Division 9 — REASONABLE ACCOMMODATION FOR DISABLED AND HANDICAPPED INDIVIDUALS

This chapter is adopted in accordance with the city’s police powers and as required by the Fair Housing Law. It is intended to provide equal access to residential housing throughout the city’s jurisdiction regardless of an individual’s physical or mental abilities.

(Ord. 1249, passed 5-6-13)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Fair Housing Law and any successor statutes or regulations.

DISABLED PERSON - Means an individual who has a physical or mental impairment that limits one or more of that person’s major life activities; anyone who is regarded as having such impairment; or anyone who has a medical record of having such an impairment. A DISABLED PERSON does not include individuals currently using controlled substances as defined by federal law.

FAIR HOUSING LAW - Means existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 USC § 3604(f)(3)(B) and reasonable accommodation required by Cal. Gov’t Code §§ 12927(c)(1) and 12955(l).

REASONABLE ACCOMMODATION - Means any request by, or on behalf of, a disabled person for a reasonable deviation from the city’s strict application of its land use or building regulations as set forth in this code, or as adopted by reference in this code, in order for such disabled person to use and enjoy a dwelling.

(Ord. 1249, passed 5-6-13)

The city must post notice in the same manner as it posts meeting agendas advising disabled persons regarding the reasonable accommodation that may be provided in accordance with this chapter. (Ord. 1249, passed 5-6-13)

(A) A disabled person or disabled person’s representative may request reasonable accommodation pursuant to this chapter.

(B) The Director, or designee, must provide reasonable assistance to disabled persons, or their representatives, to seek reasonable accommodation. Such assistance must occur during any part of a request including, without limitation, the initial application and any appeal.

(C) A request for reasonable accommodation must be filed on a form provided by the Director. The application must include the following:

(1) Evidence of the property owner’s consent, usually in the form of the owner’s signature on the application;

(2) A description of how the property will be used by the disabled individual(s), e.g., for residential habitation, and the specific reason that reasonable accommodation is desirable;

(3) Evidence of the applicant’s disability as reasonably determined by the Director including, without limitation, an individual’s medical record; correspondence from a currently licensed healthcare professional; or documentation from the California Department of Motor Vehicles demonstrating that the individual qualifies for disabled parking;

(4) Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

(D) The city cannot require a fee for filing an original application. However, the city may establish a fee for appealing decisions pursuant to City Council resolution.

(Ord. 1249, passed 5-6-13)

(A) Unless the Director determinates otherwise, approving a reasonable accommodation is an administrative determination by the Director without the need for a public hearing.

(B) Upon accepting a reasonable accommodation request application as complete, the Director must review the application for conformance with the provisions of this Title 16. Based on this review, the Director must act to approve, conditionally approve, or deny the application.

(C) Within 30 days of receiving a completed application, the Director must issue a statement of decisions and findings. The statement must recite, among other things, the facts and reasons for granting or denying the application. (Ord. 1249, passed 5-6-13)

The Director may take one of the following actions:

(A) Approval. There are no conditions or requirements other than those specified by the application. After the date of final determination, the proposed project may be developed in compliance with the reasonable accommodation approved by the Director.

(B) Disapproval. When a reasonable accommodation application is disapproved, an application for the same project or a similar use on the same property cannot thereafter be accepted for a period of one year from the date of final determination, except that the Director may specify that, if the action is due to details or technical issues, this time limit does not apply.

(C) Conditional approval. Any application may be approved subject to conditions the Director deems necessary for compliance with city, state and federal regulations related to the protection of general health, welfare, and safety of the surrounding area. After the date of final determination, the proposed project may be developed in compliance with the reasonable accommodation approved by the Director along with applicable conditions of approval.

(D) Withdrawal. With the concurrence of or at the request of the applicant, any a permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application is null and void and the property must have the same status as if no application had been filed.

(Ord. 1249, passed 5-6-13)

The following findings must be made in order to approve a request for reasonable accommodation:

(A) The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

(B) The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

(C) The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

(D) The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.

(Ord. 1249, passed 5-6-13)

A reasonable accommodation granted under this chapter is subject to the following general conditions:

(A) The reasonable accommodation applies only to the specific disabled person;

(B) Changes in use or circumstances that negates the basis for the reasonable accommodation renders it void;

(C) Except as otherwise specifically accommodated pursuant to this chapter, the approved reasonable accommodation is subject to all uniform building codes as adopted by this code.

(Ord. 1249, passed 5-6-13)

In addition to the general conditions, the Director may impose the following conditions:

(A) Reasonable accommodations affecting an exterior physical improvement must be designed to be substantially similar to the architectural character, colors, and texture of materials of its surrounding dwelling units; and

(B) Such additional conditions that the Director in good faith believes are required to reconcile the approved reasonable accommodation with other requirements of this code while still implementing the purpose of this chapter. (Ord. 1249, passed 5-6-13)

A reasonable accommodation request may be appealed or revoked pursuant to Chapter 16.206 of this code. Disabled persons may request reasonable accommodation in the procedure by which an appeal will be conducted including, without limitation, extension of time periods in order to accommodate the individual’s disability. (Ord. 1249, passed 5-6-13)

Establishment, maintenance and operation of the use or uses proposed by the application must comply with the information and specifications shown in the Director’s approval.

(Ord. 1249, passed 5-6-13)

The determination on each application, including any required findings and any other reasons that serve to explain the determination, and all conditions of approval, must be in writing. A copy of the written determination must forwarded to the applicant following the date of final determination and is made available, at cost, to any person desiring a copy of such determination.

(Ord. 1249, passed 5-6-13)

The determination of the Director is effective 15 days after the date the decision is made and after all appeals, if any, are resolved.

(Ord. 1249, passed 5-6-13)

A reasonable accommodation approved in accordance with this chapter does not require any separate permit. However, as provided in this section, a reasonable accommodation does not run with the land; it constitutes a permit issued to a specific disabled person and may be revoked or rendered void in accordance with this section. (Ord. 1249, passed 5-6-13)

CHAPTER 16.15: COMMERCIAL ZONES

Five commercial zones are established to preserve and enhance areas throughout the city for a variety of commercial activities, housing and employment uses that contribute to the community's economic well-being, and human and environmental health. These provisions set forth standards and procedures to ensure the compatible and mutually beneficial interaction between commercial and residential uses; to protect adjacent properties from excessive illumination, noise, traffic and other nuisances; to encourage quality development projects; to accommodate the varied needs of the business community; and, to promote affordable housing.

(A) Commercial Neighborhood (C-N). The Commercial Neighborhood (C-N) zone accommodates low-scale community-oriented stores, offices, service businesses, and residential uses. The zone provides commercial areas convenient to neighborhood residents, with limited impact in terms of traffic, noise, and on-site activity, as well as residential and mixed-use developments.

(B) Commercial Office (C-O). The Commercial Office (C-O) zone accommodates professional business offices; medical, real estate, financial, and administrative offices; and similar uses, as well as closely related service and retail businesses. Residential and mixed commercial/residential use is permitted in this zone subject to the development standards contained in this chapter.

(C) Central Business District (CBD). The Central Business District (CBD) zone provides a pedestrian-scale commercial district with an emphasis on small-scale businesses intended to serve the local community and tourists. The character of the CBD zone is intended to be that which promotes the historic identity of the past through the creation of an identifiable downtown and an emphasis on architectural style. The CBD zone will support a mix of complementary retail, service, office, civic, cultural, and residential uses. Residential use is permitted outright in this zone subject to the development standards contained in this chapter.

(D) General Commercial (C-G). The General Commercial (C-G) zone accommodates a broad range of retail and wholesale commercial enterprises, service uses, entertainment uses, offices and other businesses that serve both local and regional customer bases. Development may consist of stand-alone stores or coordinated commercial centers. Residential use is also permitted in this zone subject to the development standards contained in this chapter.

(E) Mixed Use: Commercial/Light Industrial/Residential (C-LI). This designation allows for heavy commercial and light industrial uses to stimulate economic development. Pedestrian-oriented residential development is encouraged including large-scale infill and mixed-use. The maximum FAR for non-residential uses is 0.35. Mixed uses with residential on the upper floors and stand-alone residential uses are also allowed. Maximum residential density is 21 units per acre. Mixed-use development is also allowed in the Commercial and Commercial Office land use categories as described below.

(Ord. 1100, passed 7-6-04; Am. Ord. 1305, passed 10-7-20)

(A) Table 15-1 identifies the uses permitted in the C-N, C-O, C-G, C-LI and CBD zones. Retail, housing and service commercial uses represent the primary permitted uses, although other uses are allowed as accessory, conditionally permitted, and temporary uses, as indicated in Table 15-1. Accessory uses are not permitted on any property where a permitted primary use does not already exist.

(B) Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding the location, operation, or design of the use. Such uses are marked in Table 15-1 with an asterisk (*), and the special conditions that apply are contained in Chapters 16.54 through 16.76 (Standards for Specific Land Uses) of this Title 16.

(C) For uses not listed in Table 15-1, the provisions of § 16.03.020 (Planning Director Responsibilities) of this Title 16 will apply.

(Am. Ord. 1159, passed 6-19-06; Am. Ord. 1172, passed 7-2-07; Am. Ord. 1262, passed 2-1-16; Am. Ord. 1305, passed 10-7-20)

TABLE 15-1

Key: P = Permitted Use A = Permitted as an Accessory Use

C = Conditional Use Permit Required T = Temporary Use Only, Permit Required

(See Chapter 16.218) * = Special use conditions and/or development standards apply

X = Not Permitted --- = Not Applicable. See comment in "use" field.

D = Dining Entertainment Permit Required

Notes: (a) Any use involving alcoholic beverage sales requires a Conditional Use Permit.

(b) Density bonus may apply

For uses not listed in Table 15-1, the provisions of Section 16.03.020 of this Title 16 will apply. H However, in no case will a building exceed 4 stories or 50 feet in the C-G zone, and 8 stories or 100 feet In the C-LI zone.

TABLE 15-2

Development Standards - Commercial Zones

Abbreviations: sf = square feet, ft. = feet

Notes: (a) See additional standards for CBD zone for development requirements and exceptions (Section 16.15.030 (C)).

• (b) Additional FAR may be approved through Conditional Use Permit review and approval.

• (c) Lot coverage includes building footprint, storage areas, driveways, parking lot, and other impervious surface areas.

(d) Additional building height or stories may be approved through Conditional Use Permit review and approval. However, in no case will a building exceed 4 stories or 50 feet in the C-G zone, and 8 stories or 100 feet in the C-LI zone.

(A) Table 15-2 identifies the development standards applicable to all development in the C-N, C-O, CBD, C-G, and C-LI zones.

(B) Those lots shown on an approved and recorded subdivision map or certificate of compliance may be used as a building site irrespective of the minimum lot size, lot width, and lot depth standards set forth in Table 15-2 .

(C) Additional standards for Central Business District (CBD) Zone. In addition to the development standards contained in Table 15-2, the following standards apply to development in the CBD zone.

• (1) Shared parking. Shared parking is encouraged pursuant to the provisions of § 16.46.060 of this Title 16.

• (2) Zero Lot Line on Main Street between 7th Street and 12th Street.

• (a) Either the first floor or the second floor must be built to and parallel with the front property line.

• (b) The second floor of all structures must be built to and parallel with the front property line, except that up to

50% of the second floor frontage may be set back only if the first floor is built to and parallel to the front property line.

• (3) Encroachment into required setbacks.

(a) Architectural features may project up to three feet beyond the property or right-of-way line, provided such projection is a minimum of eight feet above the highest point of publicly owned ground over which such features project. No feature may project into any adjoining privately owned parcel, nor obstruct a vehicle access route or parking area.

(b) Awnings may project up to eight feet beyond the property or right-of-way line, provided such projection is a minimum of 12 feet above the highest point of ground over which the awning projects.

(4) Mechanical/electrical equipment and satellite dish antennae. All mechanical/electrical equipment and satellite dish antennae must be screened by architectural treatments compatible with the architecture of the building they serve. All rooftop equipment must be placed behind a permanent parapet wall or equipment screen so that it is completely screened from view from the ground level.

• (5) Outdoor dining.

• (a) Restaurants with outdoor dining areas on private property are permitted.

• (b) Restaurants with outdoor dining areas on public property or right-of-way may obtain a permit pursuant to Chapter 124 of this Code.

(6) Design guidelines. All development must comply with the Design Guidelines for Downtown Santa Paula, adopted by resolution of the City Council.

• (D) Standards for Mixed-Use Development.

(1) Mixed-use developments that contain both commercial and residential uses must comply with the following standards:

(a) Retail/commercial uses must be located on the ground floor level in the entire portion of the building fronting the primary street, and must occupy a minimum of 30% of the ground floor area.

(b) Residential dwelling units, cultural uses, and office uses are allowed on the second and third floors, and behind the ground floor retail/commercial use.

(c) Separate entrances to the different use occupancies must be provided for residential and nonresidential uses. When possible, separate entrances to residential units must be provided in the front of the building. Separations will be reviewed through the applicable discretionary permit review process. Adequate soundproofing and odor control between residential and nonresidential uses must be provided.

(Ord. 1100, passed 7-6-04; Am. Ord. 1151, passed 1-3-06; Am. Ord. 1159, passed 6-19-06; Am. Ord. 1305, passed 107-20)

(A) Purpose. Landscaping is to be used to provide attractive planted areas that complement buildings on a site, to reduce heat and glare, to control soil erosion, and to screen incompatible land uses.

• (B) Landscaping requirements.

• (1) Landscape coverage of a building site must be provided as follows:

Such landscaping may include any landscaping required in off-street parking areas.

(2) Along any property line abutting a residential zone, a minimum 10-foot landscaped setback must be provided in all commercial zones. One tree must be provided for each 20 linear feet of such setback buffer.

(3) All required front yards and street facing side yards must be landscaped.

(4) Landscaping of required off-street parking areas must be provided as set forth in § 16.46.100 (Landscaping Requirements) of Chapter 16.46 (Off-Street Parking and Loading) of this Title 16.

(5) No more than 15% of any required landscaped area may consist of hardscape or other non-plant materials such as fountains, rocks, bark, masonry or brickwork, walkways, or similar feature.

(6) Landscaped areas must have a minimum width of five feet, including any curbs or similar borders. Narrower landscaped areas may be provided but must not be counted toward meeting the coverage requirements set forth in paragraph 1 above.

(7) Any area within required setbacks not used for other purposes must be landscaped.

(8) Landscaping used to screen storage areas, trash enclosures, parking areas, public utilities, and other similar building features must be planted at a height and density to provide the desired screening effect within three years of initial planting.

(9) Street trees must be provided consistent with City Resolution 3675 establishing guidelines for the preparation of landscape and irrigation plans.

(10) All landscaping must comply with City Resolution 3675 establishing guidelines for the preparation of landscape and irrigation plans.

(C) Irrigation required. All required landscape areas must be provided with permanent irrigation systems suitable for the type of landscaping provided.

(D) Landscape maintenance. All landscaping must be permanently maintained in a neat and healthy condition. Maintenance of approved landscaped installations must consist of regular watering, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems.

• (E) Landscape and irrigation plans required.

(1) Landscape and irrigation plans are required for all development proposals in any commercial zone. The plan must indicate the square footage of each landscaped area, report the total square footage devoted to landscaping, identify each landscaping area and the types of plants to be provided therein, list the container size of each plant, and clearly portray the entire landscaping layout and irrigation system.

d irrigation plans are required for all development proposals in any commercial zone. The plan must indicate the square footage of each landscaped area, report the total square footage devoted to landscaping, identify each landscaping area and the types of plants to be provided therein, list the container size of each plant, and clearly portray the entire landscaping layout and irrigation system.

(2) Landscape design plans must be prepared by a California Registered Landscape Architect, unless such requirement is waived by the Planning Director or designee.

(3) No building permit may be issued until landscaping and irrigation plans have been reviewed and approved by the Planning Director or designee. The Landscape Architect must certify the plans have been implemented according to the approved plans.

(F) Water-conserving features. Landscape and irrigation plans are encouraged to take full advantage of the wide range of drought-tolerant landscape material and low-water-flow irrigation systems available within the framework established by this section, except where such action conflicts with adopted fire prevention plans, or the Fire Chief determines that such would create a fire hazard.

(Ord. 1100, passed 7-6-04; Am. Ord. 1305, passed 10-7-20)

(A) C-N, C-O, and C-G Zones. All uses within the C-N, C-O, and C-G zones must be conducted entirely within a completely enclosed building, with the exception of parking and loading facilities, the permitted display of vehicles, and permitted temporary uses. No outdoor storage is permitted.

• (B) CBD Zone - Outdoor Display of Merchandise.

• (1) It is unlawful to display merchandise on public property without a valid encroachment permit issued pursuant to this code.

• (2) Merchandise cannot project more than four feet beyond the store front.

• (3) Merchandise can be displayed outside only during business hours.

• (4) The aggregate merchandise display area cannot exceed 50% of the linear frontage of the store front or six linear feet, whichever is greater.

(5) It is unlawful to display merchandise as follows: in such a manner as to present a hazard to safety; impede the normal flow of vehicular or pedestrian traffic; create a display that is detrimental to the appearance of the premises and surrounding property; or is in any other manner detrimental to the public health, safety, welfare.

(6) Required parking spaces cannot be used for merchandise displays.

• (C) C-LI Zone.

• (1) All sales and manufacturing activity, with the exception of vehicle sales, must occur within a fully enclosed building or other approved interior space to the principal building.

(2) Outdoor storage is permitted only within a rear or interior side yard. Such storage must be entirely shielded from view from any public right-of-way and from adjacent properties by a combination of fencing, walls, and/or landscaping. All screening materials must be neatly maintained, kept in good repair, and erected and maintained in a manner that achieves all intended screening purposes. The design, materials, and location of the screening is subject to the approval of the Planning Director or designee.

• (Ord. 1100, passed 7-6-04; Am. Ord. 1201, passed 2-17-09; Am. Ord. 1305, passed 10-7-20)

Where a commercial, office or industrial/ manufacturing use abuts a property in a residential zone, a masonry wall of minimum height six feet, with screen landscaping, must be erected and maintained between the two uses. The wall is measured from the highest adjacent grade. Masonry walls greater than 40 feet in total length must be designed with architectural columns at intervals lengths of between 12 to 16 feet. Landscape screening of the wall must also be provided on the commercial property.

Figure 15-1

Buffering of Commercial Uses

(Ord. 1100, passed 7-6-04; Am. Ord. 1305, passed 10-7-20)

The design of structures on the industrial zoned lots must comply with the Design Review guidelines as adopted under City Council Resolution 5298, and the Downtown Development Report.

(Ord. 1100, passed 7-6-04; Am. Ord. 1305, passed 10-7-20)

In addition to the requirements contained in this Chapter 16.15, the following applicable requirements in this Title 16 will apply to development in commercial zones:

Chapter 16.40: General Property Development Standards Chapter 16.42: Performance Standards Chapter 16.44: Fences, Wall, and Hedges Chapter 16.46: Off-Street Parking and Loading Chapter 16.48: Signs Chapter 16.50: Antennas and Other Telecommuni- cations Facilities Chapter 16.54 - 16.76: Standards for Specific Land Uses Chapters 16.110-16.118: Nonconformities (Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06; Am. Ord. 1305, passed 10-7-20)