the date of the public hearing. The notice of public hearing shall include a description of the property that is the subject of the reasonable accommodation, the reason for which the appeal is filed, the date of the public hearing, and the location of the public hearing.

(7)

Within 30 days from the decision and determination of the planning and preservation commission, those directly aggrieved by the decision may appeal to the city council. The procedures that apply for filing an appeal with the city council are the same procedures that apply for filing an appeal with the planning and preservation commission pursuant to division 2 of article V of this chapter. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(8)

The written decision of the planning and preservation commission shall become final unless an applicant appeals it to the city council.

(9)

The filing fee for an appeal shall be equal to half of the application filing fee for the reasonable accommodation request, as provided for in the city's adopted fee schedule.

(10)

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Secs. 106-1138—106-1153. - Reserved. DIVISION 15. - RESERVED

Secs. 106-1154—106-1167. - Reserved. ARTICLE VI. - DEFINITIONS

Sec. 106-1168. - "A" definitions.

Abandoned structure means real property, or any building or structure thereon, that is vacant and is maintained in an uninhabitable condition or a condition of disrepair or deterioration as evidenced by the existence of public nuisances therein, or that is vacant and under a current notice of default and/or notice of trustee's sale, pending tax assessor's lien sale, or that is vacant and has been the subject of a foreclosure sale where title was retained by the beneficiary of a deed of trust involved in the foreclosure. Factors that may also be considered in a determination of an abandoned structure include, without limitation: present operability and functional utility; the presence of nonfunctional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of physical deterioration of the structure, and the cost of rehabilitation or repair versus its market value.

present operability and functional utility; the presence of nonfunctional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of physical deterioration of the structure, and the cost of rehabilitation or repair versus its market value.

Abandoned personal property means and refers to any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. Abandoned personal property may include junk and vehicles.

Abut or abutting means two or more lots or parcels of land sharing a common boundary line or two or more objects in contact with one another.

Access means a place or way by which pedestrians or vehicles are physically and legally permitted to have ingress to and/or egress from a property or use.

Accessory means a use, building or facility incidental, related, and clearly subordinate to a principal use, building or facility established on the same lot.

Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as an existing or proposed single-family dwelling or multi-family dwelling is or will be situated.

Accessory dwelling unit, junior or JADU means a residential dwelling unit within a proposed or existing single-family dwelling that is no more than 500 square feet in size. A junior accessory dwelling unit may share sanitary facilities with the primary dwelling unit but shall include a kitchen or efficiency unit, consistent with applicable state and building code statues.

Accessory food service means a use accessory to a primary retail use, occupying no more than 20 percent of the gross floor area of the primary use, where customers are served prepared food/and or beverages from a walk-up ordering counter for either on-or off-premises consumption.

Accessory retail use means the retail sales of various products (including food) in a store or a similar facility that is located within a health care, hotel, office, industrial, or studio complex for the purpose of serving employees or customers of the primary use and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals, as well as convenience stores and food service establishments within hotel, office, and industrial complexes.

Accessory structure means a structure that is physically detached from, secondary, and incidental to, and commonly associated with, the primary structure.

Accessory use means a use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use, nor serve property other than the parcel where the principal use is located.

Accessory uses and structures, residential means any use and/or structure that is customarily a part of or clearly incidental to a residence, which does not change the character of the residential use and/or household. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

(1)

Garages;

(2)

Spas and hot tubs;

(3)

Gazebos;

(4)

Storage sheds;

(5)

Greenhouses;

(6)

Swimming pools;

(7)

Outdoor recreational amenities, such as tennis and other on-side sport courts;

(8)

Workshops.

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to residential use. Does not include home satellite dish and other receiving antennas for earth-based TV and radio broadcasts; see Wireless telecommunication facilities."

Adult business means any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage thereat, either by law or by the operators of such business. The term "adult business" also means and includes adult bookstores, adult theaters, massage parlors and modeling studios, adult motels or hotels, not including those uses or activities, the regulation of which is preempted by state law.

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade material which is distinguished or characterized by its emphasis on matter depicting, describing or related to specified sexual activity or specified anatomical areas, or an establishment which a has segment or section thereof devoted to the sale or display of such material.

Adult hotel/motel means a hotel or motel which provides, through closed circuit television or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anatomical areas.

Adult theater means a theater which presents live entertainment or motion pictures or slide photographs, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.

Massage parlor means any establishment required to be licensed pursuant to section 22-141 of this Code.

Material, relative to adult businesses, means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures and pamphlets, or any combination thereof.

Modeling studio means any establishment or business which provides, for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the

nude, by means of photography, painting, sketching, drawing or other pictorial form.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock; and

c.

Female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual stimulation or arousal; and/or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Alcohol advertising:

Advertising means printed matter that calls the public's attention to things for sale.

Advertising display means any sign, billboard, signboard, poster, placard, pennant, flag, banner, marquee, graphic display, mural, or similar device that is used to advertise or promote a product.

Alcoholic beverage means alcohol, spirits, liquor, wine, beer, or any liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted mixed or combined with other substances.

Area which minors frequent means any school, child-care center, youth center, or park.

Child-care center means a facility, other than a family day care home, in which less than 24-hour per-day non-medical care and supervision is provided for children in a group setting as defined and licensed under the regulations of the State of California.

Park means any park, playground, or area of land set aside for public recreational and/or ornamental purposes, which is under the control, operation, or management of a governmental agency and wherein there may be an area containing, but not limited to, equipment such as swings and seesaws, athletic fields, baseball diamonds, basketball courts, tennis courts, or swimming pools.

Person means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.

Promotion means a display of any logo, brand name, character, graphic, artwork, colors, scenes, or designs that are a recognized image of a particular product brand that calls the public's attention to the product brand.

Publicly visible location means any outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or any location inside a commercial establishment that is in or adjacent to a window or doorway and is visible from any street, sidewalk, or other public thoroughfare.

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

Youth center means any designated indoor public, private or parochial facility, other than a private residence or a multiple dwelling unit, which contains programs which provide, on a regular basis, activities or services for persons who have not yet reached the age of 18 years, including, but not limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, leadership development programs, vocational programs, substance abuse prevention programs, individual or group counseling, case management, remedial, tutorial or other educational assistance or enrichment, music, art, dance and other recreational or cultural activities, physical fitness activities and sports programs.

Alcoholic beverage sales:

Alcohol sales establishment means a business or operator subject to this article that requires a license from the California Department of Alcoholic Beverage Control (ABC) for onsite consumption of alcoholic beverages.

Alcoholic beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is prepared for consumption either alone or when diluted, mixed, or combined with other substances, and sales of which require a State Department of Alcoholic Beverage Control (ABC) license.

Alcoholic license means that license granted by the state which authorizes the licensee to sell alcoholic beverages.

Bar means an establishment: (A) that sells or offers for sale alcoholic beverages pursuant to a Type 48 license from the ABC; (B) that limits entry to persons of a certain age during some or all operating hours; and (C) where food service, if any, is subordinate to the sale of alcoholic beverages. This does not include a bar area that is an integrated part of a restaurant.

Brewery means a facility that produces beer, other malt beverages, or other alcoholic beverages other than spirits which require distillation.

Bona fide public eating place means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping food on the premises and must comply with all the regulations of the local department of health. Bona fide public eating places shall maintain incidental sale of alcoholic beverages only, and at least one full time cook engaged by the business enterprise to prepare meals for guests on the premises during all permitted hours of operation.

"Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually ordering and obtaining at such time, in good faith, a meal therein.

Club means a place of entertainment open at night that may serve food and liquor, and which may provide music and space for dancing.

Club license means that alcoholic license issued to a bona fide club which authorizes the sale of alcoholic beverages to club members and their guests only for consumption on club premises.

"Club" means any chapter, lodge, or other local unit of an American National Fraternal Organization which has as the owner, lessee, or occupant thereof operated an establishment for fraternal purposes. An American National Fraternal Organization as used in this chapter shall actively operate in not less than 20 states of the union and have not less than 175 local units in those 20 states, and shall have been in active continuous existence for not less than 20 years.

Department of alcoholic beverage control or ABC means the California State Department of Alcoholic Beverage Control.

Distillery means a facility where alcoholic beverages are produced through the process of distillation.

Drug store means any business establishment that is characterized primarily by the filing of prescription drugs and the sale of drugs, medical devices and supplies and non-prescriptive medicine, but where nonmedical products such as cards, candy and cosmetics are also sold, with no more than ten percent of the gross floor area devoted to the display and storage of alcoholic beverages.

Fast food restaurant means a restaurant that specializes in food that can be prepared and served quickly and that is designed for ready availability, use, or consumption, with guests ordering food from a menu board, and without the serving of food to tables by restaurant employees. A fast food restaurant may also have a walk-up or drive-through window. A fast food restaurant is not considered a "bona fid public eating place" for the purposes of this chapter.

d that can be prepared and served quickly and that is designed for ready availability, use, or consumption, with guests ordering food from a menu board, and without the serving of food to tables by restaurant employees. A fast food restaurant may also have a walk-up or drive-through window. A fast food restaurant is not considered a "bona fid public eating place" for the purposes of this chapter.

Grocery store or supermarket means any business establishment primarily selling food products, including meats, produce, and dairy products for home preparation and consumption, household merchandise, and/or prescription drugs to the public, with no more than ten percent of the gross floor area devoted to the display and storage of alcoholic beverages.

Incidental sale of alcoholic beverages means the sale of non-alcoholic beverages and other products make up no less than 51 percent of the total sales on an annual basis, measured by gross receipts.

Liquor store means any business establishment selling alcoholic beverages including beer, wine, liquor, and distilled spirits, for offsite consumption, which is regulated by the California Department of Alcoholic Beverage Control (ABC), and which is not a grocery store, specialty food store, supermarket or drug store.

Off-sale general license means that alcoholic license which authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold.

Off-sale beer and wine license means that alcoholic license which authorizes the sale of beer and wine for consumption off the premises where sold.

Off-sale CUP means a conditional use permit issued to allow a use which operates under an off-sale general or off-sale beer and wine license.

Off-sale outlet means a retail business operating under an off-sale alcoholic license including, but not limited to, grocery stores, specialty food stores, supermarkets, drugstores, and liquor stores.

On-sale general license means that alcoholic license which authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold.

On-sale beer and wine license means that alcoholic license which authorizes the sale of beer or wine for consumption on the premises where sold.

On-sale beer license means that alcoholic license which authorizes the sale of beer for consumption on the premises where sold.

On-sale CUP means a conditional use permit issued to allow a use which operates under an on-sale general license, an on-sale beer and wine license, or an on-sale beer license; it shall not include operations under club licenses.

On-sale outlet means a retail business operating under an on-sale alcoholic license including, but not limited to, restaurants (excluding fast food restaurants), banquet halls, ballrooms, piano bars, billiard and/or game parlors, night clubs, and clubs, including veteran clubs or other clubs from a nationally recognized fraternal order.

Self-service checkout system means a point-of-sale system with limited or no assistance from an employee or agent of the establishment. A "point of sale" system means any computer or electronic system used by a retail establishment such as, but not limited to, universal product code scanners, price lookup codes, or an electronic price lookup system as a means for determining the price of the item being purchased by a consumer.

Specialty food store means any business establishment selling ethnic, imported, and/or gourmet food products including such things as cheese, meats, baked goods, condiments, seasoning and novelty food and beverages, with no more than ten percent of the gross floor area devoted to the display and storage of alcoholic beverages.

Alley means a public or private roadway, generally not more than 30 feet wide, that provides vehicle access to the rear or side of parcel having other public street frontage, and that is not intended for general traffic circulation.

Allowed use means a use of land identified by article II (Base and Overlay Zones) as a permitted or conditional use that may be established with a land use permit and, where applicable, site plan review and/or building permit approval, subject to compliance with all applicable provisions of this chapter.

Alteration means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Amusement device means a mechanical or electrical device simulating the playing of basketball, boxing, soccer or other games; video games; pinball machines; skee-ball or shooting gallery; or other similar devices and equipment.

Attractive nuisance means any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or, any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

Authorized agent or representative of the owner means anyone who has authority to make a request or applications, speak for or make presentations on behalf of the owner of any property.

Automated teller machine (ATM) means computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machine may be located at or within banks, or in other locations, in compliance with article IV, division 5 (Automatic Teller Machine).

Automobile means a self-propelled free-moving vehicle primarily for conveyance on a street or roadway. The term also encompasses other types of motor vehicles such as trucks, tractors, farm machines, motorcycles, scooters, mopeds, all-terrain vehicles, boats, boat motors, aircraft, RVs, and go-cart vehicles.

Automobile repair, major means activity consisting of general repair requiring the removal of cylinder heads and crankcase pans or radiators from the vehicle to make the repair; engine rebuilding, rebuilding or reconditioning of the automobile; collision services, such as body frame or fender straightening and repair; and overall painting and undercoating of automobiles. It excludes auto wrecking and "parting out" autos.

Automobile repair, minor means activity generally consisting of routine periodic preventive maintenance to operable vehicles, and simple repair and replacement of parts on disabled vehicles. Activity includes items such as servicing of sparkplugs, batteries, distributors and distributor parts; replacing mufflers, tailpipes, generators and/or alternators, water hoses, fan belts, brakes, brake fluids, lightbulbs, fuses, windshield wipers, wiper blades, grease retainers, wheel bearings, mirrors and the like; tire servicing and repair, but not recapping or regrooving; radiator cleaning and flushing; fuel pump, fuel injection, oil pump and line repairs and minor servicing and repair of carburetors; emergency wiring repairs; minor motor adjustment. It excludes engine rebuilding, rebuilding or reconditioning of motor vehicles and collision service, such as body, frame or fender straightening and repair.

Automobile sales means the use of any building, land area or other premises for the display and sale of new or used automobiles and including any warranty repair work and other repair service conducted as an accessory use.

Automobile service station means any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuels, including, as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories, but excluding minor repair.

Awning. A permanent or temporary structure attached to, and wholly supported by, a wall or a building, installed over and partially in front of doors, windows or other openings in a building, and consisting of a frame and a top of canvas or other similar material covering the entire space enclosed between the frame.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1169. - "B" definitions.

Balcony means an accessible platform structure that projects from a building façade or wall without ground mounted structures or supports and s surrounded by a railing or parapet.

Banks and financial services means financial institutions including:

(1)

Banks and trust companies;

(2)

Credit agencies;

(3)

Credit unions;

(4)

Holding (but not primarily operating) companies;

(5)

Lending and thrift institutions;

(6)

Other investment companies;

(7)

Securities/commodity contract brokers and dealers;

(8)

Security and commodity exchanges;

(9)

Vehicle finance (equity) leasing agencies.

Does not include check-cashing or payday-loan facilities.

Basement means that portion of a building or an area enclosed by walls located below finished grade and beneath and not exceeding the first-floor footprint above, where the vertical distance from finished grade to the bottom of the finished floor above is no more than three vertical feet at all points around the perimeter of all exterior walls. A basement does not constitute a story. All basements shall be limited to one floor level and not to exceed 12 feet in height.

Bay window means a window formed as the exterior expression of a bay within a structure, a bay in this context being an interior recess made by the outward projection of the exterior finish of the exterior wall of a building with exterior bottom portion no less than six inches above grade. The purpose of a bay window is to admit more light than would a window flush with the wall line. A bay window may be rectangular, polygonal, or arc-shaped. A bay window is also called an oriel, or oriel window, when it projects from an upper story and which may be supported by corbels. Bay windows may be multi-level.

Bedroom means any room in a dwelling except a living room, bathroom, dining room or kitchen, but including a den, family room, game room, library, office, play room, sewing room, study, or other room that could, under the building code of the city, be used for sleeping purposes without structural modification, and also including an alcove, loft or similar feature within a room other than a bedroom.

Blank wall means any wall that is not enhanced by architectural detailing, artwork, landscaping, windows, doors, or similar features. Solid and mechanical doors and glass with less than 80 percent transparency are considered blank wall areas.

Boardinghouse means a building where lodging and meals are provided for compensation for five or more persons, not including a retirement home.

Building means any structure having, or originally designed to have, a roof supported by columns or walls used or maintained for the shelter or enclosure of persons, animals or property, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof. For purposes of this chapter, this definition shall supersede any other definition of this term in the city code.

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

Building coverage means the percentage of the lot area which may be covered by all buildings and structures on the lot.

Building height means the vertical distance measured from the average elevation of the finished grade of the structure to the highest point of the roof or to the average height of the highest gable of a pitch or hip roof.

Building, main means a building in which is conducted a principal use of the lot upon which it is situated as provided by this chapter.

Business frontage means the portion of a building occupied by a single business tenant, which fronts on a public street, faces a courtyard, pedestrian corridor or walkway, parking lot or alley.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1170. - "C" definitions.

Canopy depth means the maximum perpendicular distance that a canopy projects away from the building wall to which it is attached.

Canopy, nonstructural. See "awning."

Canopy, structural means an architectural feature that projects from, and is totally supported by the exterior wall of a building; provides protection from the elements to pedestrians below, or to occupants within the building; is usually positioned above a window or a door; and is permanent, in that it is not retractable and cannot be removed from the building within the building.

Canopy width means the maximum parallel distance that a canopy extends across the building wall to which it is attached.

Carport means a roofed structure over a driveway, the purpose of which is to shelter a vehicle. It may having none, one, two or three walls, but without a vehicle entrance door.

Commercial cannabis:

Cannabis shall have the same meaning as set forth in California Business and Professions Code § 26001(f), as amended from time to time, and which states that "cannabis" means 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 California Health and Safety Code § 11018.5.

oduced 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 California Health and Safety Code § 11018.5.

Cannabis accessories shall have the same meaning as set forth in California Health and Safety Code § 11018.2, as amended from time to time, and which states that "cannabis accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

Cannabis concentrate shall have the same meaning as set forth in California Business and Professions Code § 26001(h), as amended from time to time, and which states that "cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division.

Cannabis events means any planned public or social occasion which is advertised, designed to have the effect of or having the effect of gathering people, in or on any public property for any purpose where the use, purchase, exchange, display, or advertisement of cannabis, cannabis accessories, cannabis concentrate, or cannabis products occur.

Cannabis products shall have the same meaning as set forth in California Health and Safety Code § 11018.1, as amended from time to time, and which states that "cannabis products" means 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.

Caregiver or primary caregiver shall have the same meaning as set forth in California Health and Safety Code § 11362.7(d), as amended from time to time, and which states that "primary caregiver" means the individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient, and may include any of the following:

(1)

In a case in which a qualified patient or individual with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to chapter 1 (commencing with section 1200) of division 2, a health care facility licensed pursuant to chapter 2 (commencing with section 1250) of division 2, a residential care facility for individuals with chronic life-threatening illness licensed pursuant to chapter 3.01 (commencing with section 1568.01) of division 2, a residential care facility for the elderly

from a clinic licensed pursuant to chapter 1 (commencing with section 1200) of division 2, a health care facility licensed pursuant to chapter 2 (commencing with section 1250) of division 2, a residential care facility for individuals with chronic life-threatening illness licensed pursuant to chapter 3.01 (commencing with section 1568.01) of division 2, a residential care facility for the elderly

licensed pursuant to chapter 3.2 (commencing with section 1569) of division 2, a hospice, or a home health agency licensed pursuant to chapter 8 (commencing with section 1725) of division 2, the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or individual with an identification card.

(2)

An individual who has been designated as a primary caregiver by more than one qualified patient or individual with an identification card, if every qualified patient or individual with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.

(3)

An individual who has been designated as a primary caregiver by a qualified patient or individual with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or individual with an identification card.

City shall mean the City of San Fernando.

Commercial cannabis activity shall have the same meaning as set forth in California Business and Professions Code § 26001(k), as amended from time to time, and which states that "commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

Cultivation or cultivate shall have the same meaning as set forth in California Business and Professions Code § 26001(l), as amended from time to time, and which states that "cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Delivery shall have the same meaning as set forth in California Business and Professions Code § 26001(p), as amended from time to time, and which states that "delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any advertising platform or technology platform.

Distribution shall have the same meaning as set forth in California Business and Professions Code § 26001(r), as the same may be amended from time to time, and which states that "distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.

Manufacture shall mean and refer to the activities as set forth in California Business and Professions Code § 26001(ag), as the same may be amended from time to time, and which states that "manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

Medicinal cannabis or medicinal cannabis product shall have the same meaning as set forth in California Business and Professions Code § 26001(ai), as the same may be amended from time to time, and which states that "medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215),

found at California Health and Safety Code § 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation.

Medicinal and Adult-Use Cannabis Regulation and Safety Act or MAUCRSA shall mean and refer to California Senate Bill 94, as may be amended from time to time.

Microbusiness means a person holding a license issued under California Business and Professions Code § 26070(a)(3), which allows a person to engage in the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer (Type 6), and retailer, as specified in an application.

Non-storefront retailer means a person that sells cannabis, cannabis accessories, cannabis concentrate, or cannabis products, to customers exclusively through delivery.

Nursery shall have the same meaning as set forth in California Business and Professions Code § 26001(a), as amended from time to time, and which states that a "nursery" means a person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

Person shall have the same meaning as set forth in California Business and Professions Code § 26001(an), as amended from time to time, and which states that a "person" includes an individual, firm, partnership, joint venture, cooperative, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

Qualifying patient or qualified patient shall have the same meaning as set forth in California Health and Safety Code § 11362.7(f), as amended from time to time, and which states that "qualified patient" means an individual who is entitled to the protections of California Health and Safety Code § 11362.5, but who does not have an identification card issued pursuant to California Health and Safety Code § 11362.7 et seq.

ualified patient shall have the same meaning as set forth in California Health and Safety Code § 11362.7(f), as amended from time to time, and which states that "qualified patient" means an individual who is entitled to the protections of California Health and Safety Code § 11362.5, but who does not have an identification card issued pursuant to California Health and Safety Code § 11362.7 et seq.

Sell, sale, and to sell is defined under California Business and Professions Code § 26001(as) to include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.

Storefront retailer means a person that sells cannabis, cannabis accessories, cannabis concentrate, or cannabis products to customers at its premises or by delivery.

Testing laboratory shall have the same meaning as set forth in California Business and Professions Code § 26001(at), as amended from time to time, and which states that a "testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

(1)

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and

(2)

Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs.

(3)

In a case in which a qualified patient or individual with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to chapter 1 (commencing with section 1200) of division 2, a health care facility licensed pursuant to chapter 2 (commencing with section 1250) of division 2, a residential care facility for individuals with chronic life-threatening illness licensed pursuant to chapter 3.01 (commencing with section 1568.01) of division 2, a residential care facility for the elderly licensed pursuant to chapter 3.2 (commencing with section 1569) of division 2, a hospice, or a home health agency licensed pursuant to chapter 8 (commencing with section 1725) of division 2, the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or individual with an identification card.

(4)

An individual who has been designated as a primary caregiver by more than one qualified patient or individual with an identification card, if every qualified patient or individual with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.

(5)

An individual who has been designated as a primary caregiver by a qualified patient or individual with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or individual with an identification card.

Commercial recreation means any business which is operated as a recreational enterprise, either publicly or privately owner, for profit.

Cellar. See "basement."

Chief planning official means the community development director which includes his or her authorized representative.

Child means a person under 18 years of age.

Child day care means the part-time care of children who are not residents of the premises. Community day care facilities are not included in this definition.

Child day care facility means facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are also required to be

licensed by the California State Department of Social Services.

(1)

Child day care center. Commercial or non-profit child day care facilities designed, approved, and licensed as a child care center with no permanent resident. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with another related facility, or as an independent land use.

(2)

Large family day care home. A day care facility located in a residence where a full-time resident provides care and supervision for seven to 14 children. Children under the age of ten years who reside in the home count as children served by the day care facility.

(3)

Small family day care home. A day care facility located in a residence where a full-time resident provides care and supervision for up to eight children. Children under the age of ten years who reside in the home count as children served by the day care facility.

Church means a building, including a temple or other place of religious worship, together with its accessory building and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by an organized religious body. Rescue missions, tent revivals and other temporary assemblies are not included in this definition.

City administrator means the city administrator or his or her duly authorized representative(s).

City engineer means the city engineer or his duly authorized representative.

Clinic, dental or medical means a health facility providing diagnosis, treatment or care to patients not confined to the facility as inpatients. Care may include, but is not limited to, the provision of medical, surgical, dental, mental health, rehabilitation, podiatric, optometric or chiropractic services.

Club, private means any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose such as the promotion of literature, science, politics or good fellowship, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.

Commission means the city planning and preservation commission.

Code or Codes refers to the San Fernando City Code and laws incorporated therein by reference and any adopted and uncodified ordinances.

Code enforcement actions shall mean and include, but not be limited to, the time and other resources of city personnel expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at real property or in a building or structure thereon. These include, but are not limited to, site inspections; drafting reports; taking photographs; procuring other evidence; engaging in meetings, conferences and communications with responsible persons, their agents or representatives, concerning a

violation, as well as with attorneys for the city at any time; and appearances before judicial officers or reviewing authorities during the pendency of a judicial or administrative proceeding and other appearances at such judicial or administrative hearings. The time and resources that city personnel further expend to confirm that a property or structure remains free of a violation while a responsible person is on probation to a court or when a matter concerning a residential structure remains pending before a reviewing authority in an administrative action, shall also constitute code enforcement actions.

Code enforcement officer means any individual employed by the city with primary enforcement authority for city codes, or his or her duly authorized representative(s). For purposes of this chapter, a "community preservation officer" is a "code enforcement officer" as defined herein.

Common area means an entire project area excepting all lots or units granted to or reserved for individual owners or tenants.

Common interest development means any residential condominium, community apartment house, or stock cooperative.

Community center means a noncommercial facility established primarily for the benefit and enjoyment of the population of the community.

Community care facility/large means any facility as defined in the Health and Safety Code § 1502(a), which provides nonmedical care on a 24-hour a day basis to seven or more persons including, but not limited to, persons with substance abuse illnesses, physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Large community care facility shall be considered a conditionally permitted use within all residential zoned districts.

th and Safety Code § 1502(a), which provides nonmedical care on a 24-hour a day basis to seven or more persons including, but not limited to, persons with substance abuse illnesses, physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Large community care facility shall be considered a conditionally permitted use within all residential zoned districts.

Community care facility/small means any facility as defined in the Health and Safety Code § 1502(a), which provides nonmedical care on a 24-hour a day basis to six or less persons including, but not limited to, persons with substance abuse illnesses, physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Small community care facility shall be considered a permitted use within all residential zoned districts.

Condominium as defined by California Civil Code § 1351, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

Condominium, residential means property condominium.

Condominium unit means the elements of a condominium project which are not owned in common with the owners of other condominiums in the project.

Covered means any enclosed, semi-enclosed, or unenclosed building area that is covered by a solid roof.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1171. - "D" definitions.

Density means the number of housing units per gross acre, unless otherwise stated, for residential uses.

Density bonus means, for the purposes of division 8 of article III of this chapter, an increase in density over the otherwise maximum allowable residential density of a housing development as of the date of application by applicant to the community development director or their designee.

Affordable housing agreement means an agreement between the applicant and the city guaranteeing the affordability of rental or ownership units in accordance with the provision of division 8 of article III of this chapter.

Affordable housing costs means the amounts set forth in the Health and Safety Code §§ 50052.5 and 50053, as may be amended.

Childcare facility means a child day care facility other than a family day care home that includes, but is not limited to: infant centers, preschools, extended day care facilities, and school-age child care centers.

Common interest development means a condominium project as defined by Civil Code § 1351(f), or a planned development as defined by Civil Code § 1351(k) as may be amended.

Concession or incentives shall mean a benefit offered by the city to facilitate construction of eligible projects as defined by the provisions of division 8 of article III of this chapter.

Density bonus units means the residential units granted pursuant to the provisions of division 8 of article III of this chapter, that exceed the maximum allowable residential density for the development site.

Development standard includes site or construction requirements that apply to a residential development pursuant to any applicable city ordinance, general plan element, specific plan, or any other locally adopted condition, law, policy, resolution, or regulation.

Housing development means one or more groups of projects for residential units with a minimum of five residential units, including a subdivision or common interest development approved by the city and consists of residential units or unimproved lots and either: (1) a substantial rehabilitation of an existing commercial building to residential use, or (2) a substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of the Government Code § 65863.4, as may be amended, where the result of the rehabilitation would be a net increase in available residential units.

Lower income households means households defined in Health and Safety Code § 50079.5, as may be amended.

Maximum allowable residential density means the density allowed under the city's zoning ordinance and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with density allowed under the land use element of the general plan, the general plan density shall prevail.

Moderate income households means households defined in Health and Safety Code § 50093, as may be amended.

Total units or total dwelling units means the maximum number of units that can be developed on a project site under its applicable zoning designation, not including those units added by a density bonus.

Senior citizen housing development means a project as defined by Civil Code §§ 51.3 and 51.12, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code § 798.76 or § 799.5.

Very low income households means households defined in Health and Safety Code § 50105, as may be amended.

Department means the city's community development department.

Developer, when used in accordance with division 12 of article V of this chapter, means a person who has a legal or equitable interest in the real property which is the subject of a development agreement.

Development means the activity of preparing land and constructing facilities in order to establish a land use. A development also means a lot or project area together with the completed facilities and improvements thereon.

Development agreement means a development agreement enacted by legislation between the city and a qualified applicant pursuant to Government Code §§ 65864 through 65869.5.

Detached means any structure that does not have a wall or roof in common with another structure.

Director means the planning director or their duly authorized representative.

Director of public works means the public works director or his duly authorized representative.

Disability. The definition of disability shall be consistent with California Government Code §§ 12900 through 12996 and the regulations promulgated thereunder.

Drive-in and drive-thru facilities means retail or service facilities where products or services are provided to motorists who remain in their vehicles. These facilities include drive-thru fast-food restaurants, and drive-up bank teller windows, dry cleaners, pharmacies, and the like.

Distillery means a facility where alcoholic beverages are produced through the process of distillation.

Driveway means a private roadway, which provides vehicular access from a street to a parking space, parking lot, garage or other parking area.

Duplex means an apartment building containing two dwelling units.

Dwelling any structure designed or used for the shelter or housing that contains permanent provisions for sleeping, eating, cooking and sanitation, occupied by or intended for one or more persons on a long-term basis.

Dwelling, multiple-family means a dwelling consisting of three or more dwelling units per lot, including townhouses, condominiums, apartments.

Dwelling, single-family means a dwelling consisting of one dwelling unit.

Dwelling unit means one or more habitable rooms constituting a permanent, self-contained unit with a separate entrance and used or intended to be used continuously for living and sleeping purposes for not

more than one family and containing one, but not more than one, kitchen or kitchenette.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1172. - "E" definitions.

Easement means an area on a lot, and so indicated on a subdivision map or in a deed restriction or other recorded document, reserved for or used for utilities, access or public purposes.

Emergency homeless shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of 180 days or less by a homeless person, persons, household, or family operated by a public or non-profit agency. No individual or household may be denied emergency shelter because of an inability to pay. (Health and Safety Code § 50801(e)). Supportive services may include, but are not limited to, temporary lodging, meals, laundry facilities, bathing; counseling; and other basic support services such as an activities center, day care for homeless person's children, vocational rehabilitation and other similar activities.

Employee housing means housing provided for employees by the employer and are maintained in connection with any work or place where the work is performed. (Health and Safety Code § 17008(a)). Employee housing providing accommodations for six or fewer employees shall for the purpose of this chapter be treated as a single-family structure with a residential land use designation and permitted in zoning districts permitting single-family. (Health and Safety Code § 17021.5(b)).

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1173. - "F" definitions.

False mansard means a sloped wall segment that is above or projects down and away from a vertical wall of a building, and that is not a building roof, as defined by the Uniform Building Code.

Family day care home (large) means a home which provides family day care to seven to 14 children, inclusive, including children under the age often years who reside at the home, as set forth in Health and Safety Code § 1597.465, as defined in departmental regulations.

Family day care home (small) means a home which provides family day care to eight or fewer children, including children under the age often years who reside at the home, as set forth in Health and Safety Code § 1597.44, as defined in departmental regulations.

Finished grade means the elevation of the ground surface at any point after completion of development.

Finished grade, average means the average of the finished grades at the midpoints of each wall of a building or side of a structure. If a building wall is parallel to and within five feet of a sidewalk, the finished grade for that wall shall be measured at the sidewalk and opposite the midpoint of the wall.

Floor means any structure which divides a building horizontally and includes the horizontal members, floor coverings and ceiling.

Floor area, is considered the same as gross floor area or gross square footage. Floor area shall include all area within each level or floor of a structure, measured from exterior wall finish, except as otherwise defined

in this chapter. All space within each floor shall be counted towards the area for that floor and shall include, but not be limited to hallways; lobbies; stairways and elevators; mechanical or utility rooms; storage rooms; and restrooms; but shall not include basements or subterranean parking. The following specific features and structures shall also be counted towards floor area:

(1)

Bay windows. Bay window protrusions with flooring that is less than 12 inches above the top surface of the interior finished floor, and which are unobstructed with permanent structures, shall be counted as floor area.

(2)

Residential staircases. For residential structures, a staircase shall be counted only once if the area underneath the stairs is not accessible and not visible by way of solid walls encasing the area under the stairs.

Fortunetelling means the act of fortunetelling or prophesying future events or happenings affecting the personal life of another by resorting to any occult or psychic power, faculty or force; clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy or other similar activity; cards, talisman, charm, potion; spirit photography, spirit writing, spirit voices, spirit materialization, etherealization; crystal gazing, oriental mysteries or magic of any kind or nature; when such fortunetelling is carried on as a business activity for compensation or consideration of any kind or nature.

Frontage means the line along which a lot abuts a public street.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1174. - "G" definitions.

Garage means a building, or portion of a building, enclosed on four sides, designed or used for the shelter or storage of vehicles.

General plan means the long-range, comprehensive general plan adopted by the city in accordance with the provisions of the state planning and zoning law.

Grade means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1175. - "H" definitions.

Health care facility means a facility which maintains and operates 24-hour skilled nursing services for the care and treatment of chronically ill or convalescent patients, or provides supportive, restorative and preventive health services in conjunction with a socially oriented program for its residents and which maintains and operates 24-hour services including board, room, personal care and intermittent nursing care.

Hearing officer means the city employee or representative appointed by the city administrator, or a designee thereof, to hear all timely appeals from a notice of public nuisance and intent to abate with city personnel.

Health/fitness facilities means fitness centers, gymnasiums, health and athletic clubs, including any of the following: indoor sauna, spa, tanning or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor activities

Helistop means any helicopter landing area used, designed or intended to be used for the receiving and discharging of passengers or cargo on an occasional or intermittent basis, but not including appurtenant facilities permitted at a heliport other than a shelter for passengers.

Historic preservation:

Adaptive reuse means the act of rehabilitating a building or site to include elements that allow a particular use or uses to occupy a space that originally was intended for a different use.

Adverse effect means an activity or action that has the potential to diminish the significance of a historic resource.

Alteration (also alter) means any physical modification or change to a building, structure, site, object or designated interior that may have a significant adverse effect on character-defining features of a historic resources.

California Environmental Quality Act (also CEQA) means the California Public Resources Code § 21000 et seq., as it may be amended from time to time.

Certificate of appropriateness means a certificate issued by the commission approving such plans, specifications, design, statements of work, and any other information which is reasonably required by the commission to make a decision on any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a historic resource.

Certificate of no effect means a certificate issued by the director stating that proposed work on the property is minor in nature and will have no detrimental effect on the historic character of the property and therefore can proceed with the issuance of necessary permits for the proposed work.

Certified local government (also CLG) means a local government that has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.), as amended, pursuant to Section 101(c) of that Act and the regulations adopted under the Act, which are set forth in Part 61 (commencing with Section 61.1) of Title 36 of the Code of Federal Regulations.

Commission means the City of San Fernando Planning and Preservation Commission established pursuant to the provisions of article II of chapter 62 of this Code.

Contributing structure (also contributing site) means a structure or site within a historic district as designated by the city council or as listed in the state or national register that has a special character, special historic or aesthetic interest or value, and is incorporated into the district for that reason.

Demolition means an act or process that destroys or razes in whole or in part a building, structure or site, or permanently impairs its structural integrity and/or may have an adverse effect on the significance of a historic resource.

Demolition by neglect means the failure to provide ordinary maintenance and repair to a historic resource, contributing structure, or structure of merit, whether such neglect is willful or unintentional, by the owner or any party in possession of such property, which results in one or both of the following:

(1)

The severe deterioration of exterior features so as to create or permit a dangerous or unsafe condition to exist.

(2)

The deterioration of a structure or its components, including, but not limited to, exterior walls, roof, chimneys, doors, windows, porches, structural or ornamental architectural elements, or foundations, which would result in permanent damage and loss of an historic resource's architectural and/or historic significance.

Designation means the act of recognizing, labeling, and listing an historic resource into the San Fernando Register of Historic Resources by the city council. A designation formally establishes that an historic resource has historic significance.

Exterior features means the architectural style, design, general arrangement, components and natural features or all of the outer surfaces of an improvement, including, but not limited to, the type, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to such improvement, and the natural form and appearance of, but not limited to, any grade, rock, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture or other form of natural or artificial landscaping.

Fixture means a decorative or functional device permanently affixed to the site or the interior or exterior of a structure and contributing to its ability to meet historic resource criteria.

Historic American Buildings Survey (HABS) is intended to be used as a comprehensive guide for producing existing-condition measured drawings of buildings and other structures, as well as natural and man-made sites, pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) and the Historic Sites Act of 1935 (16 U.S.C. Sec 461-467), as amended.

Historic American Engineering Record (also HAER) is intended to be used as a companion program to Historic American Buildings Survey, to document structures representing technological and engineering significance.

Historic district means a geographic area or noncontiguous grouping of thematically related properties which the city council has designated as and determined to be appropriate for historical preservation pursuant to the provisions of division 7 of article III of this chapter.

Historic resource means those improvements, sites, natural features or areas designated by the city council having a special character or special historical, cultural, archaeological, architectural, community or aesthetic value as part of the heritage of the city, region, state or nation and which has been designated, pursuant to the provisions of division 7 of article III of this chapter.

Historic resources survey means the most recent comprehensive reconnaissance survey that is endorsed by the commission as listing sites and structures that are considered to have potential for designation as historic resources.

Improvement means any manmade physical object or structure, or manmade alteration of terrain or plantings, constituting a physical feature of real property.

Integrity means the ability of an historic resource to convey its significance, with consideration of the following aspects of integrity: location, design, setting, materials, workmanship, feeling and association.

Mills Act Contract (also contract) means the historical property contract between the city and property owner that provides the potential for reduced property taxes in return for the rehabilitation, restoration and preservation of an historical resource, pursuant to California Government Code § 50280 et seq. and California Revenue and Taxation Code § 439 et seq. In effect, the Mills Act contract serves as an economic incentive to owners to preserve their historic resource for the benefit of the entire community.

Nomination means a nomination for placement of an historic resource on the San Fernando Register of Historic Resources pursuant to this division.

Noncontributing structure (also noncontributing site) means a structure or site within an historic district that does not possess the qualifications or characteristics of a contributing structure due to such factors as age or alteration, but which has been included within the district because of its impact on the geographic integrity and overall character of the district.

Ordinary maintenance and repair means any cleaning, painting, or similar work that does not result in the alteration of an improvement.

Permanently affixed means, but is not limited to, attachment by screws, bolts, pegs, nails or glue, and may include such attachment as rope, glass or leather if such material is integral to the design of the device. Fixtures include, but are not limited to, lighting devices, murals, built-in furniture and cabinetry, paneling and molding, leaded glass or other decorative windows and decorative hardware.

Preservation means the act or process of applying measures to sustain the existing form, integrity, and materials of a building or structure, and the existing form and vegetative cover of a site.

Reconstruction means the act or process of reproducing by new construction the exact form and detail of a previously existing building, structure, or object, or a part thereof, as it appeared at a specific period of time.

Register means the San Fernando Register of Historic Resources, as defined herein.

Relocation means the displacement of any improvement within the same site or to a different site.

Removal means the displacement from the site of a historical resource of any device, feature, fixture, hardware, structural or decorative material contributing to the cultural, historic or architectural character of the historic resource.

Resource means any building, structure, site, area, district, place, feature, characteristic, appurtenance, landscape, landscape plan, or improvement.

Restoration means the act or process of accurately recovering the form and details of a resource and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

San Fernando Register of Historic Resources (also register) means the official list of historic resources and historic districts in the city and any properties specified in the historic preservation element of the general plan.

Secretary of the Interior's Standards for the Treatment of Historic Properties (also secretary's standards) means the Secretary of the Interior's Standards and guidelines for rehabilitation, preservation, restoration, or reconstruction of an historic resource. These standards and guidelines delineate accepted treatments for the protection and rehabilitation of materials pursuant to 36 CFR Part 68.

Site means any parcel or portion of real property which has a special character or special historical, cultural, archaeological, architectural, community or aesthetic value.

State historical building code, as defined in the California Health and Safety Code §§ 18950 through 18961, as it may be amended from time to time, allows reasonably equivalent alternatives to the adopted California Building Code to facilitate the preservation and continuing use of designated historical resources while providing reasonable safety for the building occupants and access for people with disabilities.

Structure means anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground, except areas such as walks, paved areas, tennis courts, and similar open recreation areas. This definition includes buildings.

Structure of merit means any improvement which has not been designated as a historic resource but is determined to be appropriate for official recognition by the commission pursuant to the provisions of this division.

Home occupation means any occupation, hobby or profession conducted or carried on entirely within a dwelling which does not change the character thereof and does not adversely affect other uses in the zone of which it is a part. See division 9 of article VI of this chapter. In addition, the conduct of a home occupation business shall be the business owner's primary residence, with the business activity being subordinate to the residential use of the property.

Hospital means a facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides 24-hour, inpatient care. This definition includes general acute care hospital and acute psychiatric hospital.

Hotel or motel means a facility with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms

from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, and the like. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities, such as swimming pools, tennis courts, indoor athletic/fitness facilities, and accessory retail uses. This use includes bed and breakfasts.

Housing development project means a housing development project that meets the following definition per Government Code § 65589.5(h)(2), as may be amended from time to time:

(1)

Residential units only.

(2)

Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

(3)

Transitional housing or supportive housing.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1176. - "I" definitions.

Individual with a disability shall be defined such that an individual with a disability shall be consistent with California Government Code §§ 12900 through 12996 and the regulations promulgated thereunder

Inoperable vehicle means and includes, without limitation, any vehicle that is incapable of being lawfully driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles lacking a current registration, vehicles that have a "planned nonoperational" status with the California Department of Motor Vehicles, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1177. - "J" definitions.

Junk includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:

(1)

Condition of damage, deterioration, disrepair or nonuse.

(2)

Approximate age and degree of physical deterioration.

(3)

Location.

(4)

Present operability, functional utility and status of registration or licensing, where applicable.

(5)

Cost of rehabilitation or repair versus its market value.

Junkyard means real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and the premises are in full compliance with all provisions of this chapter and all other applicable provisions of this Code, as well as all future amendments and additions.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1178. - "K" definitions.

Kennel means a place where four or more dogs or cats, aged four months or more, are kept, boarded or trained, whether by the owners of the dogs or cats or by persons providing facilities and care, with or without compensation.

Kitchen room or space within a structure containing a combination of the following facilities that are capable of being used for the cooking or preparation of food: oven/microwave oven, stove, refrigerator exceeding six cubic feet, and sink.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1179. - "L" definitions.

Landscape standards:

Canopy tree means a tree that has a protected canopy size of at least 20 feet [in] diameter and is drought tolerant. Palm trees do not fulfill this requirement.

Drought-tolerant landscape means landscaping with plants that can grow or thrice with minimal water or rainfall.

Hardscape means areas of private yard or open space that include textured pervious concrete pavers, paved walkways, paved patios and decks, masonry planters, wood planter boxes, walls, fences, and all impervious paved areas such as driveways, parking areas, and access roadways.

Heritage tree (see section 98-38) means specifically designated by city council upon recommendation by the city's tree commission as a heritage tree which meets one or more of the following set of criteria:

(1)

The tree's age and association with a historic building or district gives the tree historical significance;

(2)

The tree represents a specimen that is particularly rare in the Los Angeles basin and is of considerable size and age;

(3)

The tree possesses unique characteristics or special horticultural significance;

(4)

The tree is of a significant size and/or makes a significant and outstanding aesthetic impact to its setting and is an exceptional specimen in good condition and health; or

Landscaping or landscaped area means all the planting areas, turf areas, and decorative features in a landscape design plan such as boulders river and lava rock, fountains, ponds, rock riverbeds, pedestrian bridges or other features, as determined by the director, that are consistent with this section. The landscape area does not include footprints of buildings or structures, paved areas for pedestrian or vehicular access such as walkways sidewalks, driveways, or parking lots, nor decks, patios, gravel, or stone walls.

Living wall means a vertical garden, green wall, or plant wall that grows in containers or attached to the wall of a commercial building with a smaller setback area than required for landscaping.

Low impact development means a stormwater runoff management strategy that mimics natural hydrologic conditions.

Model Water Efficient Landscape Ordinance (MWELO) means the statewide water efficiency law regulated by the State of California which aims to prevent water waste on irrigated landscapes by setting limits on high water use plants and irrigation equipment, and promoting drought tolerant landscaping practices that incorporate healthy soils, adapted plants, and alternative water supplies.

Native tree means any tree with a trunk more than eight inches in diameter at a height of four and one-half feet above natural grade that is one of the following species:

(1)

Quercus agrifolia (Coast live oak),

(2)

Quercus lobata (Valley oak),

(3)

Umbellularia californica (California bay),

(4)

Cercis accidentalis (Western redbud),

(5)

Lyonothamnus floribundus, ssp. Asplenifolius (Santa Cruz island ironwood, Catalina),

(6)

Parkinsonia "Desert Museum" (Desert Museum palo verde),

(7)

Prunus ilicifolia ssp. Lyonii (Catalina cherry)

(8)

Chilopsis linearis (Desert willow),

(9)

Calocedrus decurrens (incense cedar), and

(10)

Pinus torreyana (Torrey pine).

Private property means residential, commercial, or industrial property with a legal designation for the ownership by non-governmental legal entities.

Private tree means any tree on privately owned property.

Protected tree means a protected tree meeting the criteria established by resolution of the city council by species and size of tree which is thereby presumed to possess distinctive form, size or age, and to be an outstanding specimen of a desirable species and to warrant the protections of this chapter

Tree removal means the uprooting, cutting or severing of the main trunk, or major branches, of a tree or any act which causes, or may be reasonably expected to cause a tree to die, including, but not limited to, the following:

(1)

Inflicting damage upon the root system of a tree by root pruning, machinery, storage of materials, or soil compaction;

(2)

Substantially changing the grade above the root system or trunk of a tree; and

(3)

Excessively or improperly pruning a tree.

(4)

Damage to trunk, where the tree would not likely survive.

Trees means any woody perennial plant, usually having a single main axis or trunk, but including specimens of such plants having multiple trunks.

Tree trimming means the removal of dead, dying, diseased, life interfering, objectionable and weak branches in accordance with the most current and best practices of the National Arborist Association (NAA) and International Society of Arboriculture (ISA).

Live entertainment, accessory means live entertainment activities related, and clearly subordinate to a principal use of a commercial business or establishment. Examples of accessory live entertainment include live performance, performed by one or more persons, whether or not done for compensation and whether or not admission is charged, such as a musical act; theatrical play or act, including stand-up comedy, magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers, or digital music players when the disc jockey is in verbal communication with the clientele of the establishment.

Live entertainment, incidental means live entertainment activities incidental to the primary use of the commercial business or establishment. Examples of incidental live entertainment include book or poetry readings; parlor games or party games; stand-up performances, such as by comedians or actors; speeches, lectures, or panels; live, unamplified background music; and live, unamplified open mic events. Incidental live entertainment may include other activities as determined by the director to be of the same general character as those listed above, and deemed to not be objectionable or detrimental to surrounding properties and the neighborhood or have a negative impact related to traffic, noise, parking, or public safety.

Livestock means any large, live domestic animal, including, but not limited to, horses, cows, sheep, goats, pigs, hogs and fowl such as chickens, turkeys, peacocks, guineas, geese or ducks.

Live/work unit means an integrated housing unit and working space occupied and utilized by a single household, in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity.

Loading area means an off-street space or berth on the same lot with a building, or group of buildings, designed or used for temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Low barrier navigation centers means a low barrier, temporary living facility providing temporary living facilities for homeless individuals and families while offering health services, shelter, and housing.

Lot or parcel means a recorded lot or parcel of real property under single ownership, lawfully created as required by the subdivision map act and city ordinances, including this title. Portions of a lot or parcel that are within the public right-of-way and restricted by easement, or similar instrument, to sidewalk, alley, or street uses shall not be considered a part of the lot or parcel.

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Lot area means the total area within the lot lines of a lot excluding any existing or proposed street, highway, alley right-of-way or other public or private easements where the owner of the property does not have the right to use the entire surface of the land. For density calculations involving State Density Bonus Law projects, see Government Code § 65915.

Lot coverage means the percentage of the total lot area covered by enclosed structures, and/or carports, but excluding steps, driveways, walks, terraces and swimming pools.

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

Lot, flag means a lot with access to a street by means of a private driveway access easement or parcel of land with a minimum width of 15 feet.

Lot depth means the horizontal distance measured from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot, interior is defined as a lot that shares both rear and side lot lines and is bounded on one side by a street or easement that has been determined is adequate for access and with adjoining lots and is not defined as a corner, reverse corner or through lot.

Lot, key is defined as a lot that has a side lot line that abuts the rear lot line of a reverse corner lot.

Lot line means any line bounding a lot as defined in this section.

Lot line, front means the lot line separating a lot from a public right-of-way. If a lot has more than one street frontage, the front lot line shall extend across the narrowest portion of the lot.

Lot line, interior means a lot line which is common to two abutting lots.

Lot line, rear means a lot line which is opposite and most distant from the front lot line. For an irregular or a triangular shaped lot, the rear lot line shall be an assumed line parallel to and passing through the point of the lot which is at the greatest distance from the front lot line.

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

Lot, reverse corner is defined as a corner lot with a side lot line that is substantially a continuation of the front lot line of the key lot that abuts the reversed corner lot.

Lot, through means a lot having frontage on two parallel or approximately parallel streets.

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Examples of Lot Types

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

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(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1180. - "M" definitions.

Mobile home means a structure, transportable in one or more sections, designed or used for human habitation by one family.

Mobile home park means any area or tract of land intended, maintained or designed for the purpose of supplying a location or accommodation for two or more mobile homes including all buildings used or intended to be used as part of the equipment of such facility regardless of whether a charge is made for such use. Not included in this definition are trailer camp, trailer park and similar terms.

Mobile home site means that portion of a mobile home park designated for use or occupancy of one mobile home, including all appurtenant facilities thereon, for the exclusive use of the occupants of the mobile home.

Motel means a building or group of buildings containing rooming units or dwelling units with automobile parking space provided in conjunction therewith, and designed, intended to be used or used primarily for the accommodation of transient automobile travelers.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1181. - "N" definitions.

Nonconforming structure means a structure that was legally constructed and which does not conform to current code provisions/standards prescribed for the zoning district in which the structure is located.

Nonconforming use means a use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this title, and which does not conform to current code provisions governing allowable land uses for the zoning district in which the use is located

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1182. - "O" definitions.

Occupancy means the purpose for which land or a structure is used or intended to be used. Change of occupancy does not include a mere change of owners, tenants or proprietors.

Offices include administrative/business, government, media production/post-production, broadcasting and professional offices such as real estate offices, travel agencies, advertising agencies, graphic design, architecture and engineering services, attorneys, accounting services, counseling services, and computer software production and programming, among others. These do not include: medical or dental offices (see "clinic, dental or medical"); or offices that are incidental and accessory to another business or sales activity that is the primary use.

Open space, usable means open space, excluding required yards, which has an average gradient of not more than five percent. Usable open space may include such features as balconies, terraces and roof gardens, which are not ground areas included in the definition of open space.

Open space, common means areas of a developed site that are available for active and/or passive recreational use by residents of a multiple-family residential project.

Open space, private means an area of a developed site that directly accessible from an individual dwelling unit, which is available for active and/or passive recreational uses by the inhabitants of the dwelling unit, and which is open on top or on at least one side.

Ornamental feature means a statue, fountain, sculpture or any other similar freestanding decorative element that does not provide shelter and is not a sign, and which serves an aesthetic purpose.

Outdoor retail sales and display means the long-term placement of goods or merchandise not located within an entirely enclosed building and without screening or fencing. Ancillary to a primary.

Outdoor festival means any music festival, dance festival, rock festival or similar musical activity to which both of the following apply:

(1)

Attendance by more than 500 persons is desired or may reasonably be expected; and

(2)

The festival will be held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of or is so constructed that it can be used for conducting such activities.

Owner means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of, such property.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1183. - "P" definitions.

Park or playground, public means a publicly owned recreation area and appurtenant facilities.

Parking area means an area, other than a street or alley, available for temporary storage of vehicles in active use regardless of whether such vehicle storage is for remuneration.

Parking space means a readily accessible usable off-street area, not including aisles, driveways, walkways, ramps, loading, maneuvering or work areas, maintained exclusively for the parking of one motor vehicle.

Parking structure means a structure, or portion thereof, within or upon which parking area is located.

Person as used in this chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

Personal property means property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.

Planned development means the planning, construction or implementation and operation of any use or structure, or combination of uses and structures, based upon a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.

Planning department means the city planning division.

Porte cochere means a roofed structure extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter a person entering or exiting a vehicle.

Primary structure means a structure that accommodates the primary use of the site.

Primary use shall be main purpose for which a site is permitted, developed and occupied, including the activities that are conducted on the site during most of the hours when activities occur.

Premises means the actual space within a building or any area on site, either directly or indirectly supporting alcoholic beverage sales.

Primary single-family dwelling unit means a detached residential dwelling unit constructed on a permanent foundation on a lot zoned for residential uses, which is designed for occupancy as the primary living quarters by one person or one family with independent living facilities that provide for living, sleeping, eating, cooking, and sanitation. The lot on which the primary single-family dwelling unit is located may or may not include a accessory dwelling unit.

Project area means a lot or combination of contiguous lots, whether or not held in the same ownership, which are used or intended to be used for a planned development.

Project grading means any excavation or fill, or combination thereof, necessary and incidental to building construction or other lawful development of the premises.

Public nuisance means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, building, structure, street or highway. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the city code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the city code.

Public utility distribution substation means a facility whereby a public utility company distributes the utility for consumer use.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1184. - "Q" definitions.

Qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of a proposed development agreement.

Quasipublic use means a use operated by a private nonprofit educational, religious, recreational, charitable or medical institution, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools, universities, private hospitals and youth centers.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1185. - "R" definitions.

Real property or premises means any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. "Real property" or "premises" includes any parkway or unimproved public easement abutting or adjacent to such real property, whether or not owned by the City of San Fernando.

Reasonable accommodation means any deviation or waiver requested and/or granted from the strict application of various land use, zoning, or building laws, development standards, rules, policies, practices and/or procedures of the city, to individuals with a disability, or developers of housing for people with disabilities, when it is necessary to eliminate barriers to housing opportunities and provide an equal opportunity to use and enjoy a dwelling. Deviations may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and

maintenance of landscaping and erosion control measures; regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; requirements for periodical review by the director; and such other conditions as the director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare.

Applicant means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of land use or zoning provisions of this division.

Individual with a disability means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such impairment; but not including an individual's current, illegal use of a controlled substance, unless an individual has a separate disability.

Fair housing laws mean the "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604 (f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code § 12900, et seq.), including reasonable accommodation required specifically by California Government Code §§ 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.

Recreational vehicle means a camp car, camper, motor home, travel trailer or similar vehicles, with or without motive power, but not a mobile home.

Replacement means removing an existing support structure and constructing a new support structure of equal height and proportions to the preexisting support structure in order to accommodate co-location.

Residence or residential means a dwelling, group quarters, mobile home or other permanent living accommodations, or features pertaining thereto.

Residential structures shall mean and include all structures and premises that are regulated by the California State Housing Law [California Health and Safety Code, Div. 13, Pt. 1.5, § 17910 et seq.], and any future amendments thereto. These include, but are not limited to, apartment houses, hotels, motels, and dwellings, and residential buildings and structures accessory thereto.

Responsible person means any person, whether as an owner as defined in this chapter, or otherwise, that allows, causes, creates, maintains, suffers or permits a public nuisance, or any violation of the city code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the real property or building or structure thereon in which a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

Restaurant or bona fide public eating place means an establishment engages in the sale of food and beverages for consumption on or off the premises which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on the premises and must comply with all the regulations of the local department of health. Restaurants shall maintain incidental sale of alcoholic beverages only, and at least one full time cook engaged by the business enterprise to prepare meals for guests on the premises during all permitted hours of operation. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually ordering and obtaining at such time, in good faith, a meal therein.

Retail means the purchase, sale, distribution, delivery or other transaction involving the handling or disposition of any article, substance, commodity or service, for profit or livelihood, direct to the ultimate consumer, including the following:

(1)

Artisan shops. Retail stores selling art glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

(2)

Building material stores. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, tile, fixtures, nursery stock, lawn and garden supplies. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies to the trade are classified in "wholesaling and distribution." Hardware stores are listed in the definition of "general retail stores," even if they sell some building materials.

(3)

Construction equipment sales. Retail establishments selling or renting heavy construction equipment, including cranes, earth-moving equipment, heavy trucks, and the like.

(4)

Convenience stores. Retail stores of 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility.

(5)

General retail stores. Stores and shops selling lines of merchandise not specifically listed under another use classification. Such types of stores and lines of merchandise include:

a.

Appliances;

b.

Florists and houseplant stores (indoor);

c.

Antiques;

d.

Furniture and home furnishing;

e.

Grocery stores;

f.

Artists' supplies;

g.

Hardware;

h.

Auto parts (not including repair);

i.

Bakeries (retail only);

j.

Hobby materials;

k.

Bicycles;

l.

Jewelry;

m.

Books;

n.

Luggage and leather goods;

o.

Cameras and photographic supplies;

p.

Musical instruments, parts and accessories;

q.

Clothing and accessories;

r.

Newsstands;

s.

Collectable items sales;

t.

Orthopedic supplies;

u.

Computer and computer equipment;

v.

Religious goods;

w.

Consumer electronics;

x.

Small wares;

y.

Curio, gift and souvenir shops;

z.

Specialty shops;

aa.

Department stores;

bb.

Sporting goods and equipment;

cc.

Stationery;

dd.

Drugstores and pharmacies;

ee.

Dry goods;

ff.

Toys and games;

gg.

Fabrics and sewing supplies;

hh.

Variety stores.

(6)

Pawn shops. Retail establishments that accept personal property as collateral for loans, and offer the property for sale to the public.

(7)

Secondhand stores. Indoor retail establishments that buy and/or sell used products, including books, clothing, furniture, and household goods. The sale of cars and other used vehicles is included under "vehicle sales."

(8)

Shopping center. A site occupied by a mix of commercial uses that are primarily retail stores, but may also include personal service uses, eating and drinking establishments, or other uses where the businesses share common pedestrian and parking areas.

(9)

Warehouse retail. A retail store emphasizing product lines other than groceries, with a sales floor of 40,000 square feet or larger, that typically package and sell products in large quantities or volumes, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.

Retirement home means a facility, which offers or provides lodging, with or without meals, primarily for aged persons but does not include any facility defined as a community care facility.

Rummage sale means a sale of donated articles by a church, synagogue, charitable, fraternal or patriotic organization, or public or parochial school.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1186. - "S" definitions.

Satellite receiving antenna means any dish-shaped antenna designed to receive direct satellite signals.

Satellite receiving antenna diameter means the diameter of a satellite receiving antenna which shall be measured by the line bisecting the dish-shaped antenna extending from the outer edge on one side to the outer edge on the opposite side.

School, private means a private institution of learning which is generally supported by tuition, fee, or donation and which offers instruction in areas of academic, vocational and avocational pursuits, but not including a trade school.

School, public means a publicly owned institution of learning supported primarily by public funds.

School, trade means a school primarily offering instruction in the technical and/or trade skills such as electronic schools, automotive and aircraft technician's schools and similar establishments.

(1)

An efficiency dwelling unit, as defined in California Health and Safety Code § 17958.1.

(2)

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

Service means an act or any result of useful labor which does not in itself produce a tangible product.

Setback means the shortest horizontal distance, measured at ground level and above, between a building or structure and a lot line or other specified line. (For requirements, see the building lines chart in article IV of this chapter.)

Setback, front yard is defined as the area extending across the full width of the lot between its front lot line and a parallel line 20 feet away from the front lot line.

Sign means any device used for visual communication or attraction including any announcement, declaration, demonstration, illustration, insignia, symbol, name, figure, painting, character, outline, spectacle, delineation, advertising, billboard, signboard, device, appliance or any other thing of similar nature to advertise or promote the interest of any person or thing, either outdoors or on the face, wall or window of any building, and includes all parts, portions, units and materials composing such, together with the frame, background, support and anchorage therefor.

, character, outline, spectacle, delineation, advertising, billboard, signboard, device, appliance or any other thing of similar nature to advertise or promote the interest of any person or thing, either outdoors or on the face, wall or window of any building, and includes all parts, portions, units and materials composing such, together with the frame, background, support and anchorage therefor.

Sign, business means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance or any part thereof which has been designed, constructed, created, intended or engineered to have a useful life of 15 years or more, and intended or used to advertise, or to provide data or information in the nature of advertising for any purpose to:

(1)

Designate, identify or indicate the name or business of the owner or occupant of the premises upon which the advertising display is located.

(2)

Advertise the business conducted, services available or rendered or the goods produced, sold, or available for sale, upon the property where the advertising display has been lawfully erected.

Sign, canopy means a sign attached to the underside of an awning or canopy.

Sign, electronic message center means any sign which is controlled by electronic process or remote control in such a manner that different copy changes are instantaneously displayed on the same lamp bank.

Sign face area means the total surface area computed by drawing intersecting straight lines which form the boundary of the area within which words, letters, figures, symbols or pictures could be placed.

Sign, flashing or scintillating means any sign which by any method or manner of illumination either flashes on or off, winks or blinks with varying light intensity; shows motion or creates the illusion of motion; or revolves in a manner to create the illusion of being on or off. Automatic changing signs such as public service time and temperature signs or electronic message center signs shall not be considered a flashing or scintillating sign.

Sign, freestanding means any sign supported directly on the ground. This definition includes pole signs, ground signs and other signs detached from a building.

Sign, identification means a sign in a residential zone, directing attention to the principal use located upon the premises where the sign is displayed.

Sign, illuminated means any sign designed to emit or brightly reflect artificial light.

Sign, outdoor advertising (billboard) means any sign directing public attention to a business, profession, product or service that is not a principal business, profession, product or service which is sold, manufactured, conducted or offered on the premises where such a sign is erected or maintained.

Sign, painted means a sign painted directly on a building and does not include those signs which are painted onto a piece of wood or other material which is then attached to a building.

Sign, political means a sign stating the name and/or picture of an individual seeking election or appointment of a public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies.

Sign, real estate advertising means an on-site sign offering property for sale, lease or rent which may contain the name, address and/or telephone number of a real estate broker or property owner.

Sign, roof means any sign erected, constructed or placed upon or over a roof of a building and which is wholly or partly supported by any structure located on the roof of such building.

Sign, revolving means a sign or portion thereof which rotates, moves or appears to move in some manner by mechanical, electrical, natural or other means.

Sign, seasonal or special event means a sign used for the purpose of promoting a national or state holiday, Fiesta Days, or county fair. Other special events may be defined by resolution of the city council.

Sign, supergraphics means a painted design which covers an area greater than ten percent of a wall, building façade, or other structure. A supergraphics is a sign only if it displays or suggests information which identifies or advertises by name or symbol. Otherwise, supergraphics shall be considered an architectural embellishment subject to approval of the planning commission.

Sign, structure means a structure existing, erected or maintained to serve as a stand, frame or other background for the support or display of signs. This definition is limited to freestanding structures which have the primary purpose of supporting a sign, except that a building or other structure upon which a sign is mounted shall be counted as a sign structure for the purpose of regulating the number of sign structures permitted.

Sign, subdivision directional means an off-site sign used for the purpose of providing travel directions to a subdivision development.

Sign, temporary advertising means a sign displayed for a period not exceeding 45 days directing attention to a business, profession, product or service that is a principal business, profession, product or service on the premises where such sign is erected or maintained.

Sign, wall means any sign posted, painted on, suspended from or otherwise affixed to the wall, parapet wall or roof fascia of any building or structure in an essentially flat position or with the exposed face of the

sign in a plane approximately parallel to the plane of such wall, parapet wall or roof fascia, provided that the sign shall not extend more than three feet above the roofline or parapet wall of the building.

Sign, window means a sign, exposed to public view, that is attached to or is intended to be seen in, on or through a window. The display of merchandise shall not be considered a sign.

Single room occupancy unit (SRO) means any building containing five or more guestrooms or units each with a minimum floor area of 200 square feet and a maximum floor area of 350 square feet intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by residents, which is also the primary residence of those residents. These dwelling units shall have kitchen and bathroom facilities. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

Site means a parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Portions of a site that are within the public right-of-way and restricted by easement, or similar instrument, to sidewalk, alley, or street uses shall not be considered a part of the site (except for calculations of gross lot area and density).

Site plan means a rendition of a plan to scale, showing all the uses, yard areas, parking, landscaping, structures and other features existing or proposed on a site. A site plan shall comply with the any applicable city checklist.

Special use permit means an approval of a land use granted and referred to as a special use permit under previous zoning regulations.

Specified anatomical area shall have the meaning as set out in section 106-1022.

Specified sexual activities shall have the meaning as set out in section 106-1022.

Storage means the use of land or structures for the accumulation or holding of goods, merchandise, equipment or material.

Storage, outdoor means the storage outside of an enclosed building for any purpose other than display.

Street means a right-of-way open to or intended to be opened to the public primarily for the movement of vehicles and access to adjacent property. This definition does not include an alley or walkway.

Street, arterial means a street designated as a major or secondary highway on the master plan of highways of the city's general plan.

Street, collector means a street designated as a collector street on the master plan of highways of the city's general plan.

Street, primary means a street designated as a primary street on the master plan of highways of the city's general plan.

Street, private means a street not dedicated for public use.

Street, public means a street dedicated for public use.

Structure means anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground, except outdoor areas such as walks, paved areas, tennis courts, and similar open recreation areas. This definition includes buildings.

Structure height means the vertical distance from the average finished grade to the highest part of the structure.

Support structure means a structure designed to primarily support wireless telecommunications facilities including, but not limited to, monopoles, towers and other freestanding self-supporting structures.

Supportive housing means housing with no limit on the length of stay and that is occupied by a target population as defined by Health and Safety Code § 53260(d), as the same may be amended from time to time, and that provides a significant level of onsite and offsite services that assist the supportive housing residents in retaining the housing, improving their health status, maximizing their ability to live, and when possible, work in the community. Supportive housing shall be treated under this chapter as a residential use and shall be allowed as a permitted use in zoning districts permitting multiple-family and mixed-use development.

Swap meet means the use, rental, or lease of stalls or areas inside or outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, or art exhibits.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1187. - "T" definitions.

Tap room means a use associated with, or on the same premises as, a brewery, at which guests may consume and purchase, for on- or off-premises consumption, the manufacturer's products and other nonalcoholic beverages or food. Food service is not required.

Tasting room means a use associated with, or on the same premises as, a winery or distillery, at which guests may consume and purchase, for on- or off-premises consumption, the manufacturer's products and other nonalcoholic beverages or food. Food service is not required.

Tobacco advertising and promotion:

Advertising. See "alcohol advertising."

Advertising display. See "alcohol advertising."

Area which minors frequent means any school, child-care center, youth center, or park.

Child-care center. See "alcohol advertising."

Cigar lounge means a private smokers' lounge of an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes.

Park. See "alcohol advertising."

Person. See "alcohol advertising."

Promotion. See "alcohol advertising."

Publicly visible location. See "alcohol advertising."

School. See "alcohol advertising."

Tobacco product means any substance containing any tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, smokeless tobacco, and products prepared from tobacco and designed for smoking or ingestion.

Tobacco shop means a business establishment whose main purpose is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.

Vendor-assisted sale means a purchase requiring a direct, face-to-face exchange between the retailer and the customer, in which the vendor has access to the tobacco product, and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.

Youth center. See "alcohol advertising."

Townhouse means attached or semidetached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot.

Trailer means a vehicle without motive power which is designed to be drawn by an automotive vehicle to be used for human habitation or for the transporting of personal property.

Transient means a person who receives lodging at a given location, with or without meals, for a period of not more than 180 days.

Transitional housing means housing operated under program requirements that call for 1) the termination of any assistance to an existing program recipient and 2) the subsequent recirculation of the assisted residential unit to another eligible program recipient at some predetermined future point in time, which point in time shall be no less than six months into the future (Health and Safety Code § 50675.2(h)). Transitional housing may provide, but not be limited to, meals, counseling, and other services as well as common areas for residents. Transitional housing may be provided under all residential housing types. In all cases, transitional housing shall be treated as a residential use under this chapter and shall be allowed as a permitted use in zoning districts permitting multiple-family and mixed-use development. Transitional housing shall be subject only to those restrictions that apply to other residential and mixed uses of the same development type located in the same zoning district.

Truck terminal or truck yard means a principal use of land for parking, servicing, repairing or storage of trucks in active use.

Two-unit development:

Car share means a service through which vehicles are made available for hourly or daily use. Vehicles are typically picked up and dropped off at designated parking locations within the community and are made available to provide flexible access to a vehicle.

Dwelling unit. As used in this section, "dwelling unit" refers to any primary residential unit which is not an accessory dwelling unit as defined in article VI of this Code or a junior accessory dwelling unit ("junior ADU") as defined in Government Code § 56852.22.

Residential unit or unit. As used in this section, "residential unit" or "unit" refers to a dwelling unit, accessory dwelling unit and junior ADU.

Tenant means a person who occupies land or property rented from a landlord.

Two-unit urban residential development means development of no more than two primary dwelling units pursuant to this section 106-762.

Urban lot split. As used in this section, refers to an urban lot split as defined in section 78-182 of the Code.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1188. - "U" definitions.

Use means the type of activity, occupancy or purpose for which land, buildings, or facilities are arranged, designed or intended to be occupied or maintained.

Use, principal means a use which is not subordinate, incidental or accessory to some other use on the same lot or project area.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1189. - "V" definitions.

Vacant shall mean real property or any building or structure thereon that is not legally occupied. Factors that may be used to determine whether real property, or building or structures thereon, is vacant include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

Variance means a waiver or conditional waiver of specific regulations of this chapter as applied to a specific case and granted by the city in accordance with the provisions set forth in this chapter for variances (see division 7 of article II of this chapter).

Vehicle means any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right-of-way, and includes all vehicles as defined by the California Vehicle Code, and all future amendments thereto. "Vehicle" does not include devices (i) that are propelled exclusively by human power such as bicycles and wheelchairs, or (ii) those that are used exclusively upon stationary rails or tracks.

Veterinary clinic means any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding a kennel, animal hospital or other overnight

care on a regular basis.

Veterinary hospital means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. The use of the premises as a kennel or a place where animals or pets are boarded for remuneration may be permitted only when incidental to the principal use.

Violation shall mean and include a public nuisance as described or referred to in this chapter, or any condition, activity or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, or inaction) by a responsible person in violation of any other provision, regulation, or requirement of the city code, or any applicable county, state or federal laws or regulations.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1190. - "W" definitions.

Walls and fences:

Existing finish grade is defined as the natural or existing grade of the property prior to excavation, construction or grading of undisturbed soil.

Non-view obscuring fence is defined as a fence with view obscuring element between posts or pilasters not exceeding 50 percent of the total surface area of a fence. The area of the pilasters is exempt from the 50 percent calculation.

Warehouse means a building or portion of a building used primarily for the deposit, storage or safekeeping of goods, regardless of whether the goods are offered for sale.

Wine bar means a bar that specializes in serving wine rather than beer or liquor.

Wireless telecommunications facility means any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communication service (PCS), and paging service. A wireless telecommunications facility consists of one or more antennas on a support structure and any accessory equipment, fences, lighting or other appurtenances. A wireless telecommunications facility does not include any facility that is not used for wireless telecommunication, or radio frequency machines which have an effective radiated power of 100 watts or less.

Accessory equipment means any equipment building, shelter, or cabinet serving or being used in conjunction with a wireless telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, and shelters or other structures associated with the operation of a wireless telecommunications facility or support structure.

Antenna means any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal communication services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as any system of wires, poles, rods, discs, reflecting discs, panels, flat panels, dishes, whip antennae, or other similar devices used for the transmission or reception of radio frequency electromagnetic waves. Antennas include devices

having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of all antennas shall include the highest point of all array structures.

Co-location means the placement of more than a single antenna on a telecommunications site or facility, including antennas operated by different wireless telecommunications service providers.

Cell on wheels (COW) means a portable self-contained site that can be moved to a location and set up to provide personal wireless telecommunications services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

Federal Communications Commission (FCC) means the governmental agency responsible for regulating wireless telecommunications in the United States.

Monitoring protocol means an industry accepted radio-frequency radiation measurement protocol used to determine compliance with FCC radio frequency radiation exposure standards in accordance with the National Council on Radiation Protection and Measurements Reports 86 and 119 and consistent with the radio frequency radiation modeling specifications of the most recent edition of the FCC Office of

Engineering and Technology's "OET Bulletin 65" (or any superseding reports/standards) which is to be used to measure the emissions and determine radio frequency radiation exposure levels from existing and new telecommunications facilities.

Monopole means a single, freestanding poly-type structure supporting one or more antennas. These structures are sometimes camouflaged to look like palm trees or pine trees. For purposes of this chapter, a monopole is not a tower.

Non-ionizing electromagnetic radiation (NEIR) means radiation from the portion of the electromagnetic spectrum with frequencies of insufficient energy to break chemical bonds, including all frequencies below the ultraviolet range such as visible light and radio frequency radiation.

Replacement means the removing of an existing support structure and constructing a new support structure of equal height and proportions to the preexisting support structure in order to accommodate colocation.

Stealth technology/techniques means camouflaging methods applied to any wireless telecommunications facility such that the wireless telecommunication towers, antennas, and/or other components of the facility in such a manner so as to render it "minimally visible", and so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer. Stealthing may utilize, but does not require, concealment of all components of the wireless facility.

Tower means a mast, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas. A lattice-type structure, guyed or freestanding, that supports one or more antennas.

Wholesale means sale for resale and not for direct consumption.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1191. - "Y" definitions.

Yard means any open space on the same lot with a building, provided that the open space is unoccupied and unobstructed from the ground upward, except for encroachments permitted by this chapter.

Yard, front means the space extending the full width of the lot between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone.

Yard, rear means a yard extending across the full width of the lot between a building and the rear lot line.

Yard, required means that portion of a yard which meets the minimum requirements of the zone in which located, and which is in compliance with all other sections of this chapter.

Yard sale means a yard, garage, patio or similar type sale for the purpose of disposing of used personal property.

Yard, side means a yard between a building and the nearest side lot line, extending from the rear of the required front yard to the front of the required rear yard.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Sec. 106-1192. - "Z" definitions.

Zone means a designation or classification of land as shown on the zoning map within which uniform regulations as provided in this chapter shall apply to the use and development of land.

Zoning map means that map specifically referred to in this chapter as the zoning map, which shows the locations of all zones.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)