Certain activities and uses, due to their nature, create more significant impacts upon the community than others. As a result, specific regulation of these activities and uses is warranted. The purpose of this chapter is to identify and regulate such uses in districts permitting those uses, in order to ensure the maintenance of the public health, safety and welfare in accordance with the goals, objectives, policies and implementation programs of the general plan.

(Prior code § 9-11.010)

The activities and uses covered or described in this chapter, where permitted within the district in which they are to be located, shall comply with the provisions of this chapter, in addition to all other standards and provisions of this title.

(Prior code § 9-11.020)

A.

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

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

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

B.

Applicability. Adult businesses may be permitted subject to issuance of a conditional use permit pursuant to Section 16.16.050(B) the requirements of the underlying district, and the requirements of this section.

C.

Location of Adult Businesses.

1.

All adult businesses or similar uses including adult business, personal services restricted and general retail—restricted as defined in this title, shall be located in accordance with Table 16.36.030(A), "Permit Required Per District" and this section.

2.

No adult businesses shall be established within:

a.

Five hundred (500) feet of any parcel containing public or private educational facilities;

b.

Five hundred (500) feet of any parcel containing youth-oriented facilities;

c.

Five hundred (500) feet of any parcel containing religious institutions;

d.

Five hundred (500) feet of any parcel containing a park, library, or public facilities;

e.

Five hundred (500) feet from any parcel containing another adult business;

f.

Two hundred (200) feet from any parcel containing a residential use;

g.

Two hundred (200) feet from any residential zoning district;

h.

Five hundred (500) feet from any hotel, motel, bed and breakfast inn, or other transient lodging of a non-adult business nature.

3.

The distances provided in this section shall be measured in a straight line from the closest property line of the adult business to the closest property line of any of the preceding uses.

D.

Development Standards. In addition to the minimum development standards for either the GC and HC districts, including, but not limited to, parking and design review, the following additional requirements shall be met by all adult business uses:

1.

Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city.

2.

No adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

3.

No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any existing noise restrictions or standards which may be adopted by the city. The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

4.

The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the city's community development department director. No person under the age of eighteen (18) years shall be permitted within the premises at any time.

5.

The adult business shall not be located, in whole or in part, within any portable structure.

6.

The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would increase the demand for parking spaces beyond the number of spaces for the business, as required by the zoning ordinance.

7.

The adult business shall not conduct any massage, acupuncture, tattooing, acupressure, or escort services and shall not allow such activities on the premises.

8.

Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six feet above the ground.

9.

All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

10.

Except as specifically provided in this section, the adult business shall comply with the zoning, parking, signage, development and design standards applicable to the zoning district in which the business is located.

11.

The adult business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subdivision shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore, and which does not provide restroom facilities to its patrons or the general public.

12.

Each adult business shall be provided with a manager's station which shall be used for the purpose of supervising activities within the business. At least one employee shall be on duty on the premises and situated at each manager's station during all times that the adult business is open to the public.

13.

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

14.

It shall be the duty of the owner(s) and also the duty of all employees present to ensure that the individual viewing areas remain unobstructed by any doors, walls, persons, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area which has been designated as an area in which patrons will not be permitted in the application filed pursuant to these regulations.

15.

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

16.

No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for the viewing of adult material or other forms of entertainment, having doors, curtains, or portal partitions, unless such individual viewing areas containing booths, stalls, or partitioned portions have at lease one side open to the manager's station and is visible to such manager's station. Any booth, stall, or partitioned portion of an individual viewing area authorized under this subdivision shall be constructed so as to allow twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.

17.

The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

a.

No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. "Entertainer" means any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

b.

The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

c.

The adult business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

d.

The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

e.

No entertainer acting within the scope of their employment, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer.

f.

Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

g.

At least one security guard shall be provided on the premises at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty.

18.

An on-site security program shall be prepared and implemented including the following items:

a.

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

b.

All interior portions of the adult business, except those areas devoted to motion pictures, shall be illuminated during all hours of operation with lighting system which provides a minimum maintained horizontal illumination of not less than two footcandles (twenty (20) luxes) (two candlepower) of light evenly distributed on the floor surface;

c.

Security guards for other adult businesses may be required if it is determined by the chief of police that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.

The foregoing applicable requirements of this subsection shall be deemed conditions of a conditional use permit for an adult business and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

E.

Application Requirements.

1.

In addition to the submittal and review requirements for a conditional use permit as specified in the city's development code, the following must be submitted prior to an application being deemed complete:

a.

The name and permanent address of applicant;

b.

The name and proposed business address of the applicant. If the applicant is a corporation, the name be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five (25) percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;

c.

A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;

d.

A diagram of the premises showing a floor plan thereof specifying where the specific entertainment uses are proposed to be conducted within the building, the location of one or more manager's stations, the location of all overhead lighting, fixtures, and designating any portion of the premises in which patrons will not be permitted;

e.

Hours of operation and the admission fee, if any, to be charged;

f.

The name or names of the person or persons who have the management or supervision responsibilities of the applicant's business and of any entertainment;

g.

A statement of the nature and character of the applicant's business if any, to be carried on in conjunction with such entertainment;

h.

A site area map showing the proposed business location and plotting of all uses listed in subsection (C)(2) of this section;

i.

A mailing list of all property owners within one thousand (1,000) feet of the proposed business location.

2.

Prior to the scheduling of the conditional use permit for a public hearing, the police department shall complete a background investigation of all parties identified in subsection (E)(1)(a) and (f) of this section.

F.

Inspections. An applicant or permittee shall permit representatives of the police department, health department, building and fire department, community development department, or other city departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law and the development standards applicable to adult businesses, at any time it is occupied or opened for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

G.

Required Findings for Approval. Prior to the planning commission approving or conditionally approving a use permit for an adult business, the following findings of fact shall be made in lieu of those findings required pursuant to Section 16.16.050(D):

1.

The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city;

2.

There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety;

3.

The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area;

4.

That the conduct of entertainment, as proposed by the applicant, if permitted, will comply with all applicable laws, including, but no limited to, all city, county and state regulations; and

5.

The applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the city in conjunction therewith.

H.

Regulations Nonexclusive. The provis-ions of this section regulating adult businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council.

I.

Violations/Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of these provisions regulating adult businesses shall be guilty of a misdemeanor; and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued.

J.

Public Nuisance. In addition to the penalties set forth in subsection I of this section, any adult business which is operating in violation of these provisions regulating adult businesses is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

K.

Additional Public Hearing Notices. The public notice required for a public hearing for a conditional use permit proposing an adult business use shall include mailed notices to all property owners located within one thousand (1,000) feet of the exterior boundaries of the parcel on which the business is proposed to be located. This shall be in addition to the notice requirements contained in Section 16.12.160.

L.

Severability. If any section, subsection, or clause of this section is held to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. The city council declares that it would have adopted the ordinance codified in this section regardless of the fact that one or more sections, subsections, sentences, clauses, or phrases may be determined to be unconstitutional or invalid.

(Ord. 573 Exh. A (part), 2005; Prior code § 9-11.025)

Editor's note— Ord. No. 2025-002, § 4, adopted Feb. 11, 2025, repealed § 16.52.040, which pertained to antennas and satellite dishes and derived from Prior code § 9-11.030.

A.

Purpose and Intent. The noise and loitering commonly associated with arcades tend to decrease compatibility with adjacent and surrounding uses. In order to mitigate these impacts on other land uses, specific location limitations, development standards, and provisions need to be imposed on arcades and video machines.

B.

Applicability. This section applies to arcades that are, a primary use on a parcel. Arcades shall be permitted only in the general commercial (GC) district with approval of a conditional use permit. A conditional use permit shall also be required for existing arcades at such a time as those arcades apply for city permits for expansion or remodeling or any other development requiring a permit from the city.

C.

Minimum Development and Performance Standards.

1.

Structures. All structures shall be constructed to achieve a minimum standard transmission coefficient (STC) sound rating of 45-50.

2.

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

3.

Bicycle Racks. Bicycle storage racks shall be maintained off the public sidewalk to adequately accommodate bicycles utilized by arcade patrons.

4.

Telephones. At least one public telephone shall be provided at each arcade.

5.

Hours of Operation. The hours of operation shall be limited to between eight a.m. and ten p.m., every day of the week unless the arcade is accessory to a use with longer hours.

6.

Adult Supervision. One adult supervisor for every thirty (30) machines located in the arcade shall be present at all times during hours of operation. The adult supervisors shall be located so as to be able to readily observe all video machines and all areas of business.

7.

Noises. No amplified music shall be audible on the exterior of the premises.

8.

Smoking and Drinking. No alcoholic beverages or tobacco products shall be sold or consumed on the premises, and there shall be no smoking within the arcade. For the purposes of this chapter, "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product, including cannabis and cannabis products, intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electric smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. "Tobacco product" shall have the same meaning as that term is defined in Business and Professions Code Section 22950.5 as that section may be amended from time to time.

9.

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

(Prior code § 9-11.040)

(Ord. No. 701, § 3, 8-27-2019)

A.

Purpose and Intent. This section is to ensure that automobile dealerships (both new and used) do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-offs. The following special conditions shall apply to automobile dealerships.

1.

Applicability. All new automobile dealerships (for both new and used vehicles) shall comply with the development standards for the district in which they are located, and with the provisions of this section.

2.

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

3.

Vehicle Display Areas. Landscape and/or decorative curb strips shall be provided along the street frontage perimeter of all vehicle display areas. Width of strip and final design treatment shall be subject to review and approval by the architectural review committee.

4.

Screening. The site, including parking areas not used for vehicle display, shall be subject to applicable screening requirements in Section 16.48.130. Landscaping, to effect a ninety percent (90%) screen for a height of twelve (12) feet shall be required for interior side and rear yards abutting a residential district or use, subject to ARC approval.

5.

Lighting. All lighting shall comply with the provisions of Section 16.48.090 with special consideration for nearby residential uses.

6.

Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only within the following constraints. The dealership operator is deemed to be responsi-ble and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities; to the extent any such activities violate the provisions of this subsection.

a.

Loading and unloading of vehicles is limited to the hours of eight a.m. to six p.m. Monday through Saturday, excluding legal holidays.

b.

Off-loading shall be on-site, or off-site subject to the approval of the city engineer. Loading and unloading shall not block the ingress or egress of any adjacent property.

7.

Storage of Vehicles to be Repaired. No vehicles to be repaired shall be parked or stored on any public street or alley.

8.

Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of Section 16.52.210.

9.

Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. The queuing area or lanes shall be large enough to hold at least one and a half vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

10.

Noise Control.

a.

There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty-five (45) dBA at a boundary abutting a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened).

b.

All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties, and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting residences.

c.

Rooftop storage areas shall be screened with landscaping or noise absorbing materials to minimize noise impacts on adjacent properties.

11.

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

(Ord. 552 § 3, Exh. B (part), 2004: Prior code § 9-11.050)

The purpose of these standards is to ensure that automobile rental agencies do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage run-off.

1.

Repair of Vehicles. No vehicle repair work shall occur on the premises unless the rental agency is otherwise permitted and licensed to repair vehicles.

2.

Storage of Vehicles. No vehicles to be displayed, sold, rented or repaired shall be parked or stored on any street or alley. In addition, no rental cars shall be stored or parked with parking areas intended to meet the provisions of Chapter 16.56 of this title.

(Prior code § 9-11.060)

The purpose of these standards is to ensure that bed and breakfast inns located in residential districts conform to the existing residential character and do not create an adverse impact on adjacent properties.

A.

A conditional use permit shall be required for any bed and breakfast inn.

B.

Any proposed bed and breakfast inn shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.

C.

Excessive amounts of paving shall not be allowed. Areas devoted to parking and paving should not be disproportionate to the site size.

D.

Each bed and breakfast inn that provides food service to its guests shall comply with the provisions of the San Luis Obispo County health department, as well as all state laws regulating food handling establishments.

E.

All Uniform Building Code. and Fire Code requirements for the level of occupancy of the bed and breakfast inn shall be met.

F.

All environmental health regulations shall be met.

G.

The operator shall reside on the premises.

H.

Guest stays shall be limited to fourteen (14) days, with a seven-day period between stays.

I.

No meals, except for light refreshments, shall be served after eleven a.m. Only guests may be served, unless a restaurant is associated with the facility. No cooking shall be allowed in guest rooms.

J.

One non-internally illuminated sign may be displayed. The size, color, text and location shall be reviewed as part of the conditional use permit for the bed and breakfast inn. The words "hotel," "motel" or "bed and breakfast" shall not be allowed.

(Prior code § 9-11.070)

A.

Purpose and Intent. The purpose of this section is to ensure that drive-in, drive-through, fast-food and take-out restaurants do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area, consistent with the goals, objectives and policies of the general plan.

B.

Applicability. Drive-in, drive-through, fast-food or take-out restaurants may be permitted only with approval of a conditional use permit. These restaurants shall comply with the property development standards of the underlying district and the special conditions listed below, in addition to the performance standards listed in Section 16.48.120 of this title. The provisions of this section shall apply to all new drive-in, drive-through, fast-food and take-out restaurants and to any expansion of more than twenty (20) of the gross floor area or increase of more than twenty-five (25) of the number of seats in any existing restaurant. Floor area added for the purpose of compliance with state or local health laws or access requirements of the disabled shall not be included in floor area calculations of purposes of determining applicability of this section.

C.

Minimum Development Standards.

1.

Hours of Operation. When located on a site adjacent to, or separated by an alley from, any residentially zoned property, a drive-in, drive-through, fast-food or take-out restaurant shall not open prior to six a.m., nor remain open after ten p.m.

2.

Driveways. Drive-in and drive-through restaurants shall have two points of ingress/egress.

3.

Queuing. Drive-in and drive-through restaurants shall have a capacity for queuing a minimum of eight vehicles awaiting service. Queuing area shall not interfere with on or off-site circulation patterns and shall be reviewed and approved by the city engineer prior to approval of a conditional use permit.

4.

Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the city engineer and planning director prior to approval of a conditional use permit.

5.

Refuse Storage Area. A minimum of one outdoor trash receptacle shall be provided on-site adjacent to each driveway exit or as approved by the planning director. At least one additional on-site outdoor trash receptacle shall be provided for every ten (10) required parking spaces.

6.

Noise. Any drive-up or drive-through speaker system shall be limited to one that emits no more than fifty (50) decibels four feet between the vehicle and the speaker, and shall not be audible above daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area, and shall not be located within thirty (30) feet of any residential district or any property used for residential uses.

(Prior code § 9-11.080)

A.

Purpose and Intent. It is the purpose of this section to facilitate and encourage the provision of emergency shelters for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the industrial mixed use (IMU), highway mixed use (HMU), and the fair oaks mixed use (FOMU) zoning districts, subject only to the same development standards that apply to other permitted uses in these zones, except for the following requirements unique to emergency shelters, as authorized by Government Code Section 65583(a)(4).

B.

Permit Requirements.

1.

Emergency shelter facilities shall comply with all federal and California State licensing requirements.

2.

Emergency shelter facilities shall comply with all applicable Uniform Building Codes, Plumbing Codes and Fire Codes, including maximum occupancy restrictions.

C.

Minimum Site Design and Development Standards. An emergency shelter is subject to all property development standards of the zoning district in which it is located except as modified by the following standards:

1.

The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-four (34).

2.

Off-street parking shall include one vehicle parking space per three beds and one space per employee on the largest shift. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight bike parking spaces.

3.

Exterior lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public right-of-way, and of an intensity compatible with the neighborhood.

4.

Security shall be provided for residents, visitors and employees during the hours that the emergency shelter is in operation.

5.

On-site management shall be provided. The agency or organization operating the shelter shall comply with the following requirements:

a.

Temporary shelters shall be available to residents for no more than six months within a twelve (12) month period. The days of stay need not be consecutive.

b.

Staff and services shall be provided to assist residents to obtain permanent shelter and income.

c.

The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling and treatment programs for residents.

6.

Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

7.

Laundry facilities or services shall be provided that are adequate for the number of residents.

8.

Emergency shelter facilities shall provide a refuse storage area that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening that is large enough to accommodate standard-sized trash and recycling bins, or other enclosures as approved by the director of community development. The refuse enclosure shall be accessible to refuse collection vehicles.

9.

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

a.

Central cooking and dining room(s).

b.

Recreation room.

c.

Counseling center.

d.

Child care facilities.

e.

Other supportive services.

10.

Organized outdoor activities may only be conducted between the hours of eight a.m. and nine p.m. for noise abatement purposes.

11.

An emergency shelter shall not be located within three hundred (300) feet of another emergency shelter, kindergarten through 12 ^th grade curriculum school, child care center, or park as measured from the closest property line.

12.

No individual or household shall be denied emergency shelter because of an inability to pay.

(Ord. No. 677, § 5, 4-13-2016; Ord. No. 722, § 5, 7-25-2023)

A.

Special Site Development Standards.

1.

Where off-street parking areas are situated such that they are visible from any street, a wall, berm, or combination wall/berm three feet in height shall be erected between the required landscape area and the parking area to adequately screen the parking areas.

2.

Required front and street side building setback areas shall be landscaped. The landscaping shall consist predominantly of plant materials except for necessary walks and drives. Where off-street parking is located within such building setback areas, a minimum landscaping area of ten (10) feet in depth shall be provided between the property line and off-street parking area, with an additional minimum landscape area of ten (10) feet in depth between parking areas and buildings.

3.

Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

4.

Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities.

B.

Special Regulations for Recycling Facilities. Recycling facilities allowed within the industrial district shall include large collection facilities and processing facilities as defined in Section 16.52.140, and shall be subject to the following standards.

1.

Large Collection Facilities.

a.

Facility does not abut a property zoned or planned for residential use;

b.

Facility will be screened from the public right-of-way by operating in an enclosed building or:

i.

Within an area enclosed by a solid masonry wall at least six feet in height and screened with landscaping,

ii.

At least one hundred fifty (150) feet from property zoned or planned for residential use, and

iii.

Meets all applicable noise standards in this title;

c.

All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage excluding truck trailers and overseas container, will be visible above the height of the fencing;

d.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

e.

Space will be provided on site for six vehicles (or the anticipated peak customer load, whichever is higher) to circulate and to deposit recyclable materials;

f.

One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will otherwise be mandated by Chapter 16.56;

g.

Facilities shall be designed such that noise levels will not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA. Certification of such design will be required at the time of project approval;

h.

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

i.

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction and sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers shall be at least ten (10) feet from any building;

j.

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

k.

Sign requirements shall be in accordance with the provisions of Chapter 16.60. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;

1.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the conditional use permit.

2.

Processing Facilities.

a.

Facility does not abut a property zoned or planned for residential use;

b.

Processing facility will be screened from the public right-of-way by operating in a wholly enclosed building (except for incidental storage), or:

i.

Within an area enclosed on all sides by an opaque wall not less than eight feet in height and landscaped on all street frontages,

ii.

Located at least one hundred fifty (150) feet from property zoned or planned for residential use;

c.

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

d.

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

e.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

f.

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

g.

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers;

h.

One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by Chapter 16.52;

i.

Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA. Certification of such design will be required at the time of project approval;

j.

If the facility is located within five hundred (500) feet of property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is open;

k.

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

l.

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

m.

Sign requirements shall be in accord with the provisions of Chapter 16.60. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;

n.

No dust, fumes, smoke, vibration or odor above may be detectable on neighboring properties.

(Ord. 557 § 3, Exh. C (part), 2004)

On parcels that are two and one-half acres or larger in size located within any district, the following agricultural uses shall be permitted or conditionally permitted.

A.

Permitted Uses.

1.

All types of agricultural, horticulture and grazing, excluding concentrated feed lots or commercial poultry enterprises, shall be permitted subject to the following stipulations:

a.

The total number of goats, sheep and other cleft-hoofed animals excepting cattle and horses, shall not exceed the standards of Section 16.48.040 of this title.

b.

Aviaries shall not exceed a total of fifty (50) birds per acre of gross site area.

c.

The retail sale of products raised on the property shall be permitted but shall exclude retail nursery sales and the commercial sale of animals permitted for grazing purposes.

d.

Apiaries are permitted provided that all requirements of Chapter 6.24 are met.

2.

Conditionally Permitted Uses. The following uses shall be permitted subject to the issuance of a conditional use permit as provided in Section 16.16.050 of this title.

a.

Frog farms;

b.

Fish hatcheries or farms for their stocking, breeding, or commercial sale;

c.

Worm farms;

d.

Commercial and noncommercial dog kennels, training schools, animal shelters, and breeding establishments that incorporate outside holding pens, runs, etc.;

e.

The propagation, processing and wholesale distribution of nursery plant stock, including the on-site sale of related materials and supplies associated with landscape improvement and/or maintenance operations, where the sale of such non plant-related nursery stock is clearly incidental and related to the stock propagated onsite for distribution. However, outdoor storage and display shall be limited solely to the retail sale of the nursery plant stock;

f.

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

(Prior code § 9-11.090)

A.

Purpose and Intent. The purpose of these regulations is to ensure that the operation and maintenance of commercial and noncommercial kennels does not create a nuisance or otherwise impair the enjoyment of surrounding properties.

B.

Performance Standards for Commercial and Noncommercial Kennels.

1.

All kennels shall comply with the provisions of Title 6 of this code.

2.

The kennel area shall be sound attenuated so that the noise level measured at the property line does not exceed standards set for the adjacent use.

3.

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

(Prior code § 9-11.100)

A.

Purpose and Intent. The purpose of these standards is to ensure that large family day care homes providing child care in residential districts do not adversely impact the adjacent neighborhood. While large family day care homes are needed by Arroyo Grande residents in close proximity to their homes, potential traffic, noise and safety impacts of this use need to be regulated in the interest of nearby residents and the children in the day care facility. It is also the intent of this section to allow family day care homes in residential surroundings to give children a home environment that is conducive to healthy and safe development.

B.

Permit Required. A minor use permit for a large family day care permit (see Section 16.16.190) shall be required for any large family day care facility. Pursuant to Health and Safety Code Section 1597.46(b), large family day care homes shall not be subject to California Environmental Quality Act review.

C.

Performance Standards for Large Family Day Care Homes.

1.

Structures. Large family day care homes shall conform to all property development standards of the district in which it is located unless otherwise provided in this section and all requirements of Section 1597.46 of the California Health and Safety Code.

2.

Outdoor Play Area. The outdoor play area shall comply with the provisions of California Health and Safety Code governing child day care facilities. Stationary play equipment shall not be located in required front or side yard setbacks.

3.

Fences and Walls. For purposes of noise abatement, a six-foot high solid fence or wall shall be constructed on all property lines, except that, in the front yard, a fence or wall shall not exceed three feet in height on interior parcels. 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.

4.

Landscaping. On-site landscaping shall be consistent with that prevailing in the neighborhood.

5.

On-Site Parking. One on-site parking space for each staff person other than the homeowner shall be required in addition to the required parking for the residential building.

6.

Passenger Loading. The city engineer shall approve a passenger loading/unloading plan.

7.

Lighting. All lighting shall comply with the provisions of Section 16.48.110. If provided on the parcel, lighting shall be stationary, directed away from adjacent properties and public right-of-way except passenger loading areas, and of an intensity compatible with the residential neighborhood.

8.

Hours of Operation. For the purposes of noise abatement, large family day care homes in residential districts may operate Monday through Friday, between the hours of six a.m. and seven p.m.

9.

Outdoor Activity. For the purposes of noise abatement, outdoor activities for large family day care homes in residential districts may only be conducted between the hours of eight a.m. and seven p.m.

10.

Concentration of Uses. No large family day care home shall be located within one hundred fifty (150) feet of another such use.

11.

State and Other Licensing. All large family day care homes shall be state licensed and shall be operated according to all applicable state and local regulations.

(Ord. 544 § 3, Exh. B (part), 2003; prior code § 9-11.110)

The purpose of these standards is to ensure that outdoor recreation facilities within or adjacent to a residential district do not adversely impact adjacent residential parcels of the surrounding neighborhood, and are utilized in a manner that protects the integrity of the district, while allowing for the enjoyment of a healthful, recreational activity.

1.

Fences and Walls. Outdoor recreational facilities shall conform to all property development standards of the district within which it is located, except that fences and walls surrounding such a facility may extend up to a maximum height of twelve (12) feet, provided the required front and side yard setbacks are complied with. There shall be a solid decorative screen on all sides located adjacent to public rights-of-way and residentially zoned parcels.

2.

Landscaping. Adequate landscaping to reduce the impact of the outdoor recreational area or increased fence height shall be provided.

3.

Lighting. Lights shall not be used after nine p.m. Monday through Friday, and ten p.m. Saturday and Sunday, unless a public outdoor recreational activity requiring lighting is already in progress. Lighting shall not exceed 0.5 foot candles at the property line.

(Prior code § 9-11.120)

Recycling facilities allowed within the general commercial (GC) district shall include reverse vending machines and small collection facilities as defined in Section 16.04.070, and shall be subject to the following standards.

A.

Reverse Vending Machines. Reverse vending machines may be approved subject to Plot Plan Review pursuant to Section 16.16.060 of this title only if the following conditions are met:

1.

The machines are established in conjunction with a commercial use or community service facility that is in compliance with this title and the building and fire codes of the city.

2.

The machines are located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

3.

The machines do not occupy parking spaces required by the primary use.

4.

The machines occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

5.

The machines are constructed and maintained with durable, waterproof and rustproof material.

6.

The machines are clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

7.

The machines have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.

8.

The machines are maintained in a clean, litter-free condition on a daily basis.

9.

The machines have at least the operating hours of the host use.

10.

The machines are illuminated to ensure comfortable and safe operation if operating hours are between dust and dawn.

B.

Small Collection Facilities.

1.

Small collection facilities, may be approved subject to plot plan review, only if the following conditions are met:

a.

The facilities are established in conjunction with an existing commercial use or community service facility that is in compliance with this title and the building and fire code of the city.

b.

The facilities are no larger than five hundred (500) square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

c.

The facilities are set back at least ten (10) feet from any property line and shall not obstruct pedestrian or vehicular circulation.

d.

The facilities use no power-driven processing equipment except for reverse vending machines.

e.

The facilities use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

f.

All recyclable material is stored in containers or in the mobile unit vehicle, and materials are not left outside of containers when an attendant is not present.

g.

The facilities are maintained free of litter and any other undesirable materials. Mobile facilities, where truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

h.

The operation of the facilities do not exceed noise levels of sixty (60) dBA as measured at the property line of residentially zoned or occupied property, and seventy (70) dBA at a nonresidential property line.

i.

The facilities do not impair the landscaping required by this title for any concurrent use by this title or any permit issued pursuant thereto.

j.

The facilities are adequately screened, and the design, height, materials and location of screening shall be approved by the planning director.

2.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

c.

The approval will be reconsidered at the end of eighteen (18) months.

d.

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

i.

For a commercial host use:

ii.

For a community facility host use: A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use.

3.

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.

4.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

5.

Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.

6.

Containers for the twenty-four (24) hour donation of materials shall be at least thirty (30) feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

7.

Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be dearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or containers.

8.

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum of twenty (20) percent per side of the facility or sixteen (16) square feet, whichever is less, however in the case of a wheeled facility, the side will be measured from the pavement to the top of the container;

b.

Signs must be consistent with the character of the location;

c.

Directional signs, bearing no advertising message, may be installed with the approval of the planning director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

d.

The planning director may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses pursuant to standards or criteria therefor established through the plot plan approval.

9.

If the plot plan review approval expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(Prior code § 9-11.130)

A.

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

B.

Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

2.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

4.

Required to correct a nonconforming zoning condition, as defined in subsection C.8 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C.

Definitions. As used in this section, terms are defined as follows:

1.

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a.

An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

b.

A manufactured home, as defined by section 18007 of the California Health and Safety Code.

2.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

3.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4.

"Efficiency kitchen" means a kitchen that includes all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

a.

It is no more than five hundred (500) square feet in size.

b.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

c.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

d.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

e.

It includes an efficiency kitchen, as defined in subsection C.4. above.

6.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

9.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

12.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D.

Approvals. The following approvals apply to ADUs and JADUs under this section:

1.

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

a.

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

i.

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

ii.

Has exterior access that is independent of that for the single-family dwelling; and

iii.

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

iv.

The JADU complies with the requirements of Government Code sections 66333 through 66339.

b.

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

i.

The side- and rear-yard setbacks are at least four feet.

ii.

The total floor area is eight hundred (800) square feet or smaller.

iii.

The peak height above grade does not exceed the applicable height limit in subsection E.2 below.

c.

Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

d.

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

i.

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

ii.

The peak height above grade does not exceed the applicable height limit provided in subsection E.2 below.

iii.

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

2.

ADU Permit.

a.

Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below.

b.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the most recent fee schedule approved by city council resolution.

3.

Process and Timing.

a.

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

b.

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

i.

The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or

ii.

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

c.

If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period established by subsection D.3.b above.

d.

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

E.

General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 or D.2 above:

1.

Zoning.

a.

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

b.

An ADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c.

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

2.

Height.

a.

Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed eighteen (18) feet in height.

b.

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

c.

An ADU that is located as a second story above an existing or proposed detached garage may be up to twenty-five (25) feet in height.

d.

An ADU that is attached to the primary dwelling may not exceed twenty-five (25) feet in height. Notwithstanding the foregoing, ADUs subject to this subsection E.2.d may not exceed two stories.

e.

For purposes of this subsection E.2, height is determined by measuring the vertical distance from the average finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.

3.

Fire Sprinklers.

a.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

b.

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

4.

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

5.

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

6.

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

7.

Owner Occupancy.

a.

ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

b.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection E.7.b does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8.

Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the community development department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a.

Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

b.

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

c.

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

d.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the community development director, providing evidence that the ADU or JADU has in fact been eliminated. The community development director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the community development director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

e.

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

9.

Building and Safety.

a.

Must comply with building code. Subject to subsection E.9.b below, all ADUs and JADUs must comply with all local building code requirements.

b.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official, in consultation with the community development director, makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.9.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F.

Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

1.

Maximum Size.

a.

The maximum size of a detached or attached ADU subject to this subsection F is one thousand two hundred (1,200) square feet.

b.

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

c.

Application of other development standards in this subsection F, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or front setback may require the ADU to be less than eight hundred (800) square feet.

2.

Setbacks.

a.

ADUs that are subject to this subsection F must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection F. must conform to twenty-foot front setbacks, subject to subsection F.1.c above.

b.

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

3.

Passageway. No passageway, as defined by subsection C.9 above, is required for an ADU.

4.

Parking.

a.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.12 above.

i.

Parking may be located on an existing driveway but shall not block sidewalk access or encroach into the public right-of-way.

ii.

Parking spaces located wholly or partially within a side yard must have a minimum clear space width of ten (10) feet. Vehicles shall not block exterior windows or doors of a dwelling or access to utility boxes or meters.

iii.

Vehicles must be parked on a concrete, asphalt, gravel, brick, or permeable paver surface.

iv.

No more than fifty (50) percent of a front yard shall be dedicated to vehicle parking.

b.

Exceptions. No parking under subsection F.4.a is required in the following situations:

i.

The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.11 above.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above.

iv.

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

v.

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

vi.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.4.b.i through v above.

c.

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

5.

Architectural Requirements.

a.

The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. Projects utilizing the city's pre-designed ADU plans or factory building housing are not subject to this standard.

b.

The exterior lighting must be limited to down lights or as otherwise required by the building or fire code.

c.

When a garage is converted to an ADU, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering and detailing.

d.

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

e.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

f.

Second floor living area shall be setback five feet from the ground floor footprint.

g.

Window sashes and doorframes shall be made of wood or vinyl. Unfinished aluminum is not allowed.

h.

The use of fluorescent "neon", "day-glo", or bright primary colors as the predominant shade on building facades is not permitted. For purposes of this standard, predominant means that the color is used on more than fifty (50) percent of the wall area.

i.

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

j.

Rooftop decks are prohibited on all detached ADUs.

6.

Historical Protections. An ADU that is on or within five hundred (500) feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G.

Fees. The following requirements apply to all ADUs that are approved under subsections D.1 or D.2 above.

1.

Impact Fees.

a.

No impact fee is required for an ADU that is less than eight hundred (800) square feet in size. For purposes of this subsection G.1, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b.

Any impact fee that is required for an ADU that is eight hundred (800) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2.

Utility Fees.

a.

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

b.

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

c.

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

i.

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

ii.

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

H.

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

1.

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

2.

Unpermitted ADUs and JADUs constructed before 2020.

a.

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

i.

The ADU or JADU violates applicable building standards, or

ii.

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 16.52.150).

b.

Exceptions:

i.

Notwithstanding subsection H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.

ii.

Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

I.

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

(Ord. 584 § 3, Exh. B (part), 2007; Ord. 573 Exh. A (part), 2005; Ord. 541 § 1, 2003: Ord. 519 § 1, 2000: prior code § 9-11.140)

(Ord. No. 645, § 5, 8-28-2012; Ord. No. 688, § 2, 10-24-2017; Ord. No. 717, § 2, 9-27-2022; Ord. No. 729, § 4, 3-26-2024; Ord. No. 733, § 4(Exh. A-1), 12-10-2024)

A.

Purpose and Intent. The purpose of this section is to ensure that self-storage warehouse operations, commonly known as "mini-warehouses," do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, visual blight, or use indirectly supportive of illegal or criminal activity. The special conditions contained in this section are intended to serve to differentiate self-service storage warehousing uses from more intensive wholesale or general warehousing uses, especially in regard to the differing parking requirements for these uses.

B.

Applicability. All self-storage warehouses shall comply with the property development standards for the district in which it is to be located and with the special standards listed below. The provisions of this section shall apply to all new self-storage warehouse uses and to all existing facilities at such a time as the storage area of the existing business is expanded.

C.

Minimum Development Standards.

1.

Business Activity. No business activity shall be conducted other than the rental of storage spaces for inactive storage use.

2.

Enclosure. All storage shall be fully enclosed within a building or buildings.

3.

Hazardous Materials. No flammable or otherwise hazardous materials shall be stored on-site.

(Prior code § 9-11.150)

A.

Purpose and Intent. The purpose of these standards is to ensure that service stations do not result in an adverse impact on adjacent land uses, especially residential uses. While service stations are needed by residents, visitors and employees in this city, the traffic, glare and uses associated with service stations, particularly those open twenty-four (24) hours per day, may be incompatible with nearby uses, particularly residential uses. Mini-markets in service stations may cause greater impacts because they are more likely to serve people passing through the city from other communities than nearby residents, and they tend to attract a higher incidence of crime. Therefore, in the interest of protecting the health, safety, and general welfare of the city and its residents, special regulations are hereby imposed on service stations, consistent with the goals, objectives, and policies of the general plan.

B.

Applicability. Service station uses may be permitted in applicable districts only with approval of a conditional use permit, unless a change of ownership or name or similar circumstance is proposed. All service stations shall comply with the property development standards for the district in which it is to be located, and with the special conditions below. The provisions of this section shall apply to all new service stations and to any expansion of twenty (20) percent or greater in floor area, or a remodeling, or any on-site development that would cost more than fifty (50) percent of the value of the improvements on the parcel at the time of remodeling, excluding land value. The provisions of this section shall also apply to a service station which after being closed for more than one hundred and eighty (180) days is to be reopened.

C.

Minimum Development Standards.

1.

Setbacks. No building or structure shall be located within twenty (20) feet of any curb face, or within ten (10) feet of any interior parcel line, whichever is more.

2.

Corner Locations. Service station buildings, mini-markets, and other permitted incidental service station related use proposed at corner locations shall be oriented away from the street frontage. Rear building elevations shall be oriented toward the corner and shall have architectural details consistent with the overall design theme.

3.

Gasoline Pumps. Gasoline pumps shall be at least twenty (20) feet from any property line.

4.

Canopies. Canopies shall be at least ten (10) feet from any property line and shall be attached to and architecturally integrated with the main structure.

5.

Walls. Service stations shall be separated from adjacent property by a decorative masonry wall of not less than six feet in height. Materials, textures, colors and design of all walls shall be compatible with on-site development and adjacent properties. No wall required to be erected and maintained by the provisions of this section shall be constructed within five feet of a driveway entrance or vehicle access way opening onto a street or alley that would obstruct a cross view of pedestrians on the sidewalk, alley, or elsewhere by motorists entering or exiting the parcel.

6.

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

7.

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

a.

A minimum of twenty (20) percent of the site shall be landscaped including a planting strip at least five feet wide along all interior parcel lines, non-driveway street frontages, and adjacent to buildings. Parcels abutting residential districts shall be subject to the provisions of Section 16.36.040(B)(1). Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than three feet above the average adjacent grade.

b.

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

c.

All landscaped areas shall be properly maintained in a neat, orderly and safe manner. Such landscaping and maintenance shall include, but not be limited to, the installation and use of an automatic irrigation system, permanently and completely installed, that delivers water directly to all landscaped areas.

8.

Access and Circulation. No more than two driveways with a maximum width of thirty-five (35) feet each and separated by a distance approved by the city engineer shall be permitted on any one street frontage and shall be located as follows:

a.

Driveways shall not be located closer than fifty (50) feet from the beginning of the curb return of a street intersection, fifteen (15) feet from a residential property line or alley, nor as to otherwise interfere with the movement and safety of vehicular and pedestrian traffic, subject to the approval of the city engineer.

b.

All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty (50) feet of a residentially zoned property, and shall be oriented away from public rights-of-way.

9.

Air and Water. Each service station shall provide air and water to customers without charge and at a convenient location during hours when gasoline is dispensed.

10.

Restrooms. Each service station shall provide a men's and women's public rest room that are accessible to the general public and physically disabled during all hours the service station is open to the public. Restrooms shall be attached to a structure on-site with entrances or signage clearly visible from the gasoline service area or cashier station, and concealed from view of adjacent properties by planters of decorative screening and shall be maintained on a regular basis.

11.

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

12.

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

13.

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

a.

The dispensing of petroleum products, water, and air from pump islands;

b.

Replacement service activities such as wiper blades, fuses, radiator caps, and lamps;

c.

Minor repair work taking less than one hour to perform;

d.

The sale of items from vending machines placed next to the main building in a designated area not to exceed thirty-two (32) square feet, and screened from public view;

e.

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

f.

Motor vehicle products displayed along the front of the building and within thirty-six (36) inches of the building, limited to feet in height and not more than ten (10) feet in length.

14.

Refuse Storage and Disposal. Trash areas shall be provided and screened according to the provisions of Section 16.48.130.

a.

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

b.

Refuse bins shall be provided and placed in a location convenient for customers.

c.

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

15.

Equipment Rental. Rental of equipment such as trailers and trucks shall be permitted subject to the following restrictions:

a.

The rental equipment does not occupy or interfere with the required parking for the automobile service station.

b.

The rental of the equipment is clearly incidental and secondary to the main activity on the site.

16.

Operation of Facilities. The service station shall at all times be operated in a manner not detrimental to surrounding properties or residents. Site activities shall not produce or be reasonably anticipated to produce any of the following:

a.

Damage or nuisance from noise, smoke, odor, dust or vibration;

b.

Hazard from explosion, contamination or fire;

c.

Hazard occasioned by the unusual volume or character of traffic, or the congregating of a large number of people or vehicles.

17.

Security Plan. A security plan shall be developed by the applicant and approved by the police chief prior to approval of a conditional use permit.

D.

Abandoned or Converted Service Stations.

1.

Service stations that become vacant or cease operation beyond one hundred eighty (180) days shall be deemed abandoned and the owner shall be required to remove all underground storage tanks, unless waived by the fire department, all gasoline pumps and pump islands, and freestanding canopies.

2.

In order to prevent abandonment, the owner must supply the planning director with written verification prior to the one hundred eightieth day that an allocation of gas has been delivered and operation of the station will commence within thirty (30) days of the date of written correspondence. If operation of the station does not commence within thirty (30) days, the service station shall be deemed abandoned.

3.

If an abandoned service station is to resume operation and is allowed in the district in which it is located, then the planning director shall require the processing and approval of a conditional use permit to ensure that the facilities will be brought into conformity. This could include such things as, but not limited to, planting existing landscape areas, installing new landscape areas, painting of structures, upgrading or installing trash enclosure, striping parking spaces, installation of signs in conformance with adopted sign provisions in Chapter 16.56, resurfacing vehicle access and parking areas, and installation of missing street improvements. A variance request may be processed concurrently with the conditional use permit if the applicant cannot conform with all applicable development standards.

E.

Converted Service Stations. Buildings and structures that were originally designed as a gasoline service station and that are proposed to be used for another use shall be subject to a conditional use permit. The conversion of the facilities to another use shall require bringing the facility into conformance for such things as, but not limited to, removal of all gasoline appurtenances and underground storage tanks, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, missing street improvements or modification of existing improvements to conform to access regulation, and exterior remodeling. A variance request may be processed concurrently with the conditional use permit if the applicant cannot conform with all applicable development standards.

(Prior code § 9-11.160)

A.

Purpose and Intent. The purpose of this section is to permit sidewalk cafes that enhance the pedestrian ambiance of the city, but to also ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the general plan.

B.

Applicability. Sidewalk cafes may be permitted in all districts that permit restaurant uses. Each sidewalk cafe shall comply with the property development standards for the district in which it is to be located and with the special conditions below.

C.

Minimum Development Requirements.

1.

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

2.

Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area. Awnings shall be adequately secured, retractable, and shall comply with the provisions of the Uniform Building Code adopted by the city.

3.

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

4.

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 the sidewalk cafe on the public sidewalk or right-of-way. Sidewalk cafes shall remain clear of litter at all times.

5.

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

(Prior code § 9-11.170)

A.

Purpose and Intent. The purpose of these standards is to ensure that commercial parking facilities and surface parking lots adjacent to residential districts will not adversely impact the environment of the nearby residents or diminish the integrity of the residential district.

B.

Permit Required. Plot plan review shall be required prior to construction or expansion of a commercial parking lot.

C.

Minimum Development Standards.

1.

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

2.

Use of Required Yards. Within the various districts adopted pursuant to this title, no parking shall be permitted within the required front and side setback. Parking may be permitted within the required rear setback provided that parking does not extend to within ten (10) feet of the rear property line. Setback areas shall be landscaped in addition to the landscaping requirements included in Chapter 16.56 for parking areas.

3.

Landscaping. A surface parking lot shall be subject to the landscaping requirements of the district in which it is located in addition to the landscaping requirements for off-street parking facilities (Chapter 16.56).

4.

Vehicle Access. Vehicle access between parking lots and public streets shall be located a minimum of forty (40) feet or a greater distance if practical from any residentially zoned parcel.

5.

Bumper Guards. Bumper guards shall be provided for all parking stalls for the protection of required walls, fences and landscaping.

(Prior code § 9-11.180)

A.

Purpose and Intent. The purpose of this section is to ensure that the construction of swimming pools and recreational courts within residential districts as accessory uses is consistent with the predominant residential character of the neighborhood.

B.

Permit Required. Swimming pools and recreational courts may be permitted as accessory uses to the primary residential uses. A building permit is required.

C.

Swimming Pools.

1.

Swimming pools shall be set back a minimum of five feet from the rear and interior side property lines and ten (10) feet from a street side property line to the water line.

2.

Swimming pools shall be located within the rear one-half of the lot or fifty feet (50) from the front property line, whichever is less.

3.

Filter and heating systems or other pool equipment shall not be closer than twenty (20) feet to any dwelling other than the owner's.

4.

No pool shall occupy over forty (40) percent of the required rear yard.

D.

Recreational Courts.

1.

The maximum height of fences enclosing recreational courts shall be six feet, unless a conditional use permit is obtained allowing a greater height.

2.

Recreational courts shall be set back a minimum of ten (10) feet from side and rear property lines.

3.

All lighting shall be:

a.

Designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet, measured outside of the lot at the lot line;

b.

Used only between the hours of seven a.m. and ten p.m.

4.

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

5.

The above standards shall be considered minimum standards. The appropriate approval authority may impose more stringent standards in cases where extraordinary site conditions exist.

(Prior code § 9-11.190)

A.

Purpose and Intent. The purpose of this section is to provide for the mitigation of potential noise, fumes, litter and parking problems associated with motor vehicle repair shops. The special conditions contained in this section are intended to ensure that vehicle repair facilities operate harmoniously and are compatible with adjacent and surrounding uses. In the interest of protecting the health, safety, and general welfare of the city and its residents, special conditions shall be imposed on repair and equipment installation facilities, consistent with the goals, objectives and policies of the general plan.

B.

Applicability. Repair facilities may be permitted in the applicable commercial and industrial districts only with approval of a conditional use permit. Each vehicular repair facility, including one that is part of and incorporated within a vehicle dealership, shall conform to the development standards of the district in which it is to be located, and with the development standards for automobile dealerships set forth in this title, and with the additional development standards that follow.

C.

Minimum Development Standards.

1.

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

2.

Structures. Entrances to individual service bays shall not face public rights-of-way or abutting residential parcels. All structures shall be constructed to achieve a minimum Standard Transmission Coefficient (STC) sound rating of 45-50.

3.

Repair Activities. All repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

4.

Enclosure. Repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials and doors in maximum half open position during operating hours. All painting shall occur within a fully enclosed booth.

5.

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

6.

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

7.

Hazardous Material. Any handling, treatment, storage or use of hazardous material shall be subject to the requirements of Section 16.48.100 of this title.

(Prior code § 9-11.200)

A.

Purpose. To limit the development of large retail stores by restricting their ability to sell nontaxable items to such an extent that they negatively impact the rural, small town character of the city and change existing land use patterns.

B.

Findings.

1.

The city through its general plan, has identified protection of its rural, small town character and existing land use patterns as a primary goal.

2.

Large retail stores that sell nontaxable items compete with existing retail centers in a manner that may have potential adverse impacts on the rural, small town character of the city.

3.

Such large retail stores would also negatively impact existing smaller stores and their workforces making the existing rural, small town shopping centers less viable; thus degrading the continued existence of existing retail stores and existing land use patterns.

4.

The burdens on the public of large new stores can only be ameliorated by ensuring that they provide sufficient sales tax revenue to the city.

C.

Applicability. No new store may be constructed in excess of ninety thousand (90,000) square feet, nor an existing store expanded, if the resulting total square footage will exceed ninety thousand (90,000) square feet, unless it meets the standards for the sale of nontaxable merchandise set forth below.

D.

Limits on Nontaxable Sales.

1.

If total square footage for sales is to exceed two hundred fifty thousand (250,000) square feet, no more than one percent of total square footage may be devoted to nontaxable merchandise.

2.

If total square footage for sales is to exceed one hundred forty thousand (140,000) square feet, no more than two percent of total square footage may be devoted to nontaxable merchandise.

3.

If total square footage for sales is to exceed ninety thousand (90,000) square feet, no more than three percent of total square footage may be devoted to nontaxable merchandise.

For purposes of the above calculations, only enclosed sales area will be considered. "Enclosed sales area" does not include restrooms, office space, breakrooms, backrooms, storage space, open-air garden sales space, etc. Conversions of such space to enclosed retail sales space shall bring the project under the restrictions of the above-described limits. The total square footage and percentage for nontaxable sales shall include subleased and subcontracted departments.

E.

Enforcement.

1.

The applicant, owner and tenant shall be jointly and severally liable to the city and all other affected government agencies for all sales taxes lost as a result of a violation. In addition, they shall be liable for liquidated damages of one thousand dollars ($1,000.00) per day for each day a violation occurs, which reflects the city's estimate of its likely damages in addition to lost taxes.

2.

In addition to subsection (E)(1) of this section, the city attorney may seek injunctive relief to stop the continued violation of this section.

3.

The city may recover its full costs, including attorney fees, in any action to enforce the provisions of this section.

4.

Any taxpayer or resident of the city shall have standing to enforce the provisions of this section including recovery of all costs and reasonable attorney fees.

(Prior code § 9-11.210)

A.

Purpose and intent. The purpose of these regulations is to ensure that vacation rentals located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties.

B.

Applicability. Vacation rentals may be permitted only with approval of a minor use permit. Vacation rentals shall comply with the property development standards of the underlying district and the performance standards and special conditions listed in Section 16.52.230.C.

C.

Performance standards and conditions for vacation rentals.

1.

Operators of vacation rentals are required to obtain a minor use permit-plot plan review (Section 16.16.080) and a business license.

2.

Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood

3.

All Building Code and Fire Code requirements for the level of occupancy of the vacation rental shall be met.

4.

All environmental health regulations shall be met.

5.

The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen-minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person or entity shall respond, either in person or by return telephone call, with a proposed resolution to the complaint within three hours between seven a.m. and nine p.m., and within thirty (30) minutes between nine p.m. and seven a.m. Vacation rental applicants shall be required to pay the city's fee at the time of application to generate mailing labels for all property owners within three hundred (300) feet. An emergency contact shall be deemed unresponsive if no response is provided to a call for assistance. Three instances of unresponsiveness within a twelve-month period shall be grounds to initiate revocation proceedings.

6.

The operator of the vacation rental shall annually, at the time of renewal of the business license, notify the community development department of the name, address and telephone number of the contact person required in subsection 16.52.230.C.5.

7.

A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection 16.52.230.C.5. The notice shall also set forth the address of the vacation rental, the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency number of the Arroyo Grande Police Department.

8.

On-site advertising of the vacation rental is prohibited.

9.

The number of overnight occupants shall be limited to two persons per bedroom and two additional persons. A bedroom shall meet the minimum size requirements as defined in the Building Code.

10.

All refuse shall be stored in appropriate containers and timely placed at the curb for collection every week.

11.

The operator of the vacation rental shall pay Transient Occupancy Tax ("TOT") as required by Arroyo Grande Municipal Code Section 3.24.030.

12.

Establishment of a vacation rental within five hundred (500) feet of an existing short term rental or school shall not be permitted.

13.

Violations - violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16.16.220.

14.

Vacation rentals shall not be approved within planned unit developments (PUDs).

15.

The total number of approved vacation rentals within the city shall not exceed ninety (90). Once the cap is reached, complete applications will be added to a waiting list that will be processed on a first-come-first-served basis if new approvals become available.

16.

Vacation rentals must remit a minimum amount of TOT to the city at least once every six months, the amount shall be established by resolution of the city council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted TOT the previous fiscal year, otherwise revocation proceedings shall be initiated.

17.

The listed emergency contact for a vacation rental shall not be un-responsive to neighborhood complaints three times within a twelve-month period, otherwise revocation proceedings shall be initiated. An emergency contact shall be deemed unresponsive if no response is provided to a call for assistance.

18.

Revocation proceedings shall be initiated if two citations are issued by a city official or two arrests are made within a twelve-month period due to rental guest behavior.

19.

Vacation rentals shall be required to provide two off-street parking spaces for use by rental guests. These spaces shall be kept free and clear and the rental guest shall be made aware of their location for preferred use during the duration of the stay.

(Ord. No. 663, § 2, 6-10-2014; Ord. No. 718, § 2, 10-11-2022)

A.

Purpose and Intent. The purpose of these regulations is to ensure that homestays located in the city conform to the existing character of the neighborhood in which they are located and do not create an adverse impact on adjacent properties.

B.

Applicability. Homestays may be permitted only with approval of a minor use permit. Homestays shall comply with the property development standards of the underlying district and the performance standards and special conditions listed in subsection C.

C.

Performance Standards and Conditions for Homestays.

1.

Operators of homestays are required to obtain a minor use permit-plot plan review (Section 16.16.080) and a business license.

2.

Any proposed homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses with the neighborhood.

3.

All Building Code and Fire Code requirements for the level of occupancy of the homestay shall be met.

4.

All environmental health regulations shall be met.

5.

The operator shall reside on the premises during the entire duration of the rental stay.

6.

Individual guest stays shall be limited to fourteen (14) days, with a seven-day period between stays.

7.

On-site advertising of the homestay is prohibited.

8.

A bedroom shall meet the minimum size requirements as defined in the Building Code.

9.

The operator of the homestay shall pay Transient Occupancy Tax ("TOT") as required by Arroyo Grande Municipal Code Section 3.24.030.

10.

Establishment of a homestay within five-hundred (500) feet of an existing short term rental or school shall not be permitted.

11.

Violations. Violation of these requirements shall constitute grounds for revocation of the minor use permit pursuant to Section 16.16.220.

12.

Homestays must remit a minimum amount of TOT to the city at least once every six months, the amount shall be established by resolution of the city council and shall be equivalent to half of the average annual TOT remitted by all homestays that have remitted TOT the previous fiscal year, otherwise revocation proceedings shall be initiated.

13.

Revocation proceedings shall be initiated if two citations are issued by a city official or two arrests are made within a twelve-month period due to rental guest behavior.

(Ord. No. 663, § 3, 6-10-2014; Ord. No. 718, § 3, 10-11-2022)

A.

Purpose and Intent. The purpose and intent of these regulations is to ensure that parklets located in the city conform to the existing character of the area in which they are located and do not create an adverse impact on adjacent properties.

B.

Application and Approval.

1.

Operators of parklets within the right of way are required to obtain a Minor Use Permit—Plot Plan Review pursuant to AGMC 16.16.080, and an Encroachment Permit pursuant to AGMC Section 13.26.

2.

Operators of parklets shall pay a parking space rental fee of five percent of the parking in-lieu fee for each space annually.

3.

Operators of parklets shall pay a rental fee for city-owned safety barriers.

4.

Upon vacation by a parklet operator of the premises adjoining the parklet, the minor use permit-plot plan will terminate.

5.

Existing operators of temporary parklets shall have ninety (90) days from the date of ordinance adoption October 11, 2022 to submit an application for a permanent parklet and removal of an existing temporary parklet. All temporary parklets shall be removed within six months of the ordinance adoption date of October 11, 2022.

C.

Performance Standards and Conditions.

Location:

1.

A parklet shall only be located in designated on-street parking areas.

2.

A parklet shall not block sight distance at intersections or driveways. Accordingly, a parklet shall not be located less than twenty-five (25) feet from a roadway intersection, adjacent driveway, or other points of off-street access which require line of sight standards as required by the city's engineering standards. The final location of a parklet will vary based on the proposed parklet design, and shall be subject to review and approval by the community development director.

3.

A parklet shall not be located closer than five parking spaces or ninety (90) feet from any other parklet.

4.

Parklets are prohibited in disabled parking zones, parking areas of thirty (30) minutes or less, and no-parking zones.

5.

A parklet may not cover or impede access to any utility equipment, utility pole, fire hydrant, parking permit kiosk, or utility access such as manhole covers, drainage inlets, stormwater drainage flow lines and equipment shelters, subject to review by the city public works director and fire chief.

6.

The parklet shall not extend beyond the building frontage of the business utilizing the parklet without written consent from the adjacent business.

Parklet Design:

7.

Parklets shall consist of no more than two adjoining parking spaces, or forty (40) feet in length. When a parklet is shared by two or more businesses, the parklet length may be extended up to eighty (80) feet in length and no more than four adjoining parking spaces.

8.

A parklet's walls or railing shall not have a continuous height that exceeds forty-two (42) inches. Any parklet features, furnishings or vegetation shall maintain a generally open, see-through aesthetic in and out of the parklet. Columns or other vertical framing for overhead elements are permitted. All elements of a parklet shall have a maximum height limit no higher than the first floor of the adjacent building. All parklets shall maintain a vertical walkway clearance height of at least eight feet.

9.

The depth (dimension measured perpendicular to curb) of a parklet shall be no less than the minimum dimension required to meet ADA accessibility requirements. Portions of the required parklet depth may be located within an existing sidewalk area as long as the sidewalk encroachment does not reduce the pedestrian path of travel to a width of less than four and a half feet in the public right of way.

10.

A parklet shall include an element that ensures public safety by providing a barrier or fortified railing between moving vehicles and parklet users. These barriers shall either be well articulated or allow for plants or vegetation for screening.

11.

Parklets shall have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards.

12.

A parklet shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards. Compliance with ADA standards is required with respect to design elements of the parklet, as well as for adjacent areas that may be impacted by the parklet. Parklets shall use a slip-resistant flooring material to minimize hazards and shall be accessible to wheel-chair users.

13.

The four corners of a parklet shall have a reflective element or other clearly visible design feature, such as a soft-hit post, bollard, or raised pavement marker, to illuminate the parklet at night and signify the parklet envelope.

14.

Parklets shall be consistent with the village design guidelines.

15.

The primary materials shall be stone, brick, wood, decorative concrete or composite wood. Wood materials such as lattice and T1-11 plywood siding, are prohibited.

16.

Color schemes shall consist of one primary color and one secondary color unless natural wood is used.

17.

Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way and all waste receptacles shall be emptied and maintained by the applicant in a neat and sanitary order. Parklets shall be kept clean and neat.

18.

Steam cleaning shall be completed at least once every six months by the parklet operator. Steam cleaning shall be consistent with Regional Water Quality Control Board regulations regarding illicit discharge.

(Ord. No. 719, § 2, 10-11-2022)

A.

Purpose. A tiny home on wheels that meets the definition in this section may be built and occupied as a residential unit, subject to the ministerial review and approval of an application if it complies with the standards of this section.

B.

Definition. A tiny home on wheels (THOW) is a structure built on a chassis and intended for separate, temporary, independent living quarters for one household that meets all of the following conditions:

1.

Is a detached self-contained unit, designed and built to look like a conventional building structure, and which includes basic functional areas that support normal daily routines such as cooking, sleeping, toilet and bathing facilities; and

2.

Is licensed and registered with the California Department of Motor Vehicles as a habitable structure; and

3.

Shall comply with the standards of, and be approved as one of the following types of structures: a HUD-Code manufactured homes, California Residential Code or California Building Code home, or park trailer certified by the Recreational Vehicle Industry Association or another agency recognized by HCD as capable of certifying a tiny home as suitable for habitation. The building official shall determine the appropriate construction standards based on the type of tiny home; and

4.

Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection, cannot move under its own power and is no larger than allowed by California State Law for movement on public highways; and

5.

Has a minimum living area of one hundred (100) square feet and maximum of four hundred (400) square feet as measured within the exterior faces of the exterior walls, but not including loft area.

6.

The use of recreational vehicles, as defined in Section 18010(a) of the California Health and Safety Code, or camping cabins are prohibited from being used as a tiny home on wheels.

C.

Criteria. Notwithstanding any other provision of this code to the contrary, a tiny home on wheels (THOW) shall be allowed as an accessory use to a single-family dwelling. A THOW cannot be attached to or located within a primary residence, or created through the conversion of an existing structure, and shall be subject to all of the following criteria:

1.

Number. One THOW shall be allowed in all residential zones with an existing single-family dwelling. No THOW shall be allowed if there is a permitted accessory dwelling unit. A THOW shall be removed prior to granting final occupancy for an accessory dwelling unit. The presence of a junior accessory dwelling unit, developed pursuant to AGMC Section 16.52.150, would not prohibit the construction of a THOW.

2.

Limitation on Use. A THOW shall not be utilized as a short-term rental of less than thirty (30) days.

3.

Location. A THOW shall be located behind the primary residence with a minimum setback of four feet from any interior side or rear property line, and ten (10) feet from a street side lot line.

4.

Parking and Surface. The THOW shall be parked on a paved or alternate pad that includes bumper guards, curbs, or other installations adequate to prevent movement of the THOW. The wheels and leveling or support jacks must sit on a paving surface that meet either of the following criteria:

a.

A parking area for a moveable THOW shall be paved with hard, durable asphaltic paving that is at least two inches thick after compaction, or with cement paving at least three inches thick; or

b.

Alternative paving materials may consist of porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, plastic or concrete grid system confined on all sides and filled with gravel or grass in the voids, or other similar materials that meet the following requirements:

i.

Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) millimeters (3.14 inches); and

ii.

Products and underlying drainage material shall be installed to meet manufacturers' specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications;

iii.

No additional parking shall be required for the THOW, and displaced parking resulting from the placement of THOW is not required to be replaced.

5.

Utilities. The THOW shall be connected to city water, and sewer utilities in compliance with the municipal code. A tiny home may be off grid for electrical and gas if it can be demonstrated that the unit has adequate heating and electrical power to the satisfaction of the building official. Gas powered generators are not allowed as a means to provide electricity to a THOW.

6.

Design. The THOW shall resemble the general appearance of a traditional home and incorporate all of the following design elements:

a.

Windows shall be at least double pane glass, and include exterior trim.

b.

Mechanical equipment shall be incorporated into the structure and not be located on the roof.

c.

Decks: Attached patios, decks, landings, or similar architectural features, whether covered or uncovered, shall be open on at least two sides and are limited to one hundred (100) percent of the floor area of the THOW. Rooftop decks are not allowed on THOW.

d.

Screening. The THOW undercarriage (wheels, axles, tongue and hitch) shall be hidden from view by use of skirting or landscaping.

7.

Height. A THOW shall not exceed one story or sixteen (16) feet in height, whichever is less.

8.

Addresses. No separate addresses shall be assigned for a THOW.

(Ord. No. 720, § 3, 11-22-2022)

A.

Purpose and Intent. It is the purpose of this section to facilitate the development of qualifying affordable housing units by implementing Program A.1-1 from the City of Arroyo Grande 2020-2028 Housing Element ("Program A.1-1") and codifying the statutory requirements found in California Government Code section 65583.2(c) governing the same.

B.

Applicability. This section applies to the following sites listed in Program A.1-1: Assessor's Parcel Numbers (APNs) 077-011-010, 077-204-028, 077-211-022, and 077-221-031.

C.

Effect. Residential projects allowed as a use by right under this section shall be exempt from discretionary review and any corresponding discretionary permits that would otherwise be required by Chapter 16.16 of this Code. For purposes of this section, "use by right" has the same meaning as provided in Government Code section 65583.2(i).

D.

Requirements. A proposed owner-occupied or multifamily residential project shall be allowed as a use by right under this section if all of the following requirements are satisfied:

1.

The project is located on a site listed in subsection (B) above.

2.

The project complies with all applicable objective city policies, development standards, and design standards established in the General Plan or Development Code. Where there is a conflict between other city requirements and this section, the provisions of this section apply.

3.

The minimum residential density is twenty (20) dwelling units per acre.

[4.]

At least twenty (20) percent of the units are affordable to lower income households in accordance with Government Code section 65583.2(c).

(Ord. No. 732, § 4, 8-27-2024)

A.

Purpose and Definitions.

1.

Purpose. These provisions are intended to allow transitional housing and supportive housing, as defined in Government Code Section 65582, and low barrier navigation centers, as defined in Government Code Section 65660, consistent with state law to ensure equality of treatment for all residential uses regardless of the occupant. Supportive housing helps provide housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives. Transitional housing is a subset of supportive housing used to facilitate the movement of people experiencing homelessness into permanent housing and independent living. A low barrier navigation center acts as a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. This section implements housing element programs J.2-2, J.2-3, and state law requirements applicable to transitional housing, supportive housing, and low barrier navigation centers. If this section conflicts with state law, state law shall govern.

2.

Definitions.

"Low barrier navigation center" has the same definition as Government Code Section 65660(a), as amended from time to time.

"Supportive housing" has the same definition as in Government Code Section 65582(n), as amended from time to time.

"Target population" has the same definition as in Government Code Section 65582(p), as amended from time to time.

"Transitional housing" has the same definition as in Government Code Section 65582(q), as amended from time to time.

B.

Transitional Housing and Supportive Housing

1.

General Application. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those provisions and development standards that apply to other residential dwellings of the same type in the same zone. Additionally, supportive housing shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Government Code Section 65650 et seq.

2.

Supportive Housing, Use by Right. To qualify for approval as a use by right, supportive housing must satisfy all of the requirements of Government Code Section 65650 et seq., including:

a.

Units within the development are subject to a recorded affordability restriction for fifty-five (55) years;

b.

One hundred (100) percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.

c.

At least twenty-five (25) percent of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred (100) percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

d.

The developer shall provide the city with the information required by Government Code Section 65652 pertaining to the developer's plan for providing supportive services for residents, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code Section 65651, and describing those services, which shall include:

i.

The name of the proposed entity or entities that will provide supportive services.

ii.

The proposed funding source or sources for the provided onsite supportive services.

iii.

Proposed staffing levels.

e.

Nonresidential floor area shall be dedicated for onsite supportive services and administrative office space in the following amounts:

i.

For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services.

ii.

For a development with more than twenty (20) units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

iii.

The total floor area dedicated to administrative office space shall not exceed twenty-five (25) percent of the total floor area.

f.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Government Code Section 65915.

g.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

3.

Parking Exception. If the supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654.

4.

Reduction in Residents. Notwithstanding any other provision of this section, the city shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for the supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

a.

The owner demonstrates that it has made good faith efforts to find other sources of financial support.

b.

Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.

c.

Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

5.

Processing Timelines. The city shall notify the applicant whether their supporting housing use application is complete within thirty (30) days of receipt of an application to develop supportive housing in accordance with this section. The city shall complete its review of the application within sixty (60) days after the application is complete for a project with fifty (50) or fewer units, or within one hundred twenty (120) days after the application is complete for a project with more than fifty (50) units.

C.

Low Barrier Navigation Centers

1.

Low barrier navigation centers are allowed as a use by right, as defined in subdivision (i) of Government Code Section 65583.2, in any zone that allows mixed use and nonresidential zones that allow multifamily uses. Low barrier navigation centers shall not be subject to a planned development permit or a conditional use permit if the application is in compliance with the following development and management standards:

a.

The low barrier navigation center offers services to connect people to permanent housing through a services plan that identifies services staffing;

b.

The low barrier navigation center is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect individuals to permanent housing. "Coordinated entry system" is generally described as a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals;

c.

The low barrier navigation center complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code;

d.

The low barrier navigation center has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information Systems, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations; and

2.

Within thirty (30) days of receipt of an application for a low barrier navigation center, the city shall notify the applicant whether the application is complete pursuant to Government Code Section 65943. Within 60 days of receipt of a completed application for a low barrier navigation center, the city shall act upon its review of the application.

(Ord. No. 2025-010, § 7(Exh. A-3), 10-14-2025)