Requests for permits, licenses, appeals, amendments, approvals, and other discretionary actions required or allowed by this chapter shall require that a City application form be filled out in its entirety and submitted to the Community Development Director. In addition, other materials, reports, dimensioned plans, or other information required to take an action on the application, as identified in this division and the application guidelines, shall be submitted with the application. The application guidelines, which include a list of required items for each type of application, are available as a handout in the Community Development Department. It is the responsibility of the applicant to ensure that all required information is provided.

(Ord. No. 2015-01, § 3, 5-5-2015)

A completed application shall consist of the following:

(1)

The application form with all applicable information included on, or attached to, the form.

(2)

Other information or forms required for implementation of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) in compliance with City and State guidelines for the implementation of CEQA.

(3)

A statement indicating that the applicant is the owner of the property or is the legal representative of the property owner.

(4)

Payment in full of the required fees and/or deposit for processing the application, in compliance with the City Council's fee resolution (application fees).

(5)

Address and legal description of the property under consideration.

(6)

Current title report for the property under consideration.

(7)

Other information required by the Community Development Director.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Notification to applicant. Within 30 days of the filing of the application, the applicant shall be informed by a letter, in compliance with State law (Government Code § 65943), either that the application is complete and has been accepted for processing or that the application is incomplete and that additional information, as specified in the letter, shall be provided.

(b)

Additional information. The planning division may notify the applicant that additional information is required for the environmental review of the project in compliance with Section 44-736.

(Ord. No. 2015-01, § 3, 5-5-2015)

The City Council shall establish by resolution, and from time to time amend by resolution, a schedule of fees and costs for applications for permits, licenses, appeals, amendments, and approvals required or allowed by this chapter in order to reimburse the City for all costs reasonably and necessarily incurred as the result of processing the application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Where review authority rests with the Development Committee, and the review authority on one or more related cases being processed concurrently rests with the City Council, the review authority for all permits, licenses, and approvals shall rest with the City Council. The Development Committee's review shall be in the form of a written recommendation to the City Council.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 28, 5-3-2016)

All departments, officials, and public employees vested with the duty or authority to issue permits or licenses, when required by law or any of the provisions of this chapter, shall comply with the provisions of this chapter. No license or permit for uses, buildings, or purposes shall be issued when the same would be in conflict with the provisions of this chapter. Any license or permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(Ord. No. 2015-01, § 3, 5-5-2015)

Permits, licenses, or approvals shall not be granted in compliance with this chapter before the completion and/or certification of applicable environmental documentation in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

(Ord. No. 2015-01, § 3, 5-5-2015)

To ensure compliance with the provisions of this chapter, a certificate of compliance shall be obtained from the Community Development Department before the following may occur:

(1)

A building permit is issued.

(2)

A change in use of improved or unimproved premises is made.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Community Development Department's action. A certificate of compliance may be issued by the Community Development Department only after determining that the request complies with all of the applicable standards and provisions of this chapter.

(b)

Inspection. An application for a certificate of compliance may require that the Community Development Director performs an onsite inspection of the subject parcel before determining/verifying that the request complies with all of the applicable standards and provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this division is to provide a process for reviewing applications for any new construction or exterior revisions for existing approved precise plans. The precise plan application process allows for the review of the design of the development, an identification of potential impacts on the surrounding properties, and an assurance that the proposed project complies with the provisions of this Code and the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

The approval authority designated in Section 44-485, Table IV-1 may grant approval of precise plans and amendments to precise plans.

(a)

When no other discretionary permit is required, a precise plan shall be required for all residential development except single-family homes on previously subdivided lots, and for all nonresidential developments exceeding 2,000 square feet of total floor area.

(b)

Precise plan, minor.

(1)

Application for minor precise plan permits are limited to the following requests:

a.

Development with less than 10,000 gross square feet of new building floor area.

b.

Four or less residential units.

c.

Any multifamily projects where a minimum of 20 percent of total units are restricted to be affordable to lower income households or at least 40 percent of total units are restricted to be affordable to moderate income households (for a period of time equal to provisions under State Density Bonus Law (California Government Code Section 65915).

d.

Modifications to previously approved precise plans that are substantially compliant with the original approval and do not result in additions greater than 10 percent of the total area.

(2)

Decisions on minor precise plan applications shall be made administratively by the Community Development Director. The director shall include a determination of findings and appropriate conditions in the decision. The basis for approval, conditional approval, or denial of a minor precise plan application shall be as specified in Section 44-787.

(3)

Subject to a determination by the Community Development Director, a minor precise plan application may be placed on a Development and Circulation Committee or City Council agenda for review.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2024-04, § 4, 12-10-2024)

Before submitting an application for a precise plan, the applicant or prospective developer is strongly encouraged to request a pre-application conference with the Community Development Department to obtain information and guidance before preparing plans, surveys, and other data. Coordination of the preparation of the environmental documentation should also be discussed. Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of a future precise plan proposal.

(Ord. No. 2015-01, § 3, 5-5-2015)

Applications for precise plans or amendments shall be filed in compliance with Division 1 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

The review authority may approve a precise plan or an amendment to precise plan only if all of the following findings of fact can be made:

(1)

The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this chapter.

(2)

The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

(3)

The approval of the precise plan or an amendment to precise plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

(4)

The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.

(5)

The subject site is physically suitable for the type and density/intensity of the use being proposed.

(6)

The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

(Ord. No. 2015-01, § 3, 5-5-2015)

In addition, in approving precise plans, conditional use permits or other development plan applications under the Planned Neighborhood Development (PND) zoning regulations, the review authority shall find all of the following:

(1)

The precise plan, conditional use permit, and any development plan for the site are consistent with the general plan and objectives of this division;

(2)

The proposed development will create an economically viable commercial environment of sustained desirability and stability, and it will complement and harmonize with the character of the surrounding neighborhood and community;

(3)

The location, design, and proposed uses are compatible with the character of existing development in the vicinity and will be well integrated into its setting;

(4)

The proposed rezoning will help enhance necessary sales tax revenues needed to support general fund City services;

(5)

That provision is made for common area use and maintenance; and

(6)

The proposed development integrates elements such as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use.

(7)

The proposed development is consistent with the adopted PND design guidelines.

(Ord. No. 2015-01, § 3, 5-5-2015)

In approving a precise plan or an amendment to a precise plan, the review authority may impose specific development conditions relating to both on- and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 44-787, and to carry out the purpose and requirements of the respective zoning district.

(Ord. No. 2015-01, § 3, 5-5-2015)

A precise plan that is valid and in effect shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land. The applicant shall indicate in writing agreement to the conditions of approval prior to the issuance of a building permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

A precise plan may be revoked or modified in compliance with article IV, division 5 of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

A precise plan is subject to the expiration provisions in Article IV, Division 4.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this division is to facilitate the increased production of housing developments containing no more than two residential units within a single-family residential zone ("single family residential duplexes"), and to provide reasonable regulations for their development. Single family residential duplexes can contribute needed housing to the community's housing stock and promote housing opportunities for persons from a range of socioeconomic backgrounds who wish to reside in the City. In addition, the regulations in this division are intended to promote the goals and policies of the City's General Plan and comply with requirements codified in the State Planning and Zoning Law related to housing development containing no more than two residential units within a single-family residential zone.

(Ord. No. 2022-01, § 19, 5-3-2022)

For the purpose of this division, the following definitions shall apply:

Total floor area means the total floor area of the single family residential duplex, inclusive of all habitable areas and non-habitable areas of the structure, including but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms, and any other accessory spaces.

Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code § 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code § 65852.2, or a junior accessory dwelling unit as defined in Government Code § 65852.22.

(Ord. No. 2022-01, § 19, 5-3-2022)

(a)

Permits. All single family residential duplexes require a single family residential duplex permit. The applicant shall also obtain any and all other permits required by this Code, including but not limited to a building permit.

(b)

Application processing. An application for a single family residential duplex permit shall be made on forms provided by the City's Community Development Department and be submitted with any applicable fees pursuant to the most current fee schedules adopted by the City Council. The application shall include all information needed to determine compliance with this chapter. The application fee shall be established by resolution of the City Council.

(c)

Application review.

(1)

The Community Development Department Planning Division will review complete applications for single family residential duplex permits for compliance with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. The single family residential duplex permit application shall be considered ministerially without any discretionary review or a public hearing.

(2)

The Community Development Department Planning Division may deny a single family residential duplex permit application if it fails to comply with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. In addition to the foregoing, the Community Development Planning Division may deny a single family residential duplex permit application if it makes a written finding, based upon a preponderance of the evidence, that the proposed single family residential duplex would have a specific, adverse impact, as defined and determined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(3)

Except as otherwise provided in this Code, the construction of a single family residential duplex shall be subject to any applicable fees adopted pursuant to the requirements of Government Code §§ 66000 et seq. and 66012 et seq.

(d)

Notice of construction. At least 30 business days prior to the starting of any construction of a structure on a lot created by an single family residential duplex, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:

(1)

Notice that construction has been authorized.

(2)

The anticipated start and end dates for construction.

(3)

Contact information for the project manager (for construction related complaints.

(Ord. No. 2022-01, § 19, 5-3-2022)

The development standards set forth below shall apply to all single family residential duplexes. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State law.

(1)

Location and zoning requirements. Single family residential duplexes shall only be allowed in single family residential zoning district, in accordance with the permit and development standards described in this section, subject to the exceptions set forth below.

a.

Farmland. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

b.

Wetlands. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c.

Fire zones. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code § 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code § 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to Government Code § 51179(b), or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

Hazardous waste site. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon a hazardous waste site that is listed pursuant to Government Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code § 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e.

Earthquake zone. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Health and Safety Code § 18901 et seq.), and by any local building department under Government Code § 8875 et seq.

f.

Flood plain areas. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), Single Family Residential Duplexes shall not be located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. Notwithstanding the foregoing, a single family residential duplex may be located on a site described in this subparagraph if either of the following are met:

1.

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

2.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's flood plain overlay districts.

g.

Regulatory floodways. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the applicant has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's flood plain overlay districts.

h.

Conservation lands. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), other adopted natural resource protection plan, or that is otherwise subject to a conservation easement.

i.

Protected habitat. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.).

j.

Existing non-conforming structure or use. The City shall not require, as a condition for ministerial approval of a single family residential duplex application the correction of nonconforming zoning conditions. No single family residential duplex shall be constructed on any lot which has an existing development constructed upon it, which is non-conforming with respect to the City's current use or development standards unless the proposed single family residential duplex complies with the current applicable land use regulations of this Code.

k.

Historic district or property. No single family residential duplex shall be located within a historic district or upon property included on the State Historic Resources Inventory, as defined in Public Resources Code § 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

(2)

Restrictions related to existing affordable housing and rentals. Except as provided herein, a single family residential duplexes shall not require demolition or any alteration of any of the following types of housing:

a.

Existing housing upon the lot which the single family residential duplex is proposed that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Existing housing upon the lot which the single family residential duplex is proposed that is subject to any form of rent or price control through the City's valid exercise of its police power.

c.

Existing housing upon the lot which the single family residential duplex is proposed that has been occupied by a tenant in the last three years. In the event that a tenant has occupied housing upon which the single family residential duplex is proposed within the last three years, the construction of a proposed single family residential duplex shall not require the demolition of more than 25 percent of the existing housing exterior structural walls.

d.

A single family residential duplex shall not be located upon a parcel on which an owner of residential real property has exercised the owner's rights under Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an application.

(3)

No more than two units per urban lot split parcel. No more than two units (whether primary, accessory, or single family residential duplex) shall be allowed per parcel. In no event shall a single family residential duplex permit application be used to construct more than two dwelling units per parcel created through the exercise of the authority contained in article VI, division V, urban lot splits.

(4)

Sale, rental, and occupancy of units. Single family residential duplexes shall not be rented for less than 30 days. One of the single family residential duplex shall be occupied by the owner of the parcel. Notwithstanding the foregoing, if an owner processes an urban lot split pursuant to article VI, division V and constructs a single family residential duplex on both lots, then only one of the single family residential duplex units on the two parcels needs to be occupied by the owner of the parcel as the owner's primary residence.

(5)

Deed restriction. A deed restriction prepared by the City shall be recorded on the subject property prior to issuance of the certificate of occupancy for the single family residential duplex stating that:

a.

The single family residential duplex shall not be rented for less than 30 days;

b.

One of the single family residential duplex units shall be occupied by the owner of the parcel;

c.

Single family residential duplex units not occupied by the owner of the parcel shall be occupied by very-low to low-income households for a period of 60 years from the date, following the recordation of the restriction, when a single family residential duplex unit is first occupied; and

d.

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

(6)

Required setbacks.

a.

All single family residential duplexes shall strictly comply with at least a four-foot side setback and at least a four-foot rear yard setback. All single family residential duplexes must also strictly comply with the front yard setback requirement of the underlying zoning district in which it is located. No portion of a single family residential duplex, including but not limited to HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front yard setback.

b.

No setback requirement shall be required for a legally existing detached accessory structure, which is converted into a single family residential duplex. However, the converted single family residential duplex must comply with all of the other requirements of this section, including but not limited to the size, height, building separation, parking and permitting requirements set forth herein.

c.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

d.

To the extent that another permit, approval, or easement, including a public utilities easement, applicable to the parcel requires a setback greater than those provided in this section, a single family residential duplex shall comply with those setback requirements.

(7)

Maximum height/stories. All single family residential duplexes shall be subject to a height limitation of 16 feet, and shall be limited to one story.

(8)

Building separation requirements. All single family residential duplexes shall comply with the City's building separation requirements as set forth in chapter 44, section 44-79.

(9)

Single family residential duplex unit size requirements.

a.

The total floor area of each single family residential duplex unit shall be a minimum of 500 square feet in area and a maximum of 800 square feet in area.

b.

A primary dwelling proposed to be included in a single family residential duplex that was legally established prior to the date a single family residential duplex permit application is approved and that is larger than 800 square feet is limited to the lawful floor area at the time the single family residential duplex permit application is approved and shall not be expanded.

c.

A primary dwelling unit that was legally established prior to the date a single family residential duplex permit application is approved and is smaller than 800 square feet may be expanded to a maximum of 800 square feet after the date a single family residential duplex permit application is approved.

(10)

Additional requirements.

a.

All single family residential duplexes shall be constructed upon a permanent foundation.

b.

Single family residential duplexes shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including but not limited to washer dryer hookups and kitchen facilities.

c.

All single family residential duplexes must have separate utility connections and separate utility meters.

d.

Each single family residential duplex unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.

e.

All single family residential duplexes must meet the requirements of all Uniform Codes, including but not limited to the California Building Code and the California Fire Code, as such codes have been adopted and amended by chapter 10 of this Code.

f.

Each unit which is attached to or detached from an existing or proposed dwelling shall have the same design, materials, finishes, dominant roof pitch, and colors as the attached dwelling and shall be in accordance with code standards and design guidelines for the zoning district in which the lot sits. If there is a legal primary dwelling on the lot when a single family residential duplex permit application is approved, any new single family residential duplex unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. If there is no legal primary dwelling unit on the lot before the single family residential duplex is approved, the single family residential duplex units shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The "dominant roof" pitch means the slope shared by the largest portion of the roof.

g.

No window or door of a single family residential duplex unit may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

h.

Lots containing or proposed to contain a single family residential duplex shall be fully landscaped and consistent with the applicable provisions of State Model Water Efficient Landscape Ordinance (MWELO) requirements.

i.

Single family residential duplexes shall comply with all applicable current local building standards.

j.

No roof decks or balconies shall be constructed above or upon a single family residential duplex.

k.

In the event that the property upon which the single family residential duplex is proposed is located within a homeowners association (HOA), the applicant shall submit to the City written evidence of the HOA's approval of the single family residential duplex concurrent with their single family residential duplex permit application. Failure to submit such written evidence shall be grounds for denial of the single family residential duplex permit application.

l.

Single family residential duplex units which are not inhabited as the primary residence of the owner of the parcel shall only be occupied by very-low to low-income households for a period of 60 years. A deed restriction shall be recorded prior to issuance of certificate of occupancy stating that, the single family residential duplex shall be occupied by very-low to low-income households for a period of 60 years from the date, following the recordation of the restriction, when a single family residential duplex unit is first occupied. An annual report shall be submitted to the City Finance Department or designee to verify compliance with the income restriction requirements.

m.

In no event shall single family residential duplexes be converted into condominiums.

(11)

Parking requirements. Except as provided below, single family residential duplexes shall meet the following parking standards:

a.

At least one off-street parking space within a fully enclosed garage having a minimum interior clear area measuring ten feet in width and 20 feet in length, non-tandem parking space, shall be provided per unit in a single family residential duplex.

b.

Parking spaces shall comply with chapter 44, article III, division 4 of this Code, except as may be permitted in this section, and be provided on the same lot as the single family residential duplex.

c.

The parking space(s) for the single family residential duplex units shall be in addition to the parking requirements for other units on the parcel.

d.

The foregoing parking standards shall not be imposed on an single family residential duplex in any of the following circumstances:

1.

The single family residential duplex is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop; or

2.

The single family residential duplex is located within one block of a car share vehicle.

(12)

Associated permits. If an application for a single family residential duplex triggers the requirement for a discretionary or ministerial permit other than a single family residential duplex permit and/or a building permit (including but not limited to a precise plan permit, conditional use permit and/or variance), those associated permits must be applied for and obtained prior to application for an single family residential duplex permit. The process for obtaining the associated permit(s) shall be as set forth in chapter 44 of this Code.

(13)

Standards precluding development. If an applicant submits plans showing that any of the objective standards which otherwise apply to single family residential duplex applications would have the effect of physically precluding the construction of up to two units or would physically preclude either of the two units from being at least 800 square feet in floor area, the Community Development Department shall ministerially permit the minimum deviation of the objective standards shown to physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area necessary to physically allow the single family residential duplex project. In no event shall the minimum rear and side setback requirements contained in this chapter be waived or modified pursuant to this subsection.

(Ord. No. 2022-01, § 19, 5-3-2022)

Parcels containing both a single family residential duplex as that term is defined in chapter 44, section 44-10 and an urban lot split as that term is defined in chapter 44, section 44-10 shall be ineligible for an accessory dwelling unit or junior accessory dwelling unit permit under chapter 44, section 44-111. Operation of an accessory dwelling unit or junior accessory dwelling unit in violation of this section shall be a violation of this chapter and grounds for enforcement.

(Ord. No. 2022-01, § 19, 5-3-2022)

(a)

Criminal fines and penalties. Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney.

(b)

Administrative fines and penalties. Whenever an officer charged with the enforcement of any provision of this Code determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with chapter 2 of this Code.

(c)

Public nuisance and lien on property. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure § 731 or any other remedy available at law. In accordance with chapter 26 of this Code, the City may also collect any fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity.

(d)

Civil action. In addition to any other enforcement permitted by this Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this Code, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(e)

Single family residential duplex permit revocation. Any violation of this Code may result in revocation of a single family residential duplex permit.

Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating civil, criminal or other legal or equitable proceedings as an alternative to any of the proceedings set forth above.

(Ord. No. 2022-01, § 19, 5-3-2022)

The purpose of this division is to provide a process for reviewing conditional use permit applications and amendments to existing permits, which are intended to allow the establishment of uses that are deemed to have special impact, uniqueness, or affect on the properties or neighborhood surrounding the subject site. The permit application process allows for the review of the location and potential impacts on the surrounding properties and community in order to ensure that the uses in each zoning district maintain the integrity of that district.

(Ord. No. 2015-01, § 3, 5-5-2015)

The approval authority designated in Section 44-485, Table IV-1 may grant approval of conditional use permits and amendments to conditional use permits.

(a)

Conditional use permit, minor.

(1)

Application for minor conditional use permits are limited to the following requests:

a.

Alternatives to parking and loading standards.

b.

Beer, wine, and liquor licenses.

c.

Live entertainment uses.

d.

Modifications to certain development standards as may be specified by this Code.

e.

Other modifications which, in the determination of the Community Development Director, have a moderate potential for adverse impacts to the subject site and the surrounding community.

(2)

Decisions on minor conditional use permit applications shall be made administratively by the Community Development Director. The director shall include a determination of findings and appropriate conditions in the decision. The basis for approval, conditional approval, or denial of a minor conditional use permit shall be as specified in Section 44-788.

(3)

Subject to a determination by the Community Development Director, a minor conditional use permit may be placed on the City Council agenda for review.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2024-04, § 4, 12-10-2024)

Applications for conditional use permits and amendments to conditional use permits shall be filed in compliance with Division 1 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

Following a review of the application and a public hearing in compliance with Article IV, Division 2, the approval authority shall act to approve, approve with conditions, or disapprove the conditional use permit or amendment. The approval authority may approve a conditional use permit only if all of the following findings of fact can be made:

(1)

The proposed use is conditionally allowed within the subject zoning district, would not impair the integrity and character of the district, and complies with all applicable provisions of this chapter.

(2)

The proposed use is consistent with the goals, policies, general land uses, and programs of the general plan, and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

(3)

The approval of the conditional use permit, or amendment, for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

(4)

The site is suitable for the type and intensity of use or development that is proposed.

(5)

The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

(6)

The proposed use will not be adverse to the public health, safety, or general welfare.

(Ord. No. 2015-01, § 3, 5-5-2015)

In approving a conditional use permit or amendment, the approval authority may impose specific conditions concerning location, development, and operation relating to both on-site and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the use and development of the property conform with the site plan, architectural drawings, and statements submitted in support of the application. The approval authority may also make modifications to the proposed project that are deemed necessary to protect the public convenience, health, safety, and general welfare. In addition, conditions shall be imposed to ensure compliance with the objectives of the general plan, any applicable specific plans, this chapter, and the findings required by Section 44-851.

(Ord. No. 2015-01, § 3, 5-5-2015)

A conditional use permit may be revoked or modified in compliance with Article IV, Division 5.

(Ord. No. 2015-01, § 3, 5-5-2015)

A conditional use permit that is valid and in effect shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

(Ord. No. 2015-01, § 3, 5-5-2015)

A conditional use permit is subject to the expiration provisions in Article IV, Division 4.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this division is to provide a process for the review and approval of signs.

(Ord. No. 2021-03, § 5, 12-7-2021)

The approval authority designated in section 44-487, table IV-3, the sign review authority, may grant approval of sign permits.

(Ord. No. 2021-03, § 5, 12-7-2021)

Applications for sign permits shall be filed in compliance with division 1 of this article. In addition, the sign permit application shall include three copies of:

(1)

A site plan;

(2)

Appropriate building elevations indicating the street frontage;

(3)

Dimensions of the building;

(4)

Photographs of the building and any freestanding signs; and

(5)

Sign plans drawn to scale indicating the following:

a.

Overall sign dimensions.

b.

Sign location.

c.

Letter colors.

d.

Background colors.

e.

Trim cap color.

f.

Letter styles.

g.

Method of illumination.

h.

Method of attachment

i.

Typical cross section.

j.

Timer or on/off switch.

(6)

Property management or property ownership approval.

(Ord. No. 2021-03, § 5, 12-7-2021)

Applications for temporary sign permits on non-residential property, such as commercial or industrial property, shall be filed in compliance with division 1 of this article. In addition, the temporary sign permit application shall include three copies of:

(1)

Contact information of the applicant, property owner and main contact for the sign(s).

(2)

A site plan with address and legal description such as assessor's parcel number.

(3)

Sign plans drawn to scale indicating the following:

a.

Overall sign dimensions.

b.

Sign location.

c.

Method of attachment.

d.

Sign height dimension above grade.

e.

Sign compliance with traffic safety triangle.

(4)

Proposed display dates and number of signs.

(5)

Purpose of the sign(s).

(6)

Property management or property ownership approval.

(Ord. No. 2021-03, § 5, 12-7-2021)

The purpose of this division is to provide a process for the review and approval of master sign plans.

(Ord. No. 2015-01, § 3, 5-5-2015)

The approval authority designated in Section 44-487, Table IV-3 may grant approval of master sign plans.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Applications for master sign plans shall be filed in compliance with Division 1 of this article. All tenants included in a master sign plan shall obtain a sign permit in accordance with Division 6 of this article and comply with the approved master sign plan. The master sign permit application shall include provisions for the following:

(1)

Applicable signs.

(2)

Prohibited signs.

(3)

Permitted locations for all tenant signs.

(b)

The following standards shall be included in master sign plans:

(1)

Letter colors.

(2)

Background colors.

(3)

Trim cap color.

(4)

Letter styles.

(5)

Overall permitted sign area and dimensions.

(6)

Method of illumination.

(7)

Method of attachment.

(8)

Typical cross-section.

(Ord. No. 2015-01, § 3, 5-5-2015)

In approving a master sign plan, the review authority shall find that the plan's contribution to the design quality of the site and the surrounding area will be superior to the quality that would result under the regulations of this Code. In order to approve a master sign plan, the following findings shall be made:

(1)

The master sign plan complies with the purpose of this Code, including any design guidelines.

(2)

Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development.

(3)

The master sign plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants.

(4)

The master sign plan complies with the standards of this Code, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the master sign plan will enhance the overall development, achieve superior quality design, and more fully accomplish the purposes of this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Revisions to master sign plans may be approved by the Community Development Department if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new master sign plan by the review authority.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2021-03, § 7, 12-7-2021)

The purpose of this division is to provide a process for governing the issuance of special permits for certain events, businesses and related activities, as deemed necessary by the City Council, to protect the health, safety, convenience, and general welfare of the public.

(Ord. No. 2015-01, § 3, 5-5-2015)

The approval authority designated in Section 44-486, Table IV-2, may grant approval of special permits.

(Ord. No. 2015-01, § 3, 5-5-2015)

Applicants claiming to be entitled to exemption from the requirement of obtaining any special permit provided for under this article shall file a verified statement with the City Clerk disclosing the nature of the business and the basis upon which such an exemption is claimed. All such claims shall be referred to the review authority for investigation and recommendation.

(Ord. No. 2015-01, § 3, 5-5-2015)

A permit application shall be filed in compliance with Division 1 of this article. A public hearing shall not be required for the issuance of a special permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Issuance of special permits, unless otherwise provided by the review or appeal authority, or any other ordinance of the City, shall be valid one year from the date of issuance.

(Ord. No. 2015-01, § 3, 5-5-2015)

The special permit, or copies thereof, shall be posted in a conspicuous place on the site where the activity for which the permit was issued is conducted.

(Ord. No. 2015-01, § 3, 5-5-2015)

Special permits under the provisions of this division shall not be transferable except with the consent of the review authority, which may require the desired transferee to file an original application in accordance with this division.

(Ord. No. 2015-01, § 3, 5-5-2015)

Any special permit issued under this division, which has not been previously revoked, may be renewed by filing a request for renewal accompanied by payment of the renewal fee. This request shall be filed with the City Manager at least 15 days prior to the date of expiration.

(1)

Reissuance. If, in the judgment of the review authority, the continued operation of the activity under the terms and conditions of the existing special permit will conform with the peace, health, safety, convenience, good morals, and general welfare of the public and all land use regulations and other applicable municipal ordinances and regulations thereunder have been complied with, the review authority shall reissue the special permit for an additional period of one year or other term if a different period of validity was specified in the original special permit.

(2)

Reconsideration by City Council. If the request for renewal is filed later than 15 days prior to the date of expiration or if the review authority determines that the continued operation of activity under the terms and conditions of the existing special permit will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public or will not comply with the ordinances or regulations of the City, the review authority shall deny the extension; such denial is subject to the right of the applicant to appeal as provided by this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Permits required by all employees and operators. Every person, except those persons who are specifically exempted by this division, must obtain a valid special permit from the City. This includes one acting as an individual, owner, employee of the owner, operator, or employee of the operator; or one acting as a helper for the owner, employee, or operator; or one acting as a participant or worker in any way, who does or practices any of the other things or acts mentioned in this division for which a special permit is required. Any person that engages in an activity which requires a special permit without first obtaining a valid special permit from the City shall be guilty of a misdemeanor.

(b)

Activities that constitute a public nuisance. Any establishment regulated by this article, operated, conducted, or maintained contrary to the provisions of this division or not in compliance with all City, State, and federal laws and regulations shall be declared to be unlawful and a public nuisance. The City Attorney may prosecute a criminal action hereunder. The City Attorney may, in lieu of prosecution, commence an action, proceeding for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishments and restrain and enjoin any person from operating, conducting, or maintaining an establishment contrary to the provisions of this chapter.

(c)

Employment of persons without a valid permit. Any owner, operator, manager, or permittee in charge or in control of an establishment that requires a special permit and who knowingly employs a person performing an action regulated by this Code who is not in possession of a valid special permit, or who allows such an employee to perform, operate, or practice within such a place of business, is guilty of a misdemeanor.

(d)

Revocation; conditions or compliance standards. The review authority may at any time revoke or temporarily suspend such special permits where the holder thereof or any person responsible for the management or supervision of the activity in question violates or permits any infraction of any law of the State or of any ordinance or regulation of the City, including any condition or restriction imposed upon issuance of the special permit or where the permittee obtained the special permit by misrepresentation or where the review authority becomes satisfied for any reason that the conduct of the activity under the existing conditions or restrictions imposed under the terms of the special permit does not or will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public or comply with the ordinances or regulations of the City. Special permits shall not be revoked under the provisions of this division unless a public hearing is conducted in compliance with Article IV, Division 2.

(e)

Process for revocation. Any special permit may be temporarily suspended by the review authority prior to notice of public hearings. Adequate notice of a public hearing at which the revocation of a special permit is to be considered shall be deemed to be given if a certified letter, addressed to the permittee at the address given in the application, is deposited in the mail by the City Clerk at least ten days before the hearing. At such public hearing, the permittee shall be given the opportunity to submit written statements, appear in person, and present witnesses.

(Ord. No. 2015-01, § 3, 5-5-2015)

The following types of special permits may be issued:

(1)

Block party permit.

(2)

Community event permit.

(3)

Film permit.

(4)

Special business permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this section is to provide a process for reviewing applications for block parties.

(1)

Content of permit application. An application for a block party permit must be submitted at least two weeks prior to the event. The following information is required at the time a block party permit is submitted to the City:

a.

Name, address and telephone number of responsible party;

b.

A complete description of the community event, including the:

1.

Purpose of the event;

2.

Date and hours of the event;

3.

Location of the event;

4.

Description of any equipment that will be used at the event;

c.

Description of proposed closure of public rights-of-way;

d.

Signatures of at least 90 percent of the residents that will be affected by the closure of the public right-of-way.

(2)

Issuance of permit. The review authority shall review a block party permit within five business days of receipt of a completed application and shall approve the requested permit if the following findings can be made:

a.

All statements made in the application are factually correct.

b.

The applicant has complied with all the provisions of this Code.

c.

The conduct of the block party is in compliance with State and federal law and will not interfere with the preservation of the public peace, health, safety or welfare.

d.

The proposed date and location will not conflict with planned City projects or events.

(3)

Refusal to issue permit. If the review authority deems that the applicant does not fulfill the requirements as set forth in this Code, the application shall be denied and the review authority shall notify the applicant of such denial.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this section is to provide a process for reviewing applications for community events which require special consideration due to an increase in traffic, parking, noise, glare, odor, impact on public parkland/facilities, visual impact, or other effects incidental to the operation of a community event.

(1)

Exceptions. The following activities are exempt from the community event permit requirement:

a.

Demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics, or equipment;

b.

Lawful picketing;

c.

Funeral processions by a licensed mortuary;

d.

Civic dances;

e.

Block parties;

f.

City-sponsored events.

(2)

Content of permit application. The review authority shall review a community event permit application within 30 days of receipt of a completed application. The review authority will receive the investigation report from the Police Chief and the Community Development Director. The following information is required at the time a community event permit is submitted to the City:

a.

Name, address and telephone number of sponsoring business or organization.

b.

Name and telephone number of an individual representing sponsoring business or organization.

c.

A complete description of the community event, including:

1.

Purpose of the event.

2.

Date and hours of the event.

3.

Location of the event.

4.

The anticipated number of people who will attend the event.

5.

List of all employees, vendors and contractors involved with the event.

6.

A description of any food, beverages or merchandise that will be sold or dispensed at the event.

7.

Description of any equipment (including vehicles) that will be used at the event.

d.

List of communities where the event has been previously conducted by the operator or operators of the proposed event.

e.

Description of proposed closure of public streets.

f.

A plot plan showing the property, placement of temporary buildings, placement of equipment, parking, and on site circulation.

(3)

Permit processing. An application for a community event permit must be submitted in accordance with Table V-1:

(4)

Findings. The review authority shall approve the requested permit if the following findings can be made:

a.

All statements made in the application are factually correct.

b.

The applicant has complied with all the provisions of this Code and is in compliance with all City, State, and federal laws and regulations.

c.

The time, route, or size of the community event will not substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to traffic congestion.

d.

Adequate temporary parking to accommodate vehicular traffic generated by the use will be available either on site or at alternate locations.

e.

The community event shall not impact the normal operations of the Police Department or Community Services Department.

f.

The concentration of persons, animals, and vehicles at the site of the event will not prevent proper police, fire, or ambulance services to areas contiguous to the event.

g.

Proof of insurance required by this Code as a prerequisite to the holding of the community event has been filed with the City.

h.

The conduct of the community event is in compliance with State and federal law and will not interfere with the preservation of the public peace, health, safety or welfare.

(5)

Refusal to issue permit. If the review authority, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this Code, the application shall be denied. The review authority shall notify the applicant of such denial within 30 days of a completed application.

(6)

Permit conditions. The review authority may condition the issuance of a community event permit by imposing reasonable requirements as necessary to protect the safety of persons and property, and the control of traffic, provided such conditions shall not unreasonably restrict individual rights as guaranteed under the United States Constitution. Such conditions include:

a.

Alteration of the date, time, route, or location of the event proposed.

b.

Requirement of security.

c.

Requirements for the provision of first aid or sanitary facilities.

d.

Notification of affected property owners.

e.

Restrictions on the use of amplified sound.

f.

Requirements for the use of traffic cones, delineators, or barricades.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this section is to provide a process for reviewing applications for filming in the City. Applications shall be required for filming that may affect normal traffic patterns, may impact adjacent properties, may produce additional light, noise, or glare, and/or may result in other similar impacts.

(1)

Content of permit application. An application for a film permit must be submitted two weeks prior to the event. The following information is required at the time a film permit is submitted to the City:

a.

Name, address and telephone number of responsible party.

b.

A complete description of the filming, including:

1.

Date and hours of the filming.

2.

Location of the filming.

3.

Description of any equipment that will be used at the filmings.

c.

Description of proposed closure of public rights-of-way.

(2)

Issuance of permit. The review authority shall review a film permit application within five business days of receipt of a completed application and shall approve the requested permit if the following findings can be made:

a.

All statements made in the application are factually correct.

b.

The applicant has complied with all the provisions of this Code and is in compliance with all City, State, and federal laws and regulations.

c.

The filming is in compliance with State and federal law and will not interfere with the preservation of the public peace, health, safety, or welfare.

(3)

Refusal to issue permit. If the review authority deems that the applicant does not fulfill the requirements as set forth in this Code, the application shall be denied and the review authority shall notify the applicant of such denial within 30 days.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Applicability. No individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other entity shall operate, conduct or manage any business falling with the categories enumerated in this section without a special business permit as hereinafter provided.

(b)

Businesses requiring a permit. The businesses for which a special business permit is required hereunder are as follows:

(1)

Junk dealer.

(2)

Junkyard.

(3)

Pawnbroker.

(4)

Secondhand store or dealer.

(5)

Itinerant vendor.

(6)

Peddler.

(7)

Fortuneteller.

(8)

Check cashing services.

(9)

Tattoo parlors.

(10)

Body piercing.

(11)

Permanent make-up.

(12)

Short-term rental.

(13)

Any business in which any product or commodity is sold at retail from a motor vehicle, truck, or trailer or any business in which a product or commodity is sold at retail from any place except a fixed place of business within the City on which real property and ad valorem taxes are levied and collected.

(c)

Content of permit application. The following information is required at the time a special business permit application is submitted to the City:

(1)

Name, address and telephone number the business.

(2)

Name and telephone number of an individual representing sponsoring business or organization.

(3)

A complete description of the business, including:

a.

Name, address and telephone number the business.

b.

Name and telephone number of an individual representing sponsoring business or organization.

c.

Purpose of the business.

d.

Dates and hours of operation of the business.

e.

Description of any equipment (including vehicles) that will be used.

f.

Plot plan/floor plan showing the property, floor plan, placement of buildings, placement of equipment, parking, and onsite circulation.

(4)

Applicant shall pay a fee established by resolution of the City Council.

(d)

Additional required content of permit application for short-term rental. The following additional information is required at the time a special business permit application is submitted to the City:

(1)

A site plan including the location and dimensions of all dedicated off-street parking and on-street parking available for the short-term rental use.

(2)

A floor plan showing the dimensions of bedrooms, and the locations of smoke alarms, carbon monoxide alarms and fire extinguisher(s).

(3)

The total occupancy allowed pursuant to subsection 44-112(1).

(4)

An individual, firm, co-partnership, joint venture, association, corporation, estate, trust, or any other entity shall apply to the City for a special business permit annually for each vacation-rental property.

(5)

Applicant shall fill out the transient occupancy tax (TOT) registration form and return to the City Finance Department.

(6)

Such other information as the Community Development Department deems reasonably necessary to administer this section.

(e)

Short-term rental special business permit requirements. The purpose of this section is to provide a regulatory framework for short-term rentals in order to establish operating standards so that short-term rental activities do not become a nuisance to, or threaten the public peace, welfare, health, or safety of neighboring properties; to preserve the City's residential single-family housing stock; to retain the residential characteristics of neighborhoods; and to facilitate the collection of transient occupancy taxes (TOT).

(1)

Applicability. This section applies to all short-term rental uses as defined herein but is not intended to regulate hotels, motels, inns, the home exchange of a dwelling unit, or other rental arrangements including, but not limited to, community care facilities, lodging houses, rooming houses, supportive housing, or transitional housing.

(2)

Applicant. No individual, firm, co-partnership, joint venture, association, corporation, estate, trust, or any other entity shall advertise, offer to lease, operate, conduct, or manage a short-term rental in a residential dwelling without a valid previously issued and effective short-term rental special business permit, transient occupancy registration certificate, and City business license, for each separate address at which a short-term rental would occur. The short-term rental special business permit and City business license shall be posted inside of the short-term rental property. A short-term rental special business permit may only be issued to an owner and only for a dwelling unit at a fixed location and address. Accessory dwelling units and junior accessory dwelling units are prohibited from use as short-term rentals pursuant to section 44-111, Accessory dwelling units (ADUs), of this Code.

(3)

Transient occupancy tax. Pursuant to chapter 14, article V, transient occupancy tax, of this Code, each short-term rental shall be registered with the City Finance Department and obtain a transient occupancy tax (TOT) transient occupancy registration certificate and account number. The owner must maintain records of paid transient occupancy tax for five years and produce them upon request.

(4)

Permit required. Short-term rental special business permit required when:

a.

Hosted short-term rentals are allowed with a short-term rental special business permit in the single family residential (R-1) zoning district.

b.

Non-hosted short-term rentals are allowed with a short-term rental special business permit in the single family residential (R-1) zoning district. Non-hosted short-term rentals are prohibited in all other zoning districts.

(5)

Submittal. Short-term rental special business permit application submittal.

a.

Operators in good standing. Operators of a short-term rental in good standing shall submit a short-term rental special business permit application for existing short-term rentals made non-conforming by the adoption of the ordinance codified in this subsection, accompanied by the short-term rental special business permit application fee to Community Development Department within 90 days of the effective date of this ordinance on October 31, 2022.

b.

Operators of short-term rentals in good standing may continue to rent, offer, or advertise an existing short-term rental at the location specified in the short-term rental special business permit application while obtaining required City approvals, except as specified in subsection (b) below. All advertisements shall include the transient occupancy tax account number assigned by the Finance Department until the short-term rental special business permit has been approved.

c.

If the short-term rental special business permit application is denied, the operator is no longer considered an operator in good standing and shall immediately cease renting, offering, or advertising the short-term rental.

d.

New short-term rental operators. New operators shall obtain a short-term rental special business permit prior to renting, offering, or advertising a short-term rental.

e.

Notification package. Short-term rental applicants shall submit a notification package to the City that contains the following:

1.

Two sets of printed address labels for all properties within the notification area.

2.

A certified list of the names and addresses of all property owners (including all condominium unit owners) within a 300-foot radius of the exterior boundary of the subject property prepared from the latest tax rolls.

3.

A certified list of all known tenants and business owners who live or have a place of business on the subject property for which an application was filed. and any adjacent municipalities shall receive a copy of the notice.

4.

Include assessor parcel number (APN) on the mailing label for the property being noticed within the 300-foot radius.

5.

Copies of the assessor's maps indicating properties and area within the 300-foot radius.

(6)

Investigation of applicant. Upon receipt of the application, the Community Development Department and Finance Department shall investigate all facts or evidence bearing upon the nature of the short-term rental special business permit.

(7)

Duration. Duration of short-term rental special business permit. A short-term rental special business permit shall be valid for a period of no more than one year from date of approval.

(8)

Multiple short-term rentals. No individual, firm, co-partnership, joint venture, association, corporation, estate, trust, or any other entity shall hold more than two permits for short-term rentals within the City.

(9)

Annual requirement. A new short-term rental special business permit application shall be required annually. The applicant shall submit such information concerning the short-term rental activity as may be required to enable the tax collector to verify the amount of transient occupancy tax assessment paid pursuant to sections 14-117 to 14-130 of this Code and shall report any violations and/or the assessment and payment of any penalties during the prior year.

(10)

Extension. Extensions of a short-term rental special business permit is prohibited.

(11)

Transferability. A short-term rental special business permit is non-transferrable. If a property with an approved short-term rental special business permit is sold or transferred to any other person, a new short-term rental special business permit shall be required.

(f)

Issuance of permit. A special business permit application may be approved by the approval authority as designated in section 44-486, table IV-2, special permit review authority, in whole or in part, with or without conditions, only if all of the following findings of fact can be made:

(1)

The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this Code.

(2)

All statements made in the application are factually correct.

(3)

The applicant has complied with all the provisions of this Code and is in compliance with all City, State, and federal laws and regulations.

(4)

The issuance of the special business permit is in compliance with State and federal law and will not interfere with the preservation of the public peace, health, safety, or welfare.

(5)

The operation of the activity for which the permit is required comports with the peace, health, safety, convenience, good morals, and general welfare of the public.

(6)

The applicant, the applicant's employees, or associates of the person or persons who would be responsible for the management or supervision of the activity has not, within the previous five years, been convicted of any violation of this chapter or any law relating to dishonesty, fraud, deceit or moral turpitude.

(7)

The issuance of the short-term rental special business permit will conform to the requirements of this Code and will comport with the peace, health, safety, convenience, good morals, and general welfare of the public. To ensure that such short-term rental will comport therewith, the City may impose such terms, conditions, and restrictions upon the operation and conduct of such short-term rental in addition to the requirements of this Code as the City may deem necessary.

(g)

Conditions. In approving an application for a special business permit, the review authority may impose conditions that are deemed essential to ensure that the use shall be operated in compliance with this Code. These conditions may address any pertinent factors affecting the operation of the use.

(h)

Refusal to issue permit. If the review authority, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this section, the application shall be denied and the review authority shall notify the applicant of such denial, within 30 days of a completed application.

(1)

A short-term rental special business permit may be denied if:

a.

The application is incomplete;

b.

The application is not consistent with the requirements of this section;

c.

The application does not comport with short-term rental provisions found in section 44-112 or with the peace, health, safety, convenience, good morals, and general welfare of the public;

d.

The appropriate application fee has not been received;

e.

The application contains a false or misleading statement or omission of a material fact; or

f.

The application seeks authorization at an address where a short-term rental special business permit has been suspended, revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this section.

(i)

Short-term rental special business permit appeal. The applicant may appeal the decision of the special business permit subcommittee to either issue or deny the short-term rental special business permit pursuant to the procedures established in article IV, division 3, appeals, of this Code. The appeal authority shall be that person or body designated in the appropriate review authority table referenced herein under section 44-486, special permit review authority, table IV-2.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 11, 8-2-2022)

(a)

The intent of this division is to regulate adult oriented businesses which, because of their very nature, are believed to have many recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential areas in the vicinity of the adult oriented businesses; higher crime rates, noise, debris, or vandalism in the vicinity of adult oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. It is neither the intent nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the first amendment, or to deny access by the distributors or exhibitors of adult oriented business to their intended market.

(b)

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

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

The property owner, or authorized agent of the property owner, is eligible to request an adult oriented business permit. A single adult oriented business permit shall suffice for the operation of any single adult oriented business on any particular site or in any particular structure within the City.

(b)

The following information is required at the time an adult oriented business permit application is submitted to the Community Development Director:

(1)

A completed adult oriented business permit application signed by the property owner or authorized representative.

(2)

A nonrefundable deposit and/or fee as set forth by resolution of the City Council.

(3)

A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in this chapter.

(4)

All other information is required by the City adult oriented business permit information sheet.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Determination of completeness. The City Manager shall determine whether the application contains all of the information required by the provisions of this section. If it is determined that the application is not complete, the applicant shall be notified in writing within ten business 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 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application null and void. Within five business days following the receipt of an amended application or supplemental information, the City Manager shall again determine whether the application is complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail, or the date upon which personal service of such notice is provided.

(b)

Issuance of permit. The City Manager shall issue an adult oriented business permit within 15 calendar days of receipt of a completed application if he or she finds that the application fully complies with the findings/locational and operational requirements contained in Section 44-197. The applicant shall be notified within five business days of the date the City Manager issues the adult oriented business permit in the manner provided above. The decision of the City Manager to issue or deny a permit shall be final. If the City Manager does not issue or deny the permit within 15 calendar days of the date the application is complete pursuant to this chapter, the application shall be deemed issued by operation of law.

(c)

Prompt judicial review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law.

(Ord. No. 2015-01, § 3, 5-5-2015)

No adult oriented business permit may be sold, transferred, or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult oriented business from one element of an adult oriented business to another element of an adult oriented business shall also render the permit null and void. An adult oriented business permit shall only be valid for the exact location specified on the permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Revocation grounds. The City Manager may revoke an adult oriented business permit when he or she discovers that any of the following have occurred:

(1)

Any of the findings/operational and locational requirements contained in Article II are violated. A permit shall not be revoked for a violation if the accused can show, by clear and convincing evidence, that he or she did not know, and could not have reasonably learned, that the person on the premises was under the required age.

(2)

The application contains incorrect or false information.

(3)

The applicant is convicted of any felony or misdemeanor which is classified as a sex or sex-related offense, including, Penal Code §§ 220, 261, 262, 264, 264.1, 265, 266 (including 266(a) through 266(k)), 267, 286.5, 288, 288(a), 289, 647, 647(b), 647(d), and 647.6 or any violation of the City's massage ordinance, or any violation of any other adult oriented business ordinance of any other City, County, or State.

(4)

Any person who has been convicted of a sex-related offense including, those offenses listed in subsection (a)(3) as a result of his or her activity on the premises of the adult oriented business.

(5)

Any person has engaged in any active obscenity on the premises; or

(6)

Any person has engaged in any act of public nudity.

(b)

Revocation notice. Upon determining that the grounds for permit revocation exist, the Community Development Director shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within 15 calendar days of the posting or the postmark date on the notice. The notice shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as the permittee's name and address appear on the permit. Not later than 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the Community Development Director's determination with the City Clerk. The appeal shall state the specific basis for the appeal. If the appeal is filed within 15 calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (c).

(c)

Hearing on appeal. Upon receipt of a written request for an appeal hearing, the City Manager shall provide the applicant with a list of five potential hearing officers. The applicant shall pick one of the names from the list to act as the hearing officer. The applicant shall have the opportunity, but not the obligation, to pay 50 percent of the cost of the hearing officer. Unless jointly agreed to by the City and the permittee, the hearing officer shall conduct the hearing within 45 days of receipt of the notice of appeal. Written notice of the time, date, and place of the hearing shall be provided to the appellant/permittee no later than 15 calendar days prior to the date of the hearing. At the hearing, the appellant/permittee and the City shall be given the opportunity to present relevant evidence and call witnesses. The hearing officer shall not be bound by the formal rules of evidence in conducting the hearing.

(d)

Reapplication after revocation. No person, corporation, partnership, or member thereof or any other entity may obtain an adult oriented business permit for a business for a two-year period once its permit has been revoked.

(e)

Maintenance of status quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted adult oriented business, or who operates an adult oriented business without having within the establishment a valid adult oriented business permit issued by the City shall be guilty of a misdemeanor and shall be punished according to the general penalties described in Section 2-350 (Misdemeanor penalty). Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed. Except as expressly provided in this subdivision or the Penal Code, no other violations of the provision of this section shall be criminally prosecuted.

(b)

Any establishment operated, conducted, or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operating, conducting, or maintaining such an establishment contrary to the provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this division is to provide appropriate regulations for short-term activities on privately or publicly owned property, so that the activities will be compatible with adjacent and surrounding uses.

(Ord. No. 2015-01, § 3, 5-5-2015)

The following qualify as temporary uses, which are allowed in compliance with Article II, subject to the issuance of a temporary use permit:

(1)

Construction trailers and guard offices. Mobile trailers on active construction sites, for use as a construction office or temporary quarters for security personnel.

(2)

Temporary structures. The temporary use of buildings without a permanent foundation that can be relocated.

(3)

Environmental remediation units. The temporary use of remediation equipment to treat contamination.

(4)

Christmas tree sales. The temporary display of Christmas trees for sale, on private or publicly owned land.

(5)

Halloween pumpkin sales. The temporary display of Halloween pumpkins for sale, on private or publicly owned land.

(6)

Outdoor sales. The temporary display of goods and merchandise for sale, outside a building, on private or publicly owned land.

(7)

Modification of construction hours. The modification of the permitted hours for construction activities as referenced in Table III-3.

(Ord. No. 2015-01, § 3, 5-5-2015)

A permit application shall be filed in compliance with Division 1 of this article. A public hearing shall not be required for the issuance of a temporary use permit. Temporary uses may be subject to additional permits, other City department approvals, licenses, and inspections as required by any applicable laws or regulations.

(Ord. No. 2015-01, § 3, 5-5-2015)

The Community Development Director may approve a temporary use permit application in whole or in part, with or without conditions, only if all of the following findings of fact can be made:

(1)

The operation of the requested temporary use at the location proposed within the time period specified will not jeopardize, endanger, or otherwise constitute a hazard to the public convenience, health, safety, or general welfare and is not for a use that is not in compliance with all City, State, and federal laws and regulations.

(2)

The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

(3)

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate.

(4)

Adequate temporary parking to accommodate vehicular traffic generated by the use will be available either on site or at alternate locations.

(Ord. No. 2015-01, § 3, 5-5-2015)

In approving an application for a temporary use permit, the Community Development Director may impose conditions that are deemed essential to ensure that the temporary use shall be operated in compliance with the findings required by Section 44-1009. These conditions may address any pertinent factors affecting the operation of the temporary use and may include the following:

(1)

Nuisance factors. Regulation of nuisance factors, including prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke, trash, or vibration.

(2)

Operating hours and days. Regulation of operating hours and day, including limitation of the duration of the temporary use to a shorter time period than requested.

(3)

Parking facilities. Provision of temporary parking facilities, including on site vehicular and pedestrian circulation and vehicular ingress and egress.

(4)

Performance bond. Submission of a performance bond or other surety device in an amount determined by the Community Development Director to ensure that temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

(5)

Sanitary and medical facilities. Provision of sanitary and medical facilities, if deemed necessary by the Community Development Director.

(6)

Security measures. Provision of security and safety measures, if deemed necessary by the Community Development Director.

(7)

Signs. Regulation of signs.

(8)

Structures. Regulation of temporary structures and facilities, including placement, height, size, location of equipment, and the provision of open spaces, buffer areas, and other yards.

(9)

Waste collection. Provision for solid waste collection and disposal.

(10)

Other. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner in compliance with the purpose of this division.

(Ord. No. 2015-01, § 3, 5-5-2015)

The site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion of the temporary use.

(Ord. No. 2015-01, § 3, 5-5-2015)

The Community Development Director may revoke or modify a temporary use permit in compliance with Article IV, Division 5.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

The purpose and intent of this division is to provide a process for reviewing variance and minor exceptions applications, which are intended to allow for adjustment in the development standards of this chapter only when the strict application of this Code denies the property owner privileges enjoyed by other property owners in the vicinity and within identical zoning districts. Special circumstances that justify the granting of a variance or minor exception include the location, shape, size, surroundings, or topography of a site.

(b)

Any variance or minor exception granted shall be subject to conditions that would ensure that the variance does not constitute a granting of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated, in compliance with State law (Government Code § 65906). The reviewing authority may grant a variance or minor exception from any property development standard (including setbacks, heights, parking requirements, and other numerical standards) in this zoning code, subject to the procedures set forth in this section. Except for the minor exceptions listed below, all requests to deviate from code requirements shall require the approval of a variance. In calculating percentages specified in this section, rounding up of fractions shall not be permitted. The following deviations from code requirements may be processed as minor exceptions:

(1)

Minor exceptions for up to ten percent of standard. Any deviation of numerical standard contained in this zoning code of ten percent or less of the maximum or minimum standard may be granted.

(2)

Minor exceptions are not applicable to new construction projects as define in Section 44-10.

(Ord. No. 2015-01, § 3, 5-5-2015)

The review authority identified in Table IV-1 in Section 44-485 may grant approval of variances from the requirements of this chapter governing only the following development standards:

(1)

Dimensional standards. Dimensional standards including distance-separation requirements, lot area, fence and wall requirements, landscape and paving requirements, lot dimensions, on site parking areas, and open space.

(2)

Driveway length. A reduction in the required driveway length.

(3)

Onsite parking. A reduction in the number of required onsite parking spaces and/or loading spaces.

(4)

Parcel coverage. An increase in the maximum percent of parcel coverage allowed.

(5)

Setback/yard area. A reduction in the required setback/yard areas for structures, landscaping, swimming pools/spas, and equipment.

(6)

Signs. A change related to the number, size, placement, or illumination.

(7)

Structure height. An increase in the maximum allowed height of a structure.

(8)

Other standards. Other standards including operational/performance standards relating to dust, hours of operation, landscaping, light, noise, parking, and other controls established by this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a)

Contents. Applications for a variance shall be in compliance with Division 1 of this article.

(b)

Additional requirements. Applications for a variance shall also contain statements that address the following:

(1)

The precise nature of the variance requested.

(2)

The hardship or practical difficulty that would result from the strict interpretation and enforcement of this chapter.

(3)

Proof that the application meets the findings specified in Section 44-1041. The burden of proof to establish evidence in support of the findings is within the responsibility of the applicant.

(Ord. No. 2015-01, § 3, 5-5-2015)

Following a public hearing held in compliance with Article IV, Division 2, the review authority shall record the decision along with the findings upon which the decision is based, in compliance with State law (Government Code § 65906). The review authority may approve an application, with or without conditions, only if all the following findings of fact can be made:

(1)

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

(2)

Granting the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

(3)

Granting the variance would not authorize a use of activity that is not otherwise expressly authorized by the zoning district regulations governing the subject property.

(Ord. No. 2015-01, § 3, 5-5-2015)

In approving a variance, the review authority may impose specific development conditions relating to both on-site and off-site improvements (e.g., dedications, easements, and public improvements), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 44-1041.

(Ord. No. 2015-01, § 3, 5-5-2015)

Each application is reviewed on a case-by-case basis and the granting of a prior variance is not admissible evidence for the granting of a subsequent variance.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this division is to provide a method for the adoption of specific plans, in order to provide adequate development flexibility for innovation in development concepts, land use mixes, and site design.

(Ord. No. 2015-01, § 3, 5-5-2015)

The review authority designated in Section 44-485, Table IV-1 may grant approval of specific plans and specific plan amendments.

(Ord. No. 2015-01, § 3, 5-5-2015)

Specific plans must comply with Government Code §§ 65450 to 65457.

(Ord. No. 2015-01, § 3, 5-5-2015)

Applications for a specific plan shall be in compliance with Division 1 of this article.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this division is to provide a permit process for the review and approval of artificial turf.

(Ord. No. 2015-01, § 3, 5-5-2015)

The approval authority designated in Section 44-485, Table IV-1 (review authority) may grant approval of artificial turf permits.

(Ord. No. 2015-01, § 3, 5-5-2015)

Applications for artificial turf permits shall be filed in compliance with Division 1 of this article. In addition, the artificial turf permit application shall include a sample of the artificial turf material, a sample of the infill material (if applicable); warranty information; installation details; material specifications (i.e., face weight, pile height, composition, etc.)

(Ord. No. 2015-01, § 3, 5-5-2015)

Artificial turf permits are subject to the expiration provisions in Article IV, Division 4.

(Ord. No. 2015-01, § 3, 5-5-2015)

An artificial turf permit may be extended if, in the judgment of the review authority, the proposed installation under the terms and conditions of the existing artificial turf permit will conform with all applicable municipal ordinances and regulations thereunder have been complied with. The review authority may extend the artificial turf permit for an additional period of one year or other term if a different period of validity was specified in the original artificial turf permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

An artificial turf permit may be revoked or modified in compliance with Article IV, Division 5.

(Ord. No. 2015-01, § 3, 5-5-2015)

The artificial turf permit fee shall be established by resolution of the City Council to offset the costs associated with administering the artificial turf regulations.

(Ord. No. 2015-01, § 3, 5-5-2015)

The purpose of this division is to allow outdoor display and incidental seating as an accessory use in conjunction with a lawfully established business. This division is intended to ensure that outdoor displays and incidental seating furniture enhance the overall appearance of businesses and commercial centers.

(Ord. No. 2015-01, § 3, 5-5-2015)

The approval authority designated in Section 44-485, Table IV-1 (review authority) may grant approval of outdoor display and seating permits.

(Ord. No. 2015-01, § 3, 5-5-2015)

Applications for outdoor display and seating permits shall be filed in compliance with Division 1 of this article, permits, plans, and certificates. The outdoor display and seating permit application shall include the following information:

(1)

The physical location of the proposed outdoor display or seating area.

(2)

The type of permitted activity (i.e., outdoor display, seating, or standing sign).

(3)

A statement of the days and hours the applicant will engage in the permitted activity.

(4)

Location and size of all existing and proposed display furniture and equipment with photographs or catalogue pictures of such items.

(5)

The total square footage, exact dimensions, and the proposed occupancy of the incidental outdoor display or seating area (i.e., the number of seats and tables within the incidental outdoor dining area).

(6)

The existing and proposed on-site vehicular and pedestrian circulation patterns.

(7)

Description and height dimensions of the proposed outdoor furniture to be used.

(Ord. No. 2015-01, § 3, 5-5-2015)

All incidental outdoor areas shall conform to the following general requirements:

(1)

Outdoor areas shall be located on a hard and durable surface in a location so as not to impede pedestrian or vehicular ingress/egress to the establishment, and specifically shall not be located within public rights-of-way or create unsafe conditions.

(2)

Outdoor areas shall be located at least 25 feet from any residentially used or zoned property.

(3)

Display items and furniture shall not exceed five feet in height except for accessories providing shade such as canopies and umbrellas.

(4)

Outdoor areas shall not be allowed in areas set aside, required, or designated for driving aisles, driveways, maneuvering areas, emergency access ways, off-street parking, or unloading/loading.

(5)

Outdoor areas shall be permitted only on privately owned walkways where a minimum width of five feet is maintained for pedestrian movement.

(6)

A-frame signs shall not be permitted as part of an outdoor area.

(7)

Outdoor areas shall only be accessory to businesses that conduct most activities within an enclosed building.

(8)

An outdoor area shall not extend into a frontage of a neighboring business.

(9)

Merchandise or accessories shall not be attached to wall surfaces, columns, roofs, or any other part of the building unless approved by the City.

(10)

The permit holder for the outdoor area shall be responsible for keeping the area clean of all trash and litter. Hosing or pressure washing shall not be permitted along sidewalks and walkways.

(11)

The permit holder shall not operate any bell, siren, horn, loudspeaker, flashing lights, or any similar device to attract the attention of possible customers or be a nuisance to the general public.

(12)

All sales shall take place inside of the established business.

(13)

In the event of an emergency or in a situation where necessary circumstances arise, a permit holder shall remove all articles from the sidewalk when directed to do so by any City employee, law enforcement officer, fire official, or emergency medical personnel.

(14)

Outdoor seating, display furniture, and signs shall be of high visual quality and shall enhance the aesthetic character of the surrounding commercial area.

(15)

Chairs and tables shall not be exclusively made of plastic and shall be constructed of a durable material.

(16)

Any change, alteration, or enlargement of an already permitted outdoor area shall require the permittee to submit a new application and plans to the Community Development Department.

(17)

An outdoor area shall be an incidental extension of a legally established commercial business. The approval in no way grants or permits a secondary business that is not in conjunction with the already established business at the subject location.

(18)

Accessories providing shade, such as umbrellas or canopies, shall be of durable fabric and not be composed of nylon taffeta or any other synthetic plastic material unless otherwise approved by the review authority.

(19)

Shades and umbrellas may not be promotional accessories used to advertise or market a service or product. They shall be of a single color and enhance the appearance of the area unless otherwise approved by the review authority.

(20)

The incidental outdoor dining area shall comply with the Americans with Disabilities Act (ADA) and Title 24 handicap accessibility requirements of the California Code.

(21)

The City shall reserve the right to modify or rescind the outdoor display and seating permit at any time and for any circumstances it deems appropriate.

(22)

Only display materials and signs approved on the officially submitted application shall be permitted in association with the outdoor display or seating area.

(23)

Outdoor entertainment shall not be allowed in conjunction with an outdoor area.

(24)

Coin-operated machines, drop off boxes/bins, vending machines, or any other device shall not be permitted as an outdoor display under this division.

(25)

If deemed necessary, the review authority shall have the right to require the applicant to provide stanchions which enhance the appearance of the outdoor area to delineate between the outdoor area and the walkway.

(26)

Signs may be six square feet in area or one-half in area for each linear foot of outdoor area, up to a maximum of 12 square feet of aggregate sign area.

(27)

All outdoor furniture shall be maintained in a high-quality state and remain free of cracks, chips, rips, fading, rust, and other signs of wear.

(Ord. No. 2015-01, § 3, 5-5-2015)

Proposed outdoor merchandise displays and signs shall conform to the following standards:

(1)

Display areas shall be limited to cover no more than one-half of the total frontage of a retail business and shall not be located within three feet of a business entrance.

(2)

All display tables shall have a topper and or skirt in order to enhance the appearance of the display furniture.

(3)

The review authority shall have the right to require additional parking as provided in Article III, Division 4 if necessary.

(4)

All outdoor merchandise, displays, and signs shall be moved inside the retail building at any time the business is not in operation or in the event of inclement weather.

(5)

The issuance of a permit for an outdoor display use does not grant or infer vested rights to the use of an incidental outdoor seating area by the permit holder unless explicitly approved by the review authority.

(6)

Outdoor displays shall not be used exclusively to advertise liquidation merchandise and products.

(Ord. No. 2015-01, § 3, 5-5-2015)

Incidental outdoor seating and dining areas shall conform to the following requirements:

(1)

An incidental outdoor seating area may include, but not be limited to chairs, tables, canopies, and other accessories used for outdoor seating or dining which are specifically indicated on the permit application.

(2)

Seating areas shall not be located within three feet of a business entrance.

(3)

An outdoor seating area shall be limited to:

a.

A maximum of 20 percent of the number of indoor seats or a maximum of 20 seats, whichever is more restrictive; and

b.

A maximum of five tables.

(4)

All outdoor seating or signs shall be moved inside a building at any time a business is not in operation unless otherwise permitted by the review authority.

(5)

The issuance of a permit for an outdoor seating use does not grant or infer vested rights to the use of an outdoor display area by the permit holder unless explicitly approved by the review authority.

(6)

No sales or consumption of alcohol shall be allowed in an incidental outdoor seating area.

(7)

No smoking shall be allowed in an incidental outdoor seating area.

(8)

Outdoor furniture shall not be mismatched or in haphazard assembly.

(Ord. No. 2015-01, § 3, 5-5-2015)

Except as a permit may be issued pursuant to Section 44-269, it shall be unlawful for any person to display, exhibit, sell, or offer for sale any food, beverages, goods, or wares of any kind whatsoever, by whatever name called, outdoors within the City. Any person violating this section shall be subject to the enforcement provisions of this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

Outdoor display and permits shall be valid for one year and may be extended in accordance with this Code.

(Ord. No. 2015-01, § 3, 5-5-2015)

An outdoor display and seating permit may be extended if, in the judgment of the review authority, the proposed installation under the terms and conditions of the existing outdoor display and seating permit conforms to all applicable municipal ordinances and all regulations in this division have been complied with. The review authority may extend the outdoor display and seating permit for an additional period of one year or other term if a different period of validity was specified in the original outdoor display and seating permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

An outdoor display and seating permit may be modified with the submittal of a new application to the Community Development Department. The new application shall clearly indicate all relevant details in association with the modified outdoor use and shall require the owner's consent. Once the new application is formally submitted to the community development department it shall be reviewed by the designated review authority and the applicant will be informed of the determination.

(Ord. No. 2015-01, § 3, 5-5-2015)

The outdoor display and seating permit fee shall be established by resolution of the City Council to offset the costs associated with administering the outdoor display and seating regulations.

(Ord. No. 2015-01, § 3, 5-5-2015)

It is the policy of the City, pursuant to the federal Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with the disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. This division establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the City to comply fully with the intent and purpose of the fair housing laws.

(Ord. No. 2015-01, § 3, 5-5-2015)

Requests for reasonable accommodation shall be reviewed by the Community Development Director pursuant to Section 44-485, Table IV-1, and using the criteria set forth in Section 44-1161.

(1)

The Community Development Director shall issue a written decision on a request for reasonable accommodation within 30 days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation, in accordance with the required findings set forth in Section 44-1161.

(2)

If necessary to reach a determination on a request for reasonable accommodation, the Community Development Director may request further information from the applicant, consistent with the fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

(Ord. No. 2015-01, § 3, 5-5-2015)

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a City land use, zoning or building regulation, or policy, practice or procedure acts as a barrier to fair housing opportunities for persons with disabilities.

(Ord. No. 2015-01, § 3, 5-5-2015)

In order to make housing available to an individual with a disability, any person to which this division applies as set forth in Section 44-1159 may request a reasonable accommodation in land use, zoning or building regulations, or policies, practices, or procedures in the following manner:

(1)

Requests for reasonable accommodation shall be made in writing to the Community Development Director and shall provide the following information:

a.

Name and address of the individual requesting reasonable accommodation;

b.

Name and address of the property owner;

c.

Address of the property for which reasonable accommodation is requested;

d.

Description of the requested accommodation and the regulations, policies and/or procedures for which accommodation is sought; and

e.

Reason that the requested accommodation may be necessary for the individual with the disability to use and enjoy the housing.

(2)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law or court order.

(3)

A request for reasonable accommodation in regulations, policies, practices, or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.

(4)

If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance, to the extent reasonably feasible, to ensure that the process is accessible.

(Ord. No. 2015-01, § 3, 5-5-2015)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

(1)

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under the fair housing laws;

(2)

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the City; and

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning and/or building program.

(Ord. No. 2015-01, § 3, 5-5-2015)

The Community Development Director shall prepare a written decision in the form of an administrative approval on a request for reasonable accommodation.

(1)

The written decision on an application for reasonable accommodation shall explain in detail the basis of the decision, including the Community Development Director's findings on the criteria set forth in Section 44-1161. All written decisions shall give notice of the applicant's right to appeal and request reasonable accommodation in the appeals process as set forth in Section 44-1163. The notice of decision shall be sent to the applicant by mail.

(2)

The written decision of the Community Development Director shall be final unless an applicant appeals it to the City Council in accordance with the procedures set forth in this division.

(3)

If the Community Development Director fails to render a written decision on an application for reasonable accommodation within the 30-day time period set forth in Section 44-1158, the request shall be deemed granted.

(4)

While an application for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 30, 5-3-2016)

(a)

Within 30 days of the date of the Community Development Director's written decision, an applicant may appeal an adverse decision to the City Council. Appeals from the adverse decision shall be made in writing and filed with the City Clerk. A decision made by the City Council concerning the appeal shall be final.

(b)

If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance, to the extent reasonably feasible, to ensure that the appeals process is accessible.

(c)

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law or court order.

(d)

Nothing in this procedure shall preclude an aggrieved individual from seeking any other State or federal remedy available.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 31, 5-3-2016)

The purpose of this division is to define the parameters of batched broadband permits. This division is intended to ensure that broadband permit applications are processed in a manner to allow consistent and careful consideration for the purpose of promoting broadband throughout the City and maintaining the quality of residential and commercial areas of the City.

(Ord. No. 2024-02, § 4, 3-5-2024)

(a)

Batch broadband permit processing means the simultaneous processing of multiple broadband permit applications for substantially similar broadband project sites under a single permit.

(b)

Broadband permit application means an application or other documents submitted for review by a local agency to permit the construction of a broadband project.

(c)

Broadband project means the proposed facility, including the support structure and any supporting equipment necessary for operation of the proposed facility. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may require separate permits or authorizations by the City.

(d)

Presumptively reasonable time for the purposes of this section shall mean the timeframe, if any specified by applicable law, and in the absence of such law, whatever time the Planning Division deems reasonable to process the broadband permit applications.

(e)

Simultaneous for the purposes of this section means broadband permit applications which are submitted at the same time.

(f)

Substantially similar broadband project sites means broadband project sites that are nearly identical in terms of equipment and general design but not location.

(Ord. No. 2024-02, § 4, 3-5-2024)

Requests for permits for any broadband project shall require that a City application form be filled out in its entirety and submitted to the Community Development Director. In addition, other materials, reports, dimensions, plans, or other information required to take an action on the application as identified in this division and the application guidelines, shall be submitted with the application. The Application guidelines, which include a list of required items for each type of application, are available as a handout in the Community Development Department. It is the responsibility of the applicant to ensure that all required information is provided.

(Ord. No. 2024-02, § 4, 3-5-2024)

At any given time, the City shall limit the number of permits in a batch broadband permit processing to 25 simultaneous permits. For each permit over one, the applicant shall file a separate amendment to the permit defining the location of the broadband project and what differences in design or construction exist between the additional broadband project and the original broadband project.

(Ord. No. 2024-02, § 4, 3-5-2024)

A completed application shall include the following information at a minimum, subject to additional requirements as imposed by the Planning Manager:

(1)

The application form with all applicable information included on, or attached to, the form.

(2)

Other information or forms required for implementation of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) in compliance with City and State guidelines for the implementation of CEQA.

(3)

An addendum for each permit over one that is applied for simultaneously, which describes the location of each additional broadband project, and describes how the broadband project is substantially similar to the original broadband project applied for.

(4)

Payment in full of the required fees and/or deposit for processing the application, in compliance with the City Council's fee resolution (application fees).

(5)

Address and legal description of the property under consideration.

(6)

Other information required by the Planning Manager or his/her designee.

(Ord. No. 2024-02, § 4, 3-5-2024)

Applicant shall be notified of approval within a presumptively reasonable time or in a time mutually agreed upon by the City and the applicant, whichever is later.

(Ord. No. 2024-02, § 4, 3-5-2024)

The City Council shall establish by resolution, and from time to time amend by resolution, a schedule of fees and costs for applications for permits, licenses, appeals, amendments, and approvals required or allowed by this chapter to reimburse the City for all costs reasonably and necessarily incurred as the result of processing the application, as allowed by law.

(Ord. No. 2024-02, § 4, 3-5-2024)