Regulations and Standards Applicable to All Zones
Prior legislation: Ords. 93-6, 87-5, 86-8, 86-1, 84-7, 77-10.
All uses permitted by this title shall provide minimum parking in accordance with the formulas in this chapter. Parking for housing development projects, as defined in Section 17.04.440.1, shall rely on the Marina ODS in terms of layout and design.
Prior legislation: Ords. 91-1, 86-9, 83-11.
A. It is the purpose and intent of this chapter to provide the city with a viable and practical set of sign regulations that will promote the orderly growth of the community; facilitate the continual upgrading of the community; and preserve the natural beauty of Marina while simultaneously protecting the rights of property and business owners to display signs and the right of individuals to live in, work in, and visit a city that is free from the visual blight that would result from under- or nonregulation of signs.
B. These sign regulations, pursuant to the provisions of the general plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.
The regulations specified in this title shall be subject to the general provisions and exceptions of this chapter. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
A. No dancehall, roadhouse, nightclub, commercial club, establishment or business where alcoholic beverages are served or sold for off-sale consumption, commercial place of amusement or recreation, including but not limited to an amusement center or arcade, or place where entertainers are provided whether as social companions or otherwise, shall be established in any zoning district in the city unless a use permit is first secured in each case. Incidental beer and wine, when served with food or sold with groceries, shall require an administrative use permit pursuant to Chapter 17.55.
B. A finding of public convenience or necessity is required for an establishment or business where alcoholic beverages are served or sold for on- and/or off-sale consumption, except when incidental and in combination with food or groceries, within an area of undue concentration as determined by Alcoholic Beverage Control (ABC). Such finding shall require that selling of alcohol for on- and/or off-sale consumption at the subject establishment of business:
1. Will not constitute a public nuisance;
2. Will not occur within five hundred feet of a park or school or place of public assembly;
3. Will not contribute to law enforcement problems associated with an undue concentration of on- and/or off-sale licenses in the vicinity of the subject business or establishment.
C. The following activities shall be permitted in any zoning district:
1. The excavation or removal of materials or trees during the normal construction of buildings, structures or underground facilities;
2. Cutting or removal of trees for the purpose of land clearing for public roads and rights-of-way;
3. The cutting or removal of Christmas trees.
D. Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, telephone, and electricity and telephone booths shall be allowed in all districts, and without limitations as to height, without the necessity of first obtaining a use permit therefor; provided, however, that the routes of proposed gas, water, telephone and electric transmission lines, and the proposed locations of telephone booths, shall be submitted to the planning commission for recommendation at any time prior to but at least thirty days in advance of the acquisition of rights-of-way for any such routes, or, in the case of telephone booths, in advance of the erection thereof except in the Coastal Zone, where the construction of utility lines shall be subject to first obtaining a coastal permit.
E. No accessory building or structure shall be constructed or placed, nor shall any accessory use be conducted, on any property in any R district unless and until the main building is constructed or until a use permit, or in the Coastal Zone a coastal permit, is first obtained.
F.
1. No trailer or mobile home shall be used in any zoning district for any purpose other than a single-family residence or for residential or agricultural storage purposes unless a use permit, and in the Coastal Zone a coastal permit, are first secured in each case.
2. Trailers or mobile homes used as temporary construction offices are allowed without the securing of a use permit. Such use shall be permitted only during the period of construction.
3. Trailers or mobile homes used by public utility companies for temporary emergency equipment or supplies shall be allowed in any district without the securing of a use permit; provided, however, that such use shall not exceed ninety days’ duration.
G. Licensed residential care homes for aged persons of not more than six people, including any permitted rooming and boarding, may be allowed in any zoning district which allows residential uses.
H. Licensed nursery schools may be permitted in any zoning district upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case.
I. Mobile homes and trailers, used as living quarters, not located in mobile home parks or trailer camps shall be allowed only in conjunction with agricultural uses or for the purpose of twenty-four-hour watchman’s quarters upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case which will be good for a maximum period of one year, after which time permanent living quarters shall be constructed. Existing mobile homes which have been granted use permits, and which do not comply with the provisions of this title, may be allowed to continue for as long as the planning commission may desire upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case. The following regulations shall apply in all cases where a use permit or a coastal permit is granted:
1. Skirting of fireproof material shall be provided around the perimeter of the mobile home or trailer;
2. The face of all cut-and-fill slopes shall be planted with a groundcover approved by the director of planning to protect the slopes against erosion;
3. All cut-and-fill slope landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition, and all plant materials shall be continuously maintained in a healthy, growing condition;
4. The planning commission may require compliance with any other conditions or requirements which it may deem reasonable and necessary to make the mobile home compatible with the surrounding neighborhood.
J. No person, firm or corporation shall hereafter, within the city, use any land or erect, construct or use any building, structure or enclosure for the purpose of maintaining a zoo or zoological garden for the purpose of raising, maintaining, keeping or exhibiting of any wild animal unless and until a use permit has been first secured. A use permit may be applied for in any district except for R-1, R-2, R-3 and R-4 districts. In the Coastal Zone such uses must be found consistent with the local coastal land use plan and a coastal permit shall be required for these uses.
K.
1. Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district.
2. Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the planning commission as to the location, access, landscaping and color of storage tanks. In the Coastal Zone such uses shall be subject to a coastal permit.
3. Water facilities, including wells and storage tanks, serving five or more domestic users are permitted in any zoning district upon securing a use permit in each case, except in the Coastal Zone where such uses shall also be subject to first securing a coastal permit.
L. In the Coastal Zone the proposed use shall be consistent with the designation and policies of the general plan and local coastal land use plan.
M. No more than fifteen percent of the units in any motel or auto court may be provided with a kitchen or kitchenette. No unit in any motel or auto court containing a kitchen or kitchenette shall exceed three hundred fifty square feet of gross floor area. Each unit in a motel or auto court containing a kitchen or kitchenette shall be provided with one and one-half on-site parking spaces.
N. One on-site dwelling unit may be allowed subject to the following limitations:
1. The unit is to be occupied exclusively by a property owner, individual employed in the management of the property, or individual employed in the management of an on-site business, together with members of the family of said owner, property manager or business manager, and provisions are made to ensure such continued occupancy.
2. A use permit shall be obtained in each case.
3. The site is located in a commercial or business district.
4. Each building site is limited to one such unit with a maximum gross floor area not exceeding two thousand square feet and not exceeding two bedrooms.
5. Two parking spaces shall be required for the unit.
6. The total number of residential dwelling units including said owner’s/manager’s unit shall not exceed the number of residential dwelling units which would otherwise be allowed on the building site if some residential use is already or otherwise allowed on the site.
O. A qualified patient, with an identification card, as defined in California Health and Safety Code Section 11362.7, may cultivate cannabis for noncommercial, personal purposes as set forth in Health and Safety Code Section 11362.77 per each qualified patient with an identification card, upon property she or he rents or owns and inhabits, either inside the dwelling or on land included in such rented or owned property or as permitted by the Adult Use of Marijuana Act, which provides that not more than six living marijuana plants may be planted, cultivated, harvested, dried, or processed by a person over the age of twenty-one inside a private residence, or inside an accessory building to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use. Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants. The cultivation shall be at a location on the property that is secluded so that it cannot be observed by a member of the public who passes by the property. This chapter shall be administratively enforced. (Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2025-09 § 2, 2025; Ord. 2020-08 § 5, 2020; Ord. 2020-07 § 2, 2020; Ord. 2018-09 § 2, 2018; Ord. 2017-07 Exh. A, 2017; Ord. 2016-01 §§ 3, 4, 2016; Ord. 2007-03 § 2 (Exh. B), 2007; Ord. 2007-02 § 1, 2007; Ord. 2003-01 § 1, 2003; Ord. 2002-03 § 1, 2002; Zoning Ordinance dated 7/94, 1994)
The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable:
A. The minimum lot area upon which a horse may be kept is one acre and two horses may be kept on such area. One additional horse may be kept for each twenty thousand square feet by which the parcel of land exceeds one acre;
B. Stables shall be located midway between the side lot lines and in no case closer than twenty feet from the side lines, and not closer than fifty feet to the front lot line. Paddocks shall be located on the rear half of the lot not closer than twenty feet to any property line nor closer than forty feet from any dwelling on the same or adjacent property;
C. Prior to the establishment of any stable in the Coastal Zone, the planning commission will be required to make a finding that such use is consistent with the local coastal program. Stables will also be required to first obtain a coastal permit. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
This section establishes standards for the location and construction of accessory dwelling units and junior accessory dwelling units (jointly referred to as “accessory units” in this section) in conformance with California Government Code Sections 65852.2 and 65852.22. These standards are intended to allow for accessory units as an important form of affordable housing and to comply with state law.
A. Permits Required.
1. Accessory units consistent with the requirements of this section are allowed by right with the issuance of a building permit.
2. Time Limit to Act. The city shall complete its review of an accessory unit application and approve or deny the application within sixty days of receipt of the application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory unit is submitted with a permit application to create a new single-family dwelling on the lot, the city shall delay acting on the permit application for the accessory unit until the city acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the sixty-day time limit shall be extended for the period of the requested delay. In either case the application to create the accessory unit shall be considered without discretionary review or hearing.
B. Permitted Zoning Districts. Accessory dwelling units are permitted in any zoning district where single-family or multifamily dwellings are a permitted or conditionally permitted land use as identified in this title. Junior accessory dwelling units are permitted in any zoning district where single-family dwellings are a permitted or conditionally permitted land use as identified in this title.
C. Site and Design Standards.
1. General. Accessory units are subject to the same requirements that apply to primary dwellings on the same lot in the applicable zoning district except as specified in this section.
2. Number of Accessory Units. No more than one junior accessory dwelling unit and one accessory dwelling unit are permitted on a single lot with a single-family dwelling. Lots with existing multifamily dwellings shall have a number of internal or attached accessory dwelling units equal to twenty-five percent of the existing multifamily dwelling units. Fractions of units of one-half and above shall be rounded up. Accessory dwelling units may include portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be permitted per lot within existing multifamily dwellings. Not more than two detached accessory dwelling units shall be permitted on lots with existing multifamily dwellings.
3. Relationship to Primary Dwelling.
a. An accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof. No passageway (as defined in California Government Code Section 65852.2) is required in conjunction with the construction of an accessory dwelling unit.
b. An accessory dwelling unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling.
c. The city shall allow junior accessory dwelling units as defined in California Government Code Section 65852.22 to be constructed within the walls of the proposed or existing single-family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen as defined herein, and shared or independent bathroom facilities.
4. Height.
a. A detached accessory dwelling unit is limited to sixteen feet in height. A detached accessory dwelling unit may be up to eighteen feet in height if it is (i) within one-half mile walking distance of a major transit stop or high quality transit corridor, or (ii) on a lot that has an existing multifamily, multistory dwelling.
b. An attached accessory dwelling unit is limited to twenty-five feet in height or the height limitation that applies to the primary dwelling, whichever is lower.
5. Maximum Unit Size.
a. The maximum floor area for a studio or one-bedroom accessory dwelling unit shall be eight hundred fifty square feet, except accessory dwelling units which do not conform to subsections (C)(4)(a), (C)(4)(b) and (C)(6)(c) of this section which shall be limited to eight hundred square feet. The maximum floor area for an accessory dwelling unit of two bedrooms or more shall be one thousand square feet. In situations where an existing accessory structure is being converted to an accessory dwelling unit, an additional one hundred fifty square feet are allowed for expansion beyond the physical dimensions of the accessory dwelling unit, limited to providing ingress and egress only.
b. The maximum floor area of a junior accessory dwelling unit shall be five hundred square feet.
6. Property Line Setbacks.
a. No setback is required for an existing accessory structure or living area as defined herein that is converted to an accessory dwelling unit.
b. No setback is required for an accessory dwelling unit constructed in the same location and the same footprint as an existing accessory structure.
c. A minimum setback of four feet from the side and rear property lines is required for an accessory dwelling unit twenty-five feet in height or less. If there is a recorded constraint, such as a no-build easement (e.g., public utility easement), then the recorded constraint prevails in determining the setback. Front yard setbacks shall be the same as the underlying zoning district. An accessory dwelling unit in excess of twenty-five feet in height shall comply with setback requirements of the main structure of the applicable zoning district.
7. Parking.
a. Except as specified in this subsection, on-site parking for accessory dwelling units shall comply with all parking requirements in Chapter 17.44.
b. On-site parking is not required for junior accessory dwelling units.
c. In addition to on-site parking spaces required for the primary dwelling, one on-site parking space shall be provided for each accessory dwelling unit per unit or bedroom, whichever is less.
d. On-site parking spaces for accessory dwelling units may be covered or uncovered, may be tandem, and may be located within the front, side, or rear setback areas unless there is a specific site or regional condition related to fire or life safety that would make parking in setback areas unsafe.
e. No on-site parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit.
ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council.
iii. The accessory dwelling unit is constructed within the primary residence or within an accessory structure.
iv. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. A car-share vehicle pick-up/drop-off location is located within one block of the accessory dwelling unit.
vi. The accessory dwelling unit is part of an application to create a new single-family or multifamily dwelling on the same lot.
8. Utility Connections.
a. General. An accessory unit shall not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless constructed in conjunction with a new single-family residence.
b. Accessory Units in Existing Space. For accessory units within an existing primary dwelling, garage, or other accessory structure, the city shall not require an applicant to install a new or separate utility connection directly between the accessory unit and utility or impose a related connection fee or capacity charge.
c. Attached and Detached Accessory Dwelling Units. Consistent with California Government Code Section 66013, a utility connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
d. Fire Sprinklers. Accessory units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of a dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
9. Septic Tank Disposal System.
a. In areas where septic tank disposal systems are allowed due to lack of sanitary sewer lines, detached accessory dwelling units shall be served by separate and independent septic tank sewage disposal systems. All leach lines shall be designed and installed in accordance with current septic system requirements of the county of Monterey health department.
b. In other areas of the city, accessory dwelling units shall be connected to the sanitary sewer system through the existing lateral line serving the primary dwelling.
10. Deed Restrictions.
a. Deed Restriction Required. Before obtaining a building permit for an accessory unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
i. The accessory unit may not be sold separately from the primary dwelling.
ii. The accessory unit is restricted to the approved size as set forth in subsection (C)(5) of this section.
iii. The accessory unit shall not be rented for a period of less than thirty-one days.
iv. Binding on Future Owners. The above declarations shall be binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the accessory unit.
11. Fees.
a. Impact fees shall not be imposed on an accessory dwelling unit less than seven hundred fifty square feet in size.
b. Impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling. (Ord. 2023-06 § 3 (Exh. 1), 2023; Ord. 2021-05 § 10, 2021; Ord. 2020-07 § 2, 2020; Ord. 2020-06 § 2 (Exh. A), 2020)
The following regulations shall apply in all cases where a use permit has been issued for a mobile home park, except otherwise prescribed by state law:
A. The minimum lot area for a mobile home park shall be five acres.
B. No mobile home park shall have commercial uses other than those used primarily by the residents of the park such as: coin-operated machines for laundry, soft drinks, cigarettes and similar uses on condition that the uses shall be located in the interior of the park.
C. The density of the mobile home park shall be limited to eight homes per acre with the minimum mobile home site to be not less than three thousand square feet.
D. Minimum yard setbacks from adjoining streets and properties shall be as follows: front yard setback, twenty feet; side yard setback, ten feet; and rear yard setback, ten feet, except as otherwise prescribed by state law.
E. Landscaping and fences shall be provided and shall be designed to screen the mobile home park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the director of planning.
F. All landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition and all plant material shall be continuously maintained in a healthy, growing condition.
G. No less than ten percent of the total area of the mobile home park shall be developed for recreational purposes.
H. For required parking see Section 17.44.020.
I. All utility distribution facilities, including but not limited to electric, communication and cable television lines installed for the purpose of supplying service within any mobile home park, shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, or such equipment when concealed by shrubbery, landscaping or other screening and approved by the director of planning. The planning commission may waive the requirements of this section if topographical, soil or other physical conditions make underground installation of such facilities unreasonable or impractical.
J. Notwithstanding the requirements in subsections C, D and G of this section, alternative regulations as described below shall apply to mobile home parks which meet these following criteria: (1) the mobile home park was legally established prior to the incorporation of the city of Marina, (2) it has not expanded by more than three new mobile home sites since incorporation, and (3) it has been and shall continue to be certified by the United States Department of Housing and Urban Development as a mobile home park providing housing for adults fifty-five years old or older. The alternative regulations which shall then apply in lieu of the requirements of subsections C, D and G of this section are that: (1) the density shall be limited to eleven homes per acre, (2) the minimum mobile home site area shall be two thousand four hundred square feet, and (3) no less than six percent of the total area of the mobile home park shall be developed for recreational purposes. (Ord. 2020-07 § 2, 2020; Ord. 99-04 § 1, 1999; Ord. 96-8 § 1, 1996; Zoning Ordinance dated 7/94, 1994)
A. Chimneys, vents, cupolas, spires, and other architectural or mechanical appurtenances may be erected to a greater height than the limit established for the district in which the building is located, except in the Coastal Zone where the height of such structures shall be subject to a coastal permit.
B. Towers, poles, water tanks, and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a use permit and, in the Coastal Zone, a coastal permit in each case. (Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2002-06 § 2, 2002; Ord. 2002-01 § 1, 2002; Ord. 98-05 § 1, 1998; Ord. 97-1 § 1, 1997; Zoning Ordinance dated 7/94, 1994. Formerly 17.42.060)
A. In any required front yard or in any required exterior side yard or any side yard abutting a street, separate fences and retaining walls shall not exceed three and one-half feet in height and fences combined with retaining walls shall not exceed a combined height of four and one-half feet with the retaining wall not exceeding two feet in height, all subject to modifications in subsections C and D of this section. Maximum height limitations may be exceeded to six feet in height for fences, retaining walls and for combination of fences and retaining walls as determined necessary for public safety, privacy, or security subject to the approval of the community development director or by the planning commission on appeal. The review authority may require alternative materials, segmented retaining walls, landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof.
B. In any required rear yard or in any required interior side yard or any required side yard not abutting a street, separate fences and separate retaining walls shall not exceed six feet in height, and fences combined with retaining walls shall not exceed a combined height of nine feet with the retaining wall not exceeding four feet in height. Maximum height limitations may be exceeded to eight feet total height for fences and retaining walls and up to twelve feet in total height for combination of fences and retaining walls as determined necessary for public safety, privacy, or security subject to the approval of the community development director or by the planning commission on appeal. The review authority may require alternative materials, segmented retaining walls, landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof. Other factors in allowing a height exception include (1) to provide satisfactory visual or sound isolation of sensitive land uses from commercial activities such as contractors yards, loading docks and similar commercial activities or (2) to provide reasonable security for areas approved for outdoor storage of equipment or material associated with approved contractor’s yards to restrict unauthorized access to facilities that might be dangerous or hazardous or (3) to minimize grading and/or tree removal impacts.
C. All heights referenced in subsections A and B of this section shall be measured from the finished ground elevation at the base of a separate fence and from the finished ground elevation at the base of the lower side of a separate retaining wall or a combined retaining wall and fence. A fence or a wall shall be considered a separate fence or a separate wall when the face of the fence and the face of the retaining wall are separated by a minimum three-foot horizontal distance or are located on separate building sites.
D. The heights of fence columns may extend a maximum of six inches above the maximum height otherwise allowed by the height limitations described herein. The height of arbors integrated into the design of a fence and incorporating a pedestrian opening in the fence may exceed the height limitations described herein, provided the height of such an arbor does not exceed a height of twelve feet above the height of the finished ground elevation at the pedestrian opening.
E. As provided in Section 10.70.010, corner parcels shall be developed in a manner that ensures unrestricted visibility across the corners of the intersecting streets, alleys, and private driveways.
1. The corner vision triangle area is a triangular-shaped area on a corner parcel formed by measuring the prescribed distance from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway and connecting the lines diagonally across the property making a ninety-degree triangle. See figure below.

2. The dimensions of a corner vision triangle are twenty-five feet from the intersection of two public or private street rights-of-way.
3. It is illegal to erect, place, plant, or allow to grow within the corner vision triangle area.
a. Fences, walls, signs, accessory structures, mounds of earth, advertising matter, storage area, merchandise display area or other visual obstructions over thirty inches in height;
b. Hedges, shrubbery, and vegetation over or with a growth characteristic over thirty inches in height; and
c. Tree canopies maintained at a height less than seven feet above ground level, as measured from adjacent street curb elevation.
F. Master fence plans for subdivisions shall be reviewed as part of the entitlement process. Master fence plans may deviate from the fence regulations stated herein if the development director or planning commission makes findings that the proposed fences provide public safety, privacy or security and are aesthetically pleasing from the street side view (findings are listed in order of importance). The development director or planning commission may require landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof.
G. Garden structures are allowed, subject to the following standards:
1. A garden structure shall not encroach onto a public right-of-way.
2. If a garden structure has an area of thirty-six square feet or less, it may have a solid roof. If a garden structure has an area greater than thirty-six square feet, its roof shall be at least half open to the elements, with no solid roof portion greater in area than thirty-six square feet.
3. A garden structure one hundred square feet or less in area may encroach into a required side yard or rear yard setback, but if greater than six feet in height, shall be located at least three feet from the property line, with the following exceptions:
a. If the property line faces a street or alley, one garden structure, over a gate or walkway, shall be allowed on the outward-facing property line. Such structures shall be no more than twenty-four square feet in area and shall be nine feet or less in height.
b. In each side yard setback, a single garden structure over a gate or walkway is allowed to encroach up to the property line. Such structures shall be nine feet or less in height, and shall not have a depth greater than two feet.
4. In required front yard setbacks, one garden structure is allowed over a gate or walkway. Such structures shall be no more than twenty-four square feet in area with a height of nine feet or less and may be located either in the setback or on the front property line.
5. Vertical trellises that serve the same function as a fence shall be treated as a fence under Section 17.42.060.
6. Garden structures exceeding these standards may be allowed with an administrative design review pursuant to Section 17.55.030. Garden structures outside of required setbacks do not require a planning permit.
H. Prohibited Materials.
1. Fences in any district may not contain strands of barbed or razor wire, sharp or jagged glass, sharp or jagged metal components (e.g., razor-spikes), or similar materials. The only exception shall be for properties that contain a public safety hazard such as a power plant, facilities with hazardous materials or as determined by the community development director, which must receive an administrative use permit.
2. Prohibited fence materials on an existing fence may not be expanded or repaired. Further, all prohibited fence materials must be removed within one year of the feature becoming nonconforming.
I. Temporary fencing to secure and/or screen a property may be authorized by the community development director or their designee on vacant lots, lots with an active building permit or a blighted property as defined in Chapter 8.70, Public Nuisance.
J. Gated communities shall not be allowed as part of a development application. (Ord. 2025-12 § 3 (Exh. A), 2025)
A. In any case, where an official plan line has been established as a part of the street and highway master plan, the required yards on the street side shall be measured from such official plan lines and in no case shall the provisions of this title be construed as permitting any structures to extend beyond such building line.
B. Cornices, eaves, canopies, and similar architectural features may extend into any required yard not exceeding two and one-half feet.
C. Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard not exceeding six feet, and into any required side yard not exceeding three feet. Covered porches on interior lots may extend into the required front yard not exceeding six feet and sixty square feet. Covered porches on corner lots may extend into any combination of the required front yard and the required exterior side yard not exceeding six feet and a total area of one hundred twenty square feet.
D. In any R district, where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum of that specified for the district in which such building site is located.
E. In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten feet from such lot line.
F. In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width but not less than five feet shall be required, except in C or M districts.
G. In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot.
H. In case 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 the main building.
I. Except as otherwise provided in subsection J of this section, detached accessory buildings not for living purposes shall not be located:
1. Within five feet from the main building;
2. Within the front one-half of the lot;
3. Within ten feet of a street side-yard setback;
4. Within four feet of any lot line;
5. So as to encroach on any easement or right-of-way of record;
6. Within six feet of an alley from which the building has access;
J. The location of accessory buildings not for living purposes may only exceed the limitations of subsection I of this section subject to an administrative use permit. The community development director or the planning commission on appeal may require landscaping or other measures to mitigate the visual impacts of accessory buildings.
K. In case of a lot abutting upon two or more streets, the main building and accessory buildings shall not be erected so as to encroach upon the front yard or the exterior side yard required on any of the streets.
L. Notwithstanding any requirements in this section, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline, a private garage attached or detached may be built to within five feet of the front line of the lot.
M. Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R or K districts.
N. Structures, except utility poles and utility equipment appurtenant thereto, shall not be located so as to encroach on any utility or road easement or right-of-way.
O. Notwithstanding the provisions of subsections B, C and H of this section, porches, decks and patios exceeding a height of eighteen inches and attached to the main building, and patio covers attached to the main building, may extend into the required rear yard and together with other buildings on the lot may occupy an area greater than the maximum site coverage allowed in the district in which it is located, except as follows:
1. The structures shall not extend more than ten feet into the required rear yard and shall not occupy an area of the required rear yard exceeding two hundred square feet.
2. The finished floor surface shall not exceed five feet in height and the patio cover is a single story structure not exceeding sixteen feet in height.
3. If the structure is enclosed by walls, the walls may have any configuration, provided the open area of the longer wall and one additional wall is equal to at least sixty-five percent of the area of each respective wall below a minimum of six feet eight inches measured from the floor.
4. Wall openings may be enclosed with insect screening, plastic or glass. The plastic or glass shall be readily removable, translucent or transparent and not exceed a thickness provided by the current edition of the Uniform Building Code.
5. Patio covers shall be used only for recreational and outdoor living purposes and not as carports, garages, storage rooms, commercial or business space or habitable space as defined by the current edition of the Uniform Building Code.
P. Stormwater Runoff Limitations. Impermeable surfacing may not exceed the stormwater runoff design for the parcel or lot and must not cause runoff to affect adjacent property. Properties located in residential districts shall not cover the front, side or rear yards not including buildings and accessory structures with impermeable surfaces such as concrete, asphalt or hardscape more than fifty percent of the yard including the driveway and all pathways, unless approved by the community development director. To exceed this standard, applicants must include calculations by a registered civil engineer demonstrating consistency with on-site stormwater retention subject to review by the city engineer.
Limits on Paving and Hardscaping for Residential Front, Rear, and Side Yards

(Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2020-07 § 2, 2020; Ord. 2004-10 § 1, 2004; Ord. 2003-09 § 1, 2003; Ord. 98-15 § 1, 1998; Zoning Ordinance dated 7/94, 1994)
A. For the purposes of this code, timeshare projects shall be considered a visitor-serving use as are hotel/motel projects and shall be permitted as hotel/motel projects are permitted in this title.
B. Conversions of existing structures to timeshare projects shall not be permitted.
C. Timeshare projects shall be liable for the payment of transient occupancy taxes in accordance with the provisions of Title 3, Revenue and Finance.
D. Each timeshare unit shall have a minimum of three hundred fifty square feet gross floor area measured from inside of walls. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
Legislative Finding and Determination. The city council of the city of Marina does find, determine and declare as follows: that the use of satellite dish antennas is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time the size, location and appearance of such equipment is not adequately addressed in the zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this ordinance to regulate the use of satellite dish antennas rather than prohibit them.
A. Definitions. “Large satellite dish antenna” means any antenna or parabolic reflector established to receive transmissions directly from satellites, with minimum diameter in excess of one meter (39.37 inches), and which is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
“Local television broadcast antennas” means antennas which are designed to receive local television broadcast signals.
“Small satellite dish antenna” means any antennas which are one meter or less in diameter or diagonal measurement and are designed to receive video programming services via MMDS (multipoint microwave distribution system, multi-channel multi-point distribution system, or wireless cable), or to receive or transmit fixed wireless signals other than via satellite as well as to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. Neither large nor small satellite dish antennas include antennas established for the purpose of receiving transmissions from ground transmitters.
B. Satellite Dish Antenna Requirements—Residential Districts. In residential districts:
1. The planning commission shall be the primary reviewing body of applications to install satellite dish antennas. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval.
2. Prior to installation of a satellite dish antenna, all appropriate permits shall be obtained from the building division.
3. Satellite dish antennas shall be considered accessory structures, and unless otherwise stated, shall comply with the height, setback and lot coverage requirements for buildings in the zone in which they are to be located.
4. All satellite dish antennas shall be located on the back half of the lot as ground-mounted units only.
C. Satellite Dish Antenna Requirements in All Other Districts.
1. A use permit or coastal development permit in the Coastal Zone approved by the planning commission shall be required for all satellite dish antennas.
2. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division.
3. Antennas may be ground-mounted, roof-mounted or aboveground pole-mounted.
4. Roof-mounted and aboveground pole-mounted antennas shall not exceed the height of structures allowed in the district in which they are to be located.
5. Roof-mounted antennas shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.
6. No commercial advertising of any kind shall be allowed on large satellite dish antennas.
D. Development Standards for Satellite Dish Antennas.
1. The planning commission may add any conditions to a permit necessary to achieve the compatibility of a satellite dish antenna with its neighborhood.
2. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal or the planning commission.
3. Any readily visible satellite dish antenna shall be painted to blend with its surroundings and shall not be unnecessarily bright, shiny, garish or reflective.
4. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division.
5. All proposals for roof-mounted antennas shall be designed by a registered architect or civil or structural engineer.
6. The installation of all satellite dish antennas shall be subject to the design of footings, anchorage and fasteners by a California registered architect, civil or structural engineer, to meet the current Uniform Building Code as adopted by the city.
7. The electrical system shall be designed and installed in accordance with the National Electrical Code as adopted by the city.
8. All electrical wiring associated with antennas shall be installed underground.
9. A satellite dish antenna shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.
E. Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna.
F. Existing Antennas.
1. All owners of antennas installed or constructed prior to the effective date of the ordinance codified in this section shall apply to the planning commission for a use permit no later than July 1, 1987.
2. Within sixty days after such application, the planning commission shall:
a. Issue a use permit if the antenna conforms to the provisions of this chapter; or
b. Prior to the issuance of a use permit, require the owner to move the antenna, or to make structural and/or design changes to the antenna so that it conforms to the provisions of this chapter; or
c. Issue an exemption, if it determines that the antenna is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this chapter.
3. In granting an exemption, the planning commission may add any conditions necessary to effectuate the purpose and intent of this chapter.
G. Appeals. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.
H. Local television broadcast antennas that are mounted on buildings such that the maximum height of the antenna exceeds fifteen feet above the roofline of the building are subject to approval by a conditional use permit.
I. Exemptions. All small satellite dish antennas mounted on buildings such that they do not protrude above the nearest roof eave are exempt from this title. All local television broadcast antennas that are mounted on a building such that the maximum height of the antenna does not exceed fifteen feet above the roofline of the building are also exempt from this title. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2002-07 § 1, 2002; Zoning Ordinance dated 7/94, 1994)
A. Any proposal for a vacation club, as defined in Section 17.04.745, shall be considered a visitor-serving use in the Coastal Zone subject to the following findings made by the planning commission at a duly noticed public hearing as part of the development review process and shall not be considered a visitor-serving use in the Coastal Zone without such findings:
1. Membership of the proposed vacation club is sufficiently large to insure to broad opportunity for visitor use;
2. The purchase price and ongoing maintenance fees for membership are reasonably affordable;
3. Membership in the club is easy to achieve and is documented in a membership program;
4. The membership is available to the general public; and
5. Permit requirements are established that will insure availability of transient accommodations to the general public who are not members of the club.
B. The record of proceedings on such a determination will require the applicant to provide sufficient information and program materials to demonstrate that the proposed vacation club use meets the findings noted above. The planning commission’s determination shall include a written summary and analysis of this information and written findings of their decision. The planning commission may impose conditions as necessary to effect the purpose and intent of this section. All determinations by the commission are appealable as provided for under this title. (Ord. 2020-07 § 2, 2020; Ord. 97-7 § 1, 1997)
A home occupation, as defined in Section 17.04.421, may be permitted as an accessory use to a permitted residential use in a residential zoning district provided the following standards are met:
A. A business license is secured from the city finance department.
B. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
C. The business shall not require the installation of gas or electric power service in excess of normal dwelling requirements or place a load on garbage or sewer or community facilities beyond normal dwelling requirements.
D. The use does not change the character of dwelling or adversely affect the uses permitted in the residential district.
E. The use creates no significant additional vehicular or pedestrian traffic to the residence and requires no additional parking space or involves the repeated use of commercial vehicles for delivery of materials to or from the premises, beyond that normal to residential use.
F. No persons are employed in nor report to the home other than those necessary for domestic purposes.
G. Not more than twenty-five percent of the area of said dwelling is used for such use.
H. No internal or external alterations or construction features not customary in dwellings are involved.
I. No sign, which identifies or advertises the business, shall be displayed on the property.
J. There shall be no storage or display of materials or products used in the business that are visible from off of the property.
K. There shall be no external evidence of business activity, including odors, construction materials, smoke or other particulate matter, heat, humidity, glare, electronic interference, noises or vibrations.
L. The use cannot occupy required parking spaces, which include a two-car garage for a single-family home.
M. There shall be no process used in the home occupation which is hazardous to public health, safety or welfare. No toxic explosive, radioactive or other restrictive materials not normally used in a single-family dwelling shall be used or stored on the site.
N. The property owner must agree in writing to all proposed uses, if the applicant is a renter and not a property owner. (Ord. 2020-07 § 2, 2020; Ord. 2001-06 § 1, 2001)
Notwithstanding any minimum building site area, minimum front, side or rear yard, or parking requirements to the contrary, alternative development regulations may be established in the C-R, C-1, and C-2 districts for a planned development on a total site area of not less than one-half acre, subject to the approval of a general development plan for said area as described and following procedures described in Chapter 17.26. Within said planned development area a general development plan may establish alternative individual building site areas, yard requirements, and parking requirements, all of which may vary from those otherwise required. However, such a plan shall establish alternative setbacks within the boundaries of the general development plan area which shall be landscaped and shall be permanently maintained as open space as follows: (A) setbacks as provided by the front yard requirement of said district abutting any public street frontage, and (B) a minimum ten-foot building setback and perimeter landscape planting strip measured from the boundary of the general development plan area not abutting a public street. Cornices, eaves, canopies, and similar architectural features, and uncovered porches, stairways, fire escapes, or landing places may extend into said open space as shown and clearly defined in general development plan. Also, parking spaces or driveways may encroach up to five feet into said open space not abutting a street as shown and clearly defined in the general development plan. Further, such a plan may establish alternative parking requirements where no individual tenant space constitutes more than twenty-five percent of the total floor area and where there is a mix of residential and commercial uses within said planned development. However, any reduction in the total number of parking spaces which might otherwise be required shall not be reduced to less than one parking space for each four hundred fifty square feet of floor area. The approval of any such general development plan shall be conditioned upon the provision of adequate assurances that said permanent landscaping shall be perpetually maintained and that all parking, with the exception of not more than two parking spaces for each residential unit, shall be made available for shared usage by all uses within the planned development. On planned development sites that abut lands in the same district, the planning commission may require that pedestrian and vehicular circulation facilities be extended from the planned development site to the boundary of general development plan area for connection with existing or future pedestrian and vehicular facilities on such abutting lands, and that provisions are incorporated into the project to ensure that necessary and appropriate cross easements will be obtained. (Ord. 2020-07 § 2, 2020; Ord. 2003-01 § 1, 2003; Ord. 2001-02, 2001)
A. Purpose. The purpose of this section is to provide for the orderly conversion of existing hotels which have primarily nontransient occupants to residential hotels designed to provide long-term residential use for families and the work force that are affordable and to provide needed transitional housing opportunities. The standards herein are established to ensure that such use shall provide a suitable living environment for the tenants of the residential hotels, be compatible with surrounding land uses and protect the public health, safety and general welfare.
B. Use Permit Required. Residential hotel conversions shall be permitted only for a hotel legally operating before January 1, 2000, which can demonstrate that it is no longer economically viable as a fully transient hotel in the R-4, multifamily residential district and C-1, commercial or retail business district of the city. These conversions shall only be permitted in these underlying zones provided a use permit is first approved pursuant to the provisions of this chapter, a conversion agreement between the owner and the city is approved and executed, and compliance with the Uniform Building Codes (UBC) is achieved. The conversion agreement shall be designed to lessen the impact of the conversion removing visitor-serving units from the community, as set forth under subsections D through L of this section. For those hotels located in the C-1 zoned areas that have been constructed prior to January 1, 2000, residential hotels are conditionally permitted uses and are only allowed above the ground floor, except that, for such a hotel with only a single floor, a residential hotel is a conditionally permitted use which may occupy up to fifty percent of the square footage of the single floor.
C. Resident Manager. An on-site resident manager shall be required and shall be responsible for ensuring that applicable occupancy and income restrictions listed in the conversion agreement are enforced.
D. Affordability and Residency. As a condition of approval of any use permit and prior to the issuance of any building permits for such project, the owner(s) of the property shall be required to execute and record a notice against the property in a form approved by the city attorney agreeing to restrict rents of the residential hotel lodging units to a level affordable to low and moderate income households. The term “low to moderate income households” as used in this section shall mean households having an income not exceeding one hundred twenty percent of the median family income for the county of Monterey. Minimum affordability standards shall require that rents for these units shall not exceed thirty percent of the maximum income level of said low to moderate income households as set forth by the California State Department of Housing and Community Development (HCD) as adjusted on an annual basis during the life of the project.
E. Conversion Agreement. The property owner(s) will be required to execute and record a conversion agreement with the city of Marina designed to lessen the impact on the city of the conversion eliminating visitor units, to include the following:
1. Payment of a mitigation fee to amortize the change in use;
2. Limitations relating to provisions to ensure that the rooms remain available for lower income households, which may include compensation for reasonable expenses of the city or an alternative agency delegated by the city for monitoring compliance with these provisions, and other provisions of the agreement and entitlements;
3. In order to avoid overcrowding and impacts on services, limitations on the maximum size and occupancy of each unit.
F. Site Development Standards. This chapter recognizes residential hotels as a special class of residential development to provide needed affordable and transitional housing opportunities. In order to provide a living environment consistent with the needs of the tenants of the residential hotels and in order to preserve locally recognized values of community appearance, the following site development standards shall apply, along with minimum common area facilities determined through the city’s normal process of hearings and consideration.
G. Minimum Lot Area. The minimum lot area shall not be less than sixteen thousand square feet.
H. Maximum Size of Each Unit. The maximum size of each dwelling unit shall be not more than five hundred square feet as per the UBC.
I. Open Space. Projects having thirty or more units shall be required to provide a total minimum of one thousand square feet of common usable open space.
J. Private Storage Space. Each unit within the project shall have at least fifty cubic feet of enclosed, weatherproofed and lockable storage space at a single location. This space shall be in addition to interior closet space provided within a unit.
K. Parking. For every dwelling unit there shall be no less than one parking space. The use and assignment of these parking spaces shall be clearly defined in the conversion agreement and lease agreement. Provisions for guest parking and bicycle parking/racks shall be required as part of the conversion agreement.
L. Site Design Review. Residential hotels in Marina shall be subject to planning commission approval pursuant to Chapter 17.56. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2008-06 Exh. A, 2008; Ord. 2004-04 § 1 (Exh. 2), 2004; Ord. 2004-03 § 1, 2004)
Large and small family child care homes shall comply with the following standards:
1. Location. Large and small family child care homes shall have vehicular access from a public street or a private street improved to city standards. This requirement may be waived by the community development director if it can be determined that certain physical conditions exist and if the waiver would not be detrimental to the public peace, health, safety and comfort of the affected neighborhood.
2. Parking—Drop-Off Area. At least two parking spaces for passenger loading/unloading must be available either on street or off street. If on street, there shall be at least twenty-two feet of legally permitted parking along the frontage of the parcel. If on site, an existing driveway may be used for this purpose. Such parking must not restrict access to neighboring residences. A home located on an arterial shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).
3. Noise. Outdoor activities shall be limited to the hours between eight a.m. and eight p.m. in residential zone districts and between seven a.m. and eight-thirty p.m. in all other zones.
4. Health and Safety. Each large and small family child care home shall comply with applicable building and fire codes, as well as with licensing requirements of the state Department of Social Services. Each large family child care home shall receive fire safety clearance from the fire department prior to beginning operations. Consistent with 22 CCR Section 102371(b), as may be amended, fire clearance shall not be required for small family child care homes.
5. Conforming Use and Building. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum building site area, lot coverage, parking, and fencing.
6. Occupancy Requirement/Property Owner Authorization. The large or small child care home shall be the principal residence of the provider. If the provider is not the owner of the principal residence, a letter authorizing the use of the residence and site for large or small family child care use shall be obtained from the property owner.
7. Residential Use. The facility shall be operated in a manner so as not to appear as a commercial operation. No structural changes shall be approved that will alter the character of the building as a residence.
8. Number of Children. The maximum number of children for whom care may be provided at any one time shall be regulated by 12 CCR Section 102416.5, as may be amended. (Ord. 2025-08 § 4 (Exh. A), 2025; Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)
A. Purpose.
1. Provide affordable and long-term housing for small households and for people with special needs;
2. Provide high density housing in close proximity to transportation and commercial services; and
3. Provide the highest possible livability standards of design, environment, comfort and security given the constraints of limited living space and the need to maintain affordability.
B. Development Regulations.
1. Floor Area. Minimum of one hundred fifty square feet per unit, including bathrooms. Maximum of three hundred fifty square feet per living unit, including bathrooms.
2. Kitchen. Each unit shall contain kitchen facilities including a sink, cooking apparatus and refrigerator.
3. Bathroom. Each unit shall contain a bathroom with toilet, sink and shower or tub.
4. Entryways. Units shall not have separate external entryways.
5. Common Area. Fifty square feet per unit, designed and furnished for the use and comfort of all residents. No common area shall be less than five hundred square feet in size. Common areas shall not include storage rooms, laundry facilities, common kitchens, dining rooms or hallways.
6. Maximum Occupancy. Two persons per unit.
7. Manager’s Unit. A manager’s unit shall be provided in a central location; such unit may exceed the maximum floor area and occupancy limitations in this section.
8. Telephone/Cable Television. Units shall be pre-wired for both telephone and cable television service. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)
A. Limitation on Uses. A live-work unit shall not be established or used in conjunction with any of the following uses or activities:
1. Adult businesses;
2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;
3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
4. Welding, machining, or any open flame work; and
5. Any other activity or use, as determined by the planning commission, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.
B. Sale or Rental of Portions of Unit. No portion of a live-work unit shall be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.
C. Nonresident Employees. Up to two persons who do not reside in the live-work unit can work in the unit. The employment of three or more persons who do not reside in the live-work unit can be permitted subject to use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity.
D. Client and Customer Visits. Client and customer visits to live-work units are permitted subject to any applicable conditions of the use permit.
E. Design Standards. A live-work unit shall be designed to accommodate commercial uses as evidenced by the provision of ventilation, interior storage, flooring, and/or other physical improvements of the type commonly found in exclusively commercial facilities permitted in the C-R district. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)
A. Definitions.
1. “Domestic chicken” means an egg-laying female chicken (hen). For the purposes of this section, domestic chickens shall not include roosters.
2. “Hen house” means a house or enclosure for the domestic chicken, made of metal chicken wire, or other suitable material, so as to prevent the escape of domestic chickens. Hen houses shall be clean, dry, odor-free, neat and sanitary structures and shall have adequate ventilation and adequate sun and shade. Hen houses shall be impermeable to rodents, wild birds and predators, including raccoons, dogs and cats, and shall be maintained in good repair to prevent escape.
B. Development Regulations. Up to four domestic chickens shall be permitted within the MHR, R-1, R-2, and R-1/C-P zoning districts, as set forth in this chapter, upon payment of a fee of twenty-five dollars to the city clerk, and subject to the following rules and development regulations:
1. No more than four domestic chickens allowed per residential household.
2. Domestic chickens shall be raised for eggs and shall not be slaughtered or raised for consumption of their meat.
3. Domestic chickens shall only be permitted at a residential household if the household has a suitable hen house. The hen house shall be located at least ten feet from the property boundary. Hen houses shall be kept clean and maintained in good repair and shall be of a sufficient size to provide adequate and proper housing so as to prevent overcrowding. Hen houses must be located in the back yard and shall not be visible from the front of the residence.
4. Domestic chickens shall not be allowed to run at large on public or private property. Chickens may be permitted outside of an enclosure on the homeowner’s property within the rear yard only when attended by a person not younger than twelve years old.
5. Odors from domestic chickens, manure or other related substances shall not be perceptible beyond the boundaries of the permitted household. Manure in excess of that which can be safely and sanitarily utilized on the premises shall be removed and not allowed to accumulate.
6. Domestic chickens must be provided with access to feed and clean water at all times.
7. All feed and other items associated with the keeping of domestic chickens which are likely to attract or to become infested with or infected by rats, mice, rodents, wild birds or predators shall be protected so as to prevent rats, mice, rodents, wild birds or predators from gaining access to or coming into contact with the feed or other such items.
8. Domestic chickens shall be treated humanely and shall be used only for the raising of eggs.
9. The keeping of domestic chickens shall not result in a public or private nuisance.
10. Owners of domestic chickens currently in the city will have ninety days from the date of adoption of the ordinance codified in this section to come into compliance with its requirements. (Ord. 2020-07 § 2, 2020; Ord. 2013-09 § 1, 2013)
A. Purpose. The purpose of this section is to establish a permitting process and appropriate standards for the short-term rental of a whole dwelling unit, or portion of the same, for a period of twenty-nine consecutive days or less.
B. Definitions. For the purposes of this section, the following definitions shall apply:
1. “Hosting platform” means a marketplace in whatever form or format which facilitates home-sharing or vacation rental, through advertising or other means, using any medium of facilitation, and from which the operator of the housing platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
2. “Primary residence” means an owner’s permanent residence or usual place of return for housing as documented by at least two forms of identification. An owner may have only one primary residence at any given time. A primary residence may be a duplex or dwelling as defined in Section 17.04.260, 17.04.265, 17.04.270, 17.04.280, or 17.04.290.
3. “Registry” or “city registry” is the list of STR permits issued in a calendar year. The city shall bear responsibility for keeping the registry up to date with current permits.
4. “STR guest(s)” or “guest(s)” means any person or group of persons staying at an STR for no more than twenty-nine consecutive days.
5. “STR owner” or “owner” means the person, or persons, individually, jointly, in common, or a living trust whereby the trustor and trustee are the same person whereby such property is under single or unified control holding fee title which rents a dwelling operated and used as an STR.
6. “Short-term rental” or “STR” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty-nine consecutive days or less.
7. “Transient occupancy tax” or “TOT” means local transient tax as set forth in Chapter 3.12. The tax is paid by the guest when paying for their rental. The collected TOT is then remitted to the city.
C. Short-Term Rental Requirements and Conditions.
1. Compliance with Applicable Laws. The owner must comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of the STR.
2. Short-Term Rental Permit Required. A permit from the city (hereinafter referred to as an “STR permit”) is required for all STRs. No person shall rent, offer to rent, or advertise for rent any STR for a term shorter than twenty-nine consecutive days without a valid STR permit, which may be issued by the city in the manner provided for by this section.
3. Validity Period. An STR permit shall expire on June 30th of each calendar year and may be renewed upon reissuance of a business license and proof of timely payment of transient occupancy tax (TOT) during the time period of operation of the STR. An STR permit is only valid for up to one year, subject to renewal, and does not run with the land. Therefore, the issuance of an STR permit for a period of up to one year does not create a fundamentally vested right. As such, the city reserves the right to deny renewal of an STR permit for any reason, without the applicant having a right to hearing or other due process rights.
4. Change in Ownership. The STR permit shall be invalidated by a change in owner of an STR, except when a spouse or domestic partner is added to the title of the property or the property is converted to a trust, which is principally under the same ownership. If the STR permit is invalidated by a change in ownership, the owner must complete the reapplication process within forty days or the right to the STR permit will be lost.
5. Noise and Disturbances. Guests are subject to the requirements of Chapter 9.24, Noise Regulations.
6. Revocation of STR Permit. An STR permit may be revoked by the city due to the failure to meet the requirements set forth in this code and state law, subject to the discretion of the city.
7. Appeal Process. Revocation of an STR permit may be appealed pursuant to Section 17.58.050. The appeal shall be accompanied by a filing fee, if any, as established by city council resolution.
8. Good Neighbor Brochure. A good neighbor brochure, the contents of which shall be set by resolution of the planning commission, shall be required on the premises of any STR.
9. Occupancy Limitations. The maximum number of guests permitted in an STR is two per bedroom, plus two additional guests per unit (as shown in the following table). No more than twelve guests shall be permitted to stay in an STR.
Number of Bedrooms | Number of Guests Allowed |
|---|---|
0 (studio) | 2 |
1 | 4 |
2 | 6 |
3 | 8 |
4 | 10 |
5+ | 12 |
10. Transient Occupancy Tax. Transient occupancy tax (TOT) shall be collected on all short-term rentals. STR owners are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis. If a hosting platform collects payment for short-term rentals, then it and the STR owner shall both have legal responsibility for the collection and remittance of TOT.
D. Permit Application Procedures. An application for an STR permit shall be filed with the community development department upon forms, the content of which shall be set by resolution of the planning commission and shall, at a minimum, request:
1. The name, address, assessor’s parcel number (APN) for the STR owner’s property, and telephone number of the owner of the STR for which the STR permit is to be issued.
2. A statement of the anticipated daily rental charge for the STR and written acknowledgment of the responsibility to pay TOT associated with the rental of the STR.
3. A valid business license issued by the city for the STR, with the stipulation that the actual business license number must be included in any solicitation for an STR.
4. An STR permit application fee.
E. Hosting Platform Requirements.
1. Hosting platforms together with STR owners shall be responsible for collecting all applicable TOTs and remitting the same to the city. The hosting platform shall be considered an agent of the owner for purposes of TOT collections and remittance responsibilities as set forth in Chapter 3.12.
2. Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each home-sharing and vacation rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
3. Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the city’s registry at the time the hosting platform receives a fee for the booking transaction.
4. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (E)(1), (2), and (3) of this section, shall be presumed to be in compliance with this section, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this code.
5. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the city to be in violation of, or preempted by, any such laws. (Ord. 2019-02 § 1 (Exh. A), 2019)
All uses permitted by this title shall provide minimum parking in accordance with the formulas in this chapter. Parking for housing development projects, as defined in Section 17.04.440.1, shall rely on the Marina ODS in terms of layout and design. (Ord. 2024-03 § 2, 2024; Ord. 2024-02 § 3, 2024; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
Parking requirements for residential use, excluding residential use approved by use permit as pursuant to Section 17.18.030 or 17.20.030, shall be as follows:
A. Single-family dwellings: two spaces , except single-family dwellings in the R-4 district may as an alternative have one space or two tandem spaces;
B. Duplex dwellings: two spaces per dwelling unit;
C. Secondary dwelling units and guest houses in conformance with Section 17.42.040: no additional parking required;
D. Multiple Dwellings.
1. One-bedroom units and efficiencies: one space for each dwelling unit plus one additional space for each five dwelling units or fraction thereof,
2. Two-bedroom units: one and one-half spaces for each dwelling unit, plus one additional space for each five dwelling units or fraction thereof,
3. Three or more bedroom units: two spaces for each dwelling unit, plus one additional space for each five dwelling units or fraction thereof,
4. General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the planning commission,
5. General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the planning commission;
E. Dwellings Approved under Chapter 17.66.
1. One-bedroom units and efficiencies: one space for each dwelling unit plus two additional spaces for each five dwelling units or fraction thereof,
2. Two or more bedroom units: two spaces for each dwelling unit plus two additional spaces for each five dwelling units or fraction thereof,
3. General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the planning commission,
4. General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the planning commission;
F. Rooming and boarding houses: one parking space for each bedroom;
G. Hotel, resort hotel, motel and auto court accommodations: one space for each unit; one space for the manager and one and one-half spaces for any unit in a hotel, resort hotel, motel or auto court containing a kitchen or kitchenette. Separate parking requirements remain applicable to other uses which may be associated with such complexes, such as restaurants, conference centers or public coastal access;
H. Mobile home parks: two parking spaces for each mobile home site plus two additional spaces for each five mobile home sites or fraction thereof, except that where a mobile home park has been and continues to be certified by the United States Department of Housing and Urban Development as a mobile home park providing housing for adults fifty-five years old or older, two parking spaces for each mobile home site, which may be tandem spaces, plus one additional parking space for each six mobile home sites or fraction thereof are required. Further, in mobile home parks with more than fifty mobile home sites, an area or areas shall be provided for the storage of boat trailers and recreational vehicles with a total area of not less than twenty square feet per mobile home site;
I. Recreational vehicle park: one parking space for each six recreational vehicle sites;
J. Transitional housing for homeless persons: parking shall be provided at the rates as required elsewhere in this section except that the planning commission or city council on appeal may grant a use permit or amendment to an existing use permit for a lesser number of parking spaces associated with transitional housing for homeless persons under the federal McKinney Act on the basis of adequate evidence of a lesser parking demand and the application of any appropriate conditions determined necessary to meet the general purposes of the zoning ordinance as listed in Section 17.02.030. Among the conditions applied in each case shall be a requirement that the applicant establish and maintain a program of monitoring parking usage, including submitting periodic reports of such monitoring to the city, and that the planning commission or city council on appeal may, after a noticed public hearing, require modifications to the parking provided on the site if the city finds that such modifications are warranted;
K. If a supportive housing development, as defined in California Health and Safety Code Section 50675.14(b)(2), is located within one-half mile of a public transit stop, there is no minimum parking requirement for units occupied by supportive housing residents;
L. Emergency shelters shall provide either sufficient parking to accommodate all staff working in the emergency shelter, or an amount of parking equal to other residential or commercial uses within the same zone, whichever is less. (Ord. 2025-09 § 2, 2025; Ord. 2024-03 § 2, 2024; Ord. 2020-07 § 2, 2020; Ord. 2005-02 § 1 (Exh. A), 2005; Ord. 2003-09 § 1, 2003; Ord. 99-04 § 1, 1999; Ord. 96-24 § 1, 1996; Ord. 96-7 § 1, 1996; Zoning Ordinance dated 7/94, 1994)
Parking requirements for commercial use and residential use approved by use permit as pursuant to Section 17.18.030 or 17.20.030 shall be as follows:
A. Medical and dental offices: one parking space for each three hundred square feet of gross floor area plus one space for each office unit;
B. Veterinary hospitals and offices: one parking space for each three hundred square feet of gross floor area;
C. Service establishments, banks, offices: one parking space for each three hundred square feet of gross floor area;
D. Restaurants: one parking space for each sixty square feet of dining area;
E. Taverns: one parking space for each four seats;
F. Retail stores: one parking space for each two hundred seventy-five square feet of gross floor area;
G. General commercial (nursery, building materials yard, etc.): one parking space for each three regular employees on the largest shift and not less than one parking space for each two thousand square feet of gross floor area;
H. Take-out food establishment: eight parking spaces plus one space for each one hundred square feet of gross floor area;
I. Loading space: one loading space for each five thousand square feet of store floor area;
J. Furniture and major appliance stores: one parking space per five hundred square feet of gross floor area;
K. Day care centers: one space for every ten children authorized by the state license. For centers with fifteen or more children, one additional space per employee on the largest shift shall be required. Exceptions to this parking requirement may be approved if the community development director determines the exception will not result in potentially unsafe conditions for either pedestrians or motorists;
L. One space per residential unit. (Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2005-02 § 1 (Exh. A), 2005; Zoning Ordinance dated 7/94, 1994)
Recreational facilities parking requirements shall be as follows:
A. Ballparks, stadiums, outdoor recreation centers: one parking space for each eight seats;
B. Bowling alleys: five parking spaces for each alley;
C. Swimming pools: one parking space for each one hundred square feet of pool area;
D. Private community centers: one parking space for each four hundred square feet of area; provided, that a use permit is granted with findings that members of the community center generally live or work in close proximity to the center and are well served by transit and/or a network of walking and bicycling trails to access the center. (Ord. 2020-07 § 2, 2020; Ord. 2006-17 § 1, 2006; Zoning Ordinance dated 7/94, 1994)
Public building parking requirements shall be as follows:
A. Theaters, churches, indoor sports arenas, assembly halls, auditoriums, and similar places of public assemblage: one parking space for each four seats, and not less than one parking space for each two hundred square feet of gross floor area;
B. Libraries, museums, art galleries: one parking space for each three hundred square feet of gross floor area;
C. Hospitals: one parking space per bed plus one parking space for each three employees, and not less than one parking space for each three hundred square feet of gross floor area. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
Industrial, manufacturing and warehousing parking requirements shall be as follows:
A. Industrial, manufacturing, warehousing: one parking space for each three employees on the largest shift, and not less than one parking space for each one thousand square feet of gross floor area;
B. Office space in conjunction with permitted uses: one parking space for each two hundred square feet of floor area;
C. Truck loading and truck parking spaces: one space for each establishment and not less than one parking space for each five thousand square feet of gross floor area to a maximum of four spaces;
D. Other uses shall provide parking as determined by the planning commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
General requirements shall be as follows:
A. Any off-street parking space, whether or not required by the terms of this title for any building or use wherein more than two automobile parking spaces are required, shall be designed so as to provide for maneuvering of the vehicles on the building site in such a way that they may leave the building site to enter any public or private road in a forward direction.
B. Off-street parking spaces shall not be permitted in the required front nor the required side yard and driveways shall not be permitted in the required front yard nor the required side yard abutting a street except as necessary for ingress and egress from the street. However, off-street parking spaces for handicapped persons as required by federal or state law may be located in the required front yard or the required side yard abutting a street.
C. All parking areas and driveway surfaces shall be permanently paved and maintained to the satisfaction of the city engineer.
D. As defined by this title, a required parking space shall be a minimum of nine feet by nineteen feet.
E. Parking Demand Management Program. Parking shall be provided at the rates as required elsewhere in this chapter and parking shall have minimum dimensions as defined by subsection D of this section, except that the planning commission or the city council on appeal may grant a use permit or amendment to an existing use permit, to allow (1) a given parking space or spaces to be counted towards the parking requirements for two or more uses, (2) a lesser number of parking spaces, and (3) minimum dimensions of less than defined in said subsection, subject to the implementation of an ongoing and continuous parking demand management program as described below and determined necessary to meet the general purposes of the zoning ordinance as listed in Section 17.02.030.
1. A given parking space or parking spaces may be counted towards parking requirements for two or more uses in circumstances where a parking demand management program identifies specific parking spaces to be shared by two or more uses having peak parking demands occurring at different times of the day or week. Such shared parking spaces may serve two or more uses on separate lots where any permanent and nonrevocable agreements bind the property owners and operators of the uses to share parking as described in an approved parking demand management program. The parking demand management program shall identify specific parking spaces to be shared, the times of the day and days of the week each parking space will be available for each use to be served, and the proximity and ease of access of shared parking spaces to uses to be served. Any such shared parking space shall be located within three hundred feet of site proposed to be served.
2. A lesser number of parking spaces may be approved in circumstances where a parking demand management program for employment sites with over fifty employees or places of assembly with more than fifty seats in one assembly location defines and implements permanent transportation programs to the employment site or the assembly location, respectively. Said transportation programs shall provide transportation to work or place of assembly by bus, van or car pools, bicycles or other alternative forms of transportation to the private automobile.
3. Lesser parking space dimensions may be approved in circumstances where a parking demand management program for places of assembly with fifty or more seats in one assembly location defines and permanently implements a program of staffed valet parking during all times of assembly.
F. Landscaped planting areas shall be incorporated into the design of all parking areas in accordance with adopted city design guidelines and standards. (Ord. 2020-07 § 2, 2020; Ord. 2003-03 § 1, 2003; Ord. 2001-08 § 1, 2001; Zoning Ordinance dated 7/94, 1994)
A. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. “Fair Housing Laws” means “Fair Housing Amendments Act of 1988” (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.
B. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.
C. A request for reasonable accommodation may include a request for modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter.
D. It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Any person with a disability, or his or her representative, may request reasonable accommodation on a form supplied by the community development department. The request shall include the following information, and be accompanied by a fee established by resolution of the city council:
1. The applicant’s or representative’s name, mailing address and daytime phone number.
2. The address of the property for which the request is being made.
3. The specific code section, regulation, procedure or policy of the city from which relief is sought.
4. A site plan or illustrative drawing showing the proposed accommodation.
5. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property.
6. The basis for the claim that Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim. Evidence may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other relevant evidence.
7. A detailed explanation as to why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city.
8. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested.
9. Other information required by the city to make the findings required by Section 17.45.040 consistent with the Fair Housing Laws.
B. A request for reasonable accommodation may be filed at any time the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval, the applicant shall provide required submittal information to the city together with the application for discretionary approval and shall pay all applicable fees. These materials shall enable the city to concurrently review the accommodation request and the discretionary approval request. Processing procedures for the discretionary approval request shall govern joint processing of both the reasonable accommodation and the discretionary permit.
C. Reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue or related to the requested accommodation.
D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure the process is accessible.
E. Should the request for reasonable accommodation be made concurrently with a discretionary permit, the fee for a reasonable accommodation application may be waived; provided, that the prescribed fee shall be paid for all other discretionary permits. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Applications for reasonable accommodation shall be reviewed by the community development director (director) when no approval is sought other than the request for reasonable accommodation.
B. Applications for reasonable accommodation submitted for concurrent review with any discretionary land use application shall be reviewed by the authority governing the discretionary land use application. (Ord. 2022-03 § 3 (Exh. A), 2022)
The review authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:
A. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws.
B. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws.
C. The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the Fair Housing Laws and interpretive case law.
D. The requested accommodation will not require fundamental alteration or frustrate application of the city’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The city may consider whether granting the accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan and shall apply objective standards to the review of a request for reasonable accommodation as needed. (Ord. 2024-06 § 2, 2024; Ord. 2023-07 § 3, 2023; Ord. 2022-03 § 3 (Exh. A), 2022)
A. The review authority shall consider the application, and issue a written determination within forty calendar days of the date of receipt of a completed application. At least ten calendar days before issuing a written determination on the application, the city shall mail notice to the applicant and adjacent property owners that the city is considering the application and invite written comments as to the requested accommodation.
B. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant or others consistent with this chapter, specifying in detail what information is required. If a request for further information is made of the applicant, the time period to issue a written determination shall be stayed until the applicant responds to the request.
C. The review authority’s written decision shall include findings and conditions of approval. The applicant shall be given notice of the right to appeal, and the right to request reasonable accommodation related to the appeal process. The review authority’s decision shall be mailed to the applicant, to any person who provided written or verbal comment on the application, and to any other person who requests notice.
D. Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this section.
E. The review authority may approve alternative accommodations that provide equivalent and reasonable levels of benefit to the applicant.
F. The written decision of the reviewing authority shall be final, unless appealed as set forth below.
G. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.
H. Where improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Any decision on a reasonable accommodation request may be appealed to the city council, which appeal must be received by the city within ten calendar days of the issuance of a written decision.
B. The appeal shall be in writing and shall include a statement of the grounds for appeal, and be accompanied by a fee established by resolution of the city council. If an individual needs assistance in filing an appeal, the city shall provide assistance to ensure the appeals process is accessible.
C. The city council shall hear the matter de novo, and shall render a determination as soon as reasonably practicable, but in no event later than sixty calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
D. The city shall provide notice of an appeal hearing to the applicant, adjacent property owners, and any other person requesting notification at least ten calendar days prior to the hearing. The council shall announce its findings within forty calendar days of the hearing, unless good cause exists for an extension. The decision shall be mailed to the applicant and to any other person who requests notice at the time of the hearing. The council’s action shall be final. (Ord. 2022-03 § 3 (Exh. A), 2022)
Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, an applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending appeal. The city may, in its sole discretion, grant or deny any such request for extension or continuance. The granting of an extension of time or continuance shall not be deemed delay on the part of the city, shall not constitute failure by the city to provide prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter. (Ord. 2022-03 § 3 (Exh. A), 2022)
The city shall prominently display in the public areas of the community development department at City Hall a notice advising those with disabilities or their representatives that reasonable accommodations are available in accord with this chapter. City employees shall direct individuals to the display whenever requested to do so or if they reasonably believe individuals with disabilities or their representatives may be entitled to reasonable accommodation. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty-four months from the effective date of approval or at an alternative time specified as a condition of approval unless:
1. A building permit has been issued and construction has commenced;
2. A certificate of occupancy has been issued;
3. The use is established; or
4. A time extension has been granted.
B. The director may approve a time extension for reasonable accommodation for good cause for a period or periods not to exceed three years. Application for a time extension shall be made in writing to the community development department no less than thirty days or more than ninety days prior to the expiration date.
C. Notice of the director’s decision on a time extension shall be mailed to the applicant.
D. Any reasonable accommodation approved in accordance with the terms of this chapter may be revoked if any condition or term of the reasonable accommodation is violated, or if any law or ordinance is violated in connection therewith. Notice of revocation shall be mailed to the applicant and to the owner of any property affected by the accommodation. Upon revocation, the director may require any physical alteration associated with the reasonable accommodation to be removed or substantially conform to the code, as may be reasonably feasible.
E. An accommodation is granted only to an individual. The accommodation shall not run with the land unless the director expressly finds the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the grant of approval may render the reasonable accommodation null and void and/or revocable by the city. Thereafter the director may require the reasonable accommodation to be removed or substantially conformed to the code if reasonably feasible. (Ord. 2022-03 § 3 (Exh. A), 2022)
A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that affects a condition of approval, shall be treated as a new application and shall be processed in accordance with the requirements of this chapter. The director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. It is the purpose and intent of this chapter to provide the city with a viable and practical set of sign regulations that will promote the orderly growth of the community; facilitate the continual upgrading of the community; and preserve the natural beauty of Marina while simultaneously protecting the rights of property and business owners to display signs and the right of individuals to live in, work in, and visit a city that is free from the visual blight that would result from under- or nonregulation of signs.
B. These sign regulations, pursuant to the provisions of the general plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.
C. In addition to the standards specified above, it is hereby set forth that a primary goal of these regulations shall be to ensure that signs and sign structures are considered in light of the architectural and landscape design of the buildings and properties along with individual setting or location of the buildings and properties. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
No sign shall be placed, displayed, painted, posted, printed, tacked, fastened, erected, relocated, constructed or otherwise except as provided in this chapter. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
It shall be the sole responsibility of the person making application to place, construct, erect, alter, relocate, tack, fasten, paint, post or display any sign in the city to obtain the necessary authorization from the owner or lessee of the property. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
As used in this chapter:
“Appeal authority” means the body tasked with hearing appeals to decisions of the review authority or community development director or designee. The site and architectural design review board hears appeals for decisions of the community development director or designee, the planning commission hears appeals for decisions of the site and architectural design review board, and the city council hears appeals for decisions of the planning commission.
“Awning” means a roof-like cover, usually of canvas, extending over or before a place.
“Compliant sign” means a sign that complies with the provisions of this chapter and requires an administrative sign permit issued by the community development director or designee.
“Exempt sign” means a sign that does not require a sign permit.
“Height,” when used in reference to a monument sign, means the vertical distance from the average of the lowest and highest points at the finished grade at the base of sign to the topmost point of the sign.
“Noncompliant sign” means a sign that does not comply with the provisions of this chapter and requires a sign permit issued by the review authority.
“Official signs and notices” means signs and notices placed by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and placed by state or local government agencies or nonprofit historical societies shall be considered as official signs.
“Primary business frontage” or “PBF” means that frontage of a building containing the primary or most important entrance to the occupancy thereon. In such cases where there are multiple entrances, the community development director or designee shall determine which frontage is the primary frontage. In no case shall more than one primary business frontage be permitted.
“Public directional signs” means signs containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly owned natural phenomena, historic, cultural, scientific and educational sites; and publicly owned or operated areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.
“Public utility signs” means warning signs, informational signs, notices or markers which are customarily placed by public or private utilities, as essential to their operations.
“Real estate signs” means signs used to advertise the sale, rental, lease, subdivision, or construction of property.
“Review authority” means the body tasked with reviewing and approving noncompliant sign permit applications and may include the site and architectural design review board or planning commission.
“Secondary business frontage” or “SBF” means that frontage of a building containing any entrance other than a primary business frontage. In no case shall more than two secondary business frontages be permitted.
“Service station” means a business which is primarily in the business of providing service to vehicles such as gasoline, oil, tire, mechanical assistance, parts, etc.
“Shopping center” means commercial and retail buildings and associated facilities which have been designed and developed as an integrated unit containing more than four separately owned and operated businesses which function as an integral unit and which utilize common off-street parking.
“Sign” means any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any person, partnership, corporation or unincorporated association, or any place, subject, public performance, article, machine or merchandise, whatsoever, and painted, printed, constructed, erected or displayed in any manner whatsoever.
“Sign area” means that area enclosed by a square, rectangle, triangle or other shape which connects the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper. The area of a sign composed of characters, words or individual letters attached directly to a surface shall be the smallest shape that encloses the whole group. Sign area shall include only one face of any double-faced sign and shall include all faces of any multi-faced sign containing more than two faces. For the purpose of this definition, the faces of a double-faced sign shall be parallel.
“Sign area allotment” means the maximum area of signs that may be displayed on any site, premises, business, building, parcel, lot or otherwise not including signs specifically exempted in this chapter.
“Temporary sign” means a sign posted not more than sixty days prior to an event to which it pertains.
“Uniform Building Code” or “UBC,” “Uniform Electrical Code” or “UEC,” “Uniform Mechanical Code” or “UMC” means those codes which are currently in full force and effect as adopted by the city council, including any amendments or additions thereto adopted from time to time by the city council. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 95-10 § 1, 1995; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.150)
A. A sign permit is required unless the sign is exempt as provided in Section 17.46.080.
1. A hearing shall be required for all noncompliant signs. A fee shall be collected by the community development director or designee prior to consideration of any sign by the review authority. The fee shall be established from time to time by resolution of the city council.
2. All signs compliant with the provisions of this chapter shall be subject to review and approval by the community development director or designee.
B. In order to facilitate the review and approval process, any person seeking to obtain a sign permit shall submit accurate plans, drawings, color boards, examples of materials, or any such other information specified by the community development director or designee. Written appeals shall be filed with the community development director or designee no later than ten days after the decision of the review authority or community development director or designee.
C. During the course of review and approval, the review authority or appeal authority may approve, disapprove, conditionally approve or modify the plans as submitted in order to ensure compliance with the spirit and intent of this chapter. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
A. In order to ensure that the building department is provided with an opportunity to review the placement, construction, erection, relocation or alteration of any and all signs in the city, it is required, unless otherwise specified herein, that a building permit shall be obtained from the building department prior to the placement, construction, erection, relocation, alteration or otherwise of the sign.
B. Any person seeking to obtain a building permit shall provide the building department with any and all necessary plans, drawings or other materials or information required by the building department along with written evidence that a sign permit has been obtained. Following a review of the materials submitted, the building department may issue the building permit pursuant to the provisions of the UBC. A fee shall be collected by the building department prior to the issuance of any building permit. The fee for a building permit shall be as specified by department procedure. (Ord. 2023-05 § 3 (Exh. A), 2023)
The following signs shall be prohibited in the city. Definitions and descriptions of these signs are included in this section. Additional definitions pertaining to this chapter are contained in Section 17.46.040.
A. Portable Signs. Signs such as A-board or other such signs capable of standing without support or attachment to a structure or the ground.
B. Animated Signs. Signs that involve animation, rotation, flashing, projections, scintillation, or any type of movement, not including barber pole signs or time, date and temperature signs.
C. Billboard Signs. Off-site advertising signs that are designed to direct attention to a business, commodity, service or entertainment, sold or offered elsewhere than on the premises or property on which the sign is located.
D. Roof Signs. Signs that are attached to, supported by, mounted on or project above a roof or other architectural feature including, but not limited to, mansards, parapets and the like.
E. Projecting Signs. Signs that are suspended from or that are supported by a wall, building or structure and project more than three feet outward therefrom or signs that project into the public right-of-way. No provision contained herein shall be construed to prohibit the display or construction of freestanding signs. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.160)
The following signs are exempt from a sign permit:
A. Official signs and notices, public utility signs, and public directional signs, including time and temperature devices and signs indicating the location or direction of a place or area on the premises upon which the sign is located;
B. Professional nameplates not exceeding three square feet in area;
C. Temporary yard signs, subject to the provisions of Section 17.46.200;
D. Emergency, public service or other temporary nonadvertising signs;
E. Memorial signs on tablets, names and dates of buildings when cut into any masonry surface or when flush mounted and constructed of bronze or other noncombustible materials;
F. Accessory signs of a secondary nature, e.g., savings stamp signs or credit card signs not exceeding one square foot;
G. Banners not exceeding thirty square feet when used for advertising the opening of a new business and/or the hiring of employees. Such signs shall be removed after thirty days;
H. Temporary window signs that are painted, placed, taped, displayed, or otherwise suspended within three feet of any window that are visible from outside the place of business and that are designed to be displayed for more than thirty days. Such signs are permitted to cover no more than ten percent of the area of the window; and
I. Real Estate Signs.
1. Sale, Rental, or Lease Signs. Any property being advertised for sale, rent, or lease may have one such sign on the property not exceeding twelve square feet in area.
2. Subdivision Signs. The land being subdivided may have no more than two signs posted upon it advertising the subdivision. Each sign shall not exceed thirty-two square feet in area.
3. Under Construction Signs. These signs shall not exceed twenty square feet in area. No more than one such sign shall be permitted and shall be removed prior to the issuance of the final occupancy permit.
4. Portable, Temporary Signs Displayed on Private Property. In advertising a property for sale, rental, or lease, a portable sign, not exceeding six square feet in area, may be placed off the site on private property for the purpose of advertising that the subject property is open for inspection. One additional such sign may be displayed on the premises that are open for inspection. Such signs shall only be displayed when the premises are open for inspection.
5. Model Home Signs. Signs identifying model homes may be displayed on the property upon which the model homes are located. Such signs shall be located adjacent to the entrance of the model home. Such signs shall not exceed eight square feet in area nor three feet in height. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 95-10 § 1, 1995; Zoning Ordinance dated 7/94, 1994)
A. Any permanent sign lawfully existing prior to the adoption of this chapter and not conforming to the provisions contained in this chapter is declared to be a lawfully nonconforming sign and may remain as such.
B. No such nonconforming sign shall in any way be altered, relocated, replaced or reworded unless the sign can be made to conform to all provisions of this chapter. Nothing in this section shall be construed to prohibit the normal maintenance and repair of lawfully nonconforming signs. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
A. Signs Requiring a Sign Permit and Review. The following signs require a sign permit. Definitions of allowed signs are included in this section. Additional definitions pertaining to this chapter are contained in Section 17.46.040.
1. Monument Signs. Freestanding signs of a permanent nature not attached to any portion of a building and not projecting over or through a roof, eaves of a building or any public right-of-way. Such signs may be placed within required yard or setback areas.
2. Awning Signs. A sign attached to the face of or supported by an awning. Such signs must be parallel to the face to which attached and must not hang lower or project above the face to which attached.
3. Marquee or Canopy Signs. A sign attached to or supported by a marquee or canopy. Such signs must be parallel to the face to which they are attached and may not be made of cloth, canvas or other material of a similar nature nor shall such signs hang lower or project above the face to which attached.
4. Nameplates. Professional nameplates and occupation signs exceeding three square feet in area.
5. Neighborhood Signs. Signs identifying a neighborhood or development, not exceeding fifty square feet in area.
6. Readerboard Signs. A sign with detachable or interchangeable letters.
7. Under Canopy Signs. A sign attached to the underside of a canopy. The canopy must be of a permanent nature attached to and supported by a building. Such signs that do not exceed four square feet will not be included in the maximum sign area allotment. Any such sign exceeding four square feet shall be included in the maximum sign area allotment. Such signs shall have a minimum clearance of seven feet six inches above the sidewalk.
8. Wall Signs. A sign of either solid face construction or individual letters placed against the exterior wall of any building or structure. Such signs shall not extend more than one foot beyond the wall. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.170)
The regulations contained in this chapter shall be enforced as are other zoning, building and safety regulations as set forth in this code. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.060)
Notwithstanding the procedures for enforcement set forth in this code, the city is authorized to proceed in any other fashion, way or procedure permitted by law. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.070)
A. No person shall maintain or permit to be maintained on any premises owned or controlled by said person any sign which has been abandoned. Any such sign shall be promptly abated. Any sign which is located on property which becomes vacant for a period of six months or more and any sign which was erected for an occupant or business unrelated to the present occupant or their business and any sign which pertains to a time, event or purpose which no longer obtains shall be presumed to have been abandoned.
B. Unless some other form of abatement is approved by the community development director or designee in writing, abatement of abandoned signs shall be accomplished in the following manner:
1. Signs painted on buildings, walls, fences or structures shall be abated by removal of the paint constituting the sign or by painting over the sign in such a way that the sign shall not thereafter become visible.
2. Other types of signs may be abated by removal of the sign including its dependent structures and supports, unless the sign conforms to the provisions contained in this chapter, in which case all faces of the sign shall be screened from view in a manner satisfactory to the community development director or designee. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.120)
A. Signs on Private Property Presenting Health or Safety Hazards. No sign may be placed upon any privately owned property in a manner that creates a public health or safety hazard. Any sign placed on, above or adjacent to any street, sidewalk or right-of-way that creates a health or safety hazard through obstructing vision or use of such street, sidewalk or right-of-way may be summarily removed by the public safety, public works or community development directors or their respective designees. Any sign so removed shall be returned to the owner upon payment of the costs of removal and storage. Any sign placed on or about private property that creates a health or safety hazard, including obstructing vision in the public right-of-way, may be removed by the public safety, public works or community development directors or their respective designees to a position on the private property where it does not create a health or safety hazard.
B. Signs on Public Property. No sign may be placed in or upon any public right-of-way, the exterior of any public building, any public grounds or property thereon, any public utility pole or appurtenance thereof, wherever located, or any tree on public property. Any such sign may be summarily removed and impounded by the public safety, public works or community development directors or their respective designees.
C. Impounded Signs. Any sign impounded under the provisions of subsection A or B of this section shall be stored for a period of not less than thirty days at which time the signs may be salvaged, sold or destroyed in order to defray the costs of removal and storage. The person responsible for the placement of such sign shall be liable for the cost incurred in the removal and storage of the sign and the departments of public safety and public works are authorized to effect the collection of said cost.
D. Noticing Sign Owners. If the person who owns a sign that has been removed pursuant to this section can be identified, the city official who has removed said sign shall notify that person of the reasons the sign has been removed, the location of the sign and the procedures for the return of the sign. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 95-10 § 1, 1995; Zoning Ordinance dated 7/94, 1994)
A. Maintenance and Construction. The appropriate sections of UBC, UEC, or any amendment thereto adopted by the city shall apply to the construction, placement or display of signs in the city. All signs having internal or built-in illumination shall be constructed wholly of noncombustible materials or other such fire resistive materials as approved by the building department. Guy wires or exposed strut-like sign structures shall not be utilized. Signs and sign structures shall at all times be maintained in a state of good repair including all braces, bolts, structural parts, supporting frames and fastenings.
B. Safety. In addition to all other maintenance and construction provisions contained in this chapter, all signs within the city shall comply with the following provisions:
1. Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated, altered, maintained or otherwise so as to prevent ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe, gutter, drain or fire escape, except signs referring specifically to the standpipe, gutter, drain or fire escape to which it is attached.
2. Signs Not to Obstruct Traffic Signals. No sign regulated by this chapter shall be erected at any location where, by reason of its position, it will obstruct or confuse the view of any authorized traffic sign, signal or device.
3. Exterior of Signs. On all signs which are erected within five feet of a public street or sidewalk, no nails, tacks or wires shall be permitted to protrude therefrom. All structural trim maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
C. Signs in the Coastal Zone. Notwithstanding any provision contained herein, all signs to be erected, constructed, placed, tacked, fastened, displayed, painted, posted, printed or otherwise in the Coastal Zone shall comply first and foremost with the provisions of the local coastal program (LCP) along with the spirit and intent of this chapter. In the case of any conflicts between the documents, the provisions of the LCP shall prevail. It is anticipated that signs and signing programs will be considered as a part of the coastal permit process. (Ord. 2023-05 § 3 (Exh. A), 2023)
All illuminated signs in the city shall comply with the following standards:
A. The use of high intensity, unshielded or undiffused lights shall not be permitted.
B. Lights or illumination shall be shielded, oriented or diffused so as to eliminate undue glare onto adjacent properties and not conflict with safe traffic movement.
C. The community development director or designee shall retain the right to require reduction in the intensity of illumination after the installation of any illuminated sign if said illumination creates any undue glare or hazard.
D. To help eliminate the potential for glare associated with internally illuminated or backlit signs, the background of such signs shall be opaque. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.130)
C-1, C-2, P-C and M Districts.
Sign Table A
Allowed Signs in Commercial and Industrial Districts
Sign Regulations in Commercial and Industrial Districts (C-1, C-2, P-C, M) | ||||
|---|---|---|---|---|
Sign area | 1-1/2 sq. ft. for every foot of PBF* (max. 200 sq. ft.) 1/2 sq. ft. for every foot of each SBF** (max. 25 sq. ft. per SBF) | |||
Number of signs | 4 per business (max.) | |||
Monument sign height (in feet; max.) | 7 | |||
Shopping Center/Industrial Park Monument Identification Signs | ||||
Site | Commercial: Less than 5 acres | Commercial: 5 to 25 acres | Commercial: More than 25 acres | Industrial: More than 4 buildings |
Height (in feet; max.) | 10 | 15 | 50 | 10 |
Sign area (sq. ft.; max.) | 100 | 100 | 250 | 200 |
Number of signs (max.) | 1 per principal street frontage (max. 2) | 1 per principal street frontage (max. 2) | 2 | 1 per principal entrance |
*Primary business frontage
**Secondary business frontage
A. Sign Area. One and one-half square feet are permitted for every foot of primary business frontage to a maximum of two hundred square feet per business. One-half square foot is permitted for every foot of secondary business frontage to a maximum of twenty-five square feet for each secondary business frontage.
B. Number of Signs. No more than four signs may be permitted per business. Under canopy signs are not counted for the purposes of this section.
C. Type of Sign. Any sign specified under Section 17.46.100 may be displayed in accordance with the provisions of this chapter. Monument signs not associated with a shopping center or industrial park shall be limited to a maximum height of seven feet.
D. Service Stations. In addition to the signing permitted under Section 17.46.100, service stations may be permitted to display two additional signs each of which shall not exceed sixteen square feet. Such signs shall be permanently affixed to the ground or a structure.
E. Master Signing Program Approval Required.
1. Any and all commercial, office or industrial developments designed to contain more than four occupancies, businesses or buildings are required to obtain approval of a master signing program from the review authority. Said master signing program plans must be prepared, reviewed and approved by the review authority prior to the issuance of any occupancy permit in the development. Plans for the master signing program shall include specifications, descriptions and locations of all signs to be displayed on the site including but not limited to advertising, identification, directional and public service signs. Any decision of the review authority on a master signing program may be appealed to the appeal authority. Appeals shall be in writing and shall be filed with the community development director or designee within ten days of the decision.
2. Approved master signing programs may be modified from time to time by the review authority.
3. Individual tenant sign changes that comply with an approved master signing program shall be subject to review of the community development director or designee.
4. The following provisions apply to monument identification signs in shopping centers and industrial parks:
a. Shopping centers may be permitted to erect a monument identification sign which may also indicate the principal tenant and other services available on the site. Said sign shall be located adjacent to the principal street frontage and shall not exceed one hundred square feet in area. If the shopping center has more than one principal street frontage, two such signs may be permitted. Freestanding signs allowed for the identification of shopping centers or industrial or business parks of less than five acres shall not exceed a height of ten feet and for sites of less than twenty-five acres shall not exceed a height of fifteen feet.
b. Shopping centers containing more than twenty-five acres approved under a single development permit shall be permitted to erect two monument identification signs which may also indicate the principal tenants. Such signs shall not exceed two hundred fifty square feet in area nor fifty feet in height.
c. Industrial parks containing more than four buildings designed to be architecturally compatible, whether or not on the same parcel of land, shall be permitted to place monument signs along, at, or adjacent to principal entrances to the park. Such signs shall not exceed two hundred square feet or ten feet in height.
F. Highway Signs. Commercially zoned properties having frontage on Highway 1 are declared to be sites of special significance and all signs and signing programs shall be approved by the planning commission. In considering a sign or signing program for a site of special significance, the following items shall be considered: the signing needs of the proposed use; the location of the site in relation to the freeway access; and the responsibility of the city to protect and preserve the natural beauty of Highway 1 while balancing the city’s need for a healthy highway-oriented visitor-serving industry. Any decision of the planning commission concerning a site of special significance may be appealed to the city council, in writing, within ten days of the decision of the planning commission. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.180)
R-1, R-2, R-3, R-4 and S-T Districts.
Sign Table B
Allowed Signs in Residential Districts
Sign Regulations in Residential Districts (R-1, R-2, R-3, R-4, S-T) for Sites With More Than Four Dwelling Units | |
|---|---|
Sign area (max.) | 30 sq. ft. |
Number of signs (max.) | 2 |
For sites with four or fewer dwelling units, only one nameplate not exceeding three square feet is permitted. Home occupations are prohibited to identify or advertise businesses within residential zones per Section 17.42.110 . | |
A. Single-Family Dwellings, Duplexes, Triplexes, and Fourplexes. One nameplate not exceeding three square feet per dwelling.
B. Multiple-Family Dwellings Containing More Than Four Dwelling Units, Public, Quasi-Public, Halls, Organizations, Churches, Clubs, Lodges, and All Similar Uses. Maximum of two signs, each containing a maximum of thirty square feet.
C. All signs not permitted by subsections A and B of this section are prohibited in residential districts. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.190)
All signs, other than exempt signs, which are regulated in Section 17.46.080, shall require approval by the review authority. Any decision of the review authority may be appealed to the appeal authority. Appeals shall be in writing and shall be filed with the community development director or designee within ten days of the decision. No sign shall be approved unless and until a finding is made that the proposed sign is consistent with the purpose, spirit and intent of this chapter. (Ord. 2023-05 § 3 (Exh. A), 2023)
A. General Provisions. The following provisions apply to all temporary signs. Temporary signs do not require a sign permit:
1. No such sign shall be located upon any public street, alley, sidewalk, right-of-way, easement, or other governmental property.
2. All such signs shall be erected, altered and maintained in accordance with the UBC and the safety provisions set forth in Section 17.46.150.
3. All such signs must be stationary and unlighted.
4. Any freestanding sign shall be located at least five feet from any right-of-way line and may not encroach upon required parking or driveways.
5. The posting of any sign regulated by this section shall not in any way affect a property owner’s right to erect signs permitted by other provisions of this chapter.
6. Time Limitations. Signs regulated by this section may be posted not more than sixty days prior to an event to which they pertain. All such signs must be removed within five days after the event to which they pertain or within sixty-five days of their initial posting, whichever occurs first.
7. Consent of Owner or Occupant. No sign regulated by this section may be posted without the consent of the owner or legal occupant of the premises on which the sign is posted.
8. Area of Signs. No sign regulated by this section shall exceed thirty-two square feet of sign area, except that in the R-1 district the total sign area shall not exceed eight square feet.
9. Signs in the R-1 District. The total area of all signs regulated by this section on any one property in the R-1, single-family residential district shall not exceed eight square feet. However, in this district, the number of such signs on any one property is not limited, provided the total area of all signs does not exceed eight square feet. All signs shall be freestanding, or attached to buildings, fences or windows of buildings.
10. Signs in All Districts Other Than the R-1 District. In all zoning districts except the R-1 district, signs regulated by this section shall be freestanding or attached to buildings, fences or windows of buildings. Any freestanding sign shall be placed only upon those vacant portions of a property which are not covered by structures, landscaping, parking areas or driveways. The total area of all signs on any one property which includes at least four thousand square feet of such vacant area shall be limited to not more than one square foot of sign area for each one hundred twenty-five square feet of such vacant area. For properties which include less than four thousand square feet of vacant area, each such property shall still be allowed up to thirty-two square feet of total sign area with no limitation upon the number of signs composing the thirty-two square feet.
11. Responsibility for Removal. It shall be the property owner’s responsibility to remove all signs regulated by this section within the time limitations specified above, whether or not the owner has consented to the posting or construction of such signs.
B. Greater Sign Area and Time Limitations Allowable Pursuant to Use Permit and Design Review Board Approval. A sign area greater than otherwise allowed by this section may be allowed subject to sign permit approval by the review authority. Sign permits for temporary signs regulated by this section shall be granted for a period of not more than six months. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 98-06 § 1, 1998. Formerly 17.46.220)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion is a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.290)
Regulations and Standards Applicable to All Zones
Prior legislation: Ords. 93-6, 87-5, 86-8, 86-1, 84-7, 77-10.
All uses permitted by this title shall provide minimum parking in accordance with the formulas in this chapter. Parking for housing development projects, as defined in Section 17.04.440.1, shall rely on the Marina ODS in terms of layout and design.
Prior legislation: Ords. 91-1, 86-9, 83-11.
A. It is the purpose and intent of this chapter to provide the city with a viable and practical set of sign regulations that will promote the orderly growth of the community; facilitate the continual upgrading of the community; and preserve the natural beauty of Marina while simultaneously protecting the rights of property and business owners to display signs and the right of individuals to live in, work in, and visit a city that is free from the visual blight that would result from under- or nonregulation of signs.
B. These sign regulations, pursuant to the provisions of the general plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.
The regulations specified in this title shall be subject to the general provisions and exceptions of this chapter. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
A. No dancehall, roadhouse, nightclub, commercial club, establishment or business where alcoholic beverages are served or sold for off-sale consumption, commercial place of amusement or recreation, including but not limited to an amusement center or arcade, or place where entertainers are provided whether as social companions or otherwise, shall be established in any zoning district in the city unless a use permit is first secured in each case. Incidental beer and wine, when served with food or sold with groceries, shall require an administrative use permit pursuant to Chapter 17.55.
B. A finding of public convenience or necessity is required for an establishment or business where alcoholic beverages are served or sold for on- and/or off-sale consumption, except when incidental and in combination with food or groceries, within an area of undue concentration as determined by Alcoholic Beverage Control (ABC). Such finding shall require that selling of alcohol for on- and/or off-sale consumption at the subject establishment of business:
1. Will not constitute a public nuisance;
2. Will not occur within five hundred feet of a park or school or place of public assembly;
3. Will not contribute to law enforcement problems associated with an undue concentration of on- and/or off-sale licenses in the vicinity of the subject business or establishment.
C. The following activities shall be permitted in any zoning district:
1. The excavation or removal of materials or trees during the normal construction of buildings, structures or underground facilities;
2. Cutting or removal of trees for the purpose of land clearing for public roads and rights-of-way;
3. The cutting or removal of Christmas trees.
D. Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, telephone, and electricity and telephone booths shall be allowed in all districts, and without limitations as to height, without the necessity of first obtaining a use permit therefor; provided, however, that the routes of proposed gas, water, telephone and electric transmission lines, and the proposed locations of telephone booths, shall be submitted to the planning commission for recommendation at any time prior to but at least thirty days in advance of the acquisition of rights-of-way for any such routes, or, in the case of telephone booths, in advance of the erection thereof except in the Coastal Zone, where the construction of utility lines shall be subject to first obtaining a coastal permit.
E. No accessory building or structure shall be constructed or placed, nor shall any accessory use be conducted, on any property in any R district unless and until the main building is constructed or until a use permit, or in the Coastal Zone a coastal permit, is first obtained.
F.
1. No trailer or mobile home shall be used in any zoning district for any purpose other than a single-family residence or for residential or agricultural storage purposes unless a use permit, and in the Coastal Zone a coastal permit, are first secured in each case.
2. Trailers or mobile homes used as temporary construction offices are allowed without the securing of a use permit. Such use shall be permitted only during the period of construction.
3. Trailers or mobile homes used by public utility companies for temporary emergency equipment or supplies shall be allowed in any district without the securing of a use permit; provided, however, that such use shall not exceed ninety days’ duration.
G. Licensed residential care homes for aged persons of not more than six people, including any permitted rooming and boarding, may be allowed in any zoning district which allows residential uses.
H. Licensed nursery schools may be permitted in any zoning district upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case.
I. Mobile homes and trailers, used as living quarters, not located in mobile home parks or trailer camps shall be allowed only in conjunction with agricultural uses or for the purpose of twenty-four-hour watchman’s quarters upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case which will be good for a maximum period of one year, after which time permanent living quarters shall be constructed. Existing mobile homes which have been granted use permits, and which do not comply with the provisions of this title, may be allowed to continue for as long as the planning commission may desire upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case. The following regulations shall apply in all cases where a use permit or a coastal permit is granted:
1. Skirting of fireproof material shall be provided around the perimeter of the mobile home or trailer;
2. The face of all cut-and-fill slopes shall be planted with a groundcover approved by the director of planning to protect the slopes against erosion;
3. All cut-and-fill slope landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition, and all plant materials shall be continuously maintained in a healthy, growing condition;
4. The planning commission may require compliance with any other conditions or requirements which it may deem reasonable and necessary to make the mobile home compatible with the surrounding neighborhood.
J. No person, firm or corporation shall hereafter, within the city, use any land or erect, construct or use any building, structure or enclosure for the purpose of maintaining a zoo or zoological garden for the purpose of raising, maintaining, keeping or exhibiting of any wild animal unless and until a use permit has been first secured. A use permit may be applied for in any district except for R-1, R-2, R-3 and R-4 districts. In the Coastal Zone such uses must be found consistent with the local coastal land use plan and a coastal permit shall be required for these uses.
K.
1. Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district.
2. Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the planning commission as to the location, access, landscaping and color of storage tanks. In the Coastal Zone such uses shall be subject to a coastal permit.
3. Water facilities, including wells and storage tanks, serving five or more domestic users are permitted in any zoning district upon securing a use permit in each case, except in the Coastal Zone where such uses shall also be subject to first securing a coastal permit.
L. In the Coastal Zone the proposed use shall be consistent with the designation and policies of the general plan and local coastal land use plan.
M. No more than fifteen percent of the units in any motel or auto court may be provided with a kitchen or kitchenette. No unit in any motel or auto court containing a kitchen or kitchenette shall exceed three hundred fifty square feet of gross floor area. Each unit in a motel or auto court containing a kitchen or kitchenette shall be provided with one and one-half on-site parking spaces.
N. One on-site dwelling unit may be allowed subject to the following limitations:
1. The unit is to be occupied exclusively by a property owner, individual employed in the management of the property, or individual employed in the management of an on-site business, together with members of the family of said owner, property manager or business manager, and provisions are made to ensure such continued occupancy.
2. A use permit shall be obtained in each case.
3. The site is located in a commercial or business district.
4. Each building site is limited to one such unit with a maximum gross floor area not exceeding two thousand square feet and not exceeding two bedrooms.
5. Two parking spaces shall be required for the unit.
6. The total number of residential dwelling units including said owner’s/manager’s unit shall not exceed the number of residential dwelling units which would otherwise be allowed on the building site if some residential use is already or otherwise allowed on the site.
O. A qualified patient, with an identification card, as defined in California Health and Safety Code Section 11362.7, may cultivate cannabis for noncommercial, personal purposes as set forth in Health and Safety Code Section 11362.77 per each qualified patient with an identification card, upon property she or he rents or owns and inhabits, either inside the dwelling or on land included in such rented or owned property or as permitted by the Adult Use of Marijuana Act, which provides that not more than six living marijuana plants may be planted, cultivated, harvested, dried, or processed by a person over the age of twenty-one inside a private residence, or inside an accessory building to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use. Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants. The cultivation shall be at a location on the property that is secluded so that it cannot be observed by a member of the public who passes by the property. This chapter shall be administratively enforced. (Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2025-09 § 2, 2025; Ord. 2020-08 § 5, 2020; Ord. 2020-07 § 2, 2020; Ord. 2018-09 § 2, 2018; Ord. 2017-07 Exh. A, 2017; Ord. 2016-01 §§ 3, 4, 2016; Ord. 2007-03 § 2 (Exh. B), 2007; Ord. 2007-02 § 1, 2007; Ord. 2003-01 § 1, 2003; Ord. 2002-03 § 1, 2002; Zoning Ordinance dated 7/94, 1994)
The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable:
A. The minimum lot area upon which a horse may be kept is one acre and two horses may be kept on such area. One additional horse may be kept for each twenty thousand square feet by which the parcel of land exceeds one acre;
B. Stables shall be located midway between the side lot lines and in no case closer than twenty feet from the side lines, and not closer than fifty feet to the front lot line. Paddocks shall be located on the rear half of the lot not closer than twenty feet to any property line nor closer than forty feet from any dwelling on the same or adjacent property;
C. Prior to the establishment of any stable in the Coastal Zone, the planning commission will be required to make a finding that such use is consistent with the local coastal program. Stables will also be required to first obtain a coastal permit. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
This section establishes standards for the location and construction of accessory dwelling units and junior accessory dwelling units (jointly referred to as “accessory units” in this section) in conformance with California Government Code Sections 65852.2 and 65852.22. These standards are intended to allow for accessory units as an important form of affordable housing and to comply with state law.
A. Permits Required.
1. Accessory units consistent with the requirements of this section are allowed by right with the issuance of a building permit.
2. Time Limit to Act. The city shall complete its review of an accessory unit application and approve or deny the application within sixty days of receipt of the application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory unit is submitted with a permit application to create a new single-family dwelling on the lot, the city shall delay acting on the permit application for the accessory unit until the city acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the sixty-day time limit shall be extended for the period of the requested delay. In either case the application to create the accessory unit shall be considered without discretionary review or hearing.
B. Permitted Zoning Districts. Accessory dwelling units are permitted in any zoning district where single-family or multifamily dwellings are a permitted or conditionally permitted land use as identified in this title. Junior accessory dwelling units are permitted in any zoning district where single-family dwellings are a permitted or conditionally permitted land use as identified in this title.
C. Site and Design Standards.
1. General. Accessory units are subject to the same requirements that apply to primary dwellings on the same lot in the applicable zoning district except as specified in this section.
2. Number of Accessory Units. No more than one junior accessory dwelling unit and one accessory dwelling unit are permitted on a single lot with a single-family dwelling. Lots with existing multifamily dwellings shall have a number of internal or attached accessory dwelling units equal to twenty-five percent of the existing multifamily dwelling units. Fractions of units of one-half and above shall be rounded up. Accessory dwelling units may include portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be permitted per lot within existing multifamily dwellings. Not more than two detached accessory dwelling units shall be permitted on lots with existing multifamily dwellings.
3. Relationship to Primary Dwelling.
a. An accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof. No passageway (as defined in California Government Code Section 65852.2) is required in conjunction with the construction of an accessory dwelling unit.
b. An accessory dwelling unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling.
c. The city shall allow junior accessory dwelling units as defined in California Government Code Section 65852.22 to be constructed within the walls of the proposed or existing single-family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen as defined herein, and shared or independent bathroom facilities.
4. Height.
a. A detached accessory dwelling unit is limited to sixteen feet in height. A detached accessory dwelling unit may be up to eighteen feet in height if it is (i) within one-half mile walking distance of a major transit stop or high quality transit corridor, or (ii) on a lot that has an existing multifamily, multistory dwelling.
b. An attached accessory dwelling unit is limited to twenty-five feet in height or the height limitation that applies to the primary dwelling, whichever is lower.
5. Maximum Unit Size.
a. The maximum floor area for a studio or one-bedroom accessory dwelling unit shall be eight hundred fifty square feet, except accessory dwelling units which do not conform to subsections (C)(4)(a), (C)(4)(b) and (C)(6)(c) of this section which shall be limited to eight hundred square feet. The maximum floor area for an accessory dwelling unit of two bedrooms or more shall be one thousand square feet. In situations where an existing accessory structure is being converted to an accessory dwelling unit, an additional one hundred fifty square feet are allowed for expansion beyond the physical dimensions of the accessory dwelling unit, limited to providing ingress and egress only.
b. The maximum floor area of a junior accessory dwelling unit shall be five hundred square feet.
6. Property Line Setbacks.
a. No setback is required for an existing accessory structure or living area as defined herein that is converted to an accessory dwelling unit.
b. No setback is required for an accessory dwelling unit constructed in the same location and the same footprint as an existing accessory structure.
c. A minimum setback of four feet from the side and rear property lines is required for an accessory dwelling unit twenty-five feet in height or less. If there is a recorded constraint, such as a no-build easement (e.g., public utility easement), then the recorded constraint prevails in determining the setback. Front yard setbacks shall be the same as the underlying zoning district. An accessory dwelling unit in excess of twenty-five feet in height shall comply with setback requirements of the main structure of the applicable zoning district.
7. Parking.
a. Except as specified in this subsection, on-site parking for accessory dwelling units shall comply with all parking requirements in Chapter 17.44.
b. On-site parking is not required for junior accessory dwelling units.
c. In addition to on-site parking spaces required for the primary dwelling, one on-site parking space shall be provided for each accessory dwelling unit per unit or bedroom, whichever is less.
d. On-site parking spaces for accessory dwelling units may be covered or uncovered, may be tandem, and may be located within the front, side, or rear setback areas unless there is a specific site or regional condition related to fire or life safety that would make parking in setback areas unsafe.
e. No on-site parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit.
ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council.
iii. The accessory dwelling unit is constructed within the primary residence or within an accessory structure.
iv. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. A car-share vehicle pick-up/drop-off location is located within one block of the accessory dwelling unit.
vi. The accessory dwelling unit is part of an application to create a new single-family or multifamily dwelling on the same lot.
8. Utility Connections.
a. General. An accessory unit shall not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless constructed in conjunction with a new single-family residence.
b. Accessory Units in Existing Space. For accessory units within an existing primary dwelling, garage, or other accessory structure, the city shall not require an applicant to install a new or separate utility connection directly between the accessory unit and utility or impose a related connection fee or capacity charge.
c. Attached and Detached Accessory Dwelling Units. Consistent with California Government Code Section 66013, a utility connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
d. Fire Sprinklers. Accessory units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of a dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
9. Septic Tank Disposal System.
a. In areas where septic tank disposal systems are allowed due to lack of sanitary sewer lines, detached accessory dwelling units shall be served by separate and independent septic tank sewage disposal systems. All leach lines shall be designed and installed in accordance with current septic system requirements of the county of Monterey health department.
b. In other areas of the city, accessory dwelling units shall be connected to the sanitary sewer system through the existing lateral line serving the primary dwelling.
10. Deed Restrictions.
a. Deed Restriction Required. Before obtaining a building permit for an accessory unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
i. The accessory unit may not be sold separately from the primary dwelling.
ii. The accessory unit is restricted to the approved size as set forth in subsection (C)(5) of this section.
iii. The accessory unit shall not be rented for a period of less than thirty-one days.
iv. Binding on Future Owners. The above declarations shall be binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the accessory unit.
11. Fees.
a. Impact fees shall not be imposed on an accessory dwelling unit less than seven hundred fifty square feet in size.
b. Impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling. (Ord. 2023-06 § 3 (Exh. 1), 2023; Ord. 2021-05 § 10, 2021; Ord. 2020-07 § 2, 2020; Ord. 2020-06 § 2 (Exh. A), 2020)
The following regulations shall apply in all cases where a use permit has been issued for a mobile home park, except otherwise prescribed by state law:
A. The minimum lot area for a mobile home park shall be five acres.
B. No mobile home park shall have commercial uses other than those used primarily by the residents of the park such as: coin-operated machines for laundry, soft drinks, cigarettes and similar uses on condition that the uses shall be located in the interior of the park.
C. The density of the mobile home park shall be limited to eight homes per acre with the minimum mobile home site to be not less than three thousand square feet.
D. Minimum yard setbacks from adjoining streets and properties shall be as follows: front yard setback, twenty feet; side yard setback, ten feet; and rear yard setback, ten feet, except as otherwise prescribed by state law.
E. Landscaping and fences shall be provided and shall be designed to screen the mobile home park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the director of planning.
F. All landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition and all plant material shall be continuously maintained in a healthy, growing condition.
G. No less than ten percent of the total area of the mobile home park shall be developed for recreational purposes.
H. For required parking see Section 17.44.020.
I. All utility distribution facilities, including but not limited to electric, communication and cable television lines installed for the purpose of supplying service within any mobile home park, shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, or such equipment when concealed by shrubbery, landscaping or other screening and approved by the director of planning. The planning commission may waive the requirements of this section if topographical, soil or other physical conditions make underground installation of such facilities unreasonable or impractical.
J. Notwithstanding the requirements in subsections C, D and G of this section, alternative regulations as described below shall apply to mobile home parks which meet these following criteria: (1) the mobile home park was legally established prior to the incorporation of the city of Marina, (2) it has not expanded by more than three new mobile home sites since incorporation, and (3) it has been and shall continue to be certified by the United States Department of Housing and Urban Development as a mobile home park providing housing for adults fifty-five years old or older. The alternative regulations which shall then apply in lieu of the requirements of subsections C, D and G of this section are that: (1) the density shall be limited to eleven homes per acre, (2) the minimum mobile home site area shall be two thousand four hundred square feet, and (3) no less than six percent of the total area of the mobile home park shall be developed for recreational purposes. (Ord. 2020-07 § 2, 2020; Ord. 99-04 § 1, 1999; Ord. 96-8 § 1, 1996; Zoning Ordinance dated 7/94, 1994)
A. Chimneys, vents, cupolas, spires, and other architectural or mechanical appurtenances may be erected to a greater height than the limit established for the district in which the building is located, except in the Coastal Zone where the height of such structures shall be subject to a coastal permit.
B. Towers, poles, water tanks, and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a use permit and, in the Coastal Zone, a coastal permit in each case. (Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2002-06 § 2, 2002; Ord. 2002-01 § 1, 2002; Ord. 98-05 § 1, 1998; Ord. 97-1 § 1, 1997; Zoning Ordinance dated 7/94, 1994. Formerly 17.42.060)
A. In any required front yard or in any required exterior side yard or any side yard abutting a street, separate fences and retaining walls shall not exceed three and one-half feet in height and fences combined with retaining walls shall not exceed a combined height of four and one-half feet with the retaining wall not exceeding two feet in height, all subject to modifications in subsections C and D of this section. Maximum height limitations may be exceeded to six feet in height for fences, retaining walls and for combination of fences and retaining walls as determined necessary for public safety, privacy, or security subject to the approval of the community development director or by the planning commission on appeal. The review authority may require alternative materials, segmented retaining walls, landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof.
B. In any required rear yard or in any required interior side yard or any required side yard not abutting a street, separate fences and separate retaining walls shall not exceed six feet in height, and fences combined with retaining walls shall not exceed a combined height of nine feet with the retaining wall not exceeding four feet in height. Maximum height limitations may be exceeded to eight feet total height for fences and retaining walls and up to twelve feet in total height for combination of fences and retaining walls as determined necessary for public safety, privacy, or security subject to the approval of the community development director or by the planning commission on appeal. The review authority may require alternative materials, segmented retaining walls, landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof. Other factors in allowing a height exception include (1) to provide satisfactory visual or sound isolation of sensitive land uses from commercial activities such as contractors yards, loading docks and similar commercial activities or (2) to provide reasonable security for areas approved for outdoor storage of equipment or material associated with approved contractor’s yards to restrict unauthorized access to facilities that might be dangerous or hazardous or (3) to minimize grading and/or tree removal impacts.
C. All heights referenced in subsections A and B of this section shall be measured from the finished ground elevation at the base of a separate fence and from the finished ground elevation at the base of the lower side of a separate retaining wall or a combined retaining wall and fence. A fence or a wall shall be considered a separate fence or a separate wall when the face of the fence and the face of the retaining wall are separated by a minimum three-foot horizontal distance or are located on separate building sites.
D. The heights of fence columns may extend a maximum of six inches above the maximum height otherwise allowed by the height limitations described herein. The height of arbors integrated into the design of a fence and incorporating a pedestrian opening in the fence may exceed the height limitations described herein, provided the height of such an arbor does not exceed a height of twelve feet above the height of the finished ground elevation at the pedestrian opening.
E. As provided in Section 10.70.010, corner parcels shall be developed in a manner that ensures unrestricted visibility across the corners of the intersecting streets, alleys, and private driveways.
1. The corner vision triangle area is a triangular-shaped area on a corner parcel formed by measuring the prescribed distance from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway and connecting the lines diagonally across the property making a ninety-degree triangle. See figure below.

2. The dimensions of a corner vision triangle are twenty-five feet from the intersection of two public or private street rights-of-way.
3. It is illegal to erect, place, plant, or allow to grow within the corner vision triangle area.
a. Fences, walls, signs, accessory structures, mounds of earth, advertising matter, storage area, merchandise display area or other visual obstructions over thirty inches in height;
b. Hedges, shrubbery, and vegetation over or with a growth characteristic over thirty inches in height; and
c. Tree canopies maintained at a height less than seven feet above ground level, as measured from adjacent street curb elevation.
F. Master fence plans for subdivisions shall be reviewed as part of the entitlement process. Master fence plans may deviate from the fence regulations stated herein if the development director or planning commission makes findings that the proposed fences provide public safety, privacy or security and are aesthetically pleasing from the street side view (findings are listed in order of importance). The development director or planning commission may require landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof.
G. Garden structures are allowed, subject to the following standards:
1. A garden structure shall not encroach onto a public right-of-way.
2. If a garden structure has an area of thirty-six square feet or less, it may have a solid roof. If a garden structure has an area greater than thirty-six square feet, its roof shall be at least half open to the elements, with no solid roof portion greater in area than thirty-six square feet.
3. A garden structure one hundred square feet or less in area may encroach into a required side yard or rear yard setback, but if greater than six feet in height, shall be located at least three feet from the property line, with the following exceptions:
a. If the property line faces a street or alley, one garden structure, over a gate or walkway, shall be allowed on the outward-facing property line. Such structures shall be no more than twenty-four square feet in area and shall be nine feet or less in height.
b. In each side yard setback, a single garden structure over a gate or walkway is allowed to encroach up to the property line. Such structures shall be nine feet or less in height, and shall not have a depth greater than two feet.
4. In required front yard setbacks, one garden structure is allowed over a gate or walkway. Such structures shall be no more than twenty-four square feet in area with a height of nine feet or less and may be located either in the setback or on the front property line.
5. Vertical trellises that serve the same function as a fence shall be treated as a fence under Section 17.42.060.
6. Garden structures exceeding these standards may be allowed with an administrative design review pursuant to Section 17.55.030. Garden structures outside of required setbacks do not require a planning permit.
H. Prohibited Materials.
1. Fences in any district may not contain strands of barbed or razor wire, sharp or jagged glass, sharp or jagged metal components (e.g., razor-spikes), or similar materials. The only exception shall be for properties that contain a public safety hazard such as a power plant, facilities with hazardous materials or as determined by the community development director, which must receive an administrative use permit.
2. Prohibited fence materials on an existing fence may not be expanded or repaired. Further, all prohibited fence materials must be removed within one year of the feature becoming nonconforming.
I. Temporary fencing to secure and/or screen a property may be authorized by the community development director or their designee on vacant lots, lots with an active building permit or a blighted property as defined in Chapter 8.70, Public Nuisance.
J. Gated communities shall not be allowed as part of a development application. (Ord. 2025-12 § 3 (Exh. A), 2025)
A. In any case, where an official plan line has been established as a part of the street and highway master plan, the required yards on the street side shall be measured from such official plan lines and in no case shall the provisions of this title be construed as permitting any structures to extend beyond such building line.
B. Cornices, eaves, canopies, and similar architectural features may extend into any required yard not exceeding two and one-half feet.
C. Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard not exceeding six feet, and into any required side yard not exceeding three feet. Covered porches on interior lots may extend into the required front yard not exceeding six feet and sixty square feet. Covered porches on corner lots may extend into any combination of the required front yard and the required exterior side yard not exceeding six feet and a total area of one hundred twenty square feet.
D. In any R district, where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum of that specified for the district in which such building site is located.
E. In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten feet from such lot line.
F. In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width but not less than five feet shall be required, except in C or M districts.
G. In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot.
H. In case 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 the main building.
I. Except as otherwise provided in subsection J of this section, detached accessory buildings not for living purposes shall not be located:
1. Within five feet from the main building;
2. Within the front one-half of the lot;
3. Within ten feet of a street side-yard setback;
4. Within four feet of any lot line;
5. So as to encroach on any easement or right-of-way of record;
6. Within six feet of an alley from which the building has access;
J. The location of accessory buildings not for living purposes may only exceed the limitations of subsection I of this section subject to an administrative use permit. The community development director or the planning commission on appeal may require landscaping or other measures to mitigate the visual impacts of accessory buildings.
K. In case of a lot abutting upon two or more streets, the main building and accessory buildings shall not be erected so as to encroach upon the front yard or the exterior side yard required on any of the streets.
L. Notwithstanding any requirements in this section, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline, a private garage attached or detached may be built to within five feet of the front line of the lot.
M. Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R or K districts.
N. Structures, except utility poles and utility equipment appurtenant thereto, shall not be located so as to encroach on any utility or road easement or right-of-way.
O. Notwithstanding the provisions of subsections B, C and H of this section, porches, decks and patios exceeding a height of eighteen inches and attached to the main building, and patio covers attached to the main building, may extend into the required rear yard and together with other buildings on the lot may occupy an area greater than the maximum site coverage allowed in the district in which it is located, except as follows:
1. The structures shall not extend more than ten feet into the required rear yard and shall not occupy an area of the required rear yard exceeding two hundred square feet.
2. The finished floor surface shall not exceed five feet in height and the patio cover is a single story structure not exceeding sixteen feet in height.
3. If the structure is enclosed by walls, the walls may have any configuration, provided the open area of the longer wall and one additional wall is equal to at least sixty-five percent of the area of each respective wall below a minimum of six feet eight inches measured from the floor.
4. Wall openings may be enclosed with insect screening, plastic or glass. The plastic or glass shall be readily removable, translucent or transparent and not exceed a thickness provided by the current edition of the Uniform Building Code.
5. Patio covers shall be used only for recreational and outdoor living purposes and not as carports, garages, storage rooms, commercial or business space or habitable space as defined by the current edition of the Uniform Building Code.
P. Stormwater Runoff Limitations. Impermeable surfacing may not exceed the stormwater runoff design for the parcel or lot and must not cause runoff to affect adjacent property. Properties located in residential districts shall not cover the front, side or rear yards not including buildings and accessory structures with impermeable surfaces such as concrete, asphalt or hardscape more than fifty percent of the yard including the driveway and all pathways, unless approved by the community development director. To exceed this standard, applicants must include calculations by a registered civil engineer demonstrating consistency with on-site stormwater retention subject to review by the city engineer.
Limits on Paving and Hardscaping for Residential Front, Rear, and Side Yards

(Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2020-07 § 2, 2020; Ord. 2004-10 § 1, 2004; Ord. 2003-09 § 1, 2003; Ord. 98-15 § 1, 1998; Zoning Ordinance dated 7/94, 1994)
A. For the purposes of this code, timeshare projects shall be considered a visitor-serving use as are hotel/motel projects and shall be permitted as hotel/motel projects are permitted in this title.
B. Conversions of existing structures to timeshare projects shall not be permitted.
C. Timeshare projects shall be liable for the payment of transient occupancy taxes in accordance with the provisions of Title 3, Revenue and Finance.
D. Each timeshare unit shall have a minimum of three hundred fifty square feet gross floor area measured from inside of walls. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
Legislative Finding and Determination. The city council of the city of Marina does find, determine and declare as follows: that the use of satellite dish antennas is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time the size, location and appearance of such equipment is not adequately addressed in the zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this ordinance to regulate the use of satellite dish antennas rather than prohibit them.
A. Definitions. “Large satellite dish antenna” means any antenna or parabolic reflector established to receive transmissions directly from satellites, with minimum diameter in excess of one meter (39.37 inches), and which is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
“Local television broadcast antennas” means antennas which are designed to receive local television broadcast signals.
“Small satellite dish antenna” means any antennas which are one meter or less in diameter or diagonal measurement and are designed to receive video programming services via MMDS (multipoint microwave distribution system, multi-channel multi-point distribution system, or wireless cable), or to receive or transmit fixed wireless signals other than via satellite as well as to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. Neither large nor small satellite dish antennas include antennas established for the purpose of receiving transmissions from ground transmitters.
B. Satellite Dish Antenna Requirements—Residential Districts. In residential districts:
1. The planning commission shall be the primary reviewing body of applications to install satellite dish antennas. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval.
2. Prior to installation of a satellite dish antenna, all appropriate permits shall be obtained from the building division.
3. Satellite dish antennas shall be considered accessory structures, and unless otherwise stated, shall comply with the height, setback and lot coverage requirements for buildings in the zone in which they are to be located.
4. All satellite dish antennas shall be located on the back half of the lot as ground-mounted units only.
C. Satellite Dish Antenna Requirements in All Other Districts.
1. A use permit or coastal development permit in the Coastal Zone approved by the planning commission shall be required for all satellite dish antennas.
2. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division.
3. Antennas may be ground-mounted, roof-mounted or aboveground pole-mounted.
4. Roof-mounted and aboveground pole-mounted antennas shall not exceed the height of structures allowed in the district in which they are to be located.
5. Roof-mounted antennas shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.
6. No commercial advertising of any kind shall be allowed on large satellite dish antennas.
D. Development Standards for Satellite Dish Antennas.
1. The planning commission may add any conditions to a permit necessary to achieve the compatibility of a satellite dish antenna with its neighborhood.
2. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal or the planning commission.
3. Any readily visible satellite dish antenna shall be painted to blend with its surroundings and shall not be unnecessarily bright, shiny, garish or reflective.
4. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division.
5. All proposals for roof-mounted antennas shall be designed by a registered architect or civil or structural engineer.
6. The installation of all satellite dish antennas shall be subject to the design of footings, anchorage and fasteners by a California registered architect, civil or structural engineer, to meet the current Uniform Building Code as adopted by the city.
7. The electrical system shall be designed and installed in accordance with the National Electrical Code as adopted by the city.
8. All electrical wiring associated with antennas shall be installed underground.
9. A satellite dish antenna shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.
E. Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna.
F. Existing Antennas.
1. All owners of antennas installed or constructed prior to the effective date of the ordinance codified in this section shall apply to the planning commission for a use permit no later than July 1, 1987.
2. Within sixty days after such application, the planning commission shall:
a. Issue a use permit if the antenna conforms to the provisions of this chapter; or
b. Prior to the issuance of a use permit, require the owner to move the antenna, or to make structural and/or design changes to the antenna so that it conforms to the provisions of this chapter; or
c. Issue an exemption, if it determines that the antenna is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this chapter.
3. In granting an exemption, the planning commission may add any conditions necessary to effectuate the purpose and intent of this chapter.
G. Appeals. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.
H. Local television broadcast antennas that are mounted on buildings such that the maximum height of the antenna exceeds fifteen feet above the roofline of the building are subject to approval by a conditional use permit.
I. Exemptions. All small satellite dish antennas mounted on buildings such that they do not protrude above the nearest roof eave are exempt from this title. All local television broadcast antennas that are mounted on a building such that the maximum height of the antenna does not exceed fifteen feet above the roofline of the building are also exempt from this title. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2002-07 § 1, 2002; Zoning Ordinance dated 7/94, 1994)
A. Any proposal for a vacation club, as defined in Section 17.04.745, shall be considered a visitor-serving use in the Coastal Zone subject to the following findings made by the planning commission at a duly noticed public hearing as part of the development review process and shall not be considered a visitor-serving use in the Coastal Zone without such findings:
1. Membership of the proposed vacation club is sufficiently large to insure to broad opportunity for visitor use;
2. The purchase price and ongoing maintenance fees for membership are reasonably affordable;
3. Membership in the club is easy to achieve and is documented in a membership program;
4. The membership is available to the general public; and
5. Permit requirements are established that will insure availability of transient accommodations to the general public who are not members of the club.
B. The record of proceedings on such a determination will require the applicant to provide sufficient information and program materials to demonstrate that the proposed vacation club use meets the findings noted above. The planning commission’s determination shall include a written summary and analysis of this information and written findings of their decision. The planning commission may impose conditions as necessary to effect the purpose and intent of this section. All determinations by the commission are appealable as provided for under this title. (Ord. 2020-07 § 2, 2020; Ord. 97-7 § 1, 1997)
A home occupation, as defined in Section 17.04.421, may be permitted as an accessory use to a permitted residential use in a residential zoning district provided the following standards are met:
A. A business license is secured from the city finance department.
B. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.
C. The business shall not require the installation of gas or electric power service in excess of normal dwelling requirements or place a load on garbage or sewer or community facilities beyond normal dwelling requirements.
D. The use does not change the character of dwelling or adversely affect the uses permitted in the residential district.
E. The use creates no significant additional vehicular or pedestrian traffic to the residence and requires no additional parking space or involves the repeated use of commercial vehicles for delivery of materials to or from the premises, beyond that normal to residential use.
F. No persons are employed in nor report to the home other than those necessary for domestic purposes.
G. Not more than twenty-five percent of the area of said dwelling is used for such use.
H. No internal or external alterations or construction features not customary in dwellings are involved.
I. No sign, which identifies or advertises the business, shall be displayed on the property.
J. There shall be no storage or display of materials or products used in the business that are visible from off of the property.
K. There shall be no external evidence of business activity, including odors, construction materials, smoke or other particulate matter, heat, humidity, glare, electronic interference, noises or vibrations.
L. The use cannot occupy required parking spaces, which include a two-car garage for a single-family home.
M. There shall be no process used in the home occupation which is hazardous to public health, safety or welfare. No toxic explosive, radioactive or other restrictive materials not normally used in a single-family dwelling shall be used or stored on the site.
N. The property owner must agree in writing to all proposed uses, if the applicant is a renter and not a property owner. (Ord. 2020-07 § 2, 2020; Ord. 2001-06 § 1, 2001)
Notwithstanding any minimum building site area, minimum front, side or rear yard, or parking requirements to the contrary, alternative development regulations may be established in the C-R, C-1, and C-2 districts for a planned development on a total site area of not less than one-half acre, subject to the approval of a general development plan for said area as described and following procedures described in Chapter 17.26. Within said planned development area a general development plan may establish alternative individual building site areas, yard requirements, and parking requirements, all of which may vary from those otherwise required. However, such a plan shall establish alternative setbacks within the boundaries of the general development plan area which shall be landscaped and shall be permanently maintained as open space as follows: (A) setbacks as provided by the front yard requirement of said district abutting any public street frontage, and (B) a minimum ten-foot building setback and perimeter landscape planting strip measured from the boundary of the general development plan area not abutting a public street. Cornices, eaves, canopies, and similar architectural features, and uncovered porches, stairways, fire escapes, or landing places may extend into said open space as shown and clearly defined in general development plan. Also, parking spaces or driveways may encroach up to five feet into said open space not abutting a street as shown and clearly defined in the general development plan. Further, such a plan may establish alternative parking requirements where no individual tenant space constitutes more than twenty-five percent of the total floor area and where there is a mix of residential and commercial uses within said planned development. However, any reduction in the total number of parking spaces which might otherwise be required shall not be reduced to less than one parking space for each four hundred fifty square feet of floor area. The approval of any such general development plan shall be conditioned upon the provision of adequate assurances that said permanent landscaping shall be perpetually maintained and that all parking, with the exception of not more than two parking spaces for each residential unit, shall be made available for shared usage by all uses within the planned development. On planned development sites that abut lands in the same district, the planning commission may require that pedestrian and vehicular circulation facilities be extended from the planned development site to the boundary of general development plan area for connection with existing or future pedestrian and vehicular facilities on such abutting lands, and that provisions are incorporated into the project to ensure that necessary and appropriate cross easements will be obtained. (Ord. 2020-07 § 2, 2020; Ord. 2003-01 § 1, 2003; Ord. 2001-02, 2001)
A. Purpose. The purpose of this section is to provide for the orderly conversion of existing hotels which have primarily nontransient occupants to residential hotels designed to provide long-term residential use for families and the work force that are affordable and to provide needed transitional housing opportunities. The standards herein are established to ensure that such use shall provide a suitable living environment for the tenants of the residential hotels, be compatible with surrounding land uses and protect the public health, safety and general welfare.
B. Use Permit Required. Residential hotel conversions shall be permitted only for a hotel legally operating before January 1, 2000, which can demonstrate that it is no longer economically viable as a fully transient hotel in the R-4, multifamily residential district and C-1, commercial or retail business district of the city. These conversions shall only be permitted in these underlying zones provided a use permit is first approved pursuant to the provisions of this chapter, a conversion agreement between the owner and the city is approved and executed, and compliance with the Uniform Building Codes (UBC) is achieved. The conversion agreement shall be designed to lessen the impact of the conversion removing visitor-serving units from the community, as set forth under subsections D through L of this section. For those hotels located in the C-1 zoned areas that have been constructed prior to January 1, 2000, residential hotels are conditionally permitted uses and are only allowed above the ground floor, except that, for such a hotel with only a single floor, a residential hotel is a conditionally permitted use which may occupy up to fifty percent of the square footage of the single floor.
C. Resident Manager. An on-site resident manager shall be required and shall be responsible for ensuring that applicable occupancy and income restrictions listed in the conversion agreement are enforced.
D. Affordability and Residency. As a condition of approval of any use permit and prior to the issuance of any building permits for such project, the owner(s) of the property shall be required to execute and record a notice against the property in a form approved by the city attorney agreeing to restrict rents of the residential hotel lodging units to a level affordable to low and moderate income households. The term “low to moderate income households” as used in this section shall mean households having an income not exceeding one hundred twenty percent of the median family income for the county of Monterey. Minimum affordability standards shall require that rents for these units shall not exceed thirty percent of the maximum income level of said low to moderate income households as set forth by the California State Department of Housing and Community Development (HCD) as adjusted on an annual basis during the life of the project.
E. Conversion Agreement. The property owner(s) will be required to execute and record a conversion agreement with the city of Marina designed to lessen the impact on the city of the conversion eliminating visitor units, to include the following:
1. Payment of a mitigation fee to amortize the change in use;
2. Limitations relating to provisions to ensure that the rooms remain available for lower income households, which may include compensation for reasonable expenses of the city or an alternative agency delegated by the city for monitoring compliance with these provisions, and other provisions of the agreement and entitlements;
3. In order to avoid overcrowding and impacts on services, limitations on the maximum size and occupancy of each unit.
F. Site Development Standards. This chapter recognizes residential hotels as a special class of residential development to provide needed affordable and transitional housing opportunities. In order to provide a living environment consistent with the needs of the tenants of the residential hotels and in order to preserve locally recognized values of community appearance, the following site development standards shall apply, along with minimum common area facilities determined through the city’s normal process of hearings and consideration.
G. Minimum Lot Area. The minimum lot area shall not be less than sixteen thousand square feet.
H. Maximum Size of Each Unit. The maximum size of each dwelling unit shall be not more than five hundred square feet as per the UBC.
I. Open Space. Projects having thirty or more units shall be required to provide a total minimum of one thousand square feet of common usable open space.
J. Private Storage Space. Each unit within the project shall have at least fifty cubic feet of enclosed, weatherproofed and lockable storage space at a single location. This space shall be in addition to interior closet space provided within a unit.
K. Parking. For every dwelling unit there shall be no less than one parking space. The use and assignment of these parking spaces shall be clearly defined in the conversion agreement and lease agreement. Provisions for guest parking and bicycle parking/racks shall be required as part of the conversion agreement.
L. Site Design Review. Residential hotels in Marina shall be subject to planning commission approval pursuant to Chapter 17.56. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2008-06 Exh. A, 2008; Ord. 2004-04 § 1 (Exh. 2), 2004; Ord. 2004-03 § 1, 2004)
Large and small family child care homes shall comply with the following standards:
1. Location. Large and small family child care homes shall have vehicular access from a public street or a private street improved to city standards. This requirement may be waived by the community development director if it can be determined that certain physical conditions exist and if the waiver would not be detrimental to the public peace, health, safety and comfort of the affected neighborhood.
2. Parking—Drop-Off Area. At least two parking spaces for passenger loading/unloading must be available either on street or off street. If on street, there shall be at least twenty-two feet of legally permitted parking along the frontage of the parcel. If on site, an existing driveway may be used for this purpose. Such parking must not restrict access to neighboring residences. A home located on an arterial shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).
3. Noise. Outdoor activities shall be limited to the hours between eight a.m. and eight p.m. in residential zone districts and between seven a.m. and eight-thirty p.m. in all other zones.
4. Health and Safety. Each large and small family child care home shall comply with applicable building and fire codes, as well as with licensing requirements of the state Department of Social Services. Each large family child care home shall receive fire safety clearance from the fire department prior to beginning operations. Consistent with 22 CCR Section 102371(b), as may be amended, fire clearance shall not be required for small family child care homes.
5. Conforming Use and Building. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum building site area, lot coverage, parking, and fencing.
6. Occupancy Requirement/Property Owner Authorization. The large or small child care home shall be the principal residence of the provider. If the provider is not the owner of the principal residence, a letter authorizing the use of the residence and site for large or small family child care use shall be obtained from the property owner.
7. Residential Use. The facility shall be operated in a manner so as not to appear as a commercial operation. No structural changes shall be approved that will alter the character of the building as a residence.
8. Number of Children. The maximum number of children for whom care may be provided at any one time shall be regulated by 12 CCR Section 102416.5, as may be amended. (Ord. 2025-08 § 4 (Exh. A), 2025; Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)
A. Purpose.
1. Provide affordable and long-term housing for small households and for people with special needs;
2. Provide high density housing in close proximity to transportation and commercial services; and
3. Provide the highest possible livability standards of design, environment, comfort and security given the constraints of limited living space and the need to maintain affordability.
B. Development Regulations.
1. Floor Area. Minimum of one hundred fifty square feet per unit, including bathrooms. Maximum of three hundred fifty square feet per living unit, including bathrooms.
2. Kitchen. Each unit shall contain kitchen facilities including a sink, cooking apparatus and refrigerator.
3. Bathroom. Each unit shall contain a bathroom with toilet, sink and shower or tub.
4. Entryways. Units shall not have separate external entryways.
5. Common Area. Fifty square feet per unit, designed and furnished for the use and comfort of all residents. No common area shall be less than five hundred square feet in size. Common areas shall not include storage rooms, laundry facilities, common kitchens, dining rooms or hallways.
6. Maximum Occupancy. Two persons per unit.
7. Manager’s Unit. A manager’s unit shall be provided in a central location; such unit may exceed the maximum floor area and occupancy limitations in this section.
8. Telephone/Cable Television. Units shall be pre-wired for both telephone and cable television service. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)
A. Limitation on Uses. A live-work unit shall not be established or used in conjunction with any of the following uses or activities:
1. Adult businesses;
2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;
3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
4. Welding, machining, or any open flame work; and
5. Any other activity or use, as determined by the planning commission, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.
B. Sale or Rental of Portions of Unit. No portion of a live-work unit shall be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.
C. Nonresident Employees. Up to two persons who do not reside in the live-work unit can work in the unit. The employment of three or more persons who do not reside in the live-work unit can be permitted subject to use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity.
D. Client and Customer Visits. Client and customer visits to live-work units are permitted subject to any applicable conditions of the use permit.
E. Design Standards. A live-work unit shall be designed to accommodate commercial uses as evidenced by the provision of ventilation, interior storage, flooring, and/or other physical improvements of the type commonly found in exclusively commercial facilities permitted in the C-R district. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)
A. Definitions.
1. “Domestic chicken” means an egg-laying female chicken (hen). For the purposes of this section, domestic chickens shall not include roosters.
2. “Hen house” means a house or enclosure for the domestic chicken, made of metal chicken wire, or other suitable material, so as to prevent the escape of domestic chickens. Hen houses shall be clean, dry, odor-free, neat and sanitary structures and shall have adequate ventilation and adequate sun and shade. Hen houses shall be impermeable to rodents, wild birds and predators, including raccoons, dogs and cats, and shall be maintained in good repair to prevent escape.
B. Development Regulations. Up to four domestic chickens shall be permitted within the MHR, R-1, R-2, and R-1/C-P zoning districts, as set forth in this chapter, upon payment of a fee of twenty-five dollars to the city clerk, and subject to the following rules and development regulations:
1. No more than four domestic chickens allowed per residential household.
2. Domestic chickens shall be raised for eggs and shall not be slaughtered or raised for consumption of their meat.
3. Domestic chickens shall only be permitted at a residential household if the household has a suitable hen house. The hen house shall be located at least ten feet from the property boundary. Hen houses shall be kept clean and maintained in good repair and shall be of a sufficient size to provide adequate and proper housing so as to prevent overcrowding. Hen houses must be located in the back yard and shall not be visible from the front of the residence.
4. Domestic chickens shall not be allowed to run at large on public or private property. Chickens may be permitted outside of an enclosure on the homeowner’s property within the rear yard only when attended by a person not younger than twelve years old.
5. Odors from domestic chickens, manure or other related substances shall not be perceptible beyond the boundaries of the permitted household. Manure in excess of that which can be safely and sanitarily utilized on the premises shall be removed and not allowed to accumulate.
6. Domestic chickens must be provided with access to feed and clean water at all times.
7. All feed and other items associated with the keeping of domestic chickens which are likely to attract or to become infested with or infected by rats, mice, rodents, wild birds or predators shall be protected so as to prevent rats, mice, rodents, wild birds or predators from gaining access to or coming into contact with the feed or other such items.
8. Domestic chickens shall be treated humanely and shall be used only for the raising of eggs.
9. The keeping of domestic chickens shall not result in a public or private nuisance.
10. Owners of domestic chickens currently in the city will have ninety days from the date of adoption of the ordinance codified in this section to come into compliance with its requirements. (Ord. 2020-07 § 2, 2020; Ord. 2013-09 § 1, 2013)
A. Purpose. The purpose of this section is to establish a permitting process and appropriate standards for the short-term rental of a whole dwelling unit, or portion of the same, for a period of twenty-nine consecutive days or less.
B. Definitions. For the purposes of this section, the following definitions shall apply:
1. “Hosting platform” means a marketplace in whatever form or format which facilitates home-sharing or vacation rental, through advertising or other means, using any medium of facilitation, and from which the operator of the housing platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
2. “Primary residence” means an owner’s permanent residence or usual place of return for housing as documented by at least two forms of identification. An owner may have only one primary residence at any given time. A primary residence may be a duplex or dwelling as defined in Section 17.04.260, 17.04.265, 17.04.270, 17.04.280, or 17.04.290.
3. “Registry” or “city registry” is the list of STR permits issued in a calendar year. The city shall bear responsibility for keeping the registry up to date with current permits.
4. “STR guest(s)” or “guest(s)” means any person or group of persons staying at an STR for no more than twenty-nine consecutive days.
5. “STR owner” or “owner” means the person, or persons, individually, jointly, in common, or a living trust whereby the trustor and trustee are the same person whereby such property is under single or unified control holding fee title which rents a dwelling operated and used as an STR.
6. “Short-term rental” or “STR” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty-nine consecutive days or less.
7. “Transient occupancy tax” or “TOT” means local transient tax as set forth in Chapter 3.12. The tax is paid by the guest when paying for their rental. The collected TOT is then remitted to the city.
C. Short-Term Rental Requirements and Conditions.
1. Compliance with Applicable Laws. The owner must comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of the STR.
2. Short-Term Rental Permit Required. A permit from the city (hereinafter referred to as an “STR permit”) is required for all STRs. No person shall rent, offer to rent, or advertise for rent any STR for a term shorter than twenty-nine consecutive days without a valid STR permit, which may be issued by the city in the manner provided for by this section.
3. Validity Period. An STR permit shall expire on June 30th of each calendar year and may be renewed upon reissuance of a business license and proof of timely payment of transient occupancy tax (TOT) during the time period of operation of the STR. An STR permit is only valid for up to one year, subject to renewal, and does not run with the land. Therefore, the issuance of an STR permit for a period of up to one year does not create a fundamentally vested right. As such, the city reserves the right to deny renewal of an STR permit for any reason, without the applicant having a right to hearing or other due process rights.
4. Change in Ownership. The STR permit shall be invalidated by a change in owner of an STR, except when a spouse or domestic partner is added to the title of the property or the property is converted to a trust, which is principally under the same ownership. If the STR permit is invalidated by a change in ownership, the owner must complete the reapplication process within forty days or the right to the STR permit will be lost.
5. Noise and Disturbances. Guests are subject to the requirements of Chapter 9.24, Noise Regulations.
6. Revocation of STR Permit. An STR permit may be revoked by the city due to the failure to meet the requirements set forth in this code and state law, subject to the discretion of the city.
7. Appeal Process. Revocation of an STR permit may be appealed pursuant to Section 17.58.050. The appeal shall be accompanied by a filing fee, if any, as established by city council resolution.
8. Good Neighbor Brochure. A good neighbor brochure, the contents of which shall be set by resolution of the planning commission, shall be required on the premises of any STR.
9. Occupancy Limitations. The maximum number of guests permitted in an STR is two per bedroom, plus two additional guests per unit (as shown in the following table). No more than twelve guests shall be permitted to stay in an STR.
Number of Bedrooms | Number of Guests Allowed |
|---|---|
0 (studio) | 2 |
1 | 4 |
2 | 6 |
3 | 8 |
4 | 10 |
5+ | 12 |
10. Transient Occupancy Tax. Transient occupancy tax (TOT) shall be collected on all short-term rentals. STR owners are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis. If a hosting platform collects payment for short-term rentals, then it and the STR owner shall both have legal responsibility for the collection and remittance of TOT.
D. Permit Application Procedures. An application for an STR permit shall be filed with the community development department upon forms, the content of which shall be set by resolution of the planning commission and shall, at a minimum, request:
1. The name, address, assessor’s parcel number (APN) for the STR owner’s property, and telephone number of the owner of the STR for which the STR permit is to be issued.
2. A statement of the anticipated daily rental charge for the STR and written acknowledgment of the responsibility to pay TOT associated with the rental of the STR.
3. A valid business license issued by the city for the STR, with the stipulation that the actual business license number must be included in any solicitation for an STR.
4. An STR permit application fee.
E. Hosting Platform Requirements.
1. Hosting platforms together with STR owners shall be responsible for collecting all applicable TOTs and remitting the same to the city. The hosting platform shall be considered an agent of the owner for purposes of TOT collections and remittance responsibilities as set forth in Chapter 3.12.
2. Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each home-sharing and vacation rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
3. Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the city’s registry at the time the hosting platform receives a fee for the booking transaction.
4. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (E)(1), (2), and (3) of this section, shall be presumed to be in compliance with this section, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this code.
5. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the city to be in violation of, or preempted by, any such laws. (Ord. 2019-02 § 1 (Exh. A), 2019)
All uses permitted by this title shall provide minimum parking in accordance with the formulas in this chapter. Parking for housing development projects, as defined in Section 17.04.440.1, shall rely on the Marina ODS in terms of layout and design. (Ord. 2024-03 § 2, 2024; Ord. 2024-02 § 3, 2024; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
Parking requirements for residential use, excluding residential use approved by use permit as pursuant to Section 17.18.030 or 17.20.030, shall be as follows:
A. Single-family dwellings: two spaces , except single-family dwellings in the R-4 district may as an alternative have one space or two tandem spaces;
B. Duplex dwellings: two spaces per dwelling unit;
C. Secondary dwelling units and guest houses in conformance with Section 17.42.040: no additional parking required;
D. Multiple Dwellings.
1. One-bedroom units and efficiencies: one space for each dwelling unit plus one additional space for each five dwelling units or fraction thereof,
2. Two-bedroom units: one and one-half spaces for each dwelling unit, plus one additional space for each five dwelling units or fraction thereof,
3. Three or more bedroom units: two spaces for each dwelling unit, plus one additional space for each five dwelling units or fraction thereof,
4. General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the planning commission,
5. General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the planning commission;
E. Dwellings Approved under Chapter 17.66.
1. One-bedroom units and efficiencies: one space for each dwelling unit plus two additional spaces for each five dwelling units or fraction thereof,
2. Two or more bedroom units: two spaces for each dwelling unit plus two additional spaces for each five dwelling units or fraction thereof,
3. General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the planning commission,
4. General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the planning commission;
F. Rooming and boarding houses: one parking space for each bedroom;
G. Hotel, resort hotel, motel and auto court accommodations: one space for each unit; one space for the manager and one and one-half spaces for any unit in a hotel, resort hotel, motel or auto court containing a kitchen or kitchenette. Separate parking requirements remain applicable to other uses which may be associated with such complexes, such as restaurants, conference centers or public coastal access;
H. Mobile home parks: two parking spaces for each mobile home site plus two additional spaces for each five mobile home sites or fraction thereof, except that where a mobile home park has been and continues to be certified by the United States Department of Housing and Urban Development as a mobile home park providing housing for adults fifty-five years old or older, two parking spaces for each mobile home site, which may be tandem spaces, plus one additional parking space for each six mobile home sites or fraction thereof are required. Further, in mobile home parks with more than fifty mobile home sites, an area or areas shall be provided for the storage of boat trailers and recreational vehicles with a total area of not less than twenty square feet per mobile home site;
I. Recreational vehicle park: one parking space for each six recreational vehicle sites;
J. Transitional housing for homeless persons: parking shall be provided at the rates as required elsewhere in this section except that the planning commission or city council on appeal may grant a use permit or amendment to an existing use permit for a lesser number of parking spaces associated with transitional housing for homeless persons under the federal McKinney Act on the basis of adequate evidence of a lesser parking demand and the application of any appropriate conditions determined necessary to meet the general purposes of the zoning ordinance as listed in Section 17.02.030. Among the conditions applied in each case shall be a requirement that the applicant establish and maintain a program of monitoring parking usage, including submitting periodic reports of such monitoring to the city, and that the planning commission or city council on appeal may, after a noticed public hearing, require modifications to the parking provided on the site if the city finds that such modifications are warranted;
K. If a supportive housing development, as defined in California Health and Safety Code Section 50675.14(b)(2), is located within one-half mile of a public transit stop, there is no minimum parking requirement for units occupied by supportive housing residents;
L. Emergency shelters shall provide either sufficient parking to accommodate all staff working in the emergency shelter, or an amount of parking equal to other residential or commercial uses within the same zone, whichever is less. (Ord. 2025-09 § 2, 2025; Ord. 2024-03 § 2, 2024; Ord. 2020-07 § 2, 2020; Ord. 2005-02 § 1 (Exh. A), 2005; Ord. 2003-09 § 1, 2003; Ord. 99-04 § 1, 1999; Ord. 96-24 § 1, 1996; Ord. 96-7 § 1, 1996; Zoning Ordinance dated 7/94, 1994)
Parking requirements for commercial use and residential use approved by use permit as pursuant to Section 17.18.030 or 17.20.030 shall be as follows:
A. Medical and dental offices: one parking space for each three hundred square feet of gross floor area plus one space for each office unit;
B. Veterinary hospitals and offices: one parking space for each three hundred square feet of gross floor area;
C. Service establishments, banks, offices: one parking space for each three hundred square feet of gross floor area;
D. Restaurants: one parking space for each sixty square feet of dining area;
E. Taverns: one parking space for each four seats;
F. Retail stores: one parking space for each two hundred seventy-five square feet of gross floor area;
G. General commercial (nursery, building materials yard, etc.): one parking space for each three regular employees on the largest shift and not less than one parking space for each two thousand square feet of gross floor area;
H. Take-out food establishment: eight parking spaces plus one space for each one hundred square feet of gross floor area;
I. Loading space: one loading space for each five thousand square feet of store floor area;
J. Furniture and major appliance stores: one parking space per five hundred square feet of gross floor area;
K. Day care centers: one space for every ten children authorized by the state license. For centers with fifteen or more children, one additional space per employee on the largest shift shall be required. Exceptions to this parking requirement may be approved if the community development director determines the exception will not result in potentially unsafe conditions for either pedestrians or motorists;
L. One space per residential unit. (Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2005-02 § 1 (Exh. A), 2005; Zoning Ordinance dated 7/94, 1994)
Recreational facilities parking requirements shall be as follows:
A. Ballparks, stadiums, outdoor recreation centers: one parking space for each eight seats;
B. Bowling alleys: five parking spaces for each alley;
C. Swimming pools: one parking space for each one hundred square feet of pool area;
D. Private community centers: one parking space for each four hundred square feet of area; provided, that a use permit is granted with findings that members of the community center generally live or work in close proximity to the center and are well served by transit and/or a network of walking and bicycling trails to access the center. (Ord. 2020-07 § 2, 2020; Ord. 2006-17 § 1, 2006; Zoning Ordinance dated 7/94, 1994)
Public building parking requirements shall be as follows:
A. Theaters, churches, indoor sports arenas, assembly halls, auditoriums, and similar places of public assemblage: one parking space for each four seats, and not less than one parking space for each two hundred square feet of gross floor area;
B. Libraries, museums, art galleries: one parking space for each three hundred square feet of gross floor area;
C. Hospitals: one parking space per bed plus one parking space for each three employees, and not less than one parking space for each three hundred square feet of gross floor area. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
Industrial, manufacturing and warehousing parking requirements shall be as follows:
A. Industrial, manufacturing, warehousing: one parking space for each three employees on the largest shift, and not less than one parking space for each one thousand square feet of gross floor area;
B. Office space in conjunction with permitted uses: one parking space for each two hundred square feet of floor area;
C. Truck loading and truck parking spaces: one space for each establishment and not less than one parking space for each five thousand square feet of gross floor area to a maximum of four spaces;
D. Other uses shall provide parking as determined by the planning commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
General requirements shall be as follows:
A. Any off-street parking space, whether or not required by the terms of this title for any building or use wherein more than two automobile parking spaces are required, shall be designed so as to provide for maneuvering of the vehicles on the building site in such a way that they may leave the building site to enter any public or private road in a forward direction.
B. Off-street parking spaces shall not be permitted in the required front nor the required side yard and driveways shall not be permitted in the required front yard nor the required side yard abutting a street except as necessary for ingress and egress from the street. However, off-street parking spaces for handicapped persons as required by federal or state law may be located in the required front yard or the required side yard abutting a street.
C. All parking areas and driveway surfaces shall be permanently paved and maintained to the satisfaction of the city engineer.
D. As defined by this title, a required parking space shall be a minimum of nine feet by nineteen feet.
E. Parking Demand Management Program. Parking shall be provided at the rates as required elsewhere in this chapter and parking shall have minimum dimensions as defined by subsection D of this section, except that the planning commission or the city council on appeal may grant a use permit or amendment to an existing use permit, to allow (1) a given parking space or spaces to be counted towards the parking requirements for two or more uses, (2) a lesser number of parking spaces, and (3) minimum dimensions of less than defined in said subsection, subject to the implementation of an ongoing and continuous parking demand management program as described below and determined necessary to meet the general purposes of the zoning ordinance as listed in Section 17.02.030.
1. A given parking space or parking spaces may be counted towards parking requirements for two or more uses in circumstances where a parking demand management program identifies specific parking spaces to be shared by two or more uses having peak parking demands occurring at different times of the day or week. Such shared parking spaces may serve two or more uses on separate lots where any permanent and nonrevocable agreements bind the property owners and operators of the uses to share parking as described in an approved parking demand management program. The parking demand management program shall identify specific parking spaces to be shared, the times of the day and days of the week each parking space will be available for each use to be served, and the proximity and ease of access of shared parking spaces to uses to be served. Any such shared parking space shall be located within three hundred feet of site proposed to be served.
2. A lesser number of parking spaces may be approved in circumstances where a parking demand management program for employment sites with over fifty employees or places of assembly with more than fifty seats in one assembly location defines and implements permanent transportation programs to the employment site or the assembly location, respectively. Said transportation programs shall provide transportation to work or place of assembly by bus, van or car pools, bicycles or other alternative forms of transportation to the private automobile.
3. Lesser parking space dimensions may be approved in circumstances where a parking demand management program for places of assembly with fifty or more seats in one assembly location defines and permanently implements a program of staffed valet parking during all times of assembly.
F. Landscaped planting areas shall be incorporated into the design of all parking areas in accordance with adopted city design guidelines and standards. (Ord. 2020-07 § 2, 2020; Ord. 2003-03 § 1, 2003; Ord. 2001-08 § 1, 2001; Zoning Ordinance dated 7/94, 1994)
A. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. “Fair Housing Laws” means “Fair Housing Amendments Act of 1988” (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.
B. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.
C. A request for reasonable accommodation may include a request for modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter.
D. It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Any person with a disability, or his or her representative, may request reasonable accommodation on a form supplied by the community development department. The request shall include the following information, and be accompanied by a fee established by resolution of the city council:
1. The applicant’s or representative’s name, mailing address and daytime phone number.
2. The address of the property for which the request is being made.
3. The specific code section, regulation, procedure or policy of the city from which relief is sought.
4. A site plan or illustrative drawing showing the proposed accommodation.
5. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property.
6. The basis for the claim that Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim. Evidence may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other relevant evidence.
7. A detailed explanation as to why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city.
8. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested.
9. Other information required by the city to make the findings required by Section 17.45.040 consistent with the Fair Housing Laws.
B. A request for reasonable accommodation may be filed at any time the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval, the applicant shall provide required submittal information to the city together with the application for discretionary approval and shall pay all applicable fees. These materials shall enable the city to concurrently review the accommodation request and the discretionary approval request. Processing procedures for the discretionary approval request shall govern joint processing of both the reasonable accommodation and the discretionary permit.
C. Reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue or related to the requested accommodation.
D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure the process is accessible.
E. Should the request for reasonable accommodation be made concurrently with a discretionary permit, the fee for a reasonable accommodation application may be waived; provided, that the prescribed fee shall be paid for all other discretionary permits. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Applications for reasonable accommodation shall be reviewed by the community development director (director) when no approval is sought other than the request for reasonable accommodation.
B. Applications for reasonable accommodation submitted for concurrent review with any discretionary land use application shall be reviewed by the authority governing the discretionary land use application. (Ord. 2022-03 § 3 (Exh. A), 2022)
The review authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:
A. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws.
B. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws.
C. The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the Fair Housing Laws and interpretive case law.
D. The requested accommodation will not require fundamental alteration or frustrate application of the city’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The city may consider whether granting the accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan and shall apply objective standards to the review of a request for reasonable accommodation as needed. (Ord. 2024-06 § 2, 2024; Ord. 2023-07 § 3, 2023; Ord. 2022-03 § 3 (Exh. A), 2022)
A. The review authority shall consider the application, and issue a written determination within forty calendar days of the date of receipt of a completed application. At least ten calendar days before issuing a written determination on the application, the city shall mail notice to the applicant and adjacent property owners that the city is considering the application and invite written comments as to the requested accommodation.
B. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant or others consistent with this chapter, specifying in detail what information is required. If a request for further information is made of the applicant, the time period to issue a written determination shall be stayed until the applicant responds to the request.
C. The review authority’s written decision shall include findings and conditions of approval. The applicant shall be given notice of the right to appeal, and the right to request reasonable accommodation related to the appeal process. The review authority’s decision shall be mailed to the applicant, to any person who provided written or verbal comment on the application, and to any other person who requests notice.
D. Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this section.
E. The review authority may approve alternative accommodations that provide equivalent and reasonable levels of benefit to the applicant.
F. The written decision of the reviewing authority shall be final, unless appealed as set forth below.
G. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.
H. Where improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Any decision on a reasonable accommodation request may be appealed to the city council, which appeal must be received by the city within ten calendar days of the issuance of a written decision.
B. The appeal shall be in writing and shall include a statement of the grounds for appeal, and be accompanied by a fee established by resolution of the city council. If an individual needs assistance in filing an appeal, the city shall provide assistance to ensure the appeals process is accessible.
C. The city council shall hear the matter de novo, and shall render a determination as soon as reasonably practicable, but in no event later than sixty calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
D. The city shall provide notice of an appeal hearing to the applicant, adjacent property owners, and any other person requesting notification at least ten calendar days prior to the hearing. The council shall announce its findings within forty calendar days of the hearing, unless good cause exists for an extension. The decision shall be mailed to the applicant and to any other person who requests notice at the time of the hearing. The council’s action shall be final. (Ord. 2022-03 § 3 (Exh. A), 2022)
Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, an applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending appeal. The city may, in its sole discretion, grant or deny any such request for extension or continuance. The granting of an extension of time or continuance shall not be deemed delay on the part of the city, shall not constitute failure by the city to provide prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter. (Ord. 2022-03 § 3 (Exh. A), 2022)
The city shall prominently display in the public areas of the community development department at City Hall a notice advising those with disabilities or their representatives that reasonable accommodations are available in accord with this chapter. City employees shall direct individuals to the display whenever requested to do so or if they reasonably believe individuals with disabilities or their representatives may be entitled to reasonable accommodation. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty-four months from the effective date of approval or at an alternative time specified as a condition of approval unless:
1. A building permit has been issued and construction has commenced;
2. A certificate of occupancy has been issued;
3. The use is established; or
4. A time extension has been granted.
B. The director may approve a time extension for reasonable accommodation for good cause for a period or periods not to exceed three years. Application for a time extension shall be made in writing to the community development department no less than thirty days or more than ninety days prior to the expiration date.
C. Notice of the director’s decision on a time extension shall be mailed to the applicant.
D. Any reasonable accommodation approved in accordance with the terms of this chapter may be revoked if any condition or term of the reasonable accommodation is violated, or if any law or ordinance is violated in connection therewith. Notice of revocation shall be mailed to the applicant and to the owner of any property affected by the accommodation. Upon revocation, the director may require any physical alteration associated with the reasonable accommodation to be removed or substantially conform to the code, as may be reasonably feasible.
E. An accommodation is granted only to an individual. The accommodation shall not run with the land unless the director expressly finds the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the grant of approval may render the reasonable accommodation null and void and/or revocable by the city. Thereafter the director may require the reasonable accommodation to be removed or substantially conformed to the code if reasonably feasible. (Ord. 2022-03 § 3 (Exh. A), 2022)
A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that affects a condition of approval, shall be treated as a new application and shall be processed in accordance with the requirements of this chapter. The director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 2022-03 § 3 (Exh. A), 2022)
A. It is the purpose and intent of this chapter to provide the city with a viable and practical set of sign regulations that will promote the orderly growth of the community; facilitate the continual upgrading of the community; and preserve the natural beauty of Marina while simultaneously protecting the rights of property and business owners to display signs and the right of individuals to live in, work in, and visit a city that is free from the visual blight that would result from under- or nonregulation of signs.
B. These sign regulations, pursuant to the provisions of the general plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.
C. In addition to the standards specified above, it is hereby set forth that a primary goal of these regulations shall be to ensure that signs and sign structures are considered in light of the architectural and landscape design of the buildings and properties along with individual setting or location of the buildings and properties. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
No sign shall be placed, displayed, painted, posted, printed, tacked, fastened, erected, relocated, constructed or otherwise except as provided in this chapter. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
It shall be the sole responsibility of the person making application to place, construct, erect, alter, relocate, tack, fasten, paint, post or display any sign in the city to obtain the necessary authorization from the owner or lessee of the property. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
As used in this chapter:
“Appeal authority” means the body tasked with hearing appeals to decisions of the review authority or community development director or designee. The site and architectural design review board hears appeals for decisions of the community development director or designee, the planning commission hears appeals for decisions of the site and architectural design review board, and the city council hears appeals for decisions of the planning commission.
“Awning” means a roof-like cover, usually of canvas, extending over or before a place.
“Compliant sign” means a sign that complies with the provisions of this chapter and requires an administrative sign permit issued by the community development director or designee.
“Exempt sign” means a sign that does not require a sign permit.
“Height,” when used in reference to a monument sign, means the vertical distance from the average of the lowest and highest points at the finished grade at the base of sign to the topmost point of the sign.
“Noncompliant sign” means a sign that does not comply with the provisions of this chapter and requires a sign permit issued by the review authority.
“Official signs and notices” means signs and notices placed by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and placed by state or local government agencies or nonprofit historical societies shall be considered as official signs.
“Primary business frontage” or “PBF” means that frontage of a building containing the primary or most important entrance to the occupancy thereon. In such cases where there are multiple entrances, the community development director or designee shall determine which frontage is the primary frontage. In no case shall more than one primary business frontage be permitted.
“Public directional signs” means signs containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly owned natural phenomena, historic, cultural, scientific and educational sites; and publicly owned or operated areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.
“Public utility signs” means warning signs, informational signs, notices or markers which are customarily placed by public or private utilities, as essential to their operations.
“Real estate signs” means signs used to advertise the sale, rental, lease, subdivision, or construction of property.
“Review authority” means the body tasked with reviewing and approving noncompliant sign permit applications and may include the site and architectural design review board or planning commission.
“Secondary business frontage” or “SBF” means that frontage of a building containing any entrance other than a primary business frontage. In no case shall more than two secondary business frontages be permitted.
“Service station” means a business which is primarily in the business of providing service to vehicles such as gasoline, oil, tire, mechanical assistance, parts, etc.
“Shopping center” means commercial and retail buildings and associated facilities which have been designed and developed as an integrated unit containing more than four separately owned and operated businesses which function as an integral unit and which utilize common off-street parking.
“Sign” means any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any person, partnership, corporation or unincorporated association, or any place, subject, public performance, article, machine or merchandise, whatsoever, and painted, printed, constructed, erected or displayed in any manner whatsoever.
“Sign area” means that area enclosed by a square, rectangle, triangle or other shape which connects the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper. The area of a sign composed of characters, words or individual letters attached directly to a surface shall be the smallest shape that encloses the whole group. Sign area shall include only one face of any double-faced sign and shall include all faces of any multi-faced sign containing more than two faces. For the purpose of this definition, the faces of a double-faced sign shall be parallel.
“Sign area allotment” means the maximum area of signs that may be displayed on any site, premises, business, building, parcel, lot or otherwise not including signs specifically exempted in this chapter.
“Temporary sign” means a sign posted not more than sixty days prior to an event to which it pertains.
“Uniform Building Code” or “UBC,” “Uniform Electrical Code” or “UEC,” “Uniform Mechanical Code” or “UMC” means those codes which are currently in full force and effect as adopted by the city council, including any amendments or additions thereto adopted from time to time by the city council. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 95-10 § 1, 1995; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.150)
A. A sign permit is required unless the sign is exempt as provided in Section 17.46.080.
1. A hearing shall be required for all noncompliant signs. A fee shall be collected by the community development director or designee prior to consideration of any sign by the review authority. The fee shall be established from time to time by resolution of the city council.
2. All signs compliant with the provisions of this chapter shall be subject to review and approval by the community development director or designee.
B. In order to facilitate the review and approval process, any person seeking to obtain a sign permit shall submit accurate plans, drawings, color boards, examples of materials, or any such other information specified by the community development director or designee. Written appeals shall be filed with the community development director or designee no later than ten days after the decision of the review authority or community development director or designee.
C. During the course of review and approval, the review authority or appeal authority may approve, disapprove, conditionally approve or modify the plans as submitted in order to ensure compliance with the spirit and intent of this chapter. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
A. In order to ensure that the building department is provided with an opportunity to review the placement, construction, erection, relocation or alteration of any and all signs in the city, it is required, unless otherwise specified herein, that a building permit shall be obtained from the building department prior to the placement, construction, erection, relocation, alteration or otherwise of the sign.
B. Any person seeking to obtain a building permit shall provide the building department with any and all necessary plans, drawings or other materials or information required by the building department along with written evidence that a sign permit has been obtained. Following a review of the materials submitted, the building department may issue the building permit pursuant to the provisions of the UBC. A fee shall be collected by the building department prior to the issuance of any building permit. The fee for a building permit shall be as specified by department procedure. (Ord. 2023-05 § 3 (Exh. A), 2023)
The following signs shall be prohibited in the city. Definitions and descriptions of these signs are included in this section. Additional definitions pertaining to this chapter are contained in Section 17.46.040.
A. Portable Signs. Signs such as A-board or other such signs capable of standing without support or attachment to a structure or the ground.
B. Animated Signs. Signs that involve animation, rotation, flashing, projections, scintillation, or any type of movement, not including barber pole signs or time, date and temperature signs.
C. Billboard Signs. Off-site advertising signs that are designed to direct attention to a business, commodity, service or entertainment, sold or offered elsewhere than on the premises or property on which the sign is located.
D. Roof Signs. Signs that are attached to, supported by, mounted on or project above a roof or other architectural feature including, but not limited to, mansards, parapets and the like.
E. Projecting Signs. Signs that are suspended from or that are supported by a wall, building or structure and project more than three feet outward therefrom or signs that project into the public right-of-way. No provision contained herein shall be construed to prohibit the display or construction of freestanding signs. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.160)
The following signs are exempt from a sign permit:
A. Official signs and notices, public utility signs, and public directional signs, including time and temperature devices and signs indicating the location or direction of a place or area on the premises upon which the sign is located;
B. Professional nameplates not exceeding three square feet in area;
C. Temporary yard signs, subject to the provisions of Section 17.46.200;
D. Emergency, public service or other temporary nonadvertising signs;
E. Memorial signs on tablets, names and dates of buildings when cut into any masonry surface or when flush mounted and constructed of bronze or other noncombustible materials;
F. Accessory signs of a secondary nature, e.g., savings stamp signs or credit card signs not exceeding one square foot;
G. Banners not exceeding thirty square feet when used for advertising the opening of a new business and/or the hiring of employees. Such signs shall be removed after thirty days;
H. Temporary window signs that are painted, placed, taped, displayed, or otherwise suspended within three feet of any window that are visible from outside the place of business and that are designed to be displayed for more than thirty days. Such signs are permitted to cover no more than ten percent of the area of the window; and
I. Real Estate Signs.
1. Sale, Rental, or Lease Signs. Any property being advertised for sale, rent, or lease may have one such sign on the property not exceeding twelve square feet in area.
2. Subdivision Signs. The land being subdivided may have no more than two signs posted upon it advertising the subdivision. Each sign shall not exceed thirty-two square feet in area.
3. Under Construction Signs. These signs shall not exceed twenty square feet in area. No more than one such sign shall be permitted and shall be removed prior to the issuance of the final occupancy permit.
4. Portable, Temporary Signs Displayed on Private Property. In advertising a property for sale, rental, or lease, a portable sign, not exceeding six square feet in area, may be placed off the site on private property for the purpose of advertising that the subject property is open for inspection. One additional such sign may be displayed on the premises that are open for inspection. Such signs shall only be displayed when the premises are open for inspection.
5. Model Home Signs. Signs identifying model homes may be displayed on the property upon which the model homes are located. Such signs shall be located adjacent to the entrance of the model home. Such signs shall not exceed eight square feet in area nor three feet in height. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 95-10 § 1, 1995; Zoning Ordinance dated 7/94, 1994)
A. Any permanent sign lawfully existing prior to the adoption of this chapter and not conforming to the provisions contained in this chapter is declared to be a lawfully nonconforming sign and may remain as such.
B. No such nonconforming sign shall in any way be altered, relocated, replaced or reworded unless the sign can be made to conform to all provisions of this chapter. Nothing in this section shall be construed to prohibit the normal maintenance and repair of lawfully nonconforming signs. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
A. Signs Requiring a Sign Permit and Review. The following signs require a sign permit. Definitions of allowed signs are included in this section. Additional definitions pertaining to this chapter are contained in Section 17.46.040.
1. Monument Signs. Freestanding signs of a permanent nature not attached to any portion of a building and not projecting over or through a roof, eaves of a building or any public right-of-way. Such signs may be placed within required yard or setback areas.
2. Awning Signs. A sign attached to the face of or supported by an awning. Such signs must be parallel to the face to which attached and must not hang lower or project above the face to which attached.
3. Marquee or Canopy Signs. A sign attached to or supported by a marquee or canopy. Such signs must be parallel to the face to which they are attached and may not be made of cloth, canvas or other material of a similar nature nor shall such signs hang lower or project above the face to which attached.
4. Nameplates. Professional nameplates and occupation signs exceeding three square feet in area.
5. Neighborhood Signs. Signs identifying a neighborhood or development, not exceeding fifty square feet in area.
6. Readerboard Signs. A sign with detachable or interchangeable letters.
7. Under Canopy Signs. A sign attached to the underside of a canopy. The canopy must be of a permanent nature attached to and supported by a building. Such signs that do not exceed four square feet will not be included in the maximum sign area allotment. Any such sign exceeding four square feet shall be included in the maximum sign area allotment. Such signs shall have a minimum clearance of seven feet six inches above the sidewalk.
8. Wall Signs. A sign of either solid face construction or individual letters placed against the exterior wall of any building or structure. Such signs shall not extend more than one foot beyond the wall. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.170)
The regulations contained in this chapter shall be enforced as are other zoning, building and safety regulations as set forth in this code. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.060)
Notwithstanding the procedures for enforcement set forth in this code, the city is authorized to proceed in any other fashion, way or procedure permitted by law. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.070)
A. No person shall maintain or permit to be maintained on any premises owned or controlled by said person any sign which has been abandoned. Any such sign shall be promptly abated. Any sign which is located on property which becomes vacant for a period of six months or more and any sign which was erected for an occupant or business unrelated to the present occupant or their business and any sign which pertains to a time, event or purpose which no longer obtains shall be presumed to have been abandoned.
B. Unless some other form of abatement is approved by the community development director or designee in writing, abatement of abandoned signs shall be accomplished in the following manner:
1. Signs painted on buildings, walls, fences or structures shall be abated by removal of the paint constituting the sign or by painting over the sign in such a way that the sign shall not thereafter become visible.
2. Other types of signs may be abated by removal of the sign including its dependent structures and supports, unless the sign conforms to the provisions contained in this chapter, in which case all faces of the sign shall be screened from view in a manner satisfactory to the community development director or designee. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.120)
A. Signs on Private Property Presenting Health or Safety Hazards. No sign may be placed upon any privately owned property in a manner that creates a public health or safety hazard. Any sign placed on, above or adjacent to any street, sidewalk or right-of-way that creates a health or safety hazard through obstructing vision or use of such street, sidewalk or right-of-way may be summarily removed by the public safety, public works or community development directors or their respective designees. Any sign so removed shall be returned to the owner upon payment of the costs of removal and storage. Any sign placed on or about private property that creates a health or safety hazard, including obstructing vision in the public right-of-way, may be removed by the public safety, public works or community development directors or their respective designees to a position on the private property where it does not create a health or safety hazard.
B. Signs on Public Property. No sign may be placed in or upon any public right-of-way, the exterior of any public building, any public grounds or property thereon, any public utility pole or appurtenance thereof, wherever located, or any tree on public property. Any such sign may be summarily removed and impounded by the public safety, public works or community development directors or their respective designees.
C. Impounded Signs. Any sign impounded under the provisions of subsection A or B of this section shall be stored for a period of not less than thirty days at which time the signs may be salvaged, sold or destroyed in order to defray the costs of removal and storage. The person responsible for the placement of such sign shall be liable for the cost incurred in the removal and storage of the sign and the departments of public safety and public works are authorized to effect the collection of said cost.
D. Noticing Sign Owners. If the person who owns a sign that has been removed pursuant to this section can be identified, the city official who has removed said sign shall notify that person of the reasons the sign has been removed, the location of the sign and the procedures for the return of the sign. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 95-10 § 1, 1995; Zoning Ordinance dated 7/94, 1994)
A. Maintenance and Construction. The appropriate sections of UBC, UEC, or any amendment thereto adopted by the city shall apply to the construction, placement or display of signs in the city. All signs having internal or built-in illumination shall be constructed wholly of noncombustible materials or other such fire resistive materials as approved by the building department. Guy wires or exposed strut-like sign structures shall not be utilized. Signs and sign structures shall at all times be maintained in a state of good repair including all braces, bolts, structural parts, supporting frames and fastenings.
B. Safety. In addition to all other maintenance and construction provisions contained in this chapter, all signs within the city shall comply with the following provisions:
1. Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated, altered, maintained or otherwise so as to prevent ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe, gutter, drain or fire escape, except signs referring specifically to the standpipe, gutter, drain or fire escape to which it is attached.
2. Signs Not to Obstruct Traffic Signals. No sign regulated by this chapter shall be erected at any location where, by reason of its position, it will obstruct or confuse the view of any authorized traffic sign, signal or device.
3. Exterior of Signs. On all signs which are erected within five feet of a public street or sidewalk, no nails, tacks or wires shall be permitted to protrude therefrom. All structural trim maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
C. Signs in the Coastal Zone. Notwithstanding any provision contained herein, all signs to be erected, constructed, placed, tacked, fastened, displayed, painted, posted, printed or otherwise in the Coastal Zone shall comply first and foremost with the provisions of the local coastal program (LCP) along with the spirit and intent of this chapter. In the case of any conflicts between the documents, the provisions of the LCP shall prevail. It is anticipated that signs and signing programs will be considered as a part of the coastal permit process. (Ord. 2023-05 § 3 (Exh. A), 2023)
All illuminated signs in the city shall comply with the following standards:
A. The use of high intensity, unshielded or undiffused lights shall not be permitted.
B. Lights or illumination shall be shielded, oriented or diffused so as to eliminate undue glare onto adjacent properties and not conflict with safe traffic movement.
C. The community development director or designee shall retain the right to require reduction in the intensity of illumination after the installation of any illuminated sign if said illumination creates any undue glare or hazard.
D. To help eliminate the potential for glare associated with internally illuminated or backlit signs, the background of such signs shall be opaque. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.130)
C-1, C-2, P-C and M Districts.
Sign Table A
Allowed Signs in Commercial and Industrial Districts
Sign Regulations in Commercial and Industrial Districts (C-1, C-2, P-C, M) | ||||
|---|---|---|---|---|
Sign area | 1-1/2 sq. ft. for every foot of PBF* (max. 200 sq. ft.) 1/2 sq. ft. for every foot of each SBF** (max. 25 sq. ft. per SBF) | |||
Number of signs | 4 per business (max.) | |||
Monument sign height (in feet; max.) | 7 | |||
Shopping Center/Industrial Park Monument Identification Signs | ||||
Site | Commercial: Less than 5 acres | Commercial: 5 to 25 acres | Commercial: More than 25 acres | Industrial: More than 4 buildings |
Height (in feet; max.) | 10 | 15 | 50 | 10 |
Sign area (sq. ft.; max.) | 100 | 100 | 250 | 200 |
Number of signs (max.) | 1 per principal street frontage (max. 2) | 1 per principal street frontage (max. 2) | 2 | 1 per principal entrance |
*Primary business frontage
**Secondary business frontage
A. Sign Area. One and one-half square feet are permitted for every foot of primary business frontage to a maximum of two hundred square feet per business. One-half square foot is permitted for every foot of secondary business frontage to a maximum of twenty-five square feet for each secondary business frontage.
B. Number of Signs. No more than four signs may be permitted per business. Under canopy signs are not counted for the purposes of this section.
C. Type of Sign. Any sign specified under Section 17.46.100 may be displayed in accordance with the provisions of this chapter. Monument signs not associated with a shopping center or industrial park shall be limited to a maximum height of seven feet.
D. Service Stations. In addition to the signing permitted under Section 17.46.100, service stations may be permitted to display two additional signs each of which shall not exceed sixteen square feet. Such signs shall be permanently affixed to the ground or a structure.
E. Master Signing Program Approval Required.
1. Any and all commercial, office or industrial developments designed to contain more than four occupancies, businesses or buildings are required to obtain approval of a master signing program from the review authority. Said master signing program plans must be prepared, reviewed and approved by the review authority prior to the issuance of any occupancy permit in the development. Plans for the master signing program shall include specifications, descriptions and locations of all signs to be displayed on the site including but not limited to advertising, identification, directional and public service signs. Any decision of the review authority on a master signing program may be appealed to the appeal authority. Appeals shall be in writing and shall be filed with the community development director or designee within ten days of the decision.
2. Approved master signing programs may be modified from time to time by the review authority.
3. Individual tenant sign changes that comply with an approved master signing program shall be subject to review of the community development director or designee.
4. The following provisions apply to monument identification signs in shopping centers and industrial parks:
a. Shopping centers may be permitted to erect a monument identification sign which may also indicate the principal tenant and other services available on the site. Said sign shall be located adjacent to the principal street frontage and shall not exceed one hundred square feet in area. If the shopping center has more than one principal street frontage, two such signs may be permitted. Freestanding signs allowed for the identification of shopping centers or industrial or business parks of less than five acres shall not exceed a height of ten feet and for sites of less than twenty-five acres shall not exceed a height of fifteen feet.
b. Shopping centers containing more than twenty-five acres approved under a single development permit shall be permitted to erect two monument identification signs which may also indicate the principal tenants. Such signs shall not exceed two hundred fifty square feet in area nor fifty feet in height.
c. Industrial parks containing more than four buildings designed to be architecturally compatible, whether or not on the same parcel of land, shall be permitted to place monument signs along, at, or adjacent to principal entrances to the park. Such signs shall not exceed two hundred square feet or ten feet in height.
F. Highway Signs. Commercially zoned properties having frontage on Highway 1 are declared to be sites of special significance and all signs and signing programs shall be approved by the planning commission. In considering a sign or signing program for a site of special significance, the following items shall be considered: the signing needs of the proposed use; the location of the site in relation to the freeway access; and the responsibility of the city to protect and preserve the natural beauty of Highway 1 while balancing the city’s need for a healthy highway-oriented visitor-serving industry. Any decision of the planning commission concerning a site of special significance may be appealed to the city council, in writing, within ten days of the decision of the planning commission. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.180)
R-1, R-2, R-3, R-4 and S-T Districts.
Sign Table B
Allowed Signs in Residential Districts
Sign Regulations in Residential Districts (R-1, R-2, R-3, R-4, S-T) for Sites With More Than Four Dwelling Units | |
|---|---|
Sign area (max.) | 30 sq. ft. |
Number of signs (max.) | 2 |
For sites with four or fewer dwelling units, only one nameplate not exceeding three square feet is permitted. Home occupations are prohibited to identify or advertise businesses within residential zones per Section 17.42.110 . | |
A. Single-Family Dwellings, Duplexes, Triplexes, and Fourplexes. One nameplate not exceeding three square feet per dwelling.
B. Multiple-Family Dwellings Containing More Than Four Dwelling Units, Public, Quasi-Public, Halls, Organizations, Churches, Clubs, Lodges, and All Similar Uses. Maximum of two signs, each containing a maximum of thirty square feet.
C. All signs not permitted by subsections A and B of this section are prohibited in residential districts. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.190)
All signs, other than exempt signs, which are regulated in Section 17.46.080, shall require approval by the review authority. Any decision of the review authority may be appealed to the appeal authority. Appeals shall be in writing and shall be filed with the community development director or designee within ten days of the decision. No sign shall be approved unless and until a finding is made that the proposed sign is consistent with the purpose, spirit and intent of this chapter. (Ord. 2023-05 § 3 (Exh. A), 2023)
A. General Provisions. The following provisions apply to all temporary signs. Temporary signs do not require a sign permit:
1. No such sign shall be located upon any public street, alley, sidewalk, right-of-way, easement, or other governmental property.
2. All such signs shall be erected, altered and maintained in accordance with the UBC and the safety provisions set forth in Section 17.46.150.
3. All such signs must be stationary and unlighted.
4. Any freestanding sign shall be located at least five feet from any right-of-way line and may not encroach upon required parking or driveways.
5. The posting of any sign regulated by this section shall not in any way affect a property owner’s right to erect signs permitted by other provisions of this chapter.
6. Time Limitations. Signs regulated by this section may be posted not more than sixty days prior to an event to which they pertain. All such signs must be removed within five days after the event to which they pertain or within sixty-five days of their initial posting, whichever occurs first.
7. Consent of Owner or Occupant. No sign regulated by this section may be posted without the consent of the owner or legal occupant of the premises on which the sign is posted.
8. Area of Signs. No sign regulated by this section shall exceed thirty-two square feet of sign area, except that in the R-1 district the total sign area shall not exceed eight square feet.
9. Signs in the R-1 District. The total area of all signs regulated by this section on any one property in the R-1, single-family residential district shall not exceed eight square feet. However, in this district, the number of such signs on any one property is not limited, provided the total area of all signs does not exceed eight square feet. All signs shall be freestanding, or attached to buildings, fences or windows of buildings.
10. Signs in All Districts Other Than the R-1 District. In all zoning districts except the R-1 district, signs regulated by this section shall be freestanding or attached to buildings, fences or windows of buildings. Any freestanding sign shall be placed only upon those vacant portions of a property which are not covered by structures, landscaping, parking areas or driveways. The total area of all signs on any one property which includes at least four thousand square feet of such vacant area shall be limited to not more than one square foot of sign area for each one hundred twenty-five square feet of such vacant area. For properties which include less than four thousand square feet of vacant area, each such property shall still be allowed up to thirty-two square feet of total sign area with no limitation upon the number of signs composing the thirty-two square feet.
11. Responsibility for Removal. It shall be the property owner’s responsibility to remove all signs regulated by this section within the time limitations specified above, whether or not the owner has consented to the posting or construction of such signs.
B. Greater Sign Area and Time Limitations Allowable Pursuant to Use Permit and Design Review Board Approval. A sign area greater than otherwise allowed by this section may be allowed subject to sign permit approval by the review authority. Sign permits for temporary signs regulated by this section shall be granted for a period of not more than six months. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Ord. 98-06 § 1, 1998. Formerly 17.46.220)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion is a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. (Ord. 2023-05 § 3 (Exh. A), 2023; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994. Formerly 17.46.290)