Title. The provisions of this article shall be known as the "supplementary regulations" of this title.

Purpose. The provisions of Chapters 17.610 through 17.690 are applicable to certain principle and accessory uses which are common to more than one zone or uses which require more specific and/or additional regulations.

Chapter 17.610: Nonconforming Uses;

Chapter 17.620: Off-Street Parking;

Chapter 17.630: Landscaping and Screening;

Chapter 17.640: Signs;

Chapter 17.650: Accessory, Temporary and Service Uses;

Chapter 17.660: Encroachments into Required Yards;

Chapter 17.670: Animals;

Chapter 17.680: Oil and Gas Production;

Chapter 17.690: Adult Entertainment.

Title. The provisions of Chapter 17.610 shall be known as the "nonconforming use regulations" of this title.

Purpose. The purpose of the nonconforming use regulations is to provide for the general welfare and convenience of the public through the elimination of those nonconforming activities and facilities considered to be detrimental to the orderly growth and development of the city.

Any residential use in any zone;

Agricultural uses limited to the production of crops or plants, vines and trees and bulbs and seeds.

In any R or A zone or the OS zone where no buildings are employed in conjunction with a nonconforming activity or where any buildings or structures are incidental to a nonconforming activity and have an appraised value (for tax purposes) of less than two thousand dollars (or one percent of the current appraised value of the land, whichever is greater) the nonconforming activity shall be terminated by January 1, 1992.

Nonconforming signs shall be subject to termination pursuant to Section 17.640.012.

In any district where a nonconforming activity is being conducted in conjunction with or as an accessory to the use of the property as a residential use, such nonconforming activity shall be terminated by January 1, 1990 unless a home occupation permit is obtained.

In any zone of the city all nonconforming activities not subject to Section 17.610.005 or subsections 17.610.006A through C shall be terminated by January 1, 1990 unless a conditional use permit is obtained. Conditional use permit approval shall not terminate the nonconforming status of the activity except where the use is a conditional use within the zone in which it is located but shall establish the ultimate termination date of the activity based on the intensity of the activity, the value of the business or activity, the capability of the activity being converted to a conforming activity and the impact of the activity on surrounding property. In addition, conditions of approval may be imposed to assure compatibility of the activity with the neighborhood during the period pending its termination.

Any activity which is nonconforming by reason of noncompliance with the performance standards set forth in Section 17.200.004 shall be terminated by January 1, 1991 unless measures are adopted to conform therewith.

A building permit has been issued by the city no later than one year from the date when the nonconforming residential use ceased; and

The nonconforming use is determined to be single-family residential; and

The single-family dwelling was the place of principal residence of the property owner at the time the use was involuntarily terminated;

The nonconforming use and/or nonconforming facility was involuntarily terminated as a result of its damage or destruction by accident, fire, flood, earthquake or other act of nature.

Title. The provisions of this chapter shall be known as the "off-street parking and loading regulations" of this title.

Purpose. The purpose of the off-street parking and loading regulations is to provide for the general welfare and convenience of the public utilizing the various uses located within the city by providing the following:

Off-street parking and loading in compliance with the regulations of this chapter shall be required with the construction of any new building or structure, the addition to an existing building or structure, or with the relocation of a building or structure onto a different lot.

Off-street parking and loading in compliance with the regulations of this chapter shall be required at such time as the use of any land, building, structure or portion thereof is changed from a nonconforming use to a conforming use within a zone where the conforming use has off-street parking and loading requirements in excess of the previous use.

Additional off-street parking and loading in conformity with the regulations of this chapter shall be required at such time as the use of any land, building, a structure or portion thereof changes from one conforming use to another conforming use within a zone where the new use has off-street parking and loading requirements in excess of the previous use.

Off-street parking and loading requirements shall be established for a building, site or use at such time as a use permit, building permit, business license, or other approval is granted for a new building, new use of land or change in use of a building or land.

Subsequent changes in land use shall be permitted provided the overall requirement for spaces on the lot continues to be maintained.

Existing off-street parking and loading may not be reduced at such time as the use of any land, building or structure or portion thereof changes from one conforming use to another conforming use within a zone where the new use has off-street parking and loading requirements less than the previous use, except through the issuance of a conditional use permit.

If after calculating the number of required off-street parking spaces, a figure is obtained containing a fraction of one-half or more, one additional space shall be required. If such fraction is less than one-half, it may be disregarded.

When the requirement is based on number of seats, each twenty inches of pews, benches, bleachers or similar seating shall be counted as one seat.

When the parking requirement is based on floor area, "floor area" includes the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, employee cafeterias and upper floors, expressed in square feet measured from centerlines of joist separations and exteriors.

Whenever a single lot contains different uses which all have the same parking or loading requirement, the overall requirement shall be based on the total floor area or other applicable unit of measurement prescribed herein.

When a single lot contains uses with different requirements, the overall requirements shall be the sum of the requirements for each use calculated separately.

Where there is an addition to a building or structure, or increase in the amount of open land use, the addition of new floor area within an existing building, an increase in the number of dwelling units on the site, or otherwise an increase in the amount of parking required, additional off-street parking need only be required to the extent of that required for the addition or increased occupancy.

A conditional use permit shall be required in case of any unlisted use or a use for which the off-street parking and loading requirements cannot be clearly determined.

Single-Family Dwelling.

Two- and Three-Family Dwellings. A total of 0.5 assigned, covered spaces per zero-bedroom units (studios) and 1.5 assigned, covered spaces per one-bedroom unit. Two assigned spaces for each dwelling unit larger than one bedroom, all of which shall be covered;

Four- and More Family Dwellings. A total of 0.5 assigned, covered spaces per zero-bedroom units (studios) and 1.5 assigned, covered spaces per one-bedroom unit. Parking for units larger than one bedroom shall be provided for each dwelling unit in an apartment complex at a ratio of one assigned space which shall be covered plus one common space which may be uncovered;

Condominium or Similar Single-Family Residence Projects. Two assigned spaces which shall be enclosed within a garage, and two common spaces for each dwelling unit which may be uncovered;

Mobile Home Park. Two assigned spaces on each mobile home lot, one of which shall be covered, plus one of which may be covered, plus one common space for each two mobile home lots which may be uncovered;

Common parking spaces in mobile home park, apartment, condominium and similar projects shall be distributed throughout the project with some concentration near recreation, laundry and other community facilities;

Two-unit housing developments, as defined in Chapter 17.797, shall comply with the parking requirements set forth therein.

Temporary roadside stand for sale of agricultural products: five spaces which may be unimproved;

Agricultural processing uses: five spaces plus one space for each one thousand square feet of gross floor area, or one space for each one and one-half employees on a maximum shift, whichever is greater;

Contractor, material and equipment storage yards, transportation and trucking yards, building material yards and similar open land uses where any building is accessory to the use: five spaces, exclusive of company vehicle storage, plus one space for each two thousand square feet of gross site area;

Manufacturing: five spaces plus one space for each eight hundred square feet of gross floor area, or one space for each one and one-half employees on a maximum shift, whichever is greater;

Warehousing: five spaces plus one space for each one thousand square feet of gross floor area;

Building materials, hardware, nursery and garden supply: one space for each three hundred square feet of gross floor area plus one space for each one thousand square feet of open space area devoted to retail use, plus one space for each two thousand square feet of open area devoted to wholesale use or area restricted to employees only;

General retail sales: one space for each two hundred square feet of gross floor area;

Business, professional and financial offices: one space for each two hundred fifty square feet of gross floor area;

Automobile service station: three spaces plus five spaces for each auto service bay;

Eating and Drinking Places.

Hotels, motels and tourist courts, rooming and boarding houses: one space for each sleeping unit plus the required spaces for ancillary eating and drinking places, places of assembly or retail trade;

Automotive repair and service: five spaces plus five spaces for each repair or service bay or four hundred square feet of gross floor and open space area, whichever is less;

Motion Picture Theater. See subsection U of this section;

Bowling alleys: five spaces per alley plus an amount required for any ancillary eating and drinking place or other use;

Automotive, boat and mobile home and recreational vehicle dealer: one space for each three hundred square feet of gross floor area plus parking in an amount specified for automotive repair and service;

Offices of physicians, dentists and other health practitioners: one space for each two hundred square feet of gross floor area or five spaces per physician or dentist, whichever is greater;

Nursing and personal care facilities: five spaces plus one space for each three beds over ten. For nursing or convalescent homes one additional space for each one and one-half employees on a maximum shift shall be provided;

Hospitals: one space for each patient bed plus the required spaces for ancillary office, clinic, outpatient and similar uses;

Educational facilities:

Places of assembly such as religious sanctuary, funeral chapels, auditoriums, theaters, sports arenas, social hall, exhibition hall, dancehall, fraternal hall, meeting room: one space for each five fixed seats in principal assembly rooms or where seats are not fixed, one space for each fifty square feet of floor area;

Public stable: one space for every four horses authorized for boarding. Public stables shall provide the capability of off-street loading and storage of multi-horse vans and trailers as may be required as a condition of conditional use permit approval;

Billiard and pool room: five spaces plus two spaces for each table;

Golf course and/or driving range: five spaces for each hole plus one space for each driving range tee plus parking required for any bar, restaurant, retail, office or other ancillary use.

In each parking lot there shall be provided at least four bicycle spaces with a total of spaces to be provided equivalent to five percent of the total vehicle parking spaces in the lot.

Bicycle parking spaces may be integrated into the parking lot or may be separate.

Bicycle parking spaces shall have a minimum width of two feet and a length of six feet.

Bicycle parking spaces shall be located adjacent to bicycle paths and pedestrian walkways and shall be located on the site in a manner that will provide parking within fifty feet of the public entrance to each building or use.

For a building, structure or use which is in part used by the general public or for a publicly funded residential project there shall be provided parking for the physically handicapped in accordance with the following regulations:

Off-street Loading Spaces Required—General. Off-street loading spaces shall be required in accordance with the following schedule:

Off-street loading spaces required—specific: none at this time.

Off-Street Loading Space Regulations. Off-street loading spaces shall be designed and developed in accordance with the following regulations:

Exceptions. The provisions of this section shall not be applicable to the following:

Abandoned Vehicle. The parking or storage of an abandoned, wrecked, dismantled or inoperative vehicle in any zone is subject to Chapter 10.20, Abandoned vehicles.

Public Right-of-Way. The parking or storage of a vehicle, trailer or similar equipment within a public right-of-way in violation of applicable traffic codes, or for more than seventy-two consecutive hours, is prohibited (see Chapter 10.13 and the California Vehicle Code).

Residential District. The parking or storage of a vehicle or similar equipment is permitted in any residential district subject to these regulations. The vehicle or equipment must:

Type of senior housing project (congregate care, senior apartments, subsidized housing, residential care, etc.);

Availability of public transportation;

Provision of private van or bus service;

Mix of unit types with respect to number of bedrooms per unit.

Notwithstanding any proposed use, the parking requirement for buildings existing as of October 22, 1987 shall be at least one space for each nine hundred square feet of ground floor area and one space for each one thousand eight hundred square feet of basement or upper floor area.

An existing building may be substantially remodeled for purposes of historical preservation or restoration without the provision of off-street parking; provided:

If any existing building is increased in occupancy within the building through division thereby creating additional spaces for purposes of lease, franchise, rental or other occupancy above that existing on October 22, 1987, for each new commercial space created having an area of one thousand two hundred square feet or more, there shall be provided one parking space for each nine hundred square feet of floor area in the space or spaces created, and for each new commercial space created having an area of less than one thousand two hundred square feet, there shall be provided one parking space for each three hundred square feet of floor area in the space or spaces created. Such parking spaces shall be in addition to any existing parking spaces; however, the total parking spaces need not exceed the minimum required by subsection A of this section.

When the site of the use is located within an off-street parking assessment district to the extent of the amount of the benefit ratio determined by the district;

When the site of the use can be annexed to an off-street parking assessment district and upon payment to the district of the costs of the required off-street parking spaces;

By payment of the costs of the required off-street parking spaces into a trust fund to be administered by the city for the provisions of future off-street parking facilities;

Where costs of required off-street parking are to be paid to the city or assessment district such costs will be based on the fair market value of the land on which the new use is to be located, the amount of land necessary to provide the required off-street parking, and the current costs of paving and other necessary improvements as determined by the city.

In the case of any new use, building or structure where it is found that due to parcel size, location or other circumstances the required off-street parking cannot or should not be provided on the site, the required off-street parking may be located on another site located within three hundred feet of the use which site may be in the same or different ownership or in the cooperative ownership.

Where any required off-street parking is located off-site the parking requirements will be considered to be met only through the execution of an agreement to be recorded in the offices of the county recorder as a covenant running with the land for the benefit of the city providing that the owner or owners and their heirs, assigns or successors in interest will continue to maintain such parking facilities for the exclusive benefit of the use as long as the building or use they are intended to serve is maintained.

When the off-street parking and loading requirements for the use are satisfied by use of the in-lieu provision of Section 17.620.019.

Minimum parking space width: nine feet except as specified in subsection D of this section.

Minimum parking space length: twenty feet except as specified in subsection D of this section and for parallel parking which shall be twenty-four feet.

Aisle Width. The required width of aisles shall vary with the width and angle of the parking space as specified in the following table:

Compact Car Parking. Up to thirty percent of the required number of off-street parking spaces may be designated for the parking of compact cars only. Such spaces may be reduced in required width by one foot and in length by four feet. Compact spaces shall not be located directly opposite another compact space along an aisle providing access to such spaces.

Driveway Width. Where a parking lot does not abut a public street, there shall be provided a service drive or easement of access which shall be unoccupied and unobstructed, which shall be improved to parking lot standards and which shall have a width of not less than twenty-five feet except as follows:

Access. Parking lots shall be designed to provide clear ingress and egress to all spaces with a minimum of maneuvering. Parking in tandem shall be prohibited except two cars may be parked in tandem on mobile home lots and on individual single-family, duplex and triplex lots. The backing out from a parking lot onto a public street shall be prohibited except in R zones for lots of less than six spaces.

Curb Cuts. Curb cuts for driveway purposes shall be approved by the city and shall be regulated in number and location in a manner that will; in order of importance:

Maintenance of Visibility. Parking lots shall be designed in a manner that will assure that site distances are maintained, particularly at points of egress to a public right-of-way.

Within any zone, except for necessary access driveways, no portion of a parking lot or space shall be located in any required front yard or required side yard adjacent to a street.

Valet or Other Controlled Parking. Subject to obtaining a conditional use permit the design provisions of this section may be revised for purposes of accommodating a larger number of vehicles within a parking lot. Such revisions shall include the allowance of tandem parking and reduced dimension and shall only be allowed where valet service is provided for public parking, where parking is completely controlled by the use with no public parking and where the reduced standards will not impact other portions of a parking lot, if any. Any conditional use permit approved pursuant to these provisions shall be temporary and shall not be construed to allow a reduction in the number of off-street parking spaces or the design standards otherwise required.

Surfacing. Parking lots shall be surfaced with an asphaltic or Portland cement binder pavement, building stone or equivalent material approved by the city on a suitable base so as to provide a durable and dust-free surface.

Screening. Parking lots for more than six vehicles shall be screened in accordance with Sections 17.630.005 and 17.630.009.

Striping. All parking and loading spaces and, when required, aisles, pedestrian walkways and crossings, visitors' parking, fire lanes, no-parking areas and driveways, shall be striped and otherwise designated to provide for the safe loading, unloading and parking and storage of vehicles and shall be so installed as to be in accordance with the standards of the city for such improvements.

Barriers. Curbs, tire stops or similar barriers shall be provided where a parking space abuts any structure, boundary of an adjacent property, landscaped area or tree. Barriers shall be placed in a manner that will prevent the overhang of a vehicle over a required landscaped area.

Parking lot lighting shall be installed to the approval of the city. All lighting shall be directed or shielded so as to not produce nuisance or annoyance on abutting properties. Lighting shall be of the type or in a location such that it does not constitute a hazard to vehicular traffic, either on private property or on abutting streets. The spacing and height of the standards and luminaries shall be such that a maximum of seven foot-candles and a minimum of one foot-candle of illumination are obtained on all vehicle access ways and parking areas. The height of lighting fixtures shall not exceed thirty feet. To prevent damage from automobiles, standards shall be mounted on reinforced concrete pedestals or otherwise protected. Under-canopy lighting elements shall be recessed or concealed in such a manner as not to be directly visible from a public street. All lighting fixtures shall be vandal-resistant.

Traffic Controls. Traffic controls at ingress and egress points and standard traffic directional signs with no advertising thereon shall be provided as may be deemed by the city to be necessary in the interest of public safety.

Parking Lot Landscaping. In conjunction with their development all parking lots shall be improved and permanently maintained by the property owner with the installation of shade trees and landscaped areas and planters in accordance with Chapter 17.630.

Title. The provisions of this chapter shall be known as the "Landscaping and Screening Regulations" of this title.

Purpose. The purpose of the landscape and screening regulations is to provide for the general welfare and convenience of the public by:

Landscaping shall be required within all yards, off-street parking lots and open land uses that are visible to and/or accessible to the public.

Shade trees shall be required within required landscaping, off-street parking lots and open land uses.

Screening shall be required as a buffer between activities having a different intensity of use and between certain zoning districts so as to mitigate the impacts of noise, light and glare and human activity.

All ornamental uses of water in the common areas of a development project, such as ponds, lakes and fountains shall be supplied, operated and maintained with alternative sources of water if they are available.

Exceptions to the specific requirements may be granted on a case-by-case basis due to either unusual site conditions or other extenuating circumstances.

The requirements are applicable to all landscaping for new and rehabilitated construction, including:

The requirements shall be used as a guideline for landscaping and irrigation for a single-family residence.

The requirements do not apply to that portion of a site irrigating edible crops or using nonpotable water.

Residential uses: within any front yard or side yard adjacent to a street;

Public and quasi-public uses: within any parking lot, front yard, side yards adjacent to a street or interior open space that is visible from a public right-of-way or accessible to the public;

Commercial and industrial uses: within any parking lot, front yard, side yard adjacent to a street or open land use that is visible from a public right-of-way or accessible to the public;

Where a parking lot abuts a public right-of-way there shall be required a landscaped strip of not less than five feet in width contiguous to and parallel to such right-of-way;

Except for single-family residential uses landscaping shall be subject to design and site development review.

Along the interior boundaries between any R, A, or OS zone and any C, IC, PEC, PF or SPF zone.

Parking lots for more than six vehicles shall be enclosed, except for necessary driveway openings, by screening where contiguous to or within two hundred feet of any property in any R zone, any A zone or the OS zone.

Where a parking lot abuts a public right-of-way across from property in any R zone, any A zone or the OS zone, such lot shall be screened along that right-of-way to a height of forty-eight inches.

The following specific uses shall be screened:

Within any public parking lot;

Within any area of required landscaping;

Within any area of open land use.

The standards set forth in this chapter for location and height of landscaping or screening may be modified by the city when such landscaping or screening would constitute a danger to traffic by reason of impairment of vision at a street or driveway intersection.

Screening shall not be required along a lot line where a building wall, solid fence or freestanding wall of the required height exists immediately abutting and on the other side of the lot line.

Parking lots and other open land uses which are visible to, or accessible to the public shall be landscaped at the following rate:

Landscaped areas, parking lots and other open land uses shall be required to have shade trees at the rate of sixteen trees per acre or fraction thereof.

Shade trees generally shall be of a fifteen-gallon can size having a minimum height of six feet and a one-inch caliper. Modification of these standards for equivalent quality of tree may be permitted by the city depending on tree species and quality of stock.

Shade trees shall be scattered within a parking lot approximately thirty feet apart and may be clustered within landscaped areas.

Landscaped areas and tree wells shall be contained by pavement, fences or walls, or shall be contained in planters and tree wells bordered by a minimum six-inch-high concrete curb or equivalent approved by the city.

Planters and tree wells shall have a width of not less than five feet and shall be protected from automobile overhang where necessary through the provision of tire stops or other barriers approved by the city.

Landscaped areas and planters shall be watered by an automatic irrigation system approved by the city and designed to maximize water conservation.

All landscaping shall be maintained in good growing condition. Maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements.

Paved and graveled walkways and the use of gravel or similar materials as a landscape feature shall not exceed twenty percent of the landscape area.

Vegetative materials shall be selected from among those known to be suitable to the climate of the city of Brentwood area.

In order to foster water conservation programs the use of native plants or other plant material proven to require minimal watering shall be permitted and encouraged.

Except for shade trees, landscaping or screening shall not exceed three feet in height within thirty-five feet of the street corner on any corner lots.

Within overhead utility line easements trees shall be of a type that customarily grows to a height not exceeding fifteen feet.

Within underground utility line easements the planting of trees shall be prohibited.

Except where a greater height is required by the city for noise abatement, fences and walls shall not exceed a height of six feet.

Walls shall be constructed in conformance with the requirements of the city director of public works.

Fence supports should be on a maximum of six-foot centers and cemented in place and may be four-by-four wood posts, pipe or masonry piers.

Fence covering shall be masonry, wood boards of not less than one-inch thickness or a chain link type fence with slats, vegetative or other durable screening.

Fences or walls shall be maintained in good repair, including painting if required, without any signs or advertising thereon except in conformance with the city sign ordinance.

Vegetative screening may include an evergreen hedge or a mix of evergreen shrubs and trees of a type, density and spacing so that sight and illumination will be obscured through the screening within three years of planting.

Except for trees, vegetative screening shall be maintained at a height of not less than six feet or more than ten feet.

An earth berm may be used in combination with any of the above types of screening, but not more than two-thirds of the required height of such screening may be provided by the berm.

All screening shall follow the lot line of the lot to be screened, or the inside edge of the sidewalks or shall be so arranged within the boundaries of the lot as to substantially screen, from adjoining properties the building, facility or activity required to be screened.

Applicability. The "Model Water Efficient Landscape Ordinance" of the state of California, as contained in California Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, Section 490 et seq., is hereby adopted by reference as the water efficient landscape ordinance of the city of Brentwood, as the same may be amended from time to time, as if set out in full in this chapter.

Severability. If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.

Title. This chapter will be known as the "Emergency Medical and Fire Protection Service Funding" ordinance.

Purpose. The purpose of this chapter is to ensure sufficient financing of emergency medical and fire protection services to serve new development in the city.

This chapter will apply to all development in the city that triggers an additional demand for emergency medical and fire protection services.

Residential development triggers additional demand for emergency medical and fire protection services when a proposed increase in the number of dwelling units requires a building permit.

Nonresidential development triggers additional demand for emergency medical and fire protection services when an increase in floor area over two thousand square feet or a new building over two thousand square feet requires a building permit.

Before the issuance of a building permit, any development subject to this chapter will be annexed to a community facilities district that imposes a special tax for emergency medical and fire protection services as well as any other financing districts that may apply under conditions of project approval or other local, state, or federal law.

Should any tax or other fiscal mitigation measure made applicable to a development under this chapter expire, lapse, or be repealed by initiative or otherwise, the service provider may reduce emergency medical and fire protection services to that development as necessary to reflect the loss of the associated revenues.

The city may impose the requirements of this section as a condition of approval of any application for development under this title and the community development department will enforce the requirements upon issuance of building permits whether or not any discretionary approval is required for a particular development.

Title. This chapter will be known as the "Annexation to Community Facilities Districts" ordinance.

Purpose. The purpose of this chapter is to ensure sufficient financing of the city's community facilities districts to serve new development in the city.

This chapter will apply to all development in the city that triggers an additional demand for the following services:

Residential development triggers additional demand for the services listed in subsection A when a proposed increase in the number of dwelling units requires a building permit.

Nonresidential development triggers additional demand for the services listed in subsection A when an increase in floor area over two thousand square feet or a new building over two thousand square feet requires a building permit.

Before the issuance of a building permit, any development subject to this chapter will be annexed to one or more community facilities districts that impose a special tax for services, as well as any other financing districts that may apply under conditions of project approval or other local, state, or federal law.

Should any tax or other fiscal mitigation measure made applicable to a development under this chapter expire, lapse, or be repealed by initiative or otherwise, the service provider may reduce any or all of the services identified in Section 17.636.020(A) above to that development as necessary to reflect the loss of the associated revenues.

The city may impose the requirements of this section as a condition of approval of any application for development under this title and the community development department will enforce the requirements upon issuance of building permits whether or not any discretionary approval is required for a particular development.

Title. This chapter shall be known as the sign ordinance of the city of Brentwood, California.

Authority. This chapter is adopted pursuant to the city's general and police powers, California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq., 5230, 5490 et seq., 13530 et seq., and 13540; Penal Code Section 556 et seq.; and other applicable state laws.

Regulatory Scope. This chapter regulates signs, as defined herein, which are within the legal corporate limits of the city, but not on city property, as defined herein, or within the DT (downtown) zone. Signs on city property are controlled by Chapter 17.645. Signs on property located within the DT (downtown) zone are regulated by Chapter 17.280.

Purpose and Intent. The purpose of this chapter is to create and enforce a comprehensive system for the reasonable regulation of signs within the city. By adopting this chapter, the city intends to balance many competing interests, which include, but are not limited to, the following:

Permit Generally Required. All signs shall conform to the standards set forth in this chapter and unless exempted from the permit requirement shall be installed or displayed only pursuant to a sign permit and any other applicable permits and approvals.

Maintenance. All signs and their immediate surroundings shall be maintained by the owner and/or occupant of the premises in a clean, sanitary and inoffensive condition and free and clean of all obnoxious substances, rubbish and weeds.

Discretionary Approvals. Whenever a sign or a proposed sign is subject to any discretionary review, permit, or approval, such discretion may be exercised only as to the compatibility of the sign with its location, and other structural, architectural and location factors. Discretion may not be exercised as to the artistic merit of the proposed sign or the message itself so long as such message is not excluded from First Amendment (U.S. Constitution) protection under relevant court decisions.

Compatibility Factors. In determining compatibility of a sign with its surrounding environment, the following criteria may be considered:

Administrative Interpretations. All interpretations of this chapter are to be exercised in light of the message neutrality and message substitution policies. Where a particular type of sign is proposed, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the Building Code, as adopted by the city of Brentwood, then the planning commission or director, as applicable, shall approve, conditionally approve or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this chapter.

Message Neutrality. It is the city's policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions, which is content neutral as to non-commercial speech and does not favor commercial speech over non-commercial speech.

Message Substitution. Subject to the property owner's consent, a non-commercial message of any category or content may be substituted, in whole or in part, for any allowed commercial message or any non-commercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. Message substitution is a continuing right which may be exercised any number of times. This provision does not:

Billboard Policy. New billboards, as defined herein, are prohibited. It is a fundamental land use policy of the city to completely prohibit the construction, erection or use of any and all billboards, other than those which legally exist in the city, or for which a valid permit has been issued and has not expired, as of the date on which this chapter, or when a prior version of this chapter containing a provision to the same effect, was adopted. In adopting this chapter, the city council affirmatively declares that it would have adopted this policy even if it were the only provision in this chapter. The city council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This prohibition does not apply to agreements to relocate presently existing legal billboards as encouraged by State law including, but not limited to, Business and Professional Code Section 5412, as that section may be amended from time to time.

Professional name plates not exceeding one square foot in area for each occupant in a building.

Traffic and other municipal signs, legal notices, railroad crossing signs, warning signs and such temporary, emergency or non-advertising signs as may be duly authorized.

On land uses characterized by human assembly and periodically changing programs (such as churches, conference centers, meeting halls, and theaters), signs with a sign area not exceeding ten square feet per parcel, which advise the public of the offered programs. Such signs may include portable signs displayed on the day of an offered program.

Convenience signs and warning signs not exceeding a cumulative sign area of ten square feet per sign or fifty square feet per parcel; such signs must be affixed flush to the building or window and may not be freestanding.

Non-rotating barber poles not more than six feet in height, and bearing no advertising text, when mounted on an establishment offering hair cutting or styling services to the public.

Directional signs not exceeding four square feet per sign, or twenty-four square feet cumulative as to all directional signs per parcel.

Government signs displayed by the city or other governmental units in furtherance of their governmental duties, or expressing their own message to the public.

Time and temperature devices not exceeding ten square feet in area.

On-site directional signs designating special areas or features of a development for safety directional purposes, provided no sign exceeds three square feet in area nor exceeds four feet in height.

Real estate signs may be displayed with the property owner's consent subject to a maximum height of eight feet. Illumination of real estate signs is prohibited, and such signs must be removed not later than ten days after the advertised transaction has closed.

Construction site signs may be displayed on-site only during the period of actual construction, shall not exceed twenty-four square feet in sign area, and may not exceed eight feet in height. All such signs must be removed at the completion of the construction project, as measured by final inspection approval and/or grant of an occupancy permit.

In addition to the sign area otherwise allowed and subject to message substitution, temporary signs displaying only protected non-commercial messages may be displayed at all times and on all properties, subject to the property owner's consent and a maximum cumulative sign area of sixteen square feet. The signs allowed by this provision may not be illuminated, may not be activated by natural or mechanical wind or air, and may not interfere with the visibility triangle.

Flags, not exceeding twenty-four square feet per legal parcel. Flags may be mounted on doors, walls, windows, fences, or on poles. If a flag is pole mounted, the height of the pole shall not exceed the maximum height limit identified in the applicable zoning district. No commercial message flags are allowed.

Temporary window signs, limited to a cumulative display period of seven days per month, per establishment. Maximum sign copy area shall not exceed more than twenty-five percent of the aggregate window area. Signs shall not be allowed within an area located between three feet and five feet above grade.

Commercial mascots.

General.

Flags. Flags may be displayed in accordance with this section. Total flag area shall not exceed twenty-four square feet per legal parcel. Flags may be mounted on doors, walls, windows, fences, or on poles. If a flag is pole mounted, the height of the pole shall not exceed the maximum height limit identified in the applicable zoning district. No commercial message flags are allowed.

On-Site Housing Project Signs. When new homes within a housing development are being offered to the public, the developer thereof may display signs as described in this subsection, subject to the following restrictions:

Banner Signs. Banner signs may be displayed on-site, subject to the following restrictions:

Administrative Approval Permits.

Planning Commission Approval Permits. The following signs are subject to review and approval by the planning commission, subject to the criteria set forth in this subsection and review of compatibility of the surrounding area:

Roof signs.

Any signs projecting above any portion of a roof or parapet wall or above the sloping roofline of the gable end of a structure.

Except as otherwise permitted by this chapter, flags, pennants and similar objects designed to rotate or move with natural or mechanical wind or air.

Banners, except as otherwise permitted by this chapter.

Signs, whether by design or lighting, that may be mistaken for traffic lights or signals.

Signs mounted in such a manner as to prevent free ingress to or egress from any door, window or fire escape, or obstruct an outward view from any living area.

Signs attached to a standpipe or fire escape.

Signs located in such a manner as to obstruct free and clear vision, or the view of any authorized traffic sign, signal or device.

Signs projecting into the right-of-way of a public street or alley, except as specifically permitted elsewhere in this chapter or in Chapter 17.645.

Signs having less than eight feet clearance between the lowest edge of a sign projecting into a public right-of-way, any sidewalk or an area where pedestrians may walk.

Signs having less than seventeen feet clearance between the lowest edge of that portion of the sign projecting into that part of a public street or alley area used by vehicular traffic and the street grade.

Placards, posters, announcements and similar signs posted or attached to any fence, pole, tree, vehicle or any other object in a public right-of-way, except as specifically permitted by Chapter 17.645, or legal notices required by law or a valid court order issued by a court of competent jurisdiction.

Signs on any portion of a street, sidewalk or other public right-of-way, except as specifically permitted by Chapter 17.645.

Signs that cause excessive glare on surrounding properties or conflict with the traffic regulations or traffic safety.

Signs producing noise, odor or fumes or smoke-making devices.

Billboards, as defined herein.

Animated signs, as defined herein.

Changeable copy signs, streamers, propellers, discs, and searchlights, except as otherwise permitted by this chapter.

Signs that use lights which flash, blink, or turn on and off intermittently, unless located at the site of athletic events.

Mobile billboards, including motorized vehicles which are used for the purpose of general advertising or advertising for hire, when parked on city-owned streets or the public right-of-way, or when traversing upon public streets over which the city has the legal right to control vehicle access.

Private party signs posted on city-owned property or the public right-of-way, except as specifically permitted by Chapter 17.645.

Any kind of inflatable object, including balloons, used as advertising, except as otherwise permitted in this chapter.

Flex wing signs.

Building-mounted cabinet signs with translucent faces, unless they must be allowed pursuant to federal or state law.

Portable signs, except as provided herein.

Any sign which is in conflict with the specific standards set forth in this chapter.

General Prohibition. No sign may be displayed on public property unless a permit therefor has first been issued or the subject sign is expressly exempt from the permit requirement by this or another applicable policy statement or other authorization approved by the city council.

Abatement. All permits must be consistent with this chapter. Any sign posted on public property within the city, contrary to the sections stated herein, may be summarily removed as a trespass and a nuisance by the city pursuant to this chapter. Sign owners who have signs removed by the city may be charged for all costs associated with the removal. Removed signs will be held by the city for a period of thirty days and the property/sign owner notified of same. Failure to respond to the notification may result in the sign(s) destruction or disposal by the city.

Permit Application. The administrator shall prepare and make available to members of the public an application for a permit, which shall, when fully approved, constitute a permit and indicate the city's consent, in its proprietary capacity, for placement of a sign on public property. The applicant for the permit must be the same person or entity who is to be the owner of the sign and who shall be responsible for its removal when required. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the sign ordinance, as that fee currently exists or may be amended from time to time, or such other fee as may be set by the city council. The application form shall require the applicant to state that he or she shall abide by the city's policies, as well as any special terms or conditions which may be stated on the permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated.

Findings for Permits for Signs on Public Property. The administrator shall issue a permit for placement of a sign on public property only if, based on the information provided on the permit application and any testimony or evidence presented by the public, the following findings can be made:

Permits Issued in Error. Any permit issued in error may be summarily revoked by the administrator by informing, in writing, the applicant of the nature of the error in issuance. Any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application, but shall be waived when the original issuing error was caused by the city. When a permit is revoked, the permittee must remove the sign within seven calendar days of the revocation. If the permittee does not do so, then the city may remove the sign and recover from the permittee the reasonable cost of removal, as may be set by resolution of the city council. Such cost recovery may be a condition to any future or additional permits.

Right to Permit—Appeal. An applicant whose application fully complies with the terms and conditions of this chapter shall be duly issued a permit. Applications which are denied or permits which are revoked or suspended may be appealed in the same manner as any sign-related decision under Chapter 17.835.

Exempt Signs—General.

Traditional Public Forum Areas.

Real Estate Signs; Garage Sale Signs. Signs displaying information about real estate open house events, garage sale events, or any non-commercial messages may be displayed without a permit, subject to the following:

General. Subject to the conditions stated in this chapter, banners may be displayed on city-owned light standards in the downtown and on major and minor arterials as described in the general plan, for the purpose of identifying and promoting area themes or identities, or announcing or promoting special events which are open to the public and are sponsored or co-sponsored by the city.

Eligibility. Participation in this light standard banner program is open only to programs sponsored or co-sponsored by the city and commercial establishments with Brentwood locations which are open to the public, and educational institutions which are properly authorized, licensed and accredited with the California Department of Education, which comply with the mandatory public education requirements of state law. No more than twenty percent of the display area on each side of a banner promoting a special event or area theme may be devoted to commercial sponsorship identification.

Display Time. Eligible parties may display street banners only for a maximum of six months per year. Extensions may be granted by the administrator if the sponsor wishes to retain the banners, the banners remain current and no other eligible party has applied for that location. Requests to display banners in accordance with this chapter shall be prioritized in the order received. City sponsored banners have priority over all eligible applicants seeking to participate in the street banner program.

Technical Standards. The technical standards for such banners shall be developed by the administrator or designee, who is also authorized to establish and enforce policy regarding the physical installation and removal of banners.

Insurance and Indemnification. As a condition of approval, parties participating in the city's light standard banner program must provide proof of insurance, in a form satisfactory to the administrator, that the participant carries insurance covering comprehensive general liability (including risks of personal injury including death and property damage, as well as advertising injury), with a coverage limit of at least one million dollars. Such insurance shall name Brentwood, including its city council, individual city council members, boards and commissions and their individual members, officers and employees as additional insureds, or name them as certificate holders. The participant shall also indemnify, hold harmless and defend Brentwood, its city council, individual city council members, boards and commissions and their individual members, officers and employees (including reasonable attorney's fees) in the event of a challenge to the banner program, as well as against all claims of liability.

When the city sponsors or co-sponsors a program for a special public event, with or without cosponsors, public property may be used to promote and identify the special event.

Off-site signs may be used to advertise parades, festivals, charitable or educational fundraisers, sports league sign-ups, holiday home tours and similar events, provided that the following standards are adhered to:

These signs shall be located at the intersection of two thoroughfares. The exact locations shall be considered on a case-by-case basis by the city.

No two cluster sign structures shall be located within one thousand feet of any other cluster sign structure with the exception that two cluster signs may be allowed at one intersection, provided that they are not on the same corner.

The maximum height of these signs shall be eleven feet and the maximum area shall be forty square feet (excluding base).

A refundable cash bond in an amount set by resolution of the city council shall be posted with the city prior to the issuance of building permits, as a guarantee for the removal of each sign structure.

If any sign falls into disrepair or is modified in any way that is not in compliance with this section, the city shall have the right to remove the sign and any deposits posted will be forfeited.

The signs authorized by this section may be used only for commercial messages related to development of tract housing projects.

The maximum number of signs is two per neighborhood or district.

Signs shall be located at the corners of streets entering the area.

Signs shall be mounted on a legal fence, wall or similar structure.

The maximum copy area shall be fifteen square feet.

Where dedication of the sign is proposed, and subject to acceptance, the dedication shall include the structure on which the sign is located, and the land on which the structure is located, together with access to the nearest public right-of-way.

Illumination of signs shall be external and ground-mounted only.

Title. The provisions of this chapter shall be known as the "accessory and service uses regulations" of this title.

Purpose. The purpose of these provisions is to allow and regulate certain uses accessory to principle uses and service uses within the various zones.

In addition to the principal uses expressly included therein, each use category shall be deemed to include such permanent activities as are customarily associated with, and are appropriate, incidental and subordinate to, such principal use; are located on the same lot as such principal use except as expressly provided otherwise in this chapter and meet the further conditions set forth herein.

Within the city, zoning notwithstanding, certain facilities and activities are required to serve the city and the surrounding unincorporated area and the region. These uses are normally of a public or public utility nature and are either essential services or do not lend themselves to specific zone designation.

Uses accessory to a residential use as follows:

Uses accessory to a nonresidential use as follows:

Signs pursuant to Chapter 17.640.

Subject to conditional use permit approval any other use not specifically permitted or determined by the zoning administrator to be similar to a use permitted within the zoning in which it is proposed.

Essential service facilities to include the construction, extension, maintenance and operation of underground or overhead installations and incidental appurtenances, equipment and accessories thereto for the normal and regular distribution and supply within and for the benefit of properties within the city, such as electric, gas, telephone, telegraph, water, sewer and storm drain facilities, including electric distribution lines having fifty kV power or less, and gas, telephone and similar essential-service lines, poles, pipes, conduits, cables, mains, drains, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including facilities listed as requiring conditional use permit approval in Section 17.680.003.

Subject to conditional use permit approval, essential service facilities to include underground or aboveground public utility electric transmission lines, and towers for transmission of electricity, telephone, telegraph, television, radio and other communications messages, such as high tension power lines and towers; underground or aboveground facilities for the transmission, storage or collection of petroleum, water, gas and sewage; public utility, office buildings, service or maintenance structures and yards, reservoirs, tanks, and substations; and routes of proposed reservoirs, tanks and substations; and routes of proposed electric transmission lines.

Subject to conditional use permit approval, airports and helicopter ports, cemeteries and hospitals.

The provision of this chapter shall be known as the "encroachment into required yards" regulations of this title.

All structures referenced in this chapter shall meet all requirements as set forth in the California Building Code and require building permits as applicable.

The purposes of the encroachment into required yards regulations are as follows:

Every part of each minimum required front, side or rear yard or other required open space shall be open and unobstructed from the finished grade or, where applicable, from such other specified level at which the yard or court is required, to the sky, except for the facilities allowed to project or encroach into such yard by provisions set forth elsewhere in this chapter.

All yards and open spaces visible from a public or private street or alley, public right-of-way or sidewalk shall be improved and maintained with a surface which prevents dust and allows convenient use for outdoor activities, and shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable, dust-free surface.

Landscaping and screening, where required, shall be in conformance with Chapters 8.00, 8.36 and 17.630.

In no case shall more than fifty percent of a required minimum rear yard be covered by any buildings or structures, excluding pools and spas.

Accessory buildings shall be prohibited in any front yard setback.

Enclosed accessory buildings (as defined in Chapter 17.030) shall not be closer than four feet from any other building on the lot. Open accessory buildings shall not be closer than four feet from any other accessory building on the lot.

Accessory buildings shall be set back four feet from any side or rear property line, as measured from the closest point (e.g., roof overhang or eave if applicable).

The maximum height of accessory buildings shall be one story and fifteen feet.

The use of accessory buildings as living quarters shall be prohibited, except as permitted pursuant to Section 17.100.005 (Accessory dwelling units).

Within a required rear and side yard a portable shed (as defined in Chapter 17.030) shall be permitted provided its height does not exceed the height of the adjacent fence up to seven feet in height, its floor area does not exceed one hundred twenty square feet, and provided there exists unobstructed access (clear passage-way) with a gate leading from a street to the rear yard of at least three feet of width on at least one side of the primary dwelling. A portable shed cannot obstruct any egress or windows of a dwelling unit on the property.

Shipping containers (as defined in Chapter 17.030) are prohibited within any residential zone, except that they may be temporarily placed on a private driveway, or within the public right-of-way with an encroachment permit, for a maximum of fourteen days per calendar year or a maximum of thirty days with the written approval of the community development director, or in conjunction with an active construction project that has a valid building permit or other temporary use.

All accessory buildings shall meet all requirements as set forth in the California Building Code and require building permits as applicable.

In no case shall more than fifty percent of a required minimum rear yard be covered by any buildings or structures, excluding pools and spas.

Uncovered landscape features and structures such as walkways, decks, patios, porches, and ornamental ponds, having a height of not more than one foot; ornamental gate archways, planters, light standards, arbors, trellis, sun screens, outdoor fireplaces, and posts designed to support landscape features such as sun/shade sails, having a height of not more than eight feet; and flagpoles not exceeding the maximum allowable height in the zone, shall be permitted anywhere on a lot.

Clotheslines, radios and television masts or antennas, trash enclosures (solid waste carts on residential properties pursuant to Section 8.16.360 (Containers—Location of containers at residential premises)) and similar structures shall be prohibited in any front yard or side yard adjacent to a street.

Play structures, sport courts, batting cages, trampolines, and similar facilities shall be prohibited in any front yard but shall be allowed in any required interior side or rear yard, provided they are a minimum of four feet from any property line, other structures or buildings, and do not exceed fifteen feet in height.

In the event a fence or other accessory structure or landscape feature is located in a manner so as to restrict visibility at a driveway or street intersection to a degree that, in the opinion of the city, they cause a hazard to public safety, such structure or feature shall be removed or modified within ten days of notification to the owner by the city that a hazard does exist.

In ground swimming pools shall be permitted in any required rear or interior side yard setback but no closer than five feet from any property line or building line. Above ground swimming pools and spas shall also be permitted in any required rear or side yard setback, but the water line may not be closer than five feet from any property line and shall meet all Building Code requirements in relation to separation from all dwelling units.

Fences shall be permitted anywhere on the property subject to applicable setbacks and height restrictions, and shall not fall into disrepair pursuant to Section 8.00.030 (Unlawful activities).

No fence or wall shall obstruct visibility for access. In the event a fence or other landscape feature is located or grows in a manner so as to restrict visibility at a driveway or street intersection to a degree that, in the opinion of the city, they cause a hazard to public safety, the structure or feature shall be removed or modified within ten days of notification to the owner by the city that a hazard does exist.

Residential Areas. Within residential zones, fences outside of the required front yard may be a maximum of seven feet in height when located on side or rear property lines. Fences may be solid or include decorative lattice at the top. Fences in excess of seven feet shall conform to the zoning ordinance requirements regulating principal or accessory buildings with respect to setbacks.

Within any required front yard fences shall not exceed a height of forty-two inches.

On a corner lot, the fence or wall height shall not exceed forty-two inches within a triangle formed by the street frontage curb lines extended to their intersection and a line connecting such lot line measured fifty feet from their point of intersection.

Measurement of Fence and Wall Height. In the event the ground elevation is not the same on both sides of a fence or wall, the height thereof shall be measured as the vertical distance between the finished grade at the base of the fence or wall to the top edge of the structure from the higher grade elevation. The grade shall not be modified in order to increase fence height.

Nonresidential or Mixed-Use Areas. Fences and walls within the side and rear yards shall not exceed a maximum height of eight feet except as otherwise required as part of a project mitigation.

Prohibited Fences. The following types of fences or fencing material are prohibited within all residential zones. In commercial zones, the following types of fencing material are prohibited unless specifically approved by the planning commission in conjunction with a design review or conditional use permit, or as required by city, state, or federal laws or regulations:

Retaining walls shall not exceed a height of four feet. An embankment to be retained that is over four feet in height shall be benched so that no individual retaining wall exceeds a height of four feet above finished grade, and each bench has a minimum horizontal distance of two feet between each wall. An exception may be granted for a higher wall if necessary due to slope and/or soils, based on a geotechnical report from a licensed civil or geotechnical engineer, and approved by the chief building official or public works director. A building permit is required for retaining walls that are over four feet high (measured from the bottom of the footing to the top of the wall), and/or retaining walls supporting a steeply sloped surface called a surcharge.

Title. The provisions of this chapter shall be known as the "animal regulations" of this title.

Purpose. The purpose of the "animal regulations" shall be to allow and regulate the keeping of animals in a manner such that they will not become a nuisance.

Within the residential zoning districts, the standards indicated in the following table shall apply:

Large livestock includes cows, horses, and similar animals. Small livestock includes goats, sheep, pigs and similar animals (pigs are only allowed in the R-E zone). Small animals includes fowl (such as chickens or geese), rabbits, and similar grain fed rodents.

Chicken houses, rabbit hutches, and similar accessory structures provided for the housing of smaller animals shall be set back not less than sixty feet from the front property line or any street line, and shall be not less than forty feet from any side or rear property line.

Barns, stables and other buildings or structures used to shelter livestock shall be set back not less than one hundred feet from the front property line and fifty feet from any side or rear property line.

Fenced pastures, paddocks, or other enclosed livestock areas shall not be located nearer than ten feet to any property line. The ten-foot setback need not be provided along property lines which are immediately adjacent to compatible uses such as the keeping of domestic animals, farming, or other agricultural operations.

Animal waste accumulations shall be removed from the premises, composted or spread in a manner that will minimize odor and fly propagation.

Animals at large shall be secured at all times by enclosure in pens, barns corrals, paddocks, or similar structures or within open areas sufficiently and adequately fenced for their restraint.

Retail sales of feed, tack and related items shall be primarily for the convenience of the boarders and may be evidenced from the public right-of-way only by a sign having an area not exceeding eight square feet.

The conduct of horse shows and similar activities shall require conditional use permit approval.

Off-street parking shall be required pursuant to Chapter 17.620.

Kennels shall not evidence any odor beyond the premises of the property on which they are located.

Kennels shall not evidence any barking beyond the premises within any R district or the MHP district.

Public kennels shall be subject to the applicable zoning district regulations and the additional regulations of this chapter.

Private Stables. Shall not evidence by signs on the premises or other advertising any sales, breeding, boarding or other commercial activity.

Household Pets. Except for dogs and cats the provision of this chapter shall not apply to the keeping of household pets which are confined at all times within the household.

Exotic Animals. See Section 416.11 of the Contra Costa County animal code.

Dogs and Cats. No more than five dogs or cats over the age of six months may be kept in any residential zoning district, with the exception of the following: six or more dogs may be kept in any residential zoning district provided that a use permit is obtained for a dog fancier's license, subject to the requirements of Section 17.670.009.

A use permit shall be obtain in accordance with the requirements of Chapter 17.830 of this code;

A minimum lot size of one acre shall be maintained;

All dogs shall be confined on the premises or exercised under the owner's control;

All dogs shall be provided with adequate shelter;

There shall be no evidence of odor beyond the premises of the property on which the dogs are located;

No more than ten dogs, over the age of six months, per acre shall be allowed. The maximum number of dogs allowed shall be determined through the use permit process;

The keeping of dogs shall not cause a nuisance due to noise, as defined by County Code Section 416.12.202;

A violation of any of these standards shall be cause to conduct proceedings before the planning commission to have the license revoked. The planning commission may permanently revoke the license, temporarily revoke the license, or add additional conditions to the license. In order to revoke a license, the city shall provide notice in accordance with the requirements of Section 17.800.009 of this code.

Title. The provisions of Chapter 17.680 shall be known as the "Oil and Gas Production Regulations" of this title.

Purpose. The purpose of the "oil and gas production regulations" is to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future drilling for and production of oil, gas, and other hydrocarbon substances within the city so that such activities may be conducted in harmony with other uses of land within the city, thus protecting the people of the city in the enjoyment and use of their property and providing for their comfort, health, safety and general welfare.

The council hereby finds and determines that uncontrolled oil, gas, and other hydrocarbon substance exploration, development, and production uses would be detrimental to the general welfare and public peace, health, safety, comfort, convenience, and prosperity of the citizens and residents of the city. Therefore, except as otherwise provided in this chapter, including compliance with all of the limitations and regulations on operations set forth in Section 17.680.004, no person shall engage in oil, gas, or other hydrocarbon substance exploration, development, and production activities from any location within the city. Notwithstanding any other provision of this code, oil and gas exploration, development, and production uses may be permitted or permitted subject to approval of a conditional use permit in a particular district only when oil and gas exploration, development, and production uses are expressly listed as permitted or conditionally permitted uses in that specific district.

Those definitions provided in Public Resource Code (PRC) Section 3000 et seq., relating to oil and gas exploration and production shall apply to this chapter and are adopted herein by reference. In addition to those definitions in the PRC, the following shall apply:

All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing well which has not complied with these regulations, or prior to the construction of any new related facilities for the production of oil, gas or other hydrocarbon substances within or through the city excluding normal public utility gas lines.

A temporary use permit shall be obtained prior to seismic or geophysical surface-based exploration or survey for the purpose of locating gas, oil or other hydrocarbons, excluding any exploratory drilling operations which are subject to a conditional use permit.

A temporary use permit shall be obtained by the operator prior to any reworking of a well that has previously complied with these regulations.

Emergency Work. Whenever it is necessary to do work on a well to prevent a hazardous condition or the loss of the well, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency which has the potential of threatening adjoining properties. All other emergencies must have a preliminary report submitted to the city within twenty-four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only.

Administrative Conditional Use Permit. Applications for new or redrilled wells and/or production facilities shall be reviewed and acted on by community development department staff at a public hearing. Staff may refer any such case to the planning commission for review and action. Any staff decision may be appealed to the planning commission by any interested party upon filing a written appeal request and payment of an appeal fee as provided for under the provisions of appeal of a planning commission decision in the zoning ordinance.

Application Submittal. All applications for conditional use permits listed in subsection A of this section, shall include the following information in addition to the standard information required for a conditional use permit application:

All oil and gas development related buildings, structures, equipment, systems, and drilling and production operations shall comply with the provisions of this code, California Public Resource Code Section 3000 et seq., all regulations of CalGEM and the State Division of Industrial Safety, and all other agency regulations which apply to such operations.

Minimum Production Site Size. All production sites shall be minimum of three acres in size in order to accommodate consolidation of drill site, equipment, soundproofing, landscaping, circulation, and allow for reuse of the property at such time as the site is no longer utilized for drilling operations, unless a smaller site is approved by the planning commission through the conditional use permit procedure after careful consideration and the planning commission determines that a smaller site can accommodate all equipment, landscaping, etc., and is of adequate size for reuse.

Access Roads and Production Site. All private roads used for access to the production site and the production site itself shall be surfaced with a permanent or semi-permanent surface such as rock or gravel and maintained to prevent dust or mud.

Sumps or Ponds. All sumps, sump pits, ponds or similar devices such as portable tanks constructed onsite for the purpose of holding waste material shall be lined to prevent such waste material from penetrating into the soil. Furthermore, when such sump, pit or pond is no longer needed, it shall be excavated of all foreign materials and filled with compacted earth to the level of the surrounding terrain.

Fencing. All sumps, pits, excavations and production sites shall be enclosed with a fence, the type of fencing and height to be determined by the planning commission at the time of consideration of the conditional use permit. The fencing required by the planning commission shall be at least as protective of the environment as that required in 14 Cal. Code of Regulations Section 1778.

Abandonment of Site. At such time as the oil or gas drilling or production site is abandoned, the responsible party shall abandon the site in accordance with CalGEM regulations for urban areas and all other applicable regulations. Furthermore, the drill or production site and all access roads shall be restored to their original condition or as nearly as practicable unless approved otherwise by CalGEM and the planning director of the city upon receipt of a written request by the property owner. The responsible party shall furnish the city with a copy of the CalGEM approval showing compliance with all abandonment proceedings under state law.

Nonproducing Well. Whenever the cost of production exceeds the revenue produced by an oil or gas well or whenever a well is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing well. When a well is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a well.

The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations. If it is determined that the well is no longer economically viable, the well shall be abandoned in conformance with Section 17.680.004(F).

The operator shall submit, upon request, reports to the city on each well reflecting the cost/revenue ratio of each well in order to determine if the well is nonproducing.

Site Development. At the time of application for a conditional use permit to all drilling and production, the applicant shall submit a plan showing relationship to existing land use, ultimate land use if different, and shall indicate proposed mitigation measures to all anticipated impacts, including, but not limited to, noise, light or glare, odor, traffic, aesthetics, etc. Furthermore, the application shall include a plan for the ultimate reuse of the drilling or production site and how the ultimate use of the site will relate to adjacent uses.

Screening and Landscaping Production Sites. All oil or gas production sites shall be adequately screened from adjoining properties and public rights-of-way, with the specific type of screening and landscaping to be determined by the planning commission at the time of consideration of the conditional use permit.

Well Location. No new well, storage tank, or production facility shall be located within three thousand two hundred feet of any sensitive receptors.

Soundproofing. If drilling or redrilling operations are located within one thousand feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits contained in this chapter. Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noise, obtainable and practicable for that purpose, on all operating machinery and equipment and on the well in all instances where objectionable noises might otherwise exist. Soundproofing shall be installed prior to commencement of operations and shall include but not be limited to the following:

Signs. All oil/gas facilities shall have a legible, permanent, prominently displayed and maintained metal sign no less than two square feet in area containing the following: name of the drilling contractor, name of the owner or operator, twenty-four-hour emergency phone number, lease name and name and number of the well. If the operator changes, it will be the new operator's responsibility to replace the sign within thirty days after the change.

Derricks. All derricks and masts shall be consistent with California Division of Industrial Safety and OSHA standards, be at least equivalent to the standards and specifications of the American Petroleum Institute (API), and meet the following standards:

Permittee shall immediately remove the derrick and all other structures not required in the event gas only be produced from the well and erect a suitable and sightly structure over the well of the most modern and approved design for the purpose, using only such space for the same as is necessary, and also shall fill all holes and excavations, save the well, and restore all surfaces to their original condition.

Storage Tanks/Production Equipment.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 17.680.002 and shall conform to methods prescribed by ANSI or its successor. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

The location selected for measuring exterior noise levels shall be at a point within the property line of the receiver's location. Where feasible the microphone shall be at a height of three to five feet above ground level and shall be at least ten feet from walls or similar reflecting surfaces.

A microphone windscreen shall be utilized for all outdoor measurements.

Where possible, sound level measurements shall be conducted during fair to dry weather conditions with average wind velocities of less than ten miles per hour. In all cases weather information shall be documented during the sound survey interval. Items to report shall include but are not limited to wind velocity and direction, dry and wet bulb temperature (degree in Fahrenheit), and relative humidity (percent).

Although the use of sophisticated acoustical instrumentation for the measurement of equivalent sound level, L_eq, (dBA) is available and its use is preferred; it is not essential for the purposes of this chapter. The equivalent sound level (L_eq) of the noise source in question may be estimated using a hand held sound level meter by averaging at least twenty separate observations over a measurement interval that is representative of a typical one hour operation of the noise source. Depending on the character of the noise source the measurement interval may vary from as little as a few minutes to as long as one hour.

"Slow" meter response is generally preferred. However, if the noise source changes level rapidly in a random fashion several times a minute, exceeding a ten dB dynamic range, then "fast" response shall be used. The noise control officer can make a determination of the appropriate meter, meter response, "fast" or "slow" to be used in those cases that are unclear.

Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated any oil drilling or production equipment at any location within the incorporated city which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed the noise level limits set forth for the receiving land use category in Tables 17.680.006(1) and 17.680.006(2).

Noise Abatement Methods. The noise abatement method(s) in which the operator meets the noise level standards in Table 17.680.006(1) or 17.680.006(2) shall be determined by the operator to allow the operator the flexibility of utilizing the most efficient and cost effective method(s) available to the operator.

Adjustment for Ambient Noise Level. In the event the ambient noise level exceeds those limits established in Table 17.680.006(1) or 17.680.006(2), then the planning commission may adjust the "exterior noise limits" upward for the particular site in question to reflect said ambient level only after careful consideration of all pertinent data. However, in no case will the "exterior noise limits for production operation," Table 17.680.006(2), be increased by more than ten dBA.

Correction for Character of Sound, Production Operations Only. In the event the alleged offensive noise, as judged by the noise control officer, contains a steady audible tone such as a whine, screech, or hum, the standard limits set forth in Table 17.680.006(2) shall be reduced by five dBA.

Pulsating or intermittent noise activities such as hammering or rocking pipes, acceleration and deceleration of engines or motors, low speed compressors which fire intermittently and other such pulsating or intermittent noises shall be prohibited between the hours of ten p.m. to seven a.m. for all drilling operations and shall be prohibited at all times for all production operations if such noise creates a nuisance within any residential, commercial or industrial area.

Light or Glare. It is unlawful for any person to operate, or cause to be operated any oil production equipment on any well, or incidental to a well, within the incorporated limits of the city in any manner so as to direct any light or glare such that it negatively impacts any adjoining residential or commercial land uses. Furthermore, such light or glare must be directed away from any public street such that it will not create a traffic hazard.

Waste Discharge. At no time shall any waste matter be discharged into the public sewer, storm drain, or irrigation systems, any stream or creek, or into the ground, except in accordance with the regulations or requirements of all applicable local, state or federal agencies.

Vibration. Any ground vibration generated by any oil or gas drilling or production operation which is discernible at any developed property shall be prohibited. Vibration dampening equipment of the best available technology shall be installed as required by the city so as to reduce vibration to a minimum. No drilling shall be commenced until the building official has approved the vibration dampening equipment installation, and drilling shall be discontinued at any time the building official determines that the vibration dampening equipment is not functioning as intended, such that vibrations are discernible from developed properties.

Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate firefighting and fire suppression equipment in compliance with applicable fire prevention codes.

Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

Flaring Wells. The flaring of wells shall be limited to daylight hours only.

Heavy Equipment. Transport of heavy equipment or large trucks to and from the production site shall be limited to the hours of seven a.m. to ten p.m.

At all times when practical and reasonable, new drill sites shall be developed at an existing established drill site in order to free more land for other uses and reduce the interface between oil or gas activities and other land uses, thereby making the potentially adverse impacts from such operations easier to mitigate; and provide for the opportunity to establish greater buffers and separation between oil or gas facilities and other uses.

Whenever a new drilling site is proposed, the proponent shall analyze, in conjunction with the city and CalGEM, all gas or oil zones and the typical reach of directionally drilled wells in order to establish a site where all or most of the resource can be removed from one drilling site.

Any violation of this chapter is hereby declared to be a public nuisance, and the city attorney shall, upon order of the council, immediately commence an action and proceedings for the abatement, removal, and enjoinment thereof in any manner provided by law, including applying to any court having jurisdiction to grant such relief as may be necessary to restrain and enjoin any person from committing such violation.

Violations of this chapter are further hereby declared to constitute a misdemeanor.

Any permit issued pursuant to the provisions of this chapter may be revoked by the planning commission, or on appeal by the city council, upon a finding:

Any permit, either in connection with a proceeding for the revocation thereof or otherwise, may be suspended by the commission or council upon finding that the operations of the permittee constitute or have become an immediate menace or hazard to commerce, to any public property, to any interest of the city, or to the lives or safety of persons. The suspension and/or revocation of any permit shall be made and accomplished in the following manner.

Following a public hearing by the planning commission, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after the service upon him or her of such notice, to cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Said permit shall, without any further or other action of or by the city, be revoked five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired.

At such hearing, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit.

It is unlawful to carry on any of the operations authorized by any permit during any period of suspension or after revocation; provided that nothing shall prevent the performance of such operations as may be ordered by CalGEM, necessary for safety, or necessary to cure and remedy the default, noncompliance or violation for which suspension or revocation was ordered.

Intent. This chapter is intended to provide special design guidelines, standards, and development regulations to regulate the time, place, and manner of the operation of adult-oriented businesses in order to minimize the negative secondary effects associated with these businesses including, but not limited to, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses, including churches, parks, playgrounds, schools, day care facilities, youth-oriented establishments, and residentially zoned districts or uses. The council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above, can cause other businesses and residents to move elsewhere.

Purpose. It is, therefore, the purpose of this chapter to:

Not Purpose, Intent or Effect. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent, nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Planned Development Zoning Districts. Subject to the limitations set forth in this chapter, adult-oriented businesses may be established in the following planned development (PD) zoning districts provided that the separation requirements as outlined under subsections B and C of this section are adhered to: planned development six (PD-6); planned development thirty-six (PD-36); planned development thirty-eight (PD-38); planned development fifty-one (PD-51); planned development fifty-two (PD-52); and planned development fifty-three (PD-53).

Specified Distance Separation Requirements. Notwithstanding the above, no adult-oriented business shall be established or located within certain distances of certain specified land uses or zoning districts as set forth below. No adult-oriented business shall be established or located:

Separation Requirements Also Apply to the General Plan. The above distance limitations shall also apply to residential districts or uses and parks, playgrounds, schools, day care facilities, youth-oriented establishments, and church uses or property so designated in the general plan land use element of an adjacent jurisdiction.

Adult-Oriented Business Permit and Business License Required. It is unlawful for any person to engage in, conduct, establish, carry on, or to permit to be engaged in, conducted, established, or carried on, in or upon any premises in the city, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect both an adult-oriented business permit and a business license from the city.

Not Allowed by Right. No adult-oriented business may be established within the city by right. All persons wishing to establish an adult-oriented business within the city shall first apply for and receive an adult-oriented business permit in compliance with this chapter.

Applicant to Supply Sufficient Evidence. It is the burden of the applicant for an adult-oriented business permit to supply sufficient evidence to justify the grant of an adult-oriented business permit.

Application Submittal. Any person desiring to operate or establish an adult-oriented business within the city shall file with the community development department an adult-oriented business permit application on a standard application form supplied by the community development department.

Required Information. All applications shall include the following information:

Signature of Applicant Required. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.

Fictitious Name, If Applicable. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

CEQA Compliance. All applicants for an adult-oriented business permit shall also fill out the city's environmental review package/initial study checklist for purposes of complying with the California Environmental Quality Act (CEQA).

Director's Determination of Completeness. The director shall determine whether the application contains all the information required by this chapter. If it is determined that the application is not complete, the applicant shall be notified, in writing, within thirty days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have thirty calendar days to submit additional information to render the application complete. Failure to do so within the thirty-day period shall render the application automatically void. Within thirty days following the receipt of an amended application or supplemental information, the director shall again determine whether the application is complete in compliance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until the time the application is found to be complete. The applicant shall be notified within ten days of the date the application is found to be complete. All notices required by this chapter shall be deemed given upon the date that they are either deposited in the United States mail or the date upon which personal service of the notice is provided.

Other Permits or Licenses. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit.

Appropriate Investigation and Inspection. Upon the filing of a completed application, the commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, health departments, and the current fire services provider; an inspection of the premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed application.

Public Hearing Within Forty-Five Days. Within forty-five days of receipt of the completed application, the commission shall hold a public hearing on the application for an adult-oriented business permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time.

Relevant Evidence. In reaching a decision on an application for an adult-oriented business permit, the commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

Commission's Decision Within Sixty Days. The commission shall grant, conditionally grant or deny an application for an adult-oriented business permit ("permit" or "adult-oriented business permit"). The commission shall render a written decision on the application for an adult-oriented business permit within sixty days of receiving a completed application. The failure of the commission to render a decision within this time frame shall be deemed to constitute a denial of the application. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.

Transmittal of Decision to Applicant. The commission's decision shall be hand-delivered or mailed to the applicant.

Appeal of Commission's Decision. Any interested person may appeal the decision of the commission to the council in writing within ten days after the commission's written decision. In addition, within ten days after the commission's written decision, any member of the council shall have the authority to direct that the council review the decision of the commission on the grounds that the individual council member believes that the matter should be decided by the council.

De Novo Public Hearing. Consideration of an appeal of the commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the commission and shall occur within thirty days of the filing of the appeal or initiation of review by the council.

Council's Action on Appeal. The council action on the appeal of the commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the council shall grant, conditionally grant, or deny the application. The council's decision shall be final and conclusive.

Relevant Evidence. In reaching its decision, the council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

Court Challenge. The time for court challenge to a decision by the council to grant, deny or revoke an adult-oriented business permit is governed by California Code of Civil Procedure Section 1094.6.

Transmittal of Decision to Applicant. Notice of the council's decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.

Prompt Judicial Review. The petitioner may seek prompt judicial review of the council's action in compliance with California Code of Civil Procedure Section 1094.8.

Required Findings. The commission or council shall approve or conditionally approve an application for an adult-oriented business permit where the information submitted by the applicant substantiates all of the following findings:

Conditions Imposed on the Permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.

Employee Registration Required. As a condition of approval of every adult-oriented business permit issued in compliance with this chapter, every owner or operator of an adult-oriented business shall register every employee with the police department within five business days of the commencement of the employee's period of employment at the adult-oriented business.

Color Photographs and Other Information Required. Each employee shall be required to provide two recent color passport-quality photographs and, at the discretion of the police chief, shall allow him or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee shall provide the following information in a form provided by the police department:

Current Employee Register Required. Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose the registration for inspection by any police officer for the purposes of determining compliance with the requirements of this section.

Failure to Comply. Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the adult-oriented business permit and may be considered grounds for suspension or revocation of the permit.

Unlawful Hours of Operation. It is unlawful for any operator or employee of an adult-oriented business to allow the adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, after the hours of ten p.m. and prior to ten a.m. of any day of the week.

Compliance with Building and Fire Regulations. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in compliance with the building regulations and standards adopted by the city, and the regulations and standards adopted by the current fire services provider.

Observation of Activities or Materials Outside Prohibited. No adult-oriented 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 the 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.

Outdoor Lighting Level Required. All off-street parking areas and other exterior areas of the adult-oriented business shall be illuminated from dusk to two hours following or after the close of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light evenly distributed at ground level. The required lighting level is established in order to provide sufficient illumination of the parking areas, walkways, and outdoor areas serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises and shall be maintained in one hundred percent working order as approved in the submitted/required and approved photometric plan.

All Areas Shall Be Readily Accessible. The operator of an adult-oriented business shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement official, including the viewing and access to the digital video security system and any other surveillance/security audio video system(s).

Posting of California Penal Code Section 314 Required. The adult-oriented business shall post in plain view inside the front portion of the business, a sign, in two-inch print which shall reference California Penal Code Section 314 which shall read as follows:

Open to View by Management. All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms and customer changing rooms, if any, shall be open to view by the management at all times.

Additional "Adult Arcade" Provisions. Any adult-oriented business which is also an "adult arcade," shall comply with the following additional provisions:

Indoor Lighting Level Required. All interior areas of the adult-oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

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

Additional Requirements for Live Entertainment. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the alcoholic beverage control commission:

Security Guards Required. Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, consistent with the following standards:

X-rated Movies or Videos. The availability of X-rated movies or videos shall be restricted only to persons over eighteen years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen years of age sells, rents, or displays videos or other motion picture media that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the videos shall be located in a specific section of the establishment where persons under the age of eighteen shall be prohibited. All access to sexually oriented material or merchandise shall be restricted to persons over eighteen years of age.

Disposal in Locked Garbage Receptacles Only. Any and all sexually oriented materials or sexually oriented merchandise discarded by an adult-oriented business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually oriented materials or sexually oriented merchandise and all items which may constitute biohazard waste shall be properly disposed of in approved biohazard refuse containers, readily available to both staff and patrons. These items shall be lawfully removed from the premises on a daily basis.

The foregoing applicable requirements of this section shall be deemed conditions of adult-oriented business permit approvals, and failure to comply with every requirement shall be grounds for revocation of the permit issued in compliance with these regulations.

Only at Approved Address. A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the adult-oriented permit.

No Transfer Without Permit Amendment. A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the commission stating that the transferee is now the permittee. The amendment may be obtained only if the transferee files an application with the commission in compliance with Sections 17.690.040 (Adult-oriented business permit required) and 17.690.050 (Application requirements) of this chapter, accompanies the application with a transfer fee as set forth in the city's fee schedule, and the commission determines in compliance with Sections 17.690.060 through 17.690.100 that the transferee would be entitled to the issuance of an original adult-oriented business permit. The transfer fee shall be paid in lieu of the filing fee required by Section 17.690.050 of this chapter.

No Transfer When Subject to Suspension or Revocation. No adult-oriented business permit may be transferred when the permittee has been notified that the adult-oriented business permit has been or may be suspended or revoked.

No Transfer in Violation of this Section. Any attempt to transfer an adult-oriented business permit either directly or indirectly in violation of this section is declared void, and the adult-oriented business permit shall be deemed revoked.

Findings Required for Revocation. Any adult-oriented business permit issued in compliance with the provisions of this chapter may be revoked by the city on the basis of any of the following:

Transmittal of Notice. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least ten days before the hearing.

Relevant Evidence. The commission shall hold a public hearing on the proposed revocation of the permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time. In reaching a decision on the proposed revocation, the commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

Commission's Action. The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permit tee's adult-oriented business permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.

Transmittal of Commission's Decision. The commission's decision shall be in writing, and shall be hand-delivered or mailed to the applicant.

Decision Within Thirty Days. The commission shall make its final decision within thirty days of the public hearing.

Appeal of Commission's Decision. Any interested person may appeal the decision of the commission to the council in writing within ten days after the commission's written decision. In addition, within ten days after the commission's written decision, any member of the council shall have the authority to direct that the council to review the decision of the commission on the grounds that the individual council member believes that the matter should be decided by the council.

De Novo Public Hearing. Consideration of an appeal of the commission's decision shall be at a De Novo public hearing which shall be noticed in the same manner as the public hearing of the commission and shall occur within thirty days of the filing of the appeal or initiation of review by the council. In reaching its decision, the council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

Council's Action on Appeal. The council action on the appeal of the commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the council shall revoke, not revoke, or not revoke but add additional conditions to, the permit tee's adult-oriented business permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located. The council's decision shall be final and conclusive.

No New Permit Within Twelve Months After Revocation. In the event a permit is revoked pursuant to this chapter, another adult-oriented business permit to operate an adult-oriented business shall not be granted to the permittee within twelve months after the date of the revocation.