Chapter 6.20 — Site Planning, Development, and Operating Standards for Certain Land Uses

Sections:

• 6.20.010 Bed and Breakfast Inns

• 6.20.020 Big Box, Discount Clubs, and Discount Superstores 6.20.030 Data Centers

• 6.20.040 Emergency Shelters

• 6.20.050 Day Care (House) Facilities

• 6.20.060 Gas Station

• 6.20.070 Historic and Cultural Heritage Murals

• 6.20.080 Home Occupation Permits

• 6.20.090 Household Pets

• 6.20.100 Live/Work

• 6.20.110 Mobile Home Parks and Subdivisions

• 6.20.120 Outdoor Dining/Seating

• 6.20.130 Pub, Bar, and Off-site Alcohol Sales

• 6.20.140 Accessory Dwelling Units

• 6.20.150 Telecommunication Facilities

• 6.20.160 Temporary Use

A. Operation

Bed and breakfast inns shall be operated by the property owner/manager living on the site.

B. Size

Bed and breakfast inns shall be limited to a maximum of six guest rooms for lodging, plus accommodations for the property manager/owner.

C. Additions, modifications, and new construction

Additions, modifications, and new construction of bed and breakfast inn structures shall be sensitive to and compatible with the surrounding neighborhood.

D. Food service

Food may only be served to registered overnight guest.

Guest room cooking facilities prohibited.

E. Fencing

A six-foot high fence or wall shall be constructed on all property lines that abut a residential zone. All fences or walls shall be solid and decorative in compliance with Section 4.40.080 (Fences and Screening).

F. Signs

Signs are limited to a maximum of four square feet and are subject to the sign permit approval and provisions of Article 7 (Signs).

G. Parking

Parking shall be provided in compliance with Section 4.50.030 (Number of Parking Spaces Required).

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A. Allowed façade treatments

Architectural elements shall be incorporated into the facades of the building creating visual interest and achieving compatibility within the design of the surrounding commercial structures.

1. Building forms shall be designed to create visual interest on all sides of the structure and the architectural concept shall be consistent on all sides of the building

   6. Use of the following materials is prohibited:

   7. Heavy textured stucco, such as Spanish lace, swirl or heavy trowel;

   8. Vinyl, corrugated metal or aluminium siding;

   9. Common plywood or masonite siding;

2. Second and third story volumes shall be stepped, sloped or grouped with one-story volumes to reduce the apparent mass to human scale.

3. Entries to individual building and public spaces between buildings, shall be emphasized with highlighted massing and articulated roof forms.

4. Standard concrete block;

5. Rustic materials utilized as primary wall surfaces and dark earth tone colors; and

6. Over application of bright accents or trim colors.

C. Building Entrance

4. Building facades shall be recessed or projected at a minimum of every sixty feet.

5. The building height/roof pitch shall be varied.

6. Building facade colors shall be earth-toned; muted colors, building trim may be accented with brighter and contrasting colors.

7. Where appropriate, courtyards and/or outdoor seating areas shall be incorporated into the site plan design.

B. Prohibited façade treatments

The following architectural elements and treatments are prohibited:

1. Large scale uninterrupted walls, not otherwise articulated by form fenestration, or materials.

2. Massive building elements, such as timber beams and/ or columns that are out of scale with the architectural style.

3. False facades and other applied ornamentation unrelated to the rest of the building or structure.

4. High contrast color, brightly colored glazed tile or highly reflective surfaces.

5. Bold application of colors such as stripes, accents or super graphics.

Commercial structures subject to this Section shall provide customers with at least two building entrances in order to encourage greater distribution of parking activity. Additional entrances can be located at one of the two sides of the building and/or the rear of the building. If multiple entries are not practical the structure shall have the appearance of having two entries and in this regard the distinction between the front and rear of the structure shall be blurred through the application of similar architectural treatments.

D. Pedestrian Linkage

The site plan shall reflect and facilitate safe pedestrian access linking the building to sidewalks adjacent to project street(s).

1. The site plan shall reflect the off-street parking requirements per Chapter 4.50 (Parking Standards).

2. To avoid the appearance of a vast expanse of parking lot paving no more than 60 percent of the total required parking shall be located between the front facade of the building and the street frontage, unless the configuration of the site in question precludes this parking arrangement.

   3. Lighting within the parking lot shall be shielded and designed so as not to spill over to the adjacent properties.

   4. At least five percent of the total interior area devoted to parking shall be landscaped.

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5. A landscaped area shall be provided at a minimum of every 8 parking spaces.

6. Landscaping shall be provided at the building entrance between the parking lot and the front of the building.

7. Landscaping shall be provided in compliance with Chapter 4.40 (Landscape Standards).

E. Property Maintenance

Commercial properties supporting a big box store as defined by this Section, whether occupied or vacant, shall be maintained so that the structure and surrounding property are not allowed to fall into a state of deferred maintenance and neglect. This includes the building exterior, parking lot maintenance and landscaping on the property.

A. Visual Interest

Building forms shall be designed to create visual interest on all sides of the structure and the architectural concept shall be consistent on all sides of the building.

B. Color

C. Fencing and Screening

A six-foot high fence or wall shall be constructed on all property lines that abut a residential district. All fences or walls shall be solid and decorative in compliance with Section 4.40.080 (Fences and Screening).

Exterior facade colors shall be earth-toned; muted colors, building trim may be accented with brighter and contrasting colors.

A. Applicability

An emergency shelter shall meet the development and performance standards of Section 6.30.030.

B. Management and Security

On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

C. Lighting

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed downward and shielded so as not to produce off-site glare.

5. Other support services.

E. Security

Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area.

F. Parking

Parking shall be based on demonstrated need, however required parking shall not exceed parking requirements for residential or commercial zone in which the facility is located.

D. Common Facilities

The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

1. Central cooking and dining room(s);

G. Operator requirements

The agency or organization operating the shelter shall comply with the following requirements:

1. Temporary shelter shall be available to residents for no more than six months.

2. Recreation room;

   2. Staff and services shall be provided to assist residents in obtaining permanent shelter and income.

3. Counseling center;

4. Child day care facilities; and

5. The provider shall have a written management plan including, as applicable, provisions for staff training,

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neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

H. Location requirements

No emergency shelter shall be located within 300 feet of another emergency shelter site.

I. Licenses

The facility shall be in, and shall maintain at all times,

good standing with City and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff of the proposed facility.

J. Occupancy

In residential zones, the maximum number of residents of the facility shall not exceed six persons for each 1,600 square feet of lot area on the site; with the exception of those homeless shelters developed in an individual dwelling unit format, in which case the underlying zone’s maximum unit density standard shall apply.

A. Purpose

1. Section 6.20.020 establishes standards for City review of day care facilities, located in residences in conformance with State law (Health and Safety Code Section 1596.78), including the limitations on the City’s authority to regulate these facilities.

activity areas, except in the front yard or within a traffic safety visibility area, in compliance with Section 4.40.040 (Fences and Screening).

4. Noise standards. The facility shall not exceed noise limits as established by Section 4.20.050 (Performance Standards).

2. These standards apply in addition to all other applicable provisions of this Zoning Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all family day care facilities. Evidence of the license shall be presented to the Department prior to establishing any day care facility located in a residence.

B. Day Care (Small House)

A small house day care is allowed in all residential zones as allowed by Health and Safety Code Sections 1597.44 et seq.

C. Day Care (Large House)

As allowed by Health and Safety Code Sections 1597.465 et seq., a large house day care shall be approved if it complies with the following standards:

1. Fire. The facility shall comply with all applicable State and fire codes.

2. Location requirements. A separation of 300 feet shall be required from any other large family day care home.

3. Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor

5. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures and shall be directed downward and shielded.

6. Parking. Parking shall be provided in compliance with Chapter 4.50 (Parking Standards).

7. Swimming pools/spas prohibited. No swimming

• pool/spa shall be installed on the site after establishment of the family day care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a family day care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/ spa and the facilities used by the children.

D. Day care centers

The following standards apply to family day care centers:

1. Fire. The facility shall comply with all applicable State and fire codes.

• 2, Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor

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activity areas, except in the front yard or within a traffic safety visibility area, in compliance with Section 4.40.080 (Fences and Screening),

3. Noise. Noise sources shall be identified through the Use Permit approval process. The facility shall not exceed noise limits as established by Section 4.20.050 (Performance Standards).

4. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

5. Parking. Parking shall be provided in compliance with Chapter 4.50 (Parking Standards).

Automotive repair garages and fueling (gas) stations shall comply with the following:

1. Except in the Special Districts (such as SD2.1), all repair activities shall be enclosed within a building.

2. Access-drives from the primary street shall be at least 100 feet from the street corner and at least 25 feet from the adjacent property along side streets when an alley is not present.

3. No automotive service station structure, equipment or apparatus shall be permitted within 50 feet any T3 or T4 zone.

4. When adjacent to a T3 or T4 zone, each automotive service station shall provide an eight-foot high decorative masonry wall on property lines, except in required front yards.

5. Automotive service stations may be authorized in conjunction with a permitted or conditionally-permitted, commercial or industrial use, if all of the following findings can be made:

• a) Traffic generation, fumes, noise, light and glare, and similar effects generally associated with automotive service station will not be detrimental to adjacent residential areas.

• b) The land use is compatible with the site size, shape, design, access, on-site circulation, required parking and is restricted to minimize conflicts with public access, public safety, or adjoining properties.

• c) The proposed land use, site, and architecture promote a design consistent with and appropriate for the location, and consistent with the intended physical environment of the zoning district.

A. Purpose

To promote the local economy, tourism, and the historical and cultural heritage of the city and for the purpose of beautifying the City.

related to the City or the greater Tehachapi area.

3. Murals shall be located only on the exterior walls of a structure or freestanding wall or on affixed panels.

B. Mural Permit and Approval Authority

No mural shall be painted or otherwise applied without the property owner of the property that will contain the mural having first received a mural permit in compliance with Chapter 9.110 (Mural Permit).

C. Mural Design

The following criteria shall apply to the design of murals:.

1. Murals shall not be materially detrimental to the health, safety and welfare of the public or to property and residents in the vicinity.

2. Paints and other materials used for murals shall be appropriate for outdoor use and artistic rendition and shall be of a permanent or long lasting variety.

3. Murals shall be designed and painted or otherwise created by a mural artist.

4. Murals shall be identical to the color rendering approved by the Commission as to content, colors and design and shall be a size approved by the Commission.

D. Permit

2. Murals shall be non-commercial in content and shall have artistic, historic, cultural or natural history themes

A Mural Permit shall be obtained in compliance with Chapter 9.110 (Mural Permit).

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Chapter 6.20 Site Planning, Development, and Operating Standards for Certain Land Use

A. Intent

Home occupations, which are clearly secondary to the principal use of a dwelling, conform to City ordinances, and do not adversely affect the public safety, health and general welfare of the neighborhood shall be permitted. In addition to special conditions that may be imposed to accomplish these objectives, home occupations shall conform to the locational, developmental, and operational standards of Section 6.20.020.

B. Signs

No signs are permitted in conjunction with the use, either affixed to the premises or to any vehicle parked on the premises. Easily removable (magnetic) signs are permitted so long as they are removed while parked in view of the neighborhood.

C. Employees

No persons are to be employed to do work appurtenant to the use on the premises other than members of the immediate family residing in the home.

D. Vehicle Storage

In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees’ vehicles in the neighborhood is prohibited.

H. Vehicles

Vehicles connected with this business are limited to one vehicle not exceeding an unladen vehicle weight of 4,500 pounds.

I. Prohibited services

Vehicle related services such as, but not limited to, repair, cleaning, tune-ups, couriers, delivery or transport of goods or people and services requiring employees, customers or clients to visit the residence shall be prohibited.

J. Exempt services

Instructional services, such as tutoring or musical instruction, shall be exempt from home occupation requirements with approval from the Director.

K. On-site clients

The home occupation shall involve no on-site clients except for:

1. Home occupations in live/work units in the Transect zones;

2. Tutoring or instruction of children by appointment; and

3. Applicants with a demonstrated mobility handicap.

E. Traffic of Goods

No noticeable movement of products, materials, machinery, or equipment in and out of the premises is permitted in conjunction with the use.

F. Storage

Storage of stock shall be limited to 100 cubic feet (approximately the size of a typical residential bedroom closet).

G. Hazard or nuisance

No home occupation shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

L. Exterior storage

There shall be no on-site exterior storage of equipment, vehicles (in excess of the single vehicle), materials or supplies connected with this business. Equipment. Tools or equipment connected with the business shall be operated so as to be imperceptible at or beyond the property line.

M. Permit

A Home Occupation Permit shall be obtained in compliance with Chapter 9.40 (Home Occupation Permits).

N. Prohibited uses

The following uses shall be considered prohibited:

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PROHIBITED USES UNDER HOME OCCUPATION PERMIT Adult business Animal hospitals (and related services) Barber/beauty/nail shops Dance/night clubs Food preparation for commercial purposes Fortune telling (psychics) Repairs upholstery (small engine, television/radio, appliance, vehicle, upholstery) Massage (on-site) Medical/dental offices/laboratories Photography studios (not including photo processing) Plant nursery Retail or wholesale sales of products stored at the residence, except that mail order businesses may be allowed where there is no stock-in-trade on the site Party-type sales, except when done at client's location Automotive detailing and/or painting Welding and machining Other uses determined by the Director not to be incidental to or compatible with residential activities

A. Applicability

Household pets are permitted in any zone when accessory to a residential use subject to the requirements in this Section.

B. Maximum number of dogs and cats

A maximum of two dogs and three cats shall be permitted.

B. Prohibited pets

Except as otherwise provided in Subsection E, the following are prohibited:

1 . Horses,

2. Cows,

3. Goats,

4. Sheep,

5. Other equine bovine, ovine, or ruminant animals,

6. Predatory or wild animals,

7. Chickens,

8. Ducks,

D. Standards for Vietnamese potbellied pigs

1. Vietnamese potbellied pigs shall be permitted as household pets provided that they:

• a) Are not over twenty inches at the shoulder, b) Do not weigh more than one hundred pounds, and c) Are kept in an enclosed room, pen, or other enclosure, or

• d) An outside enclosure made of wood or metal fencing with at least three hundred square feet for each Vietnamese pot-bellied pig.

2. No more than two Vietnamese pot-bellied pigs shall be permitted per residence.

E. Standards in the Estate (E) zone

• In the Estate (E) zone, livestock is permitted. Up to two horses or two cows or four sheep or four goats are permitted per acre. Pigs are not allowed, except Vietnamese potbellied pigs as described in Subsection D.

9. Geese,

10. Turkeys, and

11. Other game birds and fowl that normally constitute an agricultural use.

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A. Purpose

This Section provides standards for the operation of new live/work units located in commercial and industrial zones and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Article 3 (Specific to Zones). A live/work unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of Section 6.30.060 do not apply to mixed use projects. A Conditional Use Permit shall be required to construct any new live/work unit or to inhabit any existing commercial or industrial building live/work unit.

B. Application requirements

In addition to the information and materials required for a Conditional Use Permit application by the Zoning Code, the Review Authority may require a Conditional Use Permit application for a live/work unit to include a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase I assessment shows potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to the Department in order to determine if remediation may be required.

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

D. Occupancy requirement

The residential space within a live/work unit shall be occupied by at least one individual employed in the business conducted within the live/work unit.

E. Operating Requirements

1. Sale or rental of portions of unit. No portion of a live/ work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2. Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

C. Limitations on use

The nonresidential component of a live/work project shall only be a use allowed within the applicable zone. A live/work unit shall not be established or used in conjunction with any of the following activities:

1. Adult-oriented businesses;

2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.);

3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

4. Welding, machining, or any open flame work; and

5. Any other activity or use, as determined by the Director

3. On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

4. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the Conditional Use Permit. The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to Conditional Use Permit approval, based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit. The

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employment of any persons who do not reside in the live/work unit shall comply with all applicable Uniform Building Code (UBC) requirements.

5. Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the Conditional Use Permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas.

F. Changes in Use

After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through Conditional Use Permit approval. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed, where two or more residential units already exist, or where the conversion would produce more than two attached residential units.

G. Required findings

The approval of a Conditional Use Permit for a live/work unit shall require that the Review Authority first make all of the following findings, in addition to those findings required for Conditional Use Permit approval by Section 9.30.070 (Conditions of Approval):

1. The proposed use of each live/work unit is a bona fide commercial or industrial activity consistent with Section C (Limitations on use);

2. The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed;

3. The structure containing live/work units and each live/ work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

4. Any changes proposed to the exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses.

1. Floor area requirements. The floor area of the work space shall be at least 30 percent of the total floor area. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

2. Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.

3. Facilities for commercial or industrial activities, location. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. The ground floor of a live/work unit shall be used only for nonresidential purposes.

ties, location.** A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. The ground floor of a live/work unit shall be used only for nonresidential purposes.

4. Integration of living and working space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space, and shall have no exterior access except as required by the Building Code.

5. Mixed occupancy structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.

6. Parking. Each live/work unit shall be provided with at least two off-street parking spaces. The review authority may modify this requirement for the use of existing structures with limited parking.

H. Additional Standards Applicable to Non-Transect Zones

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Chapter 6.20 Site Planning, Development, and Operating Standards for Certain Land Use

A. Conformance to Provisions

Mobile homes, mobile home parks, trailer parks, travel trailer parks and recreation vehicle parks, where allowed, shall conform to Title 25 of the California Administrative Code, the residential development standards in Chapter 3.30 (Non-Transect Zones), and the additional provisions of Section 6.30.050. The following standards also apply to mobile home subdivisions, unless otherwise specified.

B. Standards

The following requirements apply to mobile home parks and subdivisions to help integrated the development with adjoining neighborhoods in a way that will ensure the optimum benefit of residents of the mobile home park or subdivision and of the larger community.

1. Consistency with the General Plan. All development shall be consistent with the goals and policies of the General Plan and with the uses and density/intensity standards of the applicable General Plan designations.

2. Maximum site area. 50 acres or as may be imposed under permit approval to assure compatibility of the use within the area or to assure that the size of a park or subdivision is not so great as to preclude the proper development of the surrounding area.

3. Maximum density. Maximum density for mobile home park or subdivision shall not exceed 4,500 square feet per space.

4. Completion of construction . Prior to occupancy of the first mobile home, not less than 50 mobile home lots shall be prepared and available for occupancy.

5. Parking requirements. The overall parking ratio shall be two parking spaces for each mobile home lot. At least one parking space shall be provided on, or immediately adjoining to, each mobile home lot, in compliance with Chapter 4.50 (Parking Standards).

6. Access, Access Drives

• a) All access drives within a mobilehome park shall be not less than 40 feet in width.

• b) All vehicular parking areas and drives shall be surfaced and graded in accordance with the requirements for local streets as contained in the Title 17 (Subdivisions).

• c) All mobilehome spaces shall have frontage on internal private drives. No mobilehome space shall have direct access to a public street or public alley.

• d) All mobilehome sites shall have access from an abutting improved and dedicated city street or highway.

• e) All points of vehicular access to and from public streets shall be approved by the Commission.

7. Pedestrian access. There shall be provided a system of landscaped pathways to be used exclusively by pedestrians. Pathways shall serve all mobile home lots and all buildings used in common. In the event such pathways are provided adjacent to driveways, the pedestrian pathway shall be at a grade height at least four inches higher than the adjacent driveway.

8. Setbacks. All structures and mobile homes shall be set back at least 20 feet from all property lines and streets or public rights-of-way. If a greater building line has been established by ordinance, it shall be observed. The setback area shall be landscaped and maintained in compliance with Chapter 4.40 (Landscape Standards).

9. Utilities. All utility transmission lines and utility connections shall be installed underground.

10. Enclosures

• a) Each mobilehome park and subdivision shall be completely enclosed within a fence and/ or hedge, in compliance with Section 4.40.080 (Fences and Screening).

• b) Enclosure may have driveway or pedestrian way openings, subject to approval by the Review Authority.

11. Height limits. The maximum height for:

• a) Mobile homes shall be 17 feet;

• b) Accessory structures shall be 17 feet; and

• c) Service facilities shall be 30 feet.

12. Drainage

• a) A drainage system shall be installed prior to occupancy of the park or subdivision and shall be continuously maintained in compliance with a

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plan approved by the City engineer.

• b) The plan shall include, but is not limited to, the following provisions:

• (i) All drainage originating on the site shall be contained on the same site, unless a plan for acceptance of such drainage to off-site sumps or other facilities has been approved by the City engineer.

• (ii) The method for transporting off-site drainage through a mobilehome park or subdivision shall be in compliance with the criteria for the 100-year flood.

• (iii) In the event that any drainage sump area located within the park has a water holding capacity of more than 18 inches in depth, the area shall be completely enclosed within a chain-link fence, six feet in height with vertical redwood slats.

13. Water distribution and sewage disposal systems

• a) All mobilehome parks and subdivisions shall be served by the city water system.

• b) A water distribution system shall be installed prior to occupancy of the park or subdivision and shall be continuously maintained, in compliance with a plan approved by the City engineer and the City fire department.

• c) All mobilehome parks and subdivisions shall be connected to the City sewer system.

• d) A sewage disposal system shall be installed prior to occupancy of the park or subdivision and shall be continuously maintained, in accordance with a plan approved by the City engineer.

D. Public Street and Highway Dedications and Improvements

1. Dedications. Street and highway dedications adjacent to mobilehome parks and subdivisions may be required by the Commission in accordance with the following standards:

• a) If the park or subdivision is adjacent to a major street, as shown on the General Plan Mobility Plan, the owner shall dedicate or make an irrevocable offer of dedication of all property lying within 55 feet of the centerline of such highway for public highway purposes, at no cost to the City.

• b) If the park or subdivision is adjacent to a secondary street, as shown on the General Plan Mobility Plan, the owner shall dedicate or make an irrevocable offer of dedication of all property lying within 45 feet of the centerline of such street for public street purposes, at no cost to the City.

• c) If the park or subdivision lies adjacent to the projected alignment of a planned local street which is necessary for circulation within the general area or neighborhood, the owner shall dedicate or make an irrevocable offer of dedication of all that property lying within 30 feet of the centerline of such street for public street purposes, at no cost to the City.

• d) If the park or subdivision is adjacent to an adopted specific plan or official plan line, the owner shall dedicate or make an irrevocable offer of dedication of all property lying within the specific right-of-way line for public street purposes, at no cost to the City.

14. Other laws, regulations and ordinances . All applicable County and State laws and regulations concerning the development and operation of mobile home parks and subdivisions shall be observed. Nothing contained in this Section shall be construed to abrogate, void, or minimize other pertinent requirements of law.

C. Standards Specific to Mobile Home Subdivisions

1. Street Widths. All internal streets within the mobilehome subdivision, either privately owned or publicly dedicated, shall not be less than 50 feet in width.

2. Access, Access Drives. A minimum of two means of ingress and egress to a public street shall be provided

2. Improvements.

• a) Improvements may be required by the Commission at no cost to the City, in accordance with Title 17 (Subdivisions).

• b) Required street and highway improvements shall include any necessary tie to existing pavement and shall be under permit of the City or the state division of highways as appropriate.

E. Recreational Areas and Facilities

1. Mobilehome parks

• a) If a mobilehome park contains 10 or more mobilehome spaces, or if a mobilehome park combined with a recreational vehicle park as a secondary use contains a combination of 10 or more mobilehome spaces and recreational vehicle spaces, an open area

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of land devoted to, and landscaped for, recreational use shall be provided within the park.

• b) Such recreational area shall be no less than 5,000 square feet, plus an additional 100 square feet for each space in excess of 25 spaces.

2. Required recreational areas may be divided into more than one location, provided no single location contains less than 1,000 square feet.

3. No building or mobilehome shall occupy a required recreational area, excepting buildings and structures necessary or used and devoted to recreational uses, such as recreation buildings, swimming pools, swimming pool accessory buildings, saunas, playgrounds with or without equipment, picnic areas, or other im-

proved open space areas.

4. No required front, side, or rear setback of the park, or any mobilehome space, recreational vehicle space, or storage area may be counted toward the requirement for recreational space.

5. The required recreational space shall be accessible to all occupants of the park and shall not be used for any purpose other than recreational use of the occupants of the park.

6. All required open space areas shall be maintained consistent to a landscaping plan in compliance with Chapter 4.40 (Landscape Standards).

Restaurant activity may occur within a public sidewalk or open space per the following:

1. Furniture such as tables, chairs, umbrellas and portable heaters are allowed to be placed within the sidewalk if the furniture is:

• a) located either adjacent to the building or near the curb;

• b) clear of required ADA access;

• c) maintained in a manner that does not become detrimental to the function and appearance of the sidewalk or that presents potential safety hazards;

• d) approved by the Director as being compatible with the building's facade and the general streetscape.

consumed shall be delineated by decorative stanchions and/or potted plants or other such approved method;

3. If alcohol is served, such activity shall be in compliance with FMC 12-326;

4. The area along the sidewalk shall not be enclosed with any feature taller than 4 feet except for landscaping which shall not obscure views into the sidewalk dining area;

5. Music is allowed when it does not become detrimental to the function of the sidewalk;

• f) The area shall be kept free of debris or other such trash.

2. If alcohol is served, the area where alcohol is to be

A. Purpose

There shall be no more than one second dwelling per lot.

B. Locational Requirements

In compliance with Section 22 of Article XX, California Constitution:

1. No pub, bar, or off-site alcohol sales establishment shall be located within the immediate vicinity of churches and hospitals.

2. No pub, bar, or off-site alcohol sales establishment shall be permitted within 600 feet schools, public playgrounds and nonprofit youth facilities.

3. The use shall not be permitted where there is evidence that normal operation of the premises could adversely affect the public safety, health and general welfare of the neighborhood.

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A. Purpose and Application

1. This section provides for the establishment of new accessory dwelling units on existing lots in any zones allowing single family residences.

2. To develop an accessory dwelling unit the lot shall already contain a legally established principal dwelling unit.

3. The accessory dwelling unit may be occupied by family members, guests, servants, or employees of the property owner or used as a rental unit.

4. Pursuant to Government Code Section 65852.2 (b), accessory dwelling units are deemed to be in conformance with the density limitations established by the general plan land use category applicable to the area within which the unit is located.

B. Limitation on Use

There shall be no more than one accessory dwelling per lot.

Prior to building permit issuance, the property owner shall either sign a covenant to be recorded that requires the owner to occupy either the primary or accessory dwelling, or enter into an affordable housing agreement requiring that one of the dwellings be rented at the lower-income household. The restricted rental rate of one of the dwellings shall be for a period of 30 years. The Affordable Housing Agreement may be rescinded if the owner agrees to record a covenant that one of the dwellings shall be owner occupied.

E. Development Standards

An accessory dwelling shall comply with all development standards of the zone, except for density and as provided in Section 6.30.070.

1. Maximum size. The maximum area for a detached accessory dwelling shall not exceed 1,000 square feet. The maximum area for a second dwelling attached to the primary residence shall not exceed 30 percent of the existing living area.

2. Utilities. Water and sewer services shall be adequate to serve the accessory dwelling.

C. Timing of Construction

An accessory dwelling may be constructed simultaneously with, or after the primary residence. An existing residence that complies with the standards for an accessory dwelling in this Section may be considered an accessory dwelling, and a new primary residence constructed.

D. Owner Occupied

3. Off-street parking. All parking shall be in compliance with Chapter 4.50 (Parking Standards).

F. Design Standards

The accessory dwellings shall be subordinate in size and appearance to the primary residence. The architectural design, materials, and color shall be compatible with the

A. Purpose

Section 6.20.150 establishes development standards consistent with Federal law to regulate the placement and design of communication facilities by Use Permit so as to preserve the unique visual character of the City, promote the aesthetic appearance of the City, and to ensure public health, safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the City.

B. Applicability

The location, permit requirements, and other provisions of Article 3 (Specific to Zones) shall apply to all communications facilities, except for City owned telecommunications facilities. All communication facilities shall also comply with all applicable requirements of State and Federal law.

C. Permit Requirements

1. Use Permit or Minor Use Permit. Use Permit approval is required for all communications facilities cubject to Article 3 (Specific to Zones), except for the following, which shall require approval of a Minor Use Permit. The

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Director shall ensure through the Minor Use Permit approval that each of the following facilities complies with the intent and all applicable requirements of Article 3 (Specific to Zones). The Director may also choose to defer action and refer any of the following facilities to the Commission for consideration as a Use Permit application.

• a) An antenna that is installed, placed, and maintained under the roofline of an existing structure, or above, behind, and below an existing approved roof screen and does not extend above the highest point of the structure, or is camouflaged within an existing structure so as not to be visible from a public right-of-way or other property.

• b) A communication facility in which the antenna is mounted on a mast less than 10 feet high and is not visible from a public right-of-way.

• c) An amateur and/or citizens band antenna operated by a person holding a license issued by the FCC in compliance with 47 C.F.R. Part 97, and used solely in connection with that license, and which shall be subject to the "minimum practicable regulation to accomplish the local authority's legitimate purpose," in keeping with the order of the FCC known as "PRB 1," FCC 85 506, released September 19, 1985; provided that there shall be no more than one antenna support structure on a single lot and that the antenna structure complies with the height limits of the applicable zone.

2. Exemptions from Use Permit requirements. The following communication facilities shall be exempt from Use Permit requirements.

• a) Replacement or modification of previously allowed facilities or equipment determined by the Director to be of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the ancillary related equipment at the site.

• b) An antenna that is one meter (39.37 inches) or less in diameter or diagonal measurement, that is designed: (i) To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or (ii) For subscribing to a multipoint distribution service.

• c) A satellite earth station (SES) antenna of two meters (78.74 inches) or less in diameter or diagonal meas-

urement, located in a commercial or industrial zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas may require a Building Permit and approval of the placement by the Director to ensure maximum safety is maintained and promote the aesthetic appearance of the City. These antennas shall be placed, whenever possible, on the top of buildings as far from the edge of rooftops as possible.

3. Application requirements . In addition to the information required for a Use Permit and/or Minor Use Permit application by Article 9 (Procedures), an application for a communication facility shall include:

• a) Consistent with all limitations imposed by Federal law, certification by a licensed engineer that is acceptable to the Director that the proposed facility will at all times meet standards set by the Federal Communication Commission (FCC) and comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency emissions.

• b) A report, if required by the Police Department, to evaluate the potential for interference (e.g., HF, UHF, VHF, 800 mHz) with public safety communication equipment. The applicant shall be responsible for paying any costs incurred by the City, including the costs of retaining consultants, to review and analyze the report.

• c) The applicant shall submit a visual impact analysis, which may include photomontage, field mock-up, or other techniques, which demonstrates the visual impacts of the proposed facility. Consideration shall be given to views from public areas. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. The analysis shall also consider the potential of future utility undergrounding construction. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.

• d) A Master Plan of all existing facilities and planned future facilities within the City and surrounding area. The Master Plan shall consist of the following components:

• (i) A written description of the type of technology

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the company/carrier will provide to its customers over the next five years (i.e. Cellular, PCS, etc) and a description of consumer services to be offered (i.e. voice, video and data transmission);

• (ii) A description of the radio frequencies to be used for each technology;

• (iii) A map of the City and surrounding area showing the five year plan cell sites and planned coverage;

• (iv) A written list of existing, proposed and anticipated cell sites of the service provider over a five year period;

• (v) A description of the location of the cells and the types of installations, including antennas and equipment.;

• (vi) A site plan of the lot, right-of-way, premises or lot showing the exact location of the proposed facility (including all related equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures, and property lines.

• (vii) Co-location/Height Justification: The applicant shall provide justification as to why the proposed height is necessary and why co-location on an existing site is not feasible or desirable (if applicable).

• (viii) Building elevations and roof plan (for building and/or rooftop-mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures, and landscaping from all sides.

• (ix) Proposed landscaping and/or non-vegetative screening (including required safety fencing) plan for all aspects of the facility.

• e) Documentation certifying the applicant has obtained all applicable licenses or other approvals required by the Federal Communication Commission to provide the services proposed in connection with the application.

• f) A service provider who intends to establish multiple wireless Telecommunications Facilities within the City is encouraged to apply for the approval of all facilities under a Use Permit. Under this approach, all proposed facilities requiring a Use Permit may be acted upon by the City as a single Use Permit application, ensuring feasibility of long range company projections.

4. Communications consultant may be required. In the event that the City needs assistance in understanding the technical aspects of a particular proposal,

the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. This service will be provided at the applicant's expense.

5. Required findings for Use Permit approval. The approval of a Use Permit or Minor Use Permit for a communication facility shall require that the Review Authority make the following findings, in addition to those required for Use Permit approval by Section 9.30.070 (Use Permit):

• a) The communication facility complies with all applicable requirements of Article 3 (Specific to Zones); and

• b) The communication facility will not adversely impact the character and aesthetics of any public right-ofway.

6. Co-location required. A new communication facility shall be co-located with existing facilities and with other planned new facilities whenever feasible, and whenever determined by the Review Authority to be aesthetically desirable. A service provider shall colocate a new communication facility with non-communications facilities (e.g., light standards, water tanks, and other utility structures) where the Review Authority determines that this collocation will minimize the overall visual impact.

• a) A service provider shall exhaust all reasonable measures to co-locate their communications facilities on existing towers or with or within existing ancillary support equipment facilities before applying for a new communication facility site.

• b) Each service provider shall provide the City with evidence that they have contacted all other potential providers who have, or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and have offered to participate in a joint installation project on reasonable terms.

• c) In order to facilitate collocation, Use Permit conditions of approval for a new facility shall require each service provider to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where determined by the Review Authority to be feasible and aesthetically desirable.

7. City-owned property. Consistent with all limitations

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imposed by Federal law, a communication facility shall not adversely affect the public health, safety or welfare. In order to best benefit the citizens of Tehachapi from this necessary community impact, the Review Authority shall always consider City-owned sites as the highest priority for the location of communication facilities.

D. Facility Design and Development Standards

1. Each proposed communication facility shall comply with the following standards:

• a) Facility placement

• (i) A roof-mounted antenna on a structure that complies with applicable height limits shall be set back from the nearest roof edge the equivalent of the height of the tower or a minimum of 10 feet, whichever is greater.

• (ii) A ground-mounted communication facility (including towers and antennas) shall be located as far as possible from all property boundaries, and set back from the property line at a ratio of 1.5 horizontal feet for every one foot of height, where feasible unless a location closer to property boundaries reduces visual impacts as viewed from public areas.

• (iii) A tower or antenna shall be set back from any site boundary or public right-of-way by a minimum of 25 feet, if feasible. No part of any tower shall extend into a required setback or beyond a property line of the site.

• (iv) Communication facilities other than towers and antennas shall be located either within a structure, underground, in a rear yard (not visible from a public right-of-way) or on a screened roof top area. A ground-mounted facility that is located within a front or side setback or within a public right-of-way shall be underground so that the facility will not detract from the image or appearance of the City.

• b) Height limitations

• (i) All ground mounted communication equipment, antennas, poles, or towers shall be of a minimum functional height.

• (ii) The height of a tower located on the ground shall not exceed 60 feet, except the Review Authority may grant an exception to allow towers of up to 80 feet where it determines that the increased height is necessary for adequate coverage, and the tower will co-locate service providers.

• (iii) The height of a communications facility located

on a structure other than a dedicated support tower shall not exceed 20 feet above the highest point of the structure and shall at no time exceed the height allowed by the applicable zone unless approved with a Use Permit.

• (iv) An antenna mounted on the side of a structure shall not extend above the structure's parapet so that it is visible from below against the sky.

• c) Colors and materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a non-reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color. All groundmounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the Director or shall be adequately secured to prevent graffiti.

• d) Screening, landscaping. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Ground mounted facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Review Authority. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.

• e) Additional screening and landscaping. As part of project review, the Review Authority may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to public right-of-ways.

• f) Power lines. All power lines to and within a communication facility site shall be underground.

• g) Backup power supplies. Backup generators shall only be operated during periods of power outages.

2. All building and roof-mounted wireless telecommunications facilities and antennae shall be designed to appear as an integral part of the structure where feasible and located to minimize visual impacts.

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3. The placement of new antennae and facilities shall not be physically obstructive or visually intrusive and shall be designed to be visually compatible with the character of the surrounding area.

E. Operation and Maintenance Standards

ning Manager. The Review Authority may also require a landscape maintenance agreement.

4. Site inspection required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in Article 3 (Specific to Zones).

1. Contact and site information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. The applicant shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include the following: a) Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

• b) Name, address, and telephone number of a local contact person for emergencies;

• c) Type of service provided; and

• d) Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.

2. Facility maintenance. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible.

5. Exterior lighting. Lighting of antenna structures and their electrical support equipment is prohibited, except as required by any order or regulation of the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). The lighting shall be constructed or located so that only the intended area is illuminated and off site glare is fully controlled. Light fixtures shall be low wattage, hooded, and downward directed.

F. Discontinuance and Site Restoration

All equipment associated with a communication facility shall be removed within 30 days of the discontinuance of the use and the site shall be restored to its original pre-construction condition, subject to the approval of the Planning Manager. The service provider shall provide the City with a notice of intent to vacate a site a minimum of 30 days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.

vacate a site a minimum of 30 days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.

3. Landscaping maintenance. All trees, foliage, and other landscaping elements on a communication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall require approval by the Plan-

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Chapter 6.20 Site Planning, Development, and Operating Standards for Certain Land Use

A. Purpose

The purpose of Section 6.20.160 is to establish standards for short term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with Article 3 and Section 6.20.160.

B. Applicability

1. Short term activities. A Temporary Use allows short term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

2. Categories of land uses . The following two categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

• a) Exempt temporary uses. Exempt temporary uses are identified in Section C, below; and

• b) Temporary uses requiring a Temporary Use Permit. Temporary uses requiring a Temporary Use Permit are identified in Section D, below.

C. Exempt Temporary Use

The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit (Chapter 9.70). Uses that do not fall within the categories defined below shall comply with Section D, below.

1. Contractors’ construction yards – on-site

• a) On-site contractors’ construction/storage yard(s), in conjunction with an approved construction project on the same parcel.

• b) The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2. Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the Council.

3. Garage/yard sales. Garage/yard sales (e.g., personal property sales) only when conducted on residentially zoned property in compliance with the following standards:

• a) Only one garage/yard sale may be conducted within any four-month period and the sale shall be limited to not more than three consecutive days or to two consecutive weekends not to exceed four days in all.

• b) All signs advertizing a garage/yard sale shall be in compliance with Article 7 (Signs). All garage/yard sale signs shall be removed within 24 hours following the final close of the sale.

• c) The sale shall not be conducted between the hours of 8:00 p.m. of any day and 7:00 a.m. of the following day.

• d) The sales shall not encroach or be made on or from public streets or rights-of-way.

• e) No licensed retail or wholesale dealer shall be allowed to consign or offer for sale any goods or merchandise or participate in any private sale authorized by Section 3.

• f) Any garage/yard sale not in compliance with the conditions specified in Section 3 is hereby declared to be unlawful and a public nuisance.

D. Allowed Temporary Use

The following temporary uses are allowed on private property, subject to the issuance of a temporary use permit, in compliance with Chapter 9.70.

1. Contractors’ construction yards – off-site . The temporary use of a site for an off-site contractor’s construction/storage yard(s). The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2. Events

• a) Entertainment events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, and other similar events as determined by the Director for a period not to exceed 10 days twice per year, separated by at least 30 days between uses. These events shall be conducted at least 200 feet away from any residence.

• b) Outdoor sales displays. Outdoor sales displays, except in the downtown, conducted by a retail business holding a valid Business License, issued in compliance with Municipal Code Chapter 5.04 (Business Permits), may be allowed a maximum of four outdoor sale events (excluding City sponsored activities). For

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purposes of this Subsection an outdoor sales display shall be no longer than four consecutive days in duration.

• c) Outdoor sales events. Outdoor sales events conducted by a retail business holding a valid business permit at a single fixed location, issued in compliance with Municipal Code Chapter 5.04 (Business Permits), may be allowed a maximum of four outdoor sale events (excluding City sponsored activities). For purposes of this Subsection an outdoor sales event shall be no longer than four consecutive days in duration.

• c) Outdoor sales events. Outdoor sales events conducted by a retail business holding a valid business permit at a single fixed location, issued in compliance with Municipal Code Chapter 5.04 (Business Permits), may be allowed a maximum of four outdoor sale events (excluding City sponsored activities). For purposes of this Subsection an outdoor sales event shall be no longer than four consecutive days in duration.

• d) Seasonal sales events. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) only by businesses holding a valid business permit, in compliance with Municipal Code Chapter 5.04 (Business Permits) not to exceed 40 days for pumpkin and tree sales. All other seasonal sales shall not exceed four events per year with a maximum of five days for each event.

• d) The minimum yards for the zone shall be maintained.

• e) Additional conditions necessary and appropriate to ensure compatibility with surrounding development, existing and contemplated, may be imposed on the approved permit.

5. Temporary real estate sales office and model home

• complex. One temporary real estate office may be located in any approved subdivision in any zone in the City.

• a) The office shall be used only for the sale of property located within the subdivision in which the office is located.

• c) The temporary real estate office shall be removed at the end of two years following the date of the recording of the final map of the subject subdivision in which the office is located.

• d) If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions.

E. Permit Required

No temporary use shall be allowed without first obtaining a Temporary Use Permit in compliance with Chapter 9.80 and with Municipal Code Chapter 5.04 (Business Permits).

3. Storage of structures or equipment. Temporary storage structures within residential areas, not to exceed 30 days.

4. Mobile homes. A mobile home to be utilized as a temporary dwelling in a residential zone while a single family dwelling is under construction on the same parcel shall be allowed subject to all of the following provisions:

• a) The mobile home may only be located and occupied while actual construction activities are taking place upon the parcel. In no case may the period of placement and use exceed 12 months.

• b) The mobile home may only be occupied by the property owner; who is also the builder designated on the building permit, and the owner’s/builder’s family.

• c) City may require surety adequate to ensure the timely removal and compliance with all conditions of approval may be required in compliance with Section 9.90.050 (Performance Guarantees).

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