“Adjusted for household size appropriate for the unit” means a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, five persons in the case of a four-bedroom unit and six persons in a five-bedroom unit.

A. “Low-barrier navigation center” (LBNC) is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

A. Certain uses of real property, variously described as adult bookstores, adult motion picture facilities, figure model studios, adult cabarets, adult motels and massage parlors, have serious objectionable characteristics which, if such uses were allowed to become concentrated in certain areas of the city, may have adverse effects upon the character of such areas and adjacent neighborhoods.

A. This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.

B. The city council finds and declares that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

A. The site is no closer than six hundred feet to any child day care center (as defined by Section 17.04.211), school serving students in grades K-12, public recreation center or public park. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure (or portion of building or structure) occupied or to be occupied by the commercial cannabis business to the nearest property line of those uses described in this subsection.

B. The use, as conditioned, will not generate offensive noise or odors. (Ord. 2020-08 § 4, 2020)

A. The site is no closer than one thousand feet to any other retail commercial cannabis land use. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure (or portion of building or structure) occupied or to be occupied by each commercial cannabis business.

B. If the use, as conditioned, allows a delivery component, adequate off-street loading areas are provided for all loading and standing of delivery vehicles. (Ord. 2020-08 § 4, 2020)

A. No graphics depicting cannabis or cannabis products shall be painted, attached, or otherwise affixed to the exterior of any building and no such graphic shall be included on any exterior sign.

B. No graphics depicting cannabis or cannabis products shall be displayed in a manner than is visible from outside of the property, or is visible from any location, such as a common parking area or walkway, that is shared by multiple businesses.

C. No cannabis or cannabis products shall be displayed or handled in a manner that is visible from outside of the property, or is visible from any location, such as a common parking area or walkway, that is shared by multiple businesses.

D. In addition to all other applicable restrictions in this code, any signs that are visible from outside of the property, or are visible from any location, such as a common parking area or walkway, that is shared by multiple businesses, shall be limited to the name and/or address of the business, and shall contain no other information or graphics aside from information or graphics that are required to be posted in a manner that is visible from outside the business by applicable law. (Ord. 2020-08 § 4, 2020)

A. For a use permit that includes one or more types of commercial cannabis activities to which Section 5.80.190 applies, unless the use that is proposed to be operated by a person who is either (1) the holder of an unexpired cannabis business permit preapplication that has been selected pursuant to Section 5.80.190(I) for each such activity or (2) the holder of an existing cannabis business permit for each such activity who has made a commitment to cease operations at their existing site pursuant to Section 5.80.170. Each such person may have only one active use permit application for each qualifying cannabis business permit preapplication or qualifying cannabis business permit.

B. While such prohibition is in effect, for a use permit that includes any commercial cannabis activity for which the city is prohibited from issuing a commercial cannabis permit by Section 5.80.090(H). (Ord. 2020-08 § 4, 2020)

A. Notwithstanding the provisions of Chapter 17.64 and Section 17.47.010, a site shall be treated for all purposes of this chapter as if no part of the site were within six hundred feet of any public park when both of the following are true: (1) a use permit has been properly issued for a retail commercial cannabis use on the site and (2) as a result of the adoption of this chapter (and but for the existence of this section), the commercial cannabis use would be a legal nonconforming use because a building on the site is within six hundred feet of a public park.

B. The intent of this section is to both (1) permit a retail commercial cannabis use that is allowed under a conditional use permit that was issued for that use prior to the adoption of this chapter to expand, or add additional commercial cannabis uses on its site as if the site were not located within six hundred feet of a public park and (2) not classify any such use as a nonconforming use solely because of the proximity to a public park of an existing or new structure on that site. (Ord. 2020-08 § 4, 2020)

“Adjusted for household size appropriate for the unit” means a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, five persons in the case of a four-bedroom unit and six persons in a five-bedroom unit.

“Affordable housing agreement” means a legally binding, written agreement between the city and a developer, in form and substance satisfactory to the city attorney and approval body, ensuring the compliance with the requirements of this chapter, whether through the provision of inclusionary units, density bonus target units, or through an alternative method.

“Affordable housing plan” means the plan referenced in Section 17.48.070, which sets forth the manner in which the requirements of this chapter will be implemented for a particular residential development.

“Approval body” means the person, board, commission, or council given the final authority to review and approve or disapprove a development or building permit application.

“Childcare facility” means a child day care facility other than a family day care home, including, but not limited to, infant center, preschool, extended day care facility, and school-age child care center.

“Common interest development” means any of the following as defined in Section 1351 of the California Civil Code:

“Density bonus” means a density increase over the otherwise maximum allowable residential density as specified by this chapter.

“Density bonus target units” means, in exchange for a density bonus, the housing units within a residential development that are required to be reserved for sale or rent to, and made available at affordable housing costs to very low, low, or moderate income households, or is a unit in a senior housing development.

“Density bonus units” means the residential units granted pursuant to the provisions of this chapter, which exceed the maximum residential density for the development site.

“Developer” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks city approvals for all or part of a residential development. The term “developer” also means the owner for any such property for which such approvals are sought.

“Director” means the community development director of the city of Marina or his/her designee.

“Discretionary approval” means any entitlement or approval pursuant to this chapter and the subdivision ordinance, including but not limited to general plan amendments, zoning ordinance amendments, specific plans, use permit, variance, design review, and subdivision map and other legislative approvals.

“Inclusionary units” means housing units developed pursuant to an affordable housing agreement that will be offered for rent or sale to very low, low, moderate, and middle income households, at an affordable housing cost, pursuant to this chapter.

“Low income households” means households whose income does not exceed the lower income limits applicable to Monterey County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

“Low income units” means housing units restricted to occupancy by low income households at affordable housing cost.

“Lower income households” means the inclusion of both low income and very low income households.

“Market-rate units” means housing units where the rental rates or sales prices are not restricted either by this chapter or by requirements imposed through other local, state, or federal affordable housing programs.

“Maximum residential density” means the maximum number of residential units permitted by the Marina general plan, applicable to the subject property at the time an application for the construction of a residential development or redevelopment is deemed complete by the city, excluding the density bonus units permitted by this chapter.

“Median income” means the median family income of the county of Monterey, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Median income limits, as adjusted for household size, are revised annually and published by the State Department of Housing and Community Development.

“Middle income households” means households whose gross household income is between one hundred twenty-one and one hundred fifty percent of the median income for Monterey County, adjusted for household size. Housing affordable to middle income households created as a result of provisions in this chapter is intended to address the workforce housing needs in Marina.

“Middle income units” means housing units restricted to occupancy by middle income households at affordable housing cost.

“Moderate income households” means households whose income does not exceed the moderate income limits applicable to Monterey County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

“Moderate income units” means housing units restricted to occupancy by moderate income households at affordable housing cost.

“Monterey County area median income” means the annual median income for Monterey County, adjusted for household size, as published in the California Code of Regulations Title 25, Section 6932, or its successor provision.

“Redevelopment agency” means the redevelopment agency of the city of Marina.

“Regulatory agreement” means one or more legally binding written agreements to ensure continued affordability of the unit to a very low, low, moderate or middle income household, in form and substance satisfactory to the city attorney and approval body, executed and recorded against the residential development at the time of the final map recordation pursuant to the terms of this chapter and may include a deed restriction, resale restriction or regulatory agreement.

“Residential development” means one or more groups of projects for residential units constructed in the city. Residential development also includes a subdivision or common interest development approved by the city and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily project, where the result of the rehabilitation would be a net increase in available units. For purposes of this chapter, residential development shall not include a residential care facility as that term is defined in the zoning ordinance.

“Senior housing” means a residential development that has been “designed to meet the physical and social needs of senior citizens,” and which otherwise qualifies as “housing for older persons,” as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code Section 51.3 and the California Fair Employment and Housing Act.

“Substantial rehabilitation” or “substantially rehabilitated” means the rehabilitation of a dwelling unit that has substantial building and other code violations, such that the unit is returned to the city’s housing supply as decent and safe housing, and the cost of such work exceeds twenty-five percent of the after-rehabilitation value or thirty thousand dollars, whichever is less.

“Total housing costs” means the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and reasonable utilities and all mandatory fees charged for use of the property. For an ownership unit, total housing costs include the mortgage payment (principal and interest), utilities, homeowner’s association dues, homeowner’s insurance, property taxes and assessments, maintenance costs, mortgage insurance and any other related assessments.

“Very low income households” means households whose income does not exceed the very low income limits applicable to Monterey County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

“Very low income units” means housing units restricted to occupancy by very low income households at affordable housing cost. (Ord. 2020-07 § 2, 2020; Ord. 2006-14 § 2 (Exh. A), 2006)

A. Purpose and Intent. It is the intent of this section to establish standards and procedures that facilitate the development of housing affordable to a range of households with varying income levels as mandated by California Government Code Section 65580. The purpose of this section is to encourage the development and availability of such housing by ensuring that the addition of affordable housing units to the city’s housing stock is in proportion with the overall increase in housing units.

B. Applicability and Exemptions.

C. Inclusionary Housing Requirement.

D. Alternatives Allowed with Findings.

E. Procedures.

A. A density bonus in excess of the maximum density bonus required under the state density bonus law;

B. A number of concessions in excess of the maximum number of concessions required under the state density bonus law;

C. Waivers to which the applicant is not otherwise entitled pursuant to the state density bonus law; and

D. A parking ratio and other provisions for parking more favorable that required under the state density bonus law, except as otherwise permitted pursuant to another provision of this code or other state law. (Ord. 2023-07 § 3, 2023)

A. Affordable Housing Costs. The total housing costs paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit, as follows:

B. Development Standards.

C. Length of Affordability.

A. Concurrent with the developer’s first application for a discretionary approval (or building permit, when discretionary approval is not required) for a residential development or redevelopment, the developer shall submit to the director an affordable housing plan for review. The affordable housing plan shall be accompanied by a processing fee in an amount prescribed by resolution of the city council. No discretionary approval (or building permit) shall be granted without submission of the affordable housing plan.

B. The affordable housing plan shall contain the following information:

C. Review and Approval of Affordable Housing Plan.

A. General Provisions.

A. There is established a separate fund of the city, to be known as the affordable housing trust fund. All moneys collected in compliance with Section 17.48.110 (Enforcement and monitoring) shall be deposited in the affordable housing trust fund.

B. Moneys recovered pursuant to Section 17.48.110 (Enforcement and monitoring) shall be distributed to the affected tenants or buyers, to the extent the tenants or buyers are very low, low, or moderate income households eligible to occupy the inclusionary and density bonus target units and made payments in excess of the applicable affordable housing cost or sales price. (Ord. 2020-07 § 2, 2020; Ord. 2006-14 § 2 (Exh. A), 2006)

A. The provisions of this chapter shall apply to all developers and their agents, successors and assigns proposing a residential development governed by this chapter. No building permit or occupancy permit shall be issued, nor any entitlement granted, for a project which is not exempt and does not meet the requirements of this chapter. This chapter shall be administered in accordance with administrative policies and procedures adopted by the city council and amended from time to time. The administrative policies and procedures may address policies and procedures such as the process for random drawings and waiting lists to select renters and homebuyers, documentation of employment and residence eligibility, annual certification and monitoring, refinancing and resale procedures, and ongoing homeowner education requirements.

B. All inclusionary units and density bonus target units shall be rented or owned in accordance with this chapter.

C. The city attorney shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other requirements placed on inclusionary units and density bonus target units by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under the Marina Municipal Code and/or any other action authorized by law or by any regulatory document, restriction or agreement executed under this chapter. The city shall be entitled to all attorneys’ fees arising out of any action or proceeding to ensure compliance.

D. Any individual who sells or rents an inclusionary or density bonus target unit in violation of the provisions of this chapter shall be required to forfeit all monetary amounts so obtained. Any individual who violated the terms of this chapter or any regulatory agreement may be forced to vacate or sell the unit to an eligible participant.

E. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 2020-07 § 2, 2020; Ord. 2006-14 § 2 (Exh. A), 2006)

A. Notwithstanding any other provision of this chapter, the inclusionary housing requirements of Section 17.48.030 may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of a proposed residential development and the requirements of this section or that applying the requirements of this chapter would take property in violation of the United States or California Constitution.

B. Any request for a waiver, adjustment, or reduction under this section shall be submitted concurrently with the affordable housing plan required by Section 17.48.070. The request for a waiver, reduction, or adjustment shall set forth in detail the factual and legal basis for the claim.

C. The request for a waiver, adjustment, or reduction shall be revised and considered in the same manner and at the same time as the affordable housing plan. In making a determination on an application for waiver, adjustment or reduction, the applicant shall bear the burden of presenting substantial evidence to support the claim. The city may assume each of the following when applicable:

D. The waiver, adjustment, or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section. (Ord. 2020-07 § 2, 2020; Ord. 2006-14 § 2 (Exh. A), 2006)

A. Purpose and Intent. The affordable housing overlay (AHO) serves to implement housing element programs and address housing needs within the city by encouraging the development of very low income and low income affordable housing and new multifamily residential development. The AHO implements the housing element programs by providing development regulations to support and incentivize affordable housing and multifamily residential development on designated housing opportunity sites. It shall provide for the continuation of the ability to develop land uses permitted by the existing base (underlying) zoning of a property unless the property is developed for residential uses in accordance with the AHO.

B. Applicability. The AHO shall apply to any underlying zone district to support housing element programs as designated on the zoning map on file at the community development department. For any housing project developed in accordance with this section, these standards shall apply instead of those in the underlying base zone district. A property owner may elect to continue to use the site consistent with the underlying zoning district, in which case the applicable underlying district standards will apply.

C. Permitted Uses. Uses permitted in the AHO shall be as follows:

D. Application and Review.

E. General Regulations.

F. Development Standards.

G. Incentives. Applications meeting the purpose and applicability of the AHO will qualify for one of several incentive options for the creation of housing. The following development incentives are available to qualifying residential developments:

H. Design. Development in any specific plan area shall be subject to the architectural control process identified in that specific plan. (Ord. 2023-12 § 3, 2023; Ord. 2023-01 § 3, 2023)

A. “Low-barrier navigation center” (LBNC) is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

B. “Use by right” has the meaning defined in California Government Code Section 65583.2(i). Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low-barrier navigation center constructed or allowed by this chapter. (Ord. 2022-04 § 3 (Exh. A), 2022)

A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to 24 CFR Section 576.400(d) or 578.7(a)(8), as applicable, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by 24 CFR Section 578.3. (Ord. 2022-04 § 3 (Exh. A), 2022)

A. Not more than two persons, at least one of whom must be a senior citizen and at least sixty-two years of age, shall reside in any one-bedroom unit.

B. Not more than one senior citizen, at least sixty-two years of age, shall reside in any studio unit.

C. The age and occupancy restrictions set forth in subsections A, B and D of this section shall be included in the covenants required to be recorded against the property pursuant to Section 17.50.020. The provisions of subsection E of this section may be included in the covenants should the property owner wish to do so.

D. An on-site resident manager shall be required for all low income senior citizens’ apartment projects and shall be responsible for insuring that applicable age, occupancy and income restrictions listed in the covenants are enforced. The minimum age requirements listed in Section 17.50.150 shall not apply to the resident manager of the complex.

E. Notwithstanding the foregoing provisions of this section, the terms of the age restrictions required by this section shall change from sixty-two years of age to fifty-five years of age in the event that a sale in foreclosure should occur due to legitimate, normal and noncollusive defaults on a loan for a low income senior citizens’ housing project. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Studio units: three hundred fifty square feet;

B. One-bedroom units: five hundred square feet;

C. No two-bedroom units shall be allowed. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. For low income senior citizens’ apartment projects with from sixteen to twenty dwelling units, the minimum setbacks and special yards shall be as required in the underlying zone.

B. For low income senior citizens’ apartment projects with more than twenty dwelling units, the minimum front, side, rear and special yard requirements of the underlying district and the locational requirements for accessory buildings in the general zoning regulations shall be superseded by a requirement of a minimum ten-foot setback around the periphery of the project site. Encroachments of up to five feet into said ten-foot perimeter may be approved by the planning commission or the city council on appeal, as follows:

A. Certain uses of real property, variously described as adult bookstores, adult motion picture facilities, figure model studios, adult cabarets, adult motels and massage parlors, have serious objectionable characteristics which, if such uses were allowed to become concentrated in certain areas of the city, may have adverse effects upon the character of such areas and adjacent neighborhoods.

B. Permitting the concentration of adult businesses may tend to create and foster a skid-row atmosphere in neighborhoods and areas within the city.

C. Permitting the concentration of such adult businesses in residential zones, or in zones adjacent to schools, churches, or public recreational areas, or within close proximity of such uses, may expose minors to such facilities and this may adversely affect such minors due to their immaturity.

D. Special regulation of adult business uses is necessary to insure that such uses do not become incompatible land uses and, further, will not contribute to the blighting or downgrading of zones in which they are permitted, therefore adversely affecting property values and deterring or interfering with the development and operation of other businesses within the city.

E. There is a higher incidence of crime, especially crimes against the person, in areas in which adult businesses are permitted to cluster or become concentrated, and that such crimes and the incidence thereof increase in the late evening and night hours, requiring increased effort on the part of the public safety personnel to police such activities, with resultant costs to the city. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Adult bookstore” means an establishment in which fifty percent or more of either its floor area, inventory or monthly sales is devoted to stock, books, magazines, or other periodicals, films, videotapes, video discs, or other such electronic, magnetic, or other means of creating a moving image upon any screen, television, or other device, peep shows or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, videotapes, video discs, or other means, peep shows or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.

“Adult businesses” means adult bookstore, adult motion picture facility, figure model studio, adult motel, adult cabaret, or massage establishment. However, a massage therapist business as defined in this section shall be excluded from the definition of adult businesses.

“Adult cabaret” means an establishment which features topless-bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers.

“Adult motels” means any establishment designated as or having the characteristics of a hotel, motel, or other transient lodging facility which has or proposes to have as a feature or service offered to its customers the presentation or entertainment in the form of motion picture film, videotape, closed circuit television, or any other similar means or device which is substantially similar thereto and provided for the purpose of displaying, showing or depicting specified anatomical areas, as defined in this section for observation or viewing by persons who are customers of such establishments. This section shall apply whether charge is made or consideration exchanged for the use of rooms within such establishments for overnight accommodations or for short-term admission to view the material above described.

“Adult motion picture facility” means a facility used for presenting, whether by way of motion picture projection or television or video equipment, or peep show device, material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein, whether in one or more auditoriums, drive-in theaters, booths or rooms within such facility.

“Figure model studio” means any premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed, conversed with, or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted in the nude or seminude for persons who pay a fee, or other consideration, compensation or gratuity, for the right or opportunity to converse with or so depict a figure model, or for admission to, or for permission to remain, or as a condition of remaining, upon the premises. “Figure model studio” does not include, for purposes of this definition, any studio which is operated by any state college, junior or community college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating has met the requirements established by the state for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.

“Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating, the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage. Exemptions listed in Section 5.36.100 are excluded from this definition of massage.

“Massage establishment” means any establishment having a fixed place of business where any individual, firm, association, partnership or corporation engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for any form of consideration whatsoever, “massages” as defined in this section.

“Massage therapist” means a person who can submit a diploma or certificate of graduation from a five-hundred-hour resident course of instruction from a recognized school of massage as defined in this section or who can submit diplomas, certificates, or other evidence demonstrating five hundred hours of cumulative education consisting of a three-hundred-hour resident course of instruction from a recognized school of massage and two hundred additional hours of resident instruction from an existing school or institution of learning outside the state of California together with a copy of the school’s approval by its State Board of Education and a certified transcript of the applicant’s school records showing date of enrollment, hours of instruction and graduation from a course having at least a minimum requirement prescribed by Title 5, Division 21, of the California Administrative Code, wherein the theory, method, profession and work of massage is taught.

“Massage therapist business” means a massage establishment in which all massage practitioners have demonstrated to the city that they qualify and meet the definition of massage therapist in this section.

“Recognized school of massage” means any school or institution of learning which teaches the theory, ethics, practice, profession or work of massage, which has been approved pursuant to the California Education Code. Schools offering a correspondence course not requiring attendance shall not be deemed a recognized school. The city shall have a right to confirm that the applicant has actually attended class in a recognized school.

“Specified anatomical areas” means:

“Specified sexual activities” means:

A. No adult business shall be located within a radius of one thousand feet from any parcel of real property upon which is located any of the following:

B. No adult business shall be located within four hundred feet of any residential zone in the city.

C. No adult business shall be located within one thousand feet of any other adult business. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. That the proposed use will not be contrary to the public health, peace, safety, morals, comfort and general welfare of persons residing or working in the zone or district in which the use is proposed;

B. That the proposed use will not result in creating a skid-row atmosphere in zones or districts in which it is proposed;

C. That the proposed use will not be contrary to any program of neighborhood conservation, nor interfere with any economic development program of urban renewal in the zones or districts in which it is proposed. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code.

B. The city council finds and declares that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

C. The city council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

D. The city council further finds that surface mining takes place in areas where the geologic, topographic, climatic, biological and social conditions are different and that reclamation operations and the specifications therefor may vary accordingly. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

“Environmental assessment” means the study of the environment of an area proposed to be mined including the flora, fauna, geologic, erosion potential and other factors deemed to be important by qualified experts of appropriate disciplines.

“Environmental impact report” means a report on the environmental effects of a project prepared according to the standards and provisions of the California Environmental Quality Act (CEQA).

“Exploration” or “prospecting” means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of minerals present.

“General plan” means the adopted general plan for the city of Marina.

“Local coastal program” means the adopted local coastal land use and implementation plans for the city as certified by the California Coastal Commission.

“Mined lands” includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

“Minerals” means any naturally occurring chemical element or compound or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, sand, but excluding geothermal resources, natural gas and petroleum.

“Mining waste” means and includes the residual of soil, rock, mineral liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

“New mining” means and includes any significant increase in the rate of extraction or change in location.

“Operator” means any person who is engaged in surface mining operations himself, or who contracts with others to conduct operations on his behalf.

“Overburden” means soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.

“Permit” means any formal authorization from or approval by the city without which surface mining operations cannot occur.

“Person” means any individual, firm, association, corporation, organization or partnership, or any city, county, district or the state or any department or agency thereof.

“Reclamation” means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

“State Board” means State Mining and Geology Board in the Department of Conservation, State of California.

“State Geologist” means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

“Surface mining operations” means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to: (1) in-place distillation, retorting or leaching; (2) the production and disposal of mining waste; and (3) prospecting and exploratory activities. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. The provisions of this chapter shall apply to the incorporated areas of the city.

B. The provisions of this chapter are not applicable to:

A. Reclamation Plan Requirements. Reclamation plans as defined in this chapter shall be required of all mining operations undertaken since January 1, 1976. Any person who proposes to engage in new mining operations as defined in this chapter shall also be required to prepare a reclamation plan prior to commencing new mining operations.

B. Permit Requirements. The planning commission shall issue a mining permit for any new surface mining operation, which the planning commission finds is in conformance with the local coastal program. No new mining activity shall take place prior to the issuance of a mining permit by the planning commission.

C. Reporting Provision. In order to establish reference base data for the purpose of determining whether or not any particular mining activity constitutes new mining activity and to monitor shoreline erosion it is required that all operators of existing mining operations submit to the planning department a brief written statement specifying the approximate annual volume of sand being removed and an accurate cronaflex ortho-topographic map, at a scale of one inch equals two hundred feet with two-foot contour intervals, preferably prepared by a licensed photogrammetric engineer. All elevations on said map shall be based on city datum. Said maps may also be prepared by a licensed surveyor or civil engineer. All areas being mined shall be clearly and accurately outlined on said topographic map. The information specified above shall be certified for accuracy and be submitted by the operator to the city.

D. Permit and Reclamation Plan Fee. A fee shall be established by the city council and shall be paid to the city at the time of filing a permit application or reclamation plan.

E. Reclamation Plan Requirements. The planning commission shall review reclamation plans and find that they include the following:

F. Time Limits. Time limits for the approval of a reclamation plan or mining permit for existing operations may be extended for a period of up to one year by the planning commission or city council on appeal subject to the following conditions:

G. Transferability. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. Amendments to an approved reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the city.

B. Amendments to an approved reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)