Chapter 17.60

SPECIAL REGULATIONS

Sections:

17.60.010 Temporary uses and structures.

17.60.020 Adult businesses.

17.60.030 Alcoholic beverage sales for offpremises consumption.

17.60.040 Bed and breakfast inns.

17.60.050 Caretaker units.

17.60.060 Exterior lighting regulations.

17.60.070 Fences and walls.

17.60.080 Outdoor storage, sales, and service yards.

17.60.090 Kiosk businesses.

17.60.100 Residential care facilities.

17.60.110 Roadside agricultural sales.

17.60.120 Satellite dish and other antennas.

17.60.130 Sidewalk cafes and outdoor eating areas.

17.60.140 Day care facilities.

17.60.150 Recycling facilities.

17.60.160 Historic/cultural landmark designations.

17.60.170 Live/work use.

17.60.180 Emergency shelters and low barrier navigation centers.

17.60.190 Prohibited marijuana activities.

17.60.200 Group residential facilities.

A. Purpose and Intent. The purpose of this section is to control and regulate land use activities of a temporary nature which may adversely affect the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences and land owners, and to minimize any adverse effects on surrounding properties and the environment.

B. Temporary Use Permit.

1. Unless otherwise provided herein, an application for a temporary use permit shall be required for all activities described in subsection C of this section subject to the conditions set forth herein and any other conditions as may be prescribed by the director of community development. A temporary use permit may be approved, modified, conditioned, or denied by the director. The director may refer such application to the city

council, pursuant to SBMC 17.72.030 (Public Hearing and Notice Requirements).

2. The director may approve, or conditionally approve, a temporary use permit only when all the findings contained in SBMC 17.68.010 (Conditional Use Permits) are made.

3. The director may also require the submission of a site plan indicating any information required by this section.

C. Temporary Uses Allowed. The following temporary uses and structures shall be allowed as indicated below:

1. Contractors’ offices, temporary living quarters, storage yards and large containers on the site of an active construction project, subject to the following regulations:

a. The director may approve a trailer coach as a temporary living quarters for security personnel, or temporary residence of the property owner, for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted; provided, that the building permit for the first permanent dwelling or structure on the same site has also been extended.

b. Installation of trailer coaches may occur only after a valid grading or building permit has been issued.

c. The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the state of California. A recreational vehicle shall not be permitted pursuant to the section.

d. The temporary trailer coach installation must meet all requirements and regulations of the city building department.

e. All temporary storage areas and large containers shall be removed from the site upon completion of the building permit.

f. Large containers may not be placed on any building site in any zone for a period exceeding 90 days unless a temporary use permit is obtained.

g. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which the use has been approved, or the expiration of the time for which the approval has been granted.

17-92.3

(Revised 7/25)

17.60.010

2. Parking lot and sidewalk sales, subject to the following regulations:

a. The sale may not exceed three days during any three-month period;

17-92.4

(Revised 7/25)

Solana Beach Municipal Code

17.60.080

c. The director of community development or the city council may waive or modify the provisions of (a) and (b) above if findings are made that the placement of structures and other factors prevent the lights and noise of vehicular traffic from adversely affecting abutting residential property at least to the same degree as the required fence or wall.

2. Outdoor Storage, Sales, and Service Yards. Fence and wall requirements for outdoor storage, sales display areas, and service yards shall be as prescribed in SBMC 17.60.080 (Outdoor Storage, Sales, and Service Yards).

3. Mobile Home Parks. Mobile home parks shall be entirely enclosed at its exterior boundaries by a decorative, view-obscuring fence or wall, or by decorative screening or landscaping plants and/ or materials; provided, however, that said fence, wall screening or landscaping when located within a front yard shall be constructed at or behind the required setback.

4. Scenic Area Overlay Zone. Within the scenic area overlay zone (SBMC 17.48.010) potentially unsightly features shall be screened from view by a view-obscuring fence or wall or by decorative screening or landscaping plants and/or material in accordance with the provisions of an approved development review permit.

E. Standards Applicable to Required Walls and Fences (All Zones).

1. Measurement of Height. The prescribed height of required fences, walls, or landscaping screens shall be measured above the actual adjoining level of the finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured above the level thereof. An earthen berm not higher than three feet may count toward the prescribed height of any fence, wall, or landscaping screen.

2. Fence Materials. Fences and walls may be of any material commonly used in the construction of fences or walls, or otherwise acceptable by the department of community development, except as otherwise specified herein.

3. Fence Opaqueness. The degree of opaqueness or transparency of fences and walls may be determined by the property owner, in accordance with his desire for visual privacy, except as otherwise specified herein.

4. Hedges and Landscaping. A hedge or other dense landscaping may satisfy a requirement for a view-obscuring fence. Such hedge or other dense landscaping shall be maintained in accordance with the provisions of Chapter 17.56 SBMC (Landscaping Regulations) and shall be replaced with another hedge, other dense landscaping or an appropriate fence or wall when it ceases to serve the purpose of obscuring views. However, no such hedge shall be grown or maintained at a height greater than that permitted by these regulations for a wall or fence.

ndscaping shall be maintained in accordance with the provisions of Chapter 17.56 SBMC (Landscaping Regulations) and shall be replaced with another hedge, other dense landscaping or an appropriate fence or wall when it ceases to serve the purpose of obscuring views. However, no such hedge shall be grown or maintained at a height greater than that permitted by these regulations for a wall or fence.

5. Gateposts. Gateposts and other superstructures over ways of ingress and egress may be permitted as determined appropriate by the director of community development. (Ord. 185 § 2, 1993)

A. Purpose. It is the intent of this title that, where possible, all businesses shall be conducted completely within an enclosed building. In recognition that certain types of uses require outdoor storage, sales areas, and service yards, the purpose of this section is to provide for the regulation of outdoor storage, sales and service yards to minimize potential adverse effects upon adjacent development and to preserve and enhance the scenic quality of the city.

B. Definitions.

1. Outdoor Storage. As specified herein, “outdoor storage” shall mean any outdoor area, exclusive of parking lots, used for the storage of supplies and materials including, but not limited to, building materials, merchandise (not on display), maintenance supplies, construction equipment, machinery, raw material, inoperative vehicles, refuse, recycled materials, and containers of any type.

2. Outdoor Sales. As specified herein, “outdoor sales” shall mean any permanently maintained outdoor area used for the display of merchandise intended for on-premises sale including automobile sales lots.

3. Service Yard. As specified herein, “service yard” shall mean any outdoor area used for automotive or equipment repair or maintenance, materials assembly or processing, exclusive of loading areas and automotive cleaning services.

C. Conditional Use Permit Required. Any outdoor storage or service yard which is not accessory

17-99

(Revised 4/13)

17.60.090

to a current on-site business and any permanent outdoor sales area of a business shall require a conditional use permit pursuant to SBMC 17.68.010. Specific conditions providing for adequate screening of such areas shall be imposed by the director of community planning or city council. For the purposes of this section, the director of community development shall determine whether the outdoor storage yard, sales area, or service yard is a principal or accessory use of the property.

D. Regulations. All outdoor storage, sales, and service yards, including such uses which are accessory to a current on-site business shall comply with the following regulations, as applicable:

1. Any outdoor storage or service yard shall be completely enclosed by a solid wall, with necessary gates, with a minimum height of six feet and a maximum height of eight feet. The substitution of a fence, decorative wall, or dense plantings which will adequately buffer the area may be approved as a part of a required conditional use permit.

2. Material or equipment shall not be stacked or piled higher than the enclosure surrounding the storage area. Exceptions may be granted pursuant to the conditional use permit in cases where the containers, such as silos, bins, or tanks, are to be used for finished products in transition or in other situations where the provisions of this paragraph are not appropriate.

3. Hazardous materials including, but not limited to, explosive, highly flammable, or toxic material or chemicals shall not be stored outdoors except in appropriate storage containers or facilities specifically authorized pursuant to California law, including the California Health and Safety Code, California Fire Code as adopted by Chapter 15.32 SBMC and all applicable state regulations.

4. Except as otherwise provided in Chapter 17.52 SBMC (Parking and Loading Regulations) every portion of a lot used for outdoor sales shall be considered as a part of the gross floor area in calculating the parking requirements for the subject use.

5. Every portion of a lot used for the sale, rental, lease of automobiles, trucks, trailers, and other similar vehicles shall comply with all requirements of Chapter 17.52 SBMC (Parking and Loading Requirements). In addition to the parking area landscaping requirements required by Chapter 17.52 SBMC, all sites shall provide a minimum 10foot landscaped buffer area between the street frontage and display area.

6. Outdoor night lighting for storage yards, service yards, and sales areas shall be directed away from residential areas (see also SBMC 17.60.060, Exterior Lighting Regulations).

7. Objectionable noise, odors, or particulates shall not be allowed to emanate beyond the premises.

8. All health requirements shall be observed. (Ord. 440 § 3, 2012; Ord. 185 § 2, 1993)

A. Purpose. The purpose of this section is to ensure that kiosk businesses are compatible with the visual quality and efficient functioning of existing or proposed commercial centers.

B. Definition. For the purpose of this section a kiosk business shall include any business or related commercial activity located in a freestanding structure of less than 200 square feet in area. Kiosk businesses include, but are not limited to, film development services, flower stands, food stands, key shops, parcel services, automated tellers, and information booths.

C. Regulations. All kiosk businesses shall comply with the following regulations:

1. The kiosk shall not obstruct or impede pedestrian or vehicular circulation.

2. No kiosk structure shall exceed a height of 15 feet.

3. Kiosk structures shall comply with all setback requirements applicable to principal structures within the zone, unless a variance and/or encroachment permit is obtained.

4. The kiosk business shall not result in a net loss of required on-site parking.

5. All kiosk businesses, including drive-thru facilities, shall be consistent with the requirements Chapter 17.52 SBMC (Parking and Loading Regulations).

6. Signage for kiosk businesses shall be as prescribed in Chapter 17.64 SBMC (Comprehensive Sign Ordinance). (Ord. 185 § 2, 1993)

A. Purpose and Intent. It is the purpose and intent of this section to provide location criteria and development standards for the establishment and operation of residential care facilities. It is recognized that such facilities provide an important and essential community service and that they should be located and operated in a manner which is sen-

17-100

(Revised 4/13)

Solana Beach Municipal Code

17.60.120

residential zones subject to the following standards:

a. No more than one satellite dish antenna shall be permitted per lot, except as otherwise provided in paragraph (h) hereof with respect to condominiums and other multi-family residential developments with more than 50 dwelling units.

b. The antenna shall be mounted on the ground, except as otherwise provided in paragraph (h) hereof with respect to multi-family residential developments subject to a development review permit or other zoning permit regulating the design and construction of the development.

c. The antenna shall not be located in a required front yard or in a required side yard. The antenna shall not be located in the area of the lot between a street and the main structure outside of the required front or side yard unless there is no other location on the property where the antenna may be placed and receive satellite delivered signals. The antenna shall not be located such that any portion of the antenna is within four feet of any property lines.

d. The antenna shall not exceed 10 feet in height. Height shall be measured vertically from the highest point of the antenna positioned for operation to the bottom of the base at ground level.

e. The antenna shall not be located on a coastal bluff or within 25 feet of the top edge of a coastal bluff as defined in Chapter 17.08 SBMC, or below or within 25 feet of the rim of a canyon located on the north side of the city between the railroad right-of-way and Interstate Freeway 5, or in any area encumbered by an open space easement.

f. The antenna shall be screened from view from adjacent property and from public streets, rights-of-way or property by a wall, fence, hedge or other landscape material located between the antenna and the applicable setback line so that no more than 25 percent of the antenna extends above the top of the screening material. The screening material shall be continuously maintained in a good condition so long as the antenna remains on the property.

g. The antenna dish shall not exceed seven feet in diameter.

h. More than one satellite dish antenna per lot may be installed in condominiums and other multifamily residential developments which have

50 or more dwelling units if the community development director finds that one satellite dish antenna is insufficient to provide reception for the dwelling units in the development. Satellite dish antennas may be installed on the roof of a multifamily residential structure subject to the screening requirements for roof-mounted antenna established by this section or for roof mounted antenna in non-residential zones when permitted by the development review permit or other zoning permit or approval regulating the design and construction of the development. The provisions of this paragraph (h) shall be applicable to hotels and apartments located in residential zones.

2. Commercial and Industrial Zone Standards (C, SC, OP, LC, and LI Zones). A satellite dish antenna shall be considered as accessory to the primary structure on a lot and is permitted in all commercial and industrial zones subject to the following standards:

a. Standards applicable to groundmounted satellite antenna.

i. The antenna shall not be located in the front 50 percent of the lot, except for through or corner lots where the antenna shall be located in that half of the lot located furthest away from any street. The antenna shall not be located in any required parking area.

ii. The antenna shall not exceed 15 feet in height. Height shall be measured vertically from the highest point of the antenna when positioned for operation to the bottom of the base at ground level.

iii. The antenna shall not be used as a sign or contain any advertising copy.

iv. The antenna shall be screened from view from adjacent properties and from public streets, rights-of-way and property by a wall, fence, hedge or other appropriate landscape material located between the antenna and the applicable setback line so that no more than 25 percent of the antenna extends above the top of the screening. The screening material shall be continuously maintained in a good condition so long as the antenna is installed on the property.

b. Standards applicable to roof-mounted satellite antennas. An antenna mounted on a pole fixed to the ground, but also directly attached to a primary or accessory building by straps, brackets or other means, shall be considered to be a roofmounted antenna.

17-103

(Revised 12/17)

17.60.120

i. The antenna shall not exceed 15 feet in height; provided, however, that in no event shall the antenna extend more than five feet above the permitted height of the building on which it is located. Height shall be measured vertically from the highest point of the antenna when positioned for operation to the bottom of the base where it is attached to the building, or in the case of polemounted antenna, to the point where the roof-line intersects the pole.

ii. The antenna shall be screened by recessing the antenna into the roof, constructing a screen out of similarly colored and textured roof or wall material as the building on which the antenna is located, or appropriate landscaping so that the antenna is not visible from the ground level at the property line.

c. General standards applicable to both ground-mounted and roof-mounted satellite antennas.

i. No more than one antenna shall be located on a lot; provided, however, that the community development director may permit more than one antenna per lot if the director determines that there is more than one permitted use or business on the lot and that the reception needs of the permitted uses or businesses cannot be met by a single antenna.

ii. For property located adjacent to Highway 101 or between Highway 101 and Cedros Avenue, antennas shall be located and screened so that the antennas are not visible from the Highway 101 right-of-way.

3. Agricultural Zone (A Zone) and Open Space/Recreation Zone (OSR Zone). A satellite dish antenna shall be considered as accessory to the primary structure or use on the property and shall be permitted subject to the same standards applicable to residentially zoned property.

4. Public Institutional Zone (PI Zone). Satellite dish antennas are a permitted accessory use of property in the public institutional zone.

D. Exception to Installation Standards. If application of the standards established by this title prevents the installation of a satellite dish antenna on property of an applicant, or would result in the imposition of unreasonable costs in light of the purchase and installation costs of the equipment, then the community development director shall grant an exception to the standards, but only to the extent necessary to permit the installation of one

satellite dish antenna on the applicant’s property in such a place and manner as to result in the greatest compliance possible with the standards and cause the least impact on the esthetics of the neighborhood, views from adjoining property and views from public streets, rights-of way and property. Any variance granted by the community development director shall be justified in writing and a copy of the decision shall be kept in the permit file.

E. Previously Installed Satellite Antennas. Any satellite dish antenna legally installed before the effective date of the ordinance codified in this title shall be brought into conformance with all requirements herein, except for requirements of size and height, within 18 months of the effective date of the ordinance codified in this title. If a satellite antenna installation permit is required for such antenna, the inspection fee shall not be applicable unless the application for the satellite antenna installation permit is not filed within the 18-month period.

F. Conventional Television Antennas and Amateur Radio Antennas.

1. Conventional television receiving antennas (mast, rods, and support wires) shall not extend more than 10 feet in height above the highest point of the roof.

2. Amateur radio antennas in excess of 40 feet above grade are subject to a planning director’s use permit with appeal rights to the city council pursuant to Chapter 17.68 SBMC. A maximum height of 75 feet may be allowed.

a. All antennas must meet principal building setbacks.

b. Not more than one amateur radio antenna support structure and one whip antenna structure in excess of 30 feet in height per building site is allowed.

c. All antenna shall be situated so as to be of minimum visual impact to the community.

d. Whip antenna are exempt from the use permit requirements.

e. These standards satisfy the requirements of the city’s view preservation ordinance and no additional view preservation permit is required.

G. Wireless Communication Facilities (WCFs).

1. All wireless communication facilities, and any modifications, collocations, expansions or other changes to existing WCFs, are subject to a permit as specified in City Council Policy No. 21.

17-104

(Revised 12/17)

Solana Beach Municipal Code

17.60.130

All WCFs shall comply with City Council Policy No. 21.

2. “Wireless communication facility” (WCFs) means any component, including antennas and all related equipment, buildings and improvements for the provision of personal wireless services defined by the Federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include, but are not limited to, cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground-based repeaters for satellite radio services, micro-cell antennas and similar systems which exhibit technological characteristics similar to them. (Ord. 481 § 3, 2017; Ord. 391 § 1, 2008; Ord. 355 § 1, 2006; Ord. 191 § 1, 1994; Ord. 185 § 2, 1993)

A. Purpose and Intent. The purpose and intent of these regulations is to encourage outdoor dining areas and sidewalk cafes as both visual and publicly available amenities which intensify pedestrian activity and make street life more attractive in commercial areas, to promote and protect public health, safety, and general welfare, to preserve and enhance the character of neighborhoods, and to ensure adequate space for pedestrians.

B. Definitions.

1. A “dining establishment” means a structure whose principal use is the serving of food to the general public, including, without limitation, a restaurant, cafe, ice cream shop, bakery, sandwich shop, coffee house, delicatessen, pizza parlor and the like and where the sale of alcoholic beverages is an accessory use.

2. An “outdoor dining area” is a portion of a dining establishment, located either between the front setback of a building and the street or immediately adjacent to the restaurant, which is used exclusively for dining, drinking and circulation therein. Outdoor dining areas include sidewalk cafes.

3. A “sidewalk cafe” is a portion of a dining establishment, located within the sidewalk area of the public right-of-way, which is used exclusively for dining, drinking and circulation therein. A sidewalk cafe may provide waiter or waitress service or self-service.

4. “Public use area” includes existing dining, seating, waiting, walking or standing areas, and bathrooms of the interior of the existing restaurant.

C. Conditional Use Permit Required. A sidewalk cafe shall only be permitted by conditional use permit issued by the director of community development or city council in accordance with SBMC 17.68.010. Specific conditions providing for the development, operation, and design of such a use shall be imposed by the director of community development or the city council.

1. A director’s use permit may be permitted pursuant to the regulations outlined in subsections D and E of this section.

2. Proposed outdoor dining areas exceeding 1,000 square feet in size or exceeding the maximum allowable outdoor area limitations based on the calculation in subsection (D)(1) of this section shall be subject to city council approval.

D. Regulations. All outdoor eating areas, including sidewalk cafes, shall comply with the following regulations as applicable:

1. Outdoor Area Limitations:

a. The minimum outdoor dining allowed shall be 200 square feet.

b. The maximum allowable square footage for outdoor dining shall be as follows:

i. One hundred percent for the first 200 square feet of public use area.

ii. Fifty percent for each additional square foot of public use area above 200 square feet.

c. The use of on-street public parking spaces for outdoor dining shall be prohibited.

d. New outdoor dining areas in off-street public parking lots that were not approved pursuant to a previously approved temporary use permit or other city council action shall be subject to city council review.

i. Outdoor dining in off-street public parking lots may be allowed, including the north and south Plaza parking lots, subject to an encroachment permit and encroachment maintenance and removal agreement.

e. Use of public and private sidewalks/walking areas may be allowed subject to clear path standards listed in subsection (D)(2) of this section.

i. Use of public sidewalks/walking areas for outdoor dining shall be subject to an en-

17-105

(Revised 2/26)

17.60.130

croachment permit and encroachment maintenance and removal agreement.

f. Use of private parking spaces within the adjacent commercial property where the business is requesting outdoor dining may be allowed as follows:

i. Properties with greater than 10 parking spaces may use three parking spaces or 20 percent of the existing number of on-site parking spaces per business, whichever is less. Use of private on-site parking spaces shall not exceed allowable outdoor dining area as defined in subsection (D)(1) of this section.

2. Clear Path.

a. For sidewalk cafes, there shall be a minimum clear distance of four feet, which is free of all obstructions. The minimum distance may be measured from any point within the sidewalk width; provided the clear path is maintained in a continuous line conforming to the curvature of the sidewalk. Portions of the sidewalk cafe may be located on either side of the clear path thereby creating two distinct perimeters. In no event may recesses in the sidewalk cafe frontage be used to satisfy this unobstructed width requirement except that corners of the sidewalk cafe may be rounded or mitered. For the purposes of the minimum clear path, parking meters, traffic signs, and trees which have gratings flush to grade, without fence or guards, shall not count as obstructions. Within a sidewalk cafe perimeter located on the street side of a clear path, tables and chairs may be located between sidewalk obstructions such as trees, light standards, planters, news racks, mailboxes, benches and similar fixtures; provided such public facilities remain accessible.

b. At the intersection of streets a minimum clearance, free of all obstructions, measured from the outer edge of the sidewalk cafe to the curb side or nearest obstruction, shall be required as determined by the city engineer. The corner of the sidewalk cafe wall may be rounded or mitered.

3. Cafe Boundary. No portion of a sidewalk cafe, such as gates or any objects placed within a sidewalk cafe, shall swing or project beyond the designated exterior perimeter of the sidewalk cafe. However, fire exit doors, which are used exclusively as emergency exit doors, shall be exempt from this provision.

4. Location. The outdoor dining area shall be limited to the outdoor area directly adjacent to

the business’ building frontage and/or street frontage. Such outdoor dining shall maintain a minimum eight-foot distance from any ingress or egress points of the adjacent business. The review will take into consideration the effect that the exception may have on adjoining businesses in terms of visibility and access.

5. Access for Persons With Physical Disabilities. An outdoor dining area and its restaurant shall be directly accessible to persons with physical disabilities. In the event the main restaurant has provided such access, the outdoor eating area shall be accessible to persons with disabilities from the interior of the restaurant. In order to ensure access for persons with physical disabilities:

a. At least one door/gate/ingress/egress leading into the outdoor eating area or restaurant from the adjoining sidewalk shall be not less than three feet wide.

b. A ramp with non-skid surface, if there is change of grade, having a minimum width of three feet and a slope of not greater than one inch in height for every 12 inches of horizontal distance shall be provided. Such ramp may be of portable type for cafes which are six feet wide or less, except if the cafe is 180 square feet in area or greater.

6. General Design Considerations. a. Fixtures.

i. Sidewalk cafes may contain readily removable railings or fencing or any combination of removable railings, fencing, and landscaping in planter boxes to separate the encroachment area from the remainder of the sidewalk.

ii. No solid walls shall be permitted in the right-of-way. Solid walls and wind screens are permitted in outdoor dining areas outside of the right-of-way.

iii. The furnishings of the interior of a sidewalk cafe shall consist of readily movable tables, movable chairs, and movable umbrellas. For the purposes of this section “readily movable” shall mean that no object such as a table, chair, planter, or any other fixture, shall be leaded, cemented, nailed, bolted, power riveted, screwed, or affixed, even in a temporary manner, to either the sidewalk or to any other structure which it abuts, unless required by building or fire code.

iv. Landscaping may be placed either in movable planters or planted in the ground inside

17-106

(Revised 2/26)

Solana Beach Municipal Code

17.60.130

the defined cafe area adjacent to any barrier, railing fence, or combination thereof.

v. Lighting and heating fixtures may be permanently affixed onto the exterior front of the main building. Portable heating units may be used in all outdoor cafes.

vi. Canopies, umbrellas and other shade structures may be permitted provided they are compatible with the materials, colors and design features of the adjoining building or facade in which the associated dining establishment is located. Temporary “pop-up” tent structures shall be prohibited.

b. Signage. Only the following signs are permitted within an outdoor dining area or sidewalk cafe:

i. The name and type of establishment may appear on the umbrellas or the valance of an awning.

ii. A movable menu board, not to exceed eight square feet, shall be allowed within the boundaries of the outdoor dining area or sidewalk cafe.

c. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from a sidewalk cafe on the public right-of-way.

d. Safety.

i. All barriers, railings, or fences placed around a sidewalk cafe shall be contiguous to the sidewalk. The barriers shall be adequately designed so that unsafe conditions are not created for the physically disabled, blind and partially sighted. In order to maximize visual access and pedestrian safety, the height of the railing, barrier, fence, or planter within the right-of-way shall not exceed three feet in elevation from the patio area, unless required to meet a building code.

ii. Adequate lighting of barriers and railings for stairways and sidewalks shall be provided.

iii. No cantilevered projections over a public right-of-way or other pedestrian walkway shall be permitted. A change in paving pattern and texture may be required to alert pedestrians of a change in sidewalk use.

iv. Awnings or umbrellas may be used in conjunction with all outdoor dining areas. For sidewalk cafes within the public right-of-way, awnings shall be adequately secured, retractable

and shall be constructed and installed to the satisfaction of the building official. At no point shall the height of the awning including the valance be less than seven feet from the floor of a sidewalk cafe.

v. Sidewalk cafes should be at the same elevation as the adjoining sidewalk. However, in the event of a grade change, consideration may be given to permit the floor level of the sidewalk cafe to be elevated or depressed.

7. Additional parking shall not be required for the outdoor dining area/sidewalk cafe.

8. Maintenance and Cleaning. A maintenance and cleaning plan for the sidewalk cafe and outdoor dining area shall submitted as part of the application. At minimum, the following shall be conditions of approval for the maintenance of the outdoor eating area:

a. Trash and Debris Removal. Outdoor dining areas, including any adjacent landscaped areas, sidewalks, and parking areas, shall be kept free of trash and debris at all times. The cleanup and removal of any trash and debris at the conclusion of its operation daily.

b. The outdoor dining areas in the public right-of-way shall be cleaned/washed weekly to the satisfaction of the city engineer. More frequent cleaning may be required after inspection by the city engineer or his/her designee.

E. Review/Modifications/Revocations: A conditional use permit may be subject to review, modification and/or revocation pursuant to SBMC 17.68.010(I).

F. Encroachment Permit Required. An encroachment permit and encroachment, maintenance and removal agreement (EMRA) shall be required for a sidewalk cafe in accordance with the provisions of SBMC 11.20.200 and shall be applied for and processed concurrently with the application for a conditional use permit.

1. Fees for an encroachment permit shall be established by resolution of the city council.

2. Improvements within the right-of-way shall require bond or cash deposit to the satisfaction of the city manager or their designee.

G. Liability Insurance. The permittee shall agree to hold the city of Solana Beach harmless and indemnify the city of Solana Beach from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use of the public property by the permittee or permittee’s agents, employees, con-

17-107

(Revised 2/26)

17.60.140

tractors, or guests. The permittee shall also give evidence of liability insurance in an amount determined by the issuing authority to be sufficient to deal with the maximum amount of potential liability related to permittee’s use of the public property, and such additional terms as the issuing authority deems appropriate. The issuing authority may require an additional bond to be posted as security for the performance of permittee’s obligation to repair all public property damaged as a result of permittee’s use of the public property.

H. Any businesses with existing and approved temporary use permits (TUP) that are in compliance with these provisions shall be issued a new conditional use permit (CUP). Any existing businesses that have not updated the respective TUP to these current standards within 90 days of the effective date of this ordinance shall remove the outdoor dining improvements or obtain a new conditional use permit consistent with these provisions. (Ord. 533 § 2, 2026; Ord. 185 § 2, 1993)

A. Purpose and Intent. The purpose of this section is to prescribe standards for medium and large day care facilities to assure their compatibility with surrounding uses and to avoid over-concentration of such facilities in residential neighborhoods.

B. Conditional Use Permit Required. Day care facilities for six or less children are a permitted use in all zones allowing residential uses. Day care facilities for seven or more children shall only be permitted by conditional use permit issued by the director of community development in accordance with SBMC 17.68.010.

C. Design Standards. All day care facilities requiring a conditional use permit shall conform to the following regulations where applicable:

1. The facility shall conform to all property development standards of the zone in which it is located.

2. Large facilities for 13 or more children shall not be located within 300 feet of another large facility.

3. An outdoor play area of no less than 75 square feet per child, but in no case less than 450 square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.

4. A six-foot-high solid decorative fence or wall shall be constructed on all property lines, except in the front yard. In the front yard of any residential zone, no fence or wall shall exceed 42 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 safety with controlled points of entry.

5. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be installed and maintained, pursuant to Chapter 17.56 SBMC (Landscaping Regulations). Landscaping shall be provided to reduce noise impacts on surrounding properties.

6. All on-site parking shall comply with the provisions of Chapter 17.52 SBMC (Parking and Loading Regulations). Large facilities shall provide on-site vehicle turnaround or separate entrance and exit points, and adequate passenger loading spaces.

7. All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the use it is serving.

8. All on-site signage shall comply with the provisions of Chapter 17.64 SBMC (Comprehensive Sign Ordinance).

9. The facility shall contain a fire sprinkler system, fire extinguisher and smoke detector devices and meet all standards established by the city fire department.

10. A facility within a residential zone may operate up to 14 hours per day.

11. Outdoor activities may only be conducted between the hours of 8:30 a.m. to 8:00 p.m.

12. Any facility shall be state licensed and shall be operated according to all applicable state and local health and safety regulations. (Ord. 185 § 2, 1993)

A. Purpose and Intent. The purpose of these recycling facilities regulations is to make redemption and recycling of reusable materials convenient to the public in order to reduce litter and increase the recycling of reusable materials, while protecting the public health and safety of the community. The intent is to encourage the provision of recycling services by providing a comprehensive and easily understood program of permitting and regu-

17-108

(Revised 2/26)

Solana Beach Municipal Code

17.60.150

lating such uses in commercial and industrial zones and also to provide guidelines and development regulations to ensure that the placement of recycling facilities are consistent with other development requirements of this title.

B. Definitions.

1. “Recyclable material” is reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2 (b)(4) of the California Health and Safety Code.

17-108.1

(Revised 2/26)

This page left intentionally blank.

17-108.2

(Revised 2/26)

Solana Beach Municipal Code

17.60.180

4. Ensure that the commercial and industrial component of live/work remains the primary focus of the use.

5. Ensure that the residential component of live/work is incidental to the commercial and industrial use components.

B. Definitions. “Live/work” is defined as an occupancy by an individual or a family maintaining a common household consisting of one or more rooms or floors in a building originally designed for industrial or commercial occupancy, or in a new building specifically designed for live/work use and includes the following:

1. Cooking and sanitary facilities in accordance with applicable standards as adopted by the city of Solana Beach; and

2. Adequate working space reserved for that sole purpose and used by one or more persons residing therein.

C. Conditional Use Permit Required. Live/work buildings and units shall be permitted in the general commercial (C) and special commercial (SC) zones only, subject to a conditional use permit issued by the director of community development pursuant to SBMC 17.68.010 (Conditional Use Permits).

D. Regulations. All live/work building and units shall comply with the following regulations; provided, that the director of community development or city council may modify any requirement, up to what would normally be required, if necessary to protect the public health, safety, and welfare. Additional conditions may be imposed by the department of building and safety and the fire department:

1. The minimum total square footage of an individual live/work unit shall be 500 square feet.

2. New live/work buildings (excluding conversions) shall provide a minimum of four units.

3. Any commercial zone in which a live/work use is located shall remain a commercial zone and the occupant of the live/work use by selecting this type of occupancy accepts the conditions found in the area including, but not limited to, noise, pollution, fumes, dirt, traffic and odors to the extent that they are permitted by law in the zone. The director of community development or city council may include conditions to this effect which would be recorded as part of the conditional use permit.

4. The living space shall not be rented or sold separately from the working space.

5. Vehicular parking and loading spaces shall be established by the conditional use permit based on the proposed uses and by review of a parking/loading report prepared by the applicant.

6. All building, fire, electrical, mechanical and other applicable codes shall be adhered to including the American Disabilities Act unless specifically exempted by said codes. City staff shall exercise discretion in interpreting such codes to encourage live/work projects, but shall not compromise public health, safety and welfare standards. (Ord. 185 § 2, 1993)

A. Purpose and Intent. This section establishes standards for the development and operation of emergency shelters and low barrier navigation centers in the general commercial zone. Emergency shelters and low barrier navigation centers shall be allowed as a permitted use without the need for a conditional use permit and are exempt from CEQA (California Environmental Quality Act).

B. Emergency Shelter and Low Barrier Navigation Center Regulations. Emergency shelters and low barrier navigation centers shall be subject to the following regulations:

1. Eligible Locations. A new facility shall be a permitted use in the general commercial (C) zone only, and may be located in the public/institutional zone with a director’s use permit.

2. Separation Between Emergency Shelters and Low Barrier Navigation Centers. A new facility shall not be closer than 300 feet to another emergency shelter or low barrier navigation center as measured between property lines.

3. Lighting. Adequate external lighting shall be provided for security purposes to ensure fully lit parking, gathering and waiting areas. Lighting shall be contained on site per SBMC 17.60.060, Exterior lighting regulations.

4. Building Design Standards.

a. Number of Beds. An emergency shelter or low barrier navigation center shall contain a maximum of one bed per 150 square feet of sleeping area not to exceed 20 beds and shall serve no more than 20 persons.

b. Client Waiting Areas. Facilities shall have an interior, enclosed client waiting and intake

17-115

(Revised 7/25)

17.60.190

area large enough to accommodate the number of persons equal to 25 percent of the number of beds. The area shall be based on space required for seated persons. Any exterior overflow waiting area shall be fenced, screened, gated, and covered and shall not obstruct sidewalks or driveways.

c. Client Gathering Areas. Facilities shall have an interior multipurpose area separate from the sleeping area. The multipurpose area shall be provided with space equal to at least 10 square feet per bed, but not be less than 150 square feet. The exterior multipurpose area shall have a gathering area equal to at least 25 square feet per bed and shall be fenced, screened, and landscaped.

5. Facility Operating Standards.

a. On-Site Management. The facility shall maintain a management plan. The management plan must document that management and staffing is sufficient for adequate control of the facility. The management plan shall include descriptions of:

i. On-site management. ii. Staffing levels and qualifications. iii. Client services offered and case

management.

iv. Behavior guidelines including no drug or alcohol use.

v. Facility maintenance. vi. Emergency plan. vii. Security plan.

b. Vehicle Parking. The number of offstreet parking spaces shall be calculated based on the square footage of office space at the facility plus one parking space per 10 beds. Sufficient parking to accommodate all staff working in the emergency shelter shall be required; provided, that the standards shall not require more parking than other residential or commercial uses within the same zone.

c. Length of Stay. Temporary shelter shall be available to residents for a maximum of six months.

d. Hours of Operation. The facility shall only accept clients between the hours of 7:00 a.m. and 8:00 p.m. (Ord. 534 §§ 7, 15, 2024; Ord. 445 § 12, 2014)

A. Legislative Findings and Statement of Purpose.

1. The city council finds that prohibitions on commercial marijuana activities, marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the city and its community and is consistent with federal law that makes the manufacture, possession or use of marijuana to be a crime. The city council’s prohibition of such activities is within the authority conferred upon the city council by federal and state law.

2. On October 9, 2015, the Governor signed the “Medical Marijuana Regulation and Safety Act” (the “MMRS Act”) into law. The MMRS Act becomes effective January 1, 2016, and contains new statutory provisions that allow local agencies to regulate or ban the cultivation, storage, manufacture, transport, delivery, provision, or other related activities pertaining to medical marijuana.

3. The city council finds that the state is not authorized to issue a license for the cultivation of medical marijuana within the city because Health and Safety Code Section 11362.777(b)(3) provides that the Department of Food and Agriculture may not issue a state license to cultivate medical marijuana within a city that prohibits cultivation.

4. The city council further finds that state licensed dispensaries shall not deliver medical marijuana within the city because Business and Professions Code Section 19340(a) expressly prohibits the delivery of marijuana in a local jurisdiction that has explicitly prohibited the delivery by ordinance.

5. On November 8, 2016, the state voters approved the Adult Use of Marijuana Act, also identified as Proposition 64 (“Prop 64”). Prop 64 legalized adult non-medical use of marijuana and established a state licensing scheme for non-medical marijuana facilities largely patterned on the MMRS Act, and generally: (1) allows adults 21 years and older to possess up to one ounce of marijuana and cultivate up to six plants for personal use; (2) regulates and taxes the production, manufacture, and sale of marijuana for adult use; (3) allows local regulation and taxation of marijuana; (4) prohibits smoking marijuana in places where smoking tobacco is prohibited; and (5) rewrites criminal penalties so as to reduce the most common marijuana felonies to misdemeanors and allow prior offenders to petition for reduced charges. Prop 64, similar to the MMRS Act, allows

17-116

(Revised 7/25)

Solana Beach Municipal Code

17.60.190

cities and counties to prohibit the establishment of non-medical facilities and licenses that are provided under Prop 64, providing for minimal personal use exceptions.

6. The city council finds that the state is not authorized to issue licenses for commercial marijuana activities within the city because Business and Professions Code Section 26055(e) provides that the state may not issue a state license for any commercial marijuana activities within a city that prohibits such activities.

B. Definitions. For purposes of this section, the following definitions shall apply:

1. “Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.

2. “Delivery” means the commercial transfer of marijuana or marijuana products to a customer, qualified patient or primary caregiver. “Delivery” also includes the use by a marijuana dispensary or retailer of any technology platform owned and controlled by a marijuana dispensary or retailer that enables customers, qualified patients, or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary or retailer of marijuana or marijuana products.

3. “Marijuana” means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term “marijuana” shall also include “medical marijuana” as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

4. “Marijuana cultivation” means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

5. “Marijuana processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.

6. “Marijuana dispensary” or “marijuana dispensaries” means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

he Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

7. “Medical marijuana collective” or “cooperative or collective” means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

C. Prohibited Activities. Commercial marijuana activities, marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries shall be prohibited activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for commercial marijuana

17-116.1

(Revised 7/25)

17.60.200

activities, marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary or medical marijuana collective in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance.

E. Violations. To the extent not preempted by state law, any person or business that violates any provision of this section shall be subject to the enforcement provisions of Chapters 1.16 and 1.18 SBMC. (Ord. 478 § 2, 2017; Ord. 468 § 2, 2016)

A. Purpose and Intent. This section establishes standards for the development and operation of group residential facilities of seven or more people. Group residential facilities of seven or more people shall be allowed as a permitted use without the need for a conditional use permit or other discretionary review and therefore are exempt from CEQA (California Environmental Quality Act).

B. Group Residential Facility Regulations. Group residential facilities shall be subject to the following regulations:

multipurpose area shall be provided with space equal to at least 10 square feet per bed, but not be less than 150 square feet. The exterior multipurpose area shall have a gathering area equal to at least 25 square feet per bed and shall be fenced, screened, and landscaped.

5. Facility Operating Standards.

a. On-Site Management. The facility shall maintain a management plan. The management plan must document that management and staffing is sufficient for adequate control of the facility. The management plan shall include descriptions of:

i. On-site management.

ii. Staffing levels and qualifications. iii. Client services offered and case management.

iv. Behavior guidelines including no drug or alcohol use.

v. Facility maintenance. vi. Emergency plan. vii. Security plan.

b. Vehicle Parking. The number of offstreet parking spaces shall be calculated based on the square footage of office space at the facility plus one parking space per 10 beds. Sufficient parking to accommodate all staff working in the emergency shelter shall be required; provided, that the standards shall not require more parking than other commercial uses. (Ord. 534 § 14, 2024)

1. Eligible Locations. A new facility shall be a permitted use in the medium high residential (MHR), high residential (HR) and general commercial (C) zones.

2. Separation Between Group Residential Facilities. A new group residential facility shall not be closer than 300 feet to another group residential facility as measured between property lines.

3. Lighting. Adequate external lighting shall be provided for security purposes to ensure fully lit parking, gathering and waiting areas. Lighting shall be contained on site per SBMC 17.60.060, Exterior lighting regulations.

4. Building Design Standards.

a. Number of Beds. A group residential facility shall contain a maximum of one bed per 150 square feet of sleeping area not to exceed 20 beds and shall serve no more than 20 persons.

b. Resident Gathering Areas. Group residential facilities shall have an interior multipurpose area separate from the sleeping area. The

17-116.2

(Revised 7/25)

Solana Beach Municipal Code

17.62.010