Article 4 — REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES

CHAPTER 17.86. REGULATIONS FOR SPECIFIC LAND USES AND ACTIVITIES

The purpose of this Article 4 is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed by within individual or multiple zones, as set forth in Article 2, and for activities that require special standards to mitigate their potential adverse impacts.

• A. Purpose and Applicability . The purpose of this Chapter is to prescribe development and site regulations that apply, except where specifically stated, to Accessory Dwelling Units and Guest Quarters, as defined in Article 9 (Definitions).

• B. Accessory Dwelling Units. The provisions in this Subsection shall apply to Accessory Dwelling as defined in Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

  1. Purpose. The purpose of this Chapter is to provide for the creation of Accessory Dwelling Units in a manner that is consistent with requirements identified in Government Code Section 65852.2, as amended from time to time. Implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.

2. General Requirements.

• a. Application . Where this Section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply.

• b. Areas Where Accessory Dwelling Units Are Allowed . Upon meeting the requirements of this Section, Accessory Dwelling Units may be established in any zone that allows single-unit dwellings, when the primary use on the site is an existing or proposed single-unit dwelling. The existing or proposed singleunit dwelling is referred to as “primary unit” in this Section.

• c. Areas Prohibited . Accessory Dwelling Units shall not be established in any condominium, common interest development or planned development project unless specifically addressed in the planned development ordinance as adopted or amended or any mobile home subdivision or trailer park.

• d. No Subdivision of Property . No subdivision of property shall be allowed where an Accessory Dwelling Unit has been established unless the subdivision meets all requirements of Zoning and Subdivision Regulations.

• e. Sale of Property . This Section shall apply to new owners of property where an Accessory Dwelling Unit has been established. All conditions of Director’s Action to allow exceptions to maximum unit size (if applicable), restrictive covenants and other contractual agreements with the City shall apply to the property and the new owners.

• f. Unit Types Allowed . An Accessory Dwelling Unit may be either attached or detached from the primary single-unit dwelling on the lot.

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• (1) An attached accessory dwelling unit shall be defined as either attached to (by a minimum of one shared wall), or completely contained within, the primary existing space of the single-family dwelling unit or existing accessory structure.

• (2) A detached accessory dwelling unit shall be defined as new residential square footage not attached or sharing any walls with the primary existing single-family dwelling unit.

• g. Size of Accessory Dwelling Unit. The gross floor area of an Accessory Dwelling Unit shall be no less than a 150 square feet and shall not exceed the lesser of 50 percent of the primary unit’s existing living area or 800 square feet. The Director may authorize an exception to this standard to allow an Accessory Dwelling Unit up to 1,200 square feet through the Director’s Action process.

• h. Limitation on Number. Accessory Dwelling Units are limited to one unit per property.

3. Performance Standards and Compatibility.

• a. Design Standards . Accessory Dwelling Units shall conform to all applicable development standards of the underlying zone, including but not limited to height, setback area, parking, and building coverage. An Accessory Dwelling Unit that conforms to this Chapter shall not be considered a dwelling unit for the purpose of calculating density.

  • (1) Accessory Dwelling Units shall conform to all applicable building and construction codes.

  • (2) No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the Accessory Dwelling Unit, shall be required in conjunction with the construction of a detached accessory Dwelling Unit.

  • (3) No setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit.

  • (4) A setback of no more than five feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage.

  • (5) Accessory Dwelling Units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence.

  • (6) No additional parking spaces shall be required for an Accessory Dwelling Unit.

• b. Replacement of Required Parking for Primary Unit . When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an Accessory Dwelling Unit, replacement parking spaces may be located in any configuration on the same lot as the Accessory Dwelling Unit, including but not limited to covered spaces, uncovered spaces, or tandem spaces. Parking shall be permitted only in those locations specified in these Zoning Regulations.

• c. Historic Resources. Accessory Dwelling Units on listed historic properties and in historic districts shall be found consistent with the historic preservation ordinance, including historic preservation guidelines and Secretary of the Interior standards for the treatment of historic properties.

• d. Utility Connection Fees. Where an Accessory Dwelling Unit is created within an existing structure (primary or accessory), no new utility connection or payment of impact fees shall be required. For all other

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Accessory Dwelling Units, a new utility connection for the Accessory Dwelling Units and payment of impact fees shall be required.

• e. Architectural Compatibility . Accessory Dwelling Units shall be architecturally and functionally compatible with the primary residence. The Accessory Dwelling Unit shall comply with the following design standards:

  - **(1) Architectural Style and Form** . Architectural style and form shall match or be compatible with the style and form of the primary residence on the property. 
  
  - **(2) Materials** . The materials of the Accessory Dwelling Unit shall match or be compatible with the materials of the primary residence on the property.
  

4. Procedure Requirements . An Accessory Dwelling Unit that meets the standards contained in this Section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., Use Permit, Architectural Review, etc.) or public hearing. Within 120 days of receiving a complete application, the City shall approve any such application which complies with all applicable requirements and development standards identified in this Chapter.

5. Owner-Occupancy . The owner of the property shall occupy either the primary residence or the Accessory Dwelling Unit. The Director may waive this requirement in one-year increments, not to exceed a total of five consecutive years, based on a showing of a hardship. A hardship shall include, but not be limited to, inheritance of property with an Accessory Dwelling Unit.

6. Covenant Agreement . Prior to the issuance of building permits for an Accessory Dwelling Unit, a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “Accessory Dwelling Unit” and agreeing that the property will be owner occupied. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property.

7. Violations . Violation of any of the provisions shall be subject to basic code enforcement action as provided in Title 1 of the Municipal Code.

C. Guest quarters Quarters.

1. Purpose and Intent. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit.

2. Applicability. This Section does not apply to legally established dwellings or accessory dwelling units, or accessory structures which are separately defined in Chapter 17.158 XX ( : G eneral Definitions).

3. General Requirements. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions:

• a. Accessory to Primary Residence. Guest quarters may only be used in conjunction with a primary residence that contains a kitchen and may consist of detached structures or additions to primary structures.

• b. Size. Guest quarters shall be no larger than four hundred fifty square feet.

• c. Density and Development Standards. Guest quarters shall be consistent with density provisions and development standards of the underlying zone. For the purposes of calculating density in multifamily

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zones, guest quarters will be considered an additional bedroom, accessory to the primary unit. The structure may not exceed four hundred fifty square feet and shall remain in an open floor plan (studio configuration).

• d. Zones in Which Guest Quarters May Be Allowed. Upon meeting the requirements in this Section, guest quarters may be established in the following zones: R-1, R-2, R-3, R-4, and O, when the primary use on the site is a single-family dwelling.

• e. Areas Prohibited. Guest quarters shall not be allowed on nonconforming lots. Guest quarters shall not be established in any condominium or planned development project unless specifically addressed in the planned development ordinance as adopted or amended, or any mobile home subdivision or trailer park. Guest quarters shall not be allowed on lots with an existing accessory dwelling unit.

• f. Owner Occupancy. The property must be occupied by the property owner as the owner’s primary place of residence. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but can no longer be used as overnight sleeping quarters.

• g. No Separate Rental. Guest quarters may not be rented separately from the primary dwelling unit.

• h. No Kitchen Facilities. No facilities meeting the definition of a “kitchen” as defined in Chapter XX (General Definitions) may be installed and plumbing shall be provided for bathroom use only. No plumbing may be provided to “wet bars,” dishwashers, or any features that could be used for a kitchen. Plans approved for construction of guest quarters shall not include countertops or plumbing designed for subsequent installation of sinks, dishwashers, garbage disposals, or any other features consistent with the definition of a “kitchen.”

4. Procedure Requirements. Prior to filing building plans with the city building division, the following shall be met:

• a. Architectural Review Required. All requests shall be reviewed for consistency with the City’s Community Design Guidelines and this Section. The Director shall determine, upon receiving a complete application, whether the project shall be forwarded to the Architectural Review Commission for review. All new development projects within historic districts or within properties that contain designated historic structures shall be referred to the cultural heritage committee to be reviewed for consistency with Secretary of Interior standards for treatment of a historic property.

• b. Application Contents. A guest quarters permit shall be approved by the Director prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required.

• c. Owners Agreement with the City. Prior to the issuance of construction permits, a covenant agreement shall be recorded that discloses the structure’s approved floor plan and status as “guest quarters,” which cannot be used as an independent dwelling unit, and may only be used in conjunction with the primary residence that contains a kitchen. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the City upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this Section and Health and Safety codes. If a property can no longer be occupied as the owner’s primary place of residence, the guest quarters may continue to be used as habitable space (e.g., office, pool house, art studio) but shall no longer be used as overnight sleeping quarters.

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5. Conversion of Guest Quarters to an Accessory Dwelling Unit. A legally established guest quarters may either be retained in its configuration or be converted to an Accessory Dwelling Unit in compliance with the provisions of this Chapter; however, only one accessory dwelling unit or guest quarters is allowed per property.

• A. Purpose and Intent. The purpose and intent of this Chapter is to regulate adult businesses which, unless closely regulated, tend to have serious secondary effects on the community, including, but not limited to, the following: depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owner’s enjoyment of their properties when such properties are located in the vicinity of adult businesses, as a result of increases in crime, litter, noise, and vandalism; higher crime rates in the vicinity of adult businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses.

It is neither the intent nor the effect of these regulations to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult business to their intended lawful market.

Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof.

B. Definitions.

1. “Adult entertainment business” shall mean those businesses as defined as follows:

• a. Adult bookstore, adult novelty store, or adult video store is an establishment with more than twenty-five percent of: (a) its floor area devoted to; or (b) stock-in-trade consisting of; or (c) gross revenues derived from, and offering for sale for any form of consideration, any one or more of the following:

  • (1) Books, magazines, periodicals or other printed matter, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, or other visual or audio representations which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”

  • (2) Instruments, devices or paraphernalia which are designed to be used in connection with “specified sexual activities;” or

  • (3) Goods which are replicas of, or which simulate “specified anatomical areas,” or goods which are designed to be placed on or in “specified anatomical areas” or to be used in conjunction with “specified sexual activities.”

• b. “Adult live entertainment theater” means any place, building, enclosure or structure, partially or entirely used for “live adult entertainment” performances or presentations characterized by an emphasis on depicting, exposing, displaying, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons or customers therein.

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“Live adult entertainment” means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view without opaque covering “specified anatomical areas” for entertainment value for any form of consideration.

• c. “Adult motion picture or video arcade” means any business wherein coin, paper, note, or token operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matter depicting, or relating to “specified sexual activities” or “specified anatomical areas.

• d. “Adult motion picture theater” means any business, other than a hotel or motel which provides closed circuit viewing to each individual room as a secondary service to its motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matter depicting or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set.

• e. Exceptions. An “adult entertainment business” shall not include:

  • (1) Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with appropriate medical or professional credentials for the treatment of patients.

  • (2) Persons depicting “specified anatomical areas” in a modeling class operated:

    • (a) By a college, junior college, or university supported entirely or partly by public revenue; or

    • (b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by public revenue; or

    • (c) In a structure operated either as a profit or not-for-profit facility:

• (i) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

        - **(ii)** where, in order to participate in a class, a student must enroll at least three days in advance of the class. 
  
  - **(3)** The practice of massage in compliance with Chapter 5.56 of this Code.
  

2. “Specified anatomical areas.” “Specified anatomical areas” shall include the following:

• a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, and/or the female breast below a point immediately above the top of the areola; and

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

3. “Specified sexual activities.” “Specified sexual activities” shall include the following:

• a. Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

• b. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

• c. Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

• d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

• e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

• f. Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or

g . Human excretion, urination, menstruation, vaginal or anal irrigations.

4. “Individual viewing area.” “Individual viewing area” shall mean a viewing area designed for occupancy by one person.

5. “Operate.” “Operate” shall mean to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, direct, or be employed in an adult entertainment business.

6. “Operator.” “Operator” shall mean and include the owner, custodian, manager or person in charge of any adult entertainment business.

7. “Parcel of land.” “Parcel of land” means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

8. “Person.” “Person” shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity.

9. “Religious institution.” “Religious institution” shall mean any church, synagogue, mosque, temple, or building which used primarily for religious worship, religious education incidental thereto and related religious activities.

10. “Residential zone.” “Residential zone shall mean property which has a zoning designation of R-1, R-2, R-3, R-4 or such other residential zones as may be created by ordinance, or a mobile home park as defined in this Code.

11. “School.” “School” shall mean any public or private educational facility primarily attended by minors, including but not limited to, large family day care homes, nursery schools, preschools, kindergartens, elementary

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schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools, and includes school grounds.

12. “Sensitive uses.” “Sensitive uses” shall include religious institutions, residential zones and schools.

C . Location of Adult Entertainment Businesses.

1. No person shall operate or establish an “adult entertainment business,” as defined in this Code, in any area of the City, except the retail-commercial (C-R) zone or the tourist commercial (C-T) zone.

2. No building permit or zoning clearance, business license, or other permit or entitlement for business use shall be legally valid if issued by any adult entertainment business proposed to operate or be established in any area of the City except the retail-commercial (C-R) zone or the tourist-commercial (C-T) zone.

3. Any adult entertainment business proposed to be operated or established in the retail-commercial (C-R) zone or the tourist commercial (C-T) zone shall be subject to the following restrictions:

  - **a.** The establishment or operation of an adult entertainment business shall be subject to the locational criteria setting forth minimum distances from the sensitive uses and zones as follows: 

     - **(1)** 700 feet from any lot of land which is locate in a residential zone. 

     - **(2)** 700 feet from any lot of land upon which a religious institution or school is located. 

  - **b.** For the purpose of this Chapter, all distances shall be measured in a straight line, without regard for intervening structures, using the closest property lines of the lots of the land involved. 

• D. Design and Performance Standards. The establishment or operation of an adult entertainment business shall comply with the applicable fees and site development standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes adopted in compliance with Chapter 15.04 of the San Luis Obispo Municipal Code. An adult entertainment business shall comply with the applicable City business tax requirements. In addition, adult entertainment businesses shall comply with the following design and performance standards:

t standards, including, but not limited to, parking and design review, and the requirements of the Uniform Codes adopted in compliance with Chapter 15.04 of the San Luis Obispo Municipal Code. An adult entertainment business shall comply with the applicable City business tax requirements. In addition, adult entertainment businesses shall comply with the following design and performance standards:

1. Signs, advertisements, displays, or other promotional materials depicting or describing “specified anatomical areas” or “specified sexual activities” or displaying instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities” shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

2. Each adult entertainment business shall have a business entrance separate from any other nonadult business located in the same building.

3. All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.

4. No adult entertainment business shall be operated in any manner that permits the observation by the public of any material or activity depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any location beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

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5. The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

6. No loudspeakers or sound equipment shall be used by adult entertainment businesses for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

7. Each adult entertainment business shall be provided with a manager’s station which shall be used for the purpose of supervising activities within the business. A manager shall be on the premises during all times that the adult entertainment business is open to the public.

8. The interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the adult entertainment business to which any patron is allowed access for any purpose, excluding restrooms. If the adult entertainment business has two or more manager’s stations designated, then the interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view of each area of the adult entertainment business to which any patron is allowed access for any adult purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection shall be by direct line of sight from the manager’s station.

9. No individual viewing area may be occupied by more than one person at any one time. Individual viewing areas of the adult entertainment business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

10. Off-street parking shall be provided for the adult entertainment business in compliance with the parking provisions of San Luis Obispo Municipal Code Chapter 17.72 (Parking and Loading). Section 17.xx.xxx.

11. An off-site security program shall be prepared and implemented including the following items:

  - **a.** All off-street parking areas and building entries serving the adult entertainment business shall be illuminated during all hours of operation with a lighting system which provides a minimum maintained horizontal illumination of one foot candle (10 luxes) (one candlepower) of light on the parking surface and/or walkway. 

  - **b.** All interior portions of the adult entertainment business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with lighting system which provides a minimum maintained horizontal illumination of not less than two foot candles (20 luxes) (two candlepower) of light on the floor surface. 

• E. Severance Clause. If any section, subsection, paragraph, subparagraph or provision of this Chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the Chapter and the application of such to other persons, properties or circumstances shall not be affected thereby.

• F. Violations. It shall be unlawful to establish or operate an adult entertainment business in violation of this Chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Nothing in this Chapter shall be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance.

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• A. Title of Deemed Approved Alcoholic Beverage Sale Regulations. The provisions of this Section shall be known as the “Alcoholic Beverage Sales - Deemed Approved Regulations.”

• B. Purpose of Alcoholic Beverage Sales - Deemed Approved Regulations. The general purposes of the deemed approved alcoholic beverage sale regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that alcoholic beverage sales commercial activities that were established without Minor Use Permit or Conditional Use Permit approval prior to the effective date of the deemed approved alcoholic beverage sale regulations comply with the deemed approved performance standards of subsection G of this Sectio n 17.xxx.xx and to achieve all of the following objectives:

  1. To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

  2. To provide opportunities for alcoholic beverage sale activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

  3. To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;

  4. To provide that alcohol outlets specified in this Section are not the source of undue public nuisances in the community;

  5. To provide for properly maintained alcoholic beverage sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way; and

  6. To monitor that deemed approved activities do not substantially change in mode or character of operation.

• C. Applicability of Alcoholic Beverage Sales - Deemed Approved Regulations. This Section shall apply to the following alcoholic beverage sales commercial activities within the City which have been established without approval prior to the effective date of the ordinance codified in this Section and as defined in Article 9 (Definitions): 1) Eating and Drinking Establishments: Bars, Nightclubs, and Taverns, 2) Eating and Drinking Establishments – Restaurant with late hour alcohol service, and 3) Food and Beverage Sales – Liquor Stores.

• D. Duplicated Regulation . Whenever any provision of this Section and any other provision of law, whether identified in this Code, or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.

ision of this Section and any other provision of law, whether identified in this Code, or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Section.

• E. Administrative Hearing Officer. There is created an alcoholic beverage sales administrative hearing officer (administrative hearing officer) appointed by the City Manager. The administrative hearing officer shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular sites as appropriate. This subsection is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale commercial activities in the City. These parties shall have the powers and duties assigned to them by the Zoning Regulations, other codes and ordinances, City Charter, or by valid administrative authority.

• F. Definitions. The meaning and construction of words and phrases in this Section shall be consistent with Article 9 (Definitions).

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G. Alcoholic Beverage Sales - Deemed Approved Performance Standards.

1. Title and Purpose . The provisions of this subsection shall be known as the “Deemed Approved Performance Standards.” The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales commercial activities applicable to this Section.

2. Standards . These standards shall apply to the following alcoholic beverage sales commercial uses listed in Table 2-1: Use Allowed by Zone, under the category Section 17.xx.xxx : “Eating and Drinking Establishments – Bars, Nightclubs, and Tavern” and ““Eating and Drinking Establishments – Restaurant with late-hour alcohol service”, and “Food and Beverage Sales – Liquor Store,” as defined in Article 9 (Definitions). This section is applicable to these uses under the following circumstances:

• a. Alcoholic beverage commercial uses which have been established without approval prior to the effective date of the ordinance, June 18, 2012, codified in this Section.

• b. Alcoholic beverage commercial uses which are inconsistent with Table 2-1: 9 (U ses Allowed by Zon e) of this Title and have been established prior to the effective date of the ordinance codified in this Section.

3. Performance Standards and Deemed Approved Activities . An activity shall retain its deemed approved status only if it conforms with all of the following deemed approved performance standards:

• a. That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area;

• b. That it does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

• c. That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially between the hours of 12:00 midnight and 7:00 AM, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

  • d. That it does not result in violations to any applicable provision of any other City, State, or Federal regulation, ordinance or statute; and

  • e. That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

H. Deemed Approved Status Procedure.

1. Deemed Approved Status Procedure . The provisions of this section shall be known as the “Alcoholic Beverage Sales - Deemed Approved Status Procedure.” The purposes of these provisions are to: (1) provide notice of deemed approved status upon alcoholic beverage sales commercial activities applicable to this Section; (2) prescribe the procedure for the imposition of conditions of approval upon these activities; and (3) prescribe the procedure for appealing conditions of approval or the revocation of a deemed approved status.

2. Automatic Deemed Approved Status . All alcoholic beverage sales commercial activities applicable to this Section in compliance with subsection G of this Sectio n Section 17.xxx.xx shall automatically become deemed approved activities as of the effective date of the ordinance codified in this Section. Each such deemed

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approved activity shall retain its deemed approved status as long as it complies with the deemed approved performance standards in subsection G of this Section. Section 17.xxx.xx.

3. Notification to Owners of Deemed Approved Activitie s. The administrative hearing officer shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the activity’s deemed approved status. Such notice shall be sent via certified return receipt mail or similar method providing proof of delivery and shall include a copy of the performance standards of subsection G of this Section, Section 17.xx.xxx with the requirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review; notification that the activity is required to comply with all these same performance standards; and that the activity is required to comply with all other aspects of this chapter. Should the notice be returned, then the notice shall be sent via regular U.S. mail.

uirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review; notification that the activity is required to comply with all these same performance standards; and that the activity is required to comply with all other aspects of this chapter. Should the notice be returned, then the notice shall be sent via regular U.S. mail.

4. Procedure for Consideration of Violations to Performance Standards . Upon receiving a complaint from the public, police department, code enforcement officer, or any other interested party that a deemed approved activity is in violation of the performance standards of subsection G of this Section Section 17.xx.xxx , and once it is determined by the City that violations appear to be occurring, then a public hearing will be scheduled before the administrative hearing officer, as follows:

• a. The Director will provide the complainant, the business owner of the deemed approved activity, the property owner (if not the same as the business owner), and other interested parties with at least 30 calendar days’ advance notice of the public hearing. Interested parties are defined as those that have made a request with the City Clerk to be notified of these proceedings and shall include the downtown association or its successor agency in all instances in which the complaint involves an establishment within the boundaries of the downtown association or its successor agency.

• b. In all instances in which the complaint involves an establishment within the boundaries of the downtown association, the downtown association may, within the 30-day period preceding the hearing, schedule a meeting with authorized representatives of the establishment to review the facts underlying the complaint and the establishment’s response to the complaint and to develop input to be conveyed to the administrative hearing officer regarding the downtown association’s recommendation regarding the complaint and any measures the downtown association suggests to address the complaint.

  • (1) Nothing herein shall require the business establishment within the boundaries of the downtown association to participate in the meeting with the downtown association, but the downtown association shall advise the administrative hearing officer if an establishment declines to participate and the administrative hearing officer may consider the establishment’s failure to participate in determining appropriate remedies if a violation is found to have occurred after considering all testimony presented during the public hearing.

eeting with the downtown association, but the downtown association shall advise the administrative hearing officer if an establishment declines to participate and the administrative hearing officer may consider the establishment’s failure to participate in determining appropriate remedies if a violation is found to have occurred after considering all testimony presented during the public hearing.

  - **(2)** The administrative hearing officer shall not in any manner be bound by any recommendation of the downtown association and shall give the recommendation from the downtown association such weight as the administrative hearing officer, in his or her sole discretion, deems appropriate after consideration of all record testimony and evidence presented in the public hearing. The administrative hearing officer shall proceed with the public hearing after thirty calendar days of issuing a notice of public hearing, whether or not the downtown association or its successor agency has met with the business owner of the deemed approved activity or delivered a recommendation for consideration by the administrative hearing officer. Failure of the downtown association to receive notice in compliance with this Section, or in compliance with procedures established by the City, shall not constitute grounds to cancel the public hearing or invalidate the actions for which the notice was given. 

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  - **(3)** In no event shall a meeting between the downtown association and the business owner of the deemed approved activity cause a delay to or substitute for a public hearing before the City’s administrative hearing officer, unless it is determined in the sole discretion of the administrative hearing officer that a delay is in the public’s interest.

• c. The purpose of the administrative public hearing is to receive evidence and testimony on whether the operating methods of the deemed approved activity are causing undue negative impacts in the surrounding area or on the premises. At the public hearing, the administrative hearing officer shall determine whether the deemed approved activity conforms to the deemed approved performance standards identified in subsection G of this Section Section 17.xxx.xx a nd to any other applicable criteria, and may continue the deemed approved status for the activity in question, or require such changes, or impose such reasonable conditions of approval as are necessary, in the judgment of the administrative hearing officer, to ensure conformity to said criteria. Any such changes or conditions shall be based on the evidence before the officer. The decision of the administrative hearing officer shall be based upon information compiled by staff and evidence and testimony from the complainant, the business owner, the property owner if not the same, and all other interested parties. New conditions of approval shall be made a part of the deemed approved status and the deemed approved activity shall be required to comply with these conditions. The determination of the administrative hearing officer shall become final 10 calendar days after the date of decision unless appealed to the Planning Commission in compliance with Chapter 17.126 (Appeals). Section 17.xxx.xx.

5. Procedure for Consideration of Violations of Standards or Conditions of Approval. In the event of a violation of any condition of approval or of further violations of the provisions identified subsection G of this Section subsection G of this Section in Sections 17.xxx.xx through 17xx.xxx, the administrative hearing officer shall hold a noticed public hearing. The purpose of this public hearing is to receive testimony and determine whether violations of conditions of approval or of subsection G of this Section. Sections 17.xxx.xx. The administrative hearing officer may add to or amend the existing conditions of approval based upon the evidence presented, or alternatively may revoke the deemed approved activity’s deemed approved status. The determination of the administrative hearing officer shall become final 10 calendar days after the date of decision unless appealed to the Planning Commission in compliance with subsection H. 6F of this Sse ction. The decision of the Planning Commission shall be final unless appealed to the Council in compliance with subsection H.7 of this Sse ction.

6. Appeal to Planning Commission . Appeals of the decisions of the administrative hearing officer may be filed in compliance with Chapter 17.12 6 Section 17.xxx.xx (Appeals). In considering the appeal, the Planning Commission shall determine whether the established use conforms to the applicable deemed approved performance standards and may continue or revoke a deemed approved status; or require such changes in the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to ensure conformity to said performance standards.

eals). In considering the appeal, the Planning Commission shall determine whether the established use conforms to the applicable deemed approved performance standards and may continue or revoke a deemed approved status; or require such changes in the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to ensure conformity to said performance standards.

7. Appeal to Council. Appeals of the decisions of the Planning Commission may be filed in compliance with Chapter 17.12 6XX (Appeals). In considering the appeal, the Council shall determine whether the deemed approved activity conforms to the applicable deemed approved performance standards, and may approve or deny the revocation or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said standards.

I. Enforcement Procedure.

1. Applicability . The provisions of this subsection shall apply to the enforcement of this Section.

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2. Official Action . All officials, departments, and employees of the City vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with, this Section.

3. Infractions . Any person who violates, causes, or permits another person to violate any provision of this Section is guilty of an infraction unless otherwise provided.

4. Separate Offenses for Each Day . Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Section is committed, continued, allowed, or caused by such violator and shall be punishable accordingly.

5. Any Violation a Public Nuisance . In addition to the penalties provided in this subsection, any use or condition caused or allowed to exist in violation of any of the provisions of this Section shall be and is declared to be a public nuisance and may be summarily abated as such by the City.

6. Injunction as Additional Remedy . Any violation of any provision of this Section shall be and is declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.

7. Penalties . Any person convicted of an infraction under the provisions of this subsection shall be punishable by a fine to the maximum allowed under State law. Any violation beyond the second conviction within a oneyear period may be charged by the City Attorney as a misdemeanor, and the penalty for conviction shall be punishable by a fine or imprisonment to the maximum allowed under State law.

8. Liability for Expenses . In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City or any of its contractors in correction, abatement, and prosecution of the violation.

9. Enforcement . The City shall designate the appropriate personnel to enforce the provisions of these regulations.

• A. Purpose and Applicability . The provisions in this Section shall apply to Bars, Live Entertainment and Late-Night Alcohol Services as defined in Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards). The purpose of this Section is to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare, and to ensure operations are compatible with surrounding neighborhoods.

• B. Alcohol Outlet Operational Requirements . The following standards shall apply to all Alcohol Outlets and shall be incorporated into conditions of approval of the associated Minor Use Permit or Conditional Use Permit:

  1. Noise. The proposed use shall operate in conformance with the City Noise Ordinance (M.C. Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and businesses. The applicant shall make reasonable efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 10:00 p.m., nightly.

  2. Hours of Operation . Hours of operation for the alcohol services shall not be outside the hours from 8:00 AM until 11:00 PM each day of the week, unless otherwise specified by a Use Permit.

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3. Menu Service . Full food service shall be available at all times alcohol is served. The restaurant shall have full meals and restaurant service available during all hours of operation, consistent with the approved hours of operation for the proposed use, unless otherwise specified by the Use Permit.

4. Events. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans and may not be removed or modified for late night operation or special events to create a performance stage, dance floor, or similar area for performance/assembly unless approved by a separate City-issued permit.

5. Entertainment. Entertainment shall maintain an ambient level, which is clearly incidental, that allows for normal conversation levels, and for which no cover fee or ticket is required. Live or amplified entertainment that meets the definition of a Live Entertainment venue shall not be allowed without the approval of a Live Entertainment Permit. Upon review of a Live Entertainment Permit, the hours of operation may be re-evaluated or restricted.

bient level, which is clearly incidental, that allows for normal conversation levels, and for which no cover fee or ticket is required. Live or amplified entertainment that meets the definition of a Live Entertainment venue shall not be allowed without the approval of a Live Entertainment Permit. Upon review of a Live Entertainment Permit, the hours of operation may be re-evaluated or restricted.

6. Employee Training. All employees shall attend ABC LEAD Training or equivalent training. The property management shall be responsible for on-going security/safety training to accommodate changes in personnel. The property management is responsible at all times for verifying the legal age of patrons, for monitoring patrons’ on-site alcohol consumption, and for declining to serve alcohol to patrons who demonstrate signs of intoxication or impairment associated with alcohol consumption, based on training provided to all staff. The property management shall not permit its patrons to leave the licensed premises with any alcoholic beverage or to consume alcoholic beverages on any property adjacent to the licensed premises under the control of the licensee(s).

7. Security . The applicant shall submit a security plan for approval by the Police Department. The applicant shall maintain and operate a video recording system that records activity at all entrances and exits during all business hours. The video shall be of a quality suitable for later identification of customers and staff. It will be recorded in a manner that may be retrieved and provided to police immediately upon demand. Video data shall be retained for a minimum of 72 hours or as otherwise required by law.

8. Alcohol License. Business shall be conducted in a manner that will not violate any provisions of the California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors; maintaining the public health, morals, convenience, and safety; and taking reasonable steps to correct any objectionable conditions on the premises and immediately adjacent to the premises.

• C. Required Findings. In order to grant approval of a Minor Use Permit or Conditional Use Permit, the review authority shall make the following findings in addition to findings contained in Section 17.110.070 (Required Findings) Article 6 (Permit Procedures):

  1. The use shall be consistent with the Zoning Regulations and the 2012 Alcohol Outlet Regulations to reduce public safety problems associated with alcoholic beverage sales and provide for properly maintained alcohol outlets so that negative impacts generated by these activities are not harmful to the surrounding environment.

  2. The use will not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area;

  3. The use will not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

  4. The use will not result in violations to any applicable provision of any other City, State, or Federal regulation, ordinance or statute; and

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5. The use is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

• D. Restrictive Conditions. The review authority is allowed to impose conditions to satisfy the requirements of the Municipal Code and to impose more restrictive conditions than outlined in C above prior to approving an Alcohol Outlet.

• A. General Prohibition. Concurrent sales of motor fuel and alcoholic beverages at a service/fueling station other than beer or wine are prohibited. For purposes of this Section, “Alcoholic Beverages and Motor Fuel – Concurrent Sales” shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a service/fueling station that permits a customer to pay for motor fuel and beer or wine at the same location or utilizing a single financial transaction, is engaging in concurrent sales of motor fuel and beer or wine and shall be subject to this Section.

• B. Permit Requirement and Use Regulations. The concurrent sales of motor fuel and beer or wine at a service/fueling station shall be subject to the approval of a Minor Use Permit or Conditional Use Permit per the provisions of the applicable zone as set forth in Article 2, in addition to the following:

  1. There shall be no sales of beer or wine for on-site consumption;

  2. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items;

  3. There shall be no advertisement or display of beer or wine visible from off the premises;

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

  5. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows;

  6. No sales of beer or wine shall be made from a drive-in window;

  7. No display or sales of beer or wine shall be made from an ice tub;

  8. Employees on duty between the hours of 10:00 PM and 2:00 AM who sell beer or wine shall be at least 21 years of age.

• C. Required Findings. In order to grant approval of a Use Permit, the review authority shall make the following findings in addition to findings contained in Section 17.110.070 (Required Findings) Article 6 (Permit Procedures) :

  1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5.

  2. The sale of beer or wine at this location does not jeopardize the public health, safety or welfare, and particularly, will not result in an over concentration of businesses selling or serving alcoholic beverages within the vicinity.

  3. The sale of beer or wine at a service/fueling station is otherwise allowed within the same zone at this location and the sale of beer or wine concurrent with motor fuel would not result in the expansion of a nonconforming use.

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• A. Purpose and Applicability. The provisions in this Section shall apply to bed and breakfast establishments, as defined in Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards). The purpose is to establish standards for the development of bed and breakfast establishments within the residential and agriculture zones of the City upon conforming to set criteria and conditions. The intent of these standards is to ensure that the location, concentration, and design of bed and breakfast establishments are consistent with or does not negatively affect the character or function of the neighborhood and surroundings.

• B. Applications and Approvals Required. In addition to the applicable permit requirements identified in Article 2, review by the Cultural Heritage Committee and Architectural Review Commission may be required depending upon the type of changes proposed to any structure intended for use as a Bed and Breakfast Establishment.

• C. General Standards. The following standards apply to all Bed and Breakfast Establishments in the R-3, R-4, and AG zone districts:

  1. The main building of the Bed and Breakfast Establishment shall be the primary residence of the owner or manager of the bed and breakfast use.

  2. Accessory buildings and structures may also be used for bed and breakfast guest rooms.

  3. A Bed and Breakfast Establishment shall comply with all other provisions of the zone in which it is located and shall comply with all other ordinances of the City.

  4. A business license issued by the City is required and remittance of transient occupancy tax is required.

  5. The home shall not be used by the public or paying guests for the hosting of receptions, private parties involving persons other than paying guests, or the like.

  6. Meals, if provided, shall be served only to residents and overnight guests of the Bed and Breakfast Establishment.

  7. There shall be no separate or additional kitchen facility for the guests.

  8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises or jeopardizes/eliminates features of historical or architectural significance. Changes to any historical building shall be consistent with the Secretary of Interior Standards and shall be subject to Cultural Heritage Committee and Architectural Review Commission approval.

  9. No historical structure shall be removed to allow for a Bed and Breakfast Establishment, nor shall such a structure be removed to provide parking for such a use.

• D. Site Development and Performance Standards in the R-3 and R-4 Zones. These additional standards apply to Bed and Breakfast Establishments in the R-3 and R-4 zones:

1. The minimum parking setback for guest/employee spaces shall be 15 feet from the front property line and any street side yard and five feet from the rear and side property lines. The parking area shall be screened from direct view of the public right-of-way by a completely planted visual barrier.

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2. All parking spaces and driveways shall be paved to City standards with decorative materials or, if a historic property, materials which maintain the historical character of the neighborhood and premises.

3. The number of guest rooms allowed should be based on the City’s density unit calculation, with a rental room counting as a studio, and shall in no case exceed 15 rooms. The manager’s quarters shall be valued based on number of bedrooms but in no case shall be less than 1.0 density unit. Other factors used in determining the appropriate number of guest rooms that may be allowed in any location shall include the relationship of the site to parking, access, character, size, and scale of surrounding uses.

4. Sites with historic structures shall balance outdoor space for guest use with space required for off-street parking needs, as determined by the Planning Commission.

5. Any other conditions deemed essential and desirable by the Planning Commission may be imposed on such a use.

• E. Site Development and Performance Standards in the Agriculture (AG) Zone. These additional standards apply to Bed and Breakfast Establishments in the agriculture (AG) zone:

  1. The establishment of a Bed and Breakfast Establishment shall not result in the conversion of land in agricultural production

  2. Factors used in determining the appropriate number of guest rooms that may be allowed in any location shall include the relationship of the site to parking, access, character, size, and scale of surrounding uses, and in no case shall the number of guest rooms allowed exceed 15.

• F. Findings Required. In approving a Bed and Breakfast Establishment and in addition to the findings required for the applicable Use Permit, the review authority shall make all of the following findings:

  1. The establishment of the Bed and Breakfast Establishment is consistent with the General Plan.

  2. The establishment of the Bed and Breakfast Establishment will not be detrimental to a building, structure or feature of significant aesthetic, cultural, or historical interest or value.

  3. The establishment of the Bed and Breakfast Establishment does not constitute undue concentration of such establishments that would negatively affect the appearance and/or function of the surrounding neighborhood.

  4. The establishment of the Bed and Breakfast Establishment is compatible with and will not be detrimental to the character of the neighborhood and surrounding land use

The approval of an indoor commercial recreational facility in the C-S zone shall require that the review authority first find that:

• A. The proposed use will serve the community, in whole or in significant part;

• B. The project will be compatible with existing and allowed land uses in the area;

• C. The project location or access arrangements will not significantly direct traffic to use local or collector streets in residential zones;

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• D. The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with recreational facilities; and

• E. The project will not create a shortage of C-S -zoned land available for service commercial development.

• A. Purpose and Intent. It is a goal of the City to allow for the establishment of small-scale, low impact, locally oriented and easily accessible commercial enterprises near or within residential areas to serve the day-to-day needs of neighborhood residents and to promote walking, biking, and other forms of non-motorized transportation for local trips. The standards in this Section are intended to ensure convenience stores will serve persons who live or work in nearby neighborhoods, and who will normally not need a vehicle to get to the market. The standards are aimed to ensure such stores offer adequate food and supplies to attract customers who would otherwise drive to a large supermarket. Limits on hours and alcohol sales and other provisions are necessary to guard against such stores from becoming a nuisance to the neighborhood.

• B. Standards . The following standards shall apply to all convenience stores:

  1. Maximum Size . Gross floor area shall not exceed 4,500 square feet per business. Floor area for any accessory residential use shall not be counted toward the allowed store floor area.

  2. Height, Setback, and Lot Coverage . Convenience stores shall comply with the height, setback, and coverage requirements for the underlying zone, except that stores in residential zones shall comply with standards for the C-N zone.

  3. Loading and Deliveries. One curbside or off-street loading space shall be provided per business. Loading and deliveries shall be allowed only between the hours of 8:00 AM and 9:00 PM.

  4. Hours of Operation . Convenience stores shall open for business no earlier than 7:00 AM and shall close no later than 10:00 PM, and close no later than 8:00 PM in residential zones, unless otherwise specified by use permit.

  5. Alcohol Sales . Convenience stores within residential zones may sell beer and wine but shall be prohibited from selling distilled spirits of any kind.

  6. Performance Standards . Convenience stores shall comply with Article 3 (Regulations and Standards Applicable to All Zones). In addition, all exterior trash enclosures, outdoor storage, heating or cooling equipment, refrigerators, and similar equipment shall be visually screened, and located and/or designed to avoid noise, odor, glare, or vibration impacts to neighboring properties.

  7. Architectural Review . Convenience stores shall be compatible with neighboring structures in terms of scale, massing, architectural style or character, colors and materials, access, exterior lighting, and landscaping.

  8. Required Findings. In acting to approve a convenience store in a residential zone, the review authority shall be required to make the following findings:

  - **a.** That the convenience store is located on a site that is of sufficient size to accommodate the use proposed and any required site improvements; 
  
  - **b.** That the property will be developed and used in a manner that encourages and supports pedestrian, bicycle, and other forms of non-motorized vehicle access by customers; and
  

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• c. That the convenience store will not result in any adverse public health, safety, and general welfare impacts and in particular, that noise, traffic, lighting, odor control, and litter control impacts are sufficiently addressed.

17.86.100 – Electronic Game Amusement Centers

• A. Purpose and Applicability . The purpose of this Section is to ensure that electronic game amusement centers defined in Article 9 (Definition) as a Commercial Recreation Use – Small Scale and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards) are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, and litter.

• B.A. Licenses Required . No electronic game amusement center shall be permitted without filing for and receiving approval of a license subject to the provisions of Chapter 5.52 (Electronic Games Amusement Center) of the Municipal Code.

• C.A. Operational Requirements. Electronic game amusement centers shall comply with the following requirements:

  1. Centers shall comply with all applicable laws and conditions of approval.

  2. No center shall be allowed:

  - ~~**a.** Within 1,000 feet of the exterior limits of any public or private elementary school, junior high school, or high school.~~ 
  
  - ~~**b.** Within 500 feet of the exterior limits of a PF zone or any zone where residential use is the principal allowed use.~~ 
  

  3. No person under 18 years of age may enter, be, or remain in a center during such time as the San Luis Coastal Unified School District is conducting its regular daytime education program.

  4. Centers shall have at least one responsible adult supervisor on duty at all times whose primary responsibility shall be supervision of electronic game play.

  5. Noise attenuation measures shall be taken as required by conditions of approval.

  6. Centers shall be closed from 2:00 AM to 6:00 AM and for such time as required by conditions of the Minor Use Permit or Conditional Use Permit.

  8. Adequate space shall be provided for each electronic game so as to allow its use without overcrowding.

  9. Parking shall be as required by the Minor Use Permit or Conditional Use Permit for a center.

• D.A. Facility and Operation Exceptions. Exceptions to any of the requirements listed in this Section may be considered during the review process, provided all of the following findings can be made:

  1. The requested exception to the facility and operation requirements will not affect the ability of the electronic game amusement center to be compatible with surrounding land uses.

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2. The requested exception to the facility and operation requirements will not encourage school-age children from frequenting the electronic game amusement center while the San Luis Coastal Unified School District is conducting its regular daytime education program.

3. The purpose and intent of the facility and operation requirements are still met with the approval of the requested exception.

• A. Intent. The provisions identified in this Section are intended to enable child and adult day care opportunities throughout the City, to ensure that day care facilities will be compatible with residential uses, and to comply with applicable sections of the Health and Safety Code of the State.

B. Permits Required.

1. Adult day care facilities serving six or fewer clients on site at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of Zoning Regulation. They may be established in all zones where dwellings are allowed. No discretionary permit is required.

2. Adult day care facilities serving seven to 12 clients on site at one time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the Director as a ministerial Director’s Action. In accordance with applicable sections of the California Health and Safety Code, the Director shall approve the use when he or she determines that the proposed facility:

• a. Complies with all applicable provisions of the fire code regarding health and safety;

• b. Complies with property development standards contained in Chapter 17.16 (Low Density Residential [R1] Zone) of this T ti tle and with City sign regulations;

• c. Has been issued a day care license from the State Department of Social Services; and

• d. Will satisfy performance standards of this section relating to noise, traffic, and parking.

3. Day care facilities serving more than 12 adults or more than 14 children require discretionary review consistent with Table 9 (Uses Allowed by Zone).

C. Performance Standards for Day Care Facilities Serving More Than Six Adults or More Than Eight Children.

1. Noise . The day care facility shall be subject to all applicable provisions of Chapter 9.12 (Noise Regulations) of the Municipal Code. Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 AM.

2. Traffic . Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool-matching services to all clients.

• D. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches, and where an employer provides on-site child care to 14 or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards.

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• E. Exceptions . Nothing in this Section shall prohibit applicants from requesting a Director’s Action or Variance from the strict interpretation of the Zoning Regulations to the extent allowed by said regulations.

• A. Purpose and Applicability . The purpose of this Section is to ensure that electronic game amusement centers –

• defined in Article 9 (Definition) as a Commercial Recreation Use Small Scale and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards) are compatible with surrounding and adjacent uses and do not create an adverse impact on adjacent properties by reason of noise, parking, and litter.

• B. Licenses Required . No electronic game amusement center shall be permitted without filing for and receiving approval of a license subject to the provisions of Chapter 5.52 (Electronic Games Amusement Center) of the Municipal Code.

C. Operational Requirements. Electronic game amusement centers shall comply with the following requirements:

1. Centers shall comply with all applicable laws and conditions of approval.

2. No center shall be allowed:

• a. Within 1,000 feet of the exterior limits of any public or private elementary school, junior high school, or high school.

• b. Within 500 feet of the exterior limits of a PF zone or any zone where residential use is the principal allowed use.

3. No person under 18 years of age may enter, be, or remain in a center during such time as the San Luis Coastal Unified School District is conducting its regular daytime education program.

4. Centers shall have at least one responsible adult supervisor on duty at all times whose primary responsibility shall be supervision of electronic game play.

5. Noise attenuation measures shall be taken as required by conditions of approval.

6. Centers shall be closed from 2:00 AM to 6:00 AM and for such time as required by conditions of the Minor Use Permit or Conditional Use Permit.

8. Adequate space shall be provided for each electronic game so as to allow its use without overcrowding.

9. Parking shall be as required by the Minor Use Permit or Conditional Use Permit for a center.

D. Facility and Operation Exceptions. Exceptions to any of the requirements listed in this Section may be considered during the review process, provided all of the following findings can be made:

1. The requested exception to the facility and operation requirements will not affect the ability of the electronic game amusement center to be compatible with surrounding land uses.

2. The requested exception to the facility and operation requirements will not encourage school-age children from frequenting the electronic game amusement center while the San Luis Coastal Unified School District is conducting its regular daytime education program.

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3. The purpose and intent of the facility and operation requirements are still met with the approval of the requested exception.

• A. Purpose and Applicability . The purpose of this Section is to ensure that off-street food trucks, as defined in Article 9 (Definition) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards), are compatible with surrounding and adjacent uses and does not create an adverse impact on adjacent properties by reason of noise, parking, and litter.

• B. Permit and Licenses Required . In addition to obtaining a Temporary Use Permit pursuant to Section 17.xx.xxx (Temporary Use Permits), operators of food trucks shall comply with the provisions of Chapter 5.16 (Solicitors and Peddlers) of the Municipal Code and the following.

  1. Health Permit Required . The food truck operator must have a valid permit issued by the County Department of Health. All required County Health permits must be in the possession of the food truck operator at all times during operations within the City.

  2. Business License Required. The food truck operator must have a valid business license issued by the City. As part of its application for a business license, the food truck operator shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles.

  3. Duration and Hours of Operation. No food truck shall operate for more than two consecutive days in the same location, and before 6:00 AM or after 11:00 PM, including set up and clean up.

  4. Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the Director prior to operating at the location. The food truck operator shall maintain proof of the owner’s approval in the vehicle. The person operating the food truck shall present this proof upon the demand of a peace officer or City employee authorized to enforce these provisions.

  5. Consolidation. At the discretion of the Director, the following requests may be reviewed and permitted as a single, consolidated operation: requests to operate more than one food truck by the same applicant or food truck business owner, multiple requests for mobile food vending vehicle on a private property, or in conjunction with a Temporary Use Permit for a larger event.

  • C. Operational Requirements. Food truck operators operating on private property shall comply with the following requirements:

    1. Parking Location . The vehicle shall only be stopped, standing, or parked on surfaces paved with concrete, asphalt, or another all weathered material.

    2. Staffing . A minimum of one person shall attend a food truck during the permitted hours of operations.

    3. Food . Only the sale of food items for immediate consumption is permitted. Sale of food items in glass containers is prohibited.

4. Vehicle Types . No food may be sold from a vehicle used a dwelling or recreational vehicle. Only commercial vehicles with current registration with the State are allowed to operate food trucks.

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5. Litter Removal. The food truck and surrounding property shall be maintained in a safe and clean manner at all times. The food truck operator must remove litter caused by its products from any public and private property within a 25-foot radius of the vending vehicle's location.

6. No Discharge of Liquid. The food truck operator shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the food truck operator.

7. Noise. The food truck operator shall be subject to the noise provisions set forth in Chapter 9.12 (Noise Control) of the Municipal Code. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. The operator shall prohibit loitering at the site and shall control noisy patrons on-site and those leaving the premises. No amplified music or loudspeakers shall be permitted.

• D. Additional Conditions and Requirements . This Section permits the Director or designee to exercise the discretion to review and request additional information, take authorized action, and impose additional conditions that are more restrictive than allowed in this Section.

• A. Applicability. The provisions in this Section shall apply to “Fraternities” and “Sororities,” as defined in Article 9 (Definitions) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards). This Section is intended to promote the quality of life in residential neighborhoods by ensuring that dwelling units housing multiple persons who are members of a fraternity or sorority provide adequate support facilities for the intensity of associated use, and that such uses are operated in a manner that is not detrimental to the neighborhood in which they are located due to excessive noise, inadequate off-street parking, general property maintenance, and similar conditions. The following standard conditions shall apply to all fraternities and sororities.

  1. Occupancy shall be limited to not more than one resident per 60 square feet of building area. The landlord shall allow the City to verify occupancy by allowing an inspection of the records or by a visual inspection of the premises. Any inspection shall be at a reasonable time and shall be preceded by a 24-hour notice to the residents.

  2. The maximum number of persons allowed on site for routine meetings and gatherings shall not exceed the limit established by the applicable Conditional Use Permit.

  3. The fraternity or sorority shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity or sorority becomes unaffiliated or no longer held in good standing with California Polytechnic University, the Conditional Use Permit shall be revoked.

  4. The landlord shall provide names and telephone numbers of responsible persons to the Community Development Department and SLOPD Neighborhood Services Manager on an annual basis. Responsible persons shall be available during all events and at reasonable hours to receive and handle complaints.

• B. Required Findings. In acting to approve a Conditional Use Permit for a fraternity or sorority, the review authority shall be required to make the following findings:

  1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restricts activities, provides adequate parking, and limits potential disturbances to neighboring

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properties. The project will be compatible with site constraints and the character of the neighborhood.

2. The proposed project is consistent with General Plan Land Use policy and 2.6.5 and Housing Element policy 8.6 to locate student housing projects, fraternities, and sororities in close proximity to the Cal Poly campus and other student-oriented uses and housing.

3. As conditioned, the proposed use is consistent with the Zoning Regulations because the number of residents is consistent with the group housing maximum occupancy limits and the parking configuration is consistent with neighboring properties and results in an adequate number of parking spaces for residents.

• A. Purpose and Applicability. The provisions set forth in this Section are intended to allow the conduct of businesses in residential dwellings which are incidental to and compatible with surrounding residential uses, includes the definition of Live/Work.

B. Permit Required.

1. The conduct of a home occupation requires the approval of a Home Occupation Permit by the Director, who may establish additional conditions to further the intent of this Section. A permit is required when a person does business in his/her home, uses his/her home address as a business address on business licenses and tax certificates, or uses his/her phone as a business phone. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. Home occupation permits are not required for employees telecommuting.

2. Upon receipt of a completed application for a home occupation use, a public notice shall be posted at the site of each proposed home occupation as required for a Director's Action, Chapter 17.108 XX (Director's Action). If any person informs the Community Development Department of a question or objection concerning the proposed home occupation that cannot be satisfactorily resolved within five days of the posting, the Director shall schedule a hearing for the application, as provided for in Section 17.xx.xxx Chapter 17.110 (Minor Use Permits and Conditional Use Permits . ). If no questions or objections are received by the Community Development Department within five days after posting, the Director may issue the permit upon submission of all required information and without further notice or public hearing.

3. State-licensed small-family child day care operations for six of fewer children are exempt from home occupation regulations (see State Health and Safety Code, Section 1529.5).

4. The provisions in this Section shall apply to cottage food operations, as defined by Section 113758 of the State Health and Safety Code and subject to prior issuance of a permit for a cottage food operation from the County Health Agency, as required by Health and Safety Code Section 114365.

C. General Requirements.

1. Home occupations shall not have characteristics which would reduce residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained.

2. A home occupation use shall not allow any clients or customers without prior appointments and shall not allow more than six appointments or clients in any one day.

3. Businesses108 w ith customer access shall maintain at least one on-site customer parking space in addition to the required residential parking. For the purposes of this Section only, parking in a driveway that has a

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minimum depth of 20 feet from the back of sidewalk and is made available to customers during business hours of operation shall meet the definition of a parking space.

4. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building. The appearance of all buildings shall be residential in nature. Horticultural activities may be conducted outdoors.

5. Sales and rental activities may be conducted on premises, provided that storage and display area shall not occupy more than 500 square feet of the primary structure and any permitted accessory structure.

6. There shall be no advertising of the home occupation by street address, except that street addresses may be included on business cards and business correspondence originating from the home.

7. For a home occupation use in a residential zone, no vehicle larger than a van or longer than 20 feet may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one additional vehicle and/or trailer.

8. The home occupation use and associated activities shall not encroach on any required parking, setback area, or open space area.

9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use.

9. No use shall create or cause noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance.

10. No more than one employee other than residents of the dwelling shall be allowed to work on site within a residential district, and no more than two employees within a nonresidential district. Babysitters or domestic servants are not considered employees of a home occupation.

11. Clients or customers shall not visit the home occupation between the hours of 8:00 PM and 7:00 AM.

12. If the home occupation is to be conducted from rental property, the property owner’s authorization for the proposed use shall be obtained.

13. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.).

• D. Prohibited Uses. The following uses by their operation or nature may interfere with residential welfare and diminish the convenience intended for commercial zones, and therefore shall not be allowed as home occupations.

  1. Automotive repair (body or mechanical), or detailing, upholstery or painting of automobiles, when performed on the same site as the home occupation.

  2. Carpentry or cabinet making.

  3. Welding or machining.

  4. Medical offices, clinics, and laboratories, except that counseling is allowed when no more than one client visit or group session is held at one time.

  5. Appliance, radio, or television repair.

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6. Print shops or photograph development; digital photo production is allowed.

7. Gun or ammunition sales, including off-site work and by mail order.

8. Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

• A. Purpose. The requirements of this Section apply only to homeless shelters in the PF zone which may be established without a discretionary permit. Homeless shelters in other zones subject to discretionary review will be reviewed in the context of the City’s Good Neighbor Policy adopted in City Council Resolution No. 10525 (2014 Series) and may be subject to conditions of approval with requirements that vary from these standards.

• B. Standards. The following standards shall apply to all homeless shelters.

  1. The shelter shall be operated by a responsible agency or organization with experience in managing or providing social services.

  2. The shelter shall provide at least one qualified on-site supervisor at all times, plus one attendant for each 50 occupants.

  3. No new homeless shelter shall be established within 300 feet of an existing homeless shelter. This restriction may be modified by an Administrative Use Permit.

  4. Homeless shelters proposed adjacent to residential neighborhoods shall require architectural review to ensure the shelter design provides for adequate privacy between uses and minimizes potential impacts of the proposed shelter to adjacent residences.

  5. Parking shall be supplied at a ratio of one vehicle space per 10 beds, and one secured bicycle parking area designed to accommodate up to one bicycle per 10 beds.

  6. Each homeless shelter shall be limited to a maximum occupancy of 250 persons (in total), including warming shelters and daytime facilities.

  7. A management plan shall be required to address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. The management plan shall establish a maximum length of time for which clients may be accommodated.

• A. Purpose and Intent . The purpose of this Section is to allow owner-occupied homestay rentals as defined in Article 9 (Definition) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards) with reasonable standards to preserve neighborhood character and quality of life.

• B. Permit Required . The conduct of a homestay rental requires the approval of a Homestay Permit by the Director, who may establish additional conditions to further the intent of this Section. If anyone informs the Community Development Department of a reasonable objection concerning the proposed homestay within the public

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notification period, the Director may schedule a hearing for the application pursuant to the requirements of a Minor Use Permit.

C. Application Requirements.

1. Operators of homestays in all zones are required to obtain a homestay permit and a business license.

2. The operator of the homestay shall pay transient occupancy tax and tourism business improvement district tax as required by the Municipal Code.

3. The operator of the homestay shall annually provide verification of primary residence through the homeowner’s property tax exemption or other appropriate documentation.

4. The operator of the homestay shall provide the name and contact information of a responsible party in the application if the owner-occupier anticipates he or she may not be on the premises at all times during the homestay rental.

D. Performance Standards.

1. Homestays shall comply with the property development and performance standards set forth in Article 2 (Zones, Allowable Uses, and Development and Design Standards) and Article 3 (Regulations and Standards Applicable to All Zones).

2. All building and fire code regulations shall be met.

3. The number of overnight guests shall be limited to four persons. Bedrooms shall meet the minimum size requirements as defined in the Building Code.

4. At all times when a homestay rental is occurring, the owner or responsible party shall be within a 15-minute drive of the property. The owner or responsible party shall be available via telephone 24 hours a day, seven days a week, to respond to complaints regarding the homestay. Contact information for the owner and responsible party shall be provided to homestay guests, adjacent neighbors and stated on the application.

5. Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay application shall be required within 60 days of the transfer. Failure to submit a new application as required within 60 days shall result in the termination of the existing allowed use.

6. The homestay shall be limited to only the owner-occupied dwelling unit on the property.

7. Any advertisements for the homestay shall include the business license number. On-site advertising of the homestay is prohibited.

E. Revocation of a Permit.

1. Violation of these requirements and standards shall constitute grounds for revocation of the homestay permit.

2. At any time, the permit can be referred to an administrative review hearing if determined by the Director upon receipt of substantiated written complaints from any resident, code enforcement officer, or police department officer, which includes information and/or evidence supporting a conclusion that a violation of the permit, or of City ordinances or regulations applicable to the property or operation of the homestay, has occurred. At the

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time of the permit review, to ensure compliance with applicable laws and conditions of permit, conditions of approval may be added, deleted or modified, or the permit may be revoked.

• A. Purpose and Applicability . The provisions in this Section shall apply to kennels and similar household pet board and care facilities, as defined in Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards). The purpose of this Section is to implement a humane policy that accommodates the comfort and convenience of caring for household pets by their humans within commercial facilities and ensures that operations are compatible with surrounding neighborhoods.

• B. Permit Required . In addition to the permits required in Article 2 (Zones, Allowable Uses, and Development Standards), no person shall carry on the business of keeping household pets for breeding purposes or for medical treatment of household pets, or caring for household pets for hire, without first obtaining a permit pursuant to Chapter 6.20 (Animal Control Regulations) of the Municipal Code.

• C. Outdoor Facilities Standards. Outdoor facilities shall function as recreational and instructional areas for the dogs accepted in the kennel. Kennels with an outdoor facility for household pets shall not be allowed in any residential or mixed-use project, and shall comply with the following standards:

  1. Outdoor facilities are to be allowed only as an accessory use and structure to an allowed kennel.

  2. Outdoor facilities shall be located outside of any required setback area or street frontage area. A minimum 10-foot setback for outdoor facilities shall be required for zones where a setback area is not defined.

  3. Outdoor facilities are only allowed when an allowed kennel is in operation. In no event shall an outdoor facility operate between the hours of 7:00 PM to 8:00 AM.

  4. All outdoor facilities shall be properly screened with walls and/or fencing.

Where manufacturing is allowed, accessory sale of items made on the premises is allowed.

• A. Sales of Christmas Trees and Other Agricultural Products. Upon approval of a Temporary Use Permit by the Director, premises within nonresidential zones may be used for the sale of Christmas trees, pumpkins, flowers, seasonal produce, and the like, subject to the following requirements and any other conditions that the Director deems necessary:

  1. Sales shall be limited to Christmas trees, pumpkins, flowers, seasonal produce and the like and related accessory items only, as specified in the letter of approval.

  2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26th. The duration of pumpkin and seasonal produce sales shall be subject to Director approval.

  3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, other temporary structures, and signs shall be kept behind a 10-foot setback from all street rights-of-way, and they shall be removed within 10 days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers.

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4. A camper or trailer for overnight security may be parked on site for the duration of the permit. Any such camper or trailer shall be set back at least 10 feet from the street right-of-way.

5. The applicant may be required to post a refundable deposit, set by the Director, with the Community Development Department to ensure site clean-up. Deposit shall be in the form of a cashier’s check and shall be made prior to occupying the site.

6. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, as required by the Fire Marshal.

7. Any Christmas trees sold for use in public facilities shall be flame-proofed with a State Fire Marshal-approved material by a State-licensed application.

8. Applicants shall obtain a City business tax certificate. A copy of the Director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.

9. The applicant shall secure a building permit for any structure requiring a permit, associated with the use. The plan shall show the proposed vehicular circulation pattern, parking layout, and location of structures. Plans shall also demonstrate compliance with Title 24 requirements for handicap accessibility.

10. The use shall comply with all requirements of the County Health Agency.

11. Restroom facilities shall be provided either on site or on a nearby property to the satisfaction of the Chief Building Official.

12. No sales or display shall take place in the public right-of-way.

B. Other Outdoor Sales.

1. Outdoor sales of nonagricultural products, such as food carts, barbecues, and swap meets, shall be limited to the types of retail sales allowed in the location’s zone. Outdoor sales may be temporary, intermittent, or permanent. Outdoor sales do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles, and building or landscape materials. See also Chapter 5.16 (Solicitors and Peddlers), and Chapter 5.48 (Sales on Streets and Sidewalks) of the Municipal Code.

2. Other outdoor sales require Director’s Action approval. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other development standards usually related to buildings shall be established by permit approval.

• C. Garage and Yard Sales. On any residentially developed lot, garage or yard sales are allowed a maximum of four times within a 12-month period, subject to the following requirements:

  1. Each garage or yard sale shall not exceed three consecutive days.

  2. Each unit within multi-unit apartment or condominium project and common interest subdivisions may have up to four garage/yard sales in approved common areas with the permission of the homeowners’ association (for sales within common areas), property owner, or property manager.

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3. Items shall consist of normally accumulated household items (clothing, furniture, etc.). Items offered for sale may not include items acquired for resale.

4. One on-site sign not to exceed four square feet shall be allowed during the sale. No other signs are allowed in the area and no signs may be displayed within a public right-of-way.

5. Garage and yard sales are not allowed on vacant lots.

Where parking as a principal use is permitted in compliance with Table 2-1: Uses Allowed by Zone 9 or Table 12 -24: Airport Overlay Zone – Maximum Allowed Persons 0 , discretionary permit approval may include deviations from otherwise applicable development standards.

• A. Use for Living or Sleeping Prohibited on Private Property. No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated mobile home park, travel trailer park, campground, or safe parking facility, except as provided in Section 17.86.23 0.XX.190 (Safe Parking) and as otherwise provided in this Section.

• B. Overnight Camping Prohibited on Specified Public Properties. Within City streets, areas of the public rightof-way, and City-owned parking areas, parking of vehicles for purposes of overnight camping or sleeping is prohibited by and shall be subject to enforcement in accordance with Chapter 10.34.

• C. Exception: Recreational Vehicle as Temporary Dwelling. A recreational vehicle may be parked in a residential parking space or driveway for periods not to exceed seven days in any one-month period for the purpose of housing guests of on-site residents only. Such recreational vehicle shall not be parked so as to prevent residents of any other dwellings on the site from using their assigned parking spaces, nor shall it discharge waste or sewage into the City's sewage system. No hose, electrical cord, pipe, wire, or other device extending from the vehicle may be permitted.

D. Recreational Vehicle Parking – Where Permitted.

1. Recreational vehicles and trailers with current licenses may be parked in driveways consistent with Section 17.76.04 0XX.XXX (Front Yard Parking).

2. Unregistered and unlicensed boats, trailers, camper shells, recreational vehicles, jet skis, and similar devices, and parts of these items, may be parked in any side or rear yard outside of any required setback area. However, any such device or part so parked must be screened from any public right-of-way as set forth in Section 17.76.10 0XX.XXX (Screenin g of Visible Storage and Maintenance. ).

• E. Recreational Vehicles as Tiny Houses in Residential Zones. Moveable tiny houses shall be considered an additional type of accessory dwelling unit, allowed as an accessory use to single-family residential dwelling unit, consistent with Government Code, Section 65852.2, subdivision (g) which allows cities to adopt less restrictive requirements than the State-mandated minimums for accessory dwelling units. A moveable tiny house that meets the definition in this subsection may be built and occupied as a new detached accessory dwelling unit if it complies with the standards of this subsection.

  1. Development Standards. Moveable tiny houses shall conform with the requirements for new detached accessory dwelling units, including but not limited to setbacks, lot coverage, height, and other applicable

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zoning requirements of the zone in which the site of the proposed moveable tiny house is located, except as modified by this subsection.

• a. Number. No parcel may be approved for more than one moveable tiny house in a 1 2twelve -month period. No parcel may contain more than one moveable tiny house at a time. No parcel may contain both a moveable tiny house and a conventional accessory dwelling unit.

  • b. Size. The maximum square footage or habitable floor space for a moveable tiny house shall be 450 square feet. The moveable tiny house shall have at least 100 square feet of first floor interior living space.

  • c. Replacement Parking. Where a moveable tiny house occupies a required parking space, a replacement parking space is required. A replacement parking space may be located in any configuration on the same lot as the moveable tiny house, including but not limited to covered spaces, uncovered spaces, or tandem spaces. Parking shall be permitted only in those locations specified in these Zoning Regulations.

2. Parking Spaces. Moveable tiny houses shall not require additional parking.

3. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the structure and shall not be located on the roof.

4. Utility Connections and Requirements. Moveable tiny houses shall not require separate utility meters from the primary unit. Moveable tiny houses may be off-grid and not connected to one or more utility systems, but only if the applicant provides sufficient proof, to the satisfaction of the Director and the Building Official, that the moveable tiny house has adequate, safe, and sanitary utility systems providing water, sewer, heating, cooling, and electric power.

5. Addresses. Moveable tiny houses shall not have separate street addresses from the primary unit.

6. Foundation Requirements . Once sited on the parcel of the primary unit, moveable tiny houses shall meet the following foundation requirements:

• a. If the wheels are removed so the moveable tiny house sits on a foundation, the foundation shall follow the state approved requirements for foundation systems for manufactured housing;

• b. If the moveable tiny house does not have its wheels removed, then all wheels and leveling/support jacks shall sit on a concrete, paved, or compacted gravel surface sufficient to support its weight, and the leveling/support jacks or undercarriage must be skirted and not visible.

7. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section R310 of the California Building Code for emergency escape and rescue openings. Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet this requirement if installed such that the bottom of the opening is not more than 44 inches above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of California Building Code section Section R310.2.1.

lding Code for emergency escape and rescue openings. Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet this requirement if installed such that the bottom of the opening is not more than 44 inches above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of California Building Code section Section R310.2.1.

8. Procedure Requirements . In addition to submitting the application materials and information required by Section 17.86.02 0 XXXX (Accessory Dwelling Units and Guest Quarters) for an A a ccessory Dd welling Uu nit, an applicant for a moveable tiny house shall submit proof that:

• a. The proposed moveable tiny house is licensed and registered with the California Department of Motor Vehicles;

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• b. The proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI 119.2 or 119.5 requirements, or was built to meet ANSI 119.2 or 119.5 requirements as demonstrated by sufficient evidence satisfactory to the Director;

• c. The applicant is the property owner, or has sufficient written permission from the property owner, of the intended location of the proposed moveable tiny house; and

• d. Prior to the issuance of building permits, a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as a movable tiny home and agreeing that the property will be owner-occupied. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections, and to allow the city upon reasonable time and notice to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. If a property can no longer be occupied as the owner’s primary place of residence, the movable tiny home shall no longer be used as overnight sleeping quarters; an d.

• e. The proposed moveable tiny house meets the standards of this subsection E.

• A. Purpose and Applicability. The provisions in this Section shall apply to recycling facilities, as defined in Article 9 (Definitions) and where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards).

B. Reverse Vending Machines

1. Accessory Use. Reverse vending machines may be installed as an accessory use to an allowed or conditionally allowed primary use on the same site.

2. Location . Machines shall be located adjacent or as near as feasibly possible to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation. Machines can be located against a wall but not in parking areas.

3. Identification . Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

4. Trash Receptacle . The owner or operator of the property shall provide a minimum 40-gallon garbage can for non-recyclable materials located adjacent to the reverse vending machine.

C. Recycling Collection Facilities

1. Size. Recycling collection facilities shall not exceed a building site footprint of 350 square feet.

2. Equipment . No power-driven processing equipment, except for reverse vending machines, shall be used.

3. Location . Facilities shall be located at least 75 feet away from properties zoned for residential use and cannot occupy parking spaces required for the main use unless a parking study shows available capacity during the hours of recycling facility operation.

4. Setback . Facilities shall not be located within a required setback.

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5. Containers . Containers shall be constructed of durable waterproof and rustproof materials and secured from unauthorized removal of material.

6. Identification . Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator, and the hours of operation.

7. Site Maintenance . Recycling facility sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

D. Recycling Processing Facilities.

1. Location. Facilities shall be at least 1,000 feet from properties zoned for residential use.

2. Screening . The facility shall be screened from public rights-of-way by solid masonry walls or located within an enclosed structure.

3. Outdoor Storage . Exterior of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

4. Identification . Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

5. Vector, Odor, and Noise Control. Operations shall comply with all City and County codes regarding vector, odor, and noise control.

E. Composting and Waste Disposal Facilities.

1. Maintenance—Pest Infestation Prohibited . Waste disposal facilities shall be maintained in such a manner that vermin and pest infestation cannot take place.

2. Covering or Wetting to Prevent Dust . The owner, proprietor, or caretaker of any composting facility or solid waste landfill shall use a tarp or covering or wet down the waste disposal facility with water or chemical stabilizers at intervals sufficiently frequent to control dust.

• A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight to facilitate the transition to permanent housing. The provisions contained in this Section enable safe parking in certain zones in the City subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing.

• B. Permit Required. The establishment of a safe parking use shall require a Conditional Use Permit approval where allowed, consistent with Table 2-1: 9 ( Uses Allowed by Zon e) .

• C. Accessory Use in Residential Zones. If located in the R-1, R-2, R-3, and R-4 zones, safe parking is only allowed when accessory to a public assembly or religious assembly facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3, and R-4 zones and in all applicable zones on properties that contain residential uses as the primary use.

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• D. Application Requirements . Whenever a social service provider (or, if the social service provider is not the property owner, a property owner who is affiliated with or can qualify as a social service provider) submits a Conditional Use Permit application for consideration, as a part of the application, sufficient information shall be submitted to the Community Development Department to determine whether the proposed safe parking facility complies with the provisions of this Section. In addition to the required Conditional Use Permit application checklist items, the application shall include the following:

  1. Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior light fixtures, location and distances to residential properties, public transportation, and location of designated overnight parking spaces.

  2. Hours of operation.

  3. Monitoring and oversight program.

  4. Neighborhood relations plan.

  5. Sufficient information to determine that the applicant is a social service provider that is qualified to operate a safe parking program or is affiliated with a social service provider that demonstrates the experience and qualifications to manage the site and meet the performance standards identified in this chapter.

  6. Any other information the Director may determine is necessary to ensure compliance with the provisions of this section.

E. Performance Standards .

1. Social Services Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the Director.

2. Case Management. Participants shall be paired with a case manager and enrolled in a self-sufficiency program to facilitate the transition to permanent housing.

3. Background Check. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by-case basis.

4. Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained, and accessible to participants during safe parking facility hours.

5. Residency Preference. Social service provider shall give preference to those with proof of residency in the County for a minimum period of six months within the last two years. Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs, and intake from homeless service programs.

6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet from any property that contains a residential use. Buffers less than 50 feet may be allowed through the Use Permit review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than 50 feet may be necessary for neighborhood compatibility, which will be determined on a caseby-case basis as part of the Conditional Use Permit review process.

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7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Public Works Director.

8. Participant Information. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight.

9. Written Agreement with Participants. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant shall include, but not limited to, the following terms and conditions:

  - **a.** Only one vehicle is allowed per participant. 

  - **b.** At least one participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight.  The social service provider shall keep a copy of all three on record. 

  - **c.** Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed. 

  - **d.** Participants shall not use or possess any illegal drugs or alcohol either on their person or in their vehicle. 

  - **e.** Participants shall not use or possess any weapons or firearms of any kind in program vehicles. 

  - **f.** No fires of any kind shall be allowed. 

  - **g.** No music may be played that is audible outside participants’ vehicles.

• h. No cooking or food preparation shall be performed outside of the participants’ vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances.

  - **i.** Camping tarps or equipment beyond the participant’s vehicle are prohibited. 
  
  - **j.** Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly. 
  

• k. Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e., gasoline, transmission or radiator fluid, or engine oil).

• F. Use Permit Considerations. Items to be determined by the Planning Commission as part of the Conditional Use Permit review process on a case-by-case basis shall include, but are not limited to, the following:

  1. Number of Vehicles Allowed . The total number of vehicles allowed at each safe parking facility location.

  2. Hours of Operation . The days and hours of safe parking facility operation.

  3. Separation between Facilities . Sufficient distance between existing and proposed safe parking facilities.

  4. Neighborhood Relations Plan . A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted good neighbor policy.

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5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours.

• 6 . Restroom, Water and Trash Facility Plan . A restroom, water and trash facility plan shall be provided and include the location, hours of availability and maintenance program for site facilities.

• F. Revocation of a Permit. The Conditional Use Permit can be referred to the Planning Commission for reconsideration if determined by the Director upon receipt of substantiated written complaints from any citizen, code enforcement officer, or police department officer, which includes information and/or evidence supporting a conclusion that a violation of the Conditional Use Permit, or of City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of review, to ensure compliance with applicable laws and conditions of Conditional Use Permit, conditions of approval may be added, deleted, modified, or the Conditional Use Permit may be revoked.

• A. Purpose and Applicability. The purpose of this Section is to ensure that schools as defined in Article 9 (Definitions) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards) are compatible with surrounding and adjacent uses and do not create adverse impacts on adjacent properties.

• B. Location – Schools. No school shall be located:

  1. Within 1,000 feet of any business licensed for retail sale of cannabis or cannabis products;

  2. Within 1,000 feet of any business which, as determined by the review authority, would pose a significant health risk to the school due to the presence of hazardous materials or conditions; or

  3. Any area identified in the Airport Land Use Plan as prohibiting such school use.

• B. Schools – Primary and Secondary (Privat e and Public ). Unless otherwise regulated through a Minor Use Permit or Conditional Use Permit, the following regulations shall apply:

  1. Pick-up/Drop-off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be provided for review and approval by the Director. The plan shall demonstrate that adequate parking and loading are provided on-site to minimize congestion and conflict points on travel aisles and public streets. The plan shall also demonstrate that increased traffic will not cause traffic levels to exceed those levels customary in residential neighborhoods except for somewhat higher traffic levels during the morning and evening commute. The plan shall include an agreement for each parent or client to sign which includes, at minimum:

  - **a.** A scheduled time for pick-up and drop-off with allowances for emergencies. 
  
  - **b.** Prohibitions of double-parking, blocking driveways of neighboring houses, or using driveways of neighboring houses to turn around. 
  

  2. Recreational Open Space. If open space is not required as part of the minimum requirements of the zone in which a private school of general education is located, private schools of general education shall also provide:

  - **a.** 200 square feet of usable outdoor recreation area for each child in grades K-3 that may use the space at any one time; and
  

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  - **b.** 430 square feet of usable outdoor recreation area for each child in grades 4-12 that may use the space at any one time. 

3. Noise. Compliance with Chapter 9.12 (Noise Control) of the Municipal Code shall be required for zone is which the school is located.

• C. Public School Tenant Uses .

1. Purpose, Scope, and Duration. In order to allow more complete use of space made available by declining student enrollment in public schools, certain commercial activities may be established in public schools not being used for public school purposes due to temporary or permanent school closure, in addition to the uses listed in Table 9 (Section 17.22.010) of this Title 17 as allowed within the PF zone. Notwithstanding any other provisions of these regulations to the contrary and in conformance with the General Plan, the following provisions shall apply to such uses.

2. Uses Allowed with Minor Use Permit Approval. The following uses may be established within public school buildings subject to approval of a Minor Use Permit, as provided in Chapter 17.11 0XX (Minor Use Permits and Conditional Use Permits) and subject to the standards in subsection F of this Section.

  - **a.** Public and private educational programs different from those normally conducted at the school, such as full-time, adult programs at an elementary school, or professional, vocational or recreational classes. 

  - **b.** Storage of furnishings and records. 

  - **c.** Day Care Centers for children. 

  - **d.** Business and Professional Offices. 

  - **e.** Instructional Services. 

  - **f.** Maintenance and Repair Services. 

3. Uses Allowed with Conditional Use Permit Approval. The following uses may be established on public school properties subject to approval of a Conditional Use Permit, as provided Chapter 17.110 (Minor Use Permits and Conditional Use Permits) in Chapter XX (Conditional Use Permits) , and subject to the standards in subsection C.5 of this Section.

  - **a.** Business Support Services. 

  - **b.** Cultural Institutions. 

4. Other Uses Allowed. Other uses may be allowed via by Minor Use Permit or by Conditional Use Permit. Upon receipt of an application for a use not listed in subsections C.2 or C.3 above, the Director shall determine whether the use is similar in character and impacts on its surroundings to one of those listed in subsections C.2 or C.3 above and shall determine the permit process required or shall determine that the use does not meet the intent of this Section and therefore is not allowed.

5. Development and Performance Standards. The following standards shall be conditions of approval for all types of permits. Whether these standards can reasonably be met shall be considered by the review authority when deciding if a permit should be approved for a specific use in a specific location:

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• a. Parking as required by Chapter 17.7 2XX ( Off-street P arking and Loading) shall be provided.

• b. Adequate space for the function itself and supporting activities such as parking shall be provided, in addition to all other activities previously established at the school.

• c. The use will not require structural changes to the school building inconsistent with future school use of the building, unless written guarantee is provided by the permittee that the building will be restored for school use upon termination of the lease or permit.

• d. Minimal customer, client, or delivery traffic will occur, to the satisfaction of the review authority;

• e. Clients or customers shall not visit the leased space between 11`:00 PM and 7:00 AM.

• f. Minimal employee activity will occur at night and on weekends, to the satisfaction of the review authority.

• g. Activities shall be conducted entirely within the school building or on established playing fields and shall not alter the appearance of the building or the playing fields, except as provided in subsection (G)(3) of this subsection.

• h. No vehicle larger than a three-quarter-ton truck shall be used by any tenant at the lease site.

• i. Activities conducted and materials or equipment used shall not change the fire-safety or occupancy classifications of the premises until a building permit has been issued and the necessary improvements installed.

• j. No use shall cause noise, dust, vibration, offensive smell, smoke, glare or electrical interference, or other hazard or nuisance.

• k. All uses shall meet Fire Department standards for access, hydrant locations, and fire flow prior to occupancy.

• A. Purpose and Applicability . The purpose of this Section is to ensure that service/fueling stations as defined in Article 9 (Definition) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards) are compatible with surrounding and adjacent uses and do not create adverse impacts on adjacent properties.

• B. Standards . Service/fueling stations are subject to the following standards:

  1. Premises adjoining residential zones shall be screened from such zones by a minimum six-foot-high landscaped visual barrier, subject to the limitations of Section 17.70.07 0XX.XX (Fences, Walls, and Hedges).

  2. Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from being driven or parked on the sidewalk.

  3. Bells or other sound signals shall be turned off between 10:00 PM and 7:00 AM if the station is adjacent to a residential zone.

  4. Pump islands shall be located at least 15 feet from any street right-of-way line or setback line, except that cantilevered roofs may extend to a point at least five feet from such lines.

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5. Repair work shall be performed and dismantled vehicles shall be stored inside a building or area screened so that such area is not visible from off the premises.

6. Compliance with Chapter 17.7 4 Section 17.xxx.xx (Performance Standards) and Chapter 5.36 (Service Stations) is required.

• C. Additional Conditions and Requirements . This Section permits the Director to exercise the discretion to review, request from applicants’ additional information, take authorized action, and impose additional conditions that are more restrictive than allowed in this Section.

• A. Purpose and Intent. The provisions codified in this Section provide for certain temporary and intermittent uses as defined in Article 9 (Definitions) and where permitted in Article 2 (Zones, Allowable Uses, and Development and Design Standards). It establishes standards and procedures to ensure that such uses are compatible with their surroundings and the intent of these regulations.

In approving a temporary or intermittent use, the Director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures, and site planning, in addition to performance standards specified below. All such uses shall require issuance of a Temporary Use Permit. pursuant to Section 17.xx.xxx (Temporary Use Permits) of this Title. The Director shall determine the extent to which any permanent on-site parking and other facilities may satisfy the requirements for the proposed use. A temporary use approval is not intended to allow a land use that is not allowed in the primary zoning district, other than in the specific cases listed in subsection B of this Section.

B. Specific Cases.

1. Real Estate Sales Office in Tract. A temporary real estate sales office may be established in a residential development for the initial sale of property in that development, upon approval via Director’s Action. Such an office may be located within a residence or a common or temporary building. If a temporary building is used, it shall be removed upon termination of the use.

2. Mobile Home as Construction Office.

• a. A mobile home may be used as a temporary office at a construction site for not more than six months upon written approval of the Chief Building Official subject to any conditions deemed necessary to protect health, safety, and welfare. Upon written request received prior to expiration, the use may be continued for six-month periods, not to exceed a total of 18 months, by the Chief Building Official.

• b. A Director’s Action is required to allow a mobile home as a temporary construction office when the mobile home is not located on the same property as the construction site. The same time limitations as stipulated above for an on-site mobile home would apply, with approvals for extensions of the use made by the Director. Also, with the Chief Building Official’s approval, the mobile home may be occupied by a resident guard or caretaker, provided it is properly connected to City utilities or other safe means of waste disposal is ensured.

3. Educational Conferences . Student housing complexes normally occupied for part of the year may be used during their vacant periods for educational conferences, provided a Minor Use Permit is approved. The occupancy of such facilities during educational conferences shall not exceed the maximum established by any prior City approval for residential occupancy.

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4. Parades, Carnivals, Fairs, Festivals. Use of privately owned property for parades, carnivals, fairs, and festivals requires approval of an Temporary Use Permit. Where these events involve public property, coordination with the City Clerk’s office is required.

5. Other Temporary or Intermittent Uses and Special Events . Upon approval of a Temporary Use Permit, the Director may approve other temporary or intermittent uses, including but not limited to musical events, auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales, and car shows. At the discretion of the Director, certain small-scale events with limited duration, consisting of activities with no potential to detrimentally affect those working and living in the vicinity, may be allowed through Director’s Action. administrative action without a public hearing.

Utilities facilities, not including wireless telecommunication facilities, shall be established and maintained in accordance with the following standards, in addition to any conditions that may be imposed via the discretionary review process.

• A. Utilities transmission stations and substations shall be screened from view from private properties and public rights-of-way by decorative block walls, landscaping, or a combination of walls and landscaping.

• B. All such facilities shall be secured to prevent unauthorized access.

• C. Where utility facilities are proposed to be placed on a sidewalk or other pedestrian or bicycle travel path within a public right-of-way, sufficient clearance, as determined by the Director, shall be provided to allow for safe pedestrian and bicycle travel.

• D. Aboveground utilities facilities shall be painted or otherwise have an exterior treatment that is neutral in color. Alternatively, the review authority may authorize the painting of artwork on such facilities, consistent with any such program or guidelines the City may establish.

Outdoor vending machines are allowed in all commercial zones subject to the following standards.

• A. Vending machines shall be located along the face of a building or against a structure designed to accommodate them.

• B. Vending machines shall be visible from access drives or public streets.

• C. Vending machines shall occupy not more than 10 percent of the length of the wall facing the street or access drive, or 20 feet, whichever is less.

• D. Vending machines shall not obstruct private pedestrian walkways. A minimum of 44 inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants.

• E. Vending machines are not allowed on public sidewalks.

• A. Purpose. These regulations are established for the development, siting, and installation of wireless telecommunication facilities consistent with Federal Telecommunications Act of 1996, as amended; to protect and

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promote public health, safety, and welfare; and to preserve view corridors and avoid adverse visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject to additional standards deemed appropriate through discretionary permit processing to address site-specific conditions.

• B. Exempt Facilities. The following wireless telecommunication facilities are exempt from the requirements of this Section:

  1. Government-owned communication facilities used primarily to protect public health, welfare, and safety.

  2. Facilities operated by providers of emergency medical services, including hospital, ambulance, and medical air transportation services for use in the provision of those services.

  3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards identified in Section 17.70.160 xxx.xx (Satellite Dish Antenna) of this Title.

  4. Any facility specifically exempted under Federal or State law.

C. Planning Applications and Approvals Required.

1. Installation of a new wireless telecommunication facility or significant modification of an existing installation, as determined by the Director, shall require Minor Use Permit approval.

2. The co-location of a new wireless telecommunication facility with an existing approved installation, or minor modification of an existing installation, shall only require Director’s Action for architectural review.

• D. Building Permit Required . Wireless communication facilities shall not be constructed, installed, or modified prior to obtaining a City building permit.

E. Site Development and Performance Standards.

1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zone.

2. Height . The height of any antenna or support equipment shall be determined as part of the Administrative Use Permit on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.

3. Site Access . Telecommunication facilities should use existing roads and parking whenever possible. New and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of the Director.

4. Aesthetics and Visibility . Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.

s shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.

• a. Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If

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possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.

• b. Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.

• c. All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the Director. Electrical and telephone service to the support equipment shall be undergrounded.

• d. Ground-mounted antennas, poles, structures, equipment, or other parts of a telecommunication facility which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.

5. Lighting . All telecommunication facilities not otherwise required to have lighting in compliance with Federal Aviation Administration rules shall be unlit, except when authorized personnel are actually present at night, and except for exempt facilities.

6. Historic Buildings. Any wireless facility located on or adjacent to a historic building or site shall be designed to ensure consistency with the Secretary of Interior standards for remodeling and rehabilitation.

7. Equipment Upgrades . It shall be the responsibility of the owner/operator of a telecommunication facility to provide the City with a notice of intent to modify site equipment in any way. At the time of modification, colocation, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the Director. Unused or obsolete equipment or towers shall be removed from the site within 90 days after their use has ceased.

8. Number of Facilities Per Site . The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities.

9. Noise . Operations of wireless communications facilities shall comply with the requirements of Chapter 9.12 (Noise Control) for the zone in which they are located.

10. Backup Generators . Any facility utilizing temporary backup generators shall be required to meet or exceed air pollution control district standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the air pollution control district. Project plans shall indicate location, size, horsepower, and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 AM and 5:00 PM.

11. Biological Impacts . Wireless telecommunication facilities shall minimize potential impacts to biological resources to the greatest extent possible.

12. Radio Interference . Interference with municipal radio communication is prohibited. Any telecommunication facility that the city has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the City and shall be subject to Minor Use Permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at

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regular intervals after installation established by the Minor Use Permit, at the expense of the facility owner/operator.

13. Airport Operations . Wireless communication facilities shall not be sited in locations where they will interfere with the operation of the San Luis Obispo Airport. Wireless towers and related facilities within the airport planning area shall be referred to the airport manager or the Airport Land Use Commission for a determination of consistency with airport area standards.

14. Radio Frequency and Electromagnetic Exposure.

  - **a.** Wireless telecommunication facilities operating alone or in conjunction with other telecommunication facilities shall not produce radio frequency radiation in excess of the standards for permissible human exposure as adopted by the Federal Communications Commission (FCC). Applications for facilities shall include a radio frequency radiation (RFR) report that measures the predicted levels of RFR emitted by the proposed facility. The radio frequency radiation report shall compare proposed project levels to levels allowed by the FCC and shall show output of the proposed facility in combination with other facilities located or proposed in the vicinity. 

  - **b.** The City may require one or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.

• b. The City may require one or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.

  15. Signs . Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol, and content conventions.

  16. Nuisance . Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the Director, upon receipt of written complaints, the Minor Use Permit allowing a telecommunication facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted, or modified, or the Minor Use Permit may be revoked.

  17. Interference with Public Services and Facilities . Telecommunication facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.

  18. City Inspection . The City shall have the right to access facilities after 24 hours’ written or verbal notice.

• G. Abandonment . It shall be the responsibility of the owner/operator of a telecommunication facility to provide the City with a notice of intent to vacate the site a minimum of 30 days prior to ceasing operation. Any wireless telecommunication facility that is not operated for a continuous period of 90 days shall be removed within 90 days of the date upon which the operation ceased.

• H. Revocation of a Permit . Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the Director may schedule a public hearing before the hearing officer to consider revocation of the permit.

CHAPTER 17.88. RESERVED

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