When any principal building is constructed, enlarged, or increased in capacity, or when a change in use triggers an increase in off-street parking, the applicant shall provide for additional off-street parking spaces, alternative services, or in-lieu fees shall be required, in conformity with this section.

Outdoor dining associated with an approved principal restaurant use, temporary use permits, outdoor displays, outdoor sales, and outdoor storage lots do not generate additional parking requirements provided that these elements do not displace required parking spaces or public rights-of-way.

Parking requirements shall be established by the primary use.

Fractional space requirements shall be rounded down to the nearest whole space.

When two or more uses are located in the same building and/or are common developments, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this section.

Off-street parking facilities for one commercial use may be considered as providing required parking facilities for another commercial use only if it can be shown that the business peak hours of the two uses are adequately offset. Such arrangement shall be subject to the approval of the community development director through the applicable discretionary permit process. Absent any applicable discretionary permit requirement, the community development director may approve the arrangement through a zoning clearance.

Where two or more commercial uses in a commercial development are combining parking facilities, the minimum space requirement may be reduced by up to one-quarter of the sum of the requirements of the various uses.

The city council may reduce the total number of parking spaces required for any multifamily residential development by up to fifty percent, based upon findings that the proposed development is located within close proximity (one-quarter mile) to a shopping center containing a store that provides basic necessities or public transit.

The city council may modify parking space requirements for any project provided the application is consistent with Section 17.28.060.

Parking requirements for uses not described in this section shall be one parking space per five hundred square feet of floor area.

Required off-street parking spaces shall be provided in the quantities defined in the following schedule:

Off-street parking spaces to serve single-family residential lots shall be located on the same lot as the dwelling served (including accessory dwelling units (ADUs)). Such spaces shall not be located within a required front or side yard setback, except as allowed for accessory dwelling units and junior accessory dwelling units in Section 17.24.060(D)(1).

Off-street parking spaces for duplex and multi-family dwellings shall be located on the same lot as, or not more than one hundred feet from, the dwelling served except as approved by conditional use permit or planned development permit. One parking space per dwelling unit shall be within a garage, carport or other suitable covered structure, and the other may be uncovered. Such spaces shall not be located within a required front or side yard setback.

In commercial and industrial zones, at least fifty percent of off-street parking spaces shall be located on the same lot as, or on a lot contiguous to, the building or use being served. The remaining parking may be located off site.

Except for single-family dwelling developments, groups of more than two parking spaces shall be so located and served by an access drive that the use of the spaces and the access drive will require no backing movements or other maneuvering within a street right-of-way. Alleys may be used for maneuvering.

Entrances from and exits to streets and alleys shall be provided at locations approved by the city engineer or other appropriate city officer.

Access drives to required parking spaces serving the site shall be finished with a surface material that complies with subsection (E)(3).

Accessible Parking Spaces and Path of Travel. Required accessible parking spaces and path of travel shall be designed consistent with Title 24 of the California Building Code. Ramps shall be provided where necessary for access.

Surface. Parking areas shall be finished with a surface material as follows:

Parking areas shall include adequate drainage facilities and water quality elements in conformance to the current Regional Water Quality Control Board Order and this code.

Lighting provided to illuminate any parking facility or paved area shall be designed to contain the direct illumination on-site and minimize glare on any adjoining residential development.

Bumpers, posts, wheel stops, or other acceptable devices designed to protect structures, utilities and landscape shall be installed at parking spaces located along the perimeter of a parking lot in order to prevent vehicles from overhanging walkways, planted areas or property lines, or from striking walls, trees or any other object.

Parking lots shall be completely striped or marked, indicating individual parking spaces, accessible parking, path of travel, and traffic lanes. Alternative stall designations (wheel stops with numbers, posts at the head of stalls, etc.) shall be installed to the satisfaction of the city engineer and the community development director for parking surfaces finished with loose aggregate.

The parking area shall be designed and constructed to conform to Section 17.24.050, Landscaping and screening.

Compact Parking Spaces. Up to seventy-five percent of the total spaces may be designed for compact cars in projects with ten or more required parking spaces.

Adequate quantities and secured parking accommodations for motorcycles, scooters and alternative transportation devices are encouraged. Requests to offset standard parking requirements with alternative parking spaces may be approved through a discretionary permit process.

Character of the neighborhood;

Density of metering;

Amount and type of on- and off-street parking;

Relative vehicle turnover;

Other such information as the city council may require or the city manager may deem appropriate.

When any main building is constructed, enlarged, or increased in capacity, or when a change in use creates an increase in the amount of off-street loading space required, additional off-street loading space shall be required.

No portion of any front yard, or any side yard on the street side of a corner lot, shall be used for off-street loading purposes.

Fractional space requirements shall be counted as a whole space.

Loading spaces shall be so located and designed that trucks shall not back into a public street or alley.

No part of an alley or street shall be used for loading excepting areas designated by the city for loading.

No area may be utilized and counted both as a required parking space and a required loading berth space.

In the case of mixed uses, the total number of required loading spaces shall be the sum of the requirements for the various uses computed separately. Loading space facilities for one use shall not be considered as providing required loading space facilities for any other use.

Requirements for uses not specifically listed herein shall be based upon the requirements for comparable uses listed and upon the particular characteristics of the use as determined by the planning director.

Lighting. If the loading area is illuminated, lighting shall be deflected away from residential uses so as to cause no annoying glare.

Access Drives. Entrances from and exits to streets and alleys shall be provided at locations approved by the director of public works. In no case shall access drives be less than one hundred feet apart, measured center to center.

Landscaping and Screening. As prescribed in Section 17.24.050.

All required yards on the street frontage of lots shall be measured from the road public right-of-way line.

In any residential district, when more than fifty percent of the lots along a block face, or such other distance as is determined by the community development director to be appropriate, are developed, then the required front yard setback for a given lot shall be the lesser of either the yard standard for that district or the average of setbacks of those developed lots on both sides of the street provided a driveway length is not less than nineteen feet deep from the garage door to the property line or right-of-way.

In any commercial district, the front yard setback for a given interior lot shall be determined by the lesser of either the yard standard for that district or the average of setbacks of the two adjacent lots, if both such lots are developed.

Notwithstanding other limitations, all required yards may be used for landscaping, walkways and driveways.

On the street side of a corner lot, no building shall be placed within a triangular area formed by a line drawn between points twenty feet from the intersecting property lines of a corner lot, nor shall any fence or other structure within said area exceed three and one-half feet in height.

In the case of a triangular corner lot with two street frontages, either frontage may be selected as the front yard. The remaining frontage shall be considered a street side yard and the yard abutting the lot line without street frontage shall be considered a side yard.

Notwithstanding the specific standards of each zoning district, the street side yard of a corner lot shall be no less than ten feet.

A side yard, which abuts an alley or a private easement road, with a width of forty feet or less, shall not be considered a street side yard.

Residential lots which have greater than fifty percent of their street frontage on the enlarged portion of a cul-de-sac street shall observe a front yard setback of either fifteen feet or the average of the setbacks of the two abutting lots, whichever results in the lesser setback.

For new commercial buildings, sidewalk arcades and similar architectural features may be established and maintained in a required front yard upon approval of any encroachment permit. Such architectural features may be added to existing commercial buildings by conditional use permit (Section 17.28.050).

The minimum distance between a principal building and any other building on the same lot shall be ten feet; provided that any of the above distances shall be increased by one foot for each two feet that any building involves exceeds twenty-five feet, unless a more strict height regulation prevails.

No detached accessory building shall be closer than ten feet to any other building or closer than five feet to any property line, except accessory dwelling units as specified in Section 17.24.060(D)(1).

Where a rear yard abuts an alley, one-half of the width of such alley may apply to the depth of the rear yard to the extent of not more than fifty percent of the depth of the required rear yard.

Unless otherwise specified, within commercial and industrial developments off-street parking may be permitted within that part of the required front or street side yard, except the outer five feet of such yards must be kept free of off-street parking when they abut any residential district.

Notwithstanding the specific standards of each zone, within the RL/M, RM, and RM/H zones interior side and rear yard requirements may be waived, to provide for zero lot line residential development, upon the approval of the city council. Approval shall be a part of the planned development permit process (Section 17.28.030).

No projection shall extend into a public utility easement, nor shall any projection reduce access ways or walks at ground level to less than three feet in obstructed width.

Certain structures and equipment may extend into the minimum required yards according to the following schedule:

Building or Other Facility. In the case of a building or other structure, except those listed in subsection (B)(2) of this section, height shall be measured as the vertical distance by which such building or other structure, or portion thereof, extends above the average elevation of the adjoining finished grade(s) within five feet of the structure.

Fence, Wall, Screening, or Dense Landscaping. In the case of a fence, wall, screening, or dense landscaping, height shall be measured as the vertical distance by which such structure, or portion thereof, extends above the highest elevation of the adjoining finished grade.

Structures on Top of Buildings. Projections above any building, including, but not limited to, parapet walls, solar water heating and photovoltaic systems, nonresidential penthouses, chimneys, and necessary mechanical appurtenances may extend not more than eight feet above the roof of the building.

Antennas on Top of Buildings.

Freestanding Flagpoles. Freestanding flagpoles may project not more than thirty feet above finished grade.

Freestanding Antennas.

Residential.

Commercial. Commercial structures may exceed their maximum heights only if every yard is increased by one foot in depth for every one foot in height.

Industrial. Industrial structures may exceed their maximum heights only if every yard is increased by one foot in height.

Accessory Buildings.

In any property development, an area shall be devoted to landscaping which amounts to a minimum of fifteen percent of total lot area in residential developments, and ten percent of the total lot area in nonresidential developments.

All landscaping required by this section shall be installed and maintained in accordance with a landscaping plan as approved by the planning community development director. This plan shall indicate the precise location, size and species of all landscaping materials. The use of drought resistant planting materials is required.

All planting areas shall be served by a permanent, water conserving irrigation system with an automatic rain sensor.

Ground cover may consist of low-growing plant materials, bark mulch or crushed rock.

Shrubbery which is intended to provide a dense screen to meet specific requirements of this section and plants installed as groundcover shall be of such size and growth characteristics as to be capable of reaching their specified height or extent of horizontal coverage within one year of planting.

Except in RL and RL/M districts, all planting areas shall be bounded by a curb having a minimum height of six inches.

Landscaping areas shall be kept free from weeds and debris. Whenever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

For all off-street parking areas of five or more spaces, an area equivalent to a minimum of ten percent of the area provided for parking shall be landscaped. Such landscaping shall be considered as a portion of the landscaping required for the entire lot. As part of this landscaping, one tree for every six parking spaces, or fraction thereof, shall be provided and located so as to visually disrupt long rows of parked automobiles. These trees shall be at least fifteen gallons in size, may be clustered and shall be provided with a means of irrigation and properly maintained.

All fences and walls shall be constructed of durable, low-maintenance materials including, but not limited to, decorative masonry block, stone, wood, rigid vinyl fence material, chainlink, metal and wrought iron. Walls constructed of concrete block shall be painted or covered with neutral-colored stucco that is consistent with the colors of the structures on the subject property.

Open fence material is any fence material with a given dimension either vertical or horizontal elements with a minimum of ninety percent of open area between either vertical or horizontal support or structural elements.

All fences and walls shall be constructed in a professional manner and in accordance with the city of Lemon Grove Wood and Masonry Fence detail.

The property owner is responsible for the removal of graffiti on fences and walls within forty-eight hours of discovery. Said graffiti shall be removed or painted over with a color that closely matches the surface color.

All fences, walls and other screening devices shall be maintained in good condition at all times.

Where fences, walls or other screening devices are erected within any required front or street side yard, the area between such structures and the property line shall be landscaped with low growing, drought-tolerant plant materials.

Walls and fences more than six feet in height shall be subject to the approval of the community development director. The approval of said fences and walls by the community development director shall be based on unique conditions or unusual circumstances relating to the topography, lot design subject property, location of easements, driveway location, vehicular sight distance or public right-of-way circumstances to achieve parity with other properties in the same vicinity and zone and shall be subject to the variance findings of fact set forth in Section 17.28.060 of the Municipal Code.

Prescribed fences, walls, or dense landscaping need not be provided along a lot line if a fence, wall, or dense landscaping of at least equivalent height, density, and maintenance exists immediately abutting and on the opposite side of such lot line.

A landscaped earthen berm may count toward required heights of landscaping and screening.

Rooftop mechanical equipment, including, but not limited to, heating, air conditioning and ventilating equipment on all commercial and industrial buildings and all multifamily dwellings shall be screened so that it may not be seen from the level of adjacent streets and sidewalks.

Properties located within the special treatment area I (STA I) are subject to the requirements of the city of Lemon Grove downtown specific plan.

A minimum clearance of three feet shall be provided between fences, walls or other screening devices and fire hydrants or other fire protection water supplies sources. (California Fire Code Section 508.5.5)

Solid natural wood or durable simulated wood products having the appearance of natural wood;

T-111 or similar exterior siding material when painted, stained and protected from weathering;

Decorative masonry or concrete block (CMU) painted or coated with neutral-colored stucco surface on both sides and consistent with the color of the structures on the subject property;

Stone, natural or artificial;

Neutral colored rigid vinyl fence material;

Open chainlink or chainlink with wood, neutral colored metal or flexible neutral colored vinyl slats. Fences constructed of said materials shall be located only on the interior side, street side lot lines behind the front yard setback and the rear lot line or on the secondary frontage (nonentrance frontage) of a through-lot;

Other similar durable, low maintenance materials approved by the community development director.

Plywood, oriented strand board (OSB) or similar material;

Bamboo mat or similar material;

Corrugated sheet metal or fiberglass;

Plastic or fabric tarp material;

Patio shade cloth or similar flexible fabric or material;

Barbed wire and/or razor ribbon, except as allowed by this section;

Other materials as determined by the community development director.

The use of barbed wire or razor ribbon is permitted on properties in commercial or industrial zones upon approval of the community development director and where there is a demonstrated need for this type of fence material. The use of barbed wire and/or razor ribbon on fences located in the front yard or side street set back or in front of the principal building on the lot, whichever is greater, is prohibited.

Fences in commercial and industrial zones may be up to a maximum of seven feet including the height of barbed wire and/or razor ribbon, unless there is a demonstrated need for a greater height and subject to approval by the community development director.

No fence wall or other screening device in commercial and industrial zones and within any required front or street side yard shall exceed three and one-half feet in height except as follows:

In any residential zone, for corner lots located on Four-Lane Major, and Class I, II and III Collector arterial streets, fences, walls, or other screening devices erected along the side lot line of a corner lot may be built to a height of six feet, and such devices may be built to a height of forty-two inches within the required front yard setback according to the following conditions and exceptions:

In any residential zone, for corner lots located on streets other than arterial streets, fences, walls, or other screening devices erected along the side street lot line of a corner lot may be built to a height of six feet provided:

A screening device consisting of dense landscaping a minimum of three and one-half feet in width or a solid fence or wall, or a minimum height of six feet shall be provided:

Where an off-street parking area of five or more spaces, or an off-street loading area, adjoins a street or a required front or corner yard, then a solid wall or fence, or compact evergreen hedge shall be provided along either the street lot line or the street side of the parking or loading area, standing no less than three and one-half feet in height.

All openings for access ways in required screenings shall be provided with gates or other devices constructed of view-obscuring materials, except for off-street parking or loading areas.

Fences and walls that comply with the following requirements and do not exceed six feet in height may be constructed without a building permit when located on private property in all residential zones and in the residential professional (RP) zone when the subject property is developed with a residential land use. The development services director may require the issuance of a building permit for entryway elements exceeding six feet in height when constructed of masonry, wood, metal, other heavy material or when required by the building code.

Fences located in the required front yard and side street setback may be a maximum of six feet in height provided:

Solid wood, masonry or other forms of solid fences, walls or screening devices located in the required front yard, and side street setback shall not exceed forty-two inches in height unless approved by the variance procedures of Section 17.28.060 of the Municipal Code except as follows:

Chain link fences, solid wood fences, solid masonry walls or hedges located in the front yard setback; interior side yard and the portion of the side street setback located in front of the principal structure(s) on the subject property shall not exceed forty-two inches.

No portion of a solid fence or wall located in the front yard or side street setback in front of the structure may exceed forty-two inches in height except for posts, pilasters, or columns. The portion of a fence or wall in excess of forty-two inches in height shall consist of open fence material as defined by subsection (E)(2) such as open metal trellis, wrought iron or other open durable and rigid material or a durable, rigid transparent material that provides adequate visibility of the front of the property from the public right-of-way. Fences with vertically curved metal, wrought iron or similar design elements located between posts, pilasters or columns may exceed the six-foot maximum height by six inches at the highest point of the curved element. The use of wood or plastic lattice or other similar materials that do not provide adequate visibility of the front portion of the property or that require other than minimal maintenance is prohibited.

Fences and walls with posts, columns or pilaster features may be constructed provided these features are located a minimum of eight feet on center, unless a lesser distance is necessary to accommodate a wall with a horizontal curve, topography or other design constraint. Masonry pilasters, columns or similar features shall not exceed sixteen inches in width.

Landscaping that forms a solid barrier or hedge located adjacent to fences and walls in the front yard and side street setbacks are permitted provided the landscaping does not exceed forty-two inches in height.

Fences exceeding six feet in height, measured from finished grade within the property, unless allowed pursuant to subsection (E)(7) in residential zones are prohibited. This provision does not prevent the placement of a fence or wall on top of a retaining wall that retains earth or soil to the full height of the retaining wall.

The use of barbed wire and/or razor ribbon is prohibited in all residential zones. Barbed wire or razor ribbon may be permitted on the rear lot lines of properties in residential zones where the rear lot line of a property located in a residential zone abuts a commercial or industrial zone upon approval of the community development director and where there is a demonstrated need for this type of fence material.

Fences located on through-lots in all residential zones may be a maximum of six feet in height and constructed of solid wood, masonry or other opaque material on the secondary frontage (non-entrance frontage) property line of the through lot.

Fences or walls that create or cause a hazard;

Fences that obstruct or limit emergency access to properties;

Chain link fences in excess of forty-two inches in height in the front yard and side street setback in front of the residence on the property;

Fences, walls or dense vegetation located adjacent to driveways or on corner lots that obstruct vehicular sight distance as determined by the city engineer are prohibited;

Fences within easements or other property right reservation areas.

All refuse containers shall be screened by an enclosure consisting of masonry and opaque, durable gates, which shall be a minimum height of six feet. Upon the determination of the community development director, an opaque covering may be required on top of the enclosure. Refuse enclosures shall be subject to the following:

Attached Accessory Buildings. In cases where an accessory building is attached to the main building, it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to main buildings.

Communications Facilities. The physical components that compose new wireless communications systems. Any type of building-mounted or freestanding communications structures may be allowed, subject to the following:

Detached Accessory Buildings. All buildings shall be compatible in siding and roof materials, roof overhang, and window treatments, with on-site structures; shall conform to Section 17.24.080, Performance standards; and shall not create any hazardous conditions as determined by the public works director and the building official.

Kiosks, Stands, and Carts. City pre-approved models of these facilities are allowed on private property in commercial or industrial zones and on public property in any zone, subject to the following standards:

Communications. Uses that provide exchanges of information through wireless communications facilities components consistent with Section 17.24.080.

Construction Staging and Laydown—Off-Site. Construction materials and equipment may be located on sites separate from, but in close proximity to, the approved construction site. The area shall include:

Parking. Off-street parking that serves residents, employees, or patrons of a principal use, whether located on the same lot or on a different lot, is allowed in all zones, except:

Community gardens consistent with provisions in Section 17.24.080, Performance and restricted use standards.

Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).

Assembly Space. Assembly space that is supportive of and incidental to a principal use and utilized by employees or clients of the principal use.

Day Care. A facility licensed and equipped as required by law, which provides nonmedical care or supervision for periods of less than twenty-four hours, is allowed as follows:

Garage, Yard or Estate Sales. The activity shall not be an ongoing commercial activity and shall be subject to the following standards:

Home Occupations. See Chapter 18.20 for applicable requirements.

Real estate sales/leasing offices may be located on the site of subdivisions of five or more lots.

Residential Complex Support. Manager's office, maintenance equipment yard, recreation facilities, laundry, vending machines, storage, or similar facilities.

Home-sharing in accordance with Chapter 18.48 (Home-Sharing). Home-sharing is allowed on a lot with one single-family dwelling; one duplex; or a multifamily development. See Chapter 18.48 for applicable requirements.

Administrative Offices. An administrative office in conjunction with a principal use, if such office does not occupy more than twenty-five percent of the total floor area, unless approved by a discretionary permit.

Employee Convenience Sales and Services. These uses are intended primarily for the convenience of on-site employees.

Kiosk Concession Sales. Retail sales of consumer goods, food, or beverages are allowed when operated from kiosk, cart, or stand models pre-approved by the city, subject to the following:

Outdoor Dining on Private Property. Outdoor dining facilities are allowed on private property, in conjunction with and contiguous to a permitted restaurant or eating and drinking establishment, subject to the following:

Outdoor Dining on Public Property. Outdoor dining facilities are allowed within the public right-of-way, in conjunction with and contiguous to a permitted street-level restaurant or eating and drinking establishment, according to subsection (B)(4), requirements and the following:

Outdoor Sales or Displays. Operators of established principal uses may extend merchandise sales and display areas into outdoor on-site areas. The merchandise shall not displace or obstruct existing required parking spaces, service areas, service access, existing landscaping, or accessibility to/from and around buildings. Operators shall obtain a zoning clearance according to Section 17.28.070.

Outdoor Storage Areas and Equipment Yards. On-site outdoor storage of equipment (supplies, vehicles including fleet vehicles, equipment, products, etc.) in conjunction with a principal use is allowed, subject to the following:

Residential. The following accessory residential uses may be located in commercial or industrial zones:

Retail Manufacturing. Production and sale of goods that complement the on-site principal use, subject to the following standards:

Temporary Uses. See Section 17.28.040.

Usable open space includes land which is accessible and available to all residents for whose use the space is intended. No more than fifty percent of required open space shall exceed a slope of five percent, and none shall exceed ten percent slope.

Usable open space does not include proposed street rights-of-way or school sites, public and private surface easements, accessory buildings, open parking areas, driveways and access ways for the dwellings, land area utilized for garbage and refuse disposal or other servicing maintenance or required front and street side yards.

Common usable open space is that open space either:

Any area to be credited toward common usable open space, except for landscaped areas, shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than fifteen feet, and, insofar as is possible, shall be contiguous with other common usable open space on or adjacent to the site.

All required common usable open space shall be permanently maintained and fully usable. There shall be no obstructions over ground level space except for devices which do not detract from its usability. Common usable open space shall not be fenced or otherwise screened so as to restrict the continuity of, or visual access to, the open space.

Well designed decks on roof spaces, garages, carports, or accessory buildings may be credited to the total required common usable open space requirements. To be well designed, a deck must be functional and aesthetic in the judgment of the planning director, and must be structurally safe and adequately surfaced and protected, and usable for the purpose for which it is designed.

The planning director shall, as a condition of planned development permit approval, require the applicant to employ any appropriate methods to ensure the permanent status and maintenance of common usable open space.

Common usable open space shall account for at least fifty percent of the total required open space in a multifamily development.

Private usable open space is that open space devoted exclusively to the recreation and leisure use of one dwelling unit and which abuts one unit of the development.

Any area credited toward private usable open space shall not be less than fifty square feet in area, and shall be of such size and shape that a rectangle inscribed within it shall have no dimension less than five feet.

Not more than sixty percent of any area devoted to private usable open space may be covered by a private balcony projecting from a higher story. A screening device not greater than six feet in height and constructed of dense landscaping, or of a fence, wall, grill, or other screening device, may be required to abut private usable open space if, in the judgment of the planning director, the needs for establishing a pleasant outdoor leisure and recreation environment would thereby be met.

A minimum of fifty percent of all units in a multifamily development shall be provided with private usable open space.

Private usable open space shall not account for more than fifty percent of the total required open space in a multifamily development.

Noise. All noises shall be limited so that they do not exceed the ambient noise level by more than five dBA or exceed seventy dBA during daytime operations. All noises shall comply with the Noise Abatement and Control Ordinance, LGMC Chapter 9.24.

Glare. Bright or flashing lights or reflections shall not be visible off the premises and shall be shielded and positioned to contain light to the site. All lighted signs shall be subject to citywide sign regulations, LGMC Chapter 18.12.

Traffic Circulation. New development must demonstrate that it will not substantially increase traffic.

Vibrations. No detectable vibrations shall be permitted off the development site.

Fire, Explosion, and Hazardous Materials. Burning waste materials in open fires is prohibited. Operations that involve storage, use, or transport of flammable or explosive materials or gases, or other hazardous materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and spill containment equipment and supplies standard in industry, as approved by the Fire Department. Such operations must be conducted in a manner which meets with the approval of the Fire Chief and complies with LGMC Chapter 18.44 (Water Efficient Landscape Ordinance) and the regulations of any other government agency with jurisdiction.

Airborne Emissions. No use shall exceed the maximum permissible emissions standards established by the San Diego County Air Pollution Control District.

Liquid and Solid Wastes. No discharge shall be permitted of any materials of such nature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements into any public sewer, private sewage disposal system, stream, or ground.

Electrical Disturbance. No activities shall be permitted that emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance, according to the standards of the Federal Communications Commission, as amended.

Radioactivity. No activities shall be permitted which utilize fissionable or radioactive material if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage systems, according to the standards of the Federal Nuclear Regulatory Commission, as amended.

Animal Sales and Services. Uses that provide veterinary treatment, grooming and care of household pets and small farm animals as defined in LGMC Chapter 18.16, pet sales, and supplies. The following standards shall apply:

Senior Housing. Housing as defined in 42 United States Code, Section 3607(c) of the Fair Housing Act Amendments of 1988 and 24 Code of Federal Regulations, paragraph 100.304; or as defined in Section 51.3 of California Civil Code, as amended. The following standards shall apply:

Communications Facilities. Uses consisting of a variety of physical components that compose new wireless communications. The following standards shall apply:

Vehicle Services. Uses related to vehicle service, maintenance, and repair to ensure continued operations of a motorized vehicle. The following standards shall apply:

Community Gardens. Uses that are collectively maintained gardens with rental plots of various sizes available to the public (members) for the cultivation of edible plants. The following standards shall apply:

Required Data. Following the initiation of an investigation, the community development director may request such data and evidences as are needed to make an objective determination.

Compliance. Violations of these standards shall be investigated and processed consistent with Section 17.28.020(N).

Appeals. Decisions may be appealed according to Section 17.28.020(I).

Treat established businesses and activities in a fair and equitable manner;

Ensure the continued provision of commercial and public services currently available to the citizens of the community;

Help maintain the diversity and viability of the city's commercial base;

Preserve and protect existing employment opportunities.

Even if a relocated business or activity fails to conform to one or more of the land use regulations governing development of its new site, the community development director may issue a temporary relocation permit when the city manager or executive director of the redevelopment agency formally declares that, as a result of the acquisition of land by the city or redevelopment agency through condemnation or threat of condemnation, the immediate relocation of a business, or activity is necessary for one or more of the following reasons:

The permit shall specify the requirements or conditions which the development services director determines to be necessary for such temporary relocation and may waive standard land use or development regulations which would render such temporary relocation impractical or impossible.

The permit shall be valid for the shortest period of time determined, by the development services director, to be necessary to prevent the immediate potentially adverse consequences identified by the officer who formally declared the need for the temporary relocation of the business or activity.

At the earliest possible opportunity following the issuance of a temporary relocation permit, and no later than ninety days following such action, the city council, at a regular or special meeting, will review the temporary relocation approval. The city council may affirm the approval of the temporary relocation permit and specify its date of expiration, it may revoke the temporary relocation permit, it may require the owner or operator of the use or activity to apply for ministerial or discretionary approvals required by the city's zoning ordinance, or it may waive or defer specific development standards and requirements as set forth in subSection C of this section.

Reconstruction Permits—Class I. The community development department shall grant a reconstruction permit for the restoration of the following substantially destroyed structures, the use of which is nonconforming, subject to the requirements set forth in subsections (H)(1) through (4) of this section.

Reconstruction Permit—Class II. After a public hearing, the city council, or, on appeal, the city council, may grant a reconstruction permit for the restoration of the following substantially destroyed structures, the use of which is nonconforming, if the findings required by subsections (H)(1) through (4) of this section have been made and the permit application has been found to be consistent with the spirit and intent of subsections (H)(5) through (7):

Class I Reconstruction Permit. Application for a Class I reconstruction permit as described in subsection (F)(1) of this section, shall be filed in the office of the community development department on such forms and accompanied by such plans and details as are required to obtain building permits for the construction of new buildings.

Class II Reconstruction Permit. Application for a Class II reconstruction permit shall be filed in the office of the community development department upon forms provided, accompanied by a filing fee as established by resolution of the city council, and by such data and information as may be prescribed for that purpose by the community development director so as to assure the fullest practicable presentation of facts for the permanent record.

The proposed reconstruction will not increase the nonconformity existing prior to the date of the substantial destruction.

The proposed reconstruction complies with all current building and fire codes.

The substantial destruction was involuntary and occurred as a result of a catastrophic event such as earthquake, fire, explosion, or other casualty or act of God.

The proposed reconstruction can be carried out in a manner that will not be injurious to the public health, safety and welfare or cause injury to the residents of adjacent properties or the neighborhood in conformance with the performance standards set forth in Section 17.24.080(B)(1), (2) and (4) through (11) of this title.

The proposed reconstruction is designed to minimize the appearance of nonconformity as viewed from the public street and from adjoining properties.

The proposed reconstruction maximizes, to the extent feasible, compliance with current city requirements regarding building and site design, building setbacks, off-street parking, landscaping and screening, and useable open space.

The application has been submitted within one year of the date of the substantial destruction.

For Class I nonconforming uses, a city building permit shall serve as the reconstruction permit. For such uses the building permit must be obtained and work thereunder shall be commenced within six months of issuance of the permit and shall be completed within twelve months of the commencement of construction. For Class II nonconforming uses, any reconstruction permit issued by the city council shall require that a building permit be obtained and work thereunder shall be commenced within six months of issuance of the permit and shall be completed within twelve months of the commencement of construction.

The development services director may approve a single one year extension of the period for restoration or reconstruction specified above if substantial and diligent progress toward completion has been made or, if not, the delay in, or inability to complete, the restoration is attributable to factors not reasonably within the applicant's control including, but not limited to, insurance settlement delays, the weather and the unavailability of necessary building materials. Any person dissatisfied with the decision of the development services director concerning the extension of time may appeal according to the procedure set forth in Section 17.28.020 of this title.

Residential. Alterations, enlargements, extensions, or additions may be made to a residential structure which occupies a lot containing a nonconforming use, or to a nonconforming residential structure, which is used for residential purposes in a residential zone, as long as lot coverage is not increased by more than twenty percent. Except as otherwise stated in this section, a minor use permit shall be required for any such changes which will result in an increase in lot coverage of more than twenty percent. A minor use permit shall not be required for alterations, enlargements, extensions or additions to single-family dwellings which are nonconforming only with regard to building setbacks which fail to conform to current standards. All alterations, enlargements, extensions, or additions shall conform to the requirements in subsections (K)(1)(a) through (c) of this section and all additional requirements established by city ordinance or by resolution of the city council.

Nonresidential. Within nonresidential zones, and for structures in residential zones not in residential use, a nonconforming building on structure shall not be enlarged or extended; except that the planning director may permit up to five percent enlargement of the floor area of a nonconforming building, and the city council may permit up to fifteen percent enlargement of the floor area of a nonconforming building, provided that:

The expansion is generally consistent with the purpose and intent of the general plan.

The expansion as proposed and as conditioned by the city council will result in substantial benefit to the public.

The subject property and all existing and proposed improvements shall conform, as closely as possible, to all current regulations, standards and policies of the city, including, but not limited to, those which affect:

The expansion is generally consistent with the purpose and intent of the general plan.

The expansion as proposed and as conditioned by the city council will result in a substantial benefit to the public.

The subject property and all existing and proposed improvements shall conform, as closely as possible, to all current regulations, standards and policies of the city, including, but not limited to, those which affect:

The nonconforming building is located in a residential district;

The units are added solely as a result of the division of the interior of the existing building, and the exterior dimensions of the buildings are not changed; and

The regulations of the district in which it is located, the development requirements of this title, and all applicable city building and housing codes are fully complied with.

Nonconforming Uses. Any nonconforming use, except residential uses, located in any residential district, shall be discontinued within a period of time to be determined by the city council after public hearings.

Nonconforming Structures.

The following shall be eligible for a density bonus as described in this section:

An additional density bonus shall be granted for donations of land to the city in accordance with the requirements of subsection (F) below.

An additional density bonus or development incentive shall be granted for housing developments that provide child care facilities in accordance with the requirements of subsection (G) below.

A density bonus shall be granted for condominium conversions in accordance with the requirements of subsection (H) below.

An additional density bonus of five percent shall be provided to density bonus projects that meet all of the following development standards to the satisfaction of the approving body:

As used in this section, "housing development" means a development project for five or more dwelling units, including mixed-use developments. "Housing development" also includes a subdivision or common interest development as defined in Section 4100 of the California Civil Code, approved by the city, which consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units.

Eligible developments and land donations included in subsections (B)(1)–(4) above shall be granted a density bonus in accordance with California Government Code Section 65915 and the requirements of this section.

A developer may choose to accept a lower density bonus than allowed under this chapter.

Density bonus units shall not be included when determining the base number of dwelling units provided to qualify for a density bonus. The base number of dwelling units includes only the number of dwelling units that could be constructed without a density bonus.

All density calculations resulting in fractional units shall be rounded up to the next whole number.

For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

Developers may submit a proposal to the city requesting concessions or incentives as defined in California Government Code Section 65915, which may include:

The number of concessions or incentives granted by the city shall be in accordance with California Government Code Section 65915.

The city shall grant the concession or incentive requested by the developer unless the city makes written findings based on substantial evidence that:

For the purposes of this section, development standard means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution, or regulation.

In addition to development incentives described in subsection (D) above, a developer may request the waiver or reduction of any development standard that has the effect of physically precluding a project that meets the eligibility requirements in subsection (B) above at the densities or with the incentives permitted by state law and this section.

A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives permitted in accordance with subsection (D) above.

The city shall not be required to grant a waiver or reduction in development standard that would have a specific, adverse impact, as defined in California Government Code Section 65589.5, on health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

The city shall not be required to grant a waiver or reduction in development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or be contrary to state or federal law.

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city in accordance with this section, the applicant shall be entitled to a density bonus in accordance with California Government Code Section 65915.

The density bonus for land donation shall be in addition to any other density bonus allowed by this section and California Government Code Section 65915, up to a maximum combined density bonus of thirty-five percent.

An applicant shall be eligible for the density bonus described in this section if the requirements in California Government Code Section 65915 are met.

For the purposes of this section, childcare facility means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age childcare centers.

When an developer proposes a project that meets the eligibility requirements described in subSection(B) of this section and includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project, the city shall grant an additional density bonus or development incentive in accordance with California Government Code Section 65915.

Exception. The city shall not be required to provide a density bonus or development incentive for a childcare facility if it finds, based on substantial evidence, that the community has adequate childcare facilities.

When an applicant for approval to convert apartments to a condominium project agrees to provide at least thirty-three percent of the total units of the proposed condominium project to persons and families of low- or moderate-income as defined in California Health and Safety Code Section 50093, or fifteen percent of the total units of the proposed condominium project to lower income households as defined in California Health and Safety Code Section 50079.5, and agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section, the city shall either: (a) grant a density bonus; or (b) provide other incentives of equivalent financial value in accordance with California Government Code Section 65915.5.

An application for approval to convert apartments to a condominium project with an affordable housing component shall be processed in accordance with the requirements of Chapter 18.24 of this code. An applicant may submit to the city a preliminary proposal prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under this chapter.

In addition to applicable regulations of State Density Bonus Law, the developer may meet requirements for the provision of affordable housing units off site. For the purpose of calculating a density bonus, the residential units are not required to be on the same or contiguous sites, but shall be within the city, in compliance with zoning district regulations except as provided in this section, and subject to one comprehensive development application for entitlement purposes.

The off-site land restricted to affordability can be transferred to an affordable housing developer approved by the development services director. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units which shall be recorded on the property at the time of the transfer consistent with State Density Bonus Law. To the extent allowed by law, projects utilizing this provision shall meet the minimum development standards of subsection (J) below.

Concurrent Construction. Required affordable dwelling units shall be constructed concurrently with market-rate dwelling units unless the final decision maker approves an alternative schedule for construction.

Integration of Affordable Dwelling Units. Affordable dwelling units shall be dispersed throughout the development and integrated with market-rate units so that affordable and market-rate units are not distinguishable from each other. Affordable dwelling units within developments that share a common entrance shall not have separate entrances for market-rate and affordable units.

Quality. The design, construction, and quality of materials used in affordable dwelling units may differ from market-rate dwelling units, but shall be durable, of good quality, and consistent with contemporary standards for new housing.

Project Layout. Floor plans of affordable dwelling units shall be similar to market-rate dwelling units. The number of bedrooms in affordable dwelling units shall be consistent with the mix of bedrooms in market-rate dwelling units. Residents of affordable dwelling units shall have the same rights and access to common amenities in the development, such as parking, open space, storage, and recreational space, as residents in market-rate units.

Required Parking. Upon request of the developer, the minimum number of parking spaces required for affordable dwelling units may be modified in accordance with California Government Code Section 65915.

Rental Units. An applicant shall agree to, and the city shall ensure, the continued affordability of all affordable rental units that qualified the applicant for the award of the density bonus for fifty-five years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents shall be set at an affordable rent in accordance with California Government Code Section 65915.

For-Sale Units. An applicant shall agree to, and the city shall ensure, that the for-sale units that qualified the applicant for the award of the density bonus unit are either:

Where there is a direct financial contribution to a housing development through participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the city shall assure the continued affordability for low- and moderate-income units for thirty years.

Applications for a density bonus and/or incentive(s) and waiver(s), shall be submitted concurrently with the application for permits or other approvals, and shall include the following information:

Affordable housing agreements shall be subject to review by the community development director and the city attorney.

Following execution of the agreement, the completed agreement shall be recorded. The conditions contained in the agreement shall be filed and recorded as a deed restriction on the parcel or parcels designated for the construction of density bonus units at the time of parcel map or final map recordation, or, where a map is not being processed, prior to issuance of building permits for such units.

The agreement shall be binding upon all future owners and successors in interest for such property.

Owners subject to the agreement shall submit an annual report to the community development director, which includes the name, address, and income of each person occupying the units subject to the agreement and shall identify the bedroom size and monthly rent and costs to the occupant.