Chapter 11

SPECIFIC USE DEVELOPMENT STANDARDS

Specific Use Development Standards

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It is the purpose and intent of this Chapter to identify land uses and activities which possess the potential to cause deleterious effects to the community in which they are located, and to subject such uses to specific regulations with the intent of minimizing, to the extent practical, these deleterious effects. Further, it is intended that in the zone districts in which these land uses are permitted, they are conducted in a manner which is consistent with the protection of the public health, safety, and welfare in accordance with the goals, policies, objectives and implementation programs contained in the General Plan.

It is further determined that it is in the interest of public health, safety and welfare of the citizens of the City to protect minors from viewing publicly displayed harmful matter and that pursuant to Penal Code Section 313.1(d) and (e) the City is authorized to adopt ordinances which restrict the display of harmful matter to minors by the use of blinder racks. It has also been found that there exists an increasing trend toward the display of harmful matter, within the meaning of Penal Code Section 313, at grocery stores, convenience stores, video stores, and other retail outlets, as well as from newsracks, and that restriction of public display of such harmful matter will keep the adverse impacts of such harmful matter upon minors to a minimum.

The provisions of this Chapter shall apply to the activities and land uses specified by this Chapter in addition to any standards and regulations established by this Title which may also be applicable to these specified land uses or activities.

11.30

ADULT ENTERTAINMENT

1. Applicability

For the purposes of this Section and Title, Adult Entertainment Business shall refer to the following businesses and activities as defined in Chapter 1.

Adult Arcade

Adult Bookstore

Adult Cabaret

Adult Model Studio

Adult Motel or Hotel

Adult Motion Picture Theater

Adult Theater

Other Adult Entertainment Businesses

2. General Provisions

   • a. Adult oriented businesses may be permitted in compliance with the provisions of this Section where the Land Use Designation of the General Plan for the subject property is Industrial and where the zone

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district in which the subject property is located is Industrial, subject to the limitations and design standards specified within said Industrial zone district in accordance with the provisions of this Title.

3. Development Standards

• a. Distance Requirements

The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property upon which the proposed land use is to be located to the nearest point of the property from which the proposed land use is to be separated.

• b. Adult-oriented businesses shall not be established or conducted within:

  • (1) 1,000 feet of any residential zone district;

  • (2) 1,000 feet of any funeral parlor, mortuary, or similar facility;

  • (3) 1,000 feet of a public or private school for minors;

  • (4) 1,000 feet of a licensed day care facility for minors;

  • (5) 1;000 feet of a church, synagogue or other place of worship;

  • (6) 1,000 feet of a park, library, or public facility;

  • (7) 1,000 feet from any other adult entertainment business; and

  • (8) 1,000 feet of any hotel, motel, or any other transient lodging.

c.

Exterior Display

No adult entertainment business shall be operated in a way that permits observation of material depicting or describing “Specified Anatomical Areas” or “Specified Sexual Activities”, as defined in this Title, from any location outside of the building in which an adult entertainment business is operating.

• d. Advertising structures, advertisements, displays or other promotional material depicting “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 visible from the outside of a building, Further, no building shall be painted in garish colors or such other fashion that will effectuate the same purpose as a sign.

promotional material depicting “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 visible from the outside of a building, Further, no building shall be painted in garish colors or such other fashion that will effectuate the same purpose as a sign.

• e. All building openings, entries and windows for adult-oriented businesses shall be located, covered, or screened in a manner to prevent a view into the interior from any exterior public or semipublic area.

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• f. No loudspeakers or sound equipment shall be used for adult-oriented businesses

4. Establishment of an Adult-Oriented Business

The establishment of an adult-oriented business shall include any of the following:

• a. The opening or commencement of operation of any such business as a new business.

• b. The conversion of any existing business to an adult-oriented business.

• c. The addition of any adult-oriented business to any existing adultoriented businesses if the addition results in enlargement of the place of business. For purposes of this paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or by use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.

5. An interior sign, with a minimum surface area of four (4) square feet, shall be posted in a prominent location inside the adult entertainment business, stating, in English and Spanish:

“Penal Code Section 314 (Indecent exposures: Exhibitions: Penalty.) Every person who willfully and lewdly, either:

• a. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,

• b. Procures, counsels, or assists any person to expose himself or take part in any model artist exhibition, to make any other exhibition of himself to public view, to view any number of persons engaged in actions deemed an offense to decency, or be adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.

Operational Requirements

• a. All activities pertaining to the operation of an adult entertainment business shall be conducted inside the walls of the proposed building and shall be out of sight and sound from any location outside the building. This shall not apply to approved outdoor signage, for the purpose of notifying potential customers of the business.

• b. Within the adult entertainment business, all image producing devices shall be located so that the machines are open to view from any side and are without obstructions or separations that would block from open sight, any patrons using said machines.

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c.

A responsible adult shall be present on the premises at all times and shall observe and supervise the use of all image-producing devices and all areas of the business available to public access. Adult entertainment businesses containing over 40 image-producing machines shall require the presence of two (2) responsible adults to observe and supervise all areas of the business available to public access.

d. Facility Design Requirements

All adult entertainment businesses, other than such businesses that are established as a tenant within an industrially zoned center containing multiple tenants, shall be designed and constructed to blend into, and appear as an integral part of, the built environment that characterizes the surrounding area.

e. Exclusion of Minors

Access to any adult entertainment business by a minor shall be prohibited. A sign shall be posted on all entrances restricting inclusion or entrance of minors. No minors shall be employed by any adult entertainment business nor permitted entrance into the premises.

f.

Minimum Lighting

No person shall operate an adult entertainment business, excluding Adult Motion Picture Theaters, unless a light level of not less than two (2) foot candles at floor level is maintained in every portion of said establishment to which the public is admitted.

g. Maximum Occupancy Load

No person shall operate an adult entertainment business in which the number of persons in any room or partitioned portion of a room where an image-producing device is located exceeds one (1) person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which any image-producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance of said room.

h. Maximum Number of Devices

No person shall operate an adult entertainment business in which the number of image-producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image-producing device is located.

i. Free Access to Law Enforcement, Fire, Health and Safety Personnel, City Inspectors

No person shall deny access to an adult entertainment business for the purpose of a reasonable inspection to enforce compliance with

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building, fire, electrical, health or plumbing regulations or California State Law.

• j. Other Remedies

The provisions of subsection “j” are to be construed as added remedies not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

7. Nonconforming Establishments

   • a. Any adult entertainment business established and conducted as a lawful business and a lawful use at the time this Title became effective, has been in continuous operation since that time, and is not in conformance with the requirements of this Title shall be recognized as a legal non-conforming use.

• b. Any non-conforming adult entertainment use shall not be enlarged or changed by any of the following means, unless such a change will bring the business into full compliance with the requirements of this Section:

  - (1) Increase in the size of the floor area or use area of a building or portion of a building in which the business is located; 
  
  - (2) Use of an adjacent building in whole or part, whether on the same lot or an adjacent lot; 
  
  - (3) Conversion of an existing adult entertainment business to any other adult entertainment business; and 
  
  - (4) Addition of another adult entertainment business to an existing adult entertainment business. 
  

  • c. The establishment of any land use specified in Section 11.30.3.b. of this Chapter, within the proscribed distances to an existing adultoriented business, shall not, by establishment of that land use, require the removal of the adult-oriented business, provided that the adultoriented business is a legal use or a legal nonconforming use and is in conformance with all provisions of this Title and other applicable ordinances and statutes.

8. Regulations Non-Exclusive

   • a. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or Statute of the State of California regarding public nuisance, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

   • b. The regulations set forth in this section are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any

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other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in applicable ordinances.

9. Display of harmful material to minors prohibited.

   • a. It shall be unlawful to display, cause to be displayed, or permit to be displayed for commercial purposes any harmful matter in any public place except for a public place from which minors are excluded.

   • b. Harmful matter is not considered to be displayed if it is located in an area which places such material reasonably beyond the reach of a minor and a device, commonly known as a blinder rack, is placed in front of such harmful matter.

   • c. Any person who sells or rents video recordings containing harmful matter shall comply with Penal Code Section 313.1.(e) which requires the creation of a separate area within a business establishment for the placement of such video recordings for display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.

tion 313.1.(e) which requires the creation of a separate area within a business establishment for the placement of such video recordings for display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by persons outside that area.

• d. Any newsrack, which offers harmful matter for sale, must place a blinder rack in front of such harmful matter so as to obscure the lower two-thirds of the material displaying said harmful matter. For purposes of this subsection, a wrapper which obscures the lower two-thirds of the material and which is fastened securely to the material may be used in lieu of a blinder rack.

1. Intent

This Section is intended to ensure that keeping of animals or husbandry land uses do not create adverse impacts to adjacent properties such as dust, noise, odor, fumes, bright light, visual blight, or insect infestation.

2. Applicability

All keeping of animals or husbandry land uses conducted shall comply with the provisions of this Section in addition to applicable provisions of the zone district in which the said use is located.

3. Pre-Existing Uses

Legally established keeping of animals and husbandry use which would, as a result of the adoption of this Title become nonconforming with this Section, be permitted to continue as a “legal nonconforming use”, provided, that the use meets the criteria for legal nonconforming uses, pursuant to Section 2.120 (Nonconforming Use and Structure Provisions) of this Title.

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4. Permitted Uses

The following uses are permitted uses on each residential parcel in the City. For purposes of calculating allowed number of animals, remainders of area or of animals shall be rounded down.

• a. The following standards apply to the keeping of domestic pets within A, E, R-1, R-2, and R-3 zone districts.

  • (1) On lots smaller than one-quarter (¼) acre, the keeping of dogs or cats shall not exceed two (2) adult dogs or two (2) adult cats or a combination thereof totaling not more than four adult animals.

  • (2) On lots of one-quarter (¼) acre or greater, two (2) adult dogs or two (2) adult cats or a combination thereof totaling not more than four (4) adult animals may be kept on a lot for each onequarter (¼) acre, up to a maximum of six (6) adult dogs or six (6) adult cats, or a combination thereof totaling not more than eight (8) adult animals.

  • (3) The keeping of up to ten (10) domestic, adult household pets, other than dogs and cats, including domestic birds, tropical fish, rabbits, hamsters, rats, mice, and similar type pets, shall be permitted in any combination of species for lots one-quarter (¼) acre or less; and ten (10) additional such pets shall be permitted for each additional one-quarter (¼) acre, provided the total number of adult household pets kept does not exceed fifty (50) animals on any lot.

• b. The following standards apply to the non-commercial keeping of horses within the A and E zone districts.

  • (1) One horse or pony may be kept on any lot with an area no less than one-half (½) acre. One additional horse or pony, or combination thereof, may be kept for each additional onequarter acre on the same lot.

• c. Non-commercial keeping of the following animals, in any combination, may be permitted within the “A” and “E” zone districts:

  • (1) Goats, sheep, and other small sized cleft hoof animals.

    • (a) No goats, sheep or other small sized cleft hoof animals shall be kept on any lot less than one-quarter (¼) acre.

    • (b) Two adult goats, sheep or other small sized cleft hoof animals may be kept for each one-quarter (¼) acre up to a maximum of eight (8) adult animals total, in any combination thereof.

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• (2) Cattle (Bovines)

  • (a) No cattle or bovines shall be kept on any lot less than one-half (½) acre.

  • (b) One bovine may be kept for each one-half (½) acre up to a maximum of six (6) bovine.

• (3) Minimum distance for structures used for habitation of animals, such as stalls, pens, coops, but not including property line fences, shall be as follows: ten (10) feet from a residential building on the same lot; thirty (30) feet from off-site residential structures or other structures used for human habitation; onehundred (100) feet from the front lot line; twenty-five (25) feet from a street side lot line on a corner lot; and seventy-five (75) feet from a public park, school, hospital or similar institution.

• d. Student Oriented Projects

The breeding and raising of livestock, in greater numbers than allowed in this Chapter, by minors in conjunction with a student-oriented fair project sponsored by a bona fide agricultural organization shall be permitted upon application to and approval by the Planning Director.

• (1) Application Contents. An application for a Temporary Animal Permit shall include the following:

  • (a) The name and address of the applicant.

  • (b) The name(s) and address(es) of the property owner(s).

  • (c) Assessor’s parcel number(s).

  • (d) Legal description of the subject property.

  • (e) Name of the organization sponsoring the applicant.

  • (f) A plot plan showing the location of proposed pens, coops, or areas for the breeding and raising of animals in relation to existing residence(s) and other buildings and structures within one hundred (100) feet of pens, coops, or areas housing livestock.

  • (g) The signature of each owner of the real property abutting the subject lot consenting to the granting of the Temporary Animal Permit.

• (2) Development Standards and Conditions. The breeding and raising of animals on a temporary basis shall comply with the following standards and conditions:

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• (a) Applicant shall be sponsored by a bona fide organization, such as, but not limited to, Future Farmers of America, 4-H Club, Cow Belles, or Junior Farmers.

• (b) The increase in animal density shall not exceed one (1) horse, donkey, mule, cow, dairy stock, goat, hog, sheep, or other similar animal per one-quarter (¼) acre of lot area. In any case, no more than six (6) additional animals shall be allowed.

• (c) A Temporary Animal Permit shall be effective for a period of six (6) months from the effective date of the permit. No more than one (1) such permit shall be approved for any lot within a one (1) year period.

• (d) The written consent of each abutting property owner consenting to the granting of a Temporary Animal Permit must be obtained.

• (e) The applicant shall allow inspection of animal maintenance facilities by the Kern County Health Department and City staff.

• (f) The Planning Director may revoke a Temporary Animal Permit at any time for noncompliance with this Title or upon receipt of a recommendation for revocation from the Kern County Health Department.

  • (g) Each additional animal authorized by a Temporary Animal Permit over the allowable animal density specified herein shall be removed upon expiration of the permit.

• e. Conditionally Permitted Uses

The following shall be subject to the conditional use permit procedure as provided in Section 2.50 of this Title.

• (1) Exotic or wild animals (as defined in Chapter 1).

• (2) On lots twenty thousand (20,000) square feet or greater, frog farms or the raising of earthworms may be permitted, provided that the area devoted to such use or uses shall not exceed ten (10) percent of the net lot area.

• (3) Fish hatcheries or farms for stocking, breeding or commercial sale.

• (4) The raising of rabbits, chinchilla, nutria, hamsters, guinea pigs, and other such animals similar in size, appearance, and weight for commercial purposes.

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• (5) Non-commercial aviaries (not including chickens) provided that the number of birds shall not exceed seventeen (17) birds for each ten thousand (10,000) square feet of net lot area.

• (6) Non-commercial apiary (beekeeping) provided that hives and/or boxes shall be placed a minimum of four hundred (400) feet from any street, road, highway, public school, park or any occupied dwelling, except for the owner or caretaker of the apiary.

• f. Animal Offspring

Offspring born to permitted or conditionally permitted animals kept on any given site may be maintained on said site until weaned without being counted against the maximum number of animals permitted on the site as follows:

• (1) Cats and dogs; six (6) months

• (2) Horses and ponies; twelve (12) months

• (3) All other equine and cleft-hoofed animals; six (6) months).

1. Purpose

It has been found that business establishments and organizations engaged in the sale of alcoholic beverages for consumption frequently generate or contribute to problems which adversely affect the health, peace or safety of the city’s residents, property owners, businesses, visitors and workers. Such problems include, but are not limited to: loitering, obstruction of pedestrian and vehicular traffic, defacement of buildings, disturbances of the peace, illegal drug activity, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, excessive littering, illegal parking, excessive loud noises in the late night and early morning hours, traffic violations, lewd conduct, police detections or arrests, and the deterioration of neighborhoods in which such establishment and business premises are located.

The purpose of this section is to protect the health, safety and welfare of the community by: (i) imposing restrictions on the location of such establishments in relation to one another and in relation to certain public and private facilities and structures: and (ii) requiring that each such establishment or organization obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages.

2. Conditional Use Permit Required

Except as otherwise provided herein, no establishment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such an establishment. A conditional use permit

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shall not, however, be required if the establishment falls within the following categories:

• a. A retail store having ten thousand (10,000) square feet or more of floor area which does not devote more than five (5) percent of such floor area to the sale, display, and storage of alcoholic beverages, or

• b. A bona fide restaurant.

• c. A special event function; such as neighborhood or community festivals, provided all of the following criteria are met:

  • (1) The person, group, business, or organization sponsoring the event secures all applicable permits from the City; and

  • (2) The person, group, business, or organization sponsoring the event obtains a temporary on-sale license from the State of California Department of Alcoholic Beverage Control for each of the dates the event will be held; and

  • (3) The duration of the event does not exceed three consecutive days or five days in any single calendar year.

3. Standard Conditions for conditional use permit approval for alcohol-related land uses.

   • a. The applicant shall furnish the City a copy of the ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control prior to public hearing on any application for a conditional use permit.

• b. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control.

  • c. The conditional use permit shall not become effective for any purpose unless an “Acceptance of Conditions” form has been signed by the applicant in the presence of the Planning Director, or notarized and returned to the Planning Department and the ten (10) day appeal period has elapsed.

  • d. A modification of an approved conditional use permit, as provided in this Title, shall be obtained when:

    • (1) The establishment proposes to change its type of liquor license.

    • (2) the establishment proposes to modify any of its current conditions of approval.

    • (3) There is a substantial change in the mode or character of operations of the establishment.

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• e. Exterior lighting in the parking area shall be designed to provide adequate lighting for patrons, while not unreasonably disturbing surrounding properties. A lighting plan, subject to review and approval by the Planning Director, shall be implemented prior to sale of any alcoholic beverage.

• f. In the event City staff determines that security problems exist on the site, the conditions of this permit may be amended, under the provisions of this Title, to require additional security.

• g.

  • The establishment shall have a public telephone listing.

• h. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill that will enable them to comply with their responsibilities under State law. This includes, but is not limited to the following:

  • (1) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations, and penalties for violations of these laws.

  • (2) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages.

  • (3) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles.

  • (4) Methods for dealing with intoxicated customers and recognizing underage customers.

• i. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators of such establishments shall remove trash and debris in a manner to eliminate a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m.

• j. The Planning Commission has the right to hold a public hearing to revoke or modify any conditional use permit pursuant to the provisions of this Title if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter.

• k. A conditional use permit which has been approved or conditionally approved for alcohol-related land uses shall become null and void unless exercised within one year of the date of final approval, or such

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extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Planning Department a minimum of ninety (90) days prior to such expiration date.

4. Additional standard conditions of approval for alcohol related land uses for onsite sates.

   • a. All alcoholic beverages sold in conjunction with an on-site licensed establishment must be consumed entirely on the premises prior to closing time, and no alcoholic beverage shall be sold as take-out.

   • b. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit issued by the City. Furthermore, the proposed uses shall be consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Control.

   • c. The establishment shall comply with the provision of Section 10.170 (Noise Hazards) of this Title.

   • d. In addition to the knowledge and skills deemed necessary for responsible alcoholic beverage services, as set forth in this Chapter, the following additional topics and skills shall be required:

     • (1) Methods to appropriately pace customer drinking to reduce the risk that a customer may leave the premises in an intoxicated manner.

     • (2) Knowledge of mixology, including marketable alternatives to alcoholic beverages.

5. Additional standard conditions of approval for alcohol related land uses for onsite sales in outdoor dining areas.

   • a. Whenever an outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, an employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals.

   • b. All alcoholic beverages served in an outdoor dining area must be served in glass containers.

   • c. All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Planning Commission.

   • d. Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building and Fire Departments.

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6. Additional standard conditions of approval for alcohol-related land uses for offsite sales.

The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises stating that drinking of alcoholic beverages on the premises is prohibited by law. These premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center.

7. Depending upon the complexity of the issue under consideration by the Planning Commission, additional conditions of approval may be added to the above listing of items in order to fully ensure that the proposed issuance of a land use approval for an alcohol-related use is fully compatible with the surrounding neighborhood and that all adverse environmental impacts are mitigated to the fullest extent possible.

11.60

KENNELS (COMMERCIAL AND NONCOMMERCIAL)

1. Intent

This Section is intended to ensure that the operation and maintenance of commercial and noncommercial kennels, as defined in Section 1.190 (Definitions) of this Title, does not create a nuisance or otherwise impair the enjoyment of surrounding properties.

2. Applicability

All kennels, both non-commercial and commercial shall comply with the provisions of this Section and all other standards and permit procedures pursuant to the zone district in which such kennel is located.

3. Performance Standards for Commercial and Noncommercial Kennels

   • a. Animal runs shall meet the following criteria:

     • (1) All animal runs shall be of adequate size for animals held therein.

     • (2) All animal runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.

     • (3) All animal runs and animal holding areas shall have concrete or other durable flooring which is sloped for proper drainage.

     • (4) All animal runs shall have adequate enclosures to provide protection from inclement weather.

     • (5) All animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.

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• b. All kennels shall be served by sewer and/or all excrement produced by said kenneled animals shall be properly disposed of on a regular basis to control flies and odor.

4. The kennel area shall be so located and sound attenuated, if necessary, so that noise levels measured at the property line do not exceed standards set for the adjacent use.

5. No animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within a required setback area.

11.70

EXOTIC ANIMALS

1. The keeping of exotic animals, as defined in Section 1.190 (Definitions) of this Title, shall be permitted only in A, E, and R-1 zone districts, subject to the following regulations.

2. Requirements.

• a. Prior to giving notice in accordance with the provisions of Section 2.140 (Public Hearing and Notification Procedures) of this Title, the reviewing authority shall request that the County Veterinarian submit a statement regarding the particular animal’s mature behavior and personality characteristics. Notice given to adjacent property owners shall include a description of the type of animal and its behavioral characteristics.

  • b. Any action to approve a request for keeping an exotic animal shall not be effective until written evidence is received by the Planning Director that:

    • (1) The applicant has applied for and obtained a permit from the Public Health Department.

    • (2) The applicant has applied for and obtained a permit from the State Department of Fish and Game, if required.

  • c. Conditions

Any action to approve a request for an exotic animal shall include the following conditions in addition to any conditions deemed appropriate by the reviewing authority:

• (1) The keeping of the animal must comply with the provisions of this Title, and any other applicable City Code, including setbacks from property lines and other dwellings.

• (2) The keeping of an animal must comply with all applicable federal and State requirements.

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• (3) No more than two (2) exotic animals over the age of six (6) months may be kept unless a conditional use permit for a menagerie or zoo has been approved.

1. Intent

This Section is intended to reduce the potential safety, aesthetic, and view blocking impacts of antennas and satellite dishes, and to integrate such structures into neighborhoods with the least possible impact.

• Applicability

• a. This Section applies to every antenna and satellite dish installed or modified on or after the effective date of this Title.

• b. Except as otherwise provided for in this Section, no antenna or satellite dish shall be installed or modified prior to approval by the Planning Department, including an antenna or satellite dish proposed as an accessory structure to an existing use for which a conditional use permit was required.

3. Development Standards

   • a. Residential Districts

Every satellite dish installed, modified, and maintained in a residential zone district shall be in accordance with the provisions of this Section.

• (1) Only one per parcel is permitted.

• (2) The diameter of the dish shall not exceed five (5) feet.

• (3) The dish shall not be located in the front yard of the parcel.

• (4) The dish shall comply with all height and setback requirements specified for accessory structures within the applicable district.

• (5) Dishes less than three (3) feet in diameter may be roof mounted, provided that the top of the dish is mounted on the rear of the building, below the peak of the roof line in such a manner as to be screened from view from a public street, and is no greater than twenty-three (23) feet in total height. Dishes with a diameter of three (3) feet or greater shall be groundmounted and shall be no greater than eight (8) feet in height.

• (6) The dish shall be finished in a color to neutralize and blend it with the immediate surroundings.

• (7) The dish shall be screened and landscaped along all sides when visible from the street except the reception window for

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which low-level landscape treatment shall be applied along the dish’s base. Such treatments shall completely enclose the dish.

• (8) The installation shall be so located to prevent obstruction of the dish’s reception window from potential development on adjoining parcels of land.

• (9) A building permit shall be obtained.

• (10) The display of signs or other graphics on a satellite dish is prohibited.

b. Non-Residential Districts

Every satellite dish installed, modified and/or maintained in a nonresidential zone district shall be in accordance with the provisions of this Section.

• (1) Only one dish greater than five (5) feet in diameter per parcel may be permitted.

• (2) The diameter of any dish shall not exceed ten (10) feet.

• (3) Dishes shall comply with all height and setback requirements specified for accessory structures for the applicable zone district.

• (4) Dishes shall be finished in a color to neutralize and blend it with the immediate surroundings.

• (5) The installation shall be located in such a way as to prevent obstruction of the dish’s reception window from potential development on adjoining parcels.

  • (6) Dishes shall not be located in front of the primary structure on the parcel, and shall not be visible from a primary access street.

  • (7) A building permit shall be obtained.

  • (8) The display of signs, lighted displays, or other graphics on a satellite dish is prohibited.

• c.

Standards for Antennas in All Districts

The installation of one (1) antenna which exceeds the maximum height for the district within which the antenna is to be located may be permitted subject to the following limitations, and the approval of a conditional use permit pursuant to Section 2.50 of this Title.

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• (1) Any operation of citizen’s band or other radio transmitting equipment, excluding public service, public safety, or emergency radio services, shall be subject to the provisions of Chapter 12 (Performance Standards) of this Title.

• (2) Microwave, mobile phone antenna, and antenna repeater stations are subject to the provisions of Section 11.85 (Antennas and Wireless Telecommunication Facilities) of this Chapter.

• (3) Antenna for non-commercial use shall not exceed ten (10) feet over the height limit for the district in which it is located, unless such antenna is found by the Planning Commission to be necessary to protect the public health and safety.

11.85

ANTENNAS AND WIRELESS TELECOMMUNICATION FACILITIES

1. Wireless Communication Facilities, hereinafter referred to as “Facilities,” as defined by Section 1.190 (Definitions) of this Title are permitted subject to the following:

   • a. Applications for Facilities: Applications for Facilities are subject to a two-tier review process as provided in this Section. Applications for Facilities are subject to either (i) Project Assistance Team (PAT) approval or (ii) a conditional use permit, hereinafter referred to as (“CUP”), subject to Planning Commission approval. Those development plan applications that meet the design and development guidelines outlined in Tier 1, Section 11.85.1.a(1) of this Chapter will require approval by the PAT. Those applications that do not meet the design and development guidelines outlined in Tier 1, Section 11.85.1.a(1) and do fall within the design and development guidelines outlined in Tier 2, Section 11.85.1.a(2) require a CUP and require review and approval by the Planning Commission at a noticed public hearing.

     • (1) TIER 1 - PAT review: The PAT shall approve Facilities only if it finds as follows:

       • i. Antennae are located in a commercial or industrial zone.

       • ii. Building or roof mounted antennae do not exceed 15 feet in height and are architecturally screened from view.

       • iii. Antennae are in stealth design in connection with a building or structure so as not to be recognized as an antenna.

       • iv. Support equipment is located within a completely enclosed structure or otherwise screened from view.

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     - v. Antennae meet all development standards within the applicable zone as required by this Code. 

     - vi. Antennae will be, if reasonably possible, co-located with an existing site in an industrial or commercial zone. 

  - (2) **TIER 2** - Planning Commission Review: Facilities which cannot be approved by the PAT, in accordance with the Tier 1 criteria, are subject to CUP procedures, as outlined in Section 2.50 of this Title. The following are also subject to a CUP: 

     - i. Ground mounted antennae. 

     - ii. Facilities which do not comply with all development standards within the applicable zone require a variance. The variance r:equest must meet the applicable findings outlined in Section 2.60 of this Title. 

     - iii. Proposed Facilities that create more than a minimal visual impact on surroundings, as determined by the Planning Director. In determining where more than a minimal visual impact exists, the following factors should be considered: location of Facility, size, and view of Facility from adjacent properties, and contrast between the Facility and other external structural equipment attached to the property. 

     - iv. Facilities located adjacent to a residential zone (E, R-1, R-2, R-3), provided that the property has multiple family grouped units and the Facility is: (1) stealth design, (2) building or roof mounted and integrated into the architecture of the building, or (3) co-located. 

     - v. Facilities located within the line of sight of any scenic corridor. 

2. Submittal Requirements: In addition to the submittal requirements as outlined in a development plan and CUP applications, applications for Facilities must contain the following additional information:

   • a. All individuals, companies and providers of Facilities doing business within the City shall process a master plan of all existing and proposed Facilities sites. The Facilities master plan shall be reviewed and approved by the Planning Director in accordance with the written criteria established for such review by the Planning Director.

   • b. The applicant shall supply verification of the proposed Facilities’ compliance with the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) by providing a copy of its FCC License Agreement for review by staff.

   • c. The applicant shall supply verification of compliance with the Federal Aviation Administration (FAA).

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• d. At the time of submittal of a development plan or a CUP application for Facilities, the applicant shall submit information indicating the type of Facilities, its height above ground level, and its cell coverage.

3. Location Guidelines: All applications for Facilities are subject to the following location guidelines:

• a. The preferred order of placement of Facilities is as follows: (i) industrial zones, (ii) agricultural zones, (iii) business park zones, (iv) commercial zones, then (v) community facilities zones.

  • b. Facilities can be approved within a residential zone provided the property is not developed with a single family dwelling unit. Consideration of potential impacts on any adjacent residential property will be evaluated. The location of Facilities will be conditioned on the utilization of stealth design technology and/or building or roof mounted design.

  • c. Facilities should (i) be co-located with another structure, where appropriate (ii) be utilized as stealth designs, (iii) be roof or wall mounted as an integral architectural element on an existing structure, and (iv) utilize state-of-the-art wireless technology.

  • d. The applicant is to investigate the feasibility of co-locating additional antennae on the tops of buildings, on existing monopoles, and/or clustering Facilities. If co-location or clustering is not possible in the case of a particular proposal, the applicant shall submit such evidence at the time of submittal. With the submittal of a CUP application, the applicant is to submit a copy of the appropriate portions of the tentative lease agreement indicating that no exclusive agreements have been made to prevent future carriers to locate on the same site or Facilities, as well as submit a design plan which does not preclude potential additional users.

  • e. Monopoles shall be separated a minimum of 1,000 feet from any existing monopole.

4. Development and Design Guidelines: All applications for Facilities shall be submitted to the Planning Department and shall contain the information required by Section 11.85 of this Chapter. The applicant shall submit plans that will be reviewed for all applicable zoning codes and standards. The following are intended to provide high quality guidelines to ensure compatibility with the community for the placement of Facilities.

   • a. Support structures shall be screened from view by siting them next to tall buildings or structures, or placed near existing tall trees. Where applicable, the support structures are to be screened from public view with dense landscaping.

   • b. Facilities must meet all applicable zoning setback and height regulations of the underlying zone district. All proposed Facilities that

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exceed the maximum height established by the underlying zone district are subject to FAA approval.

• c. Facilities may be designed as or within a piece of public art such as a clock tower or historical monument for public benefit.

• d. The height of the support structures must be the minimum necessary to provide the required coverage. However, an antenna or its support structure shall not exceed the height in any zone as prescribed by the zoning code.

• e. Safety lighting or colors, if prescribed by the City or other approving agency (i.e., FAA), may be required for support structures.

• f. Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment building accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.

• g. Proposed Facilities shall not create any non-conforming situations to the site such as a reduction in parking, landscaping, loading zones, and/or elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the California Building Code, California Electrical Code, Noise Standards and all other applicable code.

• h. The Planning Commission may condition approval of Facilities on a five (5) year term or other review process.

• i. Whip and microwave dish antennae are permitted only if integrated into the design of the structure and/or fully screened from public view.

• j. All utilities associated with Facilities shall be placed underground.

• k. Chain link fencing is not permitted for containment of Facilities, unless such fencing is located in the rear portion of property not visible from a public right-of-way and is installed with tennis screen material on all facades of the fence.

l. Temporary monopoles, if associated with an approved Facilities application, may be permitted, if justified to the satisfaction of the Planning Director, for a period of up to three (3) months, provided that screening is installed to prevent view of the monopole and related facilities from any and all public rights-of-way.

• m.

  • Lattice towers shall not be permitted within the City boundaries.

• n. The operator or property owner is responsible for maintaining the Facilities in an appropriate manner consistent with the original approval of the Facilities. Should the use be replaced or discontinued for a period of six months, the approvals will lapse.

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1. Intent

This Section is intended to establish standards which will mitigate the noise and loitering commonly associated with arcades and video machines. Regulations controlling the specific location and development of these uses are established by this Section.

2. Applicability

Arcades, as defined in Section 1.190 (Definitions) of this Title, shall be permitted only in the General Commercial (GC), Neighborhood Commercial (NC) and Downtown Commercial (DC) zone districts subject to the approval of a conditional use permit in compliance with the provisions of Section 2.50 of this Title. A Conditional use permit shall also be required at such a time as application is made to the City to expand an existing arcade.

3. Minimum Development and Performance Standards

a. Maximum Number of Machines

The number of video machines permitted shall not exceed one machine per each thirty (30) square feet of floor area.

• b. Lighting

The arcade shall be fully and adequately lighted for easy observation of all areas of the premises.

c. Bicycle Racks

Bicycle storage racks shall be maintained off the public sidewalk at the ratio of one-half bicycle space per machine to adequately accommodate bicycles utilized by arcade patrons.

d. Telephones

At least one public telephone shall be provided at each arcade. All telephones shall be located within the building.

• e. Hours of Operation

Hours of operation shall be limited to between 8:00 A.M. and 10:00 P.M., every day of the week.

• f. Adult Supervision

  • (1) An employed adult supervisor shall be able to readily observe all video machines and all areas of business.

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• (2) The adult supervisor shall be present at all times during hours of operation, and, if the number of video machines exceeds forty (40), there shall be two adult supervisors present at all times during hours of operation.

• g.

Noise

No sound created by any arcade, or its patrons, shall be detectable from the exterior of the arcade or from adjacent uses.

• h. Litter

The premises shall be continuously maintained in a safe, clean, and orderly condition.

1. Intent

This Section is intended to ensure that automobile dealerships do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off. The following special conditions shall apply to automobile dealerships.

2. Development Standards

All new dealerships shall comply with the provisions of this Section in addition to the development standards and permit procedures of the zone district in which it is located.

a. Minimum lot Size

The minimum lot size for automobile dealerships shall be twenty thousand (20,000) square feet.

b. Parking

Areas designated for employee and customer parking shall not be used for vehicle storage or display.

c. Landscaping

A minimum five (5) foot landscape strip shall be provided outside the public right-of-way along the street frontage perimeter of all vehicle display areas.

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• d. Washing of Vehicles

All washing, rinsing, or hosing down of vehicles and of the property shall comply with the requirements specified in Section 11.250 (Vehicle Repair Facilities) of this Chapter.

• e.

• Loading and Unloading of Vehicles

Loading and unloading of vehicles shall be conducted in accordance with the following provisions:

• (1) The dealership operator is deemed to be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities, to the extent any such activities violate the provisions of this subsection.

• (2) Off-loading locations shall be established either on site or off site, and shall be subject to the approval of the City Engineer if within the public right-of-way. Loading and unloading activities shall not block the ingress or egress of any adjacent property.

• f.

• Storage of Vehicles to be Repaired

Vehicles brought on site for repair purposes shall not be parked or stored on any public street or alley, and should be parked in required parking spaces, reserved for such purposes.

• g.

Repair of Vehicles

The repair and service facility portion of any automobile dealership shall comply with the provisions of Section 11.250 (Vehicle Repair Facilities) of this Chapter.

h.

Queuing of Vehicles

On-site queuing area or lanes for service customers shall be provided which shall be large enough to accommodate a minimum of one and a half vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

• i. Noise Control

  • (1) Loudspeakers are permitted provided that noise levels are maintained below fifty-five (55) dBA at any boundary.

• (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to reduce noise levels below fifty-five (55) dBA at the property boundary.

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• j. Toxic Waste Storage and Disposal

Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

• k. Air Quality

  • (1) Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmful when dispersed in air.

  • (2) Mechanical ventilating equipment shall direct exhaust away from adjacent residential properties.

  • (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted.

1. Intent

This Section is intended to ensure that automobile rental agencies do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off.

2. Development Standards

   • a. Washing of Vehicles

All washing, rinsing, or hosing down of vehicles and of the property shall comply with the requirements of Section 11.250 (Vehicle Repair Facilities) of this Chapter.

• b. Repair of Vehicles

No vehicle repair work shall occur on the premises unless all repair work and storage of parts is contained entirely within an enclosed building and the rental agency is otherwise permitted and licensed by the State of California to repair motor vehicles.

c. Storage of Vehicles

No vehicles to be displayed, sold, rented, or repaired shall be parked or stored on any street or alley. In addition, no rental cars shall be stored or parked within parking areas intended to comply with the provisions of Chapter 13 (Parking Regulations), of this Title.

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1. Intent

This Section is intended to control the establishment and operation of bed and breakfast uses to ensure that such uses do not adversely affect the surrounding neighborhood.

Applicability

All bed and breakfast uses, as defined herein, shall comply with the provisions of this Section and the zone district in which the use is located.

3. General Regulations

   • a. Bed and breakfast uses may be permitted in all residential and commercial zone districts in which residential (permanent and transient) uses are either permitted or are permitted subject to an approved conditional use permit.

   • b. This use shall be conducted as an accessory use only; the residential structure shall serve as the primary residence of the owner. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where said use is proposed.

     • (1) All bed and breakfast uses shall be subject to:

       • (a) A conditional use permit, as specified in Section 2.50 of this Title.

       • (b) A health permit, as specified in the Kern County Code.

       • (c) A transient occupancy tax (bed tax).

     • (2) Application for a permit shall be made by the resident property owner or his/her legal agent having power of attorney to make such application.

4. Development Standards

   • a. Structural Features

     • (1) All dwelling units proposed for a bed and breakfast use shall comply with standards and specifications of the California Building Code, and shall also be subject to the Room Occupancy Standard outlined in the State Housing law (as amended).

     • (2) Each guest room shall be equipped with a fire extinguisher and a smoke detector conforming to Calfornia Building Code Standards. An exit/egress and an emergency evacuation map shall be displayed in a prominent location in each guest room.

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• b. Accesses and driveways. The owner shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants’ use at all time.

• c.

Design Standards

• (1) Alterations and modifications may be made to the structures and the site but such alterations shall be compatible with the character of the neighborhood. Such alterations and modifications shall also comply with all applicable City provisions, requirements and standards and ordinances.

• (2) Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where such parking is located within a front yard setback.

• (3) Any lights used to illuminate the site shall be designed and placed to reflect away from adjoining properties and public thoroughfares.

• (4) A non-illuminated identification sign, not to exceed six (6) square feet in area is permitted. If not attached to the residence, such sign shall not exceed six (6) feet in height and must blend with the architectural style of the structure and the neighborhood.

• d. Kitchen Facilities

  • (1) There shall be no cooking facilities permitted in guest rooms.

  • (2) The sale of food or other materials in residential districts is limited to guests who are currently occupying the premises where the use is located and not to the general public.

• e. Miscellaneous Standards

  • (1) The land use shall not involve the use of commercial vehicles for delivery of materials to or from the premises except for those commercial vehicles normally associated with residential use deliveries.

  • (2) There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

  • (3) The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, lighting, signs, or the emission of sounds, noises and vibrations.

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• (4) The use of utilities and community facilities shall be limited to that normally associated with the use of a property for residential purposes.

• f.

Penalty for Noncompliance

The Planning Commission may void any conditional use permit for a bed and breakfast use for noncompliance with the conditions set forth in the approving permit. Notice of such a pending action shall be given to the permittee prior to any action being taken.

g.

Findings

Prior to acting upon an application for a conditional use permit for a bed and breakfast use, the Planning Commission shall find that all the following are true:

• (1) That the site upon which the bed and breakfast use is to be established, shall conform to all standards of the zone district in which it is located, that the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, building coverage, setbacks, parking areas and other applicable requirements of this Title are met.

• (2) That the residential character of the neighborhood in which the use is located is maintained and preserved and that the issuance of the permit shall not be significantly detrimental to the public health, safety and welfare or injurious to the vicinity and district in which the use is located.

1. Intent

This Section is intended to ensure that day care facilities, as defined in Section 1.190 of this Title, which provide child care in residential districts do not adversely impact the adjacent neighborhood. While family day care facilities are needed by City residents in close proximity to their homes, care must be taken to prevent the potentially adverse traffic conditions, noise, and safety impacts this land use could have on the community. It is further the intent of this Section to allow day care operations in residential surroundings to give children a home environment which is conducive to healthy and safe development.

2. Performance Standards for Small Day Care Facilities

   • a. General Requirements

A small family day care facility shall conform to all property development standards and permit procedures of the zone district in which it is located in addition to the provisions of this Section and any

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requirements governed by California Health and Safety Code Section 1597.46.

b. Outdoor Play Area

An outdoor play area shall be provided which complies with the provisions of the California Health and Safety Code governing child day care homes. Stationary play equipment shall not be located in required front or side yard setbacks.

c.

Fences and Walls

When located within or adjacent to a non-residential district, a six (6) foot high solid fence or wall shall be constructed on all such property lines, except within the front yard area where the fence or wall shall not exceed forty (40) inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for child safety with controlled points of entry.

d. Landscaping

On-site landscaping shall be maintained in good physical condition.

e. On-Site Parking

On-site parking for home-based day care facilities located within residential zone districts shall require no more than two on-site spaces.

f. Passenger Loading

A passenger loading/unloading plan shall be reviewed and approved by the City Engineer.

g. Lighting

All lighting shall comply with the provisions of Section 12.80 (Light & Glare) of this Title, except that when located within a residential district, lighting shall be directed away from adjacent properties and public right-of-way, except for passenger loading areas.

h. Hours of Operation

For the purposes of noise abatement, day care facilities in residential districts may only operate between the hours of 6:00 A.M. and 7:00 P.M., seven days a week.

i. Outdoor Activity

For the purposes of noise abatement, outdoor activities for day care facilities in residential districts may only be conducted between the hours of 8:00 A.M. to 7:00 P.M.

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• j. State and Other Licensing Requirements

All day care facilities shall be State licensed and shall be operated according to all applicable State and City regulations.

3. Performance Standards for Large Family Day Care Facilities

Applicants for a large family day care facility (7 to 12 children) shall be required to submit an application to the Planning Department for a large family day care facility. This application, which may be obtained at the office of the Planning Department, requires the applicant’s signature to acknowledge that the following conditions shall be adhered to if the permit to operate is to remain valid.

• a. The facility is a single family dwelling and is the principal residence of the provider. This use as a family day care home is clearly incidental and secondary to the use of the property for residential purposes.

• b. No structural changes or signage is proposed which will alter the character of the single family residence.

• c. In addition to the required off-street parking for the residence, a minimum of one (1) off-street parking space per employee is required. The residential driveway is acceptable as such a parking space if said parking space will not conflict with any required child drop-off/pick-up area and does not block the public sidewalk or any portion of the City right-of-way.

• d. The operation of the large day care facility shall comply with noise standards contained in the Noise Element of the General Plan and with Section 10.170 (Noise Hazards) of this Title.

• e. Any residence located on an arterial street must provide a dropoff/pick-up area designed to prevent vehicles from backing onto an arterial roadway. Curb-side drop-off/pick-up is acceptable if a curbside parking lane exists adjacent to the property. If existing curbside parking (drop-off/pick-up) is converted to a travel lane, this permit shall be terminated unless an adequate drop-off/pick-up area can be provided elsewhere to the satisfaction of the City Engineer.

• f. The provider shall comply with all applicable Building Code and Fire Code regulations regarding health and safety requirements. Provider shall, prior to operating the facility, apply for and receive a Change of Occupancy Permit from the Building Official.

• g. The provider has secured a large family day care facility (home) license from the State of California, Department of Social Services.

• h. The facility shall be operated in a manner which will not adversely affect adjoining residences or be detrimental to the character of the residential neighborhood in which it is located.

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• i. In addition to the provisions of this Section (11.130.3.), all provisions of Section 11.130.2. of this Chapter, not in conflict with this Section, shall apply.

1. A detached dependent housing unit, as defined in Section 1.190 (Definitions) of this Title, may be temporarily permitted in any single family residential zone district subject to an approved conditional use permit as an accessory use to any permitted single-family residential primary land use; provided, however, that there is only one primary residential land use occupying the site.

Requirements

• a. The permittee shall occupy at least one of the dwelling units on the premises.

• b. Applications for a permit shall be made by a resident owner of the subject property, or his legal agent having power of attorney to make such application, on which the dependent housing unit is to be located.

• c. The applicant must obtain a temporary occupancy permit, pursuant to Section 2.90 of this Title.

• d. Each year, prior to the anniversary of the approval, the applicant shall submit a letter from an attending physician stating that a medically related reason still exists for the dependent housing unit. If no such letter is submitted, or if no reason still exists for the medical hardship, the temporary structure, and all appurtenances to it, shall be completely removed from the premises.

• e. The permittee shall submit written notification to the Planning Department of any proposed change of residency in the temporary dependent housing unit.

• Findings.

Prior to acting upon an application for a conditional use permit for a temporary dependent housing unit, the Planning Commission shall find that all of the following are true:

• a. That the site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas and other requirements of this Title are met.

• b. The proposed temporary dependent housing unit is clearly subordinate in size, location and appearance to the principal unit.

• c. Issuance of the permit shall not be significantly detrimental to the public health, safety or welfare or injurious to property or improvements in the general vicinity in which the land use is located.

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d. The temporary dependent housing unit shall be erected, constructed or installed so as to allow for its feasible removal.

• e. The appearance of the temporary dependent housing unit and the method of siting are compatible with the surrounding environment.

4.

Conditions.

• a. Permitted Structural Types.

Units constructed to meet the standards of the National Mobilehome Construction and Safety Standards Act of 1974 (Section 18551 of the California Health and Safety Code).

b. Floor Area

The floor area of the dependent (temporary unit) shall not exceed fifty (50) percent of the floor area of the existing principal dwelling unit; however, in no case may the temporary dependent unit exceed eight hundred and fifty (850) square feet in floor area.

c.

Design Standards.

The appearance of any temporary dependent housing unit erected, constructed or set down in accordance with the provisions of this Section shall be similar to and compatible with the appearance of the principal residence on the property.

d.

Parking

Parking for the temporary dependent housing unit shall be in accordance with the applicable requirements of this Title, unless the resident(s) of the temporary dependent housing unit are incapable of operating a motor vehicle.

e.

Location and Occupancy

The temporary dependent housing unit shall not extend beyond the principal residence where such principal residence faces a street rightof-way. The existing principal residence on the property shall be occupied by the owner of the property.

f.

Lot Area

A temporary dependent housing unit shall not be permitted on any parcel which does not meet the minimum area requirements of the zone district in which it is located.

g.

Development Standards.

The dependent unit shall comply with the development standards for the zone district in which it is to be located.

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• h. Removal of Unit

As a condition of permit approval, the permittee shall enter into an agreement with the City, placing responsibility upon the permittee to comply with the provisions of this Section, describing the method of removal of the temporary dependent housing unit when the permit is no longer valid, and acknowledging that the permittee shall bear the cost of removal of such unit.

1. Intent

This Section is intended to ensure that drive-in, drive-through, fast food, and take-out restaurants do not create adverse impacts on adjacent properties and residents or on surrounding neighborhoods due to customer and employee parking demand, traffic generation, noise, light, litter.

2. Applicability

   • a. The provisions of this Section shall apply to all new drive-in, drivethrough, fast food, and take-out restaurants and to the expansion of twenty (20) percent or more of the gross floor area or an increase in the number of seats in any existing restaurant that results in a drive-in or drive-through facility.

   • b. Floor area added for the purpose of compliance with state or local health laws or access requirements of the disabled shall not be included in floor area calculations of purposes of determining applicability of this Section.

3. Development Standards

   • a. Hours of Operation

When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-in, drive-through, fast food, or take-out restaurant shall not open prior to 6:00 A.M., nor remain open after 12:00 midnight, unless otherwise approved by the Planning Commission.

• b. Driveways

  • (1) Drive-in and drive-through restaurants shall have driveways which shall provide for both ingress and egress, in all instances, and these driveways shall provide stacking space adequate for a minimum of six (6) vehicles waiting for service.

  • (2) Each drive-through lane shall be separated from the area of vehicle circulation necessary for ingress and egress to any

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parking space. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.

c. Parking

A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the City Engineer.

d. Refuse Storage Area

On-site outdoor trash receptacle shall be provided at a rate of one (1) trash receptacle for every ten (10) required parking spaces. One outdoor trash receptacle shall be provided on-site adjacent to each driveway exit or as otherwise approved by the Planning Director.

1. Location

A fireworks stand may be permitted in Commercial, Business Park, and Industrial zone districts and on property developed with church facilities, regardless of the zone district in which said church facilities are located, provided the location of the fireworks stand complies with the setback requirements of Section 11.160.2. below.

2. Setback Requirements

No fireworks stand may be established on any property, as provided in Section 11.160.1. above, unless the location of the fireworks stand complies with the following setback requirements:

• a. Three (3) feet from any property line.

• b. Thirty (30) feet from any other building or structure.

• c. Ten (10) feet from any driveway, alley, or roadway.

• d. Twenty-five (25) feet from a watchman’s accommodations or quarters.

• e. Twenty-five (25) feet from a generator

• f. One hundred (100) feet from storage of flammable or combustible liquids, fuel dispenser(s), or repair garage(s)/facility(s).

• g. Six hundred (600) feet from any other fireworks stand.

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3. All fireworks stands shall comply with the requirements of the California Code and all other applicable codes, ordinances and regulations.

1. Home occupations are intended to provide for commercial uses associated with a residence in those cases where that use will clearly not alter the character or the appearance of the residential environment. Home occupations, as defined in Chapter 1 of this Title, shall be permitted in any residential district, subject to the process required within the district and the following regulations of this Section.

2. Conditions

Prior to approving a request for a home occupation, the applicant shall complete and submit a home occupation application to the Planning Department. The Planning Director shall find that the proposed use meets the following conditions prior to approval of any such Home Occupation Permit.

• a. All employees shall be members of the resident family and shall reside on the premises.

• b. There will be no direct sales of products or merchandise.

• c. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.

• d. The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

• e. Up to twenty-five (25) percent of the living space or two hundred fifty (250) square feet, whichever is greater, of the home may be used for storage of materials and supplies related to the home occupation.

• f. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

• g. The home occupation shall be confined within the main building. A garage shall be considered as part of the main building.

• h. The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations, dust, electrical interference, fire hazard, glare or any other hazard or nuisance to any greater extent than normally found in a residential area.

• i. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

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3. The reviewing authority, pursuant to Section 2.190 (Revocation of Permits) of this Title, may void any permit for a Home Occupation for noncompliance with the conditions set forth in the approving permit. Notice shall be given to the permittee prior to any such action taking place.

11.180

OUTDOOR RECREATIONAL FACILITIES (PUBLIC)

1. Intent

This Section is intended to ensure that outdoor recreational facilities, which are open to the public within or adjacent to a residential district, do not adversely impact adjacent residential parcels and are utilized in a manner which protects the integrity of the district, while allowing for the enjoyment of a healthful, recreational activity.

2. Applicability

The provisions of this Section shall apply to all recreational facilities which are owned by a public agency or are open to the public. This includes but is not limited to: golf courses, driving ranges, swimming pools, tennis courts, ball fields, and other similar facilities.

3. Development Standards

   • a. Outdoor recreational facilities, covered by this Section, shall conform to all applicable property development standards for the district in which the facilities are located except as provided below.

     • (1) When necessary to contain play within the recreational facilities, chain link fences up to twelve (12) feet in height, measured from the adjacent grade, may be permitted, provided that such fences are not located within the front or side yard setback areas.

     • (2) Fences greater than twelve (12) feet in height, as measured from adjacent grade, may be permitted provided such fence is not located in the front or side yard setback, when a finding is made by the Project Assistance Team that such a fence height is necessary to protect adjacent residential streets, homes or property from possible damage resulting from use of the recreational facility. This provision shall only be applicable in the case of golf courses, driving ranges, and/or baseball/softball playing fields.

   • b. Landscaping and screening shall be provided on all boundaries of the parcel which abut public rights-of-way, a residential zone district, or residential land use.

   • c. Lighting may be permitted provided that such lighting shall not be used after 10 p.m. Sunday through Thursday or after 11 p.m. on Friday or Saturday.

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1. Intent

This Section is intended to provide the community with regulations controlling the siting of recycling, redemption and processing facilities, and to ensure that recycling facilities do not create adverse impacts on the surrounding community.

2. Applicability

   • a. The provisions of this Section shall apply to the following use types, as defined in this Section and Section 1.190 (Definitions) of this Title.

     • (1) Reverse Vending Machines

     • (2) Small Recycling Facilities

     • (3) Recycling and Reprocessing Facilities

   • b. Such use types shall comply with the provisions of this Section in addition to applicable standards and permit procedures of the zone district in which the use type is located.

3. Development Standards

Reverse Vending Machines shall comply with the following standards:

• a. Shall be established in conjunction with a commercial use or public facility which is in compliance with this Title and the building and fire codes of the City;

• b. Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

• c. Shall not occupy required parking spaces;

• d. Shall occupy no more than fifty (50) square feet of floor area per installation, including any protective enclosure, and shall be no more than eight (8) feet in height;

• e. Shall be constructed and maintained with durable, waterproof, and rustproof material;

• f. 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 for repair and ownership;

• g. Shall have a maximum sign area of four (4) square feet per machine, exclusive of operating instructions;

• h. Shall be maintained in a clean, litter-free condition on a daily basis;

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• i. Shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn; and

• j. All machines shall be clean and not dented, bent or otherwise disfigured.

4. Small Collection Facilities

   • a. Development Standards

Small Collection Facilities shall comply with the following standards:

• (1) Shall be established in conjunction with an existing commercial use or public facility which is in compliance with this Title and the building and fire code of the City;

• (2) Shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary land use unless all of the following conditions exist:

  • (a) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

• (b) A parking study shows that existing parking capacity is not fully utilized during the time the recycling facility will be on the site;

  • (c) The approval will be reconsidered at the end of eighteen (18) months;

  • (d) A reduction in available parking spaces in an established parking facility may then be allowed as follows:

• (3) Shall be set back at least ten (10) feet from any property line and shall not obstruct pedestrian or vehicular circulation;

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• (4) Shall accept only glass, metals, plastic containers, papers, and reusable items;

• (5) Shall use no power-driven processing equipment, except for Reverse Vending Machines;

• (6) Shall use containers that are:

  • (a) constructed and maintained with durable waterproof and rustproof material;

  • (b) covered when site is not attended and secured from unauthorized entry or removal of material; and

  • (c) of a capacity sufficient to accommodate materials collected in accord with a collection schedule;

• (7) Shall store all recyclable material in containers or in a mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

• (8) Shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which a truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

• (9) Shall not exceed noise levels of fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dBA;

• (10) Shall operate only during the hours between 9:00 a.m. and 7:00 p.m. when located within one hundred (100) feet of a property zoned or occupied for residential use;

• (11) Shall locate containers for the twenty-four (24) hour donation of materials at least one hundred (100) feet from any property zoned or occupied by residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. All containers shall be painted and shall not be dented, bent or otherwise disfigured; and

• (12) Shall utilize clearly marked containers which identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, shall display a notice stating that no material shall be left outside the recycling enclosure or containers.

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• b. Signs may be provided as follows:

  • (1) Small collection facilities may have a maximum of four (4) identification signs each a maximum of twenty (20) percent per side of the facility or sixteen (16) square feet, whichever is larger. In the case of a wheeled facility, the side shall be measured from the pavement to the top of the container;

• (2) Directional signs, bearing no advertising message, may be installed to facilitate traffic circulation and/or if the facility is not visible from a public right-of-way; and

  - (3) Authorization by the Planning Director to increase the number and size of signs upon finding that such an increase is compatible with adjacent businesses. 
  

  • c. The facility shall not reduce the landscaping areas which may be required by this Title for any concurrent use or under any permit or approval.

  • d. Parking

    • (1) No additional parking spaces will be required for customers of a Small Collection Facility located in the established parking lot of a commercial use.

    • (2) Mobile Recycling Units shall have an area clearly marked in the parking lot of the commercial use to prohibit other vehicular parking during hours when the Mobile Unit is scheduled to be present or operating.

5. Large Collection Facility

A large collection facility is one which occupies more than five hundred (500) square feet in area or is located on a separate parcel, not associated with an existing commercial use, and may have a permanent structure.

• a. Development Standards

Large collection facilities shall comply with the provisions of this Section in addition to the provisions of the zone district in which it is located.

• (1) Facility shall be located an appropriate distance, as determined by the Planning Commission, from the property line of any lot zoned or planned for residential use; and

• (2) Facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by an opaque fence at least six (6) feet in height with landscaping and shall meet all applicable noise standards in this Title.

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• (3) Setbacks and landscape requirements shall be those provided for the zone district in which the facility is located;

• (4) Storage

  • (a) All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition.

  • (b) Storage containers for flammable material shall be constructed of non-flammable material.

  • (c) No storage excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

• (5) The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

• (6) Space shall be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Director determines that allowing overflow traffic above six (6) vehicles is compatible with the surrounding land uses.

• (a) One (1) parking space shall be provided for each commercial vehicle operated by the recycling facility. Parking requirements shall be as provided for in the zone district in which the facility is located, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;

  • (b) Noise levels shall not exceed sixty-five (65) dBA as measured at the property line of residentially zone property, and shall not exceed seventy (70) dBA at any point on the property;

  • (c) If the facility is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

  • (d) Any containers or enclosures provided for after-hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned, planned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to

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  - accommodate materials collected, and shall be secured from unauthorized entry or removal of materials; 

• (e) Donation areas shall be kept free of litter and any other undesirable material and the containers shall be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers:

• (f) The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the zone district. Directional signs may be installed with the approval of the Planning Director, if necessary to facilitate traffic circulation or if the facility is not visible from a public right-of-way;

• (g) Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved at the discretion of the Planning Director if noise and other requirements are met.

6. Processing Facilities

Development Standards

Processing facilities, both “Light” and “Heavy” as defined in Section 1.190 (Definitions) of this Title, when permitted, shall comply with the provisions of this Section in addition to the applicable provisions of the zone district in which the facility is located.

• a. The processing facility shall be located a minimum distance, to be determined by the Planning Commission, from property planned, zoned or occupied for residential use. All operations shall take place within a fully enclosed building or within an area enclosed by a solid wood or masonry fence at least six (6) feet in height.

• b. Setbacks from property lines shall be those provided for the zoning district in which the facility is located, but, if the set back is less than twenty-five (25) feet, the facility shall be buffered by a landscape strip at least ten (10) feet wide along each property line;

• c. When located within five hundred (500) feet of property planned, zoned or occupied for residential use, hours of operation shall not be between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open;

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• d. Noise levels shall not exceed sixty-five (65) dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed seventy (70) dBA at any point;

• e. Sign criteria shall be those specified in Chapter 14 (Sign Regulations) of this Title. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and hours of operation;

• f. Any containers or enclosures provided for after hours donation of recyclable materials shall be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secured from unauthorized entry or removal of materials;

• g. The facility shall be administered by on-site personnel during hours of operation;

• h. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;

• i. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties;

• j. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting or source-separating recyclable materials, and repairing of reusable materials;

• k. A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

• l. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

• m. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage shall be in containers approved by the County Director of Environmental Health Services; no storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

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• n. Site shall be maintained free of litter and any other undesirable materials, shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present;

• o. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten (10) customers except where the Planning Director determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety;

• p. One (1) parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by the zone district in which the facility is located.

7. Site Cleanup Required

The operator of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon failure to remove said materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such cleanup work done by the City.

1. Purpose

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

2. Effect of Conforming

An ADU or JADU that conforms to the standards in this section will not be (1) deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located; (2) deemed to exceed the allowable density for the lot on which the ADU or JADU is located; (3) considered in the application of any local ordinance, policy, or program to limit residential growth; and (4) required to correct a nonconforming zoning condition, defined as a physical improvement on a property that does not conform with current zoning standards, but this does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

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3. Approvals

The following approvals apply to ADUs and JADUs.

• a. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 4 below, it is allowed with only a building permit in the following scenarios:

  • (1) Converted on Single-family Lot: One ADU as described in this subsection 3a(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

    • (a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing singlefamily dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

    • (b) Has exterior access that is independent of that for the single-family dwelling; and

    • (c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

    • (d) The JADU complies with the requirements of Government Code Sections 66333 through 66339.

  • (2) Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing singlefamily dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 3a(1) above), if the detached ADU satisfies each of the following limitations:

    • (a) The side- and rear-yard setbacks are at least four feet.

    • (b) The total floor area is 800 square feet or smaller.

(c) The peak height above grade does not exceed the applicable height limit in subsection 4b below.

• (3) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 3a(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

• (4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following.

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  - (a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. 

  - (b) The peak height above grade does not exceed the applicable height limit provided in subsection 4b below. 

  - (c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. 

• b. ADU Permit

  • (1) Except as allowed under subsection 3a above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 4 and 5 below.

  • (2) The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution.

• c.

• Process and Timing

• (1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

• (2) The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

  • (a) The applicant requests a delay, in which case the 60day time period is tolled for the period of the requested delay, or

  • (b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

tted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

• (3) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding

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comments must be provided to the applicant within the 60-day time period established by subsection 3c(2) above.

  - (4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. 

4. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections 3a or 3b above:

   • a. Zoning

     • (1) An ADU or JADU subject only to a building permit under subsection 3a above may be created on a lot in a residential or mixed-use zone.

     • (2) An ADU or JADU subject to an ADU permit under subsection 3b above may be created on a lot that is zoned to allow singlefamily dwelling residential use or multifamily dwelling residential use.

     • (3) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

   • b. Height

     • (1) Except as otherwise provided by subsections 4b(2) and 4b(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

(2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

• (3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

• (4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 4b(4) may not exceed two stories.

• (5) For purposes of this subsection 4b, height is measured above existing legal grade to the peak of the structure.

• c. Fire Sprinklers

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• (1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

• (2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

• d. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

• e. No Separate Conveyance. An ADU or JADU may be rented, but except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

f. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

• g.

  • Owner Occupancy

  • (1) An ADU that is permitted on or after January 1, 2020 is not subject to any owner-occupancy requirement.

  • (2) As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection 4g(2) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

• h. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

  • (1) Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

  • (2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

  • (3) The deed restriction runs with the land and may be enforced against future property owners.

  • (4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director

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may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

• (5) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

• i. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:

  • (1) With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

  • (2) Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

• j. Building and Safety

  • (1) Must comply with building code. Subject to subsection 4j(2) below, all ADUs and JADUs must comply with all local building code requirements.

  • (2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 4j(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was

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subsequently converted for residential use in accordance with this section.

5. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection 3b above.

   • a. Maximum Size

     • (1) The maximum size of a detached or attached ADU subject to this subsection 5 is 850 square feet for a studio or onebedroom unit and 1,000 square feet for a unit with two or more bedrooms.

• (2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

  - (3) Application of other development standards in this subsection 5, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 5a(2) above or of a FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet. 
  

  • b. Floor Area Ratio (FAR). No ADU subject to this subsection 5 may cause the total FAR of the lot to exceed 45 percent, subject to subsection 5a(3) above.

  • c. Setbacks

    • (1) An ADU that is subject to this subsection 5 must conform to a 25-foot front-yard setback, subject to subsection 5a(3) above.

    • (2) An ADU that is subject to this subsection 5 must conform to 4- foot side- and rear-yard setbacks.

    • (3) No setback is required for an ADU that is subject to this subsection 5 if the ADU is constructed in the same location and to the same dimensions as an existing structure.

  • d. Lot Coverage. No ADU subject to this subsection 5 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection 5a(3) above.

  • e. Minimum Open Space. No ADU subject to this subsection 5 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection 5a(3) above.

  • f. Passageway. No passageway, defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU, is required for an ADU.

  • g. Parking

    • (1) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, defined as two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.

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• (2) Exceptions. No parking under subsection 5g(1) is required in the following situations:

  • (a) The ADU is located within one-half mile walking distance of public transit, defined as a location including, but not linted to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

  • (b) The ADU is located within an architecturally and historically significant historic district.

  • (c) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 3a(1) above.

  • (d) When on-street parking permits are required but not offered to the occupant of the ADU.

  • (e) When there is an established car share vehicle stop located within one block of the ADU.

• (f) When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 5g(2)(a) through (f) above.

  • (3) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

• h. Architectural Requirements

  • (1) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

  • (2) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

  • (3) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

  • (4) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

  • (5) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

  • (6) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or

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screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

  - (7) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. 

• i. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

  • (1) At least one 15-gallon size plant shall be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior ADU wall.

  • (2) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.

  • (3) All landscaping must be drought-tolerant.

  • (4) All landscaping must be from the city’s approved plant list.

• j. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

• k. Allowed Stories. No ADU subject to this subsection 5 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 4b(4) of this section.

6. Fees. The following requirements apply to all ADUs that are approved under subsections 3a or 3b above.

• a. Impact Fees

  - (1) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 6a, “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. 
  
  - (2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) 
  

  • b. Utility Fees

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  - (1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. 

  - (2) Except as described in subsection 6b(1), converted ADUs on a single-family lot that are created under subsection 3a(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. 

  - (3) Except as described in subsection 6b(1), all ADUs that are not covered by subsection 6b(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. 

     - (a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. 

     - (b) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service. 

7. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures

   • a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

   • b. Unpermitted ADUs and JADUs constructed before 2020.

     • (1) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

       • (a) The ADU violates applicable building standards, or

       • (b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 11.200).

     • (2) Exceptions

• (a) Notwithstanding subsection 7b(1) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards

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specified in California Health and Safety Code section 17920.3.

(b) Subsection 7b(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

8. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective design or development standards set forth in subsections 1 through 7 of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

1. Intent

This Section is intended to ensure that self-storage warehouse operations, commonly known as “mini-warehouses,” do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, or visual blight. The special conditions contained in this Section are intended to differentiate self-service storage warehousing uses from more intensive wholesale or general warehousing uses, especially regarding the differing parking requirements for these uses.

2. Applicability

The provisions of this Section shall apply to all new self-storage warehouse uses, and to all existing facilities at such a time the storage area of an existing business is substantially expanded or modified, as defined in this Title.

3. Development Standards

   • a. Access and Parking

     • (1) Driveways adjacent to parking lanes shall be twelve (12) feet in width for one-way traffic and twenty-four (24) feet in width for two-way traffic.

     • (2) Access and circulation shall be designed to eliminate the need to back out of any drive or access.

     • (3) One parking space shall be provided for each two hundred (200) square feet of floor area within the office and/or caretakers quarters provided, however, a minimum of four (4) parking spaces shall be provided.

     • (4) The parking standards specified in this Section for this use shall be applicable to this use only.

   • b. Outside Storage

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No storage of materials outside an enclosed building may be permitted unless expressly designed for such purpose and approved as a part of the conditional use permit for the site.

1. Intent

This Section is intended to ensure that service stations do not result in adverse impacts on adjacent land uses, especially residential uses. The traffic, glare, and uses associated with service stations, particularly those which are open twenty-four (24) hours a day, may be incompatible with adjacent land uses. To protect the health, safety, and general welfare of the City and its residents, these special regulations shall be imposed on the development and operations of service stations.

2. Applicability

A service station shall comply with the provisions of this Section in addition to the property development standards and the permit procedures for the zone district in which it is to be located. The provisions of this Section and this Title, as applicable, shall apply to all new service stations and to all existing service stations at such a time as those existing stations may come before the City for an expansion of twenty-five (25) percent or greater in floor area, a remodeling, or any other development that would cost more than fifty (50) percent of the value of the improvements on the parcel at the time of remodeling, excluding land value.

3. Minimum Development Standards

a. Minimum Street Frontage

Each parcel shall have a minimum street frontage of one hundred (100) feet on at least one abutting street.

b. Setbacks

No building or structure, except canopies as provided below, shall be located within thirty (30) feet of any right-of-way line, or within twenty (20) feet of any interior parcel line.

c. Gasoline Pumps

Gasoline pumps shall be located no closer than twenty (20) feet from any property line.

• d. Canopies

Canopies shall be located no closer than ten (10) feet from any property line.

• e. Walls

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Service stations shall be separated from adjacent property which is zoned or used for residential purposes, by a decorative masonry wall of not less than six (6) feet in height, as approved by the Planning Commission. Materials, textures, colors, and design of all walls shall be compatible with on-site development and adjacent properties. No wall higher than forty (40) inches in height shall be constructed within five (5) feet of a driveway entrance or vehicle access way which opens onto a street or alley. The wall shall be constructed to ensure a clear cross view of pedestrians on the sidewalk, alley, or elsewhere by motorists entering or exiting the parcel.

f.

Paving

The site shall be entirely paved, except for buildings and landscaping.

• g.

Landscaping

The service station site shall be landscaped pursuant to the following standards:

• (1) A minimum of fifteen (15) percent of the site shall be landscaped, which may include a planting strip at least five (5) feet wide along all interior parcel lines, non-driveway street frontages, and areas adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than three (3) feet above the average adjacent grade.

  • (2) A minimum of one hundred and fifty (150) square foot landscaped area shall be provided at the intersection of two (2) property lines at a street corner.

• h.

Access and Circulation

No more than one (1) driveway with a maximum width of thirty-five (35) feet shall be permitted on any one (1) street frontage and shall be located as follows:

• (1) Driveways shall be located no closer than fifty (50) feet from a street intersection and fifteen (15) feet from a residential property line or alley and shall not interfere with the movement and safety of vehicular and pedestrian traffic. Locations of all driveways shall be subject to the approval of the City Engineer.

• (2) All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty (50) feet of a residentially

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zoned property, and shall be oriented, when practical, away from public rights-of-way.

i.

Air and Water

Each service station shall provide air and water to customers at a convenient location during hours when gasoline is dispensed.

j.

Restrooms

Each service station shall provide a men’s and women’s public restroom that is accessible to the general public, including physically disabled persons, during all hours the service station is open to the public. Restrooms shall be identified by placing entrances or signage in a location that is clearly visible from the gasoline service area or cashier station, and shall be maintained on a regular basis.

k.

Telephones

At least one public telephone may be provided at each service station in a location that is easily visible from public rights-of-way.

l.

Vending Machines

Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in service stations, such as refreshments and maps.

m.

Location of Activities

All repair and service activities and operations shall be conducted entirely within an enclosed service building, except as follows:

• (1) The dispensing of petroleum products, water, and air from pump islands.

• (2) Replacement service activities such as wiper blades, fuses, radiator caps, and lamps.

• (3) The sale of items from vending machines placed next to the main building in a designated area not to exceed thirty two (32) square feet.

• (4) The display of merchandise offered for customer convenience on each pump island, provided that the aggregate display area on each island shall not exceed twelve (12) square feet and that the products shall be enclosed in a specially designed case.

• (5) Motor vehicle products displayed along and within three (3) feet of the front of the building. Such display areas shall be

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limited to five (5) feet in height and not more than ten (10) feet in length.

• n.

Refuse Storage and Disposal

Trash areas shall be provided and screened on at least three sides from public view by a solid decorative wall not less than five (5) feet in height. Permanent opaque panel gates shall be installed on all openings to the trash area.

• (1) All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

• (2) Refuse bins shall be provided and placed in a location convenient for customers.

• (3) Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be stored outside the main building.

• o.

Equipment Rental

Rental of equipment such as trailers and trucks may be permitted, provided that:

• (1) The rental equipment does not occupy or reduce the availability of the required parking for the automobile service station.

• (2) The rental equipment storage location does not interfere with access and circulation on and around the site.

• (3) The rental of the equipment is incidental and secondary to the main activity on the site.

• p.

• Operation of Facilities

• (1) The service station shall at all times be operated in a manner which is not detrimental to surrounding properties or residents. Site design and activities shall be conducted to avoid and minimize:

  • (a) Damage or nuisances from noise, smoke, odor, dust, or vibration.

  • (b) Hazards from explosion, contamination, or fire.

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• (2) Service station hours of operation shall be as conditioned in the approved conditional use permit.

• q. Security Plan

A security plan shall be developed by the applicant and approved by the Police Department prior to issuance of a building permit.

4. Abandoned or Converted Service Stations

   • a. Where service stations become vacant or cease operation for more than one-hundred eighty (180) days, the owner shall be required to remove all underground storage tanks (in a manner acceptable to all applicable permitting/regulatory agencies), remove all gasoline pumps and pump islands, and remove all free-standing canopies.

• b. To confirm that a use has not been abandoned, the owner shall provide evidence to the Planning Director with written verification prior to the 180th day that an allocation of gas has been received and operation of the station will commence within thirty (30) days of the date of written correspondence.

  • c. Resumption of service station operations after the one hundred eighty (180) days, specified above, may be permitted upon review and approval by the Project Assistance Team. Such a review may result in conditions of approval which may include but not be limited to the following:

    • (1) Replanting existing landscape areas:

    • (2) Installing new landscape areas;

    • (3) Painting of structures;

    • (4) Upgrading or installing trash enclosures;

    • (5) Striping parking spaces;

    • (6) Installation of signs in conformance with adopted sign provisions in Chapter 14 of this Title;

    • (7) Resurfacing vehicle access and parking areas; and

    • (8) Installation of missing street improvements.

5. Converted Service Stations

The conversion of service station structures and sites to another use may require upgrading and remodeling including, but not limited to removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, missing street

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improvements or modification of existing improvements to conform to access regulations, and exterior remodeling.

1. Intent

This Section is intended to regulate the establishment and operation of sidewalk cafes which can enhance the pedestrian ambiance of the City, and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods.

2. Applicability

A sidewalk cafe shall comply with the provisions of this Section in addition to the property development standards and permit procedures for the zone district in which it is located.

3. Minimum Development Requirements

• a. Accessory Use

A sidewalk cafe shall be conducted as an accessory use to a legally established restaurant or other eating and drinking establishment.

b. Enclosure

Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area without written approval from the Director of Public Works. Awnings shall be adequately secured, and shall comply with the provisions of the latest edition of the California Building Code adopted by the City.

c. Fixtures

The furnishings of the sidewalk cafe shall consist only of movable tables, chairs, and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the main building.

d. Refuse Storage Area

No structure or enclosure to accommodate storage of trash or garbage shall be erected or placed on or adjacent to the sidewalk cafe on either a public sidewalk or public right-of-way. Sidewalk cafes shall remain clear of litter at all times.

e. Hours of Operation

The hours of operation of the sidewalk cafe shall be limited to the hours of operation of the associated restaurant or eating and drinking establishment.

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1. Intent

This Section is intended to ensure that commercial parking facilities and surface parking lots located adjacent to residential districts will not adversely affect nearby residents or diminish the integrity of a residential district.

2. Applicability

All commercial parking facilities, including primary commercial parking uses, and accessory parking lots for associated commercial, industrial, institutional, and public uses shall comply with the provisions of this Section in addition to the applicable provisions of the zone district in which such a use is located.

3. Minimum Development Standards

• a. Structures Permitted

A parking guard or attendant shelter may be permitted provided that the shelter does not exceed seventy-five (75) square feet, is not more than twelve (12) feet in height, is not located in any required setback area, and is located at least fifty (50) feet from any adjacent residential parcel.

• b. Vehicle Access

Where practical, vehicular access to parking lots from public streets shall be located a minimum of forty (40) feet from any residentially zoned parcel.

1. Intent

This Section is intended to ensure that the construction of swimming pools and recreational courts within residential districts is consistent with the residential character of the neighborhood.

2. Applicability

The provisions of this Section shall apply to the construction of swimming pools or recreational courts located on individual residential lots as accessory uses to primary residential use of the same lot.

3. Permit Required for Accessory Use

Swimming pools and recreational courts may be permitted as an accessory use to a primary residential use, subject to securing a City building permit.

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4. Swimming Pools

   • a. Swimming pools shall be set back a minimum of five (5) feet from the rear property line and five (5) feet from the side property lines, excepting the restrictions of Section 11.150.4.b. of this Chapter, as measured perpendicularly to the edge of the swimming pool coping. Encroachment of up to two (2) feet into this setback area may be granted by the Building Official upon review and approval of stamped engineering calculations demonstrating that such encroachment will not compromise the structural integrity of any surrounding buildings or structures.

   • b. A swimming pool shall not, in any circumstance, be located within a side yard setback area of the street side of a reverse comer lot, nor shall a swimming pool be located within a front yard set back area.

   • c. Swimming pool equipment shall not be located within a street side yard setback area nor in a front yard setback area.

   • d. Swimming pools shall not be located closer than ten (10) feet to any building; unless stamped engineering calculation, reviewed and approved by the Building Official, demonstrate that placement of a swimming pool closer than ten (10) feet to any building will not compromise the structural integrity of that building and/or that building foundation.

   • e. Swimming pools, spas, and hot tubs shall comply with “Special Use and Occupancy” requirements of the latest City adopted addition of the California Building Code.

5. Recreational Courts

   • a. The maximum height of fences enclosing recreational courts shall be ten (10) feet.

   • b. Recreational courts shall be set back a minimum of ten (10) feet from the side property line, ten (10) feet from the rear property line, and fifty (50) feet from the front property line.

   • c. A maximum of eight (8) lights may be permitted. Said lights shall not exceed a height of twenty-two (22) feet.

   • d. All lighting shall:

     • (1) Be designed, constructed, mounted, and maintained so that the light source is cut off when viewed from any point above five (5) feet, measured at the lot line; and

     • (2) Be used only between the hours of 7:00 a.m. and 10:00 p.m.

e. The surface of a recreational court shall be designed, painted, colored, and/or treated to reduce reflection from any lighting thereon.

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f. The above listed standards shall be considered minimum standards. The Planning Agency may impose more stringent standards if it is determined that such standards are required to achieve consistency with the intent and purpose of the General Plan and this Title.

1. Intent

This Section is intended to regulate the establishment and operation of vehicle repair facilities to reduce or eliminate potential noise, fumes, litter, and parking problems associated with motor vehicle repair shops. The provisions of this Section are further intended to ensure that vehicle repair facilities are compatible with adjacent and surrounding land uses.

2. Applicability

Each vehicular repair facility, including those which may be part of and incorporated within a vehicle dealership, shall comply with the provisions of this Section in addition to the development standards and permit procedures of the zone district in which it is to be located and with other applicable provisions of this Title.

3. Minimum Development Standards

a. Paving

The portion of the site devoted to vehicle repair facilities shall be entirely paved, except for buildings and landscaping.

• b. Structures

When practical, entrances to individual service bays shall not face public rights-of-way or abutting residential parcels.

c. Repair Activities

All repair activities, operations, and storage of materials shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

d. Enclosure

Repair facilities, performing body and fender work, or similar noisegenerating activities, shall be conducted within a fully-enclosed structure. All painting shall occur within a fully enclosed booth that meets all requirements of the California Building Code and Section 12.30 (Air Quality) of this Title.

• e. Litter

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The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No new, used, or discarded automotive parts, equipment, or permanently disabled, junked or wrecked vehicles may be stored outside of a building.

f.

Storage

Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or alley.

• g. Hazardous Materials

Any handling, treatment, storage, or use of hazardous materials shall be subject to the requirements of Section 10.110 (Hazardous Materials Management) of this Title.

1. Intent

This Section is intended to ensure that used automobile/light truck sales lots do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off. The following special conditions shall apply to used automobile sales lots.

2. All used automobile/light truck sales lots shall comply with the provisions of this Section in addition to the development standards and permit requirements of the BP (Business Park) zone district.

   • a. Location

Used automobile/light truck sales lots are permitted only in the portion of the BP (Business Park) District located on the south side of Lerdo Highway, as identified in Table 6.C of this Title.

b. Minimum Lot Size

The minimum lot size for used automobile/light truck sales lots shall be one (1) acre.

c. Site Plan Review

A site plan shall be reviewed and approved in accordance with Section 2.80.4 of this title prior to establishment of a used automobile/light truck sales lot within the “Used Automobile and Light Truck Sales District”.

d. Permanent Structure Required

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A site-constructed structure shall be provided for offices, repair facilities, and retail sales of used automobiles and/or light trucks. No pre-manufactured structures, including commercial modulars, coaches, or trailers, shall be allowed.

• e.

Signs

All permanent and temporary signs shall comply with the requirements specified in Chapter 14 of this Title.

f. Parking

• (1) Areas designated for employee and customer parking shall not be used for vehicle storage or display.

• (2) All display, parking, storage, and maneuvering areas shall comply with the requirements specified in Section 13.60 (Parking Regulations) of this Chapter.

• (3) All vehicle display, parking, and maneuvering areas shall be surfaced with a minimum of three (3) inches of asphalt concrete paving or a material of higher quality, as approved by the City Engineer.

• (4) Vehicles for sale shall not be displayed outside of the designated display area, as identified on the approved site plan for the facility.

• (5) All vehicles displayed for sale shall be operable and must meet all Department of Motor Vehicles Standards of Operation.

• (6) Any non-operable vehicles or vehicles being stored prior to being placed on display for sale shall be stored within a fenced and screened storage area.

g.

Landscaping

A minimum of five (5) foot-wide landscape strips shall be provided outside the public right-of-w ay along the street frontage perimeter of the site.

• h.

• Washing of Vehicles

All washing, rinsing, or hosing down of vehicles and of the property shall comply with the requirements specified in Section 11.260 (Vehicle Repair Facilities) of this Chapter.

• i.

• Loading and Unloading of Vehicles

Loading and unloading of vehicles shall be conducted in accordance with the following provisions:

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• (1) The sales lot operator is deemed to be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading activities, to the extent any such activities violate the provisions of this subsection.

• (2) Off-loading locations shall be established either on-site or offsite, and shall be subject to the approval of the City Engineer if within the public right-of-way. Loading and unloading activities shall not block the ingress or egress of any adjacent property.

• j.

Storage of Vehicles to be Repaired

• (1) Vehicles brought on site for repair purposes shall not be parked or stored on any public street or alley.

• (2) Vehicles brought on-site for repair purposes shall be parked in either required parking spaces, reserved for such purposes and shall be no more than 600 square feet, or stored within a fenced and screened storage area.

• k.

Repair of Vehicles

The repair and service facility portion of any used automobile/light truck sales facility shall comply with the provisions of Section 11.260 (Vehicle Repair Facilities) of this Chapter.

• l.

Queuing of Vehicles

On-site queuing area or lanes for service customers shall be provided which shall be large enough to accommodate a minimum of one and a half vehicles for each service bay in the facility. One-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

• m.

Noise Control

• (1) Loudspeakers are permitted provided that noise levels are maintained below fifty-five (55) dBA at the property boundary.

• (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to reduce noise levels below fifty-five (55) dBA at the property boundary.

• n.

• Toxic Waste Storage and Disposal

• (1) Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

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• (2) Any handling, treatment, storage, or use of hazardous materials shall be subject to the requirements of Section 10.110 (Hazardous Materials Management) of this Title.

• o. Air Quality

  • (1) Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmful when dispersed in air.

  • (2) Mechanical ventilating equipment shall direct exhaust away from adjacent residential properties.

  • (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be omitted.

1. Intent

This Section is intended to ensure that the permanent installation of commercial coaches/office coaches does not create adverse impacts on adjacent property and the surrounding area by creating visual blight.

2. All permanently installed commercial coaches/office coaches shall comply with the provisions of this Section and the requirements of the Industrial (I) District.

   • a. Permanent installation of commercial coaches/office coaches shall be limited to locations within the Industrial (I) District that are located a minimum of 1,500 feet from an existing arterial roadway or arterial roadway alignment as identified by the Circulation Element of the City of Shafter General Plan. The 1,500-foot setback shall not apply to properties located east of Santa Fe Way south of Burbank Avenue.

   • b. All necessary building permits must be obtained prior to installation of the commercial coach/office coach.

   • c. Permanently installed commercial coaches/office coaches shall be installed with appropriate engineered tie-down systems. Skirting shall be installed if the unit is installed above-grade.

   • d. All utilities (water, sewer or septic system, electricity) shall be provided to the permanently installed commercial coach/office coach.

   • e. Commercial coaches/office coaches proposed for locations not meeting the requirements of Section 11.280.3.a. above, shall be reviewed and processed in accordance with the provisions of Section 2.90 (Temporary Occupancy Permit).

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1. Intent

This section is intended to ensure that Medical Cannabis Uses, as defined under Section 1.190, Chapter 1, Title 17 (Zoning Ordinance) of the City of Shafter Municipal Code, are prohibited in all zoning districts throughout the City of Shafter.

2. Permits and Licenses Prohibited

No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of Medical Cannabis Uses within the City.

3. Public Nuisance

The establishment, maintenance or operation of Medical Cannabis Uses within the City of Shafter is declared to be a public nuisance and may be abated by the City either pursuant to the City of Shafter Municipal Code or any other available legal remedies, including but not limited to declaratory relief and civil injunctions.

1. Purpose

The purpose of this section is to regulate personal, medical, and commercial marijuana uses. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

• 2

.

Personal Use.

• a. For purposes of this section, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent is unlawful under California law.

• b. Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors, in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such us or activity.

• c. Indoor Cultivation

  • (1) A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or

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inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

  - (2) To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Planning Department. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence. 

  - (3) The Planning Department will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing equipment. 

3. Medical Use.

   • a. Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in Title 17 of the City of Shafter Municipal Code.

• b. The establishment of operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No user permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

4. Commercial Use.

• a. The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

(1) The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

• (2) The cultivation of marijuana;

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(3) The manufacturing or testing of marijuana, marijuana products, or marijuana accessories; or

(4) Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

5. Penalty for Violations.

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may abated as provided in Title 1, Chapter 1.08 of the City of Shafter Municipal Code and/or under state law.

1. Purpose

The purpose of this section is to regulate the adequate storage of firearms within Zone Districts permitting firearms sales and repair to prevent burglary and theft.

2. General Requirements

No person shall engage in the business of selling, offering for sale, or displaying for sale, or storing preparatory for sale, any firearms within the City of Shafter unless the person has fully complied with the following:

The seller shall have obtained a permit from the Chief of Police authorizing the storage of firearms within the City of Shafter. The permit shall be issued only upon a showing that the seller has taken steps to ensure the safety of his or her firearms from burglary and theft.

3. Fee

To be set and adjusted by City Council action. The fee shall be paid at the time the application is obtained from the Chief of Police and is nonrefundable.

4. Revocation

A permit issued under the provisions of this chapter shall be revoked by the Chief of Police upon proof to his satisfaction of a violation by the holder of such permit of this chapter, or any ordinance of the City of Shafter or law of the state regulating or establishing standards for the commercial sale of firearms.

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5. Appeal of Suspension or Revocation

Any such person, whose permit issued under the provisions of this chapter having been so suspended or revoked, shall have the right to appeal to the City Council in writing within three (3) days after notification of such suspension or revocation, or within thirty (30) days after denial thereof, and to be heard by the City Council with relation thereto at its next regular or regular-adjourned meeting, or at a special meeting of the City Council called for such purpose, and the action of the City Council upon such appeal shall be final and conclusive with respect to the suspension or revocation of such permit.

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